February 25, 1999
Journal of the Senate
THIRTY-THIRD DAY
______
| Senate Chamber, Topeka, Kansas |
| Thursday, February 25, 1999--9:00 a.m. |
The Senate was called to order by President Dick Bond.
The roll was called with forty senators present.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
When we got elected
We were quite aware
That everything we say and do
Would be known everywhere.
We're quoted in the papers;
Our votes recorded, too.
People in the gallery
See everything we do.
We're called things we can't repeat,
But what much more upsets us
Is the letters that we get
Which are anonymous.
We've never done a lot of things
For which we have been blamed;
We're ridiculed by columnists,
But at least we know their names!
Please help these folks to know, O God,
It doesn't matter what they've said;
If they're afraid to sign their name,
Their letters won't get read!
I pray this in the Name of Christ,
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 340, An act concerning the Kansas racing and gaming commission; relating to
compensation of commission members; amending K.S.A. 1998 Supp. 74-8803 and repealing
the existing section, by Committee on Ways and Means.
SB 341, An act concerning crimes and punishments and criminal administrative
procedure; relating to driving under the influence of alcohol and drugs; amending K.S.A.
8-2,145 and K.S.A. 1998 Supp. 8-241, 8-1001, 8-1002, 8-1014, 8-1567, 21-4704, 22-3717
and 65-1,107 and repealing the existing sections, by Committee on Federal and State Affairs.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Assessment and Taxation: HB 2071.
Commerce: HB 2320.
Ways and Means: SB 338, 339.
CHANGE OF REFERENCE
The President withdrew SB 281 from the Committee on Agriculture, and referred the
bill to the Committee on Ways and Means.
The President withdrew SB 140, 146 from the Committee on Elections and Local
Government, and referred the bills to the Committee on Ways and Means.
The President withdrew SB 172 from the Committee on Energy and Natural Resources
and referred the bill to the Committee on Ways and Means.
The President withdrew SB 53, 204, 225, 261, 294, 295 from the Committee on
Education, and referred the bills to the Committee on Ways and Means.
The President withdrew SB 18, 173, 226, 228, 242, 300 from the Committee on
Assessment and Taxation, and referred the bills to the Committee on Ways and Means.
The President withdrew SB 154 from the Committee on Ways and Means, and rereferred
the bill to the Committee on Transportation and Tourism.
The President withdrew SB 64, 258 from the Committee on Ways and Means, and
rereferred the bills to the Committee on Agriculture.
The President withdrew SB 23, 231 from the Committee on Ways and Means, and
rereferred the bills to the Committee on Elections and Local Government .
The President withdrew SB 94, 148, 165, 178, 183, 184, 297 from the Committee on
Ways and Means, and rereferred the bills to the Committee on Judiciary.
The President withdrew SB 20, 144, 187, 189, 193, 233, 259, 268, 302 from the
Committee on Ways and Means, and rereferred the bills to the Committee on Public Health
and Welfare.
The President withdrew SB 1, 80, 160, 253, 272, 291, 301 from the Committee on
Ways and Means, and rereferred the bills to the Committee on Financial Institutions and
Insurance.
The President withdrew SB 86, 269, 290, 308, 315 from the Committee on Ways and
Means, and rereferred the bills to the Committee on Commerce.
The President withdrew SB 194 from the Committee on Ways and Means, and
rereferredthe bill to the calendar under the heading of General Orders.
MESSAGE FROM THE GOVERNOR
SB 41 approved on February 24, 1999.
FINAL ACTION ON CONSENT CALENDAR
SB 311 having appeared on the Consent Calendar for the required two full legislative
days without objection from any member, was considered on final action.
SB 311, An act concerning corporations; relating to filing of certain documents; recording
with register of deeds; amending K.S.A. 17-630, 17-1507, 17-1608, 17-2034, 17-2201, 17-
6001, 17-6203, 17-6401, 17-6601, 17-6602, 17-6605, 17-6706, 17-6707, 17-6913 and 17-
7301 and K.S.A. 1998 Supp. 17-6003 and 17-6205 and repealing the existing sections; also
repealing K.S.A. 17-7401.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: 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, Vratil.
The bill passed.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
SB 7, An act concerning cities and counties; relating to the consolidation thereof;
amending K.S.A. 12-301 and 12-3909 and K.S.A. 1998 Supp. 19-205 and repealing the
existing sections, was considered on final action.
On roll call, the vote was: Yeas 30, nays 10, present and passing 0; absent or not voting
0.
Yeas: Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Donovan, Emert, Gilstrap, Gooch,
Goodwin, Hardenburger, Hensley, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Praeger, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens,
Vidricksen, Vratil.
Nays: Barone, Corbin, Downey, Feleciano, Harrington, Huelskamp, Petty, Pugh, Tyson,
Umbarger.
The bill passed, as amended.
SB 78, An act relating to property taxation; concerning the exemption of certain farm
machinery and equipment; amending K.S.A. 79-201j and 79-5a01 and repealing the existing
sections, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: 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, Vratil.
The bill passed, as amended.
SB 96, An act concerning modification of child custody or residential placement orders,
was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: 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, Vratil.
The bill passed.
SB 97, An act concerning small claims procedure; relating to corporate representation;
amending K.S.A. 61-2703 and 61-2707 and repealing the existing sections, was considered
on final action.
On roll call, the vote was: Yeas 34, nays 6, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Oleen, Praeger, Salisbury, Salmans,
Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen.
Nays: Bleeker, Morris, Petty, Pugh, Ranson, Vratil.
The bill passed, as amended.
SB 110, An act concerning the board of nursing; relating to exempt licenses; amending
K.S.A. 1998 Supp. 65-1115, 65-1116, 65-1131 and 65-4203 and repealing the existing
sections, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: 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, Vratil.
The bill passed, as amended.
SB 125, An act concerning domestic relations; relating to divorce; child placement
investigator's report, dissemination; amending K.S.A. 60-1615 and repealing the existing
section, was considered on final action.
On roll call, the vote was: Yeas 33, nays 7, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bond, Corbin, Donovan, Downey, Emert, Feleciano,
Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan, Kerr,
Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Salisbury, Salmans, Steffes,
Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Bleeker, Brownlee, Clark, Huelskamp, Pugh, Ranson, Tyson.
The bill passed.
SB 126, An act establishing the quality enhancement wage pass-through program for
nursing facilities, was considered on final action.
On roll call, the vote was: Yeas 32, nays 8, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Hensley, Jones, Langworthy,
Lawrence, Lee, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Steffes, Steineger,
Stephens, Umbarger, Vidricksen, Vratil.
Nays: Brownlee, Harrington, Huelskamp, Jordan, Kerr, Morris, Pugh, Tyson.
The bill passed, as amended.
SB 143, An act concerning civil procedure; relating to exemptions from claims of
creditors; pension and retirement assets; amending K.S.A. 60-2308 and repealing the existing
section, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: 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, Vratil.
The bill passed.
SB 170, An act concerning certain claims against the state, making appropriations,
authorizing certain transfers, imposing certain restrictions and limitations, and directing or
authorizing certain disbursements, procedures and acts incidental to the foregoing, was
considered on final action.
On roll call, the vote was: Yeas 36, nays 4, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Huelskamp, Jones, Jordan,
Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Harrington, Hensley, Salmans, Tyson.
The bill passed, as amended.
EXPLANATION OF VOTE
Mr. President: In my mind the most notable claim in this bill has been stricken from
those to receive an appropriation.
The LaBarge family faced the trauma of SRS removing their two daughters from their
home. The charge against Mr. and Mrs. LaBarge was that of ``failure to thrive'' or neglecting
to properly and adequately feed their young daughters. This was refuted by a specialist.
Several times SRS has publicly stated they believe the twin girls are alive today because
of their intervention. In response to this, it needs to be publicly stated that this family had
their lives torn apart by the SRS intervention; this to a family who has already faced the
harshness of life.--Karin Brownlee
Senators Clark, Harrington, Salmans, Tyson and Vratil request the record to show they
concur with the ``Explanation of Vote'' offered by Senator Brownlee on SB 170.
SB 181, An act concerning crimes and punishment; relating to determination of criminal
history classification; assault adjudications and convictions; amending K.S.A. 1998 Supp. 21-
4711 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: 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, Vratil.
The bill passed.
SB 190, An act concerning the Kansas healing arts act; relating to the expiration date of
licenses, temporary and postgraduate permits and fees; concerning institutional licenses;
amending K.S.A. 1998 Supp. 65-2809, 65-2811, 65-2852 and 65-2895 and repealing the
existing sections, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: 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, Vratil.
The bill passed, as amended.
SB 207, An act concerning the Kansas bureau of investigation; relating to background
investigations; criminal history record information; amending K.S.A. 75-712 and repealing
the existing section, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: 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, Vratil.
The bill passed, as amended.
SB 245, An act concerning certain municipalities; authorizing the calling of certain
elections, was considered on final action.
On roll call, the vote was: Yeas 36, nays 4, present and passing 0; absent or not voting 0.
Yeas: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Barone, Biggs, Morris, Stephens.
The bill passed, as amended.
Sub SB 270, An act concerning the employment security law; relating to employer
contributions and disqualification for benefits; amending K.S.A. 1998 Supp. 44-706 and 44-
710a and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: 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, Vratil.
The substitute bill passed.
SB 292, An act concerning imported meat, poultry or dairy products labeling; providing
for enforcement by the attorney general; amending K.S.A. 65-6a48, 65-6a49, 65-6a50 and
65-6a51 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 37, nays 2, present and passing 1; absent or not voting 0.
Yeas: Barone, Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Biggs, Lee.
Present and passing: Downey.
The bill passed.
EXPLANATION OF VOTE
Mr. President: Despite the best intentions of the advocates of this bill, I cannot vote
for legislation that is clearly unconstitutional and unenforceable. This was confirmed by a
statement from Attorney General Stovall as reported on public radio this morning. The
more proper response to this issue would have been a senate resolution to our Congressional
delegation and Agriculture Secretary Glickman.--Don Biggs
Senator Lee requests the record to show she concurs with the ``Explanation of Vote''
offered by Senator Biggs on SB 292.
House Concurrent Resolution No. 5002--
By Special Committee on Assessment and Taxation
A PROPOSITION to amend section 13 of article 11 of the constitution of the state of Kansas,
relating to exemption of property used for oil and gas development, exploration and
production purposes.
Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected
(or appointed) and qualified to the House of Representatives and two-thirds of the
members elected (or appointed) and qualified to the Senate concurring therein:
Section 1. The following proposition to amend the constitution of the state of Kansas
shall be submitted to the qualified electors of the state for their approval or rejection: Section
13 of article 11 of the constitution of the state of Kansas is hereby amended to read as
follows:
``§ 13. Exemption of property for economic development purposes; procedure;
limitations. (a) The board of county commissioners of any county or the governing body
of any city may, by resolution or ordinance, as the case requires, exempt from all ad
valorem taxation all or any portion of the appraised valuation of: (1) All buildings,
together with the land upon which such buildings are located, and all tangible personal
property associated therewith used exclusively by a business for the purpose of: (A)
Manufacturing articles of commerce; (B) conducting research and development; or (C)
storing goods or commodities which are sold or traded in interstate commerce, which
commences operations after the date on which this amendment is approved by the
electors of this state; or (2) all buildings, or added improvements to buildings constructed
after the date on which this amendment is approved by the electors of this state, together
with the land upon which such buildings or added improvements are located, and all
tangible personal property purchased after such date and associated therewith, used
exclusively for the purpose of: (A) Manufacturing articles of commerce; (B) conducting
research and development; or (C) storing goods or commodities which are sold or traded
in interstate commerce, which is necessary to facilitate the expansion of any such existing
business if, as a result of such expansion, new employment is created; or (3) all property
actually and regularly used in conjunction with the development, exploration and
production of oil and gas.
(b) Any ad valorem tax exemption granted pursuant to subsection (a) shall be in
effect for not more than 10 calendar years after the calendar year in which the business
commences its operations or the calendar year in which expansion of an existing business
is completed, as the case requires.
(c) The legislature may limit or prohibit the application of this section by enactment
uniformly applicable to all cities or counties.
(d) The provisions of this section shall not be construed to affect exemptions of
property from ad valorem taxation granted by this constitution or by enactment of the
legislature, or to affect the authority of the legislature to enact additional exemptions of
property from ad valorem taxation found to have a public purpose and promote the
general welfare.''
Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:
``Explanatory statement. This amendment would specifically authorize the exemption
from property taxation of certain property used for oil and gas development, exploration
and production purposes.
``A vote for this proposition would specifically allow the governing body of a city or
county to exempt from property taxation property used in the development, exploration
and production of oil and gas.
``A vote against this proposition would continue to allow the exemption from property
taxation of property used exclusively for certain economic development purposes by the
governing body of a city or county.''
Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the House of Representatives and two-thirds of the members elected (or
appointed) and qualified to the Senate, shall be entered on the journals, together with the
yeas and nays. The secretary of state shall cause this resolution to be published as provided
by law and shall cause the proposed amendment to be submitted to the electors of the state
at the general election to be held on November 7, 2000, unless a special election is called
at a sooner date by concurrent resolution of the legislature, in which case it shall be
submitted to the electors of the state at the special election.
On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or not voting 0.
Yeas: 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, Umbarger,
Vidricksen, Vratil.
Nays: Tyson.
A two-thirds constitutional majority having voted in favor of the resolution, HCR 5002
was adopted.
REPORT ON ENGROSSED BILLS
SB 7, 126, 170 reported correctly engrossed February 24, 1999.
COMMITTEE OF THE WHOLE
On motion of Senator Emert, the Senate resolved itself into Committee of the Whole for
consideration of bills on the calendar under the heading of General Orders with Senator
Kerr in the chair.
The following report was adopted:
Recommended that SB 220, 306 be passed.
SB 72, 92, 267 be amended by adoption of the committee amendments, and the bills
be passed as amended.
The Committee considered SB 287.
Senator Clark moved to amend the bill
on page 1, by striking all in lines 17 through 43;
On page 2, by striking all in lines 1 through 43;
On page 3, by striking all in lines 1 through 37; also on page 3 in line 38 by striking ``Sec.
4.'' and inserting ``Section 1.'';
On page 6, by striking all in lines 4 through 35;
On page 8, by striking all in lines 13 through 21;
On page 10, by striking all in lines 22 through 43;
On page 11, by striking all in lines 1 through 43;
On page 12, by striking all in lines 1 through 43;
On page 13, by striking all in lines 1 through 43;
On page 14, by striking all in lines 1 through 3;
On page 15, by striking all in lines 2 through 43;
On page 16, by striking all in lines 1 through 43;
On page 17, by striking all in lines 1 through 43;
On page 18, by striking all in lines 1 and 2; also on page 18, in line 3, by striking ``12-
766, 24-126,''; also in line 3, by striking ``82a-303,''; in line 4 by striking ``82a-303a, 82a-
703b,''; also in line 4 by striking ``82a-706a,''; in line 5 by striking ``, 82a-727, 82a-954, 82a-
1028,'' and inserting ``and''; also in line 5 by striking ``, 82a-1345, 82a-1503 and''; in line 6
by striking ``82a-1506'';
By renumbering sections accordingly;
On page 1, in the title, in line 11, by striking ``12-766, 24-126,''; also in line 11, by striking
``82a-303, 82a-303a,''; in line 12, by striking ``82a-703b,''; also in line 12 by striking ``82a-
706a,''; in line 13, by striking ``82a-727, 82a-954, 82a-1028,'' and inserting ``and''; also in line
13, by striking ``, 82a-1345, 82a-1503 and 82a-''; in line 14, by striking ``1506'';.
The motion failed and the amendment was rejected.
The Committee recommended SB 287 be passed.
SB 19 be amended by adoption of the committee amendments, and be further amended
by motion of Senator Oleen on page 1, in line 14, before ``the'' by inserting ``(a)''; following
line 25, by inserting a new subsection as follows:
``(b) No more than three applications shall be submitted to the Veterans Administration
for the state veterans cemetery program grant after the effective date of this act. Nothing
in this subsection shall be construed as applying to grants submitted prior to the effective
date of this act.'', and the bill be passed as further amended.
SB 232 be passed over and retain a place on the calendar.
On motion of Senator Emert, the Senate recessed until 2:00 p.m.
______
Afternoon-Session
The Senate met pursuant to recess with President Bond in the chair.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
SB 342, An act concerning the state board of regents; relating to reimbursement of
moving expenses for certain state officers and employees; amending K.S.A. 76-727 and
repealing the existing section, by Committee on Ways and Means.
CHANGE OF REFERENCE
The President withdrew SB 106; Sub SB 257 from the calendar under the heading of
General Orders, and referred the bills to the Committee on Ways and Means.
The President withdrew SB 158 from the Committee on Energy and Natural Resources,
and referred the bill to the Committee on Ways and Means.
The President withdrew SB 99 from the Committee on Transportation and Tourism
(separately) and the Committee on Assessment and Taxation (separately), and referred the
bill to the Committee on Ways and Means.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2035, 2040, 2074; Substitute HB 2076; HB 2082, 2090,
2140, 2142, 2150, 2197, 2205, 2224, 2290, 2404.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2035, 2040, 2074; Substitute HB 2076; HB 2082, 2090, 2140, 2142, 2150,
2197, 2205, 2224, 2290, 2404 were introduced and read by title.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Donovan introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1824--
A RESOLUTION congratulating and commending Mr. and Mrs. Ed Ray Burlie.
WHEREAS, Ed Ray and Audrey Burlie, of Anthony, will celebrate their 65th wedding
anniversary on February 25; and
WHEREAS, The Burlies met in Bluff City, Kansas, when Audrey Wimmer saw and fell
in love with a shiny red and black Chevrolet convertible. She ended up falling in love with
the driver of the vehicle--Ed Ray--too; and
WHEREAS, Ed Ray and Audrey, who have lived in Anthony for many years, farmed
wheat and raised three sons on a parcel of land near Manchester, Oklahoma, which land
was acquired by Ed Ray's father in the Oklahoma land run; and
WHEREAS, Ed Ray and Audrey have been avid square dancers for over 50 years, and
they still go to Enid, Oklahoma, on Friday nights to square dance with their square dance
club. They also enjoy playing cards, shopping and being with their family; and
WHEREAS, Ed Ray and Audrey have three sons, Larry, Jerry and Ron, six grandchildren
and three great-grandchildren: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Mr. and Mrs. Ed Ray Burlie upon their 65th wedding anniversary; and
Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Senator Donovan.
On emergency motion of Senator Donovan SR 1824 was adopted unanimously.
Senator Donovan and members of the senate congratulated Mr. and Mrs. Ed Burlie, who
were accompanied by family members, son, Ron Burlie; son and wife, Jerry and Darlene
Burlie; and son and wife, Larry and Marcia Burlie. Senator Donovan also introduced his
wife, Sissy Donovan.
REPORTS OF STANDING COMMITTEES
The Committee on Elections and Local Government recommends SB 230 be
amended on page 1, in line 15, by striking all after ``Section 1.''; in line 16, by striking ``306.'';
On page 2, by striking all in lines 1 through 36; in line 37, by striking ``Sec. 3.'';
And by renumbering sections accordingly;
On page 4, by striking all in lines 15 through 43;
On page 5, by striking all in lines 1 and 2;
On page 10, in line 26, by striking ``12:00 noon'' and inserting ``5:00 p.m.''; also in line
26, by striking ``Tuesday'' and inserting ``Wednesday''; in line 31, after ``than'' where it
appears for the last time, by inserting ``5:00 p.m. on the first Monday following''; in line 32,
by striking ``at 5:00 p.m''; by striking all in lines 38 through 43;
On page 11, by striking all in lines 1 through 43;
On page 12, by striking all in lines 1 through 4 and inserting in lieu thereof the following:
``Sec. 6. K.S.A. 25-433 and 25-3104 and K.S.A. 1998 Supp. 25-2309, 25-2316c and 25-
3107 are hereby repealed.'';
On page 1, in the title, in line 9, by striking all after ``K.S.A.''; by striking all in lines 10
and 11; in line 12, before ``existing'' by inserting: ``25-433 and 25-3104 and K.S.A. 1998
Supp. 25-2309, 25-2316c and 25-3107 and repealing the''; and the bill be passed as amended.
Also SB 283 be amended on page 1, in line 39, by striking all after ``district''; in line 40,
by striking all before ``to'' and inserting: ``to expressly advocate the nomination, election or
defeat of a clearly identified candidate''; and the bill be passed as amended.
SB 319 be amended on page 2, after line 33, by inserting the following:
``Sec. 2. K.S.A. 1998 Supp. 19-4707 is hereby amended to read as follows: 19-4707. (a)
Except as provided in subsection (b), no person shall be assessed costs for enforcement and
prosecution of violations of county codes and resolutions pursuant to this code, except for
witness fees and mileage as set forth in K.S.A. 19-4726 and amendments thereto.
(b) The court shall assess as a cost in each case filed for violations of county codes and
resolutions, a $1 assessment an amount as determined by the board of county commissioners.
The judge or clerk of the court shall remit at least monthly to the state treasurer all $1 from
each such assessments assessment received. The balance of each assessment shall be
deposited in the county general fund. The state treasurer shall deposit the entire amount of
the remittance in the state treasury and credit 50% to the protection from abuse fund
established pursuant to K.S.A. 74-7325 and amendments thereto and 50% to the crime
victims assistance fund established pursuant to K.S.A. 74-7334 and amendments thereto.
Sec. 3. K.S.A. 20-310a is hereby amended to read as follows: 20-310a. (a) Upon the
application of the administrative judge of a judicial district to the departmental justice of
that district, for good cause shown, or in the absence, sickness or disability of a district judge
or district magistrate judge in any judicial district, a judge pro tem may be appointed
whenever the departmental justice for such judicial district has not assigned a district judge
from another judicial district, as provided in K.S.A. 20-319, and amendments thereto.
(b) Any judge pro tem appointed pursuant to this section shall be a regularly admitted
member of the bar of this state. The appointment of any such judge pro tem shall be made
by the administrative judge or, in the absence of the administrative judge, by the
departmental justice for the judicial district.
(c) Any judge pro tem appointed pursuant to this section shall have the full power and
authority of a district judge with respect to any actions or proceedings before such judge
pro tem, except that any judge pro tem appointed pursuant to subsection (d) or (e) shall
have only such power and authority as provided therein. A judge pro tem shall receive such
compensation as is prescribed by the district court, subject to the budget limitations of such
district court.
(d) Subject to the budget limitations of the district court, the administrative judge of
any judicial district may appoint one or more judges pro tem for the limited purpose of
hearing the original trials of actions filed pursuant to the small claims procedures act or
other action within the jurisdiction of a district magistrate judge as provided in K.S.A. 20-
302b, and amendments thereto. Any such judge pro tem shall have only such judicial power
and authority as is necessary to hear such actions. Any party aggrieved by any order of a
judge pro tem under this subsection may appeal such order and such appeal shall be heard
by a district judge de novo. If the appeal is a small claims action, the appeal shall be under
K.S.A. 61-2709, and amendments thereto. If the appeal is an action within the jurisdiction
of a district magistrate judge, the appeal shall be under K.S.A. 20-302b, and amendments
thereto.
(e) Subject to the budget limitations of the district court, the administrative judge of
any judicial district in which the board of county commissioners is authorized to use the
code for the enforcement of county codes and resolutions as provided in subsection (b) of
K.S.A. 19-101d, and amendments thereto, may appoint one or more judges pro tem for the
limited purpose of hearing such cases. Any such judge pro tem shall have only such power
and authority as is necessary to hear such actions, and shall have the power to compel
appearances before the court, to hold persons in contempt for failure to appear, to order
abatements of nuisances resulting from a person's failure to comply with county codes or
resolutions and to order such costs of abatement to be assessed against the parcel of property
on which the nuisance was located, and to issue bench warrants for appearances. Such judge
pro tem shall receive the salary and other compensation set by resolution of the board of
county commissioners which shall be paid from the revenues of the county general fund or
other fund established for the purpose of financing code enforcement.
(f) The administrative judge of each judicial district shall report to the judicial
administrator of the courts: (1) The dates on which any judge pro tem served in such district,
(2) the compensation paid to any judge pro tem, and (3) such other information as the
judicial administrator may request with regard to the appointment of judges pro tem. The
reports shall be submitted annually on or before January 15 on forms provided by the judicial
administrator.'';
And by renumbering sections accordingly;
Also on page 2, in line 34, after ``K.S.A.'' by inserting ``20-310a and K.S.A.''; also in line
34, by striking ``is'' and inserting ``and 19-4707 are'';
On page 1, in the title, in line 10, after ``K.S.A.'' by inserting ``20-310a and K.S.A.''; also
in line 10, after ``19-101d'' by inserting ``and 19-4707''; in line 11, by striking ``section'' and
inserting in lieu thereof ``sections''; and the bill be passed as amended.
Committee on Federal and State Affairs recommends SB 6 be amended on page 2, in
line 18, by striking ``willfully'' where it appears both times;
On page 5, in line 41, by striking ``willfully'' where it appears both times;
On page 6, in line 37, by striking ``Willfully fail'' and inserting ``Fail''; also in line 37 by
striking ``willfully is not'' and inserting ``not be'';
On page 8, in line 18, by striking ``willfully'' where it appears both times; following line
32, by inserting:
``Sec. 5. 1998 Supp. K.S.A. 41-719 is hereby amended to read as follows: 41-719. (a)
No person shall drink or consume alcoholic liquor on the public streets, alleys, roads or
highways or inside vehicles while on the public streets, alleys, roads or highways.
(b) No person shall drink or consume alcoholic liquor on private property except:
(1) On premises where the sale of liquor by the individual drink is authorized by the
club and drinking establishment act;
(2) upon private property by a person occupying such property as an owner or lessee
of an owner and by the guests of such person, if no charge is made for the serving or mixing
of any drink or drinks of alcoholic liquor or for any substance mixed with any alcoholic liquor
and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
takes place;
(3) in a lodging room of any hotel, motel or boarding house by the person occupying
such room and by the guests of such person, if no charge is made for the serving or mixing
of any drink or drinks of alcoholic liquor or for any substance mixed with any alcoholic liquor
and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
takes place;
(4) in a private dining room of a hotel, motel or restaurant, if the dining room is rented
or made available on a special occasion to an individual or organization for a private party
and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
takes place; or
(5) on the premises of a microbrewery or farm winery, if authorized by K.S.A. 41-308a
or 41-308b, and amendments thereto.
(c) No person shall drink or consume alcoholic liquor on public property except:
(1) On real property leased by a city to others under the provisions of K.S.A. 12-1740
through 12-1749, and amendments thereto, if such real property is actually being used for
hotel or motel purposes or purposes incidental thereto.
(2) In any state-owned or operated building or structure, and on the surrounding
premises, which is furnished to and occupied by any state officer or employee as a residence.
(3) On premises licensed as a club or drinking establishment and located on property
owned or operated by an airport authority created pursuant to chapter 27 of the Kansas
Statutes Annotated or established by a city having a population of more than 200,000.
(4) On the state fair grounds on the day of any race held thereon pursuant to the Kansas
parimutuel racing act.
(5) On the state fairgrounds, if such liquor is domestic wine or wine imported under
subsection (e) of K.S.A. 41-308a, and amendments thereto, and is consumed only for
purposes of judging competitions.
(6) In the state historical museum provided for by K.S.A. 76-2036, and amendments
thereto, on the surrounding premises and in any other building on such premises, as
authorized by rules and regulations of the state historical society.
(7) On the premises of any state-owned historic site under the jurisdiction and
supervision of the state historical society, on the surrounding premises and in any other
building on such premises, as authorized by rules and regulations of the state historical
society.
(8) In a lake resort within the meaning of K.S.A. 32-867, and amendments thereto, on
state-owned or leased property.
(9) On the premises of the Kansas national guard regional training center located in
Saline county, and any building on such premises, as authorized by rules and regulations of
the adjutant general and upon approval of the Kansas military board.
(9) (10) On property exempted from this subsection (c) pursuant to subsection (d), (e),
(f), (g) or (h).
(d) Any city may exempt, by ordinance, from the provisions of subsection (c) specified
property the title of which is vested in such city.
(e) The board of county commissioners of any county may exempt, by resolution, from
the provisions of subsection (c) specified property the title of which is vested in such county.
(f) The state board of regents may exempt from the provisions of subsection (c) specified
property which is under the control of such board and which is not used for classroom
instruction, where alcoholic liquor may be consumed in accordance with policies adopted
by such board.
(g) The board of regents of Washburn university may exempt from the provisions of
subsection (c) the Mulvane art center and the Bradbury Thompson alumni center on the
campus of Washburn university, and other specified property the title of which is vested in
such board and which is not used for classroom instruction, where alcoholic liquor may be
consumed in accordance with policies adopted by such board.
(h) Any city may exempt, by ordinance, from the provisions of subsection (c) any
national guard armory in which such city has a leasehold interest, if the Kansas military
board consents to the exemption.
(i) The provisions of subsection (c) shall not apply to functions or activities held in the
Hiram Price Dillon house or on its surrounding premises, except to the extent limitations
are established in policies adopted by the legislative coordinating council, as provided by
K.S.A. 75-3682, and amendments thereto.
(j) Violation of any provision of this section is a misdemeanor punishable by a fine of
not less than $50 or more than $200 or by imprisonment for not more than six months, or
both.'';
By renumbering sections accordingly;
Also on page 8, in line 34, following ``41-311'' by inserting ``and 41-719'';
In the title, in line 10, by striking ``relating to certain licenses;''; in line 11, following ``41-
311'' by inserting ``and 41-719''; and the bill be passed as amended.
Committee on Judiciary recommends SB 4 be amended on page 3, in line 2, by striking
all after ``(2)''; by striking all in lines 3 through 5; in line 6, by striking ``(3)'';
On page 5, after line 20, by inserting:
``(i) Nothing in this section shall be construed to create an obligation on the part of any
person to disclose an arrest record unless specifically required by law to disclose such arrest
record.
Sec. 2. K.S.A. 1998 Supp. 12-4516a is hereby amended to read as follows: 12-4516a.
(a) Any person who has been arrested on a violation of a city ordinance of this state may
petition the court for the expungement of such arrest record.
(b) When a petition for expungement is filed, the court shall set a date for hearing on
such petition and shall cause notice of such hearing to be given to the prosecuting attorney
and the arresting law enforcement agency. The petition shall state: (1) The petitioner's full
name;
(2) the full name of the petitioner at the time of arrest, if different than the petitioner's
current name;
(3) the petitioner's sex, race and date of birth;
(4) the crime for which the petitioner was arrested;
(5) the date of the petitioner's arrest, and
(6) the identity of the arresting law enforcement agency.
A municipal court may prescribe a fee to be charged as costs for a person petitioning for
an order of expungement pursuant to this section. Any person who may have relevant
information about the petitioner may testify at the hearing. The court may inquire into the
background of the petitioner.
(c) At the hearing on a petition for expungement, the court shall order the arrest record
and subsequent court proceedings, if any, expunged upon finding: (1) The arrest occurred
because of mistaken identity;
(2) a court has found that there was no probable cause for the arrest;
(3) the petitioner was found not guilty in court proceedings; or
(4) the expungement would be in the best interests of justice and (A) Charges have
been dismissed; or (B) no charges have been or are likely to be filed.
(d) When the court has ordered expungement of an arrest record and subsequent court
proceedings, if any, the order shall state the information required to be stated in the petition
and shall state the grounds for expungement under subsection (c). The clerk of the court
shall send a certified copy of the order to the federal bureau of investigation, the Kansas
bureau of investigation, the secretary of corrections and any other criminal justice agency
which may have a record of the arrest. If an order of expungement is entered, the petitioner
shall be treated as not having been arrested.
(e) If the ground for expungement is as provided in subsection (c)(4), the court shall
determine whether, in the interest of public welfare, the records should be available for any
of the following purposes: (1) In any application for employment as a detective with a private
detective agency, as defined by K.S.A. 75-7b01 and amendments thereto; as security
personnel with a private patrol operator, as defined by K.S.A. 75-7b01 and amendments
thereto; or with an institution, as defined in K.S.A. 76-12a01 and amendments thereto, of
the department of social and rehabilitation services;
(2) in any application for admission, or for an order of reinstatement, to the practice of
law in this state;
(3) to aid in determining the petitioner's qualifications for employment with the Kansas
lottery or for work in sensitive areas within the Kansas lottery as deemed appropriate by
the executive director of the Kansas lottery;
(4) to aid in determining the petitioner's qualifications for executive director of the
Kansas racing commission, for employment with the commission or for work in sensitive
areas in parimutuel racing as deemed appropriate by the executive director of the
commission, or to aid in determining qualifications for licensure or renewal of licensure by
the commission;
(5) in any application for a commercial driver's license under K.S.A. 8-2,125 through 8-
2,142 and amendments thereto;
(6) to aid in determining the petitioner's qualifications to be an employee of the state
gaming agency;
(7) to aid in determining the petitioner's qualifications to be an employee of a tribal
gaming commission or to hold a license issued pursuant to a tribal-state gaming compact;
or
(8) in any other circumstances which the court deems appropriate.
(f) Subject to any disclosures required under subsection (e), in any application for
employment, license or other civil right or privilege, or any appearance as a witness, a person
whose arrest records have been expunged as provided in this section may state that such
person has never been arrested.
(g) Whenever a petitioner's arrest records have been expunged as provided in this
section, the custodian of the records of arrest, incarceration due to arrest or court
proceedings related to the arrest, shall not disclose the arrest or any information related to
the arrest, except as directed by the order of expungement or when requested by the person
whose arrest record was expunged.
(h) Nothing in this section shall be construed to create an obligation on the part of any
person to disclose an arrest record unless specifically required by law to disclose such arrest
record.'';
And by renumbering sections accordingly;
On page 8, in line 8, by striking all after ``(2)''; by striking all in lines 9 through 11; in line
12, by striking ``(3)'';
On page 10, after line 33, by inserting:
``(j) Nothing in this section shall be construed to create an obligation on the part of any
person to disclose an arrest record unless specifically required by law to disclose such arrest
record.
Sec. 4. K.S.A. 1998 Supp. 22-2410 is hereby amended to read as follows: 22-2410.
(a) Any person who has been arrested in this state may petition the district court for the
expungement of such arrest record.
(b) When a petition for expungement is filed, the court shall set a date for hearing on
such petition and shall cause notice of such hearing to be given to the prosecuting attorney
and the arresting law enforcement agency. The petition shall state: (1) The petitioner's full
name;
(2) the full name of the petitioner at the time of arrest, if different than the petitioner's
current name;
(3) the petitioner's sex, race and date of birth;
(4) the crime for which the petitioner was arrested;
(5) the date of the petitioner's arrest; and
(6) the identity of the arresting law enforcement agency.
There shall be no docket fee for filing a petition pursuant to this section. Any person who
may have relevant information about the petitioner may testify at the hearing. The court
may inquire into the background of the petitioner.
(c) At the hearing on a petition for expungement, the court shall order the arrest record
and subsequent court proceedings, if any, expunged upon finding: (1) The arrest occurred
because of mistaken identity;
(2) a court has found that there was no probable cause for the arrest;
(3) the petitioner was found not guilty in court proceedings; or
(4) the expungement would be in the best interests of justice and (A) Charges have
been dismissed; or (B) no charges have been or are likely to be filed.
(d) When the court has ordered expungement of an arrest record and subsequent court
proceedings, if any, the order shall state the information required to be stated in the petition
and shall state the grounds for expungement under subsection (c). The clerk of the court
shall send a certified copy of the order to the federal bureau of investigation, the Kansas
bureau of investigation, the secretary of corrections and any other criminal justice agency
which may have a record of the arrest. If an order of expungement is entered, the petitioner
shall be treated as not having been arrested.
(e) If the ground for expungement is as provided in subsection (c)(4), the court shall
determine whether, in the interests of public welfare, the records should be available for
any of the following purposes: (1) In any application for employment as a detective with a
private detective agency, as defined in K.S.A. 75-7b01 and amendments thereto; as security
personnel with a private patrol operator, as defined by K.S.A. 75-7b01 and amendments
thereto; or with an institution, as defined in K.S.A. 76-12a01 and amendments thereto, of
the department of social and rehabilitation services;
(2) in any application for admission, or for an order of reinstatement, to the practice of
law in this state;
(3) to aid in determining the petitioner's qualifications for employment with the Kansas
lottery or for work in sensitive areas within the Kansas lottery as deemed appropriate by
the executive director of the Kansas lottery;
(4) to aid in determining the petitioner's qualifications for executive director of the
Kansas racing commission, for employment with the commission or for work in sensitive
areas in parimutuel racing as deemed appropriate by the executive director of the
commission, or to aid in determining qualifications for licensure or renewal of licensure by
the commission;
(5) in any application for a commercial driver's license under K.S.A. 8-2,125 through 8-
2,142 and amendments thereto;
(6) to aid in determining the petitioner's qualifications to be an employee of the state
gaming agency;
(7) to aid in determining the petitioner's qualifications to be an employee of a tribal
gaming commission or to hold a license issued pursuant to a tribal-state gaming compact;
or
(8) in any other circumstances which the court deems appropriate.
(f) Subject to any disclosures required under subsection (e), in any application for
employment, license or other civil right or privilege, or any appearance as a witness, a person
whose arrest records have been expunged as provided in this section may state that such
person has never been arrested.
(g) Whenever a petitioner's arrest records have been expunged as provided in this
section, the custodian of the records of arrest, incarceration due to arrest or court
proceedings related to the arrest, shall not disclose the arrest or any information related to
the arrest, except as directed by the order of expungement or when requested by the person
whose arrest record was expunged.
(h) Nothing in this section shall be construed to create an obligation on the part of any
person to disclose an arrest record unless specifically required by law to disclose such arrest
record.'';
And by renumbering sections accordingly;
Also on page 10, in line 34, by striking ``and'' and inserting ``, 12-4516a,''; also in line 34,
after ``21-4619'' by inserting ``and 22-2410'';
On page 1, in the title, in line 9, by striking ``criminal procedure; relating to''; also in line
9, after the second semicolon, by inserting ``arrest records;''; in line 10, by striking the first
``and'' and inserting ``, 12-4516a,''; also in line 10, after ``21-4619'' by inserting ``and 22-
2410''; and the bill be passed as amended.
Also SB 150 be amended On page 1, after line 14, by inserting the following;
``Section 1. K.S.A. 1998 Supp. 5-509 is hereby amended to read as follows: 5-509. (a)
The following types of cases may be accepted for dispute resolution by an approved program
or individual:
(1) Civil claims and disputes, including, but not limited to, consumer and commercial
complaints, disputes involving allegations of shoplifting, disputes between neighbors, dis-
putes between business associates, disputes between landlords and tenants, disputes involv-
ing matters under the small claims procedure act, farmer-lender disputes, and disputes
within communities;
(2) disputes concerning child custody and visitation rights parenting time and other areas
of domestic relations;
(3) juvenile offenses and disputes involving juveniles;
(4) disputes between victims and offenders, in which the victims voluntarily agree to
participate in mediation;
(5) disputes involving allegations of unlawful discrimination under state or federal laws;
(6) disputes referred by county attorneys or district attorneys;
(7) disputes involving employer and employee relations under K.S.A. 72-5413 through
72-5432, and amendments thereto, or K.S.A. 75-4321 through 75-4337, and amendments
thereto; and
(8) disputes referred by a court, an attorney, a law enforcement officer, a social service
agency, a school or any other interested person or agency, including the request of the
parties involved.
(b) A case may be referred prior to the commencement of formal judicial proceedings
or may be referred as a pending court case. If a court refers a case, information shall be
provided to the court as to whether an agreement was reached and, if available, a copy of
the signed agreement shall be provided to the court.
(c) Before the dispute resolution process begins, the neutral person conducting the
process shall provide the parties with a written statement setting forth the procedures to be
followed.
Sec. 2. K.S.A. 20-164 is hereby amended to read as follows: 20-164. (a) The supreme
court shall establish by rule an expedited judicial process which shall be used in the estab-
lishment, modification and enforcement of orders of support pursuant to the Kansas par-
entage act; K.S.A. 23-451 et seq., 39-718a, 39-755, 60-1610, and amendments thereto, or
K.S.A. 39-718b, and amendments thereto; K.S.A. 38-1542, 38-1543 or 38-1563, and amend-
ments thereto; or K.S.A. 23-4,105 through 23-4,118 and amendments thereto; or K.S.A. 23-
4,125 through 23-4,137, and amendments thereto.
(b) The supreme court shall establish by rule an expedited judicial process for the en-
forcement of court orders granting a parent visitation rights to parenting time with the
parent's child.
Sec. 3. K.S.A. 1998 Supp. 20-302b is hereby amended to read as follows: 20-302b. (a)
A district magistrate judge shall have the jurisdiction, power and duty, in any case in which
a violation of the laws of the state is charged, to conduct the trial of traffic infractions,
cigarette or tobacco infractions or misdemeanor charges and the preliminary examination
of felony charges. In civil cases, a district magistrate judge shall have concurrent jurisdiction,
powers and duties with a district judge, except that, unless otherwise specifically provided
in subsection (b), a district magistrate judge shall not have jurisdiction or cognizance over
the following actions:
(1) Any action, other than an action seeking judgment for an unsecured debt not sound-
ing in tort and arising out of a contract for the provision of goods, services or money, in
which the amount in controversy, exclusive of interests and costs, exceeds $10,000, except
that in actions of replevin, the affidavit in replevin or the verified petition fixing the value
of the property shall govern the jurisdiction; nothing in this paragraph shall be construed as
limiting the power of a district magistrate judge to hear any action pursuant to the Kansas
probate code or to issue support orders as provided by paragraph (6) of this subsection;
(2) actions against any officers of the state, or any subdivisions thereof, for misconduct
in office;
(3) actions for specific performance of contracts for real estate;
(4) actions in which title to real estate is sought to be recovered or in which an interest
in real estate, either legal or equitable, is sought to be established, except that nothing in
this paragraph shall be construed as limiting the right to bring an action for forcible detainer
as provided in the acts contained in article 23 of chapter 61 of the Kansas Statutes Annotated,
and any acts amendatory thereof or supplemental thereto; and nothing in this paragraph
shall be construed as limiting the power of a district magistrate judge to hear any action
pursuant to the Kansas probate code;
(5) actions to foreclose real estate mortgages or to establish and foreclose liens on real
estate as provided in the acts contained in article 11 of chapter 60 of the Kansas Statutes
Annotated, and any acts amendatory thereof or supplemental thereto;
(6) actions for divorce, separate maintenance or custody of minor children, except that
nothing in this paragraph shall be construed as limiting the power of a district magistrate
judge to: (A) Hear any action pursuant to the Kansas code for care of children or the Kansas
juvenile justice code; (B) establish, modify or enforce orders of support, including, but not
limited to, orders of support pursuant to the Kansas parentage act, K.S.A. 23-451 et seq.,
39-718a, 39-718b, 39-755 or 60-1610 or K.S.A. 23-4,105 through 23-4,118, 23-4,125 through
23-4,137, 38-1542, 38-1543 or 38-1563, and amendments thereto; or (C) enforce orders
granting a parent visitation rights to parenting time with the parent's child;
(7) habeas corpus;
(8) receiverships;
(9) change of name;
(10) declaratory judgments;
(11) mandamus and quo warranto;
(12) injunctions;
(13) class actions;
(14) rights of majority;
(15) actions pursuant to the protection from abuse act; and
(16) actions pursuant to K.S.A. 59-29a01 et seq. and amendments thereto.
(b) Notwithstanding the provisions of subsection (a), in the absence, disability or dis-
qualification of a district judge, a district magistrate judge may:
(1) Grant a restraining order, as provided in K.S.A. 60-902 and amendments thereto;
(2) appoint a receiver, as provided in K.S.A. 60-1301 and amendments thereto;
(3) make any order authorized by K.S.A. 60-1607 and amendments thereto; and
(4) grant any order authorized by the protection from abuse act.
(c) In accordance with the limitations and procedures prescribed by law, and subject to
any rules of the supreme court relating thereto, any appeal permitted to be taken from an
order or final decision of a district magistrate judge shall be tried and determined de novo
by a district judge, except that in civil cases where a record was made of the action or
proceeding before the district magistrate judge, the appeal shall be tried and determined
on the record by a district judge.
(d) Upon motion of a party, the administrative judge may reassign an action from a
district magistrate judge to a district judge.
Sec. 4. K.S.A. 21-3422a is hereby amended to read as follows: 21-3422a. (a) Aggravated
interference with parental custody is:
(1) Hiring someone to commit the crime of interference with parental custody, as de-
fined by K.S.A. 21-3422 and amendments thereto; or
(2) the commission of interference with parental custody, as defined by K.S.A. 21-3422
and amendments thereto, by a person who:
(A) Has previously been convicted of the crime;
(B) commits the crime for hire;
(C) takes the child outside the state without the consent of either the person having
custody or the court;
(D) after lawfully taking the child outside the state while exercising visitation parenting
time or custody rights, refuses to return the child at the expiration of the rights;
(E) at the expiration of visitation parenting time or custody rights outside the state,
refuses to return or impedes the return of the child; or
(F) detains or conceals the child in an unknown place, whether inside or outside the
state.
(b) Aggravated interference with parental custody is a severity level 7, person felony.
(c) This section shall be a part of and supplemental to the Kansas criminal code.
Sec. 5. K.S.A. 23-601 is hereby amended to read as follows: 23-601. Mediation under
this section is the process by which a neutral mediator appointed by the court, or by a
hearing officer in a proceeding pursuant to K.S.A. 23-701, and amendments thereto, assists
the parties in reaching a mutually acceptable agreement as to issues of child custody and
visitation parenting time. The role of the mediator is to aid the parties in identifying the
issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise and
finding points of agreement. An agreement reached by the parties is to be based on the
decisions of the parties and not the decisions of the mediator.
Sec. 6. K.S.A. 23-602 is hereby amended to read as follows: 23-602. (a) The court may
order mediation of any contested issue of child custody or visitation parenting time at any
time, upon the motion of a party or on the court's own motion. A hearing officer in a
proceeding pursuant to K.S.A. 23-701 may order mediation of a contested issue of child
visitation parenting time in such a proceeding.
(b) If the court or hearing officer orders mediation under subsection (a), the court or
hearing officer shall appoint a mediator, taking into consideration the following:
(1) An agreement by the parties to have a specific mediator appointed by the court or
hearing officer;
(2) the nature and extent of any relationships the mediator may have with the parties
and any personal, financial or other interests the mediator may have which could result in
bias or a conflict of interest;
(3) the mediator's knowledge of (A) the Kansas judicial system and the procedure used
in domestic relations cases, (B) other resources in the community to which parties can be
referred for assistance, (C) child development, (D) clinical issues relating to children, (E)
the effects of divorce on children and (F) the psychology of families; and
(4) the mediator's training and experience in the process and techniques of mediation.
Sec. 7. K.S.A. 23-701 is hereby amended to read as follows: 23-701. (a) The purpose
of this section is to enhance the enforcement of child visitation rights parenting time granted
by court order by establishing an expedited procedure which is simplified enough to provide
justice without necessitating the assistance of legal counsel.
(b) If a parent has been granted visitation rights pursuant to K.S.A. 38-1121 or 60-1616,
and amendments thereto, and such rights are denied or interfered with by the other parent,
the parent having visitation rights parenting time may file with the clerk of the district court
a motion for enforcement of such rights. Such motion shall be filed on a form provided by
the clerk of the court. Upon the filing of the motion, the administrative judge of the district
court shall assign a judge of the district court or the court trustee as a hearing officer to
hear the motion. The hearing officer shall immediately:
(1) Issue ex parte an order for mediation in accordance with K.S.A. 23-601 et seq., and
amendments thereto; or
(2) set a time and place for a hearing on the motion, which shall be not more than 21
days after the filing of the motion.
(c) If mediation ordered pursuant to subsection (b) is completed, the mediator shall
submit a summary of the parties' understanding to the hearing officer within five days after
it is signed by the parties. Upon receipt of the summary, the hearing officer shall enter an
order in accordance with the parties' agreement or set a time and place for a hearing on
the matter, which shall be not more than 10 days after the summary is received by the
hearing officer.
(d) If mediation ordered pursuant to subsection (b) is terminated pursuant to K.S.A.
23-604 and amendments thereto, the mediator shall report the termination to the hearing
officer within five days after the termination. Upon receipt of the report, if the hearing
officer is a district judge, such judge shall set the matter for hearing. If the hearing officer
is a district magistrate judge or a court trustee, the administrative judge shall assign the
matter to a district judge who shall set the matter for hearing. Any such hearing shall be
not more than 10 days after the mediator's report of termination is received by the hearing
officer.
(e) Notice of the hearing date set by the hearing officer shall be given to all interested
parties by certified mail, return receipt requested, or as the court may order.
(f) If, upon a hearing pursuant to subsection (b), (c) or (d), the hearing officer or judge
finds that visitation rights parenting time of one parent have has been unreasonably denied
or interfered with by the other parent, the hearing officer or judge may enter an order
providing for one or more of the following:
(1) A specific visitation parenting time schedule;
(2) compensating visitation parenting time for the visitation parenting time denied or
interfered with, which time shall be of the same type (e.g., holiday, weekday, weekend,
summer) as that denied or interfered with and shall be at the convenience of the parent
whose visitation parenting time was denied or interfered with;
(3) the posting of a bond, either cash or with sufficient sureties, conditioned upon com-
pliance with the order granting visitation rights parenting time;
(4) assessment of reasonable attorney fees, mediation costs and costs of the proceedings
to enforce visitation rights parenting time against the parent who unreasonably denied or
interfered with the other parent's visitation rights parenting time;
(5) attendance of one or both parents at counseling or educational sessions which focus
on the impact of visitation parenting time disputes on children;
(6) supervised visitation parenting time; or
(7) any other remedy which the hearing officer or judge considers appropriate, except
that, if a hearing officer is a district magistrate judge or court trustee, the hearing officer
shall not enter any order which grants, or modifies a previous order granting, child support,
child custody or maintenance.
(g) Decisions of district magistrate judges or court trustees appointed pursuant to this
section shall be subject to review by a district judge on the motion of any party filed within
10 days after the order was entered.
(h) In no case shall final disposition of a motion filed pursuant to this section take place
more than 45 days after the filing of such motion.
Sec. 8. K.S.A. 1998 Supp. 23-9,305 is hereby amended to read as follows: 23-9,305. (a)
When a responding tribunal of this state receives a petition or comparable pleading from
an initiating tribunal or directly pursuant to subsection (c) of K.S.A. 23-9,301 and amend-
ments thereto (proceedings under this act), it shall cause the petition or pleading to be filed
and notify the petitioner only by personal service or registered mail, return receipt requested
where and when it was filed.
(b) A responding tribunal of this state, to the extent otherwise authorized by law, may
do one or more of the following:
(1) Issue or enforce a support order, modify a child support order or render a judgment
to determine parentage;
(2) order an obligor to comply with a support order, specifying the amount and the
manner of compliance;
(3) order income withholding;
(4) determine the amount of any arrearages, and specify a method of payment;
(5) enforce orders by civil or criminal contempt, or both;
(6) set aside property for satisfaction of the support order;
(7) place liens and order execution on the obligor's property;
(8) order an obligor to keep the tribunal informed of the obligor's current residential
address, telephone number, employer, address of employment and telephone number at
the place of employment;
(9) issue a bench warrant for an obligor who has failed after proper notice to appear at
a hearing ordered by the tribunal and enter the bench warrant in any local and state com-
puter systems for criminal warrants;
(10) order the obligor to seek appropriate employment by specified methods;
(11) award reasonable attorney fees and other fees and costs; and
(12) grant any other available remedy.
(c) A responding tribunal of this state shall include in a support order issued under this
act, or in the documents accompanying the order, the calculations on which the support
order is based.
(d) A responding tribunal of this state may not condition the payment of a support order
issued under this act upon compliance by a party with provisions for visitation parenting
time.
(e) If a responding tribunal of this state issues an order under this act, the tribunal shall
send a copy of the order to the petitioner only by personal service or registered mail, return
receipt requested and the respondent and to the initiating tribunal, if any.
Sec. 9. K.S.A. 1998 Supp. 23-1001 is hereby amended to read as follows: 23-1001. Case
management under this act is the process by which a neutral case manager appointed by
the court, or by a hearing officer in a proceeding pursuant to K.S.A. 23-701, and amend-
ments thereto, or through agreement by the parties, assists the parties by providing a pro-
cedure, other than mediation, which facilitates negotiation of a plan for child custody or
visitation parenting time. In the event that the parties are unable to reach an agreement,
the case manager shall make recommendations to the court.
Sec. 10. K.S.A. 1998 Supp. 23-1002 is hereby amended to read as follows: 23-1002. (a)
The court may order case management, when appropriate, of any contested issue of child
custody or visitation parenting time at any time, upon the motion of a party or on the court's
own motion. A hearing officer in a proceeding pursuant to K.S.A. 23-701, and amendments
thereto, may order case management, if appropriate, of a contested issue of child visitation
parenting time in such a proceeding.
(b) Cases in which case management is appropriate shall include one or more of the
following circumstances:
(1) Private or public neutral dispute resolution services have been tried and failed to
resolve the disputes;
(2) other neutral services have been determined to be inappropriate for the family;
(3) repetitive conflict occurs within the family, as evidenced by the parties filing at least
two motions in a six-month period for enforcement, modification or change of visitation
parenting time or custody which are denied by the court; or
(4) a parent exhibits diminished capacity to parent.
(c) If the court or hearing officer orders case management under subsection (a), the
court or hearing officer shall appoint a case manager, taking into consideration the following:
(1) An agreement by the parties to have a specific case manager appointed by the court
or hearing officer;
(2) the financial circumstances of the parties and the costs assessed by the case manager;
(3) the case manager's knowledge of (A) the Kansas judicial system and the procedure
used in domestic relations cases, (B) other resources in the community to which parties can
be referred for assistance, (C) child development, (D) clinical issues relating to children,
(E) the effects of divorce on children and (F) the psychology of families; and
(4) the case manager's training and experience in the process and techniques of alter-
native dispute resolution and case management.
(d) To qualify as an appointed case manager, an individual shall:
(1) Be qualified to conduct mediation;
(2) have experience as a mediator;
(3) attend a workshop, approved by the district court in which the case is filed, on case
management; and
(4) participate in continuing education regarding management issues.
Sec. 11. K.S.A. 1998 Supp. 38-1121 is hereby amended to read as follows: 38-1121. (a)
The judgment or order of the court determining the existence or nonexistence of the parent
and child relationship is determinative for all purposes, but if any person necessary to de-
termine the existence of a father and child relationship for all purposes has not been joined
as a party, a determination of the paternity of the child shall have only the force and effect
of a finding of fact necessary to determine a duty of support.
(b) If the judgment or order of the court is at variance with the child's birth certificate,
the court shall order that a new birth certificate be issued, but only if any man named as
the father on the birth certificate is a party to the action.
(c) Upon adjudging that a party is the parent of a minor child, the court shall make
provision for support and education of the child including the necessary medical expenses
incident to the birth of the child. The court may order the support and education expenses
to be paid by either or both parents for the minor child. When the child reaches 18 years
of age, the support shall terminate unless: (1) The parent or parents agree, by written
agreement approved by the court, to pay support beyond that time; (2) the child reaches
18 years of age before completing the child's high school education in which case the support
shall not automatically terminate, unless otherwise ordered by the court, until June 30 of
the school year during which the child became 18 years of age if the child is still attending
high school; or (3) the child is still a bona fide high school student after June 30 of the
school year during which the child became 18 years of age, in which case the court, on
motion, may order support to continue through the school year during which the child
becomes 19 years of age so long as the child is a bona fide high school student and the
parents jointly participated or knowingly acquiesced in the decision which delayed the child's
completion of high school. The court, in extending support pursuant to subsection (c)(3),
may impose such conditions as are appropriate and shall set the child support utilizing the
guideline table category for 16-year through 18-year old children. Provision for payment of
support and educational expenses of a child after reaching 18 years of age if still attending
high school shall apply to any child subject to the jurisdiction of the court, including those
whose support was ordered prior to July 1, 1992. If an agreement approved by the court
prior to July 1, 1988, provides for termination of support before the date provided by
subsection (c)(2), the court may review and modify such agreement, and any order based
on such agreement, to extend the date for termination of support to the date provided by
subsection (c)(2). If an agreement approved by the court prior to July 1, 1992, provides for
termination of support before the date provided by subsection (c)(3), the court may review
and modify such agreement, and any order based on such agreement, to extend the date
for termination of support to the date provided by subsection (c)(3). For purposes of this
section, ''bona fide high school student`` means a student who is enrolled in full accordance
with the policy of the accredited high school in which the student is pursuing a high school
diploma or a graduate equivalency diploma (GED). The judgment shall specify the terms
of payment and shall require payment to be made through the clerk of the district court or
the court trustee except for good cause shown. The judgment may require the party to
provide a bond with sureties to secure payment. The court may at any time during the
minority of the child modify or change the order of support, including any order issued in
a title IV-D case, within three years of the date of the original order or a modification order,
as required by the best interest of the child. If more than three years has passed since the
date of the original order or modification order, a requirement that such order is in the best
interest of the child need not be shown. The court may make a modification of support
retroactive to a date at least one month after the date that the motion to modify was filed
with the court. Any increase in support ordered effective prior to the date the court's judg-
ment is filed shall not become a lien on real property pursuant to K.S.A. 60-2202, and
amendments thereto.
(d) If both parents are parties to the action, the court shall enter such orders regarding
custody and visitation parenting time as the court considers to be in the best interest of the
child.
(e) In entering an original order for support of a child under this section, the court may
award an additional judgment to reimburse the expenses of support and education of the
child from the date of birth to the date the order is entered. If the determination of paternity
is based upon a presumption arising under K.S.A. 38-1114 and amendments thereto, the
court shall award an additional judgment to reimburse all or part of the expenses of support
and education of the child from at least the date the presumption first arose to the date the
order is entered, except that no additional judgment need be awarded for amounts accrued
under a previous order for the child's support.
(f) In determining the amount to be paid by a parent for support of the child and the
period during which the duty of support is owed, a court enforcing the obligation of support
shall consider all relevant facts including, but not limited to, the following:
(1) The needs of the child.
(2) The standards of living and circumstances of the parents.
(3) The relative financial means of the parents.
(4) The earning ability of the parents.
(5) The need and capacity of the child for education.
(6) The age of the child.
(7) The financial resources and the earning ability of the child.
(8) The responsibility of the parents for the support of others.
(9) The value of services contributed by the custodial parent.
(g) The provisions of K.S.A. 23-4,107, and amendments thereto, shall apply to all orders
of support issued under this section.
(h) An order granting visitation rights parenting time pursuant to this section may be
enforced in accordance with K.S.A. 23-701, and amendments thereto.
Sec. 12. K.S.A. 1998 Supp. 38-1138 is hereby amended to read as follows: 38-1138. (a)
The state registrar of vital statistics, in conjunction with the secretary of social and rehabil-
itation services, shall review and, as needed, revise acknowledgment of paternity forms for
use under K.S.A. 38-1130 and 65-2409a, and amendments thereto. The acknowledgment
of paternity forms shall include or have attached a written description pursuant to subsection
(b) of the rights and responsibilities of acknowledging paternity.
(b) A written description of the rights and responsibilities of acknowledging paternity
shall state the following:
(1) An acknowledgment of paternity creates a permanent father and child relationship
which can only be ended by court order. A person who wants to revoke the acknowledgment
of paternity must file the request with the court before the child is one year old, unless the
person was under age 18 when the acknowledgment of paternity was signed. A person under
age 18 when the acknowledgment was signed has until one year after his or her 18th birthday
to file a request, but if the child is more than one year old then, the judge will first consider
the child's best interests.
The person will have to show that the acknowledgment was based on fraud, duress (threat)
or an important mistake of fact, unless the request is filed within 60 days of signing the
acknowledgment or before any court hearing about the child, whichever is earlier;
(2) both the father and the mother are responsible for the care and support of the child.
If necessary, this duty may be enforced through legal action such as a child support order,
an order to pay birth or other medical expenses of the child or an order to repay government
assistance payments for the child's care. A parent's willful failure to support the parent's
child is a crime;
(3) both the father and the mother have rights of custody and visitation parenting time
with the child unless a court order changes their rights. If necessary, custody and visitation
rights parenting time may be spelled out in a court order and enforced;
(4) both the father and the mother have the right to consent to medical treatment for
the child unless a court order changes those rights;
(5) the child may inherit from the father and the father's family or from the mother
and the mother's family. The child may receive public benefits, including, but not limited
to, social security or private benefits, including, but not limited to, insurance or workers
compensation because of the father-child or mother-child relationship;
(6) the father or the mother may be entitled to claim the child as a dependent for tax
or other purposes. The father or the mother may inherit from the child or the child's
descendants; and
(7) each parent has the right to sign or not sign an acknowledgment of paternity. Each
parent has the right to talk with an attorney before signing an acknowledgment of paternity.
Each parent has the right to be represented by an attorney in any legal action involving
paternity or their rights or duties as a parent. Usually each person is responsible for hiring
the person's own attorney.
(c) Any duty to disclose rights or responsibilities related to signing an acknowledgment
of paternity shall have been met by furnishing the written disclosures of subsection (b). Any
duty to disclose orally the rights or responsibilities related to signing an acknowledgment of
paternity may be met by means of an audio recording of the disclosures of subsection (b).
(d) An acknowledgment of paternity completed without the written disclosures of sub-
section (b) is not invalid solely for that reason and may create a presumption of paternity
pursuant to K.S.A. 38-1114 and amendments thereto. Nothing in K.S.A. 1997 Supp. 38-
1136 through 38-1138 and amendments thereto shall decrease the validity, force or effect
of an acknowledgment of paternity executed in this state prior to the effective date of this
act.
(e) Upon request, the state registrar of vital statistics shall provide a certified copy of
the acknowledgment of paternity to an office providing IV-D program services.
Sec. 13. K.S.A. 38-1302 is hereby amended to read as follows: 38-1302. As used in the
uniform child custody jurisdiction act:
(a) ``Contestant'' means a person, including a parent, who claims a right to custody or
visitation rights parenting time with respect to a child.
(b) ``Custody determination'' means a court decision and court orders and instructions
providing for the custody of a child, including visitation rights parenting time; it does not
include a decision relating to child support or any other monetary obligation of any person.
(c) ``Custody proceeding'' includes proceedings in which a custody determination is one
of several issues, such as an action for divorce or separation, and includes proceedings under
the Kansas code for care of children.
(d) ``Decree'' or ``custody decree'' means a custody determination contained in a judicial
decree or order made in a custody proceeding, and includes an initial decree and a modi-
fication decree.
(e) ``Home state'' means the state in which the child immediately preceding the time
involved lived with the child's parents, a parent, or a person acting as parent, for at least six
consecutive months, and in the case of a child less than six months old the state in which
the child lived from birth with any of the persons mentioned. Periods of temporary absence
of any of the named persons are counted as part of the six-month or other period.
(f) ``Initial decree'' means the first custody decree concerning a particular child.
(g) ``Modification decree'' means a custody decree which modifies or replaces a prior
decree, whether made by the court which rendered the prior decree or by another court.
(h) ``Physical custody'' means actual possession and control of a child.
(i) ``Person acting as parent'' means a person, other than a parent, who has physical
custody of a child and who has either been awarded custody by a court or claims a right to
custody.
(j) ``State'' means any state, territory, or possession of the United States, the Common-
wealth of Puerto Rico, and the District of Columbia.
Sec. 14. K.S.A. 38-1309 is hereby amended to read as follows: 38-1309. (a) Every party
in a custody proceeding in the party's first pleading or in an affidavit attached to that pleading
shall give information under oath as to the child's present address, the places where the
child has lived within the last five years, and the names and present addresses of the persons
with whom the child has lived during that period. In this pleading or affidavit every party
shall further declare under oath whether:
(1) The party has participated (as a party, witness, or in any other capacity) in any other
litigation concerning the custody of the same child in this or any other state;
(2) the party has information of any custody proceeding concerning the child pending
in a court of this or any other state; and
(3) the party knows of any person not a party to the proceedings who has physical
custody of the child or claims to have custody or visitation rights parenting time with respect
to the child.
(b) If the declaration as to any of the above items is in the affirmative the declarant
shall give additional information under oath as required by the court. The court may examine
the parties under oath as to details of the information furnished and as to other matters
pertinent to the court's jurisdiction and the disposition of the case.
(c) Each party has a continuing duty to inform the court of any custody proceeding
concerning the child in this or any other state of which the party obtained information during
this proceeding.
(d) Any party who submits information pursuant to this section knowing the same to be
false shall, upon conviction, be deemed guilty of a class C nonperson misdemeanor.
Sec. 15. K.S.A. 38-1310 is hereby amended to read as follows: 38-1310. If the court
learns from information furnished by the parties pursuant to K.S.A. 38-1309 and amend-
ments thereto or from other sources that a person not a party to the custody proceeding has
physical custody of the child or claims to have custody or visitation rights parenting time
with respect to the child, it shall order that person to be joined as a party and to be duly
notified of the pendency of the proceeding and of such person's joinder as a party. If the
person joined as a party is outside this state the person shall be served with process or
otherwise notified in accordance with K.S.A. 38-1305 and amendments thereto.
Sec. 16. K.S.A. 1998 Supp. 38-1563 is hereby amended to read as follows: 38-1563. (a)
After consideration of any evidence offered relating to disposition, the court may retain
jurisdiction and place the child in the custody of the child's parent subject to terms and
conditions which the court prescribes to assure the proper care and protection of the child,
including supervision of the child and the parent by a court services officer, or may order
the child and the parent to participate in programs operated by the secretary or another
appropriate individual or agency. The terms and conditions may require any special treat-
ment or care which the child needs for the child's physical, mental or emotional health.
(b) The duration of any period of supervision or other terms or conditions shall be for
an initial period of no more than 18 months. The court, at the expiration of that period,
upon a hearing and for good cause shown, may make successive extensions of the supervision
or other terms or conditions for up to 12 months at a time.
(c) The court may order the child and the parents of any child who has been adjudged
a child in need of care to attend counseling sessions as the court directs. The expense of
the counseling may be assessed as an expense in the case. No mental health center shall
charge a greater fee for court-ordered counseling than the center would have charged to
the person receiving counseling if the person had requested counseling on the person's own
initiative.
(d) If the court finds that placing the child in the custody of a parent will not assure
protection from physical, mental or emotional abuse or neglect or sexual abuse or will not
be in the best interests of the child, the court shall enter an order awarding custody of the
child, until the further order of the court, to one of the following:
(1) A relative of the child or a person with whom the child has close emotional ties;
(2) any other suitable person;
(3) a shelter facility; or
(4) the secretary.
In making such a custody order, the court shall give preference, to the extent that the
court finds it is in the best interests of the child, first to granting custody to a relative of the
child and second to granting custody of the child to a person with whom the child has close
emotional ties. If the court has awarded legal custody based on the finding specified by this
subsection, the legal custodian shall not return the child to the home of that parent without
the written consent of the court.
(e) When the custody of the child is awarded to the secretary:
(1) The court may recommend to the secretary where the child should be placed.
(2) The secretary shall notify the court in writing of any placement of the child or, within
10 days of the order awarding the custody of the child to the secretary, any proposed
placement of the child, whichever occurs first.
(3) The court may determine if such placement is in the best interests of the child, and
if the court determines that such placement is not in the best interests of the child, the
court shall notify the secretary who shall then make an alternative placement subject to the
procedures established in this paragraph. In determining if such placement is in the best
interests of the child, the court, after providing the parties with an opportunity to be heard,
shall consider the health and safety needs of the child and the resources available to meet
the needs of children in the custody of the secretary.
(f) If custody of a child is awarded under this section to a person other than the child's
parent, the court may grant any individual reasonable rights to visit parenting time or visi-
tation with the child upon motion of the individual and a finding that the parenting time or
visitation rights would be in the best interests of the child.
(g) If the court issues an order of custody pursuant to this section, the court may enter
an order restraining any alleged perpetrator of physical, sexual, mental or emotional abuse
of the child from residing in the child's home; visiting, contacting, harassing or intimidating
the child; or attempting to visit, contact, harass or intimidate the child.
(h) The court shall not enter an order removing a child from the custody of a parent
pursuant to this section unless the court first finds from evidence presented by the petitioner
that reasonable efforts have been made to prevent or eliminate the need for removal of the
child; reintegration is not a viable alternative; or that an emergency exists which threatens
the safety of the child and requires the immediate removal of the child. Reintegration may
not be a viable alternative when the: (1) Parent has been found by a court to have committed
murder in the first degree, K.S.A. 21-3401 and amendments thereto, murder in the second
degree, K.S.A. 21-3402 and amendments thereto, capital murder, K.S.A. 21-3439 and
amendments thereto, voluntary manslaughter, K.S.A. 21-3403 and amendments thereto or
violated a law of another state which prohibits such murder or manslaughter of a child; (2)
parent aided or abetted, attempted, conspired or solicited to commit such murder or vol-
untary manslaughter of a child as provided in subsection (h)(1); (3) parent committed a
felony battery that resulted in bodily injury to the child or another child; (4) parent has
subjected the child or another child to aggravated circumstances as defined in subsection
(x) of K.S.A. 38-1502, and amendments thereto; (5) parental rights of the parent to another
child have been terminated involuntarily or (6) the child has been in extended out of home
placement as defined in subsection (z) of K.S.A. 38-1502 and amendments thereto. Such
findings shall be included in any order entered by the court.
(i) In addition to or in lieu of any other order authorized by this section, if a child is
adjudged to be a child in need of care by reason of a violation of the uniform controlled
substances act (K.S.A. 65-4101 et seq. and amendments thereto) or K.S.A. 41-719, 41-804,
41-2719, 65-4152, 65-4153, 65-4154 or 65-4155, and amendments thereto, the court shall
order the child to submit to and complete an alcohol and drug evaluation by a community-
based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008 and
amendments thereto and to pay a fee not to exceed the fee established by that statute for
such evaluation. If the court finds that the child and those legally liable for the child's support
are indigent, the fee may be waived. In no event shall the fee be assessed against the
secretary or the department of social and rehabilitation services.
(j) In addition to any other order authorized by this section, if child support has been
requested and the parent or parents have a duty to support the child, the court may order
one or both parents to pay child support and, when custody is awarded to the secretary, the
court shall order one or both parents to pay child support. The court shall determine, for
each parent separately, whether the parent is already subject to an order to pay support for
the child. If the parent is not presently ordered to pay support for any child who is a ward
of the court and the court has personal jurisdiction over the parent, the court shall order
the parent to pay child support in an amount determined under K.S.A. 38-1595 and amend-
ments thereto. Except for good cause shown, the court shall issue an immediate income
withholding order pursuant to K.S.A. 23-4,105 et seq. and amendments thereto for each
parent ordered to pay support under this subsection, regardless of whether a payor has been
identified for the parent. A parent ordered to pay child support under this subsection shall
be notified, at the hearing or otherwise, that the child support order may be registered
pursuant to K.S.A. 38-1597 and amendments thereto. The parent shall also be informed
that, after registration, the income withholding order may be served on the parent's em-
ployer without further notice to the parent and the child support order may be enforced by
any method allowed by law. Failure to provide this notice shall not affect the validity of the
child support order.
Sec. 17. K.S.A. 1998 Supp. 38-1569 is hereby amended to read as follows: 38-1569.
The report made by foster parents and provided by the department of social and rehabili-
tation services, pursuant to K.S.A. 38-1565, and amendments thereto, shall be in substan-
tially the following form:
REPORT FROM FOSTER PARENTS
CONFIDENTIAL
|
|
| Child's Name | Current Address |
|
|
| Parent's Name | Foster Parents |
Primary Social Worker |
Please circle the word which best describes the child's progress
1. Child's adjustment in the home
excellent good satisfactory needs improvement
2. Child's interaction with foster parents and family members
excellent good satisfactory needs improvement
3. Child's interaction with others
excellent good satisfactory needs improvement
4. Child's respect for property
excellent good satisfactory needs improvement
5. Physical and emotional condition of the child
excellent good satisfactory needs improvement
6. Social worker's interaction with the child and foster family
excellent good satisfactory needs improvement
7. School status of child:
| Grades | Good
| Fair
| Poor
|
| Attendance | Good
| Fair
| Poor
|
| Behavior | Good
| Fair
| Poor
|
8. If visitation parenting time with parents has occurred, describe the frequency of visits,
with whom, supervised or unsupervised, and any significant events which have occurred.
9. Your opinion regarding the overall adjustment, progress and condition of the child:
10. Do you have any special concerns or comments with regard to the child not addressed
by this form? Please specify.
Sec. 18. K.S.A. 1998 Supp. 38-1583 is hereby amended to read as follows: 38-1583. (a)
When the child has been adjudicated to be a child in need of care, the court may terminate
parental rights when the court finds by clear and convincing evidence that the parent is
unfit by reason of conduct or condition which renders the parent unable to care properly
for a child and the conduct or condition is unlikely to change in the foreseeable future.
(b) In making a determination hereunder the court shall consider, but is not limited to,
the following, if applicable:
(1) Emotional illness, mental illness, mental deficiency or physical disability of the par-
ent, of such duration or nature as to render the parent unlikely to care for the ongoing
physical, mental and emotional needs of the child;
(2) conduct toward a child of a physically, emotionally or sexually cruel or abusive na-
ture;
(3) excessive use of intoxicating liquors or narcotic or dangerous drugs;
(4) physical, mental or emotional neglect of the child;
(5) conviction of a felony and imprisonment;
(6) unexplained injury or death of another child or stepchild of the parent;
(7) reasonable efforts by appropriate public or private child caring agencies have been
unable to rehabilitate the family; and
(8) lack of effort on the part of the parent to adjust the parent's circumstances, conduct
or conditions to meet the needs of the child.
(c) In addition to the foregoing, when a child is not in the physical custody of a parent,
the court, in proceedings concerning the termination of parental rights, shall also consider,
but is not limited to the following:
(1) Failure to assure care of the child in the parental home when able to do so;
(2) failure to maintain regular visitation parenting time, contact or communication with
the child or with the custodian of the child;
(3) failure to carry out a reasonable plan approved by the court directed toward the
integration of the child into the parental home; and
(4) failure to pay a reasonable portion of the cost of substitute physical care and main-
tenance based on ability to pay.
In making the above determination, the court may disregard incidental visitations, con-
tacts, communications or contributions.
(d) The rights of the parents may be terminated as provided in this section if the court
finds that the parents have abandoned the child or the child was left under such circum-
stances that the identity of the parents is unknown and cannot be ascertained, despite
diligent searching, and the parents have not come forward to claim the child within three
months after the child is found.
(e) The existence of any one of the above standing alone may, but does not necessarily,
establish grounds for termination of parental rights. The determination shall be based on
an evaluation of all factors which are applicable. In considering any of the above factors for
terminating the rights of a parent, the court shall give primary consideration to the physical,
mental or emotional condition and needs of the child. If presented to the court and subject
to the provisions of K.S.A. 60-419, and amendments thereto, the court shall consider as
evidence testimony from a person licensed to practice medicine and surgery, a licensed
psychologist or a licensed social worker expressing an opinion relating to the physical, mental
or emotional condition and needs of the child. The court shall consider any such testimony
only if the licensed professional providing such testimony is subject to cross-examination.
(f) A termination of parental rights under the Kansas code for care of children shall not
terminate the right of the child to inherit from or through the parent. Upon such termi-
nation, all the rights of birth parents to such child, including their right to inherit from or
through such child, shall cease.
(g) If, after finding the parent unfit, the court determines a compelling reason why it is
not in the best interests of the child to terminate parental rights, the court may award
permanent guardianship to an individual providing care for the child, a relative or other
person with whom the child has a close emotional attachment. Prior to awarding permanent
guardianship, the court shall receive and consider an assessment as provided in K.S.A. 59-
2132 and amendments thereto of any potential permanent guardian.
(h) If a parent is convicted of an offense as provided in subsection (7) of K.S.A. 38-1585
and amendments thereto or is adjudicated a juvenile offender because of an act which if
committed by an adult would be an offense as provided in subsection (7) of K.S.A. 38-1585
and amendments thereto, and if the victim was the other parent of a child, the court may
disregard such convicted or adjudicated parent's opinions or wishes in regard to the place-
ment of such child.
Sec. 19. K.S.A. 38-1597 is hereby amended to read as follows: 38-1597. (a) A party
entitled to receive child support under an order issued pursuant to the Kansas code for care
of children may file with the clerk of the district court in the county in which the judgment
was rendered the original child support order and the original income withholding order, if
any. If the original child support or income withholding order is unavailable for any reason,
a certified or authenticated copy of the order may be substituted. The clerk of the district
court shall number the child support order as a case filed under chapter 60 of the Kansas
Statutes Annotated and enter the numbering of the case on the appearance docket of the
case. Registration of a child support order under this section shall be without cost or docket
fee.
(b) If the number assigned to a case under the Kansas code for care of children appears
in the caption of a document filed pursuant to this section, the clerk of the district court
may obliterate that number and replace it with the new case number assigned pursuant to
this section.
(c) The filing of the child support order shall constitute registration under this section.
Upon registration of the child support order, all matters related to that order, including but
not limited to modification of the order, shall proceed under the new case number. Regis-
tration of a child support order under this section does not confer jurisdiction in the reg-
istration case for custody or visitation parenting time issues.
(d) The party registering a child support order shall serve a copy of the registered child
support order and income withholding order, if any, upon the interested parties by first-
class mail. The party registering the child support order shall file, in the privileged official
file for each child affected, either a copy of the registered order showing the new case
number or a statement that includes the caption, new case number and date of registration
of the child support order.
(e) If the secretary of social and rehabilitation services is entitled to receive payment
under an order which may be registered under this section, the county or district attorney
shall take the actions permitted or required in subsections (a) and (d) on behalf of the
secretary, unless otherwise requested by the secretary.
(f) A child support order registered pursuant to this section shall have the same force
and effect as an original child support order entered under chapter 60 of the Kansas Statutes
Annotated including, but not limited to:
(1) The registered order shall become a lien on the real estate of the judgment debtor
in the county from the date of registration;
(2) execution or other action to enforce the registered order may be had from the date
of registration;
(3) the registered order may itself be registered pursuant to any law, including but not
limited to the revised uniform reciprocal enforcement of support act (1968);
(4) if any installment of support due under the registered order becomes a dormant
judgment, it may be revived pursuant to K.S.A. 60-2404 and amendments thereto; and
(5) the court shall have continuing jurisdiction over the parties and subject matter and,
except as otherwise provided in subsection (g), may modify any prior support order when a
material change in circumstances is shown irrespective of the present domicile of the child
or parents. The court may make a modification of child support retroactive to a date at least
one month after the date that the motion to modify was filed with the court.
(g) If a motion to modify the child support order is filed within three months after the
date of registration pursuant to this section; if no motion to modify the order has previously
been heard and if the moving party shows that the support order was based upon one or
more of the presumptions provided in K.S.A. 38-1595 and amendments thereto or upon a
stipulation pursuant to subsection (c) of K.S.A. 38-1595 and amendments thereto, the court
shall apply the Kansas child support guidelines adopted pursuant to K.S.A. 20-165 and
amendments thereto without requiring any party to show that a material change of circum-
stances has occurred, without regard to any previous presumption or stipulation used to
determine the amount of the child support order, and irrespective of the present domicile
of the child or parents. Nothing in this subsection shall prevent or limit enforcement of the
support order during the three months after the date of registration.
Sec. 20. K.S.A. 1998 Supp. 38-1664 is hereby amended to read as follows: 38-1664. (a)
Prior to placing a juvenile offender in the custody of the commissioner and recommending
out-of-home placement, the court shall consider and determine that, where consistent with
the need for protection of the community:
(1) Reasonable efforts have been made to prevent or eliminate the need for out-of-
home placement or reasonable efforts are not possible due to an emergency threatening the
safety of the juvenile offender or the community; and
(2) out-of-home placement is in the best interests of the juvenile offender.
(b) When a juvenile offender has been placed in the custody of the commissioner, the
commissioner shall notify the court in writing of the initial placement of the juvenile offender
as soon as the placement has been accomplished. The court shall have no power to direct
a specific placement by the commissioner, but may make recommendations to the com-
missioner. The commissioner may place the juvenile offender in an institution operated by
the commissioner, a youth residential facility or a community mental health center. If the
court has recommended an out-of-home placement, the commissioner may not return the
juvenile offender to the home from which removed without first notifying the court of the
plan.
(c) During the time a juvenile offender remains in the custody of the commissioner,
the commissioner shall report to the court at least each six months as to the current living
arrangement and social and mental development of the juvenile offender. If the juvenile
offender is placed outside the juvenile offender's home, a hearing shall be held not more
than 18 months after the juvenile offender is placed outside the juvenile offender's home
and every 12 months thereafter. If the juvenile offender is placed in foster care, the foster
parent or parents shall submit to the court, at least every six months, a report in regard to
the juvenile offender's adjustment, progress and condition. The juvenile justice authority
shall notify the foster parent or parents of the foster parents' or parent's duty to submit such
report, on a form provided by the juvenile justice authority, at least two weeks prior to the
date when the report is due, and the name of the judge and the address of the court to
which the report is to be submitted. Such report shall be confidential and shall only be
reviewed by the court and the child's attorney.
(d) The report made by foster parents and provided by the commissioner of juvenile
justice, pursuant to this section, shall be in substantially the following form:
REPORT FROM FOSTER PARENTS
CONFIDENTIAL
|
|
| Child's Name | Current Address |
|
|
| Parent's Name | Foster Parents |
Primary Social Worker |
Please circle the word which best describes the child's progress
1. Child's adjustment in the home
excellent good satisfactory needs improvement
2. Child's interaction with foster parents and family members
excellent good satisfactory needs improvement
3. Child's interaction with others
excellent good satisfactory needs improvement
4. Child's respect for property
excellent good satisfactory needs improvement
5. Physical and emotional condition of the child
excellent good satisfactory needs improvement
6. Social worker's interaction with the child and foster family
excellent good satisfactory needs improvement
7. School status of child:
| Grades | Good
| Fair
| Poor
|
| Attendance | Good
| Fair
| Poor
|
| Behavior | Good
| Fair
| Poor
|
8. If visitation parenting time with parents has occurred, describe the frequency of visits,
with whom, supervised or unsupervised, and any significant events which have occurred.
9. Your opinion regarding the overall adjustment, progress and condition of the child:
10. Do you have any special concerns or comments with regard to the child not addressed
by this form? Please specify.
Sec. 21. K.S.A. 1998 Supp. 38-16,119 is hereby amended to read as follows: 38-16,119.
(a) A party entitled to receive child support under an order issued pursuant to the Kansas
juvenile justice code may file with the clerk of the district court in the county in which the
judgment was rendered the original child support order and the original income withholding
order, if any. If the original child support or income withholding order is unavailable for
any reason, a certified or authenticated copy of the order may be substituted. The clerk of
the district court shall number the child support order as a case filed under chapter 60 of
the Kansas Statutes Annotated and enter the numbering of the case on the appearance
docket of the case. Registration of a child support order under this section shall be without
cost or docket fee.
(b) If the number assigned to a case under the Kansas juvenile justice code appears in
the caption of a document filed pursuant to this section, the clerk of the district court may
obliterate that number and replace it with the new case number assigned pursuant to this
section.
(c) The filing of the child support order shall constitute registration under this section.
Upon registration of the child support order, all matters related to that order, including but
not limited to modification of the order, shall proceed under the new case number. Regis-
tration of a child support order under this section does not confer jurisdiction in the reg-
istration case for custody or visitation parenting time issues.
(d) The party registering a child support order shall serve a copy of the registered child
support order and income withholding order, if any, upon the interested parties by first-
class mail. The party registering the child support order shall file, in the official file for each
child affected, either a copy of the registered order showing the new case number or a
statement that includes the caption, new case number and date of registration of the child
support order.
(e) If the commissioner of juvenile justice is entitled to receive payment under an order
which may be registered under this section, the county or district attorney shall take the
actions permitted or required in subsections (a) and (d) on behalf of the commissioner,
unless otherwise requested by the commissioner.
(f) A child support order registered pursuant to this section shall have the same force
and effect as an original child support order entered under chapter 60 of the Kansas Statutes
Annotated including, but not limited to:
(1) The registered order shall become a lien on the real estate of the judgment debtor
in the county from the date of registration;
(2) execution or other action to enforce the registered order may be had from the date
of registration;
(3) the registered order may itself be registered pursuant to any law, including but not
limited to the revised uniform reciprocal enforcement of support act (1968);
(4) if any installment of support due under the registered order becomes a dormant
judgment, it may be revived pursuant to K.S.A. 60-2404 and amendments thereto; and
(5) the court shall have continuing jurisdiction over the parties and subject matter and,
except as otherwise provided in subsection (g), may modify any prior support order when a
material change in circumstances is shown irrespective of the present domicile of the child
or parents. The court may make a modification of child support retroactive to a date at least
one month after the date that the motion to modify was filed with the court.
(g) If a motion to modify the child support order is filed within three months after the
date of registration pursuant to this section; if no motion to modify the order has previously
been heard and if the moving party shows that the support order was based upon one or
more of the presumptions provided in K.S.A. 38-16,117, and amendments thereto, or upon
a stipulation pursuant to subsection (c) of K.S.A. 38-16,117, and amendments thereto, the
court shall apply the Kansas child support guidelines adopted pursuant to K.S.A. 20-165
and amendments thereto without requiring any party to show that a material change of
circumstances has occurred, without regard to any previous presumption or stipulation used
to determine the amount of the child support order, and irrespective of the present domicile
of the child or parents. Nothing in this subsection shall prevent or limit enforcement of the
support order during the three months after the date of registration.'';
Also on page 1, in line 15, by striking ``Section'' and inserting ``Sec.'';
And by renumbering sections accordingly;
On page 6, in line 5, by striking ``visitation'' and inserting ``parenting time''; in line 13, by
striking ``visitation'' and inserting ``parenting time'';
On page 9, in line 25, by striking ``visitation'' and inserting ``parenting time''; in line 27,
by striking ``visitation'' and inserting ``parenting time''; in line 36, by striking ``visitation'' and
inserting ``parenting time'';
On page 10, in line 25, by striking ``visitation rights'' and and inserting ``parenting time'';
in line 26, by striking ``visitation'' and inserting ``parenting time''; in line 30, after ``denying''
by inserting ``parenting time or''; in line 33, by striking ``visitation rights'' and inserting
``parenting time''; in line 37, by striking ``visitation rights'' and inserting ``parenting time'';
in line 43, by striking ``visitation'' and inserting ``parenting time''; also in line 43, by striking
``vis-'';
On page 11, in line 1, by striking ``itation'' and inserting ``parenting time''; also in line 1,
by striking ``visitation'' and inserting ``parenting time''; in line 2, by striking ``visitation'' and
inserting ``parenting time''; in line 4, by striking ``vis-''; in line 5, by striking ``itation'' and
inserting ``parenting time''; also in line 5, by striking ``vis-''; in line 6, by striking ``itation or
visitation'' and inserting ``parenting time or parenting time''; also in line 6, by striking ``vis-
itation'' the second time it appears and inserting ``parenting time''; in line 8, by striking
``visitation rights'' and inserting ``parenting time''; in line 18, by striking ``visitation'' and
inserting ``parenting time'';
On page 12, after line 10, by inserting;
``Sec. 30. K.S.A. 1998 Supp. 60-1621 is hereby amended to read as follows: 60-1621.
(a) No postdivorce motion petitioning for a change in child custody, a modification of child
support or a change in visitation parenting time shall be filed or docketed in the district
court without payment of a docket fee in the amount of $20 to the clerk of the district court.
(b) A poverty affidavit may be filed in lieu of a docket fee as established in K.S.A. 60-
2001, and amendments thereto.
(c) The docket fee shall be the only costs assessed in each case for services of the clerk
of the district court and the sheriff. The docket fee shall be disbursed in accordance with
subsection (f) of K.S.A. 20-362, and amendments thereto.
Sec. 31. K.S.A. 1998 Supp. 60-3107 is hereby amended to read as follows: 60-3107. (a)
The court shall be empowered to approve any consent agreement to bring about a cessation
of abuse of the plaintiff or minor children or grant any of the following orders:
(1) Restraining the parties from abusing, molesting or interfering with the privacy or
rights of each other or of any minor children of the parties. Such order shall contain a
statement that if such order is violated, such violation may constitute assault as provided in
K.S.A. 21-3408, and amendments thereto, battery as provided in K.S.A. 21-3412, and
amendments thereto, and violation of a protective order as provided in K.S.A. 1998 Supp.
21-3843, and amendments thereto.
(2) Granting possession of the residence or household to a party to the exclusion of the
other party, and further restraining the party not granted possession from entering or re-
maining upon or in such residence or household, subject to the limitation of subsection (c).
Such order shall contain a statement that if such order is violated, such violation shall
constitute criminal trespass as provided in subsection (c) of K.S.A. 21-3721, and amend-
ments thereto, and violation of a protective order as provided in K.S.A. 1998 Supp. 21-3843,
and amendments thereto. The court may grant an order, which shall expire 60 days following
the date of issuance, restraining the party not granted possession from cancelling utility
service to the residence or household.
(3) Requiring a party to provide suitable, alternate housing for such party's spouse and
any minor children of the parties.
(4) Awarding temporary custody and residency and establishing temporary visitation
rights parenting time with regard to minor children.
(5) Ordering a law enforcement officer to evict a party from the residence or household.
(6) Ordering support payments by a party for the support of a party's minor child or a
party's spouse. Such support orders shall remain in effect until modified or dismissed by
the court or until expiration and shall be for a fixed period of time not to exceed one year.
On the motion of the plaintiff, the court may extend the effect of such order for 12 months.
(7) Awarding costs and attorney fees to either party.
(8) Making provision for the possession of personal property of the parties and ordering
a law enforcement officer to assist in securing possession of that property, if necessary.
(9) Requiring the person against whom the order is issued to seek counseling to aid in
the cessation of abuse.
(b) Any order entered under the protection from abuse act shall not be subject to
modification on ex parte application or on motion for temporary orders in any action filed
pursuant to K.S.A. 60-1601 et seq. and amendments thereto. Orders previously issued in an
action filed pursuant to K.S.A. 60-1601 et seq. and amendments thereto, shall be subject to
modification under the protection from abuse act only as to those matters subject to mod-
ification by the terms of K.S.A. 60-1610 et seq. and amendments thereto, and on sworn
testimony to support a showing of good cause. Immediate and present danger of abuse to
the plaintiff or minor children shall constitute good cause. If an action is filed pursuant to
K.S.A. 60-1610 et seq. and amendments thereto, during the pendency of a proceeding filed
under the protection from abuse act or while an order issued under the protection from
abuse act is in effect, the court, on final hearing or on agreement of the parties, may issue
final orders authorized by K.S.A. 60-1610 and amendments thereto, that are inconsistent
with orders entered under the protection from abuse act. Any inconsistent order entered
pursuant to this subsection shall be specific in its terms, reference the protection from abuse
order and parts thereof being modified and a copy thereof shall be filed in both actions.
The court shall consider whether the actions should be consolidated in accordance with
K.S.A. 60-242 and amendments thereto.
(c) If the parties to an action under the protection from abuse act are not married to
each other and one party owns the residence or household, the court shall not have the
authority to grant possession of the residence or household under subsection (a)(2) to the
exclusion of the party who owns it.
(d) Subject to the provisions of subsections (b) and (c), a protective order or approved
consent agreement shall remain in effect until modified or dismissed by the court and shall
be for a fixed period of time not to exceed one year, except that, on motion of the plaintiff,
such period may be extended for one additional year.
(e) The court may amend its order or agreement at any time upon motion filed by either
party.
(f) No order or agreement under the protection from abuse act shall in any manner
affect title to any real property.
(g) If a person enters or remains on premises or property violating an order issued
pursuant to subsection (a)(2), such violation shall constitute criminal trespass as provided
in subsection (c) of K.S.A. 21-3721, and amendments thereto, and violation of a protective
order as provided in K.S.A. 1998 Supp. 21-3843, and amendments thereto. If a person
abuses, molests or interferes with the privacy or rights of another violating an order issued
pursuant to subsection (a)(1), such violation may constitute assault as provided in K.S.A. 21-
3408, and amendments thereto, battery as provided in K.S.A. 21-3412, and amendments
thereto, and violation of a protective order as provided in K.S.A. 1998 Supp. 21-3843, and
amendments thereto.
Sec. 32. K.S.A. 1998 Supp. 74-7334 is hereby amended to read as follows: 74-7334. (a)
There is hereby created in the state treasury the crime victims assistance fund. All moneys
credited to the fund pursuant to K.S.A. 12-4117, 19-101e, 19-4707 and 20-367, and amend-
ments thereto, shall be used solely for the purpose of making grants for on-going operating
expenses of programs, including court-appointed special advocate programs, providing: (1)
Temporary emergency shelter for victims of child abuse and neglect; (2) counseling and
assistance to those victims; or (3) educational services directed at reducing the incidence of
child abuse and neglect and diminishing its impact on the victim. The remainder of moneys
credited to the fund shall be used for the purpose of supporting the operation of state agency
programs which provide services to the victims of crime and making grants to existing
programs or to establish and maintain new programs providing services to the victims of
crime.
(b) All expenditures from the crime victims assistance fund shall be made in accordance
with appropriations acts upon warrants of the director of accounts and reports issued pur-
suant to vouchers approved by the attorney general or by a person or persons designated
by the attorney general.
(c) The attorney general may apply for, receive and accept moneys from any source for
the purposes for which moneys in the crime victims assistance fund may be expended. Upon
receipt of any such moneys, the attorney general shall remit the entire amount at least
monthly to the state treasurer, who shall deposit it in the state treasury and credit it to the
crime victims assistance fund.
(d) Grants made to programs with funds derived from K.S.A. 12-4117, 19-101e, 19-
4707 and 20-367 and amendments thereto shall be based on the numbers of persons served
by the program and shall be made only to programs aimed at preventing child abuse and
neglect or providing residential services or facilities to victims of child abuse or neglect. In
order for programs to qualify for funding under this section, they must:
(1) Meet the requirements of section 501(c) of the internal revenue code of 1986;
(2) be registered and in good standing as a nonprofit corporation;
(3) meet normally accepted standards for nonprofit organizations;
(4) have trustees who represent the racial, ethnic and socioeconomic diversity of the
county or counties served;
(5) have received 50% or more of their funds from sources other than funds distributed
through the fund, which other sources may be public or private and may include contri-
butions of goods or services, including materials, commodities, transportation, office space
or other types of facilities or personal services;
(6) demonstrate ability to successfully administer programs;
(7) make available an independent certified audit of the previous year's financial records;
(8) have obtained appropriate licensing or certification, or both;
(9) serve a significant number of residents of the county or counties served;
(10) not unnecessarily duplicate services already adequately provided to county resi-
dents; and
(11) agree to comply with reporting requirements of the attorney general.
The attorney general may adopt rules and regulations establishing additional standards
for eligibility and accountability for grants made pursuant to this section.
(e) All moneys credited to the fund pursuant to K.S.A. 23-108a and amendments
thereto, shall be set aside to use as matching funds for meeting any federal requirement for
the purpose of establishing child exchange and visitation parenting time centers as provided
in K.S.A. 75-720 and amendments thereto. If no federal funds are made available to the
state for the purpose of establishing such child exchange and visitation parenting time cen-
ters, then such moneys may be used as otherwise provided in this section. Only those moneys
credited to the fund pursuant to K.S.A. 23-108a, and amendments thereto, may be used for
such matching funds. No state general fund moneys shall be used for such matching funds.
Sec. 33. K.S.A. 75-720 is hereby amended to read as follows: 75-720. (a) Subject to the
provisions of appropriation acts, the attorney general shall provide for child exchange and
visitation parenting time centers throughout the state for victims of domestic or family
violence and their children to allow court-ordered child exchange or visitation parenting
time in a manner that protects the safety of all family members. The attorney general shall
coordinate and cooperate with local governmental agencies in providing the child exchange
and visitation parenting time centers.
(b) A child exchange and visitation parenting time center shall provide:
(1) A secure setting and specialized procedures for supervised visitation parenting time
and the exchange or transfer of children for visitation parenting time; and
(2) supervision by a person trained in security and the avoidance of domestic and family
violence.
(c) A child exchange and visitation parenting time center is for children who have been
removed from such children's parents and placed outside the home as a result of abuse or
neglect or other risk of harm to such children and for children whose parents are separated
or divorced and the children are at risk because:
(1) There is documented sexual, physical or emotional abuse as determined by the court;
(2) there is suspected or elevated risk of sexual, physical or emotional abuse, or there
have been threats of parental abduction of the child;
(3) due to domestic violence, there is an ongoing risk of harm to a parent or child;
(4) a parent is impaired because of substance abuse or mental illness;
(5) there are allegations that a child is at risk for any of the reasons stated in paragraphs
(1) through (4) pending an investigation; or
(6) other circumstances, as determined by the court, point to the existence of such a
risk.
(d) The attorney general may apply for, receive and accept moneys from any source for
the purposes of establishing child exchange and visitation parenting time centers for victims
of domestic violence.
(e) There is hereby created in the state treasury the child exchange and visitation par-
enting time centers fund. All moneys credited to the fund shall be used solely for the purpose
of establishing and maintaining child exchange and visitation parenting time centers for
victims of domestic violence. All expenditures from the child exchange and visitation par-
enting time center fund shall be made in accordance with appropriation acts upon warrants
of the director of accounts and reports issued pursuant to vouchers approved by the attorney
general or by the attorney general's designee.'';
And by renumbering sections accordingly;
Also on page 12, in line 11, after ``K.S.A.'' by inserting ``20-164, 21-3422a, 23-601, 23-
602, 23-701, 38-1302, 38-1309, 38-1310, 38-1597,''; also in line 11, by striking ``and'' the
first time it appears and inserting a comma; also in line 11, after ``60-1617'' by inserting
``and 75-720''; in line 12, after ``Supp.'' by inserting ``5-509, 20-302b, 23-9,305, 23-1001, 23-
1002, 38-1121, 38-1138, 38-1563, 38-1569, 38-1583, 38-1664, 38-16,119,''; also in line 12,
by striking ``and'' and inserting a comma; also in line 12, after ``60-1620'' by inserting ``, 60-
1621, 60-3107 and 74-7334'';
On page 1, in the title, in line 10 after the semicolon, by inserting ``parenting time;''; also
in line 10, after ``K.S.A.'' by inserting ``20-164, 21-3422a, 23-601, 23-602, 23-701, 38-1302,
38-1309, 38-1310, 38-1597,''; in line 11, by striking ``and'' the first time it appears and
inserting a comma; also in line 11, after ``60-1617'' by inserting ``and 75-720''; also in line
11, after ``Supp.'' by inserting ``5-509, 20-302b, 23-9,305, 23-1001, 23-1002, 38-1121, 38-
1138, 38-1563, 38-1569, 38-1583, 38-1664, 38-16,119,''; in line 12, by striking ``and'' the
first time it appears and inserting a comma; also in line 12, after ``60-1620'' by inserting ``,
60-1621, 60-3107 and 74-7334''; and the bill be passed as amended.
SB 203 be amended on page 11, in line 9, by striking ``teacher or other'' and inserting
``administrative,''; in line 10, by striking all after ``school''; by striking all in line 11; in line
12, by striking all before the period; by striking all in lines 13 and 14 and inserting;
``(f) ``Superintendent of schools'' means the superintendent of schools appointed by the
board of education of a unified school district or the chief administrative officer of an
accredited nonpublic school appointed by the board of education of the school.'';
Also on page 11, in line 16, by striking all after ``(a)''; by striking all in lines 17 through
19; in line 34, by striking ``identity of any pupil who has''; in line 36, by striking ``engaged
in''; by striking all in lines 37 through 39 and inserting:
``If a school employee has information that a pupil is a pupil to whom the provisions of
this section apply, the school employee shall report such information and identify the pupil
to the superintendent of schools. The superintendent of schools shall investigate the matter
and, upon determining that the identified pupil is a pupil to whom the provisions of this
section apply, shall provide the reported information and identify the pupil to all school
employees who are directly involved or likely to be directly involved in teaching or providing
other school related services to the pupil. The provisions of this section apply to:
(1) Any pupil who has been expelled for the reason provided by subsection (c) of K.S.A.
72-8901, and amendments thereto, for conduct which endangers the safety of others;
(2) any pupil who has been expelled for the reason provided by subsection (d) of K.S.A.
72-8901, and amendments thereto;
(3) any pupil who has been expelled under a policy adopted pursuant to K.S.A. 1998
Supp. 72-89a02, and amendments thereto;
(4) any pupil who has been adjudged to be a juvenile offender and whose offense, if
committed by an adult, would constitute a felony under the laws of Kansas or the state
where the offense was committed, except any pupil adjudicated as a juvenile offender for a
felony theft offense involving no direct threat to human life; and
(5) any pupil who has been tried and convicted as an adult of any felony, except any
pupil convicted of a felony theft crime involving no direct threat to human life.
A school employee and the superintendent of schools shall not be required to report
information concerning a pupil specified in this subsection if the expulsion, adjudication as
a juvenile offender, conviction of a felony or conduct which could result in serious injury to
self or others occurred more than 365 days prior to the school employee's report to the
superintendent of schools.''
On page 12, in line 1, by striking ``a pupil has engaged in any conduct'' and inserting ``an
act has been committed''; in line 2, after the stricken material, by inserting ``and that the
act involved conduct''; in line 3, by striking ``may result in''; in line 4, by striking ``serious
injury of a pupil to self or others'' and inserting ``constitutes the commission of a felony or
misdemeanor''; in line 7, by striking ``Administrators and other school'' and inserting
``School''; in line 23, by striking all after the comma; in line 24, by striking all before ``except'';
in line 25, by striking ``the disclosures required'' and inserting ``reports made by a superin-
tendent of schools and school employees''; in line 33, by striking the second ``and''; in line
34, after ``services'' by inserting ``and the commissioner of juvenile justice''; by striking all
in lines 35 through 43;
On page 13, by striking all in line 1, and inserting:
``(h) No board of education, member of any such board, superintendent of schools or
school employee shall be liable for damages in a civil action resulting from a person's good
faith acts or omissions in complying with the requirements or provisions of the Kansas school
safety and security act.
Sec. 7. K.S.A. 72-5386 is hereby amended to read as follows: 72-5386. (a) This act
section shall apply to all school districts and to every pupil of any school district. As used in
this section, the term ``school records'' means transcripts, grade cards, the results of tests,
assessments or evaluations, and all other personally identifiable records, files and data di-
rectly related to a pupil.
(b) All school district property in the possession of any pupil shall be returned to the
proper school district authority or paid for by the pupil upon transfer of the pupil from the
school district. The school records of any such pupil shall not be forwarded until the pupil
has complied with the provisions of this section withheld for any reason. Any A school district
authority withholding any pupil records under the requirements of this section shall advise,
upon receipt of any request for such records, the requesting party that the records are being
withheld under the requirements of this section and shall provide with such advice a fully
itemized statement list of the school district property and its value for which the pupil is
charged in the possession of the pupil. In the event that such school district authority receives
an affidavit stating that the pupil's parents are unable to pay for or return the school district
property which is lost or missing, such school district authority shall forward the pupil's
records as requested and note in the school records of the pupil that the pupil has complied
with the provisions of this section. In the event that such a school district authority receives
an affidavit from the board of education of another school district or from the governing
authority of a nonpublic school stating that the a pupil's records are being requested as
proof of identity of the pupil pursuant to the provisions of K.S.A. 72-53,106, and amend-
ments thereto, such school district authority shall forward a certified copy of that part of
the pupil's records which provides information regarding the identity of the pupil.
(c) The school records of each pupil are the property of the pupil and shall not be
withheld by any school district. Upon request of a pupil or the parent of a pupil, the school
records of the pupil shall be given to such pupil or parent, or, upon transfer of the pupil to
another school district or to a nonpublic school, shall be forwarded to such school district
or nonpublic school. A pupil's records forwarded to another school district due to transfer
will include original copies of all the students records, including transcripts, grade cards,
results of tests, assessments or evaluations, and all other personally identifiable records, files
and data directly related to the pupil.'';
And by renumbering sections accordingly;
Also on page 13, in line 2, before ``K.S.A.'' by inserting ``K.S.A. 72-5386 and'';
On page 1, in the title, in line 9, after ``concerning'' by inserting ``schools; relating to'';
also in line 9, after the semicolon, by inserting ``pupils, prohibiting the withholding of re-
cords;''; also in line 9, after ``amending'' by inserting ``K.S.A. 72-5386 and''; and the bill be
passed as amended.
REPORT ON ENGROSSED BILLS
SB 19, 72, 76, 79, 92, 98, 108, 132, 213, 219, 229, 238, 241, 267 reported correctly
engrossed February 25, 1999.
COMMITTEE OF THE WHOLE
The Committee returned to consideration of bills on the calendar under the heading of
General Orders with Senator Clark in the chair.
The following report was adopted:
Recommended that SB 246, 285 be passed.
Also HCR 5004 be adopted.
The committee reports on Sub SB 54, Sub SB 243 be adopted, and the substitute bills
be passed..
SB 48, 121, 129, 206, 216, 248, 284, 296 be amended by adoption of the committee
amendments, and the bills be passed as amended.
SCR 1611 be amended by adoption of the committee amendments, and the concurrent
resolution be adopted as amended.
SB 273 be amended by motion of Senator Biggs on page 1, in line 41, by striking ``any''
and inserting ``the laying out,''; also in line 41, after ``vacation'' inserting ``of any road''
The bill be amended by motion of Senator Oleen on page 1, in line 30, by inserting
``adjacent'' after the word ``any''; and continuing on with all current language, and SB 273
be passed as amended.
SB 288 be amended by adoption of the committee amendments. An objection being
made to a request to pass over SB 288, the Committee continued consideration of the bill.
Senator Gooch moved to amend the bill on page 1, in line 26, following ``Kansas'' by
inserting ``governmental''; also on page 1, in line 40, following ``Kansas'' by inserting
``governmental'';
On page 2, after line 4, by inserting the following:
``(d) No employer responsible for the disbursement of funds in payment of wages or
salaries shall withhold or divert a portion of an employee's wages or salaries for contributions
to political committees for use as political contributions except upon the written request of
the employee. The request shall be made only on a form prescribed by the Kansas govern-
mental ethics commission which form shall contain a clear and unambiguous statement that
the employee may choose not to make such request for deduction and may opt to not return
the form to the employer. The form may only be filled out as to the amount of deduction
by the employee and must be signed by the employee in order to be valid. The request shall
be valid for no more than 12 months from the date it is signed.''
A motion by Senator Hensley to pass over SB 288 failed. The motion by Senator Gooch
to amend the bill failed and the amendment was rejected.
Senator Kerr moved to amend the bill on page 1, in line 26, before ``ethics'' by inserting
``governmental''; in line 40, before ``ethics'' by inserting ``governmental''.
The motion carried and the amendment was adopted.
Senator Stephens moved to amend the bill on page 1, in line 26, following ``Kansas'' by
inserting ``governmental''; also on page 1, in line 40, following ``Kansas'' by inserting
``governmental'';
On page 2, after line 4, by inserting the following:
``(d) No employer responsible for the disbursement of funds in payment of wages or
salaries shall withhold or divert a portion of an employee's wages or salaries for contributions
to political committees for use as political contributions unless the question of having a
payroll deduction from an employee's wages or salaries for contributions to political com-
mittees for use as political contributions has been submitted to and approved by a majority
of the employees. Each employer desiring to utilize such a payroll deduction shall obtain
the approval of such payroll deduction annually.
(e) The approval by a majority of employees required by subsection (d) shall be valid
for no more than 12 months from the date it is obtained.
(f) The employer shall maintain records documenting that a majority of the employees
approved the use of such deduction and the procedure used to obtain the required
approval.''
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 13, nays 26, present and passing 1; absent or not voting
0.
Yeas: Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Jones, Lee,
Petty, Steineger, Stephens.
Nays: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Hardenburger, Har-
rington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Tyson, Umbarger, Vidricksen, Vratil.
Present and passing: Emert.
The motion failed and the amendment was rejected.
Senator Hensley moved to amend the bill on page 1, in line 26, before ``ethics'' by inserting
``governmental''; in line 40, before ``ethics'' by inserting ``governmental'';
On page 2, after line 4, by inserting the following:
``Sec. 3. (a) The Kansas governmental ethics commission shall conduct a pilot project
in each unified school district in Reno county, Kansas, concerning the use of a payroll
deduction from an employee's wages for contributions to political committees for use as
political contributions. Any employee may opt out from the pilot program by signing a
written request for that purpose furnished by the Kansas governmental ethics commission.
(b) The Kansas governmental ethics commission shall report to the Kansas legislature
on or before January 15, 2000, regarding the results of the pilot project authorized in sub-
section (a) and the feasibility of authorizing the use of a payroll deduction from an em-
ployee's wages for contributions to political committees for use as political contributions
subject to the employee's right to refuse authorization for such deduction.'';
And by renumbering the remaining section accordingly
The motion failed and the amendment was rejected.
Senator Hardenburger moved to amend the bill on page 1, in line 34, by striking ``(c)''
and inserting ``Section 2''.
And by renumbering Section 2 as Section 3.
The motion carried and the amendment was adopted, and the Committee recommended
SB 288 be passed as further amended.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert SB 19, 48, Sub SB 54; SB 72, 92, 121, 129, 206, 216,
220, Sub SB 243; SB 246, 248, 267, 273, 284, 285, 287, 288, 296 306; SCR 1611;
HCR 5004 were advanced to Final Action and roll call.
SB 19, An act concerning the Kansas commission on veterans affairs; authorizing the
establishment of a state system of veterans cemeteries, was considered on final action.
On roll call, the vote was: Yeas 37, nays 3, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Sal-
mans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Brownlee, Ranson, Salisbury.
The bill passed, as amended.
SB 48, An act concerning insurance; relating to reinsurance; amending K.S.A. 40-3634
and K.S.A. 1998 Supp. 40-221a and repealing the existing sections, was considered on final
action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
Sub SB 54, An act concerning access to television services; providing restrictions on
certain premises owners relating thereto, was considered on final action.
On roll call, the vote was: Yeas 34, nays 4, present and passing 2; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Hensley, Jones, Kerr, Lang-
worthy, Lawrence, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Steffes, Stei-
neger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Huelskamp, Lee, Pugh, Tyson.
Present and passing: Harrington, Jordan.
The substitute bill passed.
EXPLANATION OF VOTE
Mr. President: It is in my opinion bad business for government to empower private
entities to take the property of other private entities.
This measure constitutes a taking. Loretto vs. Teleprompter, US Supreme Court, 73 L
Ed 2d 87.
This measure may have extraordinary implications. I have not considered it in relation
to the deregulation in the utility industry but I bet someone has.--Ed Pugh
SB 72, An act concerning a memorial for Kansas firefighters on the state capitol grounds;
providing for an advisory committee, was considered on final action.
On roll call, the vote was: Yeas 36, nays 4, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bond, Clark, Corbin, Donovan, Downey, Emert, Feleciano,
Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan, Kerr, Lang-
worthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans,
Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Bleeker, Brownlee, Huelskamp, Tyson.
The bill passed, as amended.
SB 92, An act concerning crime, criminal procedure and punishment; relating to parole
hearings; comments of victims; amending K.S.A. 1998 Supp. 22-3717 and repealing the
existing section, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
SB 121, An act relating to insurance; concerning rate filings; amending K.S.A. 40-216
and K.S.A. 1998 Supp. 40-955 and repealing the existing sections, was considered on final
action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
SB 129, An act concerning exceptional children; relating to the provision of special ed-
ucation and related services; amending K.S.A. 38-1513a, 72-961, 72-963, 72-963a, 72-963c,
72-964, 72-965, 72-966, 72-967, 72-970, 72-971, 72-973, 72-973a, 72-975, 72-976, 72-977,
72-979, 72-981, 72-5392, 72-5393 and 72-5394 and K.S.A. 1998 Supp. 72-962, 72-968, 72-
974, 72-978, 72-983, 72-53,109 and 72-8902 and repealing the existing sections; also re-
pealing K.S.A. 72-933, 72-963b, 72-969, 72-972 and 72-980, was considered on final action.
On roll call, the vote was: Yeas 37, nays 1, present and passing 2; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jor-
dan, Kerr, Langworthy, Lawrence, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Lee.
Present and passing: Gooch, Jones.
The bill passed, as amended.
SB 206, An repealing K.S.A. 22-2501; act concerning crimes, criminal procedure and
punishment; relating to searches incident to a lawful arrest, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
SB 216, An act concerning the state board of healing arts; relating to compensation of
review committee members; amending K.S.A. 65-2016 and K.S.A. 1998 Supp. 65-2840c and
repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 38, nays 2, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Hensley, Jones, Jordan, Kerr,
Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Sal-
mans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Harrington, Huelskamp.
The bill passed, as amended.
SB 220, An act concerning crimes and punishment; relating to criminal use of explosives
and criminal use of weapons; amending K.S.A. 21-3731 and K.S.A. 1998 Supp. 21-4201 and
repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed.
Sub SB 243, An act concerning electric generation facility siting; amending K.S.A. 66-
1,159, 66-1,160, 66-1,161, 66-1,162, 66-1,169a and 66-1,169c and K.S.A. 1998 Supp. 66-
1,158 and 66-1,169b and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The substitute bill passed.
SB 246, An act concerning solid waste; amending K.S.A. 65-3430 and repealing the
existing section, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed.
SB 248, An act concerning the university of Kansas medical center; construction, repair,
remodeling and renovating buildings from private moneys; exemptions from certain statu-
tory requirements; amending K.S.A. 76-833 and repealing the existing section, was consid-
ered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
SB 267, An act concerning the pharmacy act of the state of Kansas; board procedures;
prescription-only drugs; amending K.S.A. 1998 Supp. 65-1626, 65-1627, 65-1635 and 65-
1643 and repealing the existing sections; also repealing K.S.A. 1998 Supp. 65-1627i, was
considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
SB 273, An act concerning roads; relating to the laying out, viewing, altering and vacation
thereof; amending K.S.A. 68-102a and K.S.A. 1998 Supp. 68-102 and repealing the existing
sections, by Senator Biggs.
On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Umbarger, Vidricksen,
Vratil.
Nays: Tyson.
The bill passed, as amended.
SB 284, An act concerning the state corporation commission; relating to certain delib-
erations; amending K.S.A. 66-1,193 and K.S.A. 1998 Supp. 66-101f, 66-1,206 and 66-1,221
and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 16, nays 24, present and passing 0; absent or not voting
0.
Yeas: Bond, Brownlee, Clark, Donovan, Emert, Hardenburger, Kerr, Langworthy,
Lawrence, Praeger, Pugh, Ranson, Salmans, Steffes, Tyson, Vidricksen.
Nays: Barone, Becker, Biggs, Bleeker, Corbin, Downey, Feleciano, Gilstrap, Gooch,
Goodwin, Harrington, Hensley, Huelskamp, Jones, Jordan, Lee, Morris, Oleen, Petty, Sal-
isbury, Steineger, Stephens, Umbarger, Vratil.
A constitutional majority having failed to vote in favor of the bill, SB 284 did not pass.
SB 285, An act concerning penalties for violations of certain laws relating to big game
animals; amending K.S.A. 32-1032 and repealing the existing section, was considered on
final action.
On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Salmans.
The bill passed.
SB 287, An act concerning the chief engineer of the division of water resources of the
department of agriculture; relating to powers thereof; amending K.S.A. 12-766, 24-126, 42-
703, 42-722, 42-722a, 82a-303, 82a-303a, 82a-703b, 82a-704a, 82a-706a, 82a-708b, 82a-711,
82a-718, 82a-724, 82a-727, 82a-954, 82a-1028, 82a-1038, 82a-1345, 82a-1503 and 82a-1506
and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 30, nays 9, present and passing 1; absent or not voting 0.
Yeas: Becker, Bleeker, Bond, Brownlee, Corbin, Donovan, Downey, Emert, Gilstrap,
Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris,
Oleen, Praeger, Ranson, Salisbury, Salmans, Steffes, Steineger, Tyson, Umbarger,
Vidricksen, Vratil.
Nays: Barone, Biggs, Clark, Feleciano, Goodwin, Hardenburger, Petty, Pugh, Stephens.
Present and passing: Gooch.
The bill passed.
EXPLANATION OF VOTE
Mr. President: SB 287 would take the responsibility for deciding how much water can
be safely taken from each stream and each body of groundwater away from the Chief
Engineer of the Division of Water Resources and give the decision-making power instead
to the Secretary of Agriculture.
This is an unwise move on several counts.
-The decisions require a great deal of scientific and engineering understanding. Only a
very few persons who have come up through the political route to the office of Secretary
will have the expert background needed to make decisions that are based on sound science.
Political judgement is not as important in this field as seasoned technical judgment.
-Stable, long-term policies on water allocation are in the interest of everyone in the state,
especially major users. Under the present system we have a Chief Engineer who is delib-
erately kept isolated from political influence and whose responsibility is the community's
long-term interest. It is in no community's long-term interest to overutilize its water resource
to such an extent that the resource crashes at some later date. SB 287, if passed, is likely
to favor short-term strategies, with each new administration bringing in a new decision-
maker with a new agenda.
-It is in no community's long-term interest to indulge in practices that will result in long-
term degradation in the quality of this resource. It will take a great deal of scientific knowl-
edge and wisdom to prevent degradation.
-We are talking about public policy on what may be any state's very most important
resource, water. Decisions on water allocation are too important to hand off to a new ad-
ministration every four or eight years.--Paul Feleciano
Senator Barone requests the record to show he concurs with the ``Explanation of Vote''
offered by Senator Feleciano on SB 287.
SB 288, An act enacting the voluntary political contributions act of 1999, was considered
on final action.
On roll call, the vote was: Yeas 25, nays 15, present and passing 0; absent or not voting
0.
Yeas: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Hardenburger, Har-
rington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Barone, Biggs, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hensley,
Jones, Lee, Oleen, Petty, Steineger, Stephens.
The bill passed, as amended.
SB 296, An act concerning hazardous waste; amending K.S.A. 65-3444 and K.S.A. 1998
Supp. 65-3431 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
SB 306, An act concerning civil procedure; relating to foreign judgments; amending
K.S.A. 60-3002 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed.
SCR 1611, A CONCURRENT RESOLUTION encouraging the United States Environ-
mental Protection Agency to take certain actions relating to sulfur levels in gasoline, was
considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 1; absent or not voting 0.
Yeas: Barone, Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
Present and passing: Biggs.
The resolution was adopted, as amended.
HCR 5004, A CONCURRENT RESOLUTION establishing a task force to study rail
passenger service in Kansas, was considered on final action.
On roll call, the vote was: Yeas 32, nays 8, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bond, Brownlee, Clark, Donovan, Downey, Feleciano, Gil-
strap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Steffes, Steineger, Stephens, Tyson,
Umbarger, Vidricksen, Vratil.
Nays: Bleeker, Corbin, Emert, Huelskamp, Kerr, Ranson, Salisbury, Salmans.
The resolution was adopted.
On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, February 26,
1999.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.