February 24, 2000
Journal of the House
THIRTY-THIRD DAY
______
| Hall of the House of Represenatitives |
| Topeka, KS, Thursday, February 24, 2000, 9:00 a.m. |
The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 124 members present.
Rep. Adkins was excused on excused absence by the Speaker.
Present later: Rep. Adkins.
Prayer by guest chaplain, Dr. James McVicar, pastor, Baptist Church, Concordia, and
guest of Rep. Freeborn:
Gracious Lord and God. We acknowledge that we are nothing without you.
We thank you for the freedom that we enjoy in this land, for the rights we
possess, for the security of our laws and for the diversity of our people.
We confess that we often take our blessings for granted. Please forgive us,
renew us, heal us and empower us to deal with the issues we will face this
day. Give your servants, within this House, wisdom and understanding as
they serve You and the people within this State. Help them as they struggle
with issues that are difficult to deal with. Thank you for their willing service
and dedication. I pray that they may experience your protection and provision.
We also ask that you protect those who through no fault of their own are
dependent on others. Exalt the humble that we may learn from their example.
Make our nation great and strong, renowned in wisdom, prosperous in virtue,
and renewed in faith. May we not be divisive, help us to remove hatred and
violence; fill us with your peace. As Saint Francis of Assisi once said:
Lord, make us an instrument of your peace! That where there is hatred,
we may bring love. That where there is wrong, we may bring the spirit of
forgiveness. That where there is discord, we may bring harmony. That where
there is error, we may bring truth. That where there is doubt, we may bring
faith. That where there is despair, we may bring hope. That where there are
shadows, we may bring light. That where there is sadness, we may bring joy.
Hear our prayer this day in the name of the Lord Jesus Christ, we pray.
Amen.
The Pledge of Allegiance was led by Rep. Gatewood.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Appropriations: HB 3005.
Taxation: HR 6010.
Transportation: HB 3004.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills, appearing on the Calendar as ``To Be Referred,'' were referred to
committees as indicated:
Agriculture: HB 3002, 3003; SB 564.
Appropriations: SB 24, 481.
Education: SB 433.
Environment: SB 405.
Federal and State Affairs: SB 430.
Financial Institutions: SB 498.
Governmental Organization and Elections: SB 462, 566.
Insurance: SB 443.
Judiciary: SB 424, 425, 431 (separately); SB 470.
Taxation: HB 3007; SB 502, 613.
Transportation: SB 369, 427, 478.
Utilities: SB 431 (separately).
Kansas 2000 Select: HB 3006.
CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of HB 2934 from Committee on
Appropriations and rereferral to Committee on Education.
Also, the withdrawal of HB 2971 from Committee on Appropriations and rereferral to
Committee on Economic Development.
COMMUNICATIONS FROM STATE OFFICERS
From Marilyn Scafe, Chair, Kansas Parole Board, pursuant to the provisions of K.S.A.
22-3710, Annual Report of the Kansas Parole Board for Fiscal Year 1999.
The complete report is kept on file and open for inspection in the office of the Chief
Clerk.
CONSENT CALENDAR
No objection was made to HB 2929 appearing on the Consent Calendar for the third
day. The bill was advanced to Final Action on Bills and Concurrent Resolutions.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
HB 2929, An act relating to Kansas technology enterprise corporation; concerning senior
administrators; amending K.S.A. 1999 Supp. 74-8101 and repealing the existing section, was
considered on final action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
Yeas: Aday, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Bethell,
Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long,
Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Merrick, Minor,
Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor,
O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan,
Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.
Nays: None.
Present but not voting: None.
Absent or not voting: Adkins.
The bill passed.
HB 2103, An act concerning certificates of completion of hunter education; amending
K.S.A. 32-920 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 112; Nays 12; Present but not voting: 0; Absent or not
voting: 1.
Yeas: Aday, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Bethell,
Boston, Burroughs, Campbell, Compton, Cox, Crow, Dahl, Dreher, Empson, Faber,
Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn, Garner, Gatewood, Geringer,
Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry,
Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins, Jennison,
Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Lane, Larkin,
Light, Lightner, Lloyd, M. Long, Loyd, Mason, Mayans, Mays, McClure, McKechnie,
McKinney, Merrick, Minor, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld,
Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson,
Phelps, Powell, Ray, Reardon, Rehorn, Reinhardt, Ruff, Sharp, Showalter, Shriver, Shultz,
Sloan, Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson,
Vickrey, Vining, Wagle, Weiland, Wells, Welshimer, Wilk.
Nays: Carmody, Dean, Edmonds, Farmer, Landwehr, P. Long, McCreary, Pottorff,
Powers, Schwartz, Toplikar, Weber.
Present but not voting: None.
Absent or not voting: Adkins.
The bill passed, as amended.
Sub. HB 2144, An act concerning the multipurpose small lakes program; amending
K.S.A. 82a-1602 and 82a-1603 and repealing the existing sections, was considered on final
action.
On roll call, the vote was: Yeas 117; Nays 7; Present but not voting: 0; Absent or not
voting: 1.
Yeas: Aday, Alldritt, Allen, Ballard, Ballou, Barnes, Beggs, Benlon, Bethell, Boston,
Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Edmonds,
Empson, Faber, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn, Garner, Gatewood,
Geringer, Gilbert, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry,
Hermes, Holmes, Horst, Huff, Humerickhouse, Hutchins, Jenkins, Jennison, Johnson,
Johnston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Lane, Larkin, Light,
Lightner, Lloyd, M. Long, Loyd, Mason, Mayans, Mays, McClure, McKechnie, McKinney,
Merrick, Minor, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, Nichols,
O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps,
Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Tedder,
Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wilk.
Nays: Aurand, Farmer, Gregory, Howell, Landwehr, P. Long, McCreary.
Present but not voting: None.
Absent or not voting: Adkins.
The substitute bill passed.
HB 2501, An act enacting the uniform principal and income act (1997); repealing K.S.A.
58-901, 58-902, 58-903, 58-904, 58-904a, 58-905, 58-906, 58-907, 58-909, 58-909a, 58-910,
58-911, 58-912, 58-914, 58-915, 58-916 and 58-917, was considered on final action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
Yeas: Aday, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Bethell,
Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long,
Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Merrick, Minor,
Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor,
O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan,
Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.
Nays: None.
Present but not voting: None.
Absent or not voting: Adkins.
The bill passed, as amended.
HB 2559, An act concerning the state treasurer; powers, duties and functions relating to
certain bonded public debt; disposition of certain state general fund revenues and municipal
bond program fees; amending K.S.A. 10-506, 10-603 and 10-627 and repealing the existing
sections, was considered on final action.
On roll call, the vote was: Yeas 120; Nays 5; Present but not voting: 0; Absent or not
voting: 0.
Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, Lightner, Lloyd, M. Long, P. Long, Mason,
Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Merrick, Minor, Mollenkamp,
Jim Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer,
Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn,
Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shultz, Sloan, Spangler, Stone, Storm,
Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weber, Weiland, Wells, Welshimer, Wilk.
Nays: Carmody, Light, Loyd, Judy Morrison, Shriver.
Present but not voting: None.
Absent or not voting: None.
The bill passed, as amended.
HB 2624, An act concerning retirement; relating to the Kansas police and firemen's
retirement system; death benefit; amending K.S.A. 1999 Supp. 74-4959 and repealing the
existing section, was considered on final action.
On roll call, the vote was: Yeas 123; Nays 2; Present but not voting: 0; Absent or not
voting: 0.
Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley,
Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phill Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long,
Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Merrick, Minor,
Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor,
O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shultz, Sloan,
Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.
Nays: Phil Kline, Shriver.
Present but not voting: None.
Absent or not voting: None.
The bill passed.
HB 2627, An act concerning state officers and employees; concerning governmental
ethics; consulting and professional services contracts; amending K.S.A. 46-222, 46-225, 46-
292, 75-3738 and 75-3740 and K.S.A. 1999 Supp. 46-236, 46-237, 46-237a, 74-8904 and 75-
3739 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 103; Nays 22; Present but not voting: 0; Absent or not
voting: 0.
Yeas: Aday, Adkins, Alldritt, Allen, Ballard, Barnes, Bethell, Boston, Burroughs,
Campbell, Carmody, Crow, Dahl, Dean, Edmonds, Empson, Faber, Farmer, Feuerborn,
Findley, Flaharty, Flora, Flower, Garner, Gatewood, Gilbert, Glasscock, Grant, Gregory,
Haley, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Hutchins,
Jenkins, Johnston, Kirk, Klein, Phill Kline, Krehbiel, Kuether, Landwehr, Larkin, Lightner,
Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Merrick, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Nichols, O'Brien,
O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff,
Powell, Powers, Reardon, Rehorn, Ruff, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey,
Vining, Wagle, Weiland, Wells, Welshimer, Wilk.
Nays: Aurand, Ballou, Beggs, Benlon, Compton, Cox, Dreher, Freeborn, Geringer,
Hayzlett, Humerickhouse, Jennison, Johnson, Phil Kline, Lane, Light, Minor, Neufeld, Ray,
Reinhardt, Schwartz, Weber.
Present but not voting: None.
Absent or not voting: None.
The bill passed, as amended.
HB 2700, An act concerning certain providers of care services; employment of persons
by such providers; amending K.S.A. 1999 Supp. 39-970 and 65-5117 and repealing the
existing sections, was considered on final action.
On roll call, the vote was: Yeas 122; Nays 3; Present but not voting: 0; Absent or not
voting: 0.
Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley,
Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Huff, Humerickhouse,
Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long,
Loyd, Mason, Mayans, Mays, McClure, McKechnie, McKinney, Merrick, Minor,
Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor,
O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan,
Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Welshimer, Wilk.
Nays: Howell, McCreary, Wells.
Present but not voting: None.
Absent or not voting: None.
The bill passed, as amended.
HB 2727, An act concerning big game; amending K.S.A. 1999 Supp. 32-937 and repealing
the existing section, was considered on final action.
On roll call, the vote was: Yeas 107; Nays 18; Present but not voting: 0; Absent or not
voting: 0.
Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Barnes, Beggs, Bethell, Boston,
Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Empson,
Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Freeborn, Garner, Gatewood,
Geringer, Gilbert, Grant, Haley, Hayzlett, Henderson, Henry, Hermes, Holmes, Horst,
Huff, Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Phil Kline,
Phill Kline, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long,
Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Merrick, Minor,
Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor,
O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Ray,
Reardon, Rehorn, Reinhardt, Ruff, Showalter, Shriver, Shultz, Spangler, Stone, Storm,
Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Vickrey, Vining, Wagle, Weiland,
Wells.
Nays: Ballou, Benlon, Edmonds, Flower, Glasscock, Gregory, Helgerson, Howell, Klein,
Krehbiel, Powers, Schwartz, Sharp, Sloan, Toplikar, Weber, Welshimer, Wilk.
Present but not voting: None.
Absent or not voting: None.
The bill passed.
HB 2757, An act concerning emergency care or assistance at scene of an emergency or
accident; defining ``health care provider''; amending K.S.A. 1999 Supp. 65-2891 and
repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 125; Nays 0; Present but not voting: 0; Absent or not
voting: 0.
Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley,
Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long,
P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
Merrick, Minor, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, Nichols,
O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps,
Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Tedder,
Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wilk.
Nays: None.
Present but not voting: None.
Absent or not voting: None.
The bill passed, as amended.
HB 2762, An act concerning wildlife and parks; relating to controlled shooting areas;
inspections; amending hunter safety education; amending K.S.A. 32-921 and K.S.A. 1999
Supp. 32-945 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 125; Nays 0; Present but not voting: 0; Absent or not
voting: 0.
Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley,
Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long,
P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
Merrick, Minor, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, Nichols,
O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps,
Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Tedder,
Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wilk.
Nays: None.
Present but not voting: None.
Absent or not voting: None.
The bill passed, as amended.
HB 2860, An act concerning solid waste; amending K.S.A. 1999 Supp. 65-3415, 65-3415a
and 65-3415b and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 113; Nays 12; Present but not voting: 0; Absent or not
voting: 0.
Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Bethell,
Boston, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Edmonds, Empson, Faber,
Farmer, Findley, Flaharty, Flora, Flower, Freeborn, Garner, Gatewood, Geringer, Gilbert,
Glasscock, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes,
Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk,
Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner,
Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure, McKinney, Merrick,
Minor, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, O'Brien, O'Connor,
O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Shriver, Shultz, Sloan, Stone, Storm,
Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vining, Wagle, Weber,
Weiland, Wells, Welshimer, Wilk.
Nays: Benlon, Burroughs, Campbell, Feuerborn, Grant, McCreary, McKechnie, Nichols,
Sharp, Showalter, Spangler, Vickrey.
Present but not voting: None.
Absent or not voting: None.
The bill passed, as amended.
HB 2891, An act concerning certain unsolicited telephone calls; prohibiting certain acts
and providing remedies for violations; amending K.S.A. 1999 Supp. 50-670 and repealing
the existing section, was considered on final action.
Call of the House was demanded.
On roll call, the vote was: Yeas 78; Nays 47; Present but not voting: 0; Absent or not
voting: 0.
Yeas: Aday, Adkins, Alldritt, Allen, Ballard, Barnes, Beggs, Burroughs, Cox, Crow, Dean,
Edmonds, Feuerborn, Findley, Flaharty, Flora, Garner, Gatewood, Gilbert, Glasscock,
Grant, Haley, Helgerson, Henderson, Henry, Holmes, Howell, Huff, Hutchins, Jenkins,
Johnston, Kirk, Klein, Krehbiel, Kuether, Larkin, M. Long, Mayans, Mays, McClure,
McKechnie, McKinney, Minor, Mollenkamp, Jim Morrison, Judy Morrison, Nichols,
O'Brien, O'Neal, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray,
Reardon, Rehorn, Reinhardt, Ruff, Sharp, Showalter, Shriver, Spangler, Storm, Swenson,
Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Wagle, Weiland, Wells,
Welshimer, Wilk.
Nays: Aurand, Ballou, Benlon, Bethell, Boston, Campbell, Carmody, Compton, Dahl,
Dreher, Empson, Faber, Farmer, Flower, Freeborn, Geringer, Gregory, Hayzlett, Hermes,
Horst, Humerickhouse, Jennison, Johnson, Phil Kline, Phill Kline, Landwehr, Lane, Light,
Lightner, Lloyd, P. Long, Loyd, Mason, McCreary, Merrick, Myers, Neufeld, O'Connor,
Osborne, Palmer, Schwartz, Shultz, Sloan, Stone, Tanner, Vining, Weber.
Present but not voting: None.
Absent or not voting: None.
The bill passed, as amended.
EXPLANATIONS OF VOTE
Mr. Speaker: I vote no on HB 2891 because, although the concept is good, there have
been numerous amendments in committee including putting it under the Attorney General's
office and an apparent fiscal note of nearly a quarter million dollars. Also, there are many
questions regarding who would fall under this legislation. I am especially concerned about
the ramifications on legitimate local businesses and possible community fund-raising efforts.
This legislation is important and deserves very careful and thorough scrutiny and should be
the subject of a summer interim study.--Kay O'Connor, Patricia Lightner, Gerald
G. Geringer, Billie Vining, Vern Osborne, Larry Campbell, Sharon Schwartz
Mr. Speaker: May I please speak to the woman or the man of the house?
I know you have plenty of offers but this one is well intentioned and popular. However,
I do have to mention that this bill stifles free enterprise, jeopardizes second income
telemarketing jobs, and makes a crime out of a phone call. With you approval we can get
started today.
No thank you. We're not buying excessive regulation today. We have plenty.
I vote no on HB 2891.--Clay Aurand, Clark Shultz
Mr. Speaker: The Attorney General is my shepherd, I shall not want.
I lie down in silent green pastures. She leads me beside bells that are now still.
My phone no longer rings . . . . she becometh my ``HANG-UP COP'' forever . . . . .
Although I walk through the valley of irresponsibility, I fear no evil, for CARLA is with
me. Her CEASE AND DESIST ORDER comforts me.
She prepares a ``DO NOT CALL'' list in the presence of telemarketers.
My head is anointed with FOIL . . . . My sanctuary overflows.
GOODNESS and SILENT CLAPPERS shall follow me all the days of my life.
I vote no on HB 2891.--Garry Boston
Mr. Speaker: I am concerned that HB 2891, of which I am a sponsor, was promoted
as a bill to control calls from telemarketing firms. Instead, it appears to be legislation
designed to stop local business calls, calls from local charitable organizations, calls for school
and university fundraisers, etc. I cannot support a bill that has a focus that is different from
the explanation that I received when I agreed to be a sponsor. I vote `no' on HB 2891.--
Deena Horst, Ward Loyd, Mary Compton
HB 2897, An act concerning public lands; relating to grants of easements there through;
amending K.S.A. 75-2131 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 125; Nays 0; Present but not voting: 0; Absent or not
voting: 0.
Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley,
Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long,
P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
Merrick, Minor, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, Nichols,
O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps,
Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Tedder,
Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wilk.
Nays: None.
Present but not voting: None.
Absent or not voting: None.
The bill passed, as amended.
HB 2945, An act concerning emergency telephone service; establishing a task force to
make recommendations to the legislature regarding emergency telephone service, was
considered on final action.
On roll call, the vote was: Yeas 124; Nays 1; Present but not voting: 0; Absent or not
voting: 0.
Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley,
Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Phil Kline, Phill
Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P.
Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Merrick,
Minor, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, Nichols, O'Brien,
O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff,
Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter,
Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch,
Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer,
Wilk.
Nays: Klein.
Present but not voting: None.
Absent or not voting: None.
The bill passed, as amended.
HB 2975, An act concerning wildlife; relating to hunting on land by permission only;
amending K.S.A. 32-1013 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 122; Nays 3; Present but not voting: 0; Absent or not
voting: 0.
Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley,
Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long,
Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Merrick, Minor,
Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, O'Brien, O'Connor, O'Neal,
Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray,
Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan,
Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Vickrey,
Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.
Nays: Landwehr, Nichols, Toplikar.
Present but not voting: None.
Absent or not voting: None.
The bill passed, as amended.
HB 2976, An act concerning animals; relating to penalty for taking trophy big game;
penalty for importation or possession of feral swine; amending K.S.A. 32-1032 and K.S.A.
1999 Supp. 47-1809 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 124; Nays 1; Present but not voting: 0; Absent or not
voting: 0.
Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley,
Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long,
P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
Merrick, Minor, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, Nichols,
O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps,
Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Tedder,
Thimesch, Toelkes, Tomlinson, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer,
Wilk.
Nays: Toplikar.
Present but not voting: None.
Absent or not voting: None.
The bill passed, as amended.
HB 2984, An act concerning fiber-optic cable; requiring owners to submit certain
information to the state; providing penalties for violations, was considered on final action.
On roll call, the vote was: Yeas 105; Nays 20; Present but not voting: 0; Absent or not
voting: 0.
Yeas: Aday, Adkins, Alldritt, Allen, Ballard, Ballou, Barnes, Beggs, Benlon, Bethell,
Boston, Burroughs, Compton, Cox, Crow, Dean, Dreher, Empson, Faber, Feuerborn,
Findley, Flaharty, Flora, Flower, Freeborn, Garner, Gatewood, Geringer, Gilbert,
Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst,
Huff, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Kuether, Lane, Larkin, Light, Lightner, M. Long, Loyd, Mason, Mayans, Mays,
McClure, McKechnie, McKinney, Minor, Mollenkamp, Jim Morrison, Myers, Neufeld,
Nichols, O'Brien, O'Neal, Osborne, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell,
Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Sloan,
Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weiland, Wells, Welshimer, Wilk.
Nays: Aurand, Campbell, Carmody, Dahl, Edmonds, Farmer, Gregory, Howell,
Humerickhouse, Landwehr, Lloyd, P. Long, McCreary, Merrick, Judy Morrison, O'Connor,
Palmer, Powers, Shultz, Weber.
Present but not voting: None.
Absent or not voting: None.
The bill passed, as amended.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Hayzlett in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Hayzlett, Committee of the Whole report, as follows, was adopted:
Recommended that HB 2750, 2696, 2355, 2954 be passed.
Committee report recommending a substitute bill to Sub. HB 2169 be adopted; and the
substitute bill be passed.
On motion of Rep. Jim Morrison, HB 2759 be amended on page 1, in line 24, before
the period, by inserting: ``as authorized in section 3 and amendments thereto''; and HB
2759 be passed as amended.
Committee report to HB 2884 be adopted; and the bill be passed as amended.
Committee report to HB 2894 be adopted; also, on motion of Rep. Horst to amend, the
motion did not prevail, and the bill be passed as amended.
HB 2907, 2810, 2809, 2450, 2695 be passed over and retain a place on the calendar.
Committee report recommending a substitute bill to Sub. HB 2683 be adopted; and the
substitute bill be passed.
On motion of Rep. Ballard HB 2932 be amended on page 4, after line 11, by inserting:
``(22) A representative of the food processing and manufacturing industry selected by
the secretary of health and environment.'';
Also, on motion to recommend HB 2932 favorably for passage, the motion did not prevail.
Committee report to HB 2580 be adopted; also, roll call was demanded on motion to
recommend the bill favorably for passage.
On roll call, the vote was: Yeas 86; Nays 37; Present but not voting: 0; Absent or not
voting: 2.
Yeas: Aday, Adkins, Alldritt, Allen, Ballard, Barnes, Beggs, Burroughs, Campbell, Crow,
Dean, Edmonds, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Garner, Gatewood,
Gilbert, Glasscock, Grant, Haley, Helgerson, Henderson, Henry, Holmes, Horst, Howell,
Huff, Hutchins, Jenkins, Johnston, Kirk, Klein, Phill Kline, Kuether, Landwehr, Lane,
Larkin, M. Long, P. Long, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
Merrick, Minor, Jim Morrison, Judy Morrison, Myers, Nichols, O'Brien, O'Neal, Osborne,
Palmer, Pauls, E. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn,
Reinhardt, Ruff, Sharp, Showalter, Shriver, Stone, Storm, Swenson, Tedder, Thimesch,
Toelkes, Toplikar, Vickrey, Vining, Wagle, Weiland, Wells, Welshimer.
Nays: Aurand, Ballou, Benlon, Bethell, Boston, Carmody, Compton, Cox, Dahl, Dreher,
Empson, Faber, Freeborn, Geringer, Gregory, Hayzlett, Hermes, Humerickhouse,
Jennison, Johnson, Phil Kline, Krehbiel, Light, Lightner, Lloyd, Loyd, Mason, Mollenkamp,
Neufeld, O'Connor, J. Peterson, Schwartz, Shultz, Sloan, Tanner, Tomlinson, Weber.
Present but not voting: None.
Absent or not voting: Spangler, Wilk.
The motion prevailed, and HB 2580 be passed as amended.
Committee report to HB 2938 be adopted; and the bill be passed as amended.
Committee report recommending a substitute bill to Sub. HB 2642 be adopted; also, on
motion of Rep. Grant be amended on page 1, in line 25, by striking ``inclusive of'' and
inserting ``excluding the''; and Sub. HB 2642 be passed as amended.
Committee report to HB 2557 be adopted; and the bill be passed as amended.
Committee report to HB 2685 be adopted; and the bill be passed as amended.
Committee report to HB 2905 be adopted; and the bill be passed as amended.
Committee report recommending a substitute bill to Sub. HB 2794 be adopted; and the
substitute bill be passed.
On motion of Rep. Dean to amend HB 2795, the motion was withdrawn. Also, on motion
to recommend the bill favorably for passage, the motion did not prevail.
On motion to recommend HB 2797 favorably for passage, the motion did not prevail.
Committee report to HB 2372 be adopted; and the bill be passed as amended.
Committee report to HB 2879 be adopted; and the bill be passed as amended.
Roll call was demanded on motion to recommend HB 2799 favorably for passage.
On roll call, the vote was: Yeas 93; Nays 25; Present but not voting: 1; Absent or not
voting: 6.
Yeas: Aday, Adkins, Alldritt, Allen, Ballard, Barnes, Benlon, Bethell, Boston, Burroughs,
Campbell, Compton, Cox, Crow, Dean, Dreher, Empson, Faber, Feuerborn, Findley,
Flaharty, Flora, Flower, Freeborn, Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant,
Haley, Helgerson, Henry, Hermes, Holmes, Horst, Huff, Humerickhouse, Jenkins, Johnson,
Johnston, Kirk, Klein, Phill Kline, Krehbiel, Kuether, Lane, Larkin, Light, Lightner, Lloyd,
M. Long, P. Long, Loyd, Mayans, McClure, McCreary, McKechnie, McKinney, Minor,
Judy Morrison, Myers, Nichols, O'Brien, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff,
Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff, Sharp, Showalter, Shriver, Shultz, Sloan,
Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey,
Weiland, Wells, Welshimer.
Nays: Ballou, Beggs, Carmody, Dahl, Edmonds, Farmer, Gregory, Hayzlett, Howell,
Hutchins, Jennison, Phil Kline, Landwehr, Mays, Merrick, Mollenkamp, Jim Morrison,
Neufeld, O'Connor, Osborne, Palmer, Powell, Schwartz, Vining, Weber.
Present but not voting: Aurand.
Absent or not voting: Henderson, Mason, O'Neal, Spangler, Wagle, Wilk.
The motion prevailed and HB 2799 be passed.
Rose and reported.
Upon unanimous consent, the House referred back to the regular order of business,
Introduction of Bills and Concurrent Resolutions.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
HB 3008, An act repealing K.S.A. 20-301b; relating to requiring at least one judge in
each county, by Committee on Appropriations.
INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Glasscock, pursuant to House Rule 2306, HB 2637, 2907 were
withdrawn from the Calendar under the heading, General Orders, and referred to
Committee on Calendar and Printing.
On motion of Rep. Glasscock, the House recessed until 2:00 p.m.
______
Afternoon Session
The House met pursuant to recess with Speaker pro tem Mays in the chair.
Reps. O'Neal and Shriver were excused on excused absence
for the remainder of the day.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Empson in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Empson, Committee of the Whole report, as follows, was adopted:
Recommended that HB 2801 be passed.
Committee report to HB 2810 be adopted; also, on motion of Rep. Faber to amend,
Rep. Tanner requested a ruling on the amendment being germane to the bill. The Rules
Chair ruled the amendment germane. The question then reverted back to the motion of
Rep. Faber and the bill be amended on page 6, after line 17 by inserting the following:
``Sec. 4. K.S.A. 1999 Supp. 72-1904 is hereby amended to read as follows: 72-1904. (a)
The board of education of any school district may authorize the establishment of a nonsec-
tarian, outcomes-oriented educational program, hereinafter referred to as a charter school,
as a means of providing new opportunities for:
(a) (1) Improved pupil learning;
(b) (2) increased learning opportunities for pupils in special areas of emphasis in accord
with themes established for charter schools;
(c) (3) creative and unconventional instructional techniques and structures;
(d) (4) new professional vistas for teachers who operate such schools or who choose to
work in them; and
(e) (5) freedom from conventional program constraints and mandates.
(b) No school district may operate more than two charter schools in any school year.
Sec. 5. K.S.A. 1999 Supp. 72-1906 is hereby amended to read as follows: 72-1906. (a)
The state board of education shall design and prescribe the format of a petition for estab-
lishment of charter schools. The petition shall be designed in a manner that will provide for
inclusion of a description of the key elements of the charter under which the school will be
operated. The board of education of a school district may adopt policies and procedures for
receiving, reviewing and screening petitions.
(b) A petition for the establishment of a charter school may be prepared and submitted
to the board of education of a school district by or on behalf of a school building or school
district employees group, an educational services contractor, or any other person or entity.
Any such petition shall be submitted by not later than December 1 of the school year
preceding the school year in which the charter school is proposed to be established.
(c) The board of education of a school district shall receive and review each petition for
establishment or continuation of a charter school and may grant or renew a charter for
operation of the school. The charter must contain the following key elements:
(1) A description of the educational program of the school, including the facilities that
will be used to house the program;
(2) a description of the level of interest and support on the part of school district em-
ployees, parents, and the community;
(3) specification of program goals and the measurable pupil outcomes consonant with
achieving the goals;
(4) explanation of how pupil performance in achieving the specified outcomes will be
measured, evaluated, and reported;
(5) the governance structure of the school, including the means of ensuring accounta-
bility to the board of education;
(6) a description of qualifications to be met by persons employed by the district for
assignment to the charter school;
(7) procedures that will be followed to ensure the health and safety of pupils and staff;
(8) criteria for admission of pupils, including a description of the lottery method to be
used if too many pupils seek enrollment in the school;
(9) manner in which annual financial and program audits will be conducted;
(10) pupil suspension and expulsion policies, to the extent there is deviation from dis-
trictwide policies;
(11) manner of pupil participation in the Kansas assessment program;
(12) terms and conditions of employment in the charter school;
(13) specification of the manner in which contracts of employment and status of certif-
icated employees of the district who participate in the operation of the school will be dealt
with upon nonrenewal or revocation of the charter or upon a decision by any such employees
to discontinue participation in the operation of the school;
(14) identification of school district policies, and state board of education rules and
regulations, and statutory requirements from which waiver is sought in order to facilitate
operation of the school and explanation of the reasons such waivers are being requested;
and
(15) the proposed school budget.
(d) In addition to satisfying a board of education with regard to the key elements con-
tained in the charter, a charter school must comply with the following requirements in order
to qualify for establishment or continuation:
(1) The school must be focused on outcomes or results and must participate in the
quality performance accreditation process unless a specific request documenting the reasons
for deviation from the process is submitted to and approved by the board of education and
the state board of education;
(2) pupils in attendance at the school must be reasonably reflective of the racial and
socio-economic composition of the school district as a whole;
(3) pupils may not be charged tuition; and
(4) compliance with applicable health, safety, and access laws must be assured.
(e) If, upon receipt of a petition for establishment or continuation of a charter school,
a board of education finds the petition to be incomplete, the board may request the nec-
essary information from the petitioner. After receiving a satisfactory petition, the board of
education shall give notice of the time, date and place for the holding of a public hearing
on the petition and shall rule on the petition within 30 days after the public hearing is held.
If the board of education approves the petition, the board shall notify the petitioner and
the state board of education within 30 days after the approval or by February 1 of the school
year preceding the school year in which the charter school is proposed to be established,
whichever is earlier. After being notified by a board of education of the approval of a petition,
the state board shall determine whether the charter school is in compliance with applicable
state and federal laws and rules and regulations. If the charter school is found to be in
compliance with such laws and rules and regulations, the state board shall approve estab-
lishment of the charter school. If the charter school is not in compliance with such laws and
rules and regulations, establishment of the school shall not be approved until the state
board's objections have been satisfied. If the state board receives notification of the approval
of petitions by boards of education for establishment of more than 15 charter schools that
are found to be in compliance with applicable state and federal laws and rules and regula-
tions, the state board shall select and approve establishment of the 15 charter schools
deemed to possess the greatest potential for successful operation. The state board shall
notify boards of education and petitioners for the establishment of a charter school of the
approval thereof by not later than April 1 of the school year preceding the school year in
which the charter school is proposed to be established.
(f) If a charter school that has been approved for establishment has sought waiver from
any school district policy, or state board of education rules and regulations, or statutory
requirements, the board of education of the school district in which the charter school will
be established may consider the reasons for which the waivers have been requested. If the
board of education determines that the reasons for seeking such waivers are meritorious
and legitimately related to successful operation of the charter school, the board of education
may grant waiver of school district policy and may make application, on behalf of the charter
school, to the state board of education for waiver of state board rules and regulations or
statutory requirements. The state board may consider the application for waiver and ap-
prove, deny, or amend and approve the application. Upon approval or amendment and
approval of the application, the charter school may operate under the terms and conditions
of the waiver. The manner and method of exercising the rights and performing the respon-
sibilities, duties and functions provided for under any school district policy, or state board
rules and regulations, or statutory requirements that are waived under authority of this
subsection shall be prescribed in the charter and governed thereby.
Sec. 6. K.S.A. 1999 Supp. 72-1907 is hereby amended to read as follows: 72-1907. (a)
Whenever a charter school has been approved for establishment or continuation by the
board of education of a school district and the state board of education, no other approval
shall be required for a period of three five school years. The board of education may consider
renewal of the operational status of the charter school at the conclusion of such three-year
five-year period and may either renew the charter and continue operation of the school,
subject to approval by the state board of education, or nonrenew the charter and discontinue
operation of the school. The board of education shall revoke the charter of a school if the
school:
(1) Materially violates provisions contained in the charter;
(2) fails to meet or pursue the educational objectives contained in the charter;
(3) fails to comply with fiscal accountability procedures as specified in the charter; or
(4) violates provisions of law rules and regulations of the state board of education that
have not been waived by the state board of education.
(b) Prior to nonrenewing or revoking a charter, a board of education shall hold a hearing
on the issues in controversy. Spokespersons for the charter school shall be provided the
opportunity to present information refuting the basis upon which the nonrenewal or revo-
cation is premised. At least 30 days notice must be provided to representatives of the charter
school prior to the hearing. Within 60 days after the hearing, the board of education shall
announce its decision on the nonrenewal or revocation issue. The board may abandon the
proposed nonrenewal or revocation, nonrenew or revoke the charter, or continue recogni-
tion of the charter contingent upon compliance with specified conditions. The decision of
a board of education to nonrenew or revoke a charter is not subject to appeal; however, the
to the state board of education as provided in subsection (f) of K.S.A. 1999 Supp. 72-1906,
and amendments thereto. Charter school authorities may renew procedures for authority to
operate a charter school.'';
Also on page 6, in line 18, following ``Supp.'' by inserting ``72-1904, 72-1905, 72-1906,
72-1907,'';
And by renumbering sections accordingly;
In the title on page 1, in line 10, by striking ``school districts'' and inserting ``schools; in
line 12, following the semicolon, by inserting ''rescinding the limitation on the number of
charter schools being operated in the state; ``; also in line 12, following ``Supp.'' by inserting
``72-1904, 72-1906, 72-1907,''; in line 13 before the period by inserting ``; also repealing
K.S.A. 1999 Supp. 72-1905'';
Also, on further motion of Rep. Faber to amend HB 2810, the motion was withdrawn.
Also, roll call was demanded on motion of Rep. Tanner to refer the bill to Committee on
Calendar and Printing.
On roll call, the vote was: Yeas 58; Nays 65; Present but not voting: 0; Absent or not
voting: 2.
Yeas: Adkins, Allen, Aurand, Ballard, Beggs, Benlon, Boston, Compton, Cox, Dreher,
Edmonds, Empson, Feuerborn, Flora, Flower, Geringer, Gilbert, Glasscock, Haley, Hay-
zlett, Helgerson, Henderson, Hermes, Holmes, Huff, Humerickhouse, Hutchins, Jenkins,
Jennison, Johnson, Phil Kline, Krehbiel, Kuether, Lane, Loyd, Mason, Minor, Jim Morrison,
Judy Morrison, Nichols, O'Brien, E. Peterson, J. Peterson, Phelps, Ray, Reinhardt, Ruff,
Schwartz, Showalter, Sloan, Stone, Storm, Swenson, Tanner, Toelkes, Tomlinson, Vickrey,
Wells.
Nays: Aday, Alldritt, Ballou, Barnes, Bethell, Burroughs, Campbell, Carmody, Crow,
Dahl, Dean, Faber, Farmer, Findley, Flaharty, Freeborn, Garner, Gatewood, Grant, Greg-
ory, Henry, Horst, Howell, Johnston, Kirk, Klein, Phill Kline, Landwehr, Larkin, Light,
Lightner, Lloyd, M. Long, P. Long, Mayans, Mays, McClure, McCreary, McKechnie, Mc-
Kinney, Merrick, Mollenkamp, Myers, Neufeld, O'Connor, Osborne, Palmer, Pauls, Pot-
torff, Powell, Powers, Reardon, Rehorn, Sharp, Shultz, Spangler, Tedder, Thimesch, To-
plikar, Vining, Wagle, Weber, Weiland, Welshimer, Wilk.
Present but not voting: None.
Absent or not voting: O'Neal, Shriver.
The motion of Rep. Tanner did not prevail, and HB 2810 be passed as amended.
Rep. Powers moved, pursuant to House Rule 2303, that the Committee reconsider its
action in the adoption of the Committee of the Whole report on HB 2750 (see Morning
Session, Committee of the Whole). The motion prevailed and the Committee proceeded to
reconsider the bill.
Also, on motion of Rep. Phil Kline HB 2750 be amended on page 1, following line 11,
by inserting:
``Section 4. K.S.A. 1999 Supp. 58-2005 is hereby amended to read as follows: 58-2005.
Before a subdivision plat or plat of survey may be recorded, it shall be reviewed by the
county surveyor. In the absence of the county surveyor, the county engineer may contract
with a land surveyor who shall review such subdivision plat or plat of survey and certify the
same if in compliance with the requirements of this act In the event the county does not
have a designated county surveyor, then the county engineer shall review the plat providing
the county engineer is also a registered land surveyor. In the absence of both a county
surveyor and a county engineer the plat shall be reviewed by a registered land surveyor
designated by the county. All cost for plat review and approval shall be charged back to the
applicant for plat approval. The county shall be responsible for the enforcement of this act;
the county surveyor or county engineer shall certify that such plat meets all the requirements
of this act. In the event that any such plat is required to be submitted to any planning
commission for review and approval or disapproval, such review and approval duly certified
upon the face of such plat shall not constitute full compliance with the review required in
this section unless reviewed by the county surveyor or county engineer.'';
By renumbering sections accordingly;
In the title, by striking all in line 9 and inserting:
``AN ACT concerning plats; amending K.S.A. 1999 Supp. 58-2005 and repealing the existing
section.''; and HB 2750 be passed as amended.
On motion of Rep. Phill Kline HB 2809 be amended on page 2, after line 38, by inserting
the following sections:
``Sec. 4. K.S.A. 60-1102 is hereby amended to read as follows: 60-1102. (a) Filing. Any
person claiming a lien on real property, under the provisions of K.S.A. 60-1101, and amend-
ments thereto, shall file with the clerk of the district court of the county in which property
is located, within four months 120 days when such property is residential property, and
within 180 days when such property is other than residential property, after the date ma-
terial, equipment or supplies, used or consumed was last furnished or last labor performed
under the contract a verified statement showing:
(1) The name of the owner,
(2) the name and address sufficient for service of process of the claimant,
(3) a description of the real property,
(4) a reasonably itemized statement and the amount of the claim, but if the amount of
the claim is evidenced by a written instrument, or if a promissory note has been given for
the same, a copy thereof may be attached to the claim in lieu of the itemized statement.
(b) Recording. Immediately upon the receipt of such statement the clerk of the court
shall index the lien in the general index by party names and file number.
Sec. 5. K.S.A. 60-1103 is hereby amended to read as follows: 60-1103. (a) Procedure.
Any supplier, subcontractor or other person furnishing labor, equipment, material or sup-
plies, used or consumed at the site of the property subject to the lien, under an agreement
with the contractor, subcontractor or owner contractor may obtain a lien for the amount
due in the same manner and to the same extent as the original contractor except that:
(1) The lien statement must state the name of the contractor and be filed within three
months 90 days when such property is residential property, and within 180 days when such
property is other than residential property, after the date supplies, material or equipment
was last furnished or labor performed by the claimant;
(2) if a warning statement is required to be given pursuant to K.S.A. 60-1103a, and
amendments thereto, there shall be attached to the lien statement the affidavit of the sup-
plier or subcontractor that such warning statement was properly given; and
(3) a notice of intent to perform, if required pursuant to K.S.A. 60-1103b, and amend-
ments thereto, must have been filed as provided by that section.
(b) Owner contractor is defined as any person, firm or corporation who:
(1) Is the fee title owner of the real estate subject to the lien; and
(2) enters into contracts with more than one person, firm or corporation for labor,
equipment, material or supplies used or consumed for the improvement of such real
property.
(c) Recording and notice. When a lien is filed pursuant to this section, the clerk of the
district court shall enter the filing in the general index. The claimant shall (1) cause a copy
of the lien statement to be served personally upon any one owner and any party obligated
to pay the lien in the manner provided by K.S.A. 60-304, and amendments thereto, for the
service of summons within the state, or by K.S.A. 60-308, and amendments thereto, for
service outside of the state, (2) mail a copy of the lien statement to any one owner of the
property and to any party obligated to pay the same by restricted mail or (3) if the address
of any one owner or such party is unknown and cannot be ascertained with reasonable
diligence, post a copy of the lien statement in a conspicuous place on the premises. The
provisions of this subsection requiring that the claimant serve a copy of the lien statement
shall be deemed to have been complied with, if it is proven that the person to be served
actually received a copy of the lien statement.
(d) Rights and liability of owner. The owner of the real property shall not become liable
for a greater amount than the owner has contracted to pay the original contractor, except
for any payments to the contractor made:
(1) Prior to the expiration of the three-month time period for filing lien claims as pro-
vided in subsection (a)(1), if no warning statement is required by K.S.A. 60-1103a, and
amendments thereto; or
(2) subsequent to the date the owner received the warning statement, if a warning
statement is required by K.S.A. 60-1103a, and amendments thereto.
The owner may discharge any lien filed under this section which the contractor fails to
discharge and credit such payment against the amount due the contractor.'';
By renumbering the remaining sections accordingly;
Also on page 2, in line 39, by striking ``and 8-1108'' and inserting ``, 8-1108, 60-1102 and
60-1103'';
In the title, in line 9, by striking ``relating to wrecker and towing service;''; in line 10, by
striking ``and 8-1108'' and inserting ``, 8-1108, 60-1102 and 60-1103''; and HB 2809 be
passed as amended.
Committee reports to HB 2450 be adopted; also, roll call was demanded on motion of
Rep. Nichols to amend on page 4, preceding line 22, by inserting new material to read as
follows:
``Sec. 4. K.S.A. 75-6702 is hereby amended to read as follows: 75-6702. (a) The last
appropriation bill passed in any regular session of the legislature shall be the omnibus rec-
onciliation spending limit bill. Each bill which is passed during a regular session of the
legislature and which appropriates or transfers money from the state general fund for the
ensuing fiscal year shall contain a provision that such bill shall take effect and be in force
from and after the effective date of the omnibus reconciliation spending limit bill for that
regular session of the legislature or from and after such effective date and a subsequent
date or an event occurring after such effective date.
(b) The maximum amount of expenditures and demand transfers from the state general
fund that may be authorized by act of the legislature during the 1994 regular session of the
legislature and each regular session of the legislature thereafter, is hereby fixed so that there
will be an ending balance in the state general fund for the ensuing fiscal year that is equal
to 71/2% or more of the total amount authorized to be expended or transferred by demand
transfer from the state general fund in such fiscal year, exclusive of the amount authorized
to be expended or transferred by demand transfer from the state general fund for the judicial
branch of state government in such fiscal year.'';
By renumbering the remaining sections accordingly;
Also on page 4, in line 22, by striking ``and 75-3721'' and inserting ``, 75-3721 and 75-
6702'';
In the title, on page 1, in line 12, by striking ``and 75-3721'' and inserting ``, 75-3721 and
75-6702'';
On roll call, the vote was: Yeas 38; Nays 80; Present but not voting: 0; Absent or not
voting: 7.
Yeas: Alldritt, Ballard, Barnes, Burroughs, Crow, Dean, Findley, Flaharty, Flora, Garner,
Gilbert, Grant, Haley, Henderson, Henry, Howell, Kirk, Klein, Kuether, M. Long, McClure,
McKechnie, McKinney, Minor, Nichols, O'Brien, Pauls, E. Peterson, Phelps, Reardon, Re-
horn, Reinhardt, Sharp, Spangler, Storm, Tedder, Thimesch, Toelkes.
Nays: Aday, Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Bethell, Boston, Campbell,
Carmody, Compton, Cox, Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn,
Flower, Freeborn, Gatewood, Geringer, Glasscock, Gregory, Hayzlett, Helgerson, Hermes,
Holmes, Horst, Huff, Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Phill
Kline, Krehbiel, Landwehr, Lane, Lightner, Lloyd, P. Long, Loyd, Mason, Mayans, Mays,
McCreary, Merrick, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, O'Connor,
Osborne, Palmer, J. Peterson, Pottorff, Powell, Powers, Ray, Schwartz, Showalter, Shultz,
Stone, Swenson, Tanner, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland,
Wells, Welshimer, Wilk.
Present but not voting: None.
Absent or not voting: Phil Kline, Larkin, Light, O'Neal, Ruff, Shriver, Sloan.
The motion of Rep. Nichols did not prevail, and on motion to recommend HB 2450
favorably for passage, the motion did not prevail.
Committee report to HB 2899 be adopted; and the bill be passed as amended.
Committee report to HB 2855 be adopted; also, on motion of Rep. McKinney be
amended on page 7, in line 2, after ``violated'' by inserting ``or that any announced conduct
of any person may have the effect of substantially lessened competition, tend to create a
monopoly, or otherwise violate this act'';
Also, on motion of Rep. Larkin HB 2855 be amended on page 9, after line 9 by inserting:
``Sec. 15. K.S.A. 75-715 is hereby amended to read as follows: 75-715. In any civil action
prosecuted by the attorney general for violation of any federal or state antitrust law or laws
in which moneys are recovered by the attorney general on behalf of the state or any political
subdivision thereof, or on behalf of any persons, firms, corporations, or associations, or any
combination or class thereof, by reason of any judgment, consent decree, or settlement, the
attorney general is hereby authorized and directed to deposit ten percent (10%) 20% of any
such moneys so recovered with the state treasurer in a special fund hereby created in the
state treasury to be known as the ``attorney general's antitrust special revenue fund.'' As
used in this section, ``moneys so recovered'' shall include damages, penalties, attorneys' fees,
costs, disbursements, refunds, rebates or any other monetary payment made or paid by any
defendant by reason of any such judgment, consent decree or settlement, after payment of
any costs or fees allocated by court order. The balance of such recovered moneys shall be
deposited with the state treasurer in a special fund, or funds, as may be required by the
attorney general, and shall be disbursed by the director of accounts and reports to the
beneficiaries thereof upon order of the attorney general.'';
Renumbering the remaining sections accordingly;
Also on page 9, in line 34 after ``75-713'' by inserting ``,75-715''
In the title, on page 1, in line 11, after ``50-153'' by inserting ``, 75-715''; and HB 2855
be passed as amended.
Committee report to HB 2755 be adopted; and the bill be passed as amended.
HB 2923, 2831 be passed over and retain a place on the Calendar.
Committee report to HB 2561 be adopted; also, on motion of Rep. Ballou be amended
on page 2, in line 19, by striking ``Is'' and inserting ``Has been damaged, destroyed, wrecked,
burned or submerged in water to the extent that such motor vehicle is''; and HB 2561 be
passed as amended.
Committee report to HB 2614 be adopted; also, on motion of Rep. Haley to amend,
Rep. Carmody rose on a point of order requesting a ruling of the Chair if the amendment
as presented was out of order. Rep. Haley subsequently withdrew the amendment.
Also, on further motion of Rep. Haley to amend HB 2614, the motion did not prevail.
Also, roll call was demanded on further motion of Rep. Haley to amend HB 2614 on page
2, following line 5, by inserting:
``Sec. 2. K.S.A. 1999 Supp. 21-4704 is hereby amended to read as follows: 21-4704. (a)
For purposes of sentencing, the following sentencing guidelines grid for nondrug crimes
shall be applied in felony cases for crimes committed on or after July 1, 1993:
(b) The provisions of this section shall be applicable to the sentencing guidelines grid
for nondrug crimes. Sentences expressed in such grid represent months of imprisonment.
(c) The sentencing guidelines grid is a two-dimensional crime severity and criminal
history classification tool. The grid's vertical axis is the crime severity scale which classifies
current crimes of conviction. The grid's horizontal axis is the criminal history scale which
classifies criminal histories.
(d) The sentencing guidelines grid for nondrug crimes as provided in this section defines
presumptive punishments for felony convictions, subject to judicial discretion to deviate for
substantial and compelling reasons and impose a different sentence in recognition of aggra-
vating and mitigating factors as provided in this act. The appropriate punishment for a felony
conviction should depend on the severity of the crime of conviction when compared to all
other crimes and the offender's criminal history.
(e) (1) The sentencing court has discretion to sentence at any place within the sen-
tencing range. The sentencing judge shall select the center of the range in the usual case
and reserve the upper and lower limits for aggravating and mitigating factors insufficient to
warrant a departure.
(2) In presumptive imprisonment cases, the sentencing court shall pronounce the com-
plete sentence which shall include the prison sentence, the maximum potential reduction
to such sentence as a result of good time and the period of postrelease supervision at the
sentencing hearing. Failure to pronounce the period of postrelease supervision shall not
negate the existence of such period of postrelease supervision.
(3) In presumptive nonprison cases, the sentencing court shall pronounce the prison
sentence as well as the duration of the nonprison sanction at the sentencing hearing.
(f) Each grid block states the presumptive sentencing range for an offender whose crime
of conviction and criminal history place such offender in that grid block. If an offense is
classified in a grid block below the dispositional line, the presumptive disposition shall be
nonimprisonment. If an offense is classified in a grid block above the dispositional line, the
presumptive disposition shall be imprisonment. If an offense is classified in grid blocks 5-
H, 5-I or 6-G, the court may impose an optional nonprison sentence upon making the
following findings on the record:
(1) An appropriate treatment program exists which is likely to be more effective than
the presumptive prison term in reducing the risk of offender recidivism; and
(2) the recommended treatment program is available and the offender can be admitted
to such program within a reasonable period of time; or
(3) the nonprison sanction will serve community safety interests by promoting offender
reformation.
Any decision made by the court regarding the imposition of an optional nonprison sen-
tence if the offense is classified in grid blocks 5-H, 5-I or 6-G shall not be considered a
departure and shall not be subject to appeal.
(g) The sentence for the violation of K.S.A. 21-3411, aggravated assault against a law
enforcement officer or K.S.A. 21-3415, aggravated battery against a law enforcement officer
and amendments thereto which places the defendant's sentence in grid block 6-H or 6-I
shall be presumed imprisonment. The court may impose an optional nonprison sentence
upon making a finding on the record that the nonprison sanction will serve community
safety interests by promoting offender reformation. Any decision made by the court regard-
ing the imposition of the optional nonprison sentence, if the offense is classified in grid
block 6-H or 6-I, shall not be considered departure and shall not be subject to appeal.
(h) When a firearm is used to commit any person felony, the offender's sentence shall
be presumed imprisonment. The court may impose an optional nonprison sentence upon
making a finding on the record that the nonprison sanction will serve community safety
interests by promoting offender reformation. Any decision made by the court regarding the
imposition of the optional nonprison sentence shall not be considered a departure and shall
not be subject to appeal.
(i) The sentence for the violation of the felony provision of K.S.A. 8-1567 and subsection
(c)(3) of K.S.A. 21-3412 and amendments thereto shall be as provided by the specific man-
datory sentencing requirements of that section and shall not be subject to the provisions of
this section or K.S.A. 21-4707 and amendments thereto. Notwithstanding the provisions of
any other section, the term of imprisonment imposed for the violation of the felony provision
of K.S.A. 8-1567 and subsection (c)(3) of K.S.A. 21-3412 and amendments thereto shall not
be served in a state facility in the custody of the secretary of corrections.
(j) The sentence for any persistent sex offender whose current convicted crime carries
a presumptive term of imprisonment shall be double the maximum duration of the pre-
sumptive imprisonment term. The sentence for any persistent sex offender whose current
conviction carries a presumptive nonprison term shall be presumed imprisonment and shall
be double the maximum duration of the presumptive imprisonment term. Except as oth-
erwise provided in this subsection, as used in this subsection, ``persistent sex offender'' means
a person who: (1) Has been convicted in this state of a sexually violent crime, as defined in
K.S.A. 22-3717 and amendments thereto; and (2) at the time of the conviction under sub-
section (1) has at least one conviction for a sexually violent crime, as defined in K.S.A. 22-
3717 and amendments thereto in this state or comparable felony under the laws of another
state, the federal government or a foreign government. The provisions of this subsection
shall not apply to any person whose current convicted crime is a severity level 1 or 2 felony.
(k) If it is shown at sentencing that the offender committed any felony violation for the
benefit of, at the direction of, or in association with any criminal street gang, with the specific
intent to promote, further or assist in any criminal conduct by gang members, the offender's
sentence shall be presumed imprisonment. Any decision made by the court regarding the
imposition of the optional nonprison sentence shall not be considered a departure and shall
not be subject to appeal. As used in this subsection, ``criminal street gang'' means any
organization, association or group of three or more persons, whether formal or informal,
having as one of its primary activities the commission of one or more person felonies or
felony violations of the uniform controlled substances act, K.S.A. 65-4101 et seq., and
amendments thereto, which has a common name or common identifying sign or symbol,
whose members, individually or collectively engage in or have engaged in the commission,
attempted commission, conspiracy to commit or solicitation of two or more person felonies
or felony violations of the uniform controlled substances act, K.S.A. 65-4101 et seq., and
amendments thereto, or any substantially similar offense from another jurisdiction.
(l) The sentence for a violation of subsection (a) of K.S.A. 21-3715 and amendments
thereto when such person being sentenced has a prior conviction for a violation of subsection
(a) or (b) of K.S.A. 21-3715 or 21-3716 and amendments thereto shall be presumed
imprisonment.
(m) If the offender commits a felony and intentionally selects the person against whom
the felony is committed or selects the property that is damaged or otherwise affected by the
felony committed by the offender in whole or in part because of the offender's belief or
perception regarding the race, color, religion, disability, sexual orientation, national origin,
ethnicity or ancestry of that person or the owner or occupant of that property, whether or
not the offender's belief or perception was correct, the offender's sentence shall be presumed
imprisonment and such sentence shall be up to double the maximum duration of the pre-
sumptive imprisonment term for the underlying felony.
Sec. 3. K.S.A. 1999 Supp. 21-4716 is hereby amended to read as follows: 21-4716. (a)
The sentencing judge shall impose the presumptive sentence provided by the sentencing
guidelines for crimes committed on or after July 1, 1993, unless the judge finds substantial
and compelling reasons to impose a departure. If the sentencing judge departs from the
presumptive sentence, the judge shall state on the record at the time of sentencing the
substantial and compelling reasons for the departure.
(b) (1) Subject to the provisions of subsection (b)(3), the following nonexclusive list of
mitigating factors may be considered in determining whether substantial and compelling
reasons for a departure exist:
(A) The victim was an aggressor or participant in the criminal conduct associated with
the crime of conviction.
(B) The offender played a minor or passive role in the crime or participated under
circumstances of duress or compulsion. This factor is not sufficient as a complete defense.
(C) The offender, because of physical or mental impairment, lacked substantial capacity
for judgment when the offense was committed. The voluntary use of intoxicants, drugs or
alcohol does not fall within the purview of this factor.
(D) The defendant, or the defendant's children, suffered a continuing pattern of phys-
ical or sexual abuse by the victim of the offense and the offense is a response to that abuse.
(E) The degree of harm or loss attributed to the current crime of conviction was sig-
nificantly less than typical for such an offense.
(2) Subject to the provisions of subsection (b)(3), the following nonexclusive list of ag-
gravating factors may be considered in determining whether substantial and compelling
reasons for departure exist:
(A) The victim was particularly vulnerable due to age, infirmity, or reduced physical or
mental capacity which was known or should have been known to the offender.
(B) The defendant's conduct during the commission of the current offense manifested
excessive brutality to the victim in a manner not normally present in that offense.
(C) The offense was motivated entirely or in part by the race, color, religion, ethnicity,
national origin or sexual orientation of the victim.
(D) The offense involved a fiduciary relationship which existed between the defendant
and the victim.
(E) (D) The defendant, 18 or more years of age, employed, hired, used, persuaded,
induced, enticed or coerced any individual under 16 years of age to commit or assist in
avoiding detection or apprehension for commission of any person felony or any attempt,
conspiracy or solicitation as defined in K.S.A. 21-3301, 21-3302 or 21-3303 and amendments
thereto to commit any person felony regardless of whether the defendant knew the age of
the individual under 16 years of age.
(F) (E) The defendant's current crime of conviction is a crime of extreme sexual violence
and the defendant is a predatory sex offender. As used in this subsection:
(i) ''Crime of extreme sexual violence`` is a felony limited to the following:
(a) A crime involving a nonconsensual act of sexual intercourse or sodomy with any
person;
(b) a crime involving an act of sexual intercourse, sodomy or lewd fondling and touching
with any child who is 14 or more years of age but less than 16 years of age and with whom
a relationship has been established or promoted for the primary purpose of victimization;
or
(c) a crime involving an act of sexual intercourse, sodomy or lewd fondling and touching
with any child who is less than 14 years of age.
(ii) ''Predatory sex offender`` is an offender who has been convicted of a crime of extreme
sexual violence as the current crime of conviction and who:
(a) Has one or more prior convictions of any crimes of extreme sexual violence. Any
prior conviction used to establish the defendant as a predatory sex offender pursuant to this
subsection shall also be counted in determining the criminal history category; or
(b) suffers from a mental condition or personality disorder which makes the offender
likely to engage in additional acts constituting crimes of extreme sexual violence.
(iii) ``Mental condition or personality disorder'' means an emotional, mental or physical
illness, disease, abnormality, disorder, pathology or condition which motivates the person,
affects the predisposition or desires of the person, or interferes with the capacity of the
person to control impulses to commit crimes of extreme sexual violence.
In determining whether aggravating factors exist as provided in this section, the court
shall review the victim impact statement.
(3) If a factual aspect of a crime is a statutory element of the crime or is used to
subclassify the crime on the crime severity scale, that aspect of the current crime of con-
viction may be used as an aggravating or mitigating factor only if the criminal conduct
constituting that aspect of the current crime of conviction is significantly different from the
usual criminal conduct captured by the aspect of the crime.
(c) In determining aggravating or mitigating circumstances, the court shall consider:
(1) Any evidence received during the proceeding;
(2) the presentence report;
(3) written briefs and oral arguments of either the state or counsel for the defendant;
and
(4) any other evidence relevant to such aggravating or mitigating circumstances that the
court finds trustworthy and reliable.'';
By renumbering the remaining sections accordingly;
Also on page 2, in line 6, by striking ``is'' and inserting ``and K.S.A. 1999 Supp. 21-4704
and 21-4716 are'';
On page 1, in the title, in line 11, following ``K.S.A. 21-4001'' by inserting ``and K.S.A.
1999 Supp. 21-4704 and 21-4716''; also in line 11, by striking ``section'' and inserting
``sections'';
On roll call, the vote was: Yeas 62; Nays 56; Present but not voting: 0; Absent or not
voting: 7.
Yeas: Adkins, Alldritt, Allen, Ballard, Barnes, Benlon, Burroughs, Crow, Dean, Edmonds,
Empson, Feuerborn, Findley, Flaharty, Flora, Garner, Gatewood, Gilbert, Grant, Haley,
Helgerson, Henderson, Henry, Horst, Hutchins, Johnston, Kirk, Klein, Kuether, Larkin, M.
Long, McClure, McKechnie, McKinney, Minor, Nichols, O'Brien, Pauls, E. Peterson,
Phelps, Pottorff, Powers, Reardon, Rehorn, Reinhardt, Ruff, Sharp, Showalter, Shultz,
Sloan, Spangler, Stone, Storm, Swenson, Tedder, Thimesch, Toelkes, Tomlinson, Weiland,
Wells, Welshimer, Wilk.
Nays: Aday, Aurand, Ballou, Beggs, Bethell, Boston, Campbell, Carmody, Compton, Cox,
Dahl, Dreher, Faber, Farmer, Flower, Freeborn, Geringer, Glasscock, Gregory, Hermes,
Holmes, Howell, Huff, Humerickhouse, Jenkins, Jennison, Johnson, Phill Kline, Krehbiel,
Lane, Light, Lightner, Lloyd, P. Long, Loyd, Mason, Mays, McCreary, Merrick, Mollen-
kamp, Jim Morrison, Judy Morrison, Myers, Neufeld, O'Connor, Osborne, Palmer, J. Pe-
terson, Powell, Ray, Schwartz, Tanner, Vickrey, Vining, Wagle, Weber.
Present but not voting: None.
Absent or not voting: Hayzlett, Phil Kline, Landwehr, Mayans, O'Neal, Shriver, Toplikar.
The motion of Rep. Haley prevailed.
Also, roll call was demanded on motion to recommend HB 2614 favorably for passage.
On roll call, the vote was: Yeas 77; Nays 41; Present but not voting: 0; Absent or not
voting: 7.
Yeas: Aday, Adkins, Alldritt, Allen, Ballard, Barnes, Beggs, Benlon, Bethell, Burroughs,
Campbell, Cox, Crow, Dean, Edmonds, Empson, Feuerborn, Findley, Flaharty, Flora,
Freeborn, Garner, Gatewood, Gilbert, Glasscock, Grant, Haley, Helgerson, Henderson,
Henry, Hermes, Holmes, Horst, Huff, Hutchins, Jenkins, Johnston, Kirk, Klein, Kuether,
Larkin, M. Long, P. Long, Loyd, Mayans, McClure, McKechnie, McKinney, Minor, Nich-
ols, O'Brien, Pauls, E. Peterson, Phelps, Pottorff, Powers, Reardon, Rehorn, Reinhardt,
Ruff, Sharp, Showalter, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tedder, Thimesch,
Toelkes, Tomlinson, Vickrey, Weiland, Wells, Welshimer, Wilk.
Nays: Aurand, Ballou, Boston, Carmody, Compton, Dahl, Dreher, Faber, Farmer,
Flower, Geringer, Gregory, Howell, Humerickhouse, Jennison, Johnson, Phill Kline, Kreh-
biel, Lane, Light, Lightner, Lloyd, Mason, Mays, McCreary, Merrick, Mollenkamp, Jim
orrison, Judy Morrison, Myers, Neufeld, O'Connor, Osborne, Palmer, J. Peterson, Powell,
Ray, Schwartz, Vining, Wagle, Weber.
Present but not voting: None.
Absent or not voting: Hayzlett, Phil Kline, Landwehr, O'Neal, Shriver, Tanner, Toplikar.
The motion prevailed and HB 2614 be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Appropriations recommends HB 2017 be passed.
The Committee on Education recommends HB 2961 be passed.
INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Glasscock, pursuant to House Rule 2306, HB 2923 was withdrawn
from the Calendar under the heading, General Orders, and referred to Committee on
Calendar and Printing.
MESSAGE FROM THE SENATE
Announcing passage of SB 138, 231; Sub. SB 322; SB 417, 428, 445, 446, 448, 463,
464, 485, 488, 499, 512, 513, 514, 521, 528, 531, 540, 543, 545, 556, 560, 586, 588.
Also, adoption of SCR 1629; Sub. SCR 1634; SCR 1636.
Also, announcing passage of Sub. HB 2290, as amended.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bills and concurrent resolutions were thereupon introduced and
read by title:
SB 138, 231; Sub. SB 322; SB 417, 428, 445, 446, 448, 463, 464, 485, 488, 499,
512, 513, 514, 521, 528, 531, 540, 543, 545, 556, 560, 586, 588; SCR 1629; Sub. SCR
1634; SCR 1636.
REPORT ON ENGROSSED BILLS
HB 2103, 2372, 2557, 2559, 2580; Sub. HB 2642; HB 2685, 2700, 2757, 2762,
2879, 2938, 2975, 2976 reported correctly engrossed February 24, 2000.
On motion of Rep. Glasscock, the House adjourned until 9:00 a.m., Friday, February 25,
2000.
CHARLENE SWANSON, Journal Clerk.
JANET E. JONES, Chief Clerk.