March 23, 2000

Journal of the House

FIFTY-SECOND DAY ______

Hall of the House of Represenatitives

Topeka, KS, Thursday, March 23, 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. Johnston was excused on excused absence by the Speaker.

Present later: Rep. Johnston.

Prayer by guest chaplain, the Rev. Vern Barnet, DMn, Minister in Residence, Center for
Religious Experience and Study, Overland Park, and guest of Rep. Adkins:

Infinite and Ultimate Mystery,

The Citizens of Kansas call you by many names--

God, Yahweh, Wankantaka, Allah, Brahman, Goddess, Sat Nam,
Creative Interchange, Void, Ahura Mazda, Ground of Being--

These names planted and transplanted here, in Kansas soil, the great
traditions of the world now growing in our own garden.

We are joined as a sunflower is joined with the plains while it reaches
upward beyond itself.

We are joined as the rivers and streams of Kansas are joined as they
travel to the oceans of the planet.

We are joined as the eagle is joined with the sky.

So are we joined in this chamber with the citizens on whose behalf
we hold offices of trust,

And joined with past and future as we live together honoring you as
the Eternal Spirit of Service.

You, who from ancient times has joined us in shapes like covenant,
compact, and constitution as means by which we may co-create
a humane, educated, and prosperous society,

You, Spirit of Generations, bless all those here and everywhere serving
the public weal in many ways;

On this new day, accept us anew as we join again with the calls to
stewardship, liberty, justice, righteousness and love. Amen.

The Pledge of Allegiance was led by Rep. Klein.

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

Education: SB 657.

Federal and State Affairs: Sub. SB 652.

Insurance: SB 651.

Kansas 2000 Select: HB 3045.

MESSAGE FROM THE SENATE
Announcing passage of SB 327.

Announcing passage of HB 2592, 2596, 2600.

Announcing passage of HB 2011, as amended; HB 2646, as amended; HB 2648, as
amended; HB 2670, as amended; HB 2696, as amended; HB 2780, as amended; HB
2879, as amended by S. Sub. for HB 2879; HB 2929, as amended.

The Senate nonconcurs in House amendments to SB 512, requests a conference and has
appointed Senators Praeger, Vratil and Steineger as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to SB 574, requests a conference and has
appointed Senators Steffes, Praeger and Feleciano as conferees on the part of the Senate.

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

SB 327.

INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 512.

Speaker pro tem Mays thereupon appointed Reps. Boston, Geringer and Henry as con-
ferees on the part of the House.

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 574.

Speaker pro tem Mays thereupon appointed Reps. Tomlinson, Myers and Phelps as con-
ferees on the part of the House.

MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY
The motion of Rep. McKinney, in accordance with subsection (b) of House Rule 1309,
that HB 3022 be withdrawn from Committee on Insurance and be placed on the calendar
as the first order of business under the order of business General Orders, was considered.

Roll call was demanded.

On roll call, the vote was: Yeas 47; Nays 75; Present but not voting: 0; Absent or not
voting: 3.

Yeas: Alldritt, Ballard, Barnes, Burroughs, Crow, Dean, Feuerborn, Findley, Flaharty,
Flora, Garner, Gatewood, Gilbert, Grant, Haley, Helgerson, Henderson, Henry, Kirk, Klein,
Kuether, Larkin, M. Long, P. Long, McClure, McKechnie, McKinney, Minor, Nichols,
O'Brien, Pauls, E. Peterson, Phelps, Reardon, Rehorn, Reinhardt, Sharp, Showalter,
Shriver, Spangler, Storm, Tedder, Thimesch, Toelkes, Weiland, Wells, Welshimer.

Nays: Aday, Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Bethell, Boston, Campbell,
Carmody, Compton, Cox, Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Flower, Free-
born, Geringer, Glasscock, Gregory, Hayzlett, Hermes, Holmes, Horst, Howell, Huff, Hu-
merickhouse, Hutchins, Jenkins, Jennison, Johnson, Phil Kline, Phill Kline, Krehbiel, Land-
wehr, Lane, Light, Lightner, Lloyd, Loyd, Mason, Mayans, Mays, McCreary, Merrick,
Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne,
Palmer, J. Peterson, Pottorff, Powers, Ray, Schwartz, Shultz, Sloan, Stone, Swenson, Tanner,
Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Wilk.

Present but not voting: None.

Absent or not voting: Johnston, Powell, Ruff.

Not having received the required 70 votes, the motion did not prevail.

CONSENT CALENDAR
No objection was made to HB 2858 appearing on the Consent Calendar for the first day.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
HB 2678, An act relating to sales taxation; exempting certain sales therefrom; amending
K.S.A. 1999 Supp. 79-3603 and 79-3606 and repealing the existing sections, was considered
on final action.

On roll call, the vote was: Yeas 64; Nays 60; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Beggs, Bethell, Boston, Campbell, Cox, Dreher, Edmonds, Empson,
Faber, Farmer, Flower, Geringer, Glasscock, Gregory, Hayzlett, Henry, Hermes, Holmes,

Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins, Johnson, Phil Kline, Phill Kline,
Krehbiel, Landwehr, Lane, Light, Lightner, Mason, Mays, McCreary, Merrick, Minor, Mol-
lenkamp, Jim Morrison, Judy Morrison, Myers, O'Connor, Osborne, Palmer, J. Peterson,
Pottorff, Powell, Powers, Ray, Reinhardt, Shriver, Shultz, Sloan, Stone, Storm, Tanner,
Tomlinson, Toplikar, Vickrey, Wagle, Weber, Weiland.

Nays: Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Benlon, Burroughs, Carmody,
Compton, Crow, Dahl, Dean, Feuerborn, Findley, Flaharty, Flora, Freeborn, Garner, Ga-
tewood, Gilbert, Grant, Haley, Helgerson, Henderson, Jennison, Kirk, Klein, Kuether, Lar-
kin, Lloyd, M. Long, P. Long, Loyd, Mayans, McClure, McKechnie, McKinney, Neufeld,
Nichols, O'Brien, O'Neal, Pauls, E. Peterson, Phelps, Reardon, Rehorn, Ruff, Schwartz,
Sharp, Showalter, Spangler, Swenson, Tedder, Thimesch, Toelkes, Vining, Wells, Welshi-
mer, Wilk.

Present but not voting: None.

Absent or not voting: Johnston.

The bill passed, as amended.

HB 2814, An act establishing the senior pharmacy assistance program; providing for
administration of the program by the secretary of aging, was considered on final action.

On roll call, the vote was: Yeas 122; Nays 2; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Barnes, Beggs, Benlon, Bethell, Bos-
ton, 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, Hen-
derson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins,
Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin,
Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure, Mc-
Creary, McKechnie, McKinney, Merrick, Minor, Mollenkamp, Jim Morrison, Judy Morri-
son, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Pe-
terson, 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: Ballou, Jennison.

Present but not voting: None.

Absent or not voting: Johnston.

The bill passed, as amended.

EXPLANATIONS OF VOTE Mr. Speaker: I vote yes on HB 2814 in spite of knowing that it does not accomplish
what it should and could. While Republicans, on a straight party line vote, chose to support
foreign insurance investors over the health needs of older Kansans, they charged others
with partisanship.

Having to choose between food or medicine is a sad choice for seniors while House
Republican leadership shamelessly protects out-of-state insurance investors. That is truly
playing politics! --Ethel M. Peterson, Marti Crow, Geraldine Flaharty, Bob
Grant, Vaughn Flora, George R. Dean, Jonathan Wells

Mr. Speaker: Without any clarification on income level being earned or unearned in-
come, a person retired with little or no earned income having an untaxable pension plus
investments from banks and other areas would qualify. This person has no or very little
earned income because they do not have to work. On the other hand, a person or couple
with only social security no investment income having to work full time just to pay their
bills, will have too high of an earned income level and will not qualify for the Senior Phar-
macy Assistance Program. For this reason, I vote no on HB 2814.--John Ballou

Mr. Speaker: I vote yes on HB 2814. While this bill begins the process of offering help
to Kansas seniors who struggle daily with the high costs of prescription drugs, I can't help
but feel this House missed an opportunity to make this legislation even better by rejecting
the Garner amendment.

Unfortunately, the Republican majority chose to side with the large insurance companies
rather than Kansas seniors. Ironically, many of the same Republicans who yesterday so
strenuously defended tax breaks for insurance companies, saw fit to increase gas taxes on
Kansas families last session. We all have our priorities.--Tom Burroughs

Mr. Speaker: I vote yes on HB 2814 in spite of knowing it does not do enough. We
had the opportunity to do more but didn't. The number of senior citizens that have to
choose between food or medicine is a growing problem in our state.

This is causing too many of our seniors to lose hope. We in America have the best medical
care and the best medicine in the world. A growing number of seniors can't afford it.

Leaders must work harder to ensure those that can't afford it will be helped the most.--
Daniel J. Thimesch

HB 3007, An act relating to reporting requirements of the department of revenue con-
cerning local excise taxes; amending K.S.A. 1999 Supp. 12-189, 12-1694, 12-1698 and 75-
5133 and repealing the existing sections; also repealing K.S.A. 1999 Supp. 12-189c, was
considered on final action.

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

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, 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, Helger-
son, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jenkins, Jennison, Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Land-
wehr, 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: Johnston.

The bill passed.

HB 3011, An act concerning the Kansas investments in major projects and comprehen-
sive training act; amending K.S.A. 1999 Supp. 74-50,103, 74-50,104, 74-50,106 and 74-
50,111 and repealing the existing sections, was considered on final action.

On roll call, the vote was: Yeas 121; Nays 3; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Alldritt, Allen, Ballard, Barnes, Beggs, Benlon, Bethell, Boston, Bur-
roughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Edmonds, Emp-
son, 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, Jenni-
son, Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Lar-
kin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure,
McCreary, McKechnie, McKinney, Merrick, Minor, Mollenkamp, Jim Morrison, Judy Mor-
rison, 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, Ballou, Faber.

Present but not voting: None.

Absent or not voting: Johnston.

The bill passed, as amended.

HCR 5070, A concurrent resolution urging the Department of Agriculture, Department
of Commerce, Kansas State Research and Extension of the College of Agriculture, Kansas
Cattlemen's Association, Kansas Farm Bureau, Kansas Farmers Union, Kansas Pork Pro-
ducers Council, Kansas Livestock Association and the independent small locker plants to
assist producers of beef, pork and poultry to market their own products, was considered on
final action.

On roll call, the vote was: Yeas 122; Nays 2; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, 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, Haley, Hayzlett, Helgerson, Henderson,
Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins, Jenni-
son, Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Lar-
kin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure,
McCreary, McKechnie, McKinney, Merrick, Minor, Mollenkamp, Jim Morrison, Judy Mor-
rison, 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: Carmody, Gregory.

Present but not voting: None.

Absent or not voting: Johnston.

The resolution was adopted.

HR 6011, A resolution requesting the State Corporation Commission to conduct a review
and study of the ``one-call'' law and system and submit a report and recommendations to
the Legislature and Governor, was considered on final action.

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

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, 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, Helger-
son, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jenkins, Jennison, Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Land-
wehr, 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: Johnston.

The resolution was adopted, as amended.

H. Sub. for SB 40, An act concerning state officers and employees; relating to compen-
sation and related benefits and policies; concerning the closure or relocation of certain
programs or functions; prescribing benefits for certain officers and employees laid off there-
from; amending K.S.A. 75-4376 and 75-5549 and K.S.A. 1999 Supp. 46-233 and repealing
the existing sections; also repealing K.S.A. 1999 Supp. 75-6801, was considered on final
action.

On roll call, the vote was: Yeas 105; Nays 19; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Alldritt, Allen, Ballard, Barnes, Beggs, Benlon, Bethell, Boston, Bur-
roughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Empson, Faber,

Feuerborn, Findley, Flaharty, Flora, Flower, Garner, Gatewood, Geringer, Gilbert, Glas-
scock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst,
Howell, Huff, Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Kirk, Klein, Phil
Kline, Phill Kline, Kuether, Larkin, Light, Lightner, M. Long, Mason, Mayans, Mays, Mc-
Clure, McCreary, McKechnie, McKinney, Merrick, Minor, Jim Morrison, Judy Morrison,
Neufeld, Nichols, O'Brien, O'Neal, Osborne, Pauls, E. Peterson, J. Peterson, Phelps, Pot-
torff, Powers, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver,
Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tom-
linson, Toplikar, Vickrey, Vining, Wagle, Weiland, Wells, Welshimer, Wilk.

Nays: Aurand, Ballou, Edmonds, Farmer, Freeborn, Gregory, Krehbiel, Landwehr, Lane,
Lloyd, P. Long, Loyd, Mollenkamp, Myers, O'Connor, Palmer, Powell, Ray, Weber.

Present but not voting: None.

Absent or not voting: Johnston.

The substitute bill passed, as amended.

SB 248, An act concerning state educational institutions under the control and supervision
of the state board of regents; relating to certain capital improvement projects; amending
K.S.A. 76-833 and repealing the existing section, was considered on final action.

On roll call, the vote was: Yeas 76; Nays 48; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Allen, Ballard, Ballou, Beggs, Benlon, Bethell, Boston, Carmody,
Compton, Cox, Dreher, Empson, Farmer, Feuerborn, Findley, Flora, Geringer, Glasscock,
Grant, Hayzlett, Henry, Holmes, Horst, Huff, Humerickhouse, Jenkins, Jennison, Johnson,
Phil Kline, Phill Kline, Krehbiel, Lane, Light, Lightner, Lloyd, P. Long, Loyd, Mayans,
Mays, McCreary, Merrick, Minor, Judy Morrison, Myers, Neufeld, O'Connor, O'Neal, Os-
borne, E. Peterson, J. Peterson, Phelps, Pottorff, Powers, Ray, Rehorn, Reinhardt, Ruff,
Schwartz, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Tedder, Tom-
linson, Toplikar, Vickrey, Weiland, Wells, Welshimer, Wilk.

Nays: Alldritt, Aurand, Barnes, Burroughs, Campbell, Crow, Dahl, Dean, Edmonds, Fa-
ber, Flaharty, Flower, Freeborn, Garner, Gatewood, Gilbert, Gregory, Haley, Helgerson,
Henderson, Hermes, Howell, Hutchins, Kirk, Klein, Kuether, Landwehr, Larkin, M. Long,
Mason, McClure, McKechnie, McKinney, Mollenkamp, Jim Morrison, Nichols, O'Brien,
Palmer, Pauls, Powell, Reardon, Sharp, Spangler, Thimesch, Toelkes, Vining, Wagle, Weber.

Present but not voting: None.

Absent or not voting: Johnston.

The bill passed, as amended.

SB 393, An act relating to governmental audits and reviews; concerning the legislative
post audit act and the Kansas governmental operations accountability law; amending K.S.A.
46-1109, 74-7286, 74-7295, 74-7296 and 74-72,101 and K.S.A. 1999 Supp. 74-7285, 74-
7289, 74-7290, 74-7291, 74-7292, 74-7293, 74-7294, 74-7298, 74-7299, 74-72,100, 74-
72,102, 74-72,103 and 74-72,104 and repealing the existing sections; also repealing K.S.A.
74-7297 and K.S.A. 1999 Supp. 74-7288 and 74-72,105, was considered on final action.

On roll call, the vote was: Yeas 119; Nays 5; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Garner, Gatewood,
Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins, Jennison, John-
son, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light,
Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary,
McKinney, 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, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vining, Wagle, Weber, Weiland, Wells, Welshimer,
Wilk.

Nays: Edmonds, Freeborn, Hermes, McKechnie, Vickrey.

Present but not voting: None.

Absent or not voting: Johnston.

The bill passed, as amended.

SB 410, An act relating to taxation; providing benefits and incentives for statutory com-
pliance by certain taxpayers; amending K.S.A. 79-1009, 79-2974, 79-3228, 79-3295, 79-3296,
79-3298, 79-3299, 79-32,100, 79-32,101, 79-32,106, 79-3615, 79-3706 and 79-41a03a and
repealing the existing sections; also repealing K.S.A. 79-3297a, was considered on final
action.

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

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, 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, Helger-
son, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jenkins, Jennison, Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Land-
wehr, 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: Johnston.

The bill passed, as amended.

SB 447, An act concerning civil procedure; relating to subpoenas of business records;
amending K.S.A. 1999 Supp. 60-245a and repealing the existing section, was considered on
final action.

On roll call, the vote was: Yeas 123; Nays 1; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Helger-
son, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jenkins, Jennison, Johnson, 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: Johnston.

The bill passed, as amended.

SB 471, An act concerning crimes, criminal procedure and punishment; relating to sen-
tencing; aggravating factors in departure sentencing; amending K.S.A. 21-4717 and K.S.A.
1999 Supp. 21-4716 and repealing the existing sections, was considered on final action.

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

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, 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, Helger-
son, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jenkins, Jennison, Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Land-
wehr, 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: Johnston.

The bill passed, as amended.

SB 475, An act concerning the interstate emergency management assistance compact;
authorizing the governor to execute such compact on behalf of the state, 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, Adkins, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Bethell, Bos-
ton, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, 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, Jenni-
son, Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Lar-
kin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure,
McCreary, McKinney, Merrick, Minor, Jim Morrison, Myers, Neufeld, Nichols, O'Brien,
O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Pow-
ell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver,
Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Tedder, Toelkes, Tomlinson, To-
plikar, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

Nays: Alldritt, Edmonds, McKechnie, Mollenkamp, Judy Morrison, Thimesch, Vickrey.

Present but not voting: None.

Absent or not voting: Johnston.

The bill passed, as amended.

SB 502, An act allowing certain oil lease working interest property tax refunds; repealing
K.S.A. 1999 Supp. 79-32,208, was considered on final action.

On roll call, the vote was: Yeas 119; Nays 5; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Barnes, Beggs, Benlon, Bethell, Bos-
ton, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Edmonds,
Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Freeborn, Garner, Gate-
wood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Hender-
son, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins,
Jennison, Johnson, 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 Mor-
rison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E.
Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Reardon, Reinhardt, Ruff, Sharp,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wel-
shimer, Wilk.

Nays: Ballou, Flower, Ray, Rehorn, Schwartz.

Present but not voting: None.

Absent or not voting: Johnston.

The bill passed, as amended.

SB 514, An act concerning the state corporation commission; relating to compromise of
certain civil penalties; amending K.S.A. 66-1,152 and repealing the existing section, was
considered on final action.

On roll call, the vote was: Yeas 121; Nays 3; Present but not voting: 0; Absent or not
voting: 1.

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

Nays: Edmonds, Phill Kline, Spangler.

Present but not voting: None.

Absent or not voting: Johnston.

The bill passed, as amended.

SB 526, An act concerning asset forfeiture; allocation of forfeited property; amending
K.S.A. 1999 Supp. 60-4117 and repealing the existing section, was considered on final action.

On roll call, the vote was: Yeas 71; Nays 53; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Allen, Ballard, Ballou, Beggs, Benlon, Bethell, Boston, Burroughs,
Campbell, Carmody, Compton, Cox, Dreher, Empson, Feuerborn, Flaharty, Flower, Free-
born, Geringer, Glasscock, Hayzlett, Henry, Hermes, Holmes, Horst, Huff, Humerick-
house, Hutchins, Jenkins, Jennison, Johnson, Klein, Phil Kline, Lane, Larkin, Light, Light-
ner, Lloyd, M. Long, P. Long, Loyd, Mason, Mays, McClure, Jim Morrison, Myers, Neufeld,
O'Connor, O'Neal, Pauls, J. Peterson, Pottorff, Powell, Ray, Rehorn, Reinhardt, Schwartz,
Sharp, Showalter, Shultz, Sloan, Stone, Tanner, Tomlinson, Toplikar, Vining, Wagle, Wei-
land, Wilk.

Nays: Alldritt, Aurand, Barnes, Crow, Dahl, Dean, Edmonds, Faber, Farmer, Findley,
Flora, Garner, Gatewood, Gilbert, Grant, Gregory, Haley, Helgerson, Henderson, Howell,
Kirk, Phill Kline, Krehbiel, Kuether, Landwehr, Mayans, McCreary, McKechnie, McKin-
ney, Merrick, Minor, Mollenkamp, Judy Morrison, Nichols, O'Brien, Osborne, Palmer, E.
Peterson, Phelps, Powers, Reardon, Ruff, Shriver, Spangler, Storm, Swenson, Tedder, Thi-
mesch, Toelkes, Vickrey, Weber, Wells, Welshimer.

Present but not voting: None.

Absent or not voting: Johnston.

The bill passed.

SB 540, An act relating to motor vehicles; concerning demonstration permits for trucks
and truck tractors; amending K.S.A. 8-143g and repealing the existing section, was consid-
ered on final action.

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

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, 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, Helger-
son, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jenkins, Jennison, Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Land-
wehr, 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: Johnston.

The bill passed.

SCR 1636, A concurrent resolution in support of the University of Kansas Alzheimer's
disease center's pilot project, was considered on final action.

On roll call, the vote was: Yeas 121; Nays 3; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, Boston, Burroughs, Campbell, Compton, Cox, Crow, Dahl, Dean, Dreher, Edmonds,
Empson, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn, Garner, Gate-
wood, Geringer, Gilbert, Glasscock, Grant, Gregory, Hayzlett, Helgerson, Henderson,
Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins, Jenni-
son, Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Lar-
kin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure,
McCreary, McKechnie, McKinney, Merrick, Minor, Mollenkamp, Jim Morrison, Judy Mor-
rison, 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: Carmody, Faber, Haley.

Present but not voting: None.

Absent or not voting: Johnston.

The resolution was adopted.

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

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

Recommended that HB 3020, 3019; SB 534 be passed.

SCR 1645 be adopted.

Committee report recommending a substitute bill and the committee report amending
Sub. HB 2591 be adopted; also, on motion of Rep. O'Connor to rerefer the bill to Com-
mittee on Education, the motion was withdrawn. Also, on further motion of Rep. O'Connor
to rerefer the bill to Committee on Utilities, the motion did not prevail; and the substitute
bill be passed as amended.

Committee report to SB 501 be adopted; and the bill be passed as amended.

Committee report to SB 642 be adopted; and the bill be passed as amended.

SB 532, 533, 463 be passed over and retain a place on the calendar.

Committee report to Sub. SB 599 be adopted; and the substitute bill be passed as
amended.

Committee report to SB 517 be adopted; and the bill be passed as amended.

Committee report to SB 611 be adopted; and the bill be passed as amended.

On motion of Rep. Benlon to amend SB 515, the motion did not prevail, and the bill be
passed.

On motion of Rep. McKinney SB 465 be amended after line 12, by inserting the
following:

``Section 1. K.S.A. 19-4470 is hereby amended to read as follows: 19-4470. (a) The
provisions of this act shall apply ~~only to counties of this state having~~ to any county which
has:

(1) A population of more than ~~five thousand (5,000)~~ 5,000 and less than ~~twelve thousand~~
~~(12,000)~~ 12,000 and an assessed taxable tangible valuation of more than ~~seventy-five million~~
~~dollars ($75,000,000), to counties having~~ $75,000,000;

(2) a population of more than ~~three thousand eight hundred (3,800)~~ 3,800 and less than
~~four thousand three hundred (4,300)~~ 4,300 and an assessed taxable tangible valuation of
more than ~~twenty-one million dollars ($21,000,000)~~ $21,000,000 and less than ~~twenty-four~~
~~million dollars ($24,000,000), and to counties having~~ $24,000,000; or

(3) a population of more than ~~three thousand (3,000)~~ 3,000 and not more than ~~four~~
~~thousand (4,000)~~ 4,000 and an assessed taxable tangible valuation of more than ~~twenty-eight~~
~~million dollars ($28,000,000)~~ $28,000,000 and not more than ~~fifty million dollars~~
~~($50,000,000), in which the question of the adoption of the provisions of this act shall have~~
~~been submitted to and shall have been approved by the qualified electors of the county in~~
~~the manner provided herein~~ $50,000,000.

(b) The board of county commissioners of any such county, by resolution adopted not
less than ~~ninety (90)~~ 90 days preceding the date fixed for the holding of ~~the primary election~~
~~in the month of August of an even-numbered year,~~: (1) The primary election in the month
of August of an even-numbered year; (2) the general election in the month of April of an
odd-numbered year; or (3) any special election at which all qualified electors of the county
are eligible to vote; may direct the county election officer to place such proposition on the
ballot at ~~said~~ such ~~primary~~ election. The board of county commissioners shall direct its
placement on the ballot whenever ~~(1)~~ the governing body of any city located within the
county, having a population equal to not less than ~~twenty-five percent (25%)~~ 25% of the
total population of such county shall request that such proposition be placed on the ballot,
by resolution adopted not less than ~~ninety (90)~~ 90 days preceding the date fixed for the
holding of ~~the primary election in the month of August of an even-numbered year,~~: (1) The
primary election in the month of August of an even-numbered year; (2) the general election
in the month of April of an odd-numbered year; or (3) any special election at which all
qualified electors of the county are eligible to vote. ~~or (2)~~ The board of county commissioners
also shall direct the placement of the question on the ballot whenever the county election
officer ~~shall certify~~ certifies that a petition, requesting that the proposition be placed on the
ballot and signed by qualified electors of such county equal in number to not less than ~~five~~
~~percent (5%)~~ 5% of the qualified electors of the county, has been filed in the county election
office not less than ~~ninety (90)~~ 90 days preceding the date fixed for the holding of ~~The~~
~~primary election in the month of August of an even-numbered year~~: (1) The primary election
in the month of August of an even-numbered year; (2) the general election in the month of
April of an odd-numbered year; or (3) any special election at which all qualified electors of
the county are eligible to vote. Notice of any election held pursuant to this section shall be
given in the manner prescribed by K.S.A. 10-120, and amendments thereto.

Upon the ballot the proposition shall be stated as follows:

``Shall the county of ____________________

(Name of county)

adopt the provisions of the 1974 consolidated law enforcement act, as contained in K.S.A.
19-4468 to 19-4486, inclusive, and ~~any~~ amendments thereto, whereby a county law enforce-
ment agency assumes control of the principal law enforcement duties presently held by the
county and the cities therein?''

If a majority of the votes cast upon such proposition shall be in favor thereof, the provi-
sions of this act shall govern the enforcement of law and the providing of police protection
within such county in the manner hereinafter provided.

Sec. 2. K.S.A. 19-4471 is hereby amended to read as follows: 19-4471. (a) There is
hereby established in each county adopting the provisions of this act a county law enforce-
ment system board. The board shall have five ~~(5)~~ members who ~~must~~ shall be residents of
such county, and shall not be employed by the agency as an officer nor in any other capacity,
~~and~~. Members of the board shall be selected in the following manner:

(1) One ~~(1)~~ member shall be the ~~chairman~~ chairperson of the board of county com-
missioners of such county, or ~~his~~ such chairperson's designee;

(2) one ~~(1)~~ member shall be the mayor of the largest city located within such county,
or ~~his~~ the mayor's designee;

(3) one ~~(1)~~ member shall be the county attorney of such county; and

(4) two ~~(2)~~ members shall be elected by the qualified electors of the county to serve for
terms of ~~two (2)~~ four years, except as provided in subsection (b). ~~The other members of the~~
~~board, or their designees, who are members ex officio~~.

Members specified in paragraphs (1), (2) and (3) of this subsection shall remain eligible
to serve as such only while holding such county or city office.

~~The elective members of the board shall be elected at the general election following the~~
~~primary election at which the proposition for consolidated law enforcement in such county~~
~~is adopted.~~

(b) (1) If the proposition for consolidated law enforcement in such county was approved
at an election held in an even-numbered year, the elective members of the board shall be
elected at the general election in that year.

(2) If the proposition for consolidated law enforcement in such county was approved at
an election held in an odd-numbered year, the elective members of the board shall be elected
at the general election in the next even-numbered year.

(c) Any person seeking election to such positions shall file a declaration of candidacy
with the county election officer within ~~thirty (30)~~ 30 days after ~~such primary election , and~~
certification of the results of the election approving the proposition. The county election
officer shall cause a special ballot to be prepared containing the names of those persons
who have filed their declarations of candidacy within the time prescribed. Ballots for election
of board members shall be prepared in such manner that each elector is instructed to vote
for the same number of candidates as the number of positions to be filled, and the two ~~(2)~~
candidates receiving the greatest number of votes shall be elected, except that where there
are more than six ~~(6)~~ qualified candidates for the elective member positions, the county
election officer shall call and there shall be held, a special election on the second Tuesday
in December. The names of the six candidates receiving the greatest number of votes for
any member position at the general election shall appear on the ballot at the special election,
and the two ~~(2)~~ candidates receiving the greatest number of votes shall be elected.

(d) At the first election of board members, one board member shall be elected for a term
of four years and one member shall be elected for a term of two years. At the expiration of
the terms of these board members, each succeeding board member shall be elected for a term
of four years. Each elected board member shall serve until a successor is elected and qualified.

(e) Board elections shall be nonpartisan and laws applicable only to partisan elections
shall not apply in such elections. All laws applicable to elections, the violation of which is a
crime, shall be applicable to board elections, and except as is provided in this paragraph,
laws applicable to county elections shall apply to board elections to the extent that the same
are not in conflict with the provisions of this act.

(f) On the second Monday in January following adoption of this act by a county and the
election of board members as provided in this section, the board members shall take and
subscribe to an oath as other county officials. In case of a vacancy in either elected board
member position, the remaining members of the board shall appoint a successor to fill the
unexpired term.

Members of ~~said~~ the board shall receive no compensation, but shall be reimbursed for
their actual and necessary expenses incurred in the performance of their official duties.'';

And by renumbering sections accordingly;

Also on page 1, in line 27, after ``K.S.A.'' by inserting ``19-4470, 19-4471 and''; also in line
27, by striking ``is'' and inserting ``are'';

In the title, in line 9, after ``K.S.A.'' by inserting ``19-4470, 19-4471 and''; in line 10, by
striking ``section'' and inserting ``sections''; and SB 465 be passed as amended.

On motion of Rep. McCreary to amend Sub. SB 554, Rep. Bethell requested a ruling
on the amendment being germane to the bill. The Rules Chair ruled the amendment ger-
mane. The question then reverted back to the motion of Rep. McCreary, which did not
prevail.

Also, on motion of Rep. Pauls to amend Sub. SB 554, Rep. Boston requested a ruling
on the amendment being germane to the bill. The Rules Chair ruled the amendment ger-

mane. The question then reverted back and roll call was demanded on motion of Rep. Pauls
to amend on page 2, after line 32, by inserting the following:

``New Sec. 3. Sections 3 through 7 shall be known as the health information privacy
act.

New Sec. 4. The commissioner shall promulgate rules and regulations to protect the
privacy of an individual's health information. Such rules and regulations shall include a
prohibition on the unauthorized collection, use or disclosure of health information by a
carrier.

New Sec. 5. The commissioner shall have the authority to impose a civil penalty of not
more than $10,000 for each violation of the rules and regulations promulgated under this
act.

New Sec. 6. As used in this act:

(a) ``Carrier'' means a person or entity required to be licensed or authorized by the
commissioner to assume risk, including but not limited to an insurer, a hospital, medical or
health service corporation, a health maintenance organization, a provider sponsored organ-
ization, a multiple employer welfare arrangement, a self-insured group fund or a workers
compensation self-insurer. Carrier does not include a nonrisk-bearing regulated insurance
entity, such as a producer, agency or administrator.

(b) ``Commissioner'' means the commissioner of insurance.

(c) ``Health information'' means any information or data, whether oral or recorded in
any form or medium, and personal facts or information about events or relationships that
relates to:

(1) The past, present or future physical, mental or behavioral health or condition of an
individual or a member of the individual's family;

(2) the provision of health care to an individual; or

(3) payment for the provision of health care to an individual.

(d) ``Protected health information'' means health information:

(1) That identifies an individual who is the subject of the information; or

(2) with respect to which there is a reasonable basis to believe that the information
could be used to identify an individual.

(e) ``Unauthorized'' means a collection, use or disclosure of protected health information
made by a carrier without the authorization of the subject of that protected health infor-
mation or that is not in compliance with this act, unless collection, use or disclosure without
an authorization is permitted by this act.

New Sec. 7. The commissioner shall promulgate the rules and regulations required by
this act on or before January 1, 2001.'';

And by renumbering the remaining sections accordingly;

In the title, in line 9, after the semicolon, by inserting ``establishing the health information
privacy act; relating to reporting health care data to a certain state agency;'';

On roll call, the vote was: Yeas 94; Nays 24; Present but not voting: 0; Absent or not
voting: 7.

Yeas: Aday, Adkins, Alldritt, Allen, Ballard, Ballou, Barnes, Bethell, Burroughs, Campbell,
Crow, Dean, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Garner,
Gatewood, Gilbert, Glasscock, Grant, Gregory, Haley, Helgerson, Henderson, Henry, Her-
mes, Holmes, Horst, Howell, Huff, Hutchins, Jenkins, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Kuether, Lane, Larkin, Lightner, Lloyd, M. Long, P. Long, Loyd, Mays, McClure,
McCreary, McKechnie, McKinney, Minor, Mollenkamp, Jim Morrison, Judy Morrison,
Nichols, O'Brien, O'Connor, Osborne, Palmer, Pauls, E. Peterson, Phelps, Pottorff, Powell,
Powers, Reardon, Rehorn, Reinhardt, Ruff, Sharp, Showalter, Shriver, Shultz, Sloan, Span-
gler, Stone, Storm, Swenson, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey,
Vining, Weiland, Wells, Welshimer, Wilk.

Nays: Aurand, Beggs, Boston, Carmody, Compton, Cox, Dahl, Dreher, Freeborn, Ger-
inger, Hayzlett, Humerickhouse, Jennison, Johnson, Light, Mason, Merrick, Neufeld,
O'Neal, J. Peterson, Ray, Schwartz, Tanner, Weber.

Present but not voting: None.

Absent or not voting: Benlon, Edmonds, Johnston, Landwehr, Mayans, Myers, Wagle.

The motion of Rep. Pauls prevailed; and Sub. SB 554 be passed as amended.

REPORTS OF STANDING COMMITTEES
The Committee on Taxation recommends HB 2972 be amended on page 2, in line 16,
by striking ``blighted areas'' and inserting ``challenged neighborhoods''; in line 38, by striking
all before ``from'' and inserting ``not be less than $2,000,000 or more than $3,000,000''; in
line 39, by striking ``blighted area'' and inserting ``challenged neighborhood'';

On page 3, in line 14, by striking ``1'' and inserting ``2'';

On page 4, in line 26, by striking ``1'' and inserting ``2'';

On page 6, in line 3, by striking ``may'' and inserting ``shall''; in line 8, by striking ``eco-
nomic development'' and inserting ``revitalization'';

On page 7, in line 8, by striking ``economic development'' and inserting ``revitalization'';
in line 11, by striking ``economic development'' and inserting ``revitalization''; in line 27, by
striking ``blighted area'' and inserting ``challenged neighborhood''; in line 29, by striking
``blighted area'' and inserting ``challenged neighborhood''; in line 34, by striking ``three ap-
plications'' and inserting ``one application''; in line 37, by striking the period and inserting
``: (A) The officers of the revitalization organization shall be elected annually commencing
after the organization's first year of operation. The officers shall be elected by vote of electors
residing in the challenged neighborhood as identified in the revitalization plan.

(B)''; Also on page 7, in line 42, by striking all after the stricken material; in line 43, by
striking all before ``The'';

On page 8, in line 4, by striking ``require'' and inserting ``allow''; in line 5, after ``existing'',
by inserting ``occupied''; in line 9, by striking ``blighted area'' and inserting ``challenged
neighborhood'';

On page 9, in line 13, by striking all after the comma; in line 14, by striking all before
``been'' and inserting ``the board whose application has''; in line 15, by striking ``$2,000,000''
and inserting ``$3,000,000''; in line 22, by striking ``economic development'' and inserting
``revitalization'';

On page 10, in line 13, by striking ``economic development'' and inserting ``revitalization'';
after line 13, by inserting an additional section as follows:

``Sec. 10. K.S.A. 79-1109 is hereby amended to read as follows: 79-1109. As used in
this act ''net income`` shall mean the Kansas taxable income of corporations as defined in
K.S.A. 79-32,138, and amendments thereto, determined without regard to the provisions of
K.S.A. 79-32,139, and amendments thereto, and the provisions of paragraph (xiv) of sub-
section (c) of K.S.A. 79-32,117, and amendments thereto, plus income received from obli-
gations or securities of the United States or any authority, commission or instrumentality of
the United States and its possessions to the extent not included in Kansas taxable income
of a corporation and income received from obligations of this state or a political subdivision
thereof which is exempt from income tax under the laws of this state; less dividends received
from stock issued by Kansas Venture Capital, Inc. to the extent such dividends are included
in the Kansas taxable income of a corporation, interest paid on time deposits or borrowed
money and dividends paid on withdrawable shares of savings and loan associations to the
extent not deducted in arriving at Kansas taxable income of a corporation.

Savings and loan associations shall be allowed as a deduction from net income, as here-
inbefore defined, a reserve established for the sole purpose of meeting or absorbing losses,
in the amount of 5% of such net income determined without benefit of such deduction, but
no further deduction shall be allowed for losses when actually sustained and charged against
such reserve, unless such reserve shall have been fully absorbed thereby; or, in the alter-
native, a reasonable addition to a reserve for losses based on past experience, under such
rules and regulations as the secretary of revenue may prescribe.

The term ``net income'' shall include the amount of any charitable contribution made to
the extent the same is claimed as the basis for the credit allowed pursuant to section 2.'';

And by renumbering the remaining sections accordingly;

On page 13, in line 36, after ``K.S.A.'', by inserting ``79-1109 and K.S.A.'';

In the title, in line 11, after ``K.S.A.'', by inserting ``79-1109 and K.S.A.''; and the bill be
passed as amended.

The Committee on Taxation recommends SB 116, as amended by Senate Committee,
be amended by striking all on pages 13 through 29 and inserting the following:

``Section 1. K.S.A. 1999 Supp. 12-2536 is hereby amended to read as follows: 12-2536.
The Kansas and Missouri metropolitan culture district compact is hereby enacted into law
and entered into by the state of Kansas with the state of Missouri legally joining therein, in
the form substantially as follows:

Kansas and Missouri Metropolitan
Culture District Compact
Article I.--Agreement and Pledge
The states of Kansas and Missouri agree to and pledge, each to the other, faithful coop- eration in the future planning and development of the metropolitan culture district, holding
in high trust for the benefit of its people and of the nation, the special blessings and natural
advantages thereof.

Article II.--Policy and Purpose
The party states, desiring by common action to fully utilize and improve their cultural facilities, coordinate the services of their cultural organizations, enhance the cultural activ-
ities of their citizens, and achieve solid financial support for such cultural facilities, organi-
zations and activities, declare that it is the policy of each state to realize such desires on a
basis of cooperation with one another, thereby serving the best interests of their citizenry
and effecting economies in capital expenditures and operational costs. The purpose of this
compact is to provide for the creation of a metropolitan culture district as the means to
implementation of the policy herein declared with the most beneficial and economical use
of human and material resources.

Article III.--Definitions
As used in this compact, unless the context clearly requires otherwise:
(a) ``Metropolitan culture district'' means a political subdivision of the states of Kansas
and Missouri which is created under and pursuant to the provisions of this compact and
which is composed of the counties in the states of Kansas and Missouri which act to create
or to become a part of the district in accordance with the provisions of Article IV.

(b) ``Commission'' means the governing body of the metropolitan culture district.

(c) ``Cultural activities'' means sports or activities which contribute to or enhance the
aesthetic, artistic, historical, intellectual or social development or appreciation of members
of the general public.

(d) ``Cultural organizations'' means nonprofit and tax exempt social, civic or community
organizations and associations which are dedicated to the development, provision, operation,
supervision, promotion or support of cultural activities in which members of the general
public may engage or participate.

(e) ``Cultural facilities'' means facilities operated or used for sports or participation or
engagement in cultural activities by members of the general public.

Article IV.--The District
(a) The counties in Kansas and Missouri eligible to create and initially compose the metropolitan culture district shall be those counties which meet one or more of the following
criteria: (1) The county has a population in excess of 300,000, and is adjacent to the state
line; (2) the county contains a part of a city with a population according to the most recent
federal census of at least 400,000; or (3) the county is contiguous to any county described
in provisions (1) or (2) of this subpart (a). The counties of Johnson in Kansas and Jackson
in Missouri shall be sine qua non to the creation and initial composition of the district.
Additional counties in Kansas and Missouri shall be eligible to become a part of the met-
ropolitan culture district if such counties are contiguous to any one or more of the counties
which compose the district and within 60 miles of the counties required by this article to
establish the district.

(b) (1) Whenever the governing body of any county which is eligible to create or be-
come a part of the metropolitan culture district shall determine that creation of or partici-
pation in the district is in the best interests of the citizens of the county and that the levy
of a tax to provide on a cooperative basis with another county or other counties for financial

support of the district would be economically practical and cost beneficial to the citizens of
the county, the governing body may adopt by majority vote a resolution authorizing the
same.

(2) Whenever a petition, signed by not less than the number of qualified electors of an
eligible county equal to 5% of the number of ballots cast and counted at the last preceding
gubernatorial election held in the county and requesting adoption of a resolution authorizing
creation of or participation in the metropolitan culture district and the levy of a tax for the
purpose of contributing to the financial support of the district, is filed with the governing
body of the county, the governing body shall adopt such a resolution.

(3) Implementation of a resolution adopted under this subpart (b) shall be conditioned
upon approval of the resolution by a majority of the qualified electors of the county voting
at an election conducted for such purpose.

(c) (1) Upon adoption of a resolution pursuant to subpart (b)(1) or subpart (b)(2), the
governing body of the county shall request, within 36 months after adoption of the resolu-
tion, the county election officer to submit to the qualified electors of the county the question
of whether the governing body shall be authorized to implement the resolution. The reso-
lution shall be printed on the ballot and in the notice of election. The question shall be
submitted to the electors of the county at the primary or general election next following the
date of the request filed with the county election officer. If a majority of the qualified electors
are opposed to implementation of the resolution authorizing creation of or participation in
the district and the levy of a tax for financial support thereof, the same shall not be imple-
mented. The governing body of the county may renew procedures for authorization to create
or become a part of the district and to levy a tax for financial support thereof at any time
following rejection of the question.

(2) The ballot for the proposition in any county shall be substantially the following form:

``Shall a retail sales tax of

(insert amount, not to exceed 1/4 cent)
be levied and collected in Kansas and Missouri metropolitan cultural district consisting of the county(ies) of

for the support (insert name of counties)
of cultural facilities and organizations within the district?''

Yes
No

The governing body of the county may place additional language on the ballot to describe
the use or allocation of the funds.

(d) (1) The metropolitan culture district shall be created when implementation of a
resolution authorizing the creation of the district and the levy of a tax for contribution to
the financial support thereof is approved by respective majorities of the qualified electors
of at least Johnson county, Kansas, and Jackson county, Missouri.

(2) When implementation of a resolution authorizing participation in the metropolitan
culture district and the levy of a tax for contribution to the financial support thereof is
approved by a majority of the qualified electors of any county eligible to become a part of
the district, the governing body of the county shall proceed with the performance of all
things necessary and incidental to participation in the district.

(3) Any question for the levy of a tax submitted after July 1, 2000, may be submitted to
the electors of the county at the primary or general election next following the date of the
request filed with the county election officer; at a special election called and held as otherwise
provided by law; at an election called and held on the first Tuesday after the first Monday
in February, except in presidential election years; at an election called and held on the first
Tuesday after the first Monday in March, June, August or November; or at an election called
and held on the first Tuesday in April, except that no question for a tax levy may be submitted
to the electors prior to January 1, 2002.

(4) No question shall be submitted to the electors authorizing the levy of a tax the pro-
ceeds of which will be exclusively dedicated to sports or sports facilities.

(e) Any of the counties composing the metropolitan culture district may withdraw from
the district by adoption of a resolution and approval of the resolution by a majority of the
qualified electors of the county, all in the same manner provided in this Article IV for
creating or becoming a part of the metropolitan culture district. The governing body of a

withdrawing county shall provide for the sending of formal written notice of withdrawal
from the district to the governing body of the other county or each of the other counties
comprising the district. Actual withdrawal shall not take effect until 90 days after notice has
been sent. A withdrawing county shall not be relieved from any obligation which such county
may have assumed or incurred by reason of being a part of the district, including, but not
limited to, the retirement of any outstanding bonded indebtedness of the district.

Article V.--The Commission
(a) The metropolitan culture district shall be governed by the metropolitan culture com- mission which shall be a body corporate and politic and which shall be composed of resident
electors of the states of Kansas and Missouri, respectively, as follows: (1) A member of the
governing body of each county which is a part of the district, who shall be appointed by
majority vote of such governing body; (2) a member of the governing body of each city, with
a population according to the most recent federal census of at least 50,000, located in whole
or in part within each county which is a part of the district, who shall be appointed by
majority vote of such governing body; ~~and~~ (3) two members of the governing body of a
county with a consolidated or unified county government and city of the first class which is
a part of the district, who shall be appointed by majority vote of such governing body; ~~(3)~~
(4) a member of the arts commission of Kansas or the Kansas commission for the humanities,
who shall be appointed by the governor of Kansas; and (5) a member of the arts commission
of Missouri or the Missouri humanities council, who shall be appointed by the governor of
Missouri. To the extent possible, the gubernatorial appointees to the commission shall be
residents of the district. The term of each commissioner initially appointed by a county
governing body shall expire concurrently with such commissioner's tenure as a county officer
or three years after the date of appointment as a commissioner, whichever occurs sooner.
The term of each commissioner succeeding a commissioner initially appointed by a county
governing body shall expire concurrently with such successor commissioner's tenure as a
county officer or four years after the date of appointment as a commissioner, whichever
occurs sooner. The term of each commissioner initially appointed by a city governing body
shall expire concurrently with such commissioner's tenure as a city officer or two years after
the date of appointment as a commissioner, whichever occurs sooner. The term of each
commissioner succeeding a commissioner initially appointed by a city governing body shall
expire concurrently with such successor commissioner's tenure as a city officer or four years
after the date of appointment as a commissioner, whichever occurs sooner. The term of
each commissioner appointed by the governor of Kansas or the governor of Missouri shall
expire concurrently with the term of the appointing governor, the commissioner's tenure as
a state officer, or four years after the date of appointment as a commissioner of the district,
whichever occurs sooner. Any vacancy occurring in a commissioner position for reasons
other than expiration of terms of office shall be filled for the unexpired term by appointment
in the same manner that the original appointment was made. Any commissioner may be
removed for cause by the appointing authority of the commissioner.

(b) The commission shall select annually, from its membership, a chairperson, a vice-
chairperson, and a treasurer. The treasurer shall be bonded in such amounts as the com-
mission may require.

(c) The commission may appoint such officers, agents and employees as it may require
for the performance of its duties, and shall determine the qualifications and duties and fix
the compensation of such officers, agents and employees.

(d) The commission shall fix the time and place at which its meetings shall be held.
Meetings shall be held within the district and shall be open to the public. Public notice shall
be given of all meetings.

(e) A majority of the commissioners from each state shall constitute, in the aggregate,
a quorum for the transaction of business. No action of the commission shall be binding
unless taken at a meeting at which at least a quorum is present, and unless a majority of the
commissioners from each state, present at such meeting, shall vote in favor thereof. No
action of the commission taken at a meeting thereof shall be binding unless the subject of
such action is included in a written agenda for such meeting, the agenda and notice of

meeting having been mailed to each commissioner by postage paid first-class mail at least
14 calendar days prior to the meeting.

(f) The commissioners from each state shall be subject to the provisions of the laws of
the states of Kansas and Missouri, respectively, which relate to conflicts of interest of public
officers and employees. If any commissioner has a direct or indirect financial interest in any
cultural facility, organization or activity supported by the district or commission or in any
other business transaction of the district or commission, the commissioner shall disclose
such interest in writing to the other commissioners and shall abstain from voting on any
matter relating to such facility, organization or activity or to such business transaction.

(g) If any action at law or equity, or other legal proceeding, shall be brought against any
commissioner for any act or omission arising out of the performance of duties as a com-
missioner, the commissioner shall be indemnified in whole and held harmless by the com-
mission for any judgment or decree entered against the commissioner and, further, shall be
defended at the cost and expense of the commission in any such proceeding.

Article VI.--Powers and Duties of the Commission
(a) The commission shall adopt a seal and suitable bylaws governing its management and procedure.

(b) The commission has the power to contract and to be contracted with, and to sue
and to be sued.

(c) The commission may receive for any of its purposes and functions any contributions
or moneys appropriated by counties or cities and may solicit and receive any and all dona-
tions, and grants of money, equipment, supplies, materials and services from any state or
the United States or any agency thereof, or from any institution, foundation, organization,
person, firm or corporation, and may utilize and dispose of the same.

(d) Upon receipt of recommendations from the advisory committee provided in sub-
section (g), the commission may provide donations, contributions and grants or other sup-
port, financial or otherwise, for or in aid of cultural organizations, facilities or activities in
counties which are part of the district. In determining whether to provide any such support
the commission shall consider the following factors:

(1) Economic impact upon the district;

(2) cultural benefit to citizens of the district and to the general public;

(3) contribution to the quality of life and popular image of the district;

(4) contribution to the geographical balance of cultural facilities and activities within
and outside the district;

(5) the breadth of popular appeal within and outside the district;

(6) the needs of the community as identified in an objective cultural needs assessment
study of the metropolitan area; and

(7) any other factor deemed appropriate by the commission. On and after the effective
date of this act, in the performance of its duties regarding the provision of financing of
cultural activities, organizations or facilities in Kansas and Missouri, the commission shall
not provide for more than 50% of the revenue produced from sales taxes levied within the
metropolitan culture district to activities, organizations or facilities performed or located in
either state.

(e) The commission may own and acquire by gift, purchase, lease or devise cultural
facilities within the territory of the district. The commission may plan, construct, operate
and maintain and contract for the operation and maintenance of cultural facilities within
the territory of the district. The commission may sell, lease or otherwise dispose of cultural
facilities within the territory of the district.

(f) At any time following five years from and after the creation of the metropolitan
cultural district as provided in paragraph (1) of subsection (d) of article IV, the commission,
may borrow moneys for the planning, construction, equipping, operation, maintenance,
repair, extension, expansion, or improvement of any cultural facility and, in that regard, the
commission at such time may:

(1) Issue notes, bonds or other instruments in writing of the commission in evidence of
the sum or sums to be borrowed. No notes, bonds or other instruments in writing shall be
issued pursuant to this subsection until the issuance of such notes, bonds or instruments

has been submitted to and approved by a majority of the qualified electors of the district
voting at an election called and held thereon. Such election shall be called and held in the
manner provided by the general bond law;

(2) issue refunding notes, bonds or other instruments in writing for the purpose of
refunding, extending or unifying the whole or any part of its outstanding indebtedness from
time to time, whether evidenced by notes, bonds or other instruments in writing. Such
refunding notes, bonds or other instruments in writing shall not exceed in amount the
principal of the outstanding indebtedness to be refunded and the accrued interest thereon
to the date of such refunding;

(3) provide that all notes, bonds and other instruments in writing issued hereunder shall
or may be payable, both as to principal and interest, from sales tax revenues authorized
under this compact and disbursed to the district by counties comprising the district, admis-
sions and other revenues collected from the use of any cultural facility or facilities con-
structed hereunder, or from any other resources of the commission, and further may be
secured by a mortgage or deed of trust upon any property interest of the commission; and

(4) prescribe the details of all notes, bonds or other instruments in writing, and of the
issuance and sale thereof. The commission shall have the power to enter into covenants with
the holders of such notes, bonds or other instruments in writing, not inconsistent with the
powers granted herein, without further legislative authority.

(g) The commission shall appoint an advisory committee composed of members of the
general public consisting of an equal number of persons from both the states of Kansas and
Missouri who have demonstrated interest, expertise, knowledge or experience in cultural
organizations or activities. The advisory committee shall make recommendations annually
to the commission regarding donations, contributions and grants or other support, financial
or otherwise, for or in aid of cultural organizations, facilities and activities in counties which
are part of the district.

(h) The commission may provide for actual and necessary expenses of commissioners
and advisory committee members incurred in the performance of their official duties.

(i) The commission shall cause to be prepared annually a report on the operations and
transactions conducted by the commission during the preceding year. The report shall be
submitted to the legislatures and governors of the compacting states, to the governing bodies
of the counties comprising the district, and to the governing body of each city that appoints
a commissioner. The commission shall publish the annual report in the official county news-
paper of each of the counties comprising the district.

(j) The commission has the power to apply to the congress of the United States for its
consent and approval of the compact. In the absence of the consent of congress and until
consent is secured, the compact is binding upon the states of Kansas and Missouri in all
respects permitted by law for the two states, without the consent of congress, for the pur-
poses enumerated and in the manner provided in the compact.

(k) The commission has the power to perform all other necessary and incidental func-
tions and duties and to exercise all other necessary and appropriate powers not inconsistent
with the constitution or laws of the United States or of either of the states of Kansas or
Missouri to effectuate the same.

Article VII.--Finance
(a) The moneys necessary to finance the operation of the metropolitan culture district and the execution of the powers, duties and responsibilities of the commission shall be
appropriated to the commission by the counties comprising the district. The moneys to be
appropriated to the commission shall be raised by the governing bodies of the respective
counties by the levy of taxes as authorized by the legislatures of the respective party states.

(b) The commission shall not incur any indebtedness or obligation of any kind; nor shall
the commission pledge the credit of either or any of the counties comprising the district or
either of the states party to this compact, except as authorized by article VI. The budget of
the district shall be prepared, adopted and published as provided by law for other political
subdivisions of the party states. No budget shall be adopted by the commission until it has
been submitted to and reviewed by the governing bodies of the counties comprising the
district and the governing body of each city represented on the commission.

(c) The commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the commission shall be audited yearly by a certified or
licensed public accountant and the report of the audit shall be included in and become part
of the annual report of the commission.

(d) The accounts of the commission shall be open at any reasonable time for inspection
by duly authorized representatives of the compacting states, the counties comprising the
district, the cities that appoint a commissioner, and other persons authorized by the
commission.

Article VIII.--Entry into Force
(a) This compact shall enter into force and become effective and binding upon the states of Kansas and Missouri when it has been enacted into law by the legislatures of the respective
states.

(b) Amendments to the compact shall become effective upon enactment by the legis-
latures of the respective states.

Article IX.--Termination
This compact shall continue in force and remain binding upon a party state until its legislature shall have enacted a statute repealing the same and providing for the sending of
formal written notice of enactment of such statute to the legislature of the other party state.
Upon enactment of such a statute by the legislature of either party state, the sending of
notice thereof to the other party state, and payment of any obligations which the metro-
politan culture district commission may have incurred prior to the effective date of such
statute, including, but not limited to, the retirement of any outstanding bonded indebtedness
of the district, the agreement of the party states embodied in the compact shall be deemed
fully executed, the compact shall be null and void and of no further force or effect, the
metropolitan culture district shall be dissolved, and the metropolitan culture district com-
mission shall be abolished.

Article X.--Construction and Severability
The provisions of this compact shall be liberally construed and shall be severable. If any
phrase, clause, sentence or provision of this compact is declared to be contrary to the
constitution of either of the party states or of the United States or the applicability thereof
to any government, agency, person or circumstance is held invalid, the validity of the re-
mainder of this compact and the applicability thereof to any government, agency, person or
circumstance shall not be affected thereby. If this compact shall be held contrary to the
constitution of either of the states party thereto, the compact shall thereby be nullified and
voided and of no further force or effect.

Sec. 2. K.S.A. 1999 Supp. 12-2536 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its publication in the
statute book.'';

In the title, in line 10, by striking all after ``ACT''; by striking all in lines 11 and 12 and
inserting ``amending and supplementing the Kansas and Missouri metropolitan culture dis-
trict compact; amending K.S.A. 1999 Supp. 12-2536 and repealing the existing section.'';
and the bill be passed as amended.

CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of SB 504 from Committee on Judiciary
and referral to Committee on Appropriations.

MESSAGES FROM THE GOVERNOR
HB 2817 approved on March 23, 2000.

MESSAGE FROM THE SENATE
The Senate nonconcurs in House amendments to SB 238, requests a conference and has
appointed Senators Oleen, Harrington and Jones as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to H. Sub. for Sub. for Sub. SB 257,
requests a conference and has appointed Senators Ranson, Clark and Barone as conferees
on the part of the Senate.

The Senate nonconcurs in House amendments to SB 425, requests a conference and has
appointed Senators Emert, Pugh and Goodwin as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to SB 483, requests a conference and has
appointed Senators Emert, Vratil and Goodwin as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to SB 510, requests a conference and has
appointed Senators Praeger, Salmans and Steineger as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to H. Sub. for SB 568, requests a con-
ference and has appointed Senators Corbin, Morris and Biggs as conferees on the part of
the Senate.

INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 238.

Speaker pro tem Mays thereupon appointed Reps. Powell, Hutchins and Klein as con-
ferees on the part of the House.

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on H. Sub. for Sub. for Sub. 257.

Speaker pro tem Mays thereupon appointed Reps. Holmes, Sloan and McClure as con-
ferees on the part of the House.

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 425.

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

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 483.

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

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 510.

Speaker pro tem Mays thereupon appointed Reps. Boston, Geringer and Henry as con-
ferees on the part of the House.

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on H. Sub. for SB 568.

Speaker pro tem Mays thereupon appointed Reps. Freeborn, Ray and McClure as con-
ferees on the part of the House.

On motion of Rep. Glasscock, the House recessed until 2:00 p.m.

March 23, 2000
______ Afternoon Session The House met pursuant to recess with Speaker pro tem Mays in the chair.

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

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

Recommended that SB 100; HB 2996 be passed.

SCR 1629; HR 6017 be adopted.

On motion of Rep. Edmonds SB 464 be amended on page 1, in line 19, by striking
``$250'' and inserting ``$500''; and SB 464 be passed as amended.

SB 462 be passed over and retain a place on the calendar.

Committee report to HB 3010 be adopted; and the bill be passed as amended.

Roll call was demanded on motion of Rep. Larkin to amend HCR 5064 on page 1, in
line 25, by striking all after the first period; by striking all in lines 26 through 30 and inserting
``Exemption of property used for certain purposes. For all taxable years commencing after
December 31, 2000, property used for residential purposes, real property used for com-
mercial and industrial purposes and buildings and other improvements located upon land
devoted to agricultural use to the extent of $20,000 of its appraised valuation shall be and
is hereby exempt from property taxation. Such exemption amount may be increased by
law.''; in line 33, by striking all after ``establish''; by striking all in lines 34 through 42 and
inserting ``an exemption from property taxation of a portion of the appraised valuation of
property used for residential purposes, real property used for commercial and industrial
purposes and buildings and other improvements located upon land devoted to agricultural
use.

``A vote for the proposition would exempt from property taxation property used for res-
idential purposes, real property used for commercial and industrial purposes and buildings
and other improvements located upon land devoted to agricultural use to the extent of
$20,000 of its appraised valuation. The legislature could provide by law for an increase in
such exemption amount.

``A vote against this proposition would maintain the absence of a constitutional exemption
for property used for residential purposes, real property used for commercial and industrial
purposes and buildings and other improvements located upon land devoted to agricultural
use.'';

In the title, in line 13, by striking all after the comma; in line 14, by striking all before
the period and inserting ``exempting from property taxation a portion of the valuation of
property used for certain purposes'';

On roll call, the vote was: Yeas 106; Nays 16; Present but not voting: 0; Absent or not
voting: 3.

Yeas: Aday, Adkins, Alldritt, Allen, Ballard, Ballou, Barnes, Beggs, Bethell, Boston, Bur-
roughs, Campbell, Compton, Crow, Dahl, Dean, Edmonds, Empson, Faber, Farmer,
Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn, Garner, Gatewood, Geringer, Gil-
bert, Glasscock, Grant, Gregory, Haley, Helgerson, Henderson, Henry, Hermes, Holmes,
Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins, Johnson, 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, Myers, Nichols, O'Brien, O'Connor, Osborne, Palmer, Pauls, E. Peterson,
Phelps, Pottorff, Powell, Powers, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp,
Showalter, Shriver, Sloan, Spangler, Stone, Storm, Swenson, Tedder, Thimesch, Toelkes,
Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weiland, Wells, Welshimer, Wilk.

Nays: Aurand, Benlon, Carmody, Cox, Dreher, Jennison, Phil Kline, Lane, Minor, Judy
Morrison, Neufeld, O'Neal, J. Peterson, Ray, Tanner, Weber.

Present but not voting: None.

Absent or not voting: Hayzlett, Light, Shultz.

The motion of Rep. Larkin prevailed, and HCR 5064 be adopted as amended.

Committee report to HB 3000 be adopted; and the bill be passed as amended.

On motion of Rep. Larkin to return to SB 532, passed over earlier in the day, Rep.
Carmody rose on a point of order that the motion was out of order (see further action,
Committee of the Whole).

Committee report to HB 3006 be adopted; also, on motion of Rep. Powell be amended
on page 3, in line 21, following the period, by inserting ``In any such case, if the court does
not grant a request for a continuance for the purpose of complying with the provisions of
this section, then the state agency and the contract for legal services shall not be subject to
any period of time prescribed by this section before the contract for legal services may be
entered into by the state agency.'';

Also, on motion of Rep. O'Neal HB 3006 be amended on page 1, in line 35, by adding
the words ``lawyers or'' following ``qualified''; also, in line 39 by adding ``lawyers or'' following
``such''; also, in line 40 by adding ``lawyer or'' after ``the'' and before ``law firm'';

Also, on further motion of Rep. O'Neal HB 3006 be amended on page 3, following line
21, by inserting:

``Sec. 2. (a) No officer, employee or agency of the state of Kansas shall enter into, or
participate as a member of a class, on behalf of the state of Kansas, as a plaintiff in a civil
class action law suit in federal or state court, except pursuant to statute or appropriation
specifically identifying the cause of action and defendants.

(b) No officer, employee or agency of the state of Kansas shall enter into any contract
for legal services on behalf of the state of Kansas which provides for fees to be paid by the
state or any other party on a contingency basis except pursuant to statute or appropriation
specifically identifying the case and the maximum fees, expressed as a percentage, hourly
rate or dollar amount, which may be paid or awarded to contracting attorneys. From and
after the effective date of this act, any contract entered into in violation of this subsection
shall be null and void.'';

By renumbering sections accordingly;

In the title, in line 10, following ``ACT'' by inserting ``concerning certain contracts;''; in
line 13, before the period, by inserting ``; imposing limitations on the filing of certain law
suits'';

and HB 3006 be passed as amended.

On motion of Rep. Faber, pursuant to House Rule 2311, the rules were suspended for
the purpose of considering SB 532, which had been passed over previously (see morning
session, Committee of the Whole).

Also, roll call was demanded on motion of Rep. Faber to amend SB 532 on page 5, after
line 40, by inserting the following:

``New Sec. 5. The provisions of this act shall be known and may be cited as the com-
petitive livestock markets act.

New Sec. 6. As used in sections 5 through 11, and amendments thereto:

(a) ``Packer'' means any person engaged in the business of:

(1) Buying more than 5,000 animal units of livestock per year in commerce for purpose
of slaughter;

(2) Manufacturing or preparing meats or meat food products for sale or shipment in
commerce; or

(3) marketing meats, meat food products or livestock products in an unmanufactured
form acting as a wholesale broker, dealer or distributor in commerce.

(b) ``Animal units'' means the same as prescribed by K.S.A. 65-171d, and amendments
thereto.

New Sec. 7. It shall be unlawful for any packer with respect to livestock, meats, meat
products, livestock products in unmanufactured form to:

(a) Engage in or use any unfair, unjustly discriminatory or deceptive practice or device;

(b) make or give any undue or unreasonable preference or advantage to any particular
person or locality in any respect whatsoever, or subject any particular person or locality to
any unreasonable prejudice or disadvantage in any respect whatsoever;

(c) sell or otherwise transfer to or for any other packer or buy or otherwise receive from
or for any other packer any article for the purpose or with the effect of apportioning the
supply between any such persons if such apportionment has the tendency or effect of re-
straining commerce or of creating a monopoly;

(d) sell or otherwise transfer to or for any other person, or buy or otherwise receive
from or for any other person, any article for the purpose or with the effect of manipulating
or controlling prices, or of creating a monopoly in the acquisition of buying, selling or dealing
in any article, or of restraining commerce;

(e) engage in any course of business or do any act for the purpose or with the effect of
manipulating or controlling prices, or of creating a monopoly in the acquisition of buying,
selling, dealing in any article or of restraining commerce;

(f) conspire, combine, agree or arrange with any other person to apportion territory for
carrying on business, to apportion purchases or sales of any article or to manipulate or
control prices; or

(g) conspire, combine, agree or arrange with any other person to do, or aid or abet the
doing of any act made unlawful by subsections (a), (b), (c), (d) or (e).

New Sec. 8. (a) The attorney general or any county or district attorney may bring an
action:

(1) To obtain a declaratory judgment that an act or practice violates sections 5 through
11, and amendments thereto;

(2) to enjoin, or to obtain a restraining order against a packer who has violated, is
violating or is otherwise likely to violate sections 5 through 11, and amendments thereto; or

(3) to recover damages on behalf of a person by reason of violations of sections 5 through
11, and amendments thereto; and

(4) to recover reasonable expenses and investigation fees.

(b) In lieu of instigating or continuing an action or proceeding, the attorney general
may accept a consent judgment with respect to any act or practice declared to be a violation
of sections 5 through 11, and amendments thereto. Such a consent judgment shall provide
for the discontinuance by the packer of any act or practice declared to be a violation of
sections 5 through 11, and amendments thereto, and it may include a stipulation for the
payment by such packer of reasonable expenses and investigation fees incurred by the at-
torney general. Any consent judgment entered into pursuant to this section shall not be
deemed to admit the violation, unless it does so by its terms. Before any consent judgment
entered into pursuant to this section shall be effective, it must be approved by the district
court and an entry made thereof in the manner required for making an entry of judgment.
Once such approval is received, any breach of the conditions of such consent judgment shall
be treated as a violation of a court order, and shall be subject to all the penalties provided
by law therefor.

(c) In any action brought by the attorney general or the county or district attorney, the
court may, without requiring bond of the attorney general or the county or district attorney:

(1) Make such orders or judgments as may be necessary to prevent the use or employ-
ment by a packer of any practices declared to be a violation of sections 5 through 11, and
amendments thereto;

(2) make such orders or judgments as may be necessary to compensate any person for
damages sustained;

(3) revoke any license or certificate authorizing that packer to engage in business in this
state;

(4) issue a temporary restraining order or enjoin any packer from engaging in business
in this state;

(5) award reasonable expenses and investigation fees, civil penalties and costs; and

(6) grant other appropriate relief.

New Sec. 9. (a) Whether a person seeks or is entitled to damages or otherwise has an
adequate remedy at law or in equity, a person aggrieved by an alleged violation of sections
5 through 11, and amendments thereto, may bring an action to:

(1) Obtain a declaratory judgment that an act or practice violates this act; or

(2) enjoin or obtain a restraining order against a packer who has violated, is violating or
is likely to violate sections 5 through 11, and amendments thereto.

(b) A person who suffers a loss as a result of a violation of sections 5 through 11, and
amendments thereto, may bring an individual or a class action for the damages caused by
any violation of sections 5 through 11, and amendment thereto, together with reasonable
attorney fees.

New Sec. 10. Every packer shall keep such accounts, records and memoranda to fully
and correctly disclose all transactions involved in such person's business, including the true
ownership of such business by stockholders or otherwise. Whenever the attorney general
finds that the accounts, records and memoranda of such person do not fully and correctly
disclose all transactions involved in such person's business, the attorney general may pre-
scribe the manner and form in which such accounts, records and memoranda shall be kept.
Any such person who fails to keep such accounts, records and memoranda in the manner
and form prescribed or approved by the attorney general is guilty of a nonperson misde-
meanor and shall be subject to a fine of not more than $5,000 or imprisoned not more than
three years, or both.

New Sec. 11. The attorney general shall be responsible for enforcement of this act and
shall promulgate such rules and regulations and make orders as may be necessary to carry
out the provisions of sections 5 through 11, and amendments thereto. The attorney general,
to carry out the provisions of sections 5 through 11, and amendments thereto, may cooperate

with any state department, agency or any local municipality and any department or agency
of the federal government and state, territory, district or possession or department or agency
or political subdivision thereof or any person.

New Sec. 12. The provisions of sections 12 through 18, and amendments thereto, shall
be known and may be cited as the Kansas agricultural production contract fair practices act.

New Sec. 13. As used in sections 12 through 18, and amendments thereto: (a) ``Farm
products'' shall have the meaning ascribed to such term under K.S.A. 84-9-109, and amend-
ments thereto;

(b) ``integrator'' means a processor who contracts with a producer to grow or raise farm
products in this state;

(c) ``person'' means any individual, partnership, association or corporation or any or-
ganized group of persons, whether incorporated or not, or family farm corporation, author-
ized farm corporation, limited liability agricultural company, limited agricultural partner-
ship, family trust, authorized trust or testamentary trust, all as defined in K.S.A. 17-5903
and amendments thereto, or an agent or employee of such person;

(d) ``producer'' means a person who produces or causes to be produced farm products
by contracting with an integrator to provide management, labor, machinery, facilities or any
other production input for the production of farm products; and

(e) ``processor'' means a person, which alone or in conjunction with others, directly or
indirectly, controls the manufacturing, processing or preparation for sale of farm products
having a total annual wholesale value of $20,000,000 or more. Any person with a 10% or
greater interest in another person involved in the manufacturing, processing or preparation
for sale of farm products having a total annual wholesale value of $20,000,000 or more shall
also be considered a processor. The term ``processor'' shall not include collective bargaining
units or farmer-owned cooperatives.

New Sec. 14. (a) No integrator shall engage in any deceptive act or practice as defined
in sections 12 through 18, and amendments thereto, in connection with any agricultural
production contract involving farm products.

(b) Deceptive acts and practices, include, but are not limited to the following, each of
which is declared to be a violation of sections 12 through 18, and amendments thereto:

(1) Using coercion, intimidation, the threat of retaliation or the threat of contract ter-
mination, cancellation or nonrenewal to impose, demand, compel or dictate the terms,
payment or manner of payment or the signing of a contract by a producer;

(2) using coercion, intimidation, the threat of retaliation or the threat of contract ter-
mination, cancellation or nonrenewal in order to require the producer to make capital im-
provements such as facilities or equipment;

(3) for the integrator to interfere with, restrain or coerce producers in the exercise of
their rights to join, form and assist associations of producers;

(4) for an integrator to refuse to provide to the producer upon request the statistical
information and data used to determine compensation paid to the producer for settlement.
This statistical information and data includes, but is not limited to, feed conversion rates,
feed analyses, averages of other growers, origination and breeder history;

(5) for the integrator to refuse to allow a producer or the producer's designated rep-
resentative to observe, by actual observation at the time of weighing, the weights and meas-
ures used to determine the producer's compensation at settlement; and

(6) for an integrator to use the performance of any other producer to determine the
settlement of a producer.

(c) Unfair trade practices also include those practices prohibited by the perishable ag-
ricultural commodities act, 7 U.S.C. § § 499a-499s and the rules promulgated thereunder at
7 C.F.R. part 46, and those practices prohibited by the packers and stockyards act, 7 U.S.C.
§ 181 et seq., and the rules promulgated thereunder at 7 C.F.R. part 201 et seq., all as in
effect on July 1, 2000.

(d) If federal and state regulation are identical, federal jurisdiction and enforcement
control unless the federal authority decides not to enforce the regulation.

New Sec. 15. (a) In all contracts between integrators and producers, there is an implied
promise of good faith as defined in subsection (19) of K.S.A. 84-1-201, and amendments
thereto, by all parties.

(b) In all contracts between integrators and producers, there is an implied producer's
right to refuse any livestock when delivered if such livestock are in less than normal
condition.

New Sec. 16. The integrator shall agree to meet and confer with the producer or the
producer's authorized representative at a time and place mutually agreeable to the parties
to discuss concerns of the producer.

New Sec. 17. (a) The attorney general or any county or district attorney may bring an
action:

(1) To obtain a declaratory judgment that an act or practice violates sections 12 through
18, and amendments thereto;

(2) to enjoin, or to obtain a restraining order against an integrator who has violated, is
violating or is otherwise likely to violate sections 12 through 18, and amendments thereto;
or

(3) to recover damages on behalf of a producer by reason of violations of sections 12
through 18, and amendments thereto; and

(4) to recover reasonable expenses and investigation fees.

(b) In lieu of instigating or continuing an action or proceeding, the attorney general
may accept a consent judgment with respect to any act or practice declared to be a violation
of sections 12 through 18, and amendments thereto. Such a consent judgment shall provide
for the discontinuance by the integrator of any act or practice declared to be a violation of
sections 12 through 18, and amendments thereto, and it may include a stipulation for the
payment by such integrator of reasonable expenses and investigation fees incurred by the
attorney general. Any consent judgment entered into pursuant to this section shall not be
deemed to admit the violation, unless it does so by its terms. Before any consent judgment
entered into pursuant to this section shall be effective, it must be approved by the district
court and an entry made thereof in the manner required for making an entry of judgment.
Once such approval is received, any breach of the conditions of such consent judgment shall
be treated as a violation of a court order, and shall be subject to all the penalties provided
by law therefor.

(c) In any action brought by the attorney general or the county or district attorney, the
court, without requiring bond of the attorney general or the county or district attorney may:

(1) Make such orders of judgments as may be necessary to prevent the use or employ-
ment by an integrator of any practices declared to be a violation of sections 12 through 18,
and amendments thereto;

(2) make such orders or judgments as may be necessary to compensate any producer
for damages sustained;

(3) revoke any license or certificate authorizing that integrator to engage in business in
this state;

(4) issue a temporary restraining order or enjoin any integrator from engaging in busi-
ness in this state;

(5) award reasonable expenses and investigation fees, civil penalties and costs; and

(6) grant other appropriate relief.

New Sec. 18. (a) Whether a producer seeks or is entitled to damages or otherwise has
an adequate remedy at law or in equity, a producer aggrieved by an alleged violation of
sections 12 through 18, and amendments thereto, may bring an action to:

(1) Obtain a declaratory judgment that an act or practice violates sections 12 through
18, and amendments thereto; or

(2) enjoin or obtain a restraining order against an integrator who has violated, is violating
or is likely to violate sections 12 through 18, and amendments thereto.

(b) A producer who suffers loss as a result of a violation of sections 12 through 18, and
amendments thereto, may bring an individual or a class action for the damages caused by
any violation of sections 12 through 18, and amendments thereto, together with reasonable
attorney fees.'';

And by renumbering sections accordingly;

On page 1, in the title, in line 10, after ``concerning'' by inserting ``agriculture; relating
to''; also in line 10, by striking ``; relating to'' and inserting a comma; also in line 10, before

``amending'', by inserting ``enacting the livestock markets act and the Kansas agricultural
production contract fair practices act, penalties;''

On roll call, the vote was: Yeas 60; Nays 59; Present but not voting: 0; Absent or not
voting: 6.

Yeas: Alldritt, Ballard, Barnes, Burroughs, Carmody, Crow, Dean, Faber, Farmer, Fin-
dley, Flaharty, Flora, Garner, Gatewood, Gilbert, Grant, Haley, Helgerson, Henderson,
Henry, Horst, Johnston, Kirk, Klein, Kuether, Landwehr, Larkin, M. Long, Mayans, Mays,
McClure, McCreary, McKechnie, McKinney, Merrick, Mollenkamp, Jim Morrison, Myers,
Nichols, O'Brien, Palmer, Pauls, E. Peterson, Phelps, Powell, Powers, Reardon, Rehorn,
Reinhardt, Ruff, Sharp, Storm, Swenson, Tedder, Thimesch, Toelkes, Toplikar, Wagle,
Wells, Welshimer.

Nays: Aday, Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Bethell, Boston, Campbell,
Compton, Cox, Dahl, Dreher, Edmonds, Empson, Feuerborn, Flower, Freeborn, Geringer,
Glasscock, Gregory, Hermes, Holmes, Howell, Huff, Humerickhouse, Hutchins, Jenkins,
Jennison, Johnson, Phil Kline, Krehbiel, Lane, Light, Lightner, Lloyd, P. Long, Loyd, Ma-
son, Minor, Judy Morrison, Neufeld, O'Neal, Osborne, J. Peterson, Pottorff, Ray, Schwartz,
Showalter, Shriver, Sloan, Stone, Tanner, Tomlinson, Vickrey, Weber, Weiland, Wilk.

Present but not voting: None.

Absent or not voting: Hayzlett, Phill Kline, O'Connor, Shultz, Spangler, Vining.

The motion of Rep. Faber prevailed; and SB 532 be passed as amended.

Committee report to HB 2564 be adopted; and the bill be passed as amended.

On motion of Rep. Hermes to amend SB 566, the motion did not prevail. Also, on further
motion of Rep. Hermes to amend, the motion did not prevail.

Also, on motion of Rep. Barnes to amend SB 566, Rep. Ray requested a ruling on the
amendment being germane to the bill. The Rules Vice Chair ruled the amendment germane.
Rep. Ray challenged the ruling, the question being ``Shall the Rules Chair be sustained?''
Roll call was demanded.

On roll call, the vote was: Yeas 77; Nays 44; Present but not voting: 0; Absent or not
voting: 4.

Yeas: Alldritt, Ballard, Ballou, Barnes, Bethell, Burroughs, Crow, Dahl, Dean, Faber,
Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Garner, Gatewood, Gilbert, Glas-
scock, Grant, Haley, Helgerson, Henderson, Henry, Hermes, Horst, Howell, Hutchins,
Jenkins, Johnston, Kirk, Klein, Phill Kline, Kuether, Landwehr, Larkin, Light, M. Long,
Mayans, Mays, McClure, McKechnie, McKinney, Minor, Mollenkamp, Jim Morrison, Nich-
ols, O'Brien, Osborne, Palmer, Pauls, E. Peterson, Phelps, Powell, Powers, Reardon, Re-
horn, Reinhardt, Ruff, Sharp, Showalter, Shriver, Sloan, Spangler, Swenson, Tedder, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weiland, Wells, Welshimer.

Nays: Aday, Adkins, Allen, Aurand, Beggs, Benlon, Boston, Campbell, Compton, Cox,
Dreher, Edmonds, Empson, Freeborn, Geringer, Gregory, Holmes, Huff, Humerickhouse,
Jennison, Johnson, Phil Kline, Krehbiel, Lane, Lightner, Lloyd, P. Long, Loyd, Mason,
McCreary, Merrick, Judy Morrison, Myers, Neufeld, O'Connor, O'Neal, J. Peterson, Pot-
torff, Ray, Schwartz, Stone, Tanner, Weber, Wilk.

Present but not voting: None.

Absent or not voting: Carmody, Hayzlett, Shultz, Storm.

The Rules Chair was sustained.

The question then reverted back and roll call was demanded on motion of Rep. Barnes
to amend on page 2, after line 14, by inserting the following:

``Sec. 2. K.S.A. 75-4321 is hereby amended to read as follows: 75-4321. (a) The legis-
lature hereby finds and declares that:

(1) The people of this state have a fundamental interest in the development of har-
monious and cooperative relationships between government and its employees;

(2) the denial by some public employers of the right of public employees to organize
and the refusal by some to accept the principle and procedure of full communication be-
tween public employers and public employee organizations can lead to various forms of
strife and unrest;

(3) the state has a basic obligation to protect the public by assuring, at all times, the
orderly and uninterrupted operations and functions of government;

(4) there neither is, nor can be, an analogy of statuses between public employees and
private employees, in fact or law, because of inherent differences in the employment rela-
tionship arising out of the unique fact that the public employer was established by and is
run for the benefit of all the people and its authority derives not from contract nor the profit
motive inherent in the principle of free private enterprise, but from the constitution, statutes,
civil service rules, regulations and resolutions; and

(5) the difference between public and private employment is further reflected in the
constraints that bar any abdication or bargaining away by public employers of their contin-
uing legislative discretion and in the fact that constitutional provisions as to contract, prop-
erty, and due process do not apply to the public employer and employee relationship.

(b) Subject to the provisions of subsection (c), it is the purpose of this act to obligate
public agencies, public employees and their representatives to enter into discussions with
affirmative willingness to resolve grievances and disputes relating to conditions of employ-
ment, acting within the framework of law. It is also the purpose of this act to promote the
improvement of employer-employee relations within the various public agencies of the state
and its political subdivisions by providing a uniform basis for recognizing the right of public
employees to join organizations of their own choice, or to refrain from joining, and be
represented by such organizations in their employment relations and dealings with public
agencies.

(c) The governing body of any public employer, other than the state ~~and~~, its agencies
and any city, county or school district with an employment of more than 100 full-time
equivalent (FTE) employees, by a majority vote of all the members may elect to bring such
public employer under the provisions of this act, and upon such election the public employer
and its employees shall be bound by its provisions from the date of such election. Once an
election has been made to bring the public employer under the provisions of this act it
continues in effect unless rescinded by a majority vote of all members of the governing
body. No vote to rescind shall take effect until the termination of the next complete budget
year following such vote.'';

And by renumbering sections accordingly;

Also on page 2, in line 15, by striking ``is'' and inserting ``and 75-4321 are'';

In the title, in line 9, by striking ``cities'' and inserting ``municipalities''; also in line 9, by
striking ``classification''; in line 10, by striking ``thereof'' and inserting ``the classification of
certain cities; relating to public employees of certain cities and counties''; also in line 10,
after ``14-101'' by inserting ``and 75-4321''; also in line 10, by striking ``section'' and inserting
``sections'';

On roll call, the vote was: Yeas 62; Nays 59; Present but not voting: 0; Absent or not
voting: 4.

Yeas: Alldritt, Ballard, Barnes, Burroughs, Cox, Dean, Faber, Farmer, Feuerborn, Fin-
dley, Flaharty, Flora, Flower, Garner, Gatewood, Gilbert, Grant, Haley, Helgerson, Hen-
derson, Henry, Hermes, Horst, Hutchins, Jenkins, Johnston, Kirk, Klein, Kuether, Land-
wehr, Larkin, M. Long, Mayans, Mays, McKechnie, McKinney, Nichols, O'Brien, Palmer,
Pauls, E. Peterson, Phelps, Powell, Powers, Reardon, Rehorn, Ruff, Sharp, Showalter,
Shriver, Spangler, Storm, Swenson, Tedder, Thimesch, Toelkes, Tomlinson, Vickrey, Wagle,
Weiland, Wells, Welshimer.

Nays: Aday, Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Bethell, Boston, Campbell,
Compton, Crow, Dahl, Dreher, Edmonds, Empson, Freeborn, Geringer, Glasscock, Greg-
ory, Holmes, Howell, Huff, Humerickhouse, Jennison, Johnson, Phil Kline, Phill Kline,
Krehbiel, Lane, Light, Lightner, Lloyd, P. Long, Loyd, Mason, McClure, McCreary, Mer-
rick, Minor, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, O'Connor, O'Neal,
Osborne, J. Peterson, Pottorff, Ray, Reinhardt, Schwartz, Sloan, Stone, Tanner, Vining,
Weber, Wilk.

Present but not voting: None.

Absent or not voting: Carmody, Hayzlett, Shultz, Toplikar.

The motion of Rep. Barnes prevailed.

Also, roll call was demanded on motion to recommend SB 566 favorably for passage.

On roll call, the vote was: Yeas 64; Nays 58; Present but not voting: 0; Absent or not
voting: 3.

Yeas: Alldritt, Ballard, Barnes, Burroughs, Cox, Dean, Faber, Farmer, Feuerborn, Fin-
dley, Flaharty, Flora, Flower, Garner, Gatewood, Gilbert, Grant, Haley, Helgerson, Hen-
derson, Henry, Hermes, Horst, Hutchins, Jenkins, Johnston, Kirk, Klein, Kuether, Land-
wehr, Larkin, M. Long, Mayans, Mays, McClure, McKechnie, McKinney, Nichols, O'Brien,
Palmer, Pauls, E. Peterson, Phelps, Powell, Powers, Reardon, Rehorn, Ruff, Sharp, Show-
alter, Shriver, Spangler, Storm, Swenson, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Wagle, Weiland, Wells, Welshimer.

Nays: Aday, Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Bethell, Boston, Campbell,
Compton, Crow, Dahl, Dreher, Edmonds, Empson, Freeborn, Geringer, Glasscock, Greg-
ory, Holmes, Howell, Huff, Humerickhouse, Jennison, Johnson, Phil Kline, Phill Kline,
Krehbiel, Lane, Light, Lightner, Lloyd, P. Long, Loyd, Mason, McCreary, Merrick, Minor,
Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne,
J. Peterson, Pottorff, Ray, Reinhardt, Schwartz, Sloan, Stone, Tanner, Vining, Weber, Wilk.

Present but not voting: None.

Absent or not voting: Carmody, Hayzlett, Shultz.

The motion prevailed, and SB 566 be passed as amended.

REPORTS OF STANDING COMMITTEES
The Committee on Appropriations recommends HB 3042 be amended on page 3, in
line 29, by striking ``and 15%'' and inserting ``, except as otherwise provided in subsection
(q), 10%''; in line 30, following ``loan'', by inserting ``and grant''; in line 31, following ``(h)'',
by inserting ``, and 5% of such amount shall be transferred to the HCBS programs fund
established by subsection (o)''; in line 33, by striking ``and 30%'' and inserting ``, 25%''; in
line 34, by striking ``state general fund'' and inserting ``medicaid services matching fund
established by subsection (p), and 5% of such amount shall be transferred to the long-term
loan and grant fund'';

On page 4, in line 7, following ``loan'', by inserting ``and grant''; in line 9, following ``loan'',
by inserting ``and grant''; in line 13, following ``loan'', by inserting ``and grant''; also in line
13, following ``loans'', by inserting ``and grants''; in line 14, following ``loan'', by inserting
``and grant''; in line 17, following ``loan'', by inserting ``and grant''; in line 23, following ``loan'',
by inserting ``and grant''; in line 31, by striking ``some types of'' and inserting ``the quality
of care provided by''; in line 37, following ``loans'', by inserting ``and grants''; also in line 37,
by striking ``program'' and inserting ``and grant programs''; by striking all in line 41, and
inserting a new subsection as follows:

``(2) size of facility--facilities having less than 60 beds are preferable to facilities having
60 beds or more;'';

Also on page 4, in line 42, following ``(3)'' by inserting ``an applicant for a loan that has
applied for and has been rejected by a Kansas commercial lending institution for a loan at
prevailing commercial rates for the same purpose is preferable to an applicant for a loan
that has not applied for and has not been rejected by a Kansas commercial lending institution
for a loan at prevailing commercial rates for the same purpose;

(4)'';

On page 5, in line 1, by striking ``(4)'' and inserting ``(5)''; also in line 1, by striking
``Kansas''; in line 2, by striking ``, Kansas for-profit, foreign not-for-profit, foreign'' and
inserting ``organizations,''; in line 4, by striking ``(5)'' and inserting ``(6)''; in line 15, by striking
``by an act of the legislature'' and inserting ``as authorized by law''; preceding line 16, by
inserting new material as follows:

``(l) The secretary of aging is hereby authorized to develop and implement a long-term
care grant program in accordance with this section. Subject to the provisions of this section
and the provisions of appropriation acts, the secretary of aging may make competitive match-
ing grants under such terms and conditions as may be prescribed by the secretary under
such program. Grants under the long-term care grant program may be made only from the
amount of moneys received for interest payments under loan agreements under the long-
term care loan program and credited to the long-term care loan and grant fund. Grants
under the long-term care grant program may be made for the following:

(1) Grants for improvements in the quality of case management services under home
and community-based services (HCBS) programs and for improvements for adult care
homes; and

(2) financial assurance grants for community service providers under home and com-
munity-based services (HCBS) programs.'';

Also on page 5, in line 16, by striking ``(l)'' and inserting ``(m)''; in line 33, by striking
``(m)'' and inserting ``(n)'';

On page 6, preceding line 4, by inserting new material to read as follows:

``(o) There is hereby established the HCBS programs fund in the state treasury which
shall be administered by the secretary of aging. All moneys in the HCBS programs fund
shall be used to reduce the waiting list for programs and services under the home and
community-based services (HCBS) programs and as otherwise provided by law. All ex-
penditures from the HCBS programs fund shall be made in accordance with appropriation
acts upon warrants of the director of accounts and reports issued pursuant to vouchers
approved by the secretary of aging or the secretary's designee.

(p) There is hereby established the medicaid services matching fund in the state treasury
which shall be administered by the secretary of aging. All moneys in the medicaid services
matching fund shall be used to provide state matching funds for medicaid programs and
services under the medicaid state plan. All expenditures from the medicaid services match-
ing fund shall be made in accordance with appropriation acts upon warrants of the director
of accounts and reports issued pursuant to vouchers approved by the secretary of aging or
the secretary's designee.

(q) There is hereby established the special education services aid fund in the state
treasury which shall be administered by the department of education. All moneys in the
special education services aid fund shall be used for aid to school districts in accordance
with the special education for exceptional children act and the provisions of appropriation
acts. All expenditures from the senior services fund shall be made in accordance with ap-
propriation acts upon warrants of the director of accounts and reports issued pursuant to
vouchers approved as provided by law. During the period from the effective date of this act
through June 30, 2001, of the amount of moneys that would otherwise be transferred to the
state general fund pursuant to subsection (f)(1), the first $14,600,000 shall be transferred
to the special education services aid fund instead of the state general fund.'';

In the title, on page 1, in line 9, following ``ACT'', by inserting ``relating to the medicaid
state plan;''; in line 13, following ``loan'', by inserting ``and grant''; in line 14, by striking
``and'' and inserting a comma; also in line 14, following ``fund'', by inserting ``, an HCBS
programs fund, a medicaid services matching fund and a special education services aid
fund''; and the bill be passed as amended.

The Committee on Education recommends SB 657, as amended by Senate Committee
of the Whole, be passed.

The Committee on Insurance recommends SB 651, as amended by Senate Committee,
be passed.

The Committee on Insurance recommends SB 79, as amended by Senate Committee,
be amended on page 1, by striking all in lines 16 through 43;

By striking all of pages 2 through 7;

On page 8, by striking all in lines 1 through 42 and inserting in lieu thereof:

``Section 1. K.S.A. 12-2630 is hereby amended to read as follows: 12-2630. Notwith-
standing the provisions of K.S.A. 12-2616 through 12-2629 and amendments thereto, any
municipalities as defined in K.S.A. 75-6102 and amendments thereto, located in ~~and in-~~
~~cluding Douglas, Johnson, Leavenworth, Miami and Wyandotte counties~~ the state of Kansas,
may qualify to enter into agreements to pool their ~~sickness and accident~~ related liabilities
in accordance with K.S.A 12-2617 et seq. and amendments thereto with municipalities lo-
cated in other states if such a pool was formed on or before January 1, 1990. Any investments
held by such pool shall be held in an entity described in K.S.A. 12-2622 and amendments
thereto. In the event the law or laws of any other state in which a member of the pool is
located are inconsistent with or contrary to any provision of K.S.A. 12-2617 through 12-
2626, 12-2628 and 12-2629 and amendments thereto, the law of the state with the more
stringent requirement shall apply.'';

And by renumbering sections accordingly;

Also on page 8, in line 43, by striking all after ``K.S.A.'';

On page 9, in line 1, by striking all before ``hereby'' and inserting ``12-2630 is'';

In the title, in line 11, by striking all after ``K.S.A.''; in line 12, by striking all before
``repealing'' and inserting ``12-2630 and''; in line 13, by striking ``sections'' and inserting
``section'' and the bill be passed as amended.

The Committee on Insurance recommends Senate Substitute for SB 600 be amended
on page 2, in line 11, by striking ``1.5%'' and inserting ``1%''; in line 33 by striking ``1.5%''
and inserting ``1%''; and the substitute bill be passed as amended.

The Committee on Judiciary recommends SB 319, as amended by Senate Committee,
be amended on page 1, in line 15, by striking ``1998'' and inserting ``1999'';

On page 2, in line 35, by striking ``1998'' and inserting ``1999'';

On page 3, in line 1, by striking ``$1''; in line 2, by striking ``from'' and inserting ``25%
of''; in line 5, by striking ``50%'' and inserting ``$.50 of each individual court cost''; in line 6,
by striking ``50%'' and inserting ``$.50 of each individual court cost''; in line 8, after the
period, by inserting ``The balance of the state treasury deposit shall be credited to the
judiciary operations account of the state general fund. Moneys placed in the judiciary op-
erations account of the state general fund pursuant to this subsection shall be in addition
to any state general fund money and shall not be used to offset any state general fund
money.'';

Also on page 3, in line 9, by striking all after ``3.''; by striking all of lines 10 through 43;

On page 4, by striking all of lines 1 through 26 and inserting the following:``K.S.A. 1999
Supp. 20-310a is hereby amended to read as follows: 20-310a. (a) Upon the application of
the chief 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 chief judge or, in the absence of the chief 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 chief 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 chief 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 appear-
ances 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 chief 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 com-
pensation paid to any judge pro tem, and (3) such other information as the judicial admin-
istrator 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.''

Also on page 4, in line 27, by striking ``K.S.A. 20-310a and''; also in line 27, by striking
``1998'' and inserting ``1999''; also in line 27, by striking ``and'' where it appears for the last
time and inserting a comma; in line 28, after ``19-4707'', by inserting ``and 20-310a'';

On page 1, in the title, in line 11, by striking ``K.S.A. 20-310a and'' also in line 11, by
striking ``1998'' and inserting ``1999''; in line 12, by striking ``and'' where it appears for the
first time and inserting a comma; also in line 12, after ``19-4707'' by inserting ``and 20-310a'';
and the bill be passed as amended.

The Committee on Taxation recommends SCR 1635, as amended by Senate Commit-
tee, be adopted.

The Committee on Utilities recommends HR 6016 be amended on page 1, after line
25, by inserting:

``Be it further resolved: That the Commission is requested to identify local exchanges
that are nearing capacity because of increased data transmission and in which services will
likely be impaired before July 1, 2002, if the exchanges are not upgraded; and'';

Also on page 1, in line 30, before ``Commission'' by inserting ``: One member of the''; and
the resolution be adopted as amended.

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 concurrent resolution was thereupon introduced and read by title:

HOUSE CONCURRENT RESOLUTION No. 5077--

By Committee on Environment

A CONCURRENT RESOLUTION encouraging the United States Congress to authorize
the use of ethanol in reformulated gasoline.

WHEREAS, The federal Clean Air Act requires the use of an oxygenate in reformulated
gasoline used in nonattainment areas; and

WHEREAS, This requirement has resulted in important air quality benefits to our na-
tion; and

WHEREAS, The decision of petroleum refiners to use methyl tertiary-butyl ether
(MTBE) rather than clean, renewable ethanol has resulted in serious degradation of ground-
water in some regions; and

WHEREAS, Eliminating the oxygenate requirement is not necessary to allow states to
ban MTBE, and would harm efforts to achieve the air quality goals of the Clean Air Act;
and

WHEREAS, The United States Department of Agriculture has determined that ethanol
can replace MTBE in reformulated gasoline nationwide within three years, without increases
in price or supply disruption; and

WHEREAS, The use of ethanol not only reduces toxins and improves air quality, it
reduces America's dependence on imported petroleum and thereby reduces our nation's
trade deficit by some $12 billion over the next 10 years, increases farm income by an
estimated $1 billion annually and reduces farm program costs by creating important new
markets for grain: Now, therefore,

Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring
therein: That the Legislature encourages the United States Congress to maintain its com-
mitment to the federal Clean Air Act by retaining the oxygenate requirement of the refor-
mulated gasoline program and by implementing standards that ensure the opportunity for
the use of ethanol blended gasoline in any reformulated gasoline program, thereby pre-
serving the natural environment, protecting the public health and reducing the nation's
dependence upon foreign petroleum; and

Be it further resolved: That the Secretary of State is directed to provide an enrolled
copy of this resolution to the President of the United States, the President of the United
States Senate, the Speaker of the United States House of Representatives and each member
of the Kansas Congressional Delegation.

CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of SB 490 from Committee on Judiciary
and referral to Committee on Appropriations.

On motion of Rep. Glasscock, the House recessed until 6:45 p.m.

______ Evening Session The House met pursuant to recess with Speaker Jennison in the chair.

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

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

Recommended that committee report to SCR 1626 be adopted; and the resolution be
adopted as amended.

Committee report to HCR 5069 be adopted; and the resolution be adopted as amended.

On motion of Rep. Powell SB 463 be amended on page 2, following line 4, by inserting:

``New Sec. 4. (a) Except as provided by subsection (b), no person appointed, pursuant
to K.S.A. 25-101a, and amendments thereto, to fill a vacancy shall exercise the powers,
duties and functions of such office, until such appointment is approved by the legislature
by adoption of a concurrent resolution.

(b) If a person is appointed, pursuant to K.S.A. 25-101a, and amendments thereto, to
fill a vacancy at a time when the legislature is not in session, the legislative coordinating
council may authorize, by a majority vote thereof, the person appointed to fill such vacancy
to exercise the powers, duties and functions of the office until such appointment is approved
by the legislature at the next regular or special session of the legislature.

Prior to authorizing any person to exercise the powers, duties and functions of an office
pursuant to this section, the legislative coordinating council may require such person to
appear before the council.'';

By renumbering sections accordingly;

Also, on motion of Rep. Dean SB 463 be amended on page 1, following line 30, by
inserting:

``(e) Any person appointed to fill a vacancy pursuant to this section shall be a member
of the same policy party of the person such appointee is succeeding.'';

Also, on motion of Rep. Minor SB 463 be amended on page 2, by striking all in lines 5
and 6 and inserting:

``Sec. 4. K.S.A. 19-301 is hereby amended to read as follows: 19-301. (a) Beginning with
the general election in 1976, a county clerk shall be elected in each county, for a term of
four ~~(4)~~ years. ~~Such county clerk shall,~~ Before entering upon the duties of the office, the
county clerk shall execute and file with the county treasurer a good and sufficient corporate
surety bond, conditioned on the faithful performance of the duties of the office. Such bond

shall be issued by a company authorized to do business in Kansas, in an amount to be fixed
by the county treasurer of not less than ~~ten thousand dollars ($10,000)~~ $10,000.

(b) During the time that any person is a candidate for nomination or election to the
office of county clerk, and during the term of office, such candidate or county clerk shall be
and remain a qualified elector who resides in the county.

Sec. 5. K.S.A. 19-501 is hereby amended to read as follows: 19-501. ~~Each county trea-~~
~~surer elected at the general election in 1976 shall serve until the second Tuesday in October~~
~~of 1981 and until a successor is elected and qualified.~~ (a) At the general election in 1980,
~~and every four (4) years thereafter,~~ a county treasurer shall be elected in each county for a
term of four ~~(4)~~ years, commencing on the second Tuesday in October following the election,
and until a successor is elected and qualified. ~~Such county treasurer shall,~~ Before entering
upon the duties, of the office, the county treasurer shall execute to the state of Kansas a
corporate surety bond issued by a company authorized to do business in this state and
approved by the board of county commissioners in an amount of not less than ~~twenty-five~~
~~thousand dollars ($25,000)~~ $25,000. Such bond, with the approval of the board endorsed
thereon by the clerk, shall be filed in the office of the county clerk. ~~In the event~~ If the board
of commissioners shall not be in session in time for any county treasurer to present such
bond for ~~their~~ approval ~~as above specified, or such county treasurer shall be unable, for any~~
~~reason,~~ or the county treasurer is unable to present such bond at any regular meeting of the
board after due notice of such county treasurer's election, such county treasurer may present
such bond to the ~~chairman~~ chairperson or clerk of the board for approval, and the approval
endorsed thereon shall have the same effect as if ~~done~~ approved by the board of county
commissioners. ~~In the event~~ If the amount of the bond is approved by only the ~~chairman~~
chairperson or the clerk of the board, it shall not be less than twice the amount of all moneys
directed by the board to be levied in the county during the previous year.

(b) During the time that any person is a candidate for nomination or election to the
office of county treasurer and during the term of office, such candidate or county treasurer
shall be and remain a qualified elector who resides in the county.

Sec. 6. K.S.A. 1999 Supp. 19-801b is hereby amended to read as follows: 19-801b. (a)
No person shall be eligible for nomination, election or appointment to the office of sheriff
unless such person:

(1) Is a citizen of the United States and a qualified elector of the county;

(2) possesses a high-school education or its recognized equivalent; and

(3) has never been convicted of or pleaded guilty or entered a plea of nolo contendere
to any felony charge, a misdemeanor crime of domestic violence as defined in K.S.A. 74-
5602, and amendments thereto, or to any violation of any federal or state laws or city
ordinances relating to gambling, liquor or narcotics.

(b) In addition to the requirements of subsection (a), during the time that any person is
a candidate for nomination or election to the office of sheriff and during the term of office,
such candidate or sheriff shall be and remain a qualified elector who resides in the county.

~~(b)~~ (c) Every person elected to the office of sheriff for the first time, or anyone reelected
or appointed to the office after having been out of the office for five years or more shall be
required to attend the law enforcement training center as established by K.S.A. 74-5601 et
seq., and amendments thereto, and satisfactorily complete the required training course of
not less than 320 hours, unless such person has satisfactorily completed such training course
within the five years prior to election or appointment, passes a written competency test and
firearms proficiency qualification course developed and administered by the Kansas law
enforcement training center or unless the director, as defined in subsection (d) of K.S.A.
74-5602, and amendments thereto, waives the requirements of this subsection as provided
in K.S.A. 74-5608a, and amendments thereto. Unless the requirements are waived, any
person elected or appointed to the office of sheriff who has not attended the law enforce-
ment training center shall hold office on a provisional basis, and such person shall attend
the next scheduled training program at the law enforcement training center and satisfactorily
complete such training program or the one subsequent to it, or shall forfeit such office.

~~(c)~~ (d) Each newly elected sheriff of each county who is required to attend the law
enforcement training center shall be hired as a deputy sheriff and shall be paid a salary as
deputy sheriff while attending the law enforcement training center. The tuition, board, room

and travel expense for the sheriff-elect at the law enforcement training center shall be paid
by the county.

Sec. 7. K.S.A. 19-1201 is hereby amended to read as follows: 19-1201. (a) Beginning
with the general election in 1976, a register of deeds shall be elected in each county for a
term of four ~~(4)~~ years. ~~Such register of deeds shall,~~ Before entering upon the duties of the
office, the register of deeds shall execute to the state of Kansas and file with the county
clerk, a good and sufficient corporate surety bond issued by a company authorized to do
business in this state. Such bond shall be in an amount approved by the county clerk ~~of not~~
and shall not be less than ~~ten thousand dollars ($10,000)~~ $10,000. Such bond shall be con-
ditioned on the faithful performance of the duties of the office and that such register of
deeds will deliver to the successor in such office all property belonging to such office.

(b) During the time that any person is a candidate for nomination or election to the
office of register of deeds and during the term of office, such candidate or register of deeds
shall be and remain a qualified elector who resides in the county.

Sec. 8. K.S.A. 19-301, 19-501, 19-1201, 25-101a, 25-101b and 40-106 and K.S.A. 1999
Supp. 19-801b are hereby repealed.'';

By renumbering sections accordingly;

In the title, by striking all in lines 10, 11 and 12 and inserting:

``AN ACT concerning certain public officers; relating to vacancies in such offices; relating
to qualifications thereof; amending K.S.A. 19-301, 19-501, 19-1201, 25-101a, 25-101b
and 40-106 and K.S.A. 1999 Supp. 19-801b and repealing the existing sections.''; and
SB 463 be passed as amended.

Committee report to SB 462 be adopted; also, on motion of Rep. Spangler to amend,
the motion was withdrawn.

Also, on motion of Rep. Powers SB 462 be amended on page 1, following line 18, by
inserting:

``Section 1. K.S.A. 25-4142 is hereby amended to read as follows: 25-4142. K.S.A. 25-
4119e, 25-4119f, 25-4119g, 25-4142 ~~to 25-4179 inclusive, and amendments thereto and 25-~~
~~4119e, 25-4119f, 25-4119g, 25-4148a, 25-4153a, 25-4157a, 25-4169a, 25-4180 to 25-4185,~~
~~inclusive~~ through 25-4187 and section 2, and amendments thereto, shall ~~constitute~~ be known
and may be cited as the ``campaign finance act.''

New Sec. 2. (a) The restrictions in subsection (b) shall apply to political committees
having as a major purpose to expressly advocate the nomination, election or defeat of any
clearly identified candidate for the legislature or to make contributions or expenditures for
the nomination, election or defeat of any clearly identified candidate for the legislature.

(b) A member of the legislature, a member-elect of the legislature and a candidate for
election to the legislature shall not serve as an officer or director of a political committee.'';

By renumbering sections accordingly;

On page 11, in line 2, before ``K.S.A.'' by inserting ``K.S.A. 25-4142 and'';

In the title, in line 15, before ``K.S.A.'' by inserting ``K.S.A. 25-4142 and'';

Also, on motion of Rep. Powell SB 462 be amended on page 11, following line 1, by
inserting:

``New Sec. 6. (a) This section shall be known and may be cited as the private attorney
retention sunshine act.

(b) For the purposes of this section:

(1) ``Contract for legal services'' means a contract in which a fee is paid to an attorney
or group of attorneys, in the form of a flat, hourly or contingent fee and any expenses of
such attorney, or group of attorneys.

(2) ``State agency'' means any state office, officer, department, board, commission, in-
stitution, bureau, agency, authority, state agent or any division of a state agency.

(c) Notwithstanding any law to the contrary, any state agency that wishes to enter into
a contract for legal services under this section with a lawyer or law firm to perform legal
services on behalf of this state, which contract is reasonably expected by the state agency
to result in legal fees of $7,500 or more, shall not do so until an open and competitive
bidding process has been undertaken. The competitive bidding process under this section
means that the state agency, unless otherwise required by law, shall publish in the Kansas

register notice of competitive bidding for such contract for legal services at least two weeks
prior to the deadline to receive such competitive bids, shall select at least two qualified law
firms based upon the law firm's experience with similar litigation, expertise generally and
size, if firm size is a relevant factor with respect to the proposed legal services, and such
other factors as the secretary of administration may specify by rules and regulations, and
shall select from among such firms for purposes of entry into a contract for legal services
with the law firm which makes the lowest hourly rate bid or total cost to provide such
services.

(d) No state agency shall enter into a contract for legal services exceeding $1,000,000
without the opportunity for at least one hearing in the legislature on the terms of the legal
contract in accordance with subsection (e).

(e) (1) For purposes of the requirement of subsection (d), any state agency entering
into a contract for legal services in excess of $1,000,000 shall file a copy of the proposed
contract with the chief clerk of the house of representatives and the secretary of the senate
who shall refer such contract to the chairperson and vice chairperson of the legislative budget
committee.

(2) Within 30 days after such referral, the legislative budget committee may hold a
public hearing on the proposed contract and shall issue a report to the referring state agency.
The report shall include any proposed changes to the proposed contract voted upon by the
committee. The state agency shall review the report and adopt a final contract as deemed
appropriate in view of the report and shall file with the chief clerk of the house of repre-
sentatives and the secretary of the senate its final contract.

(3) If the proposed contract does not contain the changes proposed by the legislative
budget committee, the referring state agency shall send a letter to the chief clerk of the
house of representatives and the secretary of the senate accompanying the final contract
stating the reasons why such proposed changes were not adopted. The chief clerk and the
secretary of the senate shall refer such letter and final regulations to the chairperson and
vice chairperson of the legislative budget committee. Not earlier than 45 days after the filing
of such letter and final contract with the chief clerk of the house of representatives and the
secretary of the senate, the state agency or agent shall enter into the final contract.

(4) If no proposed changes to the proposed contract are made to the state agency within
60 days of the initial filing of the proposed contract or any amendment of such contract
with the chief clerk of the house of representatives and the secretary of the senate, the state
agency may enter into the contract.

(5) Nothing in this section shall be construed to expand the authority of any state agency
to enter into contracts where no such authority previously existed.

(f) (1) At the conclusion of any legal proceeding for which a state agency retained
outside counsel on a contingent fee basis, the state shall receive from counsel a statement
of the hours worked on the case, expenses incurred, the aggregate fee amount and a break-
down as to the hourly rate, based on hours worked divided into fee recovered, less expenses.

(2) In no case shall the state incur expenses in excess of $1,000 per hour for legal
services. In cases where a disclosure submitted in accordance with paragraph (1) of this
subsection indicates an hourly rate in excess of $1,000 per hour, the fee amount shall be
reduced to an amount equivalent to $1,000 per hour.

(g) In any action in which the state of Kansas or any state agency is a defendant and a
contract for legal services is to be entered into in accordance with this section, the district
court may continue the action at any stage of the proceedings to provide an extension of
time in order to provide the time required for the state or the state agency to comply with
the provisions of this section. In any such case, if the court does not grant a request for a
continuance for the purpose of complying with the provisions of this section, then the state
agency and the contract for legal services shall not be subject to any period of time pre-
scribed by this section before the contract for legal services may be entered into by the state
agency'';

By renumbering sections accordingly;

Also, on motion of Rep. Klein to amend SB 462, the motion did not prevail.

Also, on motion of Rep. Mays to amend SB 462, the motion was withdrawn. Also, roll
call was demanded on further motion of Rep. Mays to amend on page 2, preceding line 7,
by inserting the following:

``(c) Any contribution received on and after January 1, 1999, by any political committee
described in paragraph (6) of subsection (a) shall be returned to the contributor.'';

On roll call, the vote was: Yeas 79; Nays 33; Present but not voting: 0; Absent or not
voting: 13.

Yeas: Aday, Adkins, Ballard, Ballou, Barnes, Beggs, Benlon, Bethell, Boston, Campbell,
Compton, Cox, Crow, Dahl, Dreher, Edmonds, Faber, Farmer, Flower, Freeborn, Gate-
wood, Geringer, Gregory, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutch-
ins, Jenkins, Johnson, Johnston, Klein, Phill Kline, Krehbiel, Landwehr, Lane, Light, Light-
ner, Lloyd, M. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, Merrick,
Mollenkamp, Jim Morrison, Judy Morrison, Myers, O'Brien, O'Neal, Osborne, Palmer,
Pauls, Pottorff, Powell, Ray, Rehorn, Ruff, Schwartz, Sharp, Showalter, Shriver, Sloan, Span-
gler, Stone, Tanner, Tedder, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Wells, Wilk.

Nays: Alldritt, Allen, Burroughs, Dean, Empson, Feuerborn, Findley, Flaharty, Flora,
Garner, Gilbert, Glasscock, Grant, Haley, Henderson, Henry, Jennison, Larkin, McKechnie,
McKinney, Minor, Neufeld, J. Peterson, Phelps, Powers, Reardon, Reinhardt, Swenson,
Thimesch, Toelkes, Weber, Weiland, Welshimer.

Present but not voting: None.

Absent or not voting: Aurand, Carmody, Hayzlett, Helgerson, Kirk, Phil Kline, Kuether,
P. Long, Nichols, O'Connor, E. Peterson, Shultz, Storm.

The motion of Rep. Mays prevailed.

Also, on motion of Rep. O'Neal to amend SB 462, the motion did not prevail.

Also, roll call was demanded on motion of Rep. Alldritt to amend SB 462 on page 9, in
line 17, by striking ``(1)''; in line 19, by striking ``or (2) hos-''; by striking all in line 20; in
line 21, by striking all before ``from''; following line 25, by inserting:

``(b) No legislator, candidate for membership in the legislature or legislator elect shall
accept, or agree to accept any economic opportunity, gift, loan, gratuity, special discount,
favor or hospitality in the form of recreation and food and beverages or service from any
lobbyist.'';

Also on page 9, in line 27, by striking ``(1)''; by striking all in line 30; in line 31, by striking
all before ``to'';

By relettering subsections (b) and (c) as subsections (c) and (d);

Also on page 9, by striking all in lines 42 and 43;

On page 10, by striking all in lines 1 through 4;

On page 11, following line 1, by inserting:

``Sec. 6. K.S.A. 46-271 is hereby amended to read as follows: 46-271. (a) No lobbyist
shall offer, pay, give or make any economic opportunity, gift, loan, gratuity, special discount,
favor or hospitality in the form of recreation and food and beverages to any legislator,
candidate for membership in the legislature or legislator elect.

(b) Subject to the provisions of subsection (a), no lobbyist shall offer, pay, give or make
any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality or service
having an aggregate value of $40 or more in any calendar year to any state officer or em-
ployee or candidate for state office with a major purpose of influencing such officer or
employee in the performance of official duties or prospective official duties. Hospitality in
the form of recreation, food and beverages are presumed not to be given to influence a
state officer or employee or candidate for state office in the performance of official duties,
except when a particular course of official action is to be followed as a condition thereon.

Except when a particular course of official action is to be followed as a condition thereon,
this section shall not apply to (1) any contribution reported in compliance with the campaign
finance act as amended, or (2) a commercially reasonable loan or other commercial trans-
action in the ordinary course of business.'';

By renumbering sections accordingly;

Also on page 11, in line 2, before ``K.S.A.'' by inserting ``K.S.A. 46-271 and'';

In the title, in line 15, before ``K.S.A.'' by inserting ``K.S.A. 46-271 and'';

On roll call, the vote was: Yeas 102; Nays 13; Present but not voting: 0; Absent or not
voting: 10.

Yeas: Aday, Adkins, Alldritt, Ballard, Ballou, Barnes, Beggs, Benlon, Bethell, Boston,
Burroughs, Campbell, Compton, Cox, Crow, Dahl, Dean, Edmonds, Empson, Faber, Far-
mer, Feuerborn, Findley, Flaharty, Flora, Flower, Garner, Gatewood, Geringer, Gilbert,
Glasscock, Grant, Haley, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Hutch-
ins, Jenkins, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Light, Lightner, M. Long, P. Long, Loyd, Mays, McClure, McCreary,
McKechnie, McKinney, Merrick, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Nich-
ols, O'Brien, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff,
Powell, Powers, Ray, Reardon, Rehorn, Ruff, Schwartz, Sharp, Showalter, Shriver, Sloan,
Spangler, Stone, Storm, Swenson, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vick-
rey, Wagle, Weiland, Welshimer, Wilk.

Nays: Allen, Dreher, Freeborn, Humerickhouse, Jennison, Lloyd, Mason, Minor, Neu-
feld, Reinhardt, Tanner, Vining, Weber.

Present but not voting: None.

Absent or not voting: Aurand, Carmody, Gregory, Hayzlett, Helgerson, Larkin, Mayans,
O'Connor, Shultz, Wells.

The motion of Rep. Alldritt prevailed.

March 23, 2000
Also, roll call was demanded on motion of Rep. Spangler to amend SB 462 on page 1,
following line 18, by inserting the following:

``Section 1. K.S.A. 46-235 is hereby amended to read as follows: 46-235. (a) No state
officer or employee shall accept compensation for performance of official duties, other than
that to which such person is entitled for such performance. No person shall pay or offer to
pay any state officer or employee any compensation for performance of official duties, except
a state officer or employee performing official duties in making payments to state officers
and employees. The receipt of wages or salary from an individual's non-state employer
during a period of service as a state officer or employee shall not be construed as compen-
sation for performance of official duties.

(b) (1) Except as otherwise specifically provided in this subsection, no legislator, state
officer elected on a statewide basis, full-time state officer appointed subject to confirmation
by the senate or the spouse of any such officer shall accept directly or indirectly any present,
promised or contingent moneys, compensation, expenses or other allowance or economic
opportunity:

(A) Which is paid or financed in whole or in part from moneys or funds of, or which
are budgeted for expenditures by, any agency of the state, or any body politic and corporate
or other entity created by any law of the state, except compensation and allowances specif-
ically authorized by law for duties and service of the legislator, state officer elected on a
statewide basis, full-time state officer appointed subject to confirmation by the senate;

(B) under any contract or bond or any kind of debt instrument issued by any agency of
the state or any body politic and corporate or other entity created by any law of the state;
or

(C) under any contract issued by any political or taxing subdivision of the state which
receives an amount equal to 10% or more of the revenues funding its budget of expenditures
in any fiscal year from any agency of the state.

(2) The provisions of part (1) of this subsection shall not apply to:

(A) Any contract or bond awarded or issued by any agency of the state or any body
politic and corporate or other entity created by any law of the state upon the basis of a pure
competitive bid or in accordance with an established fee schedule;

(B) moneys, compensation, allowances or economic opportunities received from any
agency of the state or any body politic and corporate or other entity created by any law of
the state, if such benefit accrues to members of the general public or a specific class of
individuals other than members of the legislature;

(C) the refund of taxes by the state or any political or taxing subdivision;

(D) benefits received pursuant to the order of any court or an action brought in ac-
cordance with the Kansas administrative procedure act;

(E) the receipt of compensation, expenses or other allowances for service to any univer-
sity under the jurisdiction of the state board of regents, the Washburn board of regents, a
community college or a unified school district; or

(F) the receipt of compensation, expenses or other allowances for service in the classified
or unclassified service under the Kansas civil service act by the spouse of any such officer.

(3) Any person violating the provisions of this subsection shall be guilty of a class A
misdemeanor.

(c) Except as otherwise specifically provided in this subsection, no person, in which any
legislator, state officer elected on a statewide basis, full-time state officer appointed subject
to confirmation by the senate or the spouse of any such officer has a substantial interest or
any kind of ownership interest, shall accept any compensation or economic opportunity from
any agency of the state, any body politic and corporate or other entity created by any law
of the state or any political or taxing subdivision of the state which receives an amount equal
to 10% or more of the revenues funding its budget of expenditures in any fiscal year from
any agency of the state. The provisions of this subsection shall not apply to ownership or a
substantial interest consisting of stocks or bonds which are publicly traded or bonds issued
by agencies of the state or bodies politic or corporate or other entities created by any law
of the state.

Sec. 2. K.S.A. 46-242 is hereby amended to read as follows: 46-242. (a) No state officer
or employee shall accept a representation case before a state agency where such officer or
employee knows or should know that it is obviously without merit and is being offered with
intent to obtain improper influence over a state agency.

(b) No state officer or employee shall use threat or promise of official action in an
attempt to influence a state agency in any representation case.

(c) Except as otherwise provided in this subsection, no legislator, or other representative
of any firm of which any legislator is a member or by which any legislator is employed, shall
represent any person in any representation case before any state agency except cases in
which the legislator is representing only the personal interest of the legislator, the interests
of a member of the immediate family of such legislator or a person in which such legislator
has a substantial interest. The provisions of this subsection shall not apply to representation
in workers compensation cases, before the board of tax appeals and proceedings in accord-
ance with the Kansas administrative procedure act.

Sec. 3. K.S.A. 1999 Supp. 74-8904 is hereby amended to read as follows: 74-8904.
Except as otherwise limited by this act, the authority shall have the following powers to:

(a) Sue and be sued;

(b) have a seal and alter such seal;

(c) make and alter bylaws for its organization and internal management;

(d) adopt such rules and regulations as may be necessary to carry out the purposes of
this act;

(e) acquire, hold and dispose of real and personal property for its corporate purposes;

(f) appoint officers, agents and employees, prescribe their duties and qualifications and
fix their compensation;

(g) borrow money and to issue notes, bonds and other obligations pursuant to K.S.A.
74-8905, and amendments thereto, whether or not the interest on which is subject to federal
income taxation, and to provide for the rights of the lenders or holders thereof;

(h) purchase notes or participations in notes evidencing loans which are secured by
mortgages or security interests and to enter into contracts in that regard;

(i) make secured or unsecured loans for any of the purposes for which bonds of the
authority may be issued under this act or to low and moderate income multifamily rental
housing projects participating in programs established in section 42 of the federal internal
revenue code, and provide financing for housing projects and programs in participation with
programs established by the United States department of housing and urban development
or the Kansas department of commerce and housing; except as otherwise provided in this
subsection, nothing in this act shall be construed to authorize the authority to make loans
directly to individuals to finance housing developments;

(j) sell mortgages and security interests at public or private sale, to negotiate modifi-
cations or alterations in mortgage and security interests, to foreclose on any mortgage or

security interest in default or commence any action to protect or enforce any right conferred
upon it by any law, mortgage, security agreement, contract or other agreement, and to bid
for and purchase property which was the subject of such mortgage or security interest at
any foreclosure or at any other sale, to acquire or take possession of any such property, and
to exercise any and all rights as provided by law for the benefit or protection of the authority
or mortgage holders;

(k) collect fees and charges in connection with its loans, bond guarantees, commitments
and servicing, including, but not limited to, reimbursement of costs of financing as the
authority shall determine to be reasonable and as shall be approved by the authority;

(l) make and execute contracts for the servicing of mortgages acquired by the authority
pursuant to this act, and to pay the reasonable value of services rendered to the authority
pursuant to those contracts;

(m) enter into agreements with and accept gifts, grants, loans and other aid from the
federal government, the state, any state agency, any political subdivision of the state, or any
person or corporation, foundation or legal entity, and to agree to and comply with any
conditions attached to federal and state financial assistance not inconsistent with the pro-
visions of this act;

(n) invest moneys of the authority not required for immediate use, including proceeds
from the sale of any bonds, in such manner as the board shall determine, subject to any
agreement with bondholders stated in the authorizing resolution providing for the issuance
of bonds;

(o) procure insurance against any loss in connection with its programs, property and
other assets;

(p) provide technical assistance and advice to the state or political subdivisions of the
state and to enter into contracts with the state or political subdivisions of the state to provide
such services. The state or political subdivisions of the state are hereby authorized to enter
into contracts with the authority for such services and to pay for such services as may be
provided them;

(q) establish accounts in one or more depositories;

(r) lease, acquire, construct, sell and otherwise deal in and contract concerning any
facilities;

(s) have and exercise all of the powers granted to the public housing authorities by the
state, except that the authority shall not have the power of eminent domain;

(t) do any and all things necessary or convenient to carry out purposes of the authority
and exercise the powers given and granted in this act;

(u) assist minority businesses in obtaining loans or other means of financial assistance.
The terms and conditions of such loans or financial assistance, including the charges for
interest and other services, will be consistent with the provisions of this act. In order to
comply with this requirement, efforts must be made to solicit for review and analysis pro-
posed minority business ventures. Basic loan underwriting standards will not be waived to
inconsistently favor minority persons or businesses from the intent of the authority's lending
practices; ~~and~~

(v) form one or more subsidiary corporations under K.S.A. 17-6001 et seq., and amend-
ments thereto, in accordance with the procedures therein contained. Each subsidiary cor-
poration shall be subject to the same restrictions and limitations as to the powers and
purposes to which the authority is subject. The authority may delegate any of its powers,
obligations and duties to any subsidiary corporation by inclusion of such powers, obligations
and duties in the articles of incorporation of the subsidiary corporation. Subsidiary corpo-
rations so formed shall constitute legal entities separate and distinct from each other, the
authority and the state. The authority shall not be liable for the debts or obligations or for
any actions or inactions of its subsidiary corporations unless the authority expressly agrees
otherwise in writing. The authority may make loans or grants to a subsidiary corporation
from time to time to enable the subsidiary corporation to carry out its purposes. The mem-
bers of the authority shall constitute all of the directors of each subsidiary corporation;

(w) adopt rules and regulations establishing guidelines for the awarding of professional
services contracts for state agencies, in accordance with section 4, and amendments thereto;
and

(x) adopt rules and regulations establishing guidelines for the acceptance of competitive
bids upon the sale of bonds by any agency of the state, any body politic and corporate or
any other entity created by any law of the state.

The state, any municipality or any state commission, public authority, agency, officer,
department, board or division authorized and empowered to enter into agreements with, to
grant, convey, lease or otherwise transfer any property to, or to otherwise transact business
with the authority, shall have the same authorization and power to engage in these activities
with each subsidiary corporation of the authority.

One or more such subsidiary corporation may be formed for purposes of establishing
state tax credit equity funds to assist in the development of low-income and middle-income
housing and obtain financing through participation in the program established in section 42
of the federal internal revenue code.

Actions of the authority or any subsidiary corporation relating to housing pursuant to this
subsection (v) shall be carried out in accordance with any terms, conditions and limitations
relating to policy issues regarding housing, as established by the secretary of commerce and
housing.

One or more such subsidiary corporations may be formed for purposes of acquiring or
conveying on behalf of the state and pursuant to this act a project of statewide as well as
local importance, issuing bonds on behalf of the state pursuant to this act to finance a project
of statewide as well as local importance or otherwise financing on behalf of the state pursuant
to this act a project of statewide as well as local importance. The Kansas statewide projects
development corporation is hereby created in accordance with this section.

New Sec. 4. (a) Except as otherwise specifically provided by law, all contracts for the
providing of professional services for state agencies shall be awarded in conformance with
guidelines established pursuant to rules and regulations adopted by the board of directors
of the Kansas development finance authority upon the basis of competitive bids. The director
of purchases and officers and employees of all state agencies shall provide the board of
directors of the Kansas development finance authority with such information, records and
assistance as the board may require in establishing such guidelines.

All bids shall be solicited by notice published in the Kansas register. Notice also shall be
published not less than once in the journal or other publication of the profession for which
such services are to be contracted.

When in the judgment of the board of directors of the Kansas development finance
authority, an agency emergency requires immediate performance of services, competitive
bids need not be required.

(b) As used in this act, ``professional services'' shall mean and include all services pro-
vided under contract to agencies of the state by any member of profession, the members
of which are licensed or regulated under the laws of the state of Kansas.

Sec. 5. K.S.A. 75-3738 is hereby amended to read as follows: 75-3738. Except as oth-
erwise provided in section 4, and amendments thereto, the director of purchases shall:

(a) Purchase, rent or otherwise provide for the furnishing of supplies, materials, equip-
ment or contractual services for all state agencies.

(b) Have power to authorize any state agency to purchase directly certain specified
supplies, materials, equipment or contractual services under prescribed conditions and
procedures.

(c) Prescribe the manner in which supplies, materials and equipment shall be purchased,
delivered and distributed.

(d) Prescribe the time, manner and authentication of making requisitions for supplies,
materials, equipment and contractual services.

(e) Establish standards of quality and quantity and develop standard specifications in
consultation with the several state agencies.

(f) Prescribe the manner of making chemical and physical tests of samples submitted
with bids and samples of deliveries to determine compliance with specifications and the
manner in which state agencies shall inspect all deliveries of supplies, materials and
equipment.

(g) Prescribe the amounts and form of, accounting for and disposition of any deposit or
bond required to be submitted with a bid or a contract and the amount of any such deposit
or bond to be given for the faithful performance of a contract.

(h) Require reports by state agencies of stocks of supplies, materials and equipment on
hand and prescribe the form of such reports and deliver copies of such reports to the director
of purchases and the director of accounts and reports.

Sec. 6. K.S.A. 1999 Supp. 75-3739 is hereby amended to read as follows: 75-3739. In
the manner as provided in this act and rules and regulations established thereunder:

(a) All contracts for construction and repairs, and all purchases of and contracts for
supplies, materials, equipment and contractual services to be acquired for state agencies
shall be based on competitive bids, except that competitive bids need not be required in
the following instances:

(1) For contractual services, supplies, materials, or equipment when, in the judgment
of the director of purchases, no competition exists;

(2) when, in the judgment of the director of purchases, chemicals and other material
or equipment for use in laboratories or experimental studies by state agencies are best
purchased without competition, or where rates are fixed by law or ordinance;

(3) when, in the judgment of the director of purchases, an agency emergency requires
immediate delivery of supplies, materials or equipment, or immediate performance of
services;

(4) when any statute authorizes another procedure or provides an exemption from the
provisions of this section;

(5) when compatibility with existing contractual services, supplies, materials or equip-
ment is the overriding consideration;

(6) when a used item becomes available and is subject to immediate sale; or

(7) when, in the judgment of the director of purchases and the head of the acquiring
state agency, not seeking competitive bids is in the best interest of the state.

When the director of purchases approves a purchase of or contract for supplies, materials,
equipment, or contractual services in any instance specified in this subsection, the director
may delegate authority to make the purchase or enter the contract under conditions and
procedures prescribed by the director.

The director of purchases shall prepare a detailed report at least once in each calendar
quarter of all contracts over $5,000 entered into without competitive bids under subsection
(a)(1), (2), (3), (5), (6) or (7). The director shall submit the report to the legislative coor-
dinating council, the chairperson of the committee on ways and means of the senate, the
chairperson of the committee on appropriations of the house of representatives and the
chairperson of the Kansas performance review board.

(b) (1) If the amount of the purchase is estimated to exceed $50,000, sealed bids shall
be solicited by notice published once in the Kansas register not less than 10 days before the
date stated in the notice for the opening of the bids. The director of purchases may waive
this publication of notice requirement when the director determines that a more timely
procurement is in the best interest of the state. The director of purchases also may designate
a trade journal for the publication. The director of purchases also shall solicit such bids by
sending notices by mail to prospective bidders and by posting the notice on a public bulletin
board for at least 10 business days before the date stated in the notice for the opening of
the bids unless otherwise provided by law. All bids shall be sealed when received and shall
be opened in public at the hour stated in the notice.

(2) The director of purchases shall prepare a detailed report at least once in each cal-
endar quarter of all instances in which the director waived publication of the notice of bid
solicitations in the Kansas register as provided in this subsection. The director shall submit
the report to the legislative coordinating council, the chairperson of the committee on ways
and means of the senate, the chairperson of the committee on appropriations of the house
of representatives and the chairperson of the Kansas performance review board.

(c) All purchases estimated to exceed approximately $25,000 but not more than $50,000,
shall be made after receipt of sealed bids following at least three days' notice posted on a
public bulletin board.

(d) All purchases estimated to be more than $5,000, but less than $25,000, may be made
after the receipt of three or more bid solicitations by telephone, telephone facsimile or
sealed bid, following at least three days' notice posted on a public bulletin board. Such bids
shall be recorded as provided in subsection (e) of K.S.A. 75-3740, and amendments thereto.
Any purchase that is estimated to be less than $5,000 may be purchased under conditions
and procedures prescribed by the director of purchases. Purchases made in compliance with
such conditions and procedures shall be exempt from other provisions of this section.

(e) With the approval of the secretary of administration, the director of purchases may
delegate authority to any state agency to make purchases of less than $25,000 under certain
prescribed conditions and procedures. The director of purchases shall prepare a report at
least once in each calendar quarter of all current and existing delegations of authority to
state agencies as provided in this subsection. The director shall submit the report to the
legislative coordinating council, the chairperson of the committee on ways and means of the
senate, the chairperson of the committee on appropriations of the house of representatives
and the chairperson of the Kansas performance review board.

(f) Subject to the provisions of subsection (e), contracts and purchases shall be based
on specifications approved by the director of purchases. When deemed applicable and fea-
sible by the director of purchases, such specifications shall include either energy efficiency
standards or appropriate life cycle cost formulas, or both, for all supplies, materials, equip-
ment and contractual services to be purchased by the state. The director of purchases may
reject a contract or purchase on the basis that a product is manufactured or assembled
outside the United States. No such specifications shall be fixed in a manner to effectively
exclude any responsible bidder offering comparable supplies, materials, equipment or con-
tractual services.

(g) Notwithstanding anything herein to the contrary, all contracts with independent
construction concerns for the construction, improvement, reconstruction and maintenance
of the state highway system and the acquisition of rights-of-way for state highway purposes
shall be advertised and let as now or hereafter provided by law.

(h) The director of purchases may authorize state agencies to contract for services and
materials with other state agencies, or with federal agencies, political subdivisions of Kansas,
agencies of other states or subdivisions thereof, or private nonprofit educational institutions,
without competitive bids.

(i) The director of purchases may participate in, sponsor, conduct, or administer a co-
operative purchasing agreement or consortium for purchases of supplies, materials, equip-
ment, and contractual services with federal agencies or agencies of other states or local units
of government. Cooperative purchasing agreements entered into under this subsection shall
not be subject to K.S.A. 75-3739 through 75-3740a, and amendments thereto. Nothing in
this subsection shall allow federal grant moneys to be handled differently from any other
moneys of the state unless the requirements of the applicable federal grant specifically
require such federal moneys to be handled differently.

(j) The director of purchases may delegate authority to any state agency to make pur-
chases under certain prescribed conditions and procedures when the acquisition is funded,
in whole or in part, from a grant. Purchases made in compliance with such conditions and
procedures shall be exempt from other provisions of this section. As used in this subsection
the term ``grant'' means a disbursement made from federal or private funds, or a combi-
nation of these sources, to a state agency.

(k) The director of purchases shall prepare a detailed report at least once each calendar
quarter of all contracts for services, supplies, materials or equipment entered into pursuant
to subsection (h), (i) or (j) and submit it to the legislative coordinating council, the chair-
person of the committee on ways and means of the senate, the chairperson of the committee
on appropriations of the house of representatives and the chairperson of the Kansas per-
formance review board.

(l) Except as otherwise specifically provided by law, no state agency shall enter into any
lease of real property without the prior approval of the secretary of administration. A state
agency shall submit to the secretary of administration such information relating to any pro-
posed lease of real property as the secretary may require. The secretary of administration
shall either approve, modify and approve or reject any such proposed lease.

(m) The director of purchases shall require all bidders on state contracts to disclose all
substantial interests held by the bidder in the state.

(n) Notwithstanding anything herein to the contrary, the final determination and award-
ing of all contracts for the providing of professional services for state agencies, shall be
awarded in conformance with guidelines established pursuant to rules and regulations
adopted by the board of directors of the Kansas development finance authority and as pro-
vided by K.S.A. 74-8904 and section 4, and amendments thereto.

Sec. 7. K.S.A. 75-3740 is hereby amended to read as follows: 75-3740. (a) Except as
provided by K.S.A. 75-3740b, all contracts and purchases made by or under the supervision
of the director of purchases or any state agency for which competitive bids are required
shall be awarded to the lowest responsible bidder, taking into consideration conformity with
the specifications, terms of delivery, and other conditions imposed in the call for bids.

(b) Except as otherwise provided in subsection (g), the director of purchases shall have
power to decide as to the lowest responsible bidder for all purchases, but if:

(1) The dollar amount of the bid received from the lowest responsible bidder from
within the state is identical to the dollar amount of the bid received from the lowest re-
sponsible bidder from without the state, the contract shall be awarded to the bidder from
within the state;

(2) in the case of bids for paper products specified in K.S.A. 75-3740b, the dollar
amounts of the bids received from two or more lowest responsible bidders are identical, the
contract shall be awarded to the bidder whose bid is for those paper products containing
the highest percentage of recyclable materials; and

(3) in the case of bids for paper products specified in K.S.A. 75-3740b, and amendments
thereto, the dollar amounts of the bids received from two or more lowest responsible bidders
are identical, the contract shall be awarded to the bidder whose bid is for those paper
products containing the highest percentage of recycled materials.

(c) Except as otherwise provided in subsection (g), any or all bids may be rejected, and
a bid shall be rejected if it contains any material alteration or erasure. The director of
purchases may reject the bid of any bidder who is in arrears on taxes due the state, who is
not properly registered to collect and remit taxes due the state or who has failed to perform
satisfactorily on a previous contract with the state. The secretary of revenue is hereby au-
thorized to exchange such information with the director of purchases as is necessary to
effectuate the preceding sentence notwithstanding any other provision of law prohibiting
disclosure of the contents of taxpayer records or information. Prior to determining the lowest
responsible bidder on contracts for construction of buildings or for major repairs or im-
provements to buildings for state agencies, the director of purchases shall consider: (1) The
criteria and information developed by the secretary of administration, with the advice of the
state building advisory commission to rate contractors on the basis of their performance
under similar contracts with the state, local governmental entities and private entities, in
addition to other criteria and information available, and (2) the recommendations of the
project architect, or, if there is no project architect, the recommendations of the secretary
of administration or the agency architect for the project as provided in K.S.A. 75-1254, and
amendments thereto. In any case where competitive bids are required and where all bids
are rejected, new bids shall be called for as in the first instance, unless otherwise expressly
provided by law.

(d) Before the awarding of any contract for construction of a building or the making of
repairs or improvements upon any building for a state agency, the director of purchases
shall receive written approval from the state agency for which the building construction
project has been approved, that the bids generally conform with the plans and specifications
prepared by the project architect, by the secretary of administration or by the agency ar-
chitect for the project, as the case may be, so as to avoid error and mistake on the part of
the contractors. In all cases where material described in a contract can be obtained from
any state institution, the director of purchases shall exclude the same from the contract.

(e) All bids with the names of the bidders and the amounts thereof, together with all
documents pertaining to the award of a contract, shall be made a part of a file or record
and retained by the director of purchases for five years, unless reproduced as provided in

K.S.A. 75-3737, and amendments thereto, and shall be open to public inspection at all
reasonable times.

(f) As used in this section and in K.S.A. 75-3741, and amendments thereto, ``project
architect'' shall have the meaning ascribed thereto in K.S.A. 75-1251, and amendments
thereto.

(g) The final determination and awarding of all contracts for the providing of profes-
sional services for state agencies, shall be awarded in conformance with guidelines estab-
lished pursuant to rules and regulations adopted by the board of directors of the Kansas
development finance authority and as provided in K.S.A. 74-8904 and section 4, and amend-
ments thereto.

Sec. 8. K.S.A. 75-3784 is hereby amended to read as follows: 75-3784. (a) Except as
otherwise provided in subsection (b), the secretary of administration is hereby authorized
to contract for ancillary technical services for any project for the construction of a building
or for repairs or improvements to a building for a state agency which are not provided by
any firm or state agency providing architectural services or engineering services for the
project. Such ancillary technical services shall include but not be limited to geology services
and other soil or subsurface investigation and testing services, surveying, adjusting and bal-
ancing of air conditioning, ventilating, heating and other mechanical building systems, test-
ing and consultant services. Such contract shall not be subject to the provisions of K.S.A.
75-3739, and amendments thereto, or to the provisions of the acts contained in articles 54
or 58 of chapter 75 of the Kansas Statutes Annotated. Expenditures for such ancillary tech-
nical services shall be made from funds appropriated for the project or available therefor.

(b) The final determination and awarding of all contracts for the providing of profes-
sional services for state agencies shall be awarded in conformance with guidelines established
pursuant to rules and regulations adopted by the board of directors of the Kansas develop-
ment finance authority and as provided in K.S.A. 74-8904 and section 4, and amendments
thereto.

Sec. 9. K.S.A. 75-3799 is hereby amended to read as follows: 75-3799. (a) Upon request
of the chief administrative officer of a state agency and subject to the approval of the
secretary of administration, the director of purchases may convene a financial services ne-
gotiating committee to obtain financial services for the state agency under this section.

(b) Each financial services negotiating committee shall be composed of (1) the director
of purchases, or a person designated by the director of purchases, (2) the chief administrative
officer of the state agency needing financial services, or a person designated by the officer,
and (3) the director of accounts and reports, or a person designated by the director of
accounts and reports.

(c) The financial services negotiating committee is authorized to negotiate contracts with
qualified parties to provide financial services, including services relating to installment pur-
chase, lease, or lease-purchase of equipment or to other financial related services needed
by the state agency.

(d) Prior to negotiating for financial services, the committee shall advertise for propos-
als, negotiate with one or more of the firms submitting proposals and select from among
those submitting such proposals the party to contract with for the purpose of providing
financial services.

(e) Contracts entered into pursuant to this section for financial services shall not be
subject to the provisions of K.S.A. 75-3738 to through 75-3740a, ~~inclusive, and any~~ and
amendments thereto.

(f) The provisions of this section shall not apply to the awarding of contracts for the
providing of professional services as defined by section 4, and amendments thereto.

Sec. 10. K.S.A. 75-37,102 is hereby amended to read as follows: 75-37,102. (a) Upon
request of the chief administrative officer of a state agency and subject to the approval of
the secretary of administration, the director of purchases may convene a procurement ne-
gotiating committee to obtain services or technical products for the state agency.

(b) Each procurement negotiating committee shall be composed of: (1) The director of
purchases, or a person designated by the director; (2) the chief administrative officer of the
state agency desiring to make the procurement, or a person designated by the officer; and
(3) the secretary of administration, or a person designated by the secretary.

(c) The negotiating committee is authorized to negotiate for the procuring state agency
contracts with qualified parties to provide services or technical products needed by the state
agency.

(d) Prior to negotiating for the procurement, a notice to bidders first shall be published
in the Kansas register. Upon receipt of bids or proposals, the committee may negotiate with
one or more of the firms submitting bids or proposals and select from among those sub-
mitting such bids or proposals the party to contract with to provide the services or technical
products.

(e) Contracts entered into pursuant to this section shall not be subject to the provisions
of K.S.A. 75-3738 through 75-3740a, and amendments thereto. Meetings to conduct ne-
gotiations pursuant to this section shall not be subject to the provisions of K.S.A. 75-4317
through 75-4320a, and amendments thereto. The director of purchases shall submit a report
at least once in each calendar quarter to the legislative coordinating council and the chair-
persons of the senate committee on ways and means and the house of representatives com-
mittee on appropriations of all contracts entered into pursuant to this section. In the event
that the negotiating committee selects a bid which is not the lowest bid on a given contract,
the directors report shall contain a rationale explaining why the lowest bidder was not
awarded the contract.

(f) Nothing in this section shall be construed as requiring either negotiations pursuant
to this section or bids pursuant to K.S.A. 75-3739, and amendments thereto, for the pro-
curement of professional services or services for which, in the judgment of the director of
purchases, meaningful specifications cannot be determined.

(g) The provisions of this section shall not apply to the awarding of contracts for the
providing of professional services as defined by section 4, and amendments thereto.

Sec. 11. K.S.A. 75-430a is hereby amended to read as follows: 75-430a. (a) Any state
agency in the executive branch of state government authorized by law to negotiate for
contracts for ~~ancillary technical~~ services relating to construction or remodeling projects, or
~~architectural, engineering, actuarial, auditing or accounting services,~~ other than as an expert
witness for the purposes of litigation, shall publish a notice of the commencement of such
negotiations in the Kansas register at least 15 days prior to the commencement of such
negotiations. The director of purchases may require a state agency to publish such a notice
for any other contract that will be negotiated.

This subsection shall not apply to ~~the acquisition of legal services by any state agency in~~
~~the executive branch, to~~ emergency purchases or services reported in accordance with K.S.A.
75-3739, and amendments thereto, or to the acquisition of any services by any state agency
in the legislative or judicial branches of state government.

This subsection shall not apply to sales of property obtained pursuant to the federal
property and administrative services act.

(b) Any state agency authorized to negotiate the sale of any personal property of the
state or a state agency, other than to another state agency, shall publish a notice of the
commencement of such negotiations in the Kansas register at least 15 days prior to the
commencement of such negotiations.

(c) Any state agency authorized by law to enter into leases on real property of the state
or a state agency for the production of oil, natural gas, sand, gravel or any other mineral, or
combination thereof, by competitive bids or other procedures as authorized by law, shall
publish a notice of intention to enter into a lease for such mineral production in the Kansas
register at least 30 days prior to the bid opening or the commencement of such other
procedure as authorized by law.

(d) Any state agency authorized by law to lease or sell any real property of the state or
any state agency or any interest in such real property, other than to another state agency or
a political subdivision, shall publish a notice of intention to lease or sell state real property
at least 30 days prior to commencement of bidding or other procedure authorized by law.

Sec. 12. K.S.A. 75-1250 is hereby amended to read as follows: 75-1250. The legislature
hereby declares it to be the policy of this state to announce publicly all requirements for
architectural services, and to ~~negotiate~~ award contracts for architectural services on the
basis of demonstrated competence and qualification for the type of professional services
required and at fair and reasonable prices.

Sec. 13. K.S.A. 75-1251 is hereby amended to read as follows: 75-1251. As used in
K.S.A. 75-1250 through 75-1267, and amendments thereto, unless the context otherwise
requires:

(a) ``Firm'' means such individual, firm, partnership, corporation, association, or other
legal entity which is: (1) permitted by law to practice the profession of architecture; and (2)
maintaining an office in Kansas staffed by one or more architects who are licensed by the
board of technical professions; or (3) not maintaining an office in Kansas but which is
qualified to perform special architectural services that are required in special cases where
in the judgment of the secretary of administration it is necessary to go outside the state to
obtain such services.

(b) ~~``Negotiating committee'' means a committee to negotiate as provided in this act,~~
~~and consisting of (1) the head of the state agency for which the proposed project is planned~~
~~or of the state agency which controls and supervises the operation and management of the~~
~~institution for which the proposed project is planned, if such is the case, or a person des-~~
~~ignated by the head of the agency, (2) the head of the institution for which the proposed~~
~~project is planned, or a person designated by the head of the institution, and (3) the director~~
~~of the division of architectural services, or a person designated by the director, who shall~~
~~act as chairperson of the committee. When the proposed project is not planned for an~~
~~institution, the state agency head shall designate a second person in lieu of the head of an~~
~~institution.~~

~~(c)~~ ``Architectural services'' means those services described in subsection (e) of K.S.A.
74-7003, and amendments thereto.

~~(d)~~ (c) ``Project architect'' means a firm employed under this act for a particular project.

~~(e)~~ (d) ``State building advisory commission'' means the state building advisory com-
mission created by K.S.A. 75-3780, and amendments thereto, or any duly authorized officer
or employee of such commission.

~~(f)~~ (e) ``State agency'' includes any state institution.

Sec. 14. K.S.A. 75-1253 is hereby amended to read as follows: 75-1253. (a) Whenever
it becomes necessary in the judgment of the secretary of administration ~~or in any case when~~
~~the total cost of a project~~ for the construction of a building or for major repairs or improve-
ments to a building for a state agency ~~is expected to exceed $500,000~~, the secretary of
administration shall ~~convene a negotiating committee. The state building advisory commis-~~
~~sion shall prepare a list of at least three and not more than five firms which are, in the~~
~~opinion of the state building advisory commission, qualified to serve as project architect for~~
~~the project. Such list shall be submitted to the negotiating committee, without any recom-~~
~~mendation of preference or other recommendation. The secretary of administration shall~~
~~meet with each negotiating committee and shall advise the negotiating committee but shall~~
~~have no vote in the selection process or other matter upon which the committee may vote~~
notify the director of purchases that bids should be solicited for the services of a project
architect for such project.

(b) The secretary of administration may combine two or more separate projects for the
construction of buildings or for major repairs or improvements to buildings for state agen-
cies, for the purpose of procuring architectural services for all such projects from a single
firm. In each case, the combined projects shall be construed to be a single project for all
purposes under the provisions of K.S.A. 75-1250 to through 75-1267, ~~inclusive,~~ and amend-
ments thereto.

(c) (1) This section shall not apply to any repetitive project with a standard plan that
was originally designed by the secretary of administration or an agency architect pursuant
to paragraphs (2) and (3) of subsection (a) of K.S.A. 75-1254, and amendments thereto. In
such a case, the secretary of administration or the agency architect may provide architectural
services for the repetitive project. The repetitive design exception authorized by this sub-
section shall not apply if the in-house architectural design section of the division of archi-
tectural services has a staff of greater than one chief architect and five designers.

(2) ``Repetitive project'' means a project which uses the same standard design as was
used for a project constructed previously, including, but not limited to, sub-area shops and
salt domes of the department of transportation and showers and toilet buildings of the
department of wildlife and parks. The plans for the project may be modified as required for

current codes, operational needs or cost control. The total floor area of the project may be
increased by an area of not more than 25% of the floor area of the originally constructed
project, except that not more than 25% of the linear feet of the exterior and interior walls
may be moved for such increase. A project shall not be considered to be repetitive if it has
been over four years between the substantial completion of the last project using the design
plans and the appropriation of funds for the proposed project.

Sec. 15. K.S.A. 75-1254 is hereby amended to read as follows: 75-1254. (a) Whenever
a ~~negotiating committee is not convened in accordance with K.S.A. 75-1253 and amend-~~
~~ments thereto~~ contract for architectural services is not proposed for ~~a proposed~~ any project
for the construction of a building or for major repairs or improvements to a building for a
state agency, the secretary of administration shall:

~~(1) Conduct discussions with at least three firms regarding the proposed project, de-~~
~~termine the architectural services desired for such project, and negotiate a contract with~~
~~one of such firms as project architect for the desired architectural services for all phases of~~
~~the project which are authorized by appropriations therefor at a rate of compensation not~~
~~in excess of those specified in K.S.A. 75-1263 and amendments thereto;~~

~~(2) undertake to provide all or part of the architectural services for such project, in-~~
~~cluding the construction administration services as described in K.S.A. 75-1260 and amend-~~
~~ments thereto; or~~

~~(3)~~ designate a qualified employee of the state agency or institution for which the project
is being constructed, or of the state agency which controls and supervises the operation and
management of such institution, to provide all or part of such services for the project; for
the purposes of providing such architectural services, such employee shall be known as the
agency architect for the project.

(b) The employee of such agency designated as the agency architect for the project shall
be a licensed architect under the provisions of K.S.A. 74-7001 to through 74-7035, ~~inclusive,~~
and amendments thereto and shall be found by the secretary of administration to be qualified
to perform all of the architectural services for the particular project, including the construc-
tion administration services as described in K.S.A. 75-1260, and amendments thereto.

(c) The secretary of administration or the agency architect for the project, as the case
may be, shall provide the preliminary design services, construction contract documents,
bidding services and construction administration services as described in K.S.A. 75-1260,
and amendments thereto, for each phase of the project for which no firm is employed as
project architect.

Sec. 16. K.S.A. 75-1255 is hereby amended to read as follows: 75-1255. A written de-
scription of the scope or program of the project shall be prepared by the head of the state
agency for which the project is proposed ~~and submitted to the negotiating committee. The~~
~~negotiating committee may approve the description as submitted or may revise and amend~~
~~or reject all or any part of such description. The description in the form approved by the~~
~~negotiating committee shall be used in the negotiations between the committee and quali-~~
~~fied firms~~. Such description shall be the basis for the project development ~~and the project~~
~~description shall not be altered therefrom without the prior approval of the negotiating~~
~~committee~~.

Sec. 17. K.S.A. 75-1258 is hereby amended to read as follows: 75-1258. (a) Each con-
tract for architectural services ~~negotiated under K.S.A. 75-1254 or 75-1257, and amend-~~
~~ments thereto~~ awarded, shall be entered into between the secretary of administration and
the firm selected as the project architect. Each such contract shall require the project
architect to submit evidence which is satisfactory to the secretary of administration that the
firm has general professional liability insurance or specific professional liability insurance
which is adequate for the project.

(b) In addition to the requirements in subsection (a), each such contract for architectural
services shall specify the responsibilities undertaken by the project architect and that the
project architect shall be responsible for all of such architect's negligent acts, errors or
omissions in the performance of such contract.

Sec. 18. K.S.A. 75-1265 is hereby amended to read as follows: 75-1265. Whenever the
~~negotiating committee and the~~ secretary of administration, with the advice of the state
building advisory commission, agree with regard to a specific project that the best interests

of the state would be served, ~~the negotiating committee may enter into~~ a contract with any
qualified company or person for construction management services for such project shall
be awarded in conformance with guidelines established pursuant to rules and regulations
adopted by the board of directors of the Kansas development finance authority and as pro-
vided in K.S.A. 74-8904 and section 4, and amendments thereto. Such services may include:
Detail cost estimating, critical path method scheduling and monitoring, drafting contract
documents for necessary phasing and grouping, drafting contracts and change orders, full-
time inspection and checking and approving shop drawings, color schedules, and materials.
The fee for services under this section shall ~~be negotiated by the negotiating committee but~~
~~shall~~ not exceed one percent (1%) of the estimated cost of the project, and such fees shall
be in addition to fees authorized under K.S.A. 75-1263, and amendments thereto.

Sec. 19. K.S.A. 1999 Supp. 40-3410 is hereby amended to read as follows: 40-3410.
When the insurer of a health care provider or inactive health care provider covered by the
fund has agreed to settle its liability on a claim against its insured or when the self-insurer
has agreed to settle liability on a claim and the claimant's demand is in an amount in excess
of such settlement, or where a claim is against an inactive health care provider covered by
the fund who does not have liability insurance in effect which is applicable to the claim, or
where it would otherwise be in the best interest of the fund, the claimant and the board of
governors may negotiate on an amount to be paid from the fund. The board of governors
may ~~employ~~ request that independent counsel be employed to represent the interest of the
fund in any such negotiations. All contracts for the providing of such services shall be
awarded in conformance with guidelines established pursuant to rules and regulations
adopted by the board of directors of the Kansas development finance authority and as pro-
vided in K.S.A. 74-8904 and section 4, and amendments thereto. In the event the claimant
and the board of governors agree upon an amount the following procedure shall be followed:

(a) A petition shall be filed by the claimant with the court in which the action is pending
against the health care provider or the inactive health care provider, or if none is pending,
in a court of appropriate jurisdiction, for approval of the agreement between the claimant
and the board of governors.

(b) The court shall set such petition for hearing as soon as the court's calendar permits,
and notice of the time, date and place of hearing shall be given to the claimant, the health
care provider or inactive health care provider, and to the board of governors.

(c) At such hearing the court shall approve the proposed settlement if the court finds
it to be valid, just and equitable.

(d) In the event the settlement is not approved, the procedure set forth in K.S.A. 40-
3411 and amendments thereto shall be followed.

Sec. 20. K.S.A. 1999 Supp. 40-3411 is hereby amended to read as follows: 40-3411. (a)
In any claim in which the insurer of a health care provider or inactive health care provider
covered by the fund has agreed to settle its liability on a claim against its insured or when
the self-insurer has agreed to settle liability on a claim and the claimant's demand is in an
amount in excess of such settlement, to which the board of governors does not agree, or
where the claim is against an inactive health care provider covered by the fund who does
not have liability insurance in effect which is applicable to the claim and the claimant and
board of governors cannot agree upon a settlement, an action must be commenced by the
claimant against the health care provider or inactive health care provider in a court of
appropriate jurisdiction for such damages as are reasonable in the premises. If an action is
already pending against the health care provider or inactive health care provider, the pending
action shall be conducted in all respects as if the insurer or self-insurer had not agreed to
settle.

(b) Any such action against a health care provider covered by the fund or inactive health
care provider covered by the fund who has liability insurance in effect which is applicable
to the claim shall be defended by the insurer or self-insurer in all respects as if the insurer
or self-insurer had not agreed to settle its liability. Notwithstanding any other provision of
law, the insurer or self-insurer shall be reimbursed from the fund for the costs of such
defense incurred after the settlement agreement was reached, including a reasonable attor-
ney's fee not to exceed the maximum hourly rate established by the board of governors. The
board of governors ~~is authorized to employ~~ may request that independent counsel be em-

ployed in any such action against a health care provider or an inactive health care provider
covered by the fund. All contracts for the providing of such services shall be awarded in
conformance with guidelines established pursuant to rules and regulations adopted by the
board of directors of the Kansas development finance authority and as provided in K.S.A.
74-8904 and section 4, and amendments thereto. If the primary carrier or self-insurer de-
termines that the policy limits or the self-insured amount of basic coverage should be ten-
dered to the fund in order to relieve itself of further costs of defense, it may do so in the
manner specified by the board of governors. In the event of such a tender, the fund shall
become responsible for the conduct of the defense. In the event of such a tender, competitive
bids shall not be required and the board of governors may employ the attorney retained by
the primary carrier or self-insurer or appoint other counsel to represent such health care
provider. In any event, the board of governors shall pay attorneys' fees at a rate not to exceed
the maximum hourly rate established by the board of governors. Under such circumstances,
the fund shall have no liability for attorneys' fees to any attorney not so appointed.

(c) In any such action the health care provider or the inactive health care provider
against whom claim is made shall be obligated to attend hearings and trials, as necessary,
and to give evidence.

(d) The costs of the action shall be assessed against the fund if the recovery is in excess
of the amount offered by the board of governors to settle the case and against the claimant
if the recovery is less than such amount.

Sec. 21. K.S.A. 1999 Supp. 44-566a is hereby amended to read as follows: 44-566a. (a)
There is hereby created in the state treasury the workers compensation fund. The commis-
sioner of insurance shall be responsible for administering the workers compensation fund,
and all payments from the workers compensation fund shall be upon warrants of the director
of accounts and reports issued pursuant to vouchers approved by the commissioner of in-
surance or a person or persons designated by the commissioner. The commissioner of in-
surance annually shall report to the governor and the legislature the receipts and disburse-
ments from the workers compensation fund during the preceding fiscal year.

(b) (1) On June 1 of each year, the commissioner of insurance shall impose an assess-
ment against all insurance carriers, self-insurers and group-funded workers compensation
pools insuring the payment of compensation under the workers compensation act, and the
same shall be due and payable to the commissioner on the following July 1, the proceeds
of which shall be credited to the workers compensation fund. The total amount of each such
assessment shall be equal to an amount sufficient, in the opinion of the commissioner of
insurance, to pay all amounts, including attorney fees and costs, which may be required to
be paid from such fund during the current fiscal year, less the amount of the estimated
unencumbered balance in the workers compensation fund as of the June 30 immediately
preceding the date the assessment is due and payable under this section. The total amount
of each such assessment shall be apportioned among those upon whom it is imposed, such
that each is assessed an amount that bears the same relation to such total assessment as the
amount of money paid or payable in workers compensation claims by such insurance carrier,
self-insurer or group-funded workers compensation pool in the immediately preceding cal-
endar year bears to all such claims paid or payable during such calendar year. The com-
missioner of insurance may establish experience-based rates of assessments under this sub-
section and make adjustments in the assessments imposed under this subsection based on
the success of accident prevention programs under K.S.A. 44-5,104, and amendments
thereto, and other employer safety programs.

(2) The commissioner of insurance shall remit all moneys received by or for such com-
missioner under this subsection to the state treasurer. Upon receipt of any such remittance
the state treasurer shall deposit the entire amount thereof in the state treasury to the credit
of the workers compensation fund.

(c) (1) Whenever the workers compensation fund may be made liable for the payment
of any amounts in proceedings under the workers compensation act, the commissioner of
insurance, in the capacity of administrator of such fund, shall be impleaded in such pro-
ceedings and shall represent and defend the workers compensation fund. The commissioner
of insurance shall be deemed impleaded in any such proceedings whenever written notice
of the proceedings setting forth the nature of the liability asserted against the workers

compensation fund, is given to the commissioner of insurance. The commissioner of insur-
ance may be made a party in this manner by any party to the proceedings. A copy of the
written notice shall be given to the director and to all other parties to the proceedings.

(2) The administrative law judge shall dismiss the workers compensation fund from any
proceeding where the administrative law judge has determined that there is insufficient
evidence to indicate involvement by the workers compensation fund.

(3) In any case in which the workers compensation fund has been impleaded by the
employer or insurance carrier and where an award has been entered deciding all of the
issues in the employee's claim against the employer, but not deciding the issues between
the employer and the fund, the fund may file an application with the administrative law
judge requesting that the fund be dismissed from the case with prejudice. The employer
shall have a period of six months from the filing of the application in which to complete the
employer's evidence on the fund issues and submit the case to the administrative law judge
for decision. The fund shall then have a period of 60 days after the submission of the
employer's evidence to submit its own evidence concerning the fund issues in the case. If
the employer fails to do so, the administrative law judge shall dismiss the fund from the
case with prejudice on the judge's own motion.

(d) The commissioner of insurance, in the capacity of administrator of the workers
compensation fund, may make settlements of any amounts which may be payable from the
workers compensation fund with regard to any claim under the workers compensation act,
subject to the approval of the director.

(e) The workers compensation fund shall be liable for:

(1) Payment of awards to handicapped employees in accordance with the provisions of
K.S.A. 44-569, and amendments thereto, for claims arising prior to July 1, 1994;

(2) payment of workers compensation benefits to an employee who is unable to receive
such benefits from such employee's employer under the conditions prescribed by K.S.A.
44-532a, and amendments thereto;

(3) reimbursement of an employer or insurance carrier pursuant to the provisions of
K.S.A. 44-534a ~~and amendments thereto~~, subsection (d) of K.S.A. 44-556 ~~and amendments~~
~~thereto~~, subsection (c) of K.S.A. 44-569 ~~and amendments thereto~~ and K.S.A. 44-569a, and
amendments ~~thereto~~ to such sections;

(4) payment of the actual expenses of the commissioner of insurance which are incurred
for administering the workers compensation fund, subject to the provisions of appropriations
acts; and

(5) any other payments or disbursements provided by law.

(f) If it is determined that the workers compensation fund is not liable as described in
subsection (e), attorney fees incurred by the workers compensation fund may be assessed
against the party who has impleaded the workers compensation fund other than impleadings
pursuant to K.S.A. 44-532a, and amendments thereto.

(g) The commissioner of insurance shall provide for the implementation of the workers
compensation fund as provided in this section and shall be responsible for ensuring the
fund's adequacy to meet and pay claims awarded against it.

(h) All contracts to provide any legal services for the commissioner of insurance in the
administration of the workers compensation fund shall be submitted to competitive bid and
the contract shall be awarded in conformance with guidelines established pursuant to rules
and regulations adopted by the board of directors of the Kansas development finance au-
thority and as provided in K.S.A. 74-8904 and section 4, and amendments thereto.

Sec. 22. K.S.A. 59-2006 is hereby amended to read as follows: 59-2006. (a) A person's
spouse and the parents of a person who is a minor shall be bound by law to support the
person if the person is committed to, admitted to, transferred to or received as a patient at
a state institution. Payment for the maintenance, care and treatment of any patient in a state
institution irrespective of the manner of such patient's admission shall be paid by the patient,
by the conservator of such patient's estate or by any person bound by law to support such
patient. The secretary of social and rehabilitation services may recover the basic maximum
charge established as provided for in subsection (a) of K.S.A. 59-2006b, and amendments
thereto, or the actual per patient costs established as provided in subsection (b) of K.S.A.
59-2006b, and amendments thereto, as compensation for the maintenance, care and treat-

ment of a patient from such patient when no legal disability exists, or from the estate of
such patient or from any person bound by law to support such patient.

(b) The secretary of social and rehabilitation services shall periodically and not less than
once during each fiscal year make written demand upon the patient or person liable for the
amount claimed by the secretary to have accrued since the last demand was made, and no
action shall be commenced by the secretary against such patient or such patient's responsible
relatives for the recovery thereof unless such action is commenced within three years after
the date of such written demand. When any part of the amount claimed to be due has been
paid or any acknowledgment of an existing liability, debt or claim, or any promise to pay
the same has been made by the obligor, an action may be brought in such case within three
years after such payment, acknowledgment or promise, but such acknowledgment or prom-
ise must be in writing signed by the party to be charged thereby. If there are two or more
joint debtors, no one of whom is entitled to act as the agent of the others, no such joint
debtor shall lose the benefit of the statute of limitations so as to be chargeable by reason of
any acknowledgment, promise or payment made by any other or others of them, unless
done with the knowledge and consent of, or ratified by, the joint debtor sought to be charged.
The secretary may accept voluntary payments from patients or relatives or from any source,
even though the payments are in excess of required amounts and shall deposit the same as
provided by law.

(c) The secretary of social and rehabilitation services shall have the power to compro-
mise and settle any claim due or claimed to be due from such patient or such patient's
relatives who are liable for the patient's care, maintenance and treatment and upon payment
of a valuable consideration by the patient or the persons bound by law to support such
patient, may discharge and release the patient or relative of any or all past liability herein.
Whenever the secretary shall negotiate a compromise agreement to settle any claim due or
claimed to be due from a patient or such patient's relatives responsible under this act to
support the patient, no action shall thereafter be brought or claim made for any amounts
due for the care, maintenance and treatment of such patient incurred prior to the effective
date of the agreement entered into, except for the amounts provided for in the agreement
if the provisions of such compromise agreement are faithfully performed. In the event the
terms and conditions of such compromise agreement are not complied with, such failure to
comply shall serve to revive and reinstate the original amount of the claim due before
negotiation of such compromise agreement, less amounts paid on the claim.

(d) The secretary of social and rehabilitation services may request that a contract be
entered into with an attorney admitted to practice in this state or with any debt collection
agency doing business within or without this state to assist in the collection of amounts
claimed to be due under the provisions of this section. The fee for services of such attorney
or debt collection agency shall be based on the amount of moneys actually collected. No
fee shall be in excess of 50% of the total amount of moneys actually collected. All funds
collected less the fee for services as provided in the contract shall be remitted to the secretary
of social and rehabilitation services within 45 days from the date of collection.

Contracts entered pursuant to this section, except as otherwise provided with regards to
a contract with an attorney, may be negotiated by the secretary of social and rehabilitation
services and shall not be subject to the competitive bid requirements of K.S.A. 75-3739
through 75-3741, and amendments thereto. Subject to the provisions limiting the fee for
services, each contract with an attorney under this section shall be entered into pursuant to
competitive bids and the contract shall be awarded in conformance with guidelines estab-
lished pursuant to rules and regulations adopted by the board of directors of the Kansas
development finance authority and as provided in K.S.A. 74-8904 and section 4, and amend-
ments thereto.

(e) Before entering into a contract with a debt collection agency under subsection (d),
the secretary of social and rehabilitation services shall require a bond from the debt collec-
tion agency in an amount not in excess of $100,000 guaranteeing compliance with the terms
of the contract.

(f) A debt collection agency entering into a contract with the secretary of social and
rehabilitation services for the collection of amounts claimed to be due under this section

shall agree that it is receiving income from sources within the state or doing business in the
state for purposes of the Kansas income tax act.

(g) As used in this section, ``state institution'' has the meaning provided by K.S.A. 59-
2006b, and amendments thereto.

(h) When a minor becomes a patient of a state institution, an assignment of all past,
present and future support rights of the minor which are possessed by either parent or any
other person entitled to receive support payments for the minor is conveyed by operation
of law to the secretary of social and rehabilitation services. The assignment of support rights
shall be effective upon the minor's admission as a patient of any state institution, regardless
of the manner of admission, without the requirement that any written assignment or similar
document be signed by the parent or other person entitled to receive support payments for
the minor. When a minor becomes a patient of a state institution, the parent or other person
entitled to receive support payments for the minor is also deemed to have appointed the
secretary of social and rehabilitation services or the secretary's designee, as attorney in fact
to perform the specific act of negotiating and endorsing all drafts, checks, money orders or
other negotiable instruments representing support payments on behalf of the minor. This
limited power of attorney shall remain in effect until the assignment of support rights has
been terminated in full. For any minor who is a patient of a state institution on the effective
date of this act and whose past, present and future support rights are not assigned to the
secretary of social and rehabilitation services, the assignment of support rights and limited
power of attorney shall be effective on the effective date of this act if notice of the assignment
is sent to the person otherwise entitled to receive support payments for the minor.

The assignment of support rights provided in this section shall remain in full force and
effect until the minor is no longer a patient of a state institution. When the minor is no
longer a patient of a state institution, the assignment shall remain in effect as to unpaid
support obligations due and owing as of the last day of the month in which the minor ceases
to be a patient, until the claim of the secretary of social and rehabilitation services for the
maintenance, care and treatment of the minor is satisfied. Nothing in this section shall affect
or limit the rights of the secretary of social and rehabilitation services under any assignment
pursuant to K.S.A. 39-709, and amendments thereto.

Sec. 23. K.S.A. 66-1513 is hereby amended to read as follows: 66-1513. (a) In accord-
ance with the provisions of subsection (b), the state corporation commission is hereby au-
thorized to contract for professional services, including but not limited to the services of
engineers, accountants, attorneys and economists, to assist in investigations and appraisals
under K.S.A. 66-1502, and amendments thereto, which assistance may include preparation
and presentation of expert testimony, when the expenses of such professional services are
required to be assessed under that statute against the public utilities involved.

(b) ~~Such contracts shall be negotiated by a negotiating committee composed of the~~
~~following persons: The general counsel of the state corporation commission or the designee~~
~~of the general counsel; the director of the budget or the designee of the director; the director~~
~~of accounts and reports or the designee of the director; and the director of the appropriate~~
~~division of the state corporation commission, as determined and designated by the chair-~~
~~person of the state corporation commission, or the designee of the director. When a contract~~
~~authorized under subsection (a) is proposed to be entered into, the general counsel of the~~
~~state corporation commission or the designee of the general counsel shall convene the~~
~~negotiating committee. The negotiating committee shall consider all proposals by persons~~
~~applying to perform such contract and shall award the contract.~~ All contracts for the pro-
viding of professional services, as defined by section 4, and amendments thereto, shall be
submitted to competitive bid and the contract shall be awarded in conformance with guide-
lines established pursuant to rules and regulations adopted by the board of directors of the
Kansas development finance authority and as provided in K.S.A. 74-8904 and section 4, and
amendments thereto.

(c) Except as otherwise provided in subsection (b), such contracts shall not be subject
to the provisions of K.S.A. 75-3739, and amendments thereto, or to the provisions of the
acts contained in article 58 of chapter 75 of the Kansas Statutes Annotated.

(d) As used in this section, ``person'' means an individual, firm, partnership, corporation,
association or other legal entity.

Sec. 24. K.S.A. 75-5310a is hereby amended to read as follows: 75-5310a. The secretary
of social and rehabilitation services is hereby authorized to contract for the services of
persons to assist in the preparation of expert testimony for litigation and to act as expert
witnesses in litigation. Any such contracts, other than contracts for professional services as
defined by section 4, and amendments thereto, shall be exempt from the competitive bid
requirements of K.S.A. 75-3739, and amendments thereto. All contracts for the providing
of professional services, as defined by section 4, and amendments thereto, shall be submitted
to competitive bids and the contract shall be awarded in conformance with guidelines es-
tablished pursuant to rules and regulations adopted by the board of directors of the Kansas
development finance authority and as provided in K.S.A. 74-8904 and section 4, and amend-
ments thereto.

Sec. 25. K.S.A. 1999 Supp. 76-745 is hereby amended to read as follows: 76-745. (a)
As used in this section ``negotiating committee'' means a committee to negotiate as provided
in this act, and consisting of the executive officer of the state board of regents or a person
designated by the executive officer, two representatives of the state educational institutions
as designated by the state board of regents and the director of purchases or a person des-
ignated by the director of purchases.

(b) The state board of regents shall convene a negotiating committee to obtain collection
services. The negotiating committee is authorized to negotiate contracts with one or more
qualified parties to provide collection services for the state educational institutions and such
contracts may be entered on a multi-year basis.

(c) Prior to negotiating for collection services, the committee shall advertise for pro-
posals, negotiate with firms submitting proposals and select among those submitting such
proposals the party or parties to contract with for the purposes of collection services.

(d) Except as otherwise provided in subsection (e), contracts entered into pursuant to
this section shall not be subject to the provisions of K.S.A. 75-3738 to through 75-3740a,
~~inclusive,~~ and amendments thereto.

(e) All contracts for the providing of professional services, as defined by section 4, and
amendments thereto, shall be submitted to competitive bid and the contract awarded in
conformance with guidelines established pursuant to rules and regulations adopted by the
board of directors of the Kansas development finance authority and as provided in K.S.A.
74-8904 and section 4, and amendments thereto.

Sec. 26. K.S.A. 75-5801 is hereby amended to read as follows: 75-5801. The legislature
hereby declares it to be the policy of this state to publicly announce all requirements for
engineering services, and to ~~negotiate~~ award contracts for engineering services on the basis
of demonstrated competence and qualification for the type of professional services required
and at fair and reasonable fees.

Sec. 27. K.S.A. 75-5802 is hereby amended to read as follows: 75-5802. As used in this
act unless the context specifically requires otherwise:

(a) ``Firm'' means any individual, firm, partnership, corporation, association, or other
legal entity permitted by law to practice the profession of engineering and provide engi-
neering services or practice the profession of land surveying and provide land surveying
services.

(b) ``Engineering services'' means those services described in subsection (i) of K.S.A.
74-7003, and amendments thereto.

(c) ``Land surveying'' means those services described in subsection (j) of K.S.A. 74-7003,
and amendments thereto.

(d) ``Agency head'' means the chief administrative officer of a state agency, as that term
is defined in subsection (3) of K.S.A. 75-3701, and amendments thereto, but shall not include
the chief administrative officer of any state institution.

(e) ~~``Negotiating committee'' means a committee designated to negotiate as provided in~~
~~this act, and consisting of (1) the agency head of the state agency for which the proposed~~
~~project is planned, or a person designated by such agency head, (2) the secretary of admin-~~
~~istration, or a person designated by said secretary, and (3) the chief administrative officer~~
~~of the state institution for which the proposed project is planned, or when the proposed~~
~~project is not planned for a state institution, the agency head shall designate a second person~~
~~in lieu of the chief administrative officer of a state institution.~~

~~(f)~~ ``Project'' means any capital improvement project or any study, plan, survey or pro-
gram activity of a state agency, including development of new or existing programs and
preparation of federal grant applications.

~~(g)~~ (f) ``State building advisory commission'' means the state building advisory commis-
sion created by K.S.A. 75-3780, and amendments thereto, or any duly authorized officer or
employee of such commission.

Sec. 28. K.S.A. 75-5803 is hereby amended to read as follows: 75-5803. (a) In the
procurement of engineering or land surveying services, each agency head which utilizes
engineering or land surveying services shall encourage firms engaged in the lawful practice
of their profession to annually submit a statement of qualifications and performance data
to the agency head and to the state building advisory commission. The agency head shall
thereafter cause to be prepared annually a list of firms qualified, based upon criteria estab-
lished and published by such agency head, to provide such engineering or land surveying
services.

~~(b) Except as otherwise provided in subsection (c), when a project requiring engineering~~
~~or land surveying services is proposed for a state agency, the agency head for such state~~
~~agency shall evaluate current statements of qualifications and performance data on file with~~
~~the agency head, together with those that may be submitted by other firms regarding the~~
~~proposed project. The agency head may establish time frames for the receipt of qualifications~~
~~statements and performance data from any firm wishing to be considered for the proposed~~
~~project. The agency head shall conduct discussions with not less than three firms regarding~~
~~anticipated concepts and the relative utility of alternative methods of approach for furnishing~~
~~the required engineering or land surveying services and then such agency head shall select~~
~~from among all such firms, on a rotational basis, the firm to perform the engineering or~~
~~land surveying services, unless such firm refuses to provide such engineering or land sur-~~
~~veying services.~~

~~(c)~~ (b) In any case where a project requiring engineering or land surveying services is
proposed which concerns the construction of any building or facility or any major repairs
or improvements to any building or facility, including in any case but not limited to any
heating, cooling or power facility, for a state agency ~~and a negotiating committee is not~~
~~convened under K.S.A. 75-5804 and amendments thereto~~, the agency head of the state
agency shall notify the ~~state building advisory commission and shall request a list of~~ director
of purchases that it is the desire of the agency that contracts be entered into with firms
qualified to provide the engineering or land surveying services for such project. ~~Upon receipt~~
~~of any such request, the state building advisory commission shall evaluate the current state-~~
~~ments of qualifications and performance data on file, together with those statements that~~
~~may be submitted by other firms, regarding the proposed project and other information~~
~~developed and available to the state building advisory commission, and shall prepare a list~~
~~of at least three and not more than five firms which, in the opinion of the state building~~
~~advisory commission, are qualified to furnish the engineering or land surveying services for~~
~~the proposed project. Each such list shall be submitted to the agency head without any~~
~~recommendation of preference or other recommendation. The agency head shall conduct~~
~~discussions with the firms listed and shall select the firm to perform the engineering or land~~
~~surveying services, all in the manner provided in subsection (b). If the agency head is unable~~
~~to enter into a contract for the necessary engineering or land surveying services with any~~
~~firm so listed, the agency head shall request the state building advisory commission to~~
~~prepare and submit another list of firms qualified to provide such engineering or land~~
~~surveying services and shall proceed in accordance with this subsection. The secretary of~~
~~administration shall provide to the agency head such information, advice and assistance as~~
~~may be requested by the agency head regarding the selection of a firm to provide engineering~~
~~or land surveying services for such projects, including all information and evaluations re-~~
~~garding the listed firms gathered and developed under K.S.A. 75-3783, and amendments~~
~~thereto.~~

Sec. 29. K.S.A. 75-5804 is hereby amended to read as follows: 75-5804. ~~(a)~~ Whenever
it becomes necessary in the judgment of the agency head of a state agency for which a
project is proposed ~~and, in any case where the total cost of such a proposed project is~~
~~expected to exceed $250,000~~, the agency head shall ~~convene a negotiating committee. Ex-~~

~~cept as otherwise provided in subsection (b), the agency head shall submit the list of at least~~
~~three and not more than five of the most highly qualified firms to the negotiating committee~~
~~so convened, without any recommendation of preference or other recommendation.~~

~~(b) Whenever a negotiating committee is convened under this section for a proposed~~
~~project requiring engineering or land surveying services which concerns the construction of~~
~~any building or facility or any major repairs or improvements to any building or facility,~~
~~including but not limited, to any heating, cooling or power facility, for a state agency, the~~
~~agency head for the state agency shall notify the state building advisory commission of the~~
~~project and shall request a list of firms qualified to provide~~ notify the director of purchases
that it is the desire of the agency that a contract be awarded for the purpose of providing
the engineering or land surveying services for the proposed project. ~~Upon receipt of any~~
~~such request the state building advisory commission shall evaluate the current statements~~
~~of qualifications and performance data on file, together with those statements that may be~~
~~submitted by other firms regarding the proposed project and other information developed~~
~~and available to the state building advisory commission. The commission shall prepare a list~~
~~of at least three and not more than five firms which, in the opinion of the state building~~
~~advisory commission, are qualified to furnish the engineering or land surveying services for~~
~~the proposed project. Each such list shall be submitted to the negotiating committee so~~
~~convened without any recommendation of preference or other recommendation.~~

Sec. 30. K.S.A. 1999 Supp. 10-106 is hereby amended to read as follows: 10-106. ~~(a)~~
Municipal bonds shall be sold at public sale as follows: The officers having charge of the
sale of the bonds shall publish a notice of the sale one time in a newspaper having general
circulation in the county where the bonds are issued and in the Kansas register. Such notices
shall be published not less than six days nor more than 30 days before the sale and shall
contain the following information: (1) ~~Except as provided by subsection (b),~~ The date, time
and place at which ~~a public auction will be held or at which~~ written sealed bids will be
received and considered for the sale of the bonds for cash at such price as the municipality
may accept; (2) the date of issue, total par value and denomination of the bonds being sold;
(3) the dates and amounts of maturities of the bond issues; (4) the dates on which interest
on the bonds shall become due and payable; (5) the place or places where and the approx-
imate date on which the bonds being sold will be delivered to the purchaser; (6) a statement
that a good faith deposit in the form of a certified or cashier's check or surety bond in the
amount of 2% of the total par value of the bonds being sold shall accompany each bid or
in the case of public sale at auction the same shall be furnished by each bidder; (7) a
statement disclosing whether or not the purchaser of the bonds will be required to pay for
the printing thereof and whether or not and to what extent the purchaser of the bonds will
be required to pay the expense of legal services rendered to the municipality in connection
with the issuance of the bonds including the fees of recognized bond counsel for an opinion
as to legality of issuance; (8) the assessed valuation of the municipality; and (9) the total
bonded indebtedness of the municipality as of the date on which the bonds being sold are
dated including the bonds submitted for bid. The rate of interest may be omitted in adver-
tising and the bidders requested to specify the lowest interest rate or rates on the bonds at
which they will pay the purchase price.

If All municipal bonds shall be sold at public sale with sealed bids,. All purchasers shall
submit their bids in writing, sealed, for all or any part of the bonds, and each bid shall be
accompanied by a certified or cashier's check or surety bond for 2% of the total amount of
the bid. In case any purchaser, whose bid is accepted, fails to carry out the contract, the
deposit shall be forfeited to the municipality issuing the bonds. Sealed bids shall be opened
publicly and only at the time and place specified in the notice. At the time and place
specified, the bonds shall be sold to the highest and best bidder or bidders, and the bonds
may be allotted among the bidders, however, any or all bids may be rejected. No contract
for the sale of the bonds shall be made except on bids submitted as provided in this section.
No bonds shall be delivered to any purchaser until the amount of the bid is placed in the
hands of the officer in charge of the sale. The provisions of this section relating to the public
sale of bonds shall not apply to bonds secured solely and only by revenues, bonds sold,
pursuant to written agreement, to the government of the United States of America or any
bureau, department, instrumentality or agency thereof~~, bonds issued pursuant to K.S.A. 10-~~

~~427~~ ~~et seq., and amendments thereto, and all bonds of the same series or which are issued~~
~~simultaneously with such bonds and bond sales where the total amount of the issue does~~
~~not exceed $100,000~~. In such cases, the bonds may be sold at public or private sale as the
officers having charge of the sale of such bonds determine. The practice of providing more
than one issue within a twelve-month period for any one project is prohibited unless the
project engineer or architect certifies that it is necessary to do so for the orderly construction
progress of the project.

~~(b) As an alternative to providing notice of the date, time and place of public auction~~
~~or receipt of bids provided by subsection (a)(1), the officers having charge of a bond sale~~
~~may establish a time period of not less than seven nor more than 30 days during which such~~
~~bonds would be sold. Notice of such sale period shall be published one time in a newspaper~~
~~having general circulation in the county where the bonds are issued and in the Kansas~~
~~register and shall be published not less than six days nor more than 30 days before the~~
~~beginning date of the sale period. The notice shall contain the information specified in~~
~~subsection (a) except that in place of the time and date of sale, the notice shall specify the~~
~~time period during which the bonds would be sold and the manner in which persons inter-~~
~~ested in submitting a bid may register for notice of the bond sale. At least three business~~
~~days prior to the time and date of the bond sale, the officers having charge of the sale shall~~
~~give notice to all persons having registered for notice of the bond sale, and bids shall be~~
~~submitted and received and the sale made in the manner provided in subsection (a).~~

Sec. 31. K.S.A. 10-116a is hereby amended to read as follows: 10-116a. Any municipal
or quasi-municipal corporation which has issued or may hereafter issue revenue bonds under
the laws of the state of Kansas, may issue, without an election, revenue bonds pursuant to
the provisions of this section to refund any revenue bond issue or issues, or part thereof,
any interest on such bonds or both such bonds and interest. The principal amount of any
issue of refunding revenue bonds shall not exceed the aggregate amount of: (a) The principal
amount of the revenue bonds or interest being refunded; (b) the amount of any interest
which has accrued thereon or interest that will accrue to the date of payment of the bonds
being refunded; (c) the amount of any premium required to be paid should the bonds be
called for redemption and payment; (d) expenses of the municipal or quasi-municipal cor-
poration deemed by the governing body to be necessary for the issuance of the refunding
bonds; and (e) expenses incident to the payment of the bonds being refunded. The refunding
revenue bonds may be sold ~~or exchanged for the bonds being refunded~~ either as a whole
or in installments at any time or times, either at, before, or after the maturity of the bonds
being refunded. All such bonds shall be sold at public sale upon the basis of competitive
bids. Notice of such sale and the conditions and procedures for the receipt and acceptance
of bids, shall be made in the manner prescribed for the sale of municipal bonds pursuant to
K.S.A. 10-106, and amendments thereto, insofar as the same is applicable. If the refunding
revenue bonds are sold more than six months prior to the maturity or earliest prior re-
demption date of the bonds being refunded, the proceeds derived from the sale, together
with any other moneys on hand, shall be placed in escrow under a trust agreement with a
Kansas bank having full trust powers. The proceeds and moneys shall be invested in direct
obligations of, or obligations the principal of and the interest on which are unconditionally
guaranteed by, the United States of America or municipal obligations which are secured by
direct obligations of the United States of America, and which shall mature or be subject to
redemption by the holders thereof not later than the respective dates when the proceeds of
the obligations together with the interest accruing thereon and any other moneys or in-
vestments held in escrow will be required for the purposes intended. The trust agreement
shall pledge or assign the moneys and investments held in trust for the payment of the
principal of the revenue bonds being refunded and may pledge or assign the moneys and
investments held in trust for the payment of the interest on the revenue bonds being re-
funded and any redemption premium thereon. The trust agreement may pledge or assign
any of the obligations or other moneys or investments, or interest accruing thereon, held in
trust, which are in excess of the amount of the obligations and other moneys and investments
held which is equal to the amount of the principal of the bonds to be refunded which comes
due on the date for which the bonds may have been called for redemption or irrevocable
instructions to call bonds for redemption have been given and any redemption premium

thereon, for the payment of the principal of and interest on any or all of the refunding
revenue bonds and any redemption premium thereon, and shall contain provisions for pro-
tecting and enforcing the rights and remedies of the holders of the revenue bonds. The
refunding revenue bonds issued pursuant to this section shall not be general obligations of
the municipal or quasi-municipal corporation, except as herein provided, and insofar as the
same may be made applicable the issuance of the refunding revenue bonds, the security
thereof, and the rights, duties and obligations of the municipal or quasi-municipal corpo-
ration in respect thereof, shall be governed by the laws governing such matters with respect
to the bonds being refunded and all other laws generally applicable to revenue bonds issued
in this state by the municipal or quasi-municipal corporation.

Sec. 32. K.S.A. 10-427a is hereby amended to read as follows: 10-427a. (a) Refunding
bonds issued under the authority of K.S.A. 10-427, and amendments thereto, may be sold
~~or exchanged for the bonds being refunded~~ either as a whole or in installments at any time
either at, before or after the maturity of the bonds being refunded. All such bonds shall be
sold at public sale upon the basis of competitive bids. Notice of such sale and the conditions
and procedures for the receipt and acceptance of bids shall be made in the manner prescribed
for the sale of municipal bonds pursuant to K.S.A. 10-106, and amendments thereto, insofar
as the same is applicable. Such bonds shall be exempt from statutory limitations of bonded
indebtedness and shall not be included in computing the total bonded indebtedness of the
municipality for the purpose of applying any statute limiting the bonded indebtedness of
the municipality.

(b) If refunding bonds are sold more than six months prior to the maturity or earliest
prior redemption date of the bonds being refunded, the proceeds derived from the sale,
together with any other moneys on hand, shall be placed in escrow under a trust agreement
with a Kansas bank having full trust powers. The proceeds and moneys shall be invested in
direct obligations of, or obligations the principal of and the interest on which are uncondi-
tionally guaranteed by, the United States of America or municipal obligations which are
secured by direct obligations of the United States of America, and which shall mature or
be subject to redemption by the holders thereof not later than the respective dates when
the proceeds of the obligations together with the interest accruing thereon and any other
moneys or investments held in escrow will be required for the purposes intended. The trust
agreement shall pledge or assign the moneys and investments held in trust for the payment
of the principal of the bonds being refunded and may pledge or assign the moneys and
investments held in trust for the payment of the interest on the bonds being refunded and
any redemption premium thereon. The trust agreement may pledge or assign any of the
obligations or other moneys or investments, or interest accruing thereon, held in trust, which
are in excess of the amount of the obligations and other moneys and investments held which
is equal to the amount of the principal of the bonds to be refunded which comes due on
the date for which the bonds may have been called for redemption or irrevocable instructions
to call bonds for redemption have been given and any redemption premium thereon, for
the payment of the principal of and interest on any or all of the refunding bonds and any
redemption premium thereon, and shall contain provisions for protecting and enforcing the
rights and remedies of the holders of the bonds.

Sec. 33. K.S.A. 10-1202 is hereby amended to read as follows: 10-1202. (a) Any mu-
nicipality authorized by the laws of the state of Kansas to issue general obligation bonds for
the acquisition, construction, reconstruction, alteration, repair, improvement, extension or
enlargement of any utility is hereby empowered to issue and sell revenue bonds in payment
of the cost of such utility or improvements, to fix by ordinance or resolution such rates, fees
and charges for the use thereof or services therefrom as may be reasonable and necessary
and to provide for the manner of collecting and disbursing such revenues subject to the
limitations hereinafter contained. All such bonds shall be sold at public sale upon the basis
of competitive bids. Notice of such sale and the conditions and procedures for the receipt
and acceptance of bids shall be made in the manner prescribed for the sale of municipal
bonds pursuant to K.S.A. 10-106, and amendments thereto, insofar as the same is applicable.
If any city of the first class shall have issued temporary notes for waterworks improvements
contemplating the issuance of general obligation bonds, said general obligation bonds having
been authorized by the vote of a majority of the qualified electors of such city voting on the

proposition at an election called and held for that purpose, such city may fund such tem-
porary notes by the issuance of revenue bonds under the terms of this act without again
submitting any proposition to the electors of such city. Any city which has issued revenue
bonds under the terms of this act may thereafter issue additional revenue bonds for im-
provements, enlargements, extensions or additions to any utility system and provide that,
on such conditions as may be specified by the governing body of the city, such later bonds
shall be on a parity as to the revenues of such utility and in all other respects with revenue
bonds previously issued against such utility under the terms of this act.

(b) Any city of the first class owning and operating a municipal electric utility, which is
located in a county having a population of more than ~~twenty thousand (20,000)~~ 20,000 and
not more than ~~thirty thousand (30,000)~~ 30,000 and an assessed tangible valuation of more
than ~~one hundred thirty-five million dollars ($135,000,000)~~ $135,000,000, is hereby author-
ized to join with any privately owned electric utility in the construction of an additional
electric generating facility and to issue revenue bonds under the authority of this section
and the act of which this section is amendatory to pay the city's share of the cost thereof.
Such city is hereby authorized to enter into any contracts or agreements with such private
electric utility which are necessary for the construction of such generating facility and for
the purchase by the city of electric energy produced by such facility. The principal of, and
the interest upon, all revenue bonds issued under the authority of this subsection shall be
paid from available revenues derived from the operation of the city's municipal electric
utility and available revenues derived from the operation of such additional electric gener-
ating facility.

Sec. 34. K.S.A. 10-1211 is hereby amended to read as follows: 10-1211. Any munici-
pality governed by the provisions of this act having issued revenue bonds under this act or
any previous authority ~~may~~, from time to time, may issue revenue bonds pursuant to the
provisions of this act to refund any previous issue or part thereof of its outstanding revenue
bonds. Such refunding revenue bonds shall be issued and sold in the manner prescribed by
and subject to the provisions of K.S.A. 10-116a, and amendments thereto. In addition, any
such municipality ~~may~~, from time to time, may issue general obligation bonds, under the
provisions of the general bond law, to refund any previous issue or part thereof of its out-
standing revenue bonds, including the principal amount thereof and all accrued outstanding
interest thereon, if such revenue bonds are callable in accordance with their terms or the
holders thereof are willing to surrender them to the municipality. Such general obligation
bonds shall not be issued until a resolution adopted by the governing body of the munici-
pality stating the purpose for which such bonds are to be issued, the total amount of the
bonds proposed to be issued, and the total cost to the city of the refunding project, ~~shall be~~
is published at least once each week for two consecutive weeks in the official newspaper of
such municipality. After publication, such bonds may be issued unless a petition requesting
an election on the proposition, signed by electors equal in number to not less than 5% of
the electors of the municipality who voted for the office of secretary of state at the last
preceding general election of such office, is filed with the clerk of such municipality within
20 days following the last publication of such resolution. If such a petition is filed, the
governing body of the municipality shall submit the proposition to the voters at an election
called for such purpose and held within 90 days after the last publication of the resolution,
and no bonds shall be issued unless such proposition ~~shall receive~~ receives the approval of
a majority of the votes cast thereon. Such election shall be called and held in the manner
provided by the general bond law. No such general obligation bonds shall be issued unless:
(a) The total cost to the municipality on the general obligation bonds ~~shall amount to~~ is less
than the remaining interest cost to the municipality on the outstanding revenue bonds being
refunded; (b) the anticipated revenues from the utility system involved are expected to be
sufficient to retire such general obligation bonds; and (c) the refunding is necessary to
accomplish a comprehensive and orderly financing plan for the utility system.

New Sec. 35. The awarding of all contracts for the providing of professional services
for municipalities involved in the issuance of general obligation and revenue bonds, includ-
ing but not limited to, the preparation of transcripts, the employment of bond counsel and
financial services and bond underwriting shall be awarded in conformance with guidelines
established pursuant to rules and regulations adopted by the board of directors of the Kansas

development finance authority as provided in K.S.A. 74-8904 and section 4, and amend-
ments thereto.

New Sec. 36. (a) All bonds, as defined by K.S.A. 74-8902, and amendments thereto,
which are issued by any agency of the state, any body politic and corporate or any other
entity created by any law of the state, shall be sold at public sale upon the basis of competitive
bids, in conformance with guidelines established pursuant to rules and regulations adopted
by the board of directors of the Kansas development finance authority as provided in K.S.A.
74-8904, and amendments thereto.

(b) The awarding of all contracts for the providing of professional services for any agency
of the state, any body politic and corporate or any other entity created by any law of the
state, involved in the issuance of general obligation and revenue bonds, including but not
limited to, the preparation of transcripts, the employment of bond counsel and financial
services and bond underwriting shall be awarded in conformance with guidelines established
pursuant to rules and regulations adopted by the board of directors of the Kansas devel-
opment finance authority as provided in K.S.A. 74-8904 and section 4, and amendments
thereto.

New Sec. 37. (a) Except as otherwise specifically provided by law, all contracts for the
providing of professional services for all political and taxing subdivisions of the state shall
be awarded upon the basis of competitive bids. All bids shall be solicited by notice published
in a newspaper of general circulation in the political or taxing subdivision.

(b) As used in this act, ``professional services'' shall mean and include all services pro-
vided under contract to any political or taxing subdivision of the state by any member of
profession, the members of which are licensed or regulated under the laws of the state of
Kansas.'';

By renumbering sections accordingly;

On page 11, by striking all in lines 2 and 3 and inserting:

``Sec. 38. K.S.A. 10-116a, 10-427a, 10-1202, 10-1211, 46-235, 46-242, 59-2006, 66-
1513, 75-430a, 75-1250, 75-1251, 75-1253, 75-1254, 75-1255, 75-1256, 75-1257, 75-1258,
75-1265, 75-3738, 75-3740, 75-3784, 75-3799, 75-37,102, 75-5310a, 75-5801, 75-5802, 75-
5803, 75-5804, 75-5805, 75-5806 and 75-5807 and K.S.A. 1999 Supp. 10-106, 25-4143, 25-
4153a, 40-3410, 40-3411, 44-566a, 46-237, 46-237a, 46-269, 74-8904, 75-3739 and 76-745
are hereby repealed.'';

By renumbering the remaining section accordingly;

In the title, by striking all in lines 15 and 16 and inserting ``K.S.A. 10-116a, 10-427a, 10-
1202, 10-1211, 46-235, 46-242, 59-2006, 66-1513, 75-430a, 75-1250, 75-1251, 75-1253, 75-
1254, 75-1255, 75-1258, 75-1265, 75-3738, 75-3740, 75-3784, 75-3799, 75-37,102, 75-5310a,
75-5801, 75-5802, 75-5803 and 75-5804 and K.S.A. 1999 Supp. 10-106, 25-4143, 25-4153a,
40-3410, 40-3411, 44-566a, 46-237, 46-237a, 46-269, 74-8904, 75-3739 and 76-745 and
repealing the existing sections; also repealing K.S.A. 75-1256, 75-1257, 75-5805, 75-5806
and 75-5807.'';

March 23, 2000
On roll call, the vote was: Yeas 84; Nays 32; Present but not voting: 0; Absent or not
voting: 9.

Yeas: Aday, Adkins, Alldritt, Allen, Ballard, Ballou, Barnes, Burroughs, Campbell, Crow,
Dahl, Edmonds, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Garner, Gatewood,
Gilbert, Glasscock, Grant, Gregory, Haley, Henderson, Henry, Hermes, Holmes, Horst,
Howell, Hutchins, Jenkins, Johnston, Kirk, Klein, Phill Kline, Krehbiel, Kuether, Landwehr,
Larkin, Lightner, M. Long, P. Long, Mayans, Mays, McClure, McKechnie, McKinney, Mer-
rick, Minor, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Nichols, O'Brien, Palmer,
Pauls, E. Peterson, Phelps, Powell, Powers, Reardon, Rehorn, Reinhardt, Ruff, Sharp,
Showalter, Shriver, Spangler, Stone, Swenson, Tedder, Thimesch, Toelkes, Tomlinson, To-
plikar, Vickrey, Wagle, Weiland, Wells, Welshimer, Wilk.

Nays: Beggs, Benlon, Bethell, Boston, Compton, Cox, Dreher, Empson, Flower, Free-
born, Geringer, Huff, Humerickhouse, Jennison, Johnson, Phil Kline, Light, Lloyd, Loyd,
Mason, McCreary, Neufeld, O'Neal, Osborne, J. Peterson, Pottorff, Ray, Schwartz, Sloan,
Tanner, Vining, Weber.

Present but not voting: None.

Absent or not voting: Aurand, Carmody, Dean, Hayzlett, Helgerson, Lane, O'Connor,
Shultz, Storm.

The motion of Rep. Spangler prevailed.

Also, roll call was demanded on motion of Rep. Garner to amend SB 462 on page 11,
after line 1, by inserting the following:

``Sec. 6. K.S.A. 25-206 is hereby amended to read as follows: 25-206. (a) Except as
provided in ~~subsection (b)~~ subsections (b) and (c), when a candidate in lieu of nomination
petitions files a declaration of intention to become a candidate for any national, state, county
or township office, the accompanying fee shall be in an amount as follows: For the office
of United States senator, United States representative from any district or at large, all state
offices, and all county offices, where the salary is over $1,000 per year, a sum equal to 1%
of one year's salary as determined by the secretary of state for state and national offices,
and as determined by the county election officer for county offices. For all county offices
where the salary is $1,000 or less, a fee of $5; for a state senator, $75; for representatives,
$50; for all township offices, $1. Nothing in this act shall be construed as requiring any fee
of a candidate filing a declaration of intention to become a candidate for precinct commit-
teeman or precinct committeewoman. The officer receiving the funds shall turn them over
to the state treasurer, if deposited with the secretary of state, or to the county treasurer, if
deposited with the county election officer, and the funds shall become a part of the general
fund of the respective government.

Such declaration shall be prescribed by the secretary of state and shall be attested before
a county election officer or deputy county election officer in the case of county and township
offices, and before a county election officer, the secretary of state or a deputy of one of such
officers in the case of state and national offices, and a notary public in the case of precinct
committeemen and committeewomen.

(b) When a candidate for the office of district magistrate judge, in lieu of nomination
petitions, files a declaration of intention to become a candidate for such office, the decla-
ration shall be in the same form and subject to the same method of attestation as provided
for other state officers in subsection (a) and the required fee to accompany the declaration
shall be $100.

(c) Any candidate for election to membership in the Kansas senate or house of repre-
sentatives and any candidate for election to state office elected on a statewide basis who files
a statement of intent to be bound by expenditure limitations prescribed by section 9, and
amendments thereto, may file a declaration of intention to become a candidate for such office
without the payment of the fee required by subsection (a), and no fee shall be required
therefor.

Sec. 7. K.S.A. 25-4153 is hereby amended to read as follows: 25-4153. (a) The aggregate
amount contributed to a candidate and such candidate's candidate committee and to all
party committees and political committees and dedicated to such candidate's campaign, by
any political committee or any person except a party committee, the candidate or the can-
didate's spouse, shall not exceed the following:

(1) For the pair of offices of governor and lieutenant governor or and for other state
officers elected from the state as a whole who have filed a statement of intent to be bound
by expenditure limitations prescribed by section 9, and amendments thereto, $2,000 for each
primary election (or in lieu thereof a caucus or convention of a political party) and an equal
amount for each general election; and for the pair of offices of governor and lieutenant
governor and for other officers of the state elected from the state as a whole, who have filed
a statement of intent not to be bound by expenditure limitations prescribed by section 9,
and amendments thereto, $400 for each primary election (or in lieu thereof a caucus or
convention of a political party) and an equal amount for each general election.

(2) for the office of ~~member of the house of representatives,~~ district judge, district
magistrate judge, district attorney, member of the state board of education or a candidate
for local office, $500 for each primary election (or in lieu thereof a caucus or convention of
a political party) and an equal amount for each general election.;

(3) for the office of state senator, for any candidate who has filed a statement of intent
to be bound by expenditure limitations prescribed by section 9, and amendments thereto,
$1,000 for each primary election (or in lieu thereof a caucus or convention of a political

party) and an equal amount for each general election.; and for any candidate for the office
of state senator who has filed a statement of intent not to be bound by expenditure limitations
prescribed by section 9, and amendments thereto, $200 for each primary election (or in lieu
thereof a caucus or convention of a political party) and an equal amount for each general
election; and

(4) for the office of member of house of representatives, for any candidate who has filed
a statement of intent to be bound by expenditure limitations prescribed by section 9, and
amendments thereto, $500 for each primary election (or in lieu thereof a caucus or conven-
tion of a political party) and an equal amount for each general election; and for any candidate
for the office of member of the house of representatives who has filed a statement of intent
not to be bound by expenditure limitations prescribed by section 9, and amendments thereto,
$100 for each primary election (or in lieu thereof a caucus or convention of a political party)
and an equal amount for each general election.

(b) For the purposes of this section, the face value of a loan at the end of the period of
time allocable to the primary or general election is the amount subject to the limitations of
this section. A loan in excess of the limits herein provided may be made during the allocable
period if such loan is reduced to the permissible level, when combined with all other con-
tributions from the person making such loan, at the end of such allocable period.

(c) For the purposes of this section, all contributions made by unemancipated children
under 18 years of age shall be considered to be contributions made by the parent or parents
of such children. The total amount of such contribution shall be attributed to a single
custodial parent and 50% of such contribution to each of two parents.

(d) The aggregate amount contributed to a state party committee by a person other
than a national party committee or a political committee shall not exceed $15,000 in each
calendar year; and the aggregate amount contributed to any other party committee by a
person other than a national party committee or a political committee shall not exceed
$5,000 in each calendar year.

The aggregate amount contributed by a national party committee to a state party com-
mittee shall not exceed $25,000 in any calendar year, and the aggregate amount contributed
to any other party committee by a national party committee shall not exceed $10,000 in any
calendar year.

The aggregate amount contributed to a party committee by a political committee shall
not exceed $5,000 in any calendar year.

(e) Any political funds which have been collected and were not subject to the reporting
requirements of this act shall be deemed a person subject to these contribution limitations.

(f) Any political funds which have been collected and were subject to the reporting
requirements of the campaign finance act shall not be used in or for the campaign of a
candidate for a federal elective office.

(g) The amount contributed by each individual party committee of the same political
party other than a national party committee to any candidate for office, for any primary
election at which two or more candidates are seeking the nomination of such party shall not
exceed the following:

(1) For the pair of offices of governor and lieutenant governor and for each of the other
state officers elected from the state as a whole, $2,000 for each primary election (or in lieu
thereof a caucus or convention of a political party);

(2) for the office of member of the house of representatives, district judge, district
magistrate judge, district attorney, member of the state board of education or a candidate
for local office, $500 for each primary election (or in lieu thereof a caucus or convention of
a political party).

(3) for the office of state senator, $1,000 for each primary election (or in lieu thereof a
caucus or convention of a political party).

(h) When a candidate for a specific cycle does not run for office, the contribution lim-
itations of this section shall apply as though the individual had sought office.

(i) No person shall make any contribution or contributions to any candidate or the
candidate committee of any candidate in the form of money or currency of the United States
which in the aggregate exceeds $100 for any one primary or general election, and no can-
didate or candidate committee of any candidate shall accept any contribution or contribu-

tions in the form of money or currency of the United States which in the aggregate exceeds
$100 from any one person for any one primary or general election.

New Sec. 8. The provisions of sections 8 to 11, inclusive, and amendments thereto,
shall apply to:

(a) Candidates for election to membership in the house of representatives and the senate
of the state of Kansas; and

(b) candidates for election to state offices elected on a statewide basis from and after
January 1, 2001.

New Sec. 9. The commission shall establish campaign expenditure limitations in ac-
cordance with this section and shall provide copies of such schedule to persons requesting
the same and to all candidates for offices specified in section 6, and amendments thereto,
at the time of filing for office. Such expenditure limitations shall apply to primary and general
election cycles prescribed for the allocation of contributions and expenditures prescribed
by K.S.A. 25-4149, and amendments thereto. Campaign expenditures shall not exceed:

(a) For offices elected on a statewide basis:

(1) (A) For uncontested election cycles for the pair of offices of governor and lieutenant
governor, $200,000; and

(B) for contested election cycles, for the pair of offices of governor and lieutenant gov-
ernor, $1,000,000;

(2) (A) for uncontested election cycles for the office of secretary of state, $100,000; and

(B) for contested election cycles for the office of secretary of state, $400,000;

(3) (A) for uncontested election cycles for the office of attorney general, $100,000; and

(B) for contested election cycles for the office of attorney general, $400,000;

(4) (A) for uncontested election cycles for the office of state treasurer, $100,000; and

(B) for contested election cycles for the office of state treasurer, $400,000; and

(5) (A) for uncontested election cycles for the office of insurance commissioner,
$100,000; and

(B) for contested election cycles for the office of insurance commissioner, $400,000;
and

(b) for the office of state senator:

(1) For uncontested election cycles for the office of state senator, $10,000; and

(2) for contested election cycles for the office of state senator, $40,000; and

(c) for the office of state representative:

(1) For uncontested election cycles for the office of state representative, $5,000; and

(2) for contested election cycles for the office of state representative, $20,000;

An uncontested election is an election in which only one candidate has filed to appear on
the ballot for an election cycle.

A contested election is an election in which more than one candidate will appear on the
same ballot for an election cycle.

(d) For any candidate who is running against another candidate, who is also currently
holding the office, for which such candidates are running, expenditures shall not exceed an
amount equal to 110% of the amounts prescribed under subsections (a), (b) and (c) for
candidates for such offices.

Expenditure limitations hereinbefore prescribed shall be adjusted by the legislature to
become effective January 1, 2001, and each two years thereafter, to reflect changes in costs
of financing election campaigns.

New Sec. 10. Any candidate who has filed a statement of intent to be bound by the
campaign expenditure limitations prescribed by section 9, and amendments thereto, who
makes any expenditures in excess of such amounts shall pay a civil penalty in an amount
equal to 100% of all expenditures made in excess of such limitation. All civil penalties
collected pursuant to this section shall be remitted to the state treasurer and upon receipt
thereof the state treasurer shall deposit the same in the state treasury and credit it to the
Kansas commission on governmental standards and conduct fee fund.

New Sec. 11. Within five days following the filing of reports of expenditures in accord-
ance with K.S.A. 25-4148, and amendments thereto, the commission shall compile and
produce a list of the accumulated expenditures of all candidates for offices for which ex-
penditure limitations are prescribed under section 9, and amendments thereto. Copies of

such lists shall be filed in the office of the secretary of state and in addition, in the case of
members of the legislature, in the office of the county election officer of the counties from
which members of the legislature are elected.'';

And by renumbering sections accordingly;

Also on page 11, in line 2, after ``K.S.A.'' by inserting ``25-206 and 25-4153 and K.S.A.'';
in line 5, by striking ``Kansas register'' and inserting ``statute book'';

In the title, in line 15, after ``K.S.A.'' by inserting ``25-206 and 25-4153 and K.S.A.'';

On roll call, the vote was: Yeas 57; Nays 60; Present but not voting: 0; Absent or not
voting: 8.

Yeas: Alldritt, Ballard, Barnes, Burroughs, Campbell, Crow, Dahl, Dean, Feuerborn, Fin-
dley, Flaharty, Flora, Flower, Garner, Gatewood, Geringer, Gilbert, Grant, Haley, Hen-
derson, Henry, Horst, Hutchins, Jenkins, Kirk, Klein, Kuether, Landwehr, Larkin, M. Long,
Mayans, McClure, McKechnie, McKinney, Minor, Nichols, O'Brien, Pauls, E. Peterson,
Phelps, Pottorff, Reardon, Rehorn, Reinhardt, Ruff, Sharp, Showalter, Shriver, Spangler,
Storm, Swenson, Tedder, Thimesch, Toelkes, Weiland, Wells, Welshimer.

Nays: Aday, Adkins, Allen, Ballou, Beggs, Benlon, Bethell, Boston, Compton, Cox,
Dreher, Edmonds, Faber, Farmer, Freeborn, Glasscock, Gregory, Hermes, Holmes, How-
ell, Huff, Humerickhouse, Jennison, Johnson, Johnston, Phil Kline, Phill Kline, Krehbiel,
Lane, Light, Lightner, Lloyd, P. Long, Loyd, Mason, Mays, McCreary, Merrick, Mollen-
kamp, Jim Morrison, Judy Morrison, Myers, Neufeld, O'Neal, Osborne, Palmer, J. Peterson,
Powell, Powers, Ray, Schwartz, Sloan, Stone, Tanner, Tomlinson, Toplikar, Vickrey, Vining,
Weber, Wilk.

Present but not voting: None.

Absent or not voting: Aurand, Carmody, Empson, Hayzlett, Helgerson, O'Connor, Shultz,
Wagle.

The motion of Rep. Garner did not prevail.

Also, on motion of Rep. McKechnie to refer SB 462 to Committee on Federal and State
Affairs, roll call was demanded.

On roll call, the vote was: Yeas 48; Nays 70; Present but not voting: 0; Absent or not
voting: 7.

Yeas: Alldritt, Ballard, Barnes, Burroughs, Crow, Dean, Feuerborn, Findley, Flaharty,
Flora, Garner, Gatewood, Gilbert, Grant, Gregory, Haley, Henderson, Henry, Kirk, Klein,
Kuether, Larkin, M. Long, McClure, McCreary, McKechnie, McKinney, Minor, Nichols,
O'Brien, Pauls, E. Peterson, Phelps, Powell, Reardon, Rehorn, Reinhardt, Ruff, Showalter,
Shriver, Spangler, Tedder, Thimesch, Toelkes, Wagle, Weiland, Wells, Welshimer.

Nays: Aday, Adkins, Allen, Ballou, Beggs, Benlon, Bethell, Boston, Campbell, Compton,
Cox, Dahl, Dreher, Edmonds, Faber, Farmer, Flower, Freeborn, Geringer, Glasscock, Her-
mes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins, Jennison, Johnson,
Johnston, Phil Kline, Phill Kline, Krehbiel, Landwehr, Lane, Light, Lightner, Lloyd, P.
Long, Loyd, Mason, Mayans, Mays, Merrick, Mollenkamp, Jim Morrison, Judy Morrison,
Myers, Neufeld, O'Connor, O'Neal, Osborne, Palmer, J. Peterson, Pottorff, Powers, Ray,
Sharp, Sloan, Stone, Storm, Swenson, Tanner, Tomlinson, Toplikar, Vickrey, Vining, Weber,
Wilk.

Present but not voting: None.

Absent or not voting: Aurand, Carmody, Empson, Hayzlett, Helgerson, Schwartz, Shultz.

The motion of Rep. McKechnie did not prevail.

Also, on motion of Rep. Crow SB 462 be amended on page 2, preceding line 7, by
inserting the following:

``(c) No committee as described in paragraph (6) or (7) of subsection (a) shall accept or
solicit any contribution as defined by subsection (c) of K.S.A. 25-4143, and amendments
thereto, from any individual, during such period of time described in subsection (a).'';

On page 11, in line 5, by striking ``Kansas register'' and inserting ``statute book''; and SB
462 be passed as amended.

CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of SB 397 from Committee on Health
and Human Services and referral to Committee on Appropriations.

REPORT ON ENGROSSED BILLS
HB 2591, 2678, 2814 reported correctly engrossed March 23, 2000.

REPORT ON ENGROSSED RESOLUTIONS
HCR 5064; HR 6011 reported correctly engrossed March 23, 2000.

On motion of Rep. Glasscock, the House adjourned until 9:15 a.m., Friday, March 24,
2000.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.