By Special Committee on Judiciary
A PROPOSITION to amend section 6 of article 3 of the constitution of the state of Kansas,
relatingto nonpartisan selection of district judges.
Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected
(or appointed) and qualified to the Senate and two-thirds of the members elected (or
appointed) and qualified to the House of Representatives concurring therein:
Section 1. The following proposition to amend the constitution of the state of Kansas
shall be submitted to the qualified electors of the state for their approval or rejection: Section
6 of article 3 of the constitution of the state of Kansas is hereby amended to read as follows:
``§ 6. District courts. (a) The state shall be divided into judicial districts as provided
by law. Each judicial district shall have at least one district judge. The term of office of
each judge of the district court shall be four years. District court shall be held at such
times and places as may be provided by law. The district judges shall be elected by the
electors of the respective judicial districts unless the electors of a judicial district have
adopted and not subsequently rejected a method of nonpartisan selection. The
legislature shall provide a method of for the nonpartisan selection of district judges and
for the manner of submission and resubmission thereof to the electors of a judicial
district. A nonpartisan method of selection of district judges may be adopted, and once
adopted may be rejected, only by a majority of electors of a judicial district voting on
the question at an election in which the proposition is submitted. Whenever a vacancy
occurs in the office of district judge, it shall be filled by appointment by the governor
until the next general election that occurs more than thirty days after such vacancy, or
as may be provided by such nonpartisan method of selection.
(b) The district courts shall have such jurisdiction in their respective districts as may be
provided by law.
(c) The legislature shall provide for clerks of the district courts.
(d) Provision may be made by law for judges pro tem of the district court.
(e) The supreme court or any justice thereof shall have the power to assign judges of
district courts temporarily to other districts.
(f) The supreme court may assign a district judge to serve temporarily on the supreme
court.
(g) The supreme court shall establish by court rules a commission for evaluating judicial
performance. The rules shall include written performance standards and performance
reviews which survey opinions of persons who have knowledge of the judge's performance.
The public shall be afforded a full and fair opportunity for participation in the evaluation
process through public hearings, dissemination of evaluation reports to voters and any other
methods as the court deems advisable.''
Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:
``Explanatory statement. The purpose of this amendment is to provide for the
nonpartisan selection of all district judges. It removes the provision relating to
election of district judges. The proposition requires the supreme court to establish
a commission for evaluating judicial performance and that the public be afforded an
opportunity for participation in the evaluation process.
``A vote for this proposition would eliminate the election of district judges and provide
for the nonpartisan selection of all district judges. The supreme court would be
required to establish a commission for evaluating judicial performance with
participation by the public in the evaluation process.
``A vote against this proposition would continue in effect the current law which provides
for the election of district judges, except where a nonpartisan selection of district
judges has been adopted.''
Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the Senate, and two-thirds of the members elected (or appointed) and
qualified to the House of Representatives shall be entered on the journals, together with
the yeas and nays. The secretary of state shall cause this resolution to be published as
provided by law and shall cause the proposed amendment to be submitted to the electors
of the state at the general election in April in the year 2000 unless a special election is called
at a sooner date by concurrent resolution of the legislature, in which case it shall be
submitted to the electors of the state at the special election.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolution were referred to Committees as indicated:
Agriculture: SB 601.
Assessment and Taxation: SB 605, 613, 616.
Commerce: SB 614; SCR 1641.
Education: SB 604.
Energy and Natural Resources: SB 597, 610.
Federal and State Affairs: SB 596, 607, 608; HB 2670.
Financial Institutions & Insurance: SB 600, 612; HB 2676, 2677, 2691.
Judiciary: SB 595, 603, 606, 609, 615; HB 2597, 2671, 2672.
Public Health and Welfare: SB 598, 599.
Transportation and Tourism: SB 611; HB 2643.
Ways and Means: SB 602, 617, 618.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2582, 2648, 2701.
Passage of SB 375.
Also, passage of SB 316, as amended.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2582, 2648, 2701 were thereupon introduced and read by title.
FINAL ACTION ON CONSENT CALENDAR
SB 504 having appeared on the Consent Calendar for the required two full legislative
days without objection from any member, was considered on final action.
SB 504, An act concerning civil procedure for limited actions; relating to judgment and
costs; amending K.S.A. 61-2309 and repealing the existing section.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
SB 378, An act relating to refunds of sales tax paid upon food; amending K.S.A. 1999
Supp. 79-3633 and 79-3635 and repealing the existing sections, was considered on final
action.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
SB 379, An act amending the homestead property tax refund act; concerning the
definition of income; amending K.S.A. 79-4502 and repealing the existing section, was
considered on final action.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
SB 420, An act concerning civil procedure; relating to divorce or separate maintenance
actions and interspousal tort actions, was considered on final action.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed.
SB 440, An act concerning insurance; relating to risk-based capital requirements;
amending K.S.A. 1999 Supp. 40-2c01 and repealing the existing section, was considered on
final action.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed.
SB 441, An act concerning insurance; relating to health care; amending K.S.A. 1999 Supp.
40-2121, 40-2209f and 40-2209m and repealing the existing sections, was considered on
final action.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed.
SB 444, An act concerning insurance; relating to mortgage guaranty insurance companies;
amending K.S.A. 1999 Supp. 40-3502 and repealing the existing section, was considered on
final action.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed.
SB 451, An act concerning the Kansas performance review board; relating to external
review of the board's activities; repealing K.S.A. 75-7106, was considered on final action.
On roll call, the vote was: Yeas 38, Nays 2, Present and Passing 0, Absent or Not Voting
0.
Yeas: Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan,
Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Barone, Feleciano.
The bill passed.
SB 457, An act relating to trust authority; concerning inactive trust companies or
departments; amending K.S.A. 1999 Supp. 9-1703 and repealing the existing section, was
considered on final action.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed.
SB 459, An act concerning mortgages; relating to mortgage business and mortgage loans;
amending K.S.A. 1999 Supp. 9-2204, 9-2207, 9-2208, 9-2209, 9-2212, 9-2213 and 9-2218
and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
SB 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 37, Nays 3, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Brownlee, Pugh, Tyson.
The bill passed, as amended.
SCR 1630, A CONCURRENT RESOLUTION urging the Kansas Water Office to
pursue the purchase of water supply storage capacity in Kanopolis Reservoir from the United
States Army Corps of Engineers, was considered on final action.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The resolution was adopted.
REPORTS OF STANDING COMMITTEES
Committee on Judiciary begs leave to submit the following report:
The following appointment was referred to and considered by the committee and your
committee recommends that the Senate approve and consent to such appointment:
By the Governor:
Kansas Parole Board: K.S.A. 22-3707
Larry D. Woodward, term expires January 15, 2004
Also, SB 471 be passed.
SB 424 be amended on page 2, in line 25, after ``Wichita,'' by inserting ``the police
department of the city of Kansas City, Missouri,''; and the bill be passed as amended.
SB 470 be amended on page 1, in line 14, after ``Section 1.'' by inserting the following:
``K.S.A. 21-4608 is hereby amended to read as follows: 21-4608. (a) When separate
sentences of imprisonment for different crimes are imposed on a defendant on the same
date, including sentences for crimes for which suspended sentences, probation or
assignment to a community correctional services program have been revoked, such
sentences shall run concurrently or consecutively as the court directs. Whenever the record
is silent as to the manner in which two or more sentences imposed at the same time shall
be served, they shall be served concurrently, except as provided in subsections (c), (d) and
(e).
(b) Any person who is convicted and sentenced for a crime committed while on
probation, assignment to a community correctional services program, parole or conditional
release for a misdemeanor shall serve the sentence concurrently with or consecutively to
the term or terms under which the person was on probation, assigned to a community
correctional services program or on parole or conditional release, as the court directs.
(c) Any person who is convicted and sentenced for a crime committed while on
probation, assigned to a community correctional services program, on parole, on conditional
release or on postrelease supervision for a felony shall serve the sentence consecutively to
the term or terms under which the person was on probation, assigned to a community
correctional services program or on parole or conditional release.
(d) Any person who is convicted and sentenced for a crime committed while on release
for a felony pursuant to article 28 of chapter 22 of the Kansas Statutes Annotated shall serve
the sentence consecutively to the term or terms under which the person was released.
(e) (1) Any person who is convicted and sentenced for a crime committed while such
person is incarcerated and serving a sentence for a felony in any place of incarceration shall
serve the sentence consecutively to the term or terms under which the person was
incarcerated.
(2) If a person is sentenced to prison for a crime committed on or after July 1, 1993,
while the person was imprisoned for an offense committed prior to July 1, 1993, and the
person is not eligible for the retroactive application of the sentencing guidelines act, the
new sentence shall not be aggregated with the old sentence but shall begin when the person
is paroled or reaches the conditional release date on the old sentence, whichever is earlier.
If the offender was past the offender's conditional release date at the time the new offense
was committed, the new sentence shall not be aggregated with the old sentence but shall
begin when the person is ordered released by the Kansas parole board or reaches the
maximum sentence date on the old sentence, whichever is earlier. The new sentence shall
then be served as otherwise provided by law. The period of postrelease supervision shall be
based on the new sentence, except as provided by K.S.A. 22-3717, and amendments thereto.
(f) The provisions of this subsection relating to parole eligibility shall be applicable to
persons convicted of crimes committed prior to January 1, 1979, but shall be applicable to
persons convicted of crimes committed on or after that date only to the extent that the
terms of this subsection are not in conflict with the provisions of K.S.A. 22-3717 and
amendments thereto. In calculating the time to be served on concurrent and consecutive
sentences, the following rules shall apply:
(1) When indeterminate terms run concurrently, the shorter minimum terms merge in
and are satisfied by serving the longest minimum term and the shorter maximum terms
merge in and are satisfied by conditional release or discharge on the longest maximum term
if the terms are imposed on the same date.
(2) When concurrent terms are imposed on different dates, computation will be made
to determine which term or terms require the longest period of imprisonment to reach
parole eligibility, conditional release and maximum dates, and that sentence will be
considered the controlling sentence. The parole eligibility date may be computed and
projected on one sentence and the conditional release date and maximum may be computed
and projected from another to determine the controlling sentence.
(3) When indeterminate terms imposed on the same date are to be served consecutively,
the minimum terms are added to arrive at an aggregate minimum to be served equal to the
sum of all minimum terms and the maximum terms are added to arrive at an aggregate
maximum equal to the sum of all maximum terms.
(4) When indeterminate sentences are imposed to be served consecutively to sentences
previously imposed in any other court or the sentencing court, the aggregated minimums
and maximums shall be computed from the effective date of the subsequent sentences which
have been imposed as consecutive. For the purpose of determining the sentence begins
date and the parole eligibility and conditional release dates, the inmate shall be given credit
on the aggregate sentence for time spent imprisoned on the previous sentences, but not
exceeding an amount equal to the previous minimum sentence less the maximum amount
of good time credit that could have been earned on the minimum sentence. For the purpose
of computing the maximum date, the inmate shall be given credit for all time spent
imprisoned on the previous sentence. This method for computation of the maximum
sentence shall be utilized for all sentences computed pursuant to this subsection after July
1, 1983.
Nothing in this subsection (f)(4) shall affect the authority of the Kansas parole board to
determine the parole eligibility of inmates pursuant to subsection (d) of K.S.A. 22-3717 and
amendments thereto.
(5) When consecutive sentences are imposed which are to be served consecutive to
sentences for which a prisoner has been on probation, assigned to a community correctional
services program, on parole or on conditional release, the amount of time served on
probation, on assignment to a community correctional services program, on parole or on
conditional release shall not be credited as service on the aggregate sentence in determining
the parole eligibility, conditional release and maximum dates, except that credit shall be
given for any amount of time spent in a residential facility while on probation or assignment
to a community correctional residential services program.
(g) When a definite and an indefinite term run consecutively, the period of the definite
term is added to both the minimum and maximum of the indeterminate term and both
sentences are satisfied by serving the indeterminate term. The provisions of this subsection
shall not apply to crimes committed on or after July 1, 1993.
(h) When a defendant is sentenced in a state court and is also under sentence from a
federal court or other state court or is subject to sentence in a federal court or other state
court for an offense committed prior to the defendant's sentence in a Kansas state court,
the court may direct that custody of the defendant may be relinquished to federal or other
state authorities and that such state sentences as are imposed may run concurrently with
any federal or other state sentence imposed.
New Sec. 2. '';
And by renumbering sections 2 and 3 as sections 3 and 4;
On page 9, in line 8, before ``K.S.A.'' by inserting ``K.S.A. 21-4608 and''; also in line 8, by
striking ``is'' and inserting ``are'';
On page 1, in the title, in line 10, after ``amending'' by inserting ``K.S.A. 21-4608 and'';
in line 11, by striking ``section'' and inserting ``sections''; and the bill be passed as amended.
Committee on Transportation and Tourism recommends SB 369 be amended on
page 2, in line 10, by striking all following ``session''; in line 11, by striking all preceding the
comma; in line 13, by striking all following ``attendance''; in line 14, by striking ``activities'';
following line 14, by inserting the following:
``(3) on days on which school activities, as defined by subsection (a) of K.S.A. 72-133,
and amendments thereto, are conducted, over the most direct and accessible route between
the licensee's residence and the licensee's school of enrollment or property owned or used
by such school for the purpose of conducting such school activities, for the purpose of
allowing such licensee to participate in such school activities. For the purpose of this
paragraph, ''to participate`` shall not include merely being a spectator at such school
activities;'';
Also on page 2, in line 15, by striking ``(3)'' and inserting ``(4)''; in line 19, by striking ``(4)''
and inserting ``(5)'';
On page 4, in line 15, by striking all following ``session''; in line 16, by striking all preceding
the comma; in line 18, by striking ``or participation in such school-sponsored activities''; in
line 19, by striking ``or ''; following line 19, by inserting the following:
``(3) on days on which school activities, as defined by subsection (a) of K.S.A. 72-133,
and amendments thereto, are conducted, over the most direct and accessible route between
the licensee's residence and the licensee's school of enrollment or property owned or used
by such school for the purpose of conducting such school activities, for the purpose of
allowing such licensee to participate in such school activities. For the purpose of this
paragraph, ''to participate`` shall not include merely being a spectator at such school
activities; or'';
Also on page 4, in line 20, by striking ``(3)'' and inserting ``(4)''; and the bill be passed as
amended.
Committee on Ways and Means recommends SB 481 be passed.
REPORT ON ENGROSSED BILLS
SB 378, 379, 459, 475 reported correctly engrossed February 10, 2000.
On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, February 11,
2000.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.