March 21, 2000
Journal of the Senate
FIFTIETH DAY
______
| Senate Chamber, Topeka, Kansas |
| Tuesday, March 21, 2000--2:30 p.m. |
The Senate was called to order by Vice-President Alicia L. Salisbury.
The roll was called with forty senators present.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
Inspired by verse 21 in the second chapter of First Peter a century ago, a Topeka pastor,
Charles Sheldon, asked his church members to ask themselves ``What would Jesus do?''
before making important decisions. He followed this experiment with a book entitled ``In
His Steps'' which is said to have sold more copies than any book other than the Bible.
I think we must admit, O God,
It is surely true
There's not a better question
Than ``What would Jesus do.''
When looking for the right way
And wishing that we knew,
Why not ask the question?
``What would Jesus do?''
When preparing for a speech,
We could begin to pray
And include the question,
``What would Jesus say?''
When tempted to do wrong,
And teetering on the brink,
The best thing we could do is ask,
``What would Jesus think?''
And it seems a good idea, O God,
If we want to stay afloat,
To ask before the roll is called,
``How would Jesus vote?''
I pray this in the Name of Jesus,
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
SB 668, An act concerning the establishment of the Kansas business health partnership
by Committee on Ways and Means.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Federal and State Affairs: SB 666, 667.
Judiciary: SB 665.
Ways and Means: HB 2603.
MESSAGE FROM THE GOVERNOR
SB 451, 459, 460, 498 approved on March 20, 2000.
MESSAGE FROM THE HOUSE
Announcing passage of HB 3026.
Also, adoption of HCR 5071.
Passage of SB 473.
Also, passage of SB 503, as amended, 512, as amended, 574, as amended.
The House nonconcurs in Senate amendments to HB 2580, requests a conference and
has appointed Reps. Lane, Beggs and Ruff as conferees on the part of the House.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 3026; HCR 5071 were thereupon introduced and read by title.
ORIGINAL MOTION
On motion of Senator Kerr, the Senate acceded to the request of the House for a
conference on S Sub for HB 2476.
The Vice-President appointed Senators Kerr, Lawrence and Petty as conferees on the
part of the Senate.
On motion of Senator Ranson, the Senate acceded to the request of the House for a
conference on HB 2580.
The Vice-President appointed Senators Salisbury, Ranson and Barone as conferees on
the part of the Senate.
On motion of Senator Lawrence, the Senate acceded to the request of the House for a
conference on HB 2810.
The Vice-President appointed Senators Lawrence, Langworthy and Downey as conferees
on the part of the Senate
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
On motion of Senator Steffes the Senate nonconcurred in the House amendments to SB
412 and requested a conference committee be appointed.
The Vice-President appointed Senators Steffes, Praeger and Feleciano as a conference
committee on the part of the Senate.
On motion of Senator Emert the Senate nonconcurred in the House amendments to SB
470 and requested a conference committee be appointed.
The Vice-President appointed Senators Emert, Pugh and Goodwin as a conference
committee on the part of the Senate.
CONFIRMATION OF APPOINTMENTS
In accordance with Senate Rule 56, the following appointments, submitted by the
Governor and the Attorney General to the senate for confirmation, were considered.
Senator Emert moved the following appointments be confirmed as recommended by the
Standing Senate Committees:
By the Governor:
On the appointment to the:
Indigents' Defense Services Board:
Bruce Beye, term expires January 15, 2002.
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 appointment was confirmed.
On the appointment to the:
Indigents' Defense Services Board:
Ruth Graham, term expires January 15, 2002.
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 appointment was confirmed.
On the appointment to the:
Indigents' Defense Services Board:
David Herndon, term expires January 15, 2002.
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 appointment was confirmed.
On the appointment to the:
Indigents' Defense Services Board:
Devon Knoll, term expires January 15, 2003.
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 appointment was confirmed.
On the appointment to the:
Indigents' Defense Services Board:
Willis Musick, term expires January 15, 2003.
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 appointment was confirmed.
On the appointment to the:
Indigents' Defense Services Board:
Denise Tomasic, term expires January 15, 2003.
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 appointment was confirmed.
By the Attorney General:
On the appointment to the:
Crime Victims' Compensation Board:
Glenda L. Cafer, Chairperson, term expires March 15, 2004.
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 appointment was confirmed.
COMMITTEE OF THE WHOLE
On motion of Senator Emert, the Senate resolved itself into Committee of the Whole for
consideration of bills on the calendar under the heading of General Orders with Senator
Vratil in the chair.
On motion of Senator Vratil the following report was adopted:
Recommended HB 2745, 2754, 2844 be passed.
SB 651; Sub HB 2527 be amended by adoption of the committee amendments, and the
bills be passed as amended.
Senator Hensley moved to amend HB 2928 on page 2 by striking line 5 and inserting
the following:
``Sec. 2. K.S.A. 19-3419 is hereby amended to read as follows: 19-3419. In counties (a)
Except as provided in subsection (b), in any county of this state having a population
exceeding 130,000, there shall be an office of commissioner of elections, which shall be
administered by an election commissioner. The election commissioner shall be appointed
by the secretary of state county commission and shall hold office for a term of four years
and until a successor is appointed and qualified. The secretary of state county commission
may remove the election commissioner for official misconduct. Upon occurrence of a
vacancy in the office of county election commissioner, the secretary of state county
commission shall appoint a successor. If the vacancy occurs before the expiration of a term
of office, the appointment shall be for the unexpired term. Such election commissioner shall
have been a qualified elector and a resident of the county at least two years prior to
appointment. Within 10 days after receiving official notice of the appointment and before
entering upon the duties of the office, the election commissioner shall take, subscribe and
cause to be filed in the office of the secretary of state county clerk an oath of office for the
faithful discharge of official duties.
(b) In any county of the state which has a unified city-county government and which
has a population exceeding 130,000, there shall be an office of commissioner of elections,
which shall be administered by an election commissioner. The election commissioner shall
be appointed by the governing body of the unified city-county government and shall hold
office for a term of four years and until a successor is appointed and qualified. The governing
body of the unified city-county government may remove the election commissioner for official
misconduct. Upon occurrence of a vacancy in the office of county election commissioner, the
governing body of the unified city-county government shall appoint a successor. If the
vacancy occurs before the expiration of a term of office, the appointment shall be for the
unexpired term. Such election commissioner shall have been a qualified elector and a resident
of the county at least two years prior to appointment. Within 10 days after receiving official
notice of the appointment and before entering upon the duties of the office, the election
commissioner shall take, subscribe and cause to be filed in the office of the clerk of the unified
city-county government an oath of office for the faithful discharge of official duties.
Sec. 3. K.S.A. 19-3419 and K.S.A. 1999 Supp. 25-2804 are hereby repealed.'';
Renumber remaining section accordingly;
Also in the title, in line 9, after the second semicolon by inserting ``relating to the selection
of certain election commissioners;''; in line 10, before ``1999'' by inserting ``19-3419 and'';
in line 11, by striking ``section'' and inserting ``sections''.
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 13, Nays 27, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Jones, Lee,
Petty, Steineger, Stephens.
Nays: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger,
Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Tyson, Umbarger, Vidricksen, Vratil.
The motion failed and the amendment was rejected.
The committee recommended HB 2928 be passed.
SB 657 be amended by motion of Senator Lawrence on page 1, following line 33, by
inserting a new section as follows:
``Sec. 2. On July 1, 2000, K.S.A. 1999 Supp. 72-4408 shall be and is hereby amended
to read as follows: 72-4408. (a) The state of Kansas hereby accepts the provisions and
benefits of the Carl D. Perkins vocational and technical education act of 1998, and acts
amendatory thereof and supplemental thereto. The state board of regents education is
hereby designated as the sole agency for supervision of the administration of vocational
education by local educational agencies. The state board of regents education is authorized
to prepare, from time to time amend, and administer the state plan for vocational education
as provided in the above cited federal act.
(b) The state plan for vocational education, prepared and adopted pursuant to the
provisions of this section prior to its amendment by this act, shall continue to be effective
and shall be deemed to be the duly adopted state plan of the state board of education until
revised, amended, revoked or nullified pursuant to law.
(c) The provisions of this section shall expire on July 1, 2001.'';
By renumbering sections 2 through 5 as sections 3 through 6, respectively;
Also on page 1, in line 34, before ``K.S.A.'', by inserting ``On July 1, 2000,''; also in line
34, before ``is'', by inserting ``shall be and'';
On page 3, in line 13, by striking ``regents'' and inserting ``education'';
On page 6, by striking all of lines 27 through 29; following line 29, by inserting four new
sections as follows:
``Sec. 7. K.S.A. 1999 Supp. 74-32,140 is hereby amended to read as follows: 74-32,140.
(a) On July 1, 1999, the community colleges established and existing under the laws of this
state shall be and hereby are transferred from the supervision of the state board of education
to supervision and coordination by the state board of regents. The community colleges shall
continue to be operated, managed and controlled by locally elected boards of trustees. The
state board of regents shall exercise such supervision and coordination of the operation,
management and control of community colleges as may be prescribed by law.
(b) On July 1, 1999, all of the powers, duties, functions, records and property of the
state board of education relating to community college operations shall be and are hereby
transferred to and conferred and imposed upon the state board of regents.
(c) On and after July 1, 1999, the state board of regents shall be the successor in every
way to the powers, duties and functions of the state board of education relating to community
college operations in which the same were vested prior to the effective date of this act.
Every act performed by the state board of regents shall be deemed to have the same force
and effect as if performed by the state board of education in which such functions were
vested prior to July 1, 1999.
(d) On and after July 1, 1999, whenever the state board of education, or words of like
effect, is referred to or designated by a statute, contract or other document relating to
community college operations, such reference or designation shall be deemed to apply to
the state board of regents.
(e) The state plan for community colleges, prepared and adopted by the state board of
education pursuant to the provisions of the Kansas community college act, which is in
existence on July 1, 1999, shall continue to be effective and shall be deemed to be the duly
adopted state plan of the state board of regents until revised, amended, revoked or nullified
pursuant to law.
(f) All rules and regulations, and all orders and directives of the state board of education
relating to community college operations which are in existence on July 1, 1999, shall
continue to be effective and shall be deemed to be the duly adopted rules and regulations
or orders and directives of the state board of regents until revised, amended, revoked or
nullified pursuant to law.
(g) (f) The unexpended balance of any appropriation for and any funds available to the
state board of education for purposes relating to community college operations shall be
transferred to the state board of regents on July 1, 1999.
(h) (g) On and after July 1, 1999, all books, records and papers of the board of trustees
of each community college shall be open and available, at all reasonable times, to the state
board of regents and its designated officers, employees and agents.
(i) (h) Except as otherwise specifically provided in this act, the transfer of supervision
of the community colleges from the state board of education to supervision and coordination
by the state board of regents shall not be construed in any manner so as to change or affect
the operation, management and control of any community college or to change or affect
any existing power, duty or function of a board of trustees with respect to such operation,
management and control.
Sec. 8. On July 1, 2000, K.S.A. 1999 Supp. 74-32,141 shall be and is hereby amended
to read as follows: 74-32,141. (a) On July 1, 1999, the technical colleges, area vocational
schools and area vocational-technical schools established and existing under the laws of this
state shall be and hereby are transferred from the supervision of the state board of education
to supervision and coordination by the state board of regents. The technical colleges, area
vocational schools and area vocational-technical schools shall continue to be operated,
managed and controlled by governing boards as provided for in article 44 of chapter 72 of
Kansas Statutes Annotated. The state board of regents shall exercise such supervision and
coordination of the operation, management and control of technical colleges, area vocational
schools and area vocational-technical schools as may be prescribed by law.
(b) On July 1, 1999, all of the powers, duties, functions, records and property of the
state board of education relating to operations of technical colleges, area vocational schools
and area vocational-technical schools shall be and are hereby transferred to and conferred
and imposed upon the state board of regents.
(c) On and after July 1, 1999, the state board of regents shall be the successor in every
way to the powers, duties and functions of the state board of education relating to operations
of technical colleges, area vocational schools and area vocational-technical schools in which
the same were vested prior to July 1, 1999. Every act performed by the state board of
regents shall be deemed to have the same force and effect as if performed by the state
board of education in which such functions were vested prior to July 1, 1999.
(d) On and after July 1, 1999, whenever the state board of education, or words of like
effect, is referred to or designated by a statute, contract or other document relating to
operations of technical colleges, area vocational schools or area vocational-technical schools,
such reference or designation shall be deemed to apply to the state board of regents
established.
(e) The state plan for vocational education, prepared and adopted by the state board of
education pursuant to the provisions of the K.S.A. 72-4413, and amendments thereto, which
is in existence on July 1, 1999, shall continue to be effective and shall be deemed to be the
duly adopted state plan of the state board of regents until revised, amended, revoked or
nullified pursuant to law.
(f) All rules and regulations, and all orders and directives of the state board of education
relating to operations of technical colleges, area vocational schools and area vocational-
technical schools which are in existence on July 1, 1999, shall continue to be effective and
shall be deemed to be the duly adopted rules and regulations or orders and directives of
the state board of regents until revised, amended, revoked or nullified pursuant to law.
(g) (f) The unexpended balance of any appropriation for and any funds available to the
state board of education for purposes relating to operations of technical colleges, area
vocational schools and area vocational-technical schools shall be transferred to the state
board of regents on July 1, 1999.
(h) (g) On and after July 1, 1999, all books, records and papers of the governing boards
of technical colleges, area vocational schools and area vocational-technical schools shall be
open and available, at all reasonable times, to the state board of regents and its designated
officers, employees and agents.
(i) (h) Except as otherwise specifically provided in this act, the transfer of supervision
of the technical colleges, area vocational schools and area vocational-technical schools from
the state board of education to supervision and coordination by the state board of regents
shall not be construed in any manner so as to change or affect the operation, management
and control of any technical college, area vocational school or area vocational-technical
school or to change or affect any existing power, duty or function of the governing board of
any technical college, area vocational school or area vocational-technical school with respect
to such operation, management and control.
(j) (i) For the purposes of the school district finance and quality performance act, the
term approved vocational education program means in the case of vocational education
programs offered and provided in the area vocational schools, the area vocational-technical
schools, and the technical colleges, the state board of regents; and in the case of vocational
education programs offered and provided in the high schools of a school district, the state
board of education.
Sec. 9. K.S.A. 71-1001, 71-1002, 71-1003, 72-4409, 72-4409a, 72-4410 and 72-60b02
and K.S.A. 1999 Supp. 71-613, 71-901, 71-902, 72-4517, 74-3202c and 74-32,140 are hereby
repealed.
Sec. 10. On July 1, 2000, K.S.A. 1999 Supp. 72-4408, 72-4412 and 74-32,141 shall be
and are hereby repealed.'';
By renumbering section 7 as section 11;
In the title, in line 10, after ``regents'', by inserting ``and the state board of education''; in
line 12, after the comma, by inserting ``72-4408,''; in line 13, after ``72-4517'', by striking
``and'' and inserting a comma; also in line 13, after ``74-3202c'', by inserting ``, 74-32,140
and 74-32,141''; in line 14, after ``71-1002'', by striking ``and'' and inserting a comma; also
in line 14, after ``71-1003'', by inserting ``, 72-4409, 72-4409a and 72-4410, and SB 657 be
passed as amended.
HB 2832 be amended by adoption of the committee amendments, be further amended
by motion of Senator Kerr on page 1, in line 39, by striking ``and''; in line 41, by striking
the period and inserting ``; and'' after line 41, by inserting an additional paragraph as follows:
``(6) the staging of a national event by a local government.'';
On page 3, after line 6, by inserting an additional subsection as follows:
``(h) For purposes of this act, ``national event'' means an activity or occurrence which is
held not more than once per year at any location in the United States; is televised nationally
for a period of more than one hour; is estimated to generate at least $100,000 in state sales
tax revenue; and is planned at least one year in advance.
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 19, Nays 18, Present and Passing 2, Absent or Not Voting
1.
Yeas: Becker, Bond, Corbin, Donovan, Emert, Hardenburger, Harrington, Kerr,
Langworthy, Lawrence, Morris, Praeger, Ranson, Salisbury, Salmans, Steffes, Umbarger,
Vidricksen, Vratil.
Nays: Barone, Biggs, Brownlee, Clark, Downey, Feleciano, Gilstrap, Gooch, Goodwin,
Hensley, Huelskamp, Jones, Lee, Petty, Pugh, Steineger, Stephens, Tyson.
Present and Passing: Jordan, Oleen.
Absent or Not Voting: Bleeker.
The motion carried and the amendment was adopted.
HB 2832 be passed over and retain a place on the calendar.
Sub SB 652 be amended by adoption of the committee report recommending a substitute
bill, be amended by motion of Senator Oleen on page 1, in line 20, by striking ``65-445''
and inserting ``65-425, and Sub SB 652 be passed as amended.
SB 535; HB 2674 be passed over and retain a place on the calendar.
REPORTS OF STANDING COMMITTEES
Committee on Agriculture recommends SB 664 be amended on page 1, in line 28, by
striking ``An'' and inserting: ``On and after July 1, 2000, through June 30, 2001, an''; also in
line 28, by striking ``$75,000'' and inserting ``$35,000'';
On page 3, in line 1, by striking all after the period; by striking all in line 2; in line 3, by
striking all before ``amount'' and inserting: ``On and after July 1, 2000, through June 30,
2001, an''; also in line 3, by striking ``$75,000'' and inserting ``$35,000''; in line 15, by striking
``An'' and inserting: ``On and after July 1, 2000, through June 30, 2001, an''; also in line 15,
by striking ``$75,000'' and inserting ``$5,000''; and the bill be passed as amended.
Committee on Energy and Natural Resources recommend HB 2103 as amended by
House Committee, be passed.
Also, HB 2823, as amended by House Committee, be passed.
HB 2762, as amended by House Committee of the Whole, be amended on page 1, by
striking all in lines 41 through 43;
On page 2, by striking all in lines 1 through 18 and inserting:
``Sec. 2. K.S.A. 32-920 is hereby amended to read as follows: 32-920. (a) Except as
provided by subsection (b), no person born on or after July 1, 1957, shall hunt in this state
on land other than such person's own land unless the person has been issued a certificate
of completion of an approved hunter education course. If such person is required by law to
obtain a hunting license, the person shall exhibit proof of completion of such course to the
person issuing the license at the time of purchasing the license. If such person is not required
by law to obtain a hunting license or is less than 27 years of age, the person shall be in
possession of the person's certificate of completion of such course while hunting. A person
may purchase for another person, under rules and regulations adopted by the secretary in
accordance with K.S.A. 32-805 and amendments thereto, a lifetime hunting or combination
hunting and fishing license without the license recipient's first having been issued a
certificate of completion of an approved hunter education course.
(b) Completion of an approved hunter education course shall not be required to obtain
a special controlled shooting area hunting license valid only for licensed controlled shooting
areas.'';
Also on page 2, in line 19, by striking ``32-921'' and inserting ``32-920'';
In the title, in line 14, by striking ``32-921'' and inserting ``32-920''; and the bill be passed
as amended.
HB 2976, as amended by House Committee of the Whole, be amended on page 1, in
line 31, by striking ``16'' and inserting ``18''; and the bill be passed as amended.
Committee on Federal and State Affairs recommends HB 2670, as amended by House
Committee, be amended on page 9, following line 34, by inserting the following:
``Sec. 10. K.S.A. 1999 Supp. 79-3391 is hereby amended to read as follows: 79-3391.
(a) In addition to or in lieu of any other civil or criminal penalty provided by law, the
secretary of revenue or the secretary's designee, upon a finding that a licensee under this
act has violated any provision of this act or any provision of any rule and regulation of the
secretary of revenue adopted pursuant to this act shall impose on such licensee a civil fine
not exceeding $1,000 for each violation.
(b) It shall be unlawful for any person, directly or indirectly, to: (1) Sell, give or furnish
any cigarettes or tobacco products to any person under 18 years of age; or (2) buy any
cigarettes or tobacco products for any person under 18 years of age. In determining the fine
to be imposed under this subsection by a licensed retail dealer whose employee sold,
furnished or distributed the cigarettes or tobacco products, the secretary of revenue or the
secretary's designee shall consider it to be a mitigating circumstance if the employee had
completed a training program, approved by the secretary of revenue or the secretary's
designee, in avoiding sale, furnishing or distributing of cigarettes and tobacco products to
persons under 18 years of age.
(c) No fine shall be imposed pursuant to this section except upon the written order of
the secretary of revenue or the secretary's designee to the licensee who committed the
violation. Such order shall state the violation, the fine to be imposed and the right of the
licensee to appeal the order. Such order shall be subject to appeal and review in the manner
provided by the Kansas administrative procedure act.
(d) Any fine collected pursuant to this section shall be paid to the state treasurer, who
shall deposit the entire amount in the state treasury and credit it to the cigarette and tobacco
products regulation fund.
(e) There is hereby created, in the state treasury, the cigarette and tobacco products
regulation fund. Moneys in the fund shall be expended only for the enforcement of this act
and rules and regulations adopted pursuant to this act. Such expenditures 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 revenue or a person designated
by the secretary.
(f) If a person violates subsection (b) for a second or subsequent occurrence within a
three-year period, the secretary may impose a graduated fine upon such person for the
second or subsequent occurrence. For the purposes of imposing a fine under this section, if
three or more years have elapsed since a person has been found to have violated the
provisions of subsection (b), such person shall be treated as never having violated subsection
(b).'';
By renumbering sections accordingly;
Also on page 9, in line 36, following ``79-3322'' by inserting ``and 79-3391'';
In the title, in line 12, following ``79-3322'' by inserting ``and 79-3391''; and the bill be
passed as amended.
Committee on Judiciary recommends HB 2855, as amended by House Committee of
the Whole, be amended on page 1, after line 40, by inserting the following:
``Sec. 4. K.S.A. 50-101 is hereby amended to read as follows: 50-101. A trust is a
combination of capital, skill, or acts, by two or more persons, firms, corporations, or
associations of persons, or either two or more of them, for either, any or all of the following
purposes:
First. To create or carry out restrictions in trade or commerce, or aids to commerce, or
to carry out restrictions in the full and free pursuit of any business authorized or permitted
by the laws of this state.
Second. To increase or reduce the price of merchandise, produce or commodities, or to
control the cost or rates of insurance.
Third. To prevent competition in the manufacture, making, transportation, sale or
purchase of merchandise, produce or commodities, or to prevent competition in aids to
commerce.
Fourth. To fix any standard or figure, whereby its such person's price to the public shall
be, in any manner, controlled or established, any article or commodity of merchandise,
produce or commerce intended for sale, use or consumption in this state.
Fifth. To make or enter into, or execute or carry out, any contract, obligation or agreement
of any kind or description by which they shall such person shall: (a) Bind or have to bind
themselves not to sell, manufacture, dispose of or transport any article or commodity, or
article of trade, use, merchandise, commerce or consumption below a common standard
figure; or by which they shall
(b) agree in any manner to keep the price of such article, commodity or transportation
at a fixed or graded figure; or by which they shall
(c) in any manner establish or settle the price of any article or commodity or
transportation between them or themselves and others to preclude a free and unrestricted
competition among themselves or others in transportation, sale or manufacture of any such
article or commodity; or by which they shall
(d) agree to pool, combine or unite any interest they may have in connection with the
manufacture, sale or transportation of any such article or commodity, that its such person's
price may in any manner be is affected. And Any such combinations are hereby declared
to be against public policy, unlawful and void.
Sec. 5. K.S.A. 50-102 is hereby amended to read as follows: 50-102. All persons,
companies, or corporations within this state are hereby denied the right to form or to be in
any manner interested, either directly or indirectly, as principal, agent, representative,
consignee or otherwise, in any trust as defined in K.S.A. 50-101, and amendments thereto.'';
And by renumbering section 4 as section 6;
On page 2, in line 15, by striking ``company or corporation''; after line 29, by inserting
the following:
``Sec. 7. K.S.A. 50-108 is hereby amended to read as follows: 50-108. Except as provided
in K.S.A. 12-205, and amendments thereto, any person, firm, company or corporation that
may be damaged by any such agreement, trusts or combinations described in K.S.A. 50-101
and 50-102, and amendments thereto, may sue for and recover in any court of competent
jurisdiction in this state, of any person, company or corporation operating such trust or
combination, such damages as they have sustained, together with a reasonable attorney fee
fees.'';
And by renumbering sections 5 and 6 as sections 8 and 9;
On page 3, in line 41, by striking ``, corporations and other entities'';
On page 4, after line 3, by inserting the following:
``Sec. 10. K.S.A. 50-112 is hereby amended to read as follows: 50-112. All arrangements,
contracts, agreements, trusts, or combinations between persons or corporations made with
a view or which tend to prevent full and free competition in the importation, transportation
or sale of articles imported into this state, or in the product, manufacture or sale of articles
of domestic growth or product of domestic raw material, or for the loan or use of money,
or to fix attorneys' attorney or doctors' doctor fees, and all arrangements, contracts,
agreements, trusts or combinations between persons or corporations, designed or which
tend to advance, reduce or control the price or the cost to the producer or to the consumer
of any such products or articles, or to control the cost or rate of insurance, or which tend
to advance or control the rate of interest for the loan or use of moneys to the borrower, or
any other services, are hereby declared to be against public policy, unlawful and void.
Sec. 11. K.S.A. 50-113 is hereby amended to read as follows: 50-113. It shall not be
lawful unlawful for any corporation to issue or to own trust certificates, other than the
regularly and lawfully authorized stock thereof, or for any corporation, agent, officer or
employees, or the directors or stockholders of any corporation, to enter into any
combination, contract or agreement with any person or persons, corporation or corporations,
or with any stockholder or director thereof, the purpose and effect of which combination,
contract or agreement shall be to place the management or control of such combination or
combinations, or the manufactured product thereof, in the hands of any trustee or trustees,
with the intent to limit or fix the price or lessen the production and sale of any article of
commerce, use or consumption, or to prevent, restrict or diminish the manufacture or output
of any such article.
Sec. 12. K.S.A. 50-115 is hereby amended to read as follows: 50-115. Except as
provided in K.S.A. 12-205, and amendments thereto, any person or corporation injured or
damaged by any such arrangement, contract, agreement, trust or combination, described in
K.S.A. 50-112 and 50-113, and amendments thereto, may sue for and recover in any court
of competent jurisdiction in this state, of any person or corporation, the full consideration
or sum paid by such person for any goods, wares, merchandise and articles included in or
advanced or controlled in price by such combination, or the full amount of money so
borrowed.
Sec. 13. K.S.A. 50-117 is hereby amended to read as follows: 50-117. The purchase,
sale or manufacture of any goods, wares, merchandise or other commodities in this state by
any person or corporation who has entered into any such arrangements, contracts,
agreements, trusts or combinations in any other state or territory, as described in K.S.A. 50-
112 and 50-113, and amendments thereto, or the purchase, sale or manufacture of any such
articles by any agent or attorney for such person, or as an agent, officer or stockbroker of
any such corporation, as a trustee, committee, or in any capacity whatever, shall constitute
a violation of this act, and shall subject the offender to the aforesaid liabilities and penalties
as provided by this act.'';
And by renumbering sections 7 through 9 as sections 14 through 16;
Also on page 4, in line 5, by striking ``, company or corporation''; in line 7, by striking
``company or corporation''; in line 11, by striking ``restraint of trade''; in line 14, before the
period, by inserting ``violation of this act''; in line 16, by striking ``firm or corporation'' and
by inserting ``person''; in line 18, by striking ``firm or corporation''; in line 22, by striking ``,
firm or corporation''; in line 27, by striking ``firm or''; in line 28, by striking ``corporation,'';
in line 34, by striking ``restraint of trade''; in line 39, before the period, by inserting ``violation
of this act''; after line 39, by inserting the following:
``Sec. 17. K.S.A. 50-136 is hereby amended to read as follows: 50-136. It shall be
unlawful for any grain dealer or grain dealers, partnership, company, corporation or
association of grain dealers, or any other person or persons, partnership, company,
corporation or association, to enter into any agreement, contract or combination with any
other grain dealer or grain dealers, partnership, company, corporation or association of grain
dealers, or any other person or persons, partnership, company, corporation or association,
for the pooling of prices of different and competing dealers and buyers, or to divide between
them the aggregate or net proceeds of the earnings of such dealers and buyers, or any
portion thereof, or for fixing the price which any grain dealer or grain dealers, partnerships,
company, corporation or association of grain dealers, or any other person or persons,
partnership, company, corporation or association, shall pay for grain, hogs, cattle, or stock
of any kind or nature whatever; and. In case of any agreement, contract or combination of
such pooling of prices of different and competing dealers and buyers, or to divide between
them the aggregate or net proceeds of the earnings of such dealers and buyers, or any
portion thereof, or for fixing the price which any grain dealer or grain dealers, partnership,
company, corporation or association of grain dealers, or any other person or persons,
partnership, company, corporation or association, shall pay for grain, hogs, cattle, or stock
of any kind or nature whatever, each day of its continuance shall be deemed a separate
offense.'';
And by renumbering sections 10 and 11 as sections 18 and 19;
Also on page 4, in line 41, by striking all after ``dealers''; in line 42, by striking ``association
of grain dealers,''; also in line 42, by striking ``, partnership, com-''; in line 43, by striking all
before ``subject'';
On page 5, in line 4, by striking ``, partnership, company, corporation or association of
grain dealers,''; in line 5, by striking ``, partnership, company, corporation or''; in line 6, by
striking ``association,''; in line 41, by striking ``civil''; after line 43, by inserting the following:
``Sec. 20. K.S.A. 50-148 is hereby amended to read as follows: 50-148. The word As
used in this act: (a) ``Trade'' as used in this act means the business of buying or selling any
commodity of general use within the state; and the word and
(b) ``person'' or ``persons'' shall be deemed to include includes individuals, corporations,
limited liability companies, general partnerships, and limited partnerships, firms, companies,
voluntary associations and other associations or business entities, existing under or
authorized by the state of Kansas, or the laws of any other state, territory, or foreign country.
This The provisions of this act shall not apply to persons whose business is under the
supervision and control of the state corporation commission or the banking department.
Sec. 21. K.S.A. 50-149 is hereby amended to read as follows: 50-149. Any person, firm
or corporation, foreign or domestic, doing business in the state of Kansas, and engaged in
the production, manufacture, distribution, sale or purchase of any commodity in general
use, that shall intentionally for the purpose of destroying competition, discriminate between
the different sections, communities, or cities of this state, by buying at a higher rate or
selling at a lower rate, any such commodity, in one section, community or city, or any portion
thereof, than is charged or paid for such commodity in other section, community, or city,
after equalizing the distance from the point of production to the factory, for distribution,
and freight rates therefrom, shall be deemed guilty of unfair discrimination in violation with
the provisions of this act.'';
And by renumbering section 12 as section 22;
On page 7, in line 4, by striking ``or that''; by striking all in lines 5 and 6; in line 7, by
striking ``erwise violate this act'';
On page 8, after line 9, by inserting the following:
``Sec. 23. K.S.A. 50-157 is hereby amended to read as follows: 50-157. In any civil or
criminal action or proceeding for violation of the antitrust, discrimination in restraint of
trade or unfair competition laws of this state, proof that the act complained of was done in
compliance with the provisions of any code, agreement, license, rule or regulation in effect
under the terms of the national industrial recovery act or the federal agricultural adjustment
act, to which the defendant was a party at the time of such act, shall be a complete defense
to such action or proceeding.'';
And by renumbering sections accordingly;
On page 9, in line 16, by striking ``or laws'';
On page 10, in line 11, after ``K.S.A.'' by inserting ``50-101, 50-102,''; also in line 11, after
50-107,'' by inserting ``50-108,''; in line 12, after ``50-110,'' by inserting ``50-112, 50-113,'';
also in line 12, after ``50-114,'' by inserting ``50-115, 50-117,''; also in line 12, after ``50-119,''
by inserting ``50-120,''; in line 14, after ``134,'' by inserting ``50-136,''; in line 15, after ``50-
146,'' by inserting ``50-148, 50-149,''; in line 16, after ``156,'', by inserting ``50-157,'';
On page 1, in the title, in line 12, after ``K.S.A.'', by inserting ``50-101, 50-102,''; also in
line 12, after ``50-103,'', by inserting ``50-108,''; in line 13, after ``50-110,'', by inserting ``50-
112, 50-113, 50-115, 50-117,''; also in line 13, after ``50-133,'', by inserting ``50-136,''; also
in line 13, before ``, 50-153'', by inserting ``50-148, 50-149,''; also in line 13, before ``, 75-'',
by inserting ``, 50-157''; in line 15, after ``50-119,'', by inserting ``50-120,''; and the bill be
passed as amended.
Committee on Public Health and Welfare begs leave to submit the following report:
The following appointments were referred to and considered by the committee and your
committee recommends that the Senate approve and consent to such appointments:
By the Governor:
University of Kansas Hospital Authority: K.S.A. 1999 Supp. 76-3304
Eric Jager, Member, term expires January 15, 2002
Charlie Sunderland, Member, term expires January 15, 2002
Also, SB 398 be amended on page 1, in line 18, by striking ``, edu-''; in line 19, by striking
``cation''; in line 31, by striking the comma and inserting ``or''; also in line 31, by striking ``or
plan treatment'';
On page 2, in line 14, by striking ``No'' and inserting ``Except as provided further, no'';
in line 19, by striking ``No'' and inserting ``Except as provided further, no''; in line 23, by
striking ``No'' and inserting ``Except as provided further, no''; after line 26, by inserting the
following:
``(d) Counselors who currently practice through the substance abuse treatment and
recovery (SATR) regulations, pursuant to K.S.A. 65-6301 et seq., and amendments thereto,
shall be allowed to provide education, monitoring, support, supervision or activities and
transportation under the supervision of a licensed addictions counselor I or II.'';
Also on page 2, in line 27, by striking ``(d)'' and inserting ``(e)''; in line 43, by striking
``2,000'' and inserting ``1,000'';
On page 3, in line 10, by striking ``1,000'' and inserting ``500''; in line 20, by striking
``4,000'' and inserting ``2,000''; in line 29, by striking ``2,000'' and inserting ``1,000'';
On page 10, by striking all in lines 7 through 43;
On page 11, by striking all in lines 1 through 9;
And by renumbering sections accordingly;
On page 13, in line 3, by striking ``74-''; in line 4, by striking ``7501 and'';
In the title, in line 10, by striking ``74-7501 and''; and the bill be passed as amended.
Substitute for HB 2169 be amended on page 2, after line 33, by inserting:
``Sec. 2. K.S.A. 65-1133 is hereby amended to read as follows: 65-1133. (a) An
accredited educational and training program for advanced registered nurse practitioners is
a program conducted in Kansas which has been approved by the board as meeting the
standards and the rules and regulations of the board. An institution desiring to conduct an
educational and training program for advanced registered nurse practitioners shall apply to
the board for accreditation and submit satisfactory proof that it is prepared to and will
maintain the standards and the required curriculum for advanced registered nurse
practitioners as prescribed by this act and by the rules and regulations of the board.
Applications shall be made in writing on forms supplied by the board and shall be submitted
to the board together with the application fee fixed by the board. The accreditation of an
educational and training program for advanced registered nurse practitioners shall expire
two years after the granting of such accreditation by the board. An institution desiring to
continue to conduct an accredited educational and training program for advanced registered
nurse practitioners shall apply to the board for the renewal of accreditation and submit
satisfactory proof that it will maintain the standards and the required curriculum for
advanced registered nurse practitioners as prescribed by this act and by the rules and
regulations of the board. Applications for renewal of accreditation shall be made in writing
on forms supplied by the board and. Each program shall be submitted submit annually to
the board together with the application an annual fee fixed by the board board's rules and
regulations to maintain the accredited status.
(b) A program to qualify as an accredited educational and training program for advanced
registered nurse practitioners must be conducted in the state of Kansas, and the school
conducting the program must apply to the board and submit evidence that: (1) It is prepared
to carry out the curriculum prescribed by rules and regulations of the board; and (2) it is
prepared to meet such other standards as shall be established by law and the rules and
regulations of the board.
(c) The board shall prepare and maintain a list of programs which qualify as accredited
educational and training programs for advanced registered nurse practitioners whose
graduates, if they have the other necessary qualifications provided in this act, shall be eligible
to apply for certificates of qualification as advanced registered nurse practitioners. A survey
of the institution or school applying for accreditation of an educational and training program
for advanced registered nurse practitioners shall be made by an authorized employee of the
board or members of the board, who shall submit a written report of the survey to the board.
If, in the opinion of the board, the requirements as prescribed by the board in its rules and
regulations for accreditation are met, it shall so approve and accredit the program. From
time to time, as deemed necessary by the board, it shall cause to be made a resurvey of
accredited programs and written reports of such resurveys submitted to the board. If the
board determines that any accredited program is not maintaining the standards required by
this act and by rules and regulations prescribed by the board, notice thereof in writing,
specifying the failures of such program, shall be given. A program which fails to correct
such conditions to the satisfaction of the board within a reasonable time shall be removed
from the list of accredited programs until such time as the program shall comply with said
standards. All accredited programs shall maintain accurate and current records showing in
full the theoretical and practical courses given to each student.'';
And by renumbering sections accordingly;
On page 7, in line 37, after ``K.S.A.'' by inserting ``65-1133 and K.S.A.'';
In the title, in line 9, after ``K.S.A.'' by inserting ``65-1133 and K.S.A.''; and the substitute
bill be passed as amended.
HB 2700, as amended by House Committee, be amended on page 2, in line 14, by
striking all after ``(C)''; by striking all in lines 15 and 16 and inserting: ``an attempt to commit
any of the crimes enumerated herein, pursuant to K.S.A. 21-3301 and amendments thereto;
(D) a conspiracy to commit any of the crimes enumerated herein, pursuant to K.S.A. 21-
3302 and amendments thereto; or (E)'';
On page 5, in line 25, by striking all after ``(C)''; by striking all in line 26; in line 27, by
striking all before ``similar'' and inserting: ``an attempt to commit any of the crimes
enumerated herein, pursuant to K.S.A. 21-3301 and amendments thereto; (D) a conspiracy
to commit any of the crimes enumerated herein, pursuant to K.S.A. 21-3302 and
amendments thereto; or (E)''; and the bill be passed as amended.
HB 2755, as amended by House Committee, be amended on page 1, in line 25, after
the period, by inserting: ``A maternity center or child care facility that has had a license
suspended, revoked or denied by the secretary of health and environment or a family day
care home that has had a certificate of registration suspended, revoked or denied by the
secretary of health and environment shall notify in writing the parents or guardians of the
enrollees of the suspension, revocation or denial.''; and the bill be passed as amended.
Committee on Transportation and Tourism recommends HB 2768, as amended by
House Committee, be amended on page 1, in line 27, following the period, by inserting ``A
list of applications received shall be published bimonthly in the first and third issues of the
Kansas register, but in no case shall notice of the receipt of an application be published no
more than 30 days after the application is filed.'';
On page 4, in line 8, following the period, by inserting ``The corporation commission,
upon the filing of an application for a certificate, shall fix a time and place for hearing
thereon, which shall be not less than 20 and not more than 60 days after the filing and shall
be conducted in accordance with the provisions of the Kansas administrative procedure act.
Notices of hearings shall be published bimonthly in the first and third issues of the Kansas
register. Any person may offer testimony at such hearing.''; and the bill be passed as
amended.
Also, HB 2883, as amended by House Committee, be amended on page 1, in line 26, by
striking ``The failure'' and inserting ``Intentionally failing''; and the bill be passed as amended.
HB 2884, as amended by House Committee, be amended on page 6, following line 7,
by inserting the following section:
``Sec. 4. K.S.A. 1999 Supp. 8-237 is hereby amended to read as follows: 8-237. The
division of vehicles shall not issue any driver's license to any person:
(a) Who is under the age of 16 years, except that the division may issue a restricted
class C or M license, as provided in this act, to any person who: (1) Is at least 15 years of
age; (2) has successfully completed an approved course in driver training; (3) has held an
instructional permit issued under the provisions of K.S.A. 8-239, and amendments thereto,
for a period of at least six months and has completed at least 25 hours of adult supervised
driving; and (4) upon the written application of the person's parent or guardian. The required
adult supervised driving required in clause (3) above shall be conducted by an adult who is
at least 21 years of age and is the holder of a valid commercial driver's license, class A, B
or C driver's license. Except as hereafter provided, the application of the parent or guardian
shall be submitted to the division. The governing body of any city, by ordinance, may require
the application of any person who is under 16 years of age and who resides within the city
to be first submitted to the chief law enforcement officer of the city. The board of county
commissioners of any county, by resolution, may require the application of any person who
is under 16 years of age and who resides within the county and outside the corporate limits
of any city to be first submitted to the chief law enforcement officer of the county. No
ordinance or resolution authorized by this subsection shall become effective until a copy of
it is transmitted to the division of vehicles. The chief law enforcement officer of any city or
county which has adopted the ordinance or resolution authorized by this subsection shall
make a recommendation on the application as to the necessity for the issuance of the
restricted license, and the recommendation shall be transmitted, with the application, to
the division of vehicles. If the division finds that it is necessary to issue the restricted license,
it shall issue a driver's license to the person.
A restricted class C license issued under this subsection shall entitle the licensee, while
possessing the license, to operate any motor vehicle in class C, as designated in K.S.A. 8-
234b, and amendments thereto. A restricted class M license shall entitle the licensee, while
possessing such license, to operate a motorcycle. The restricted license shall entitle the
licensee to operate the appropriate vehicle at any time:
(1) While going to or from or in connection with any job, employment or farm-related
work;
(2) on days while school is in session, over the most direct and accessible route between
the licensee's residence and school of enrollment for the purposes of school attendance;
(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;
(3) (4) when the licensee is operating a passenger car, at any time when accompanied
by an adult who is the holder of a valid commercial driver's license, class A, B or C driver's
license and who is actually occupying a seat beside the driver; or
(4) (5) when the licensee is operating a motorcycle, at any time when accompanied by
an adult who is the holder of a valid class M driver's license and who is operating a
motorcycle in the general proximity of the licensee.
Any licensee issued a restricted license under this subsection shall not operate any motor
vehicle with nonsibling minor passengers and any conviction for violating this provision shall
be construed as a moving traffic violation for the purpose of K.S.A. 8-255, and amendments
thereto.
A restricted driver's license issued under this subsection is subject to suspension or
revocation in the same manner as any other driver's license. In addition, the division may
suspend the restricted driver's license upon receiving satisfactory evidence that: (1) The
licensee has violated the restriction of the license, (2) the licensee has been involved in two
or more accidents chargeable to the licensee or (3) the recommendation of the chief law
enforcement officer of any city or county requiring the recommendation has been
withdrawn. The suspended license shall not be reinstated for one year or until the licensee
reaches the age of 16, whichever period is longer.
Any licensee issued a restricted license under this subsection who: (1) Is under the age
of 16 years and is convicted of two or more moving traffic violations committed on separate
occasions shall not be eligible to receive a driver's license which is not restricted in
accordance with the provisions of this subsection until the person reaches 17 years of age;
or (2) fails to provide the required affidavit stating that the licensee has completed at least
50 hours of adult supervised driving with 10 of those hours being at night shall not be
eligible to receive a driver's license which is not restricted in accordance with the provisions
of this subsection until the person provides such affidavit to the division or the person
reaches 17 years of age, whichever occurs first.
Any licensee issued a restricted license under this subsection on and after July 1, 1999,
shall provide prior to reaching 16 years of age, a signed affidavit of either a parent or
guardian, stating that the applicant has completed the required 25 hours prior to being
issued a restricted license and 25 hours of additional adult supervised driving. Of the 50
hours required by this subsection, at least 10 of those hours shall be at night. The adult
supervised driving shall be conducted by an adult who is at least 21 years of age and is the
holder of a valid commercial driver's license, class A, B or C driver's license.
Evidence of failure of any licensee who was required to complete the 50 hours of adult
supervised driving under this subsection shall not be admissible in any action for the purpose
of determining any aspect of comparative negligence or mitigation of damages.
(b) Who is under the age of 18 years, except as provided in K.S.A. 1999 Supp. 8-2,147,
and amendments thereto, for the purpose of driving a commercial or class A or B motor
vehicle.
(c) Whose license is currently revoked, suspended or canceled in this or any other state,
except as provided in K.S.A. 8-256, and amendments thereto.
(d) Who is a habitual drunkard, habitual user of narcotic drugs or habitual user of any
other drug to a degree which renders the user incapable of safely driving a motor vehicle.
(e) Who has previously been adjudged to be afflicted with or suffering from any mental
disability or disease and who, at the time of making application for a driver's license, has
not been restored to capacity in the manner provided by law. Application of this limitation
to any person known to have suffered any seizure disorder is subject to the provisions of
paragraph (7) of subsection (e) of K.S.A. 8-247, and amendments thereto.
(f) Who is required by the motor vehicle drivers' license act to take an examination,
unless the person has successfully passed the examination.
(g) Who is at least 16 years of age and less than 17 years of age, who is applying for a
driver's license for the first time since reaching 16 years of age and who, three times or
more, has been adjudged to be a traffic offender under the Kansas juvenile code or a juvenile
offender under the Kansas juvenile justice code, by reason of violation of one or more
statutes regulating the movement of traffic on the roads, streets or highways of this state,
except that, in the discretion of the director, the person may be issued a driver's license
which is restricted in the manner the division deems to be appropriate. No person described
by this subsection shall be eligible to receive a driver's license which is not restricted until
the person has reached the age of 17 years.'';
Also on page 6, by renumbering Sec. 4. as Sec. 5.; following line 15, by inserting the
following:
``Sec. 6. K.S.A. 1999 Supp. 8-296 is hereby amended to read as follows: 8-296. (a) Any
person who is less than 16 years of age but is at least 14 years of age and who resides upon
a farm in this state or is employed for compensation upon a farm in this state may apply to
the division of vehicles for a farm permit authorizing such person, while possessing the
permit, to operate any motor vehicle in class C, as designated in K.S.A. 8-234b, and
amendments thereto. The farm permit shall entitle the licensee to operate such motor
vehicles at any time:
(1) While going to or from or in connection with any farm job, employment or other
farm-related work;
(2) on days while school is in session, over the most direct and accessible route between
the licensee's residence and school of enrollment for the purpose of school attendance; or
(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
(3) (4) when the licensee is operating a passenger car at any time when accompanied
by an adult who is the holder of a valid commercial driver's license, class A, B or C driver's
license and who is actually occupying a seat beside the driver.
(b) A farm permit shall be issued only if:
(1) The applicant can prove that such applicant resides or works on a farm;
(2) the applicant has successfully completed the examination requirements in K.S.A. 8-
235d, and amendments thereto; and
(3) the applicant submits the signed affidavit of either a parent or guardian, stating that
the applicant lives on a farm or, if the applicant does not live on a farm but works on a farm,
the applicant submits the signed affidavit of the applicant's employer and parent or guardian,
attesting to such employment.
(c) Any licensee issued a farm permit under this section shall not operate any motor
vehicle with nonsibling minor passengers and any conviction for violating this provision shall
be construed as a moving traffic violation for the purpose of K.S.A. 8-255, and amendments
thereto.
(d) As used in this section, ``farm'' means any parcel of land larger than 20 acres which
is used in agricultural operations.
(e) A farm permit issued under this section is subject to suspension or revocation in the
same manner as any other driver's license. A person who has been issued a farm permit and
who violates this section by driving beyond the scope allowed in subsection (a) shall lose
the farm permit and shall be issued no other driver's license for a period of one year or
until the person reaches 16 years of age, whichever period is longer.
(f) Any licensee issued a farm permit under this section on and after July 1, 1999, shall
provide prior to reaching 16 years of age, a signed affidavit of either a parent or guardian,
stating that the applicant has completed at least 50 hours of adult supervised driving with
at least 10 of those hours being at night. The adult supervised driving required by this
paragraph shall be conducted by an adult who is at least 21 years of age and is the holder
of a valid commercial driver's license, class A, B or C driver's license.
Evidence of failure of any licensee who was required to complete the 50 hours of adult
supervised driving under this subsection shall not be admissible in any action for the purpose
of determining any aspect of comparative negligence or mitigation of damages.
(g) Any licensee issued a farm permit under this section who: (1) Is under the age of
16 years and is convicted of two or more moving traffic violations committed on separate
occasions shall not be eligible to receive a driver's license which is not restricted in
accordance with the provisions of subsection (a), until the person reaches 17 years of age;
or (2) fails to provide the affidavit required under subsection (f), shall not be eligible to
receive a driver's license which is not restricted in accordance with the provisions of
subsection (a), until the person provides such affidavit to the division or the person reaches
17 years of age, whichever occurs first.'';
By renumbering the remaining sections accordingly;
On page 7, in line 2, by striking ``8-293'' and inserting ``8-237, 8-293, 8-296'';
In the title, in line 10, following ``ACT'' by inserting ``regulating vehicles;''; in line 11,
following the semicolon, by inserting ``concerning drivers' licenses;''; in line 12, by striking
``8-293'' and inserting ``8-327, 8-293, 8-296''; and the bill be passed as amended.
Committee on Ways and Means recommends SB 592 be amended, on page 1, in line
14 preceding ``The'' by inserting ``(a)''; in line 22, following ``Expenditures'', by inserting
``from bond proceeds''; in line 23, following ``exceed'' by inserting ``an aggregate of'';
following line 26, by inserting the following:
``(b) The adjutant general shall pursue local, state, federal and private funds to offset
expenditures from the state general fund for payment of principal and interest on bonds
issued to finance capital improvements for armories. Prior to the issuance of any bonds
authorized pursuant to this section for any such capital improvement project, the adjutant
general shall report to the state finance council concerning such project and such issuance.
The report shall specifically include information about the proposed utilization of bond
proceeds for any capital improvement project and the availability and use of other sources
including local, state, federal and private funds. No bonds shall be issued under this section
except upon approval by the state finance council. The approval of the issuance of bonds is
hereby characterized as a matter of legislative delegation and subject to the guidelines
prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto. Approval by the
state finance council may be given when the legislature is in session.
(c) Bonds authorized to be issued pursuant to this section shall not exceed (1) the
amount of $2,000,000 for the fiscal year ending June 30, 2001, (2) the amount of $2,000,000
for the fiscal year ending June 30, 2002, (3) the amount of $6,000,000 for the fiscal year
ending June 30, 2003, (4) the amount of $6,000,000 for the fiscal year ending June 30, 2004,
and (5) the amount of $6,000,000 for the fiscal year ending June 30, 2005.''; and the bill be
passed as amended.
Also SB 635 be amended on page 15, in line 7, after the stricken material by inserting
the following: ``A copy of all county budgets, properly attested, shall be filed with the Kansas
association of counties, along with a copy of the tax levy rate summary. A copy of all city
budgets, properly attested, shall be filed with the league of Kansas municipalities, along
with a copy of the tax levy rate summary.''; and the bill be passed as amended.
SB 645 be amended on page 4, in lines 20 and 23, after ``74-4950i'' by inserting ``, and
amendments thereto,''; in line 24, after the period by inserting ``Any net proceeds recovered
either by settlement or otherwise successful litigation by the system on and after January 1,
2000, pursuant to actions brought prior to January 1, 2000, to recover damages incurred by
the system related to investments made by the system and after application of such net
proceeds to pay the costs of implementing the provisions of section 4, and amendments
thereto, shall be used to finance the amount required to fund the actuarial accrued liability
of the state obligation for the postretirement benefit increase provided by K.S.A. 74-4950i,
and amendments thereto.'';
On page 9, in line 21, by striking ``fiscal year'' and inserting ``period commencing on April
1, 2000, and''; in line 22, after ``ending'' by inserting ``on'';
On page 11, after line 20, by inserting the following:
``New Sec. 4. (a) Each retirant who is entitled to receive a retirement benefit, pension
or annuity payment from a retirement system or who is a local school annuitant shall be
entitled to receive a retirant dividend payment as specified in this section. Such retirant
dividend payment shall be paid in addition to the amount of the annual retirement benefit,
pension or annuity payment to which the retirant is otherwise entitled and shall be paid in
the form of an additional payment which shall be made on October 1, 2000.
(b) Each such retirement dividend payment as provided in this section shall be payable
to the retirant in an amount equal to 50% of the retirement benefit payment such retirant
is entitled to receive on July 1, 2000.
(c) Each such retirant dividend payment shall be paid by the retirement system to the
retirant and the local school annuitant and shall be payable from any net proceeds recovered
either by settlement or otherwise successful litigation by the retirement system on or after
January 1, 2000, pursuant to actions brought prior to January 1, 2000, to recover damages
incurred by the retirement system related to investments made by the retirement system.
(d) As used in this section:
(1) ``Retirant'' means (A) any person who is a member of a retirement system and who
retired prior to July 1, 1999, (B) any person who is a special member of a retirement system
and who retired prior to July 1, 1999, and (C) any person who is a joint annuitant or
beneficiary of any member described in clause (A) or any special member described in
clause (B).
(2) ``Retirement system'' means the Kansas public employees retirement system, the
Kansas police and firemen's retirement system, the state school retirement system and the
retirement system for judges.
(3) ``Local school annuitant'' means (A) any person who is an annuitant with 10 or more
years of service, who is receiving an annuity, whose annuity is not included, in whole or in
part, in payments made to such school district under K.S.A. 72-5512b and amendments
thereto, and who is not a member of a group I or of group II as defined in K.S.A. 72-5518
and amendments thereto, and (B) any person who is receiving an annuity and who retired
prior to September 1, 1981.'';
And by renumbering sections 4 and 5 as sections 5 and 6;
On page 1, in the title, in line 11, after the semicolon, by inserting ``application of certain
amounts recovered by the system, postretirement benefit payment and unfunded liability;'';
and the bill be passed as amended.
SB 660 be amended on page 1, in line 31, by striking ``the un-''; in line 32, by striking
all before ``and'' and inserting: ``moneys in the state general fund certified by the state
treasurer to the board of trustees as being equivalent to the aggregate net receipts from
unclaimed property''; in line 33, by striking ``the fund'' where it appears for the first time,
and inserting ``such moneys''; also in line 33, after ``the'' where it appears for the last time,
by inserting ``state general''; in line 34, after ``reinvest'' by inserting ``such''; also in line 34,
by striking ``in the fund''; in line 35, by striking ``the fund'' and inserting ``such moneys''; in
line 38, by striking ``in the fund'' and inserting ``specified in subsection (a)''; in line 39, by
striking ``the fund'' and inserting ``such moneys''; in line 41, after ``No'' by inserting ``such'';
also in line 41, by striking ``in the fund'';
On page 2, in line 1, by striking ``in the fund'' and inserting ``specified in subsection (a)'';
in line 2, by striking ``fund'' and inserting ``moneys''; in line 7, by striking ``fund'' and inserting
``moneys''; in line 10, by striking ``funds'' and inserting ``moneys''; in line 15, before ``moneys''
by inserting ``such''; also in line 15, by striking ``in the fund''; in line 35, before ``moneys''
by inserting ``such''; also in line 35, by striking ``in the fund''; in line 36, by striking ``fund''
and inserting ``moneys'';
On page 3, in line 7, by striking ``(1)''; in line 8, by striking ``money and securities of the
fund'' and inserting ``such moneys''; in line 10, by striking ``money and securities'' and
inserting ``moneys''; in line 14, after the period, by inserting: ``All such moneys shall be
considered moneys in the state treasury for purposes of K.S.A. 75-6704 and amendments
thereto.''; by striking all in lines 15 through 27; in line 28, by striking ``in''; in line 29, by
striking ``the fund'' and inserting ``invested under this section''; in line 35, by striking ``fund''
and inserting ``moneys invested under this section''; in line 38, by striking ``fund'' and
inserting ``moneys''; in line 39, by striking ``assets of the fund'' and inserting ``such moneys'';
in line 42, by striking ``the assets of the fund'' and inserting ``such moneys'';
On page 4, in line 3, by striking ``the fund'' and inserting ``such moneys''; by striking all
in line 7; and the bill be passed as amended.
REPORT ON ENROLLED BILLS
SB 500, 564 reported correctly enrolled, properly signed and presented to the Governor
on March 21, 2000.
SCR 1630 reported correctly enrolled, properly signed and presented to the Secretary
of State on March 21, 2000.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Wednesday, March
22, 2000.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.