April 29, 2000
Journal of the Senate
SIXTY-FIFTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Saturday, April 29, 2000--10:00 a.m. |
The Senate was called to order by President Dick Bond.
The roll was called with forty senators present.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
We had hoped to finish yesterday,
But again back here are we,
Trying to find some common ground
On which we can agree.
None of us get all we want;
We just get an increment.
That's the way the system works,
What makes us different.
We give a little to get a little,
And hope we gain some ground;
Believing that what's best will win
In the final round.
Oh, we could get through quicker;
Just give one man the power.
Instead of taking weeks and months,
We'd be out of here in hours.
But this nation found its greatness
When all the founders had agreed
The Book of Proverbs had it right:
``With many advisers they succeed.'' (Prov.15:22)
It is quicker and more efficient
For one man to make the laws.
But the result has always been
A government with many flaws.
Remind us when we get impatient
With the way we operate. . . .
It's not Cuba or North Korea
Where people immigrate.
I pray in Jesus' Name,
AMEN
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bill and resolution were referred to Committee as indicated:
Committee of the Whole: SR 1862; HB 3054.
MESSAGE FROM THE HOUSE
Announcing, the House adopts the conference committee report on House Substitute
for SB 323.
The House adopts the conference committee report on SB 447.
The House adopts the conference committee report on SB 481.
CHANGE OF CONFERENCE
The President announced the appointment of Senators Steffes and Hensley as additional
members of the Conference Committee on S Sub for HB 2559.
ORIGINAL MOTION
Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House
of Representatives be suspended for the purpose of considering the following bills: H Sub
for SB 323; SB 447, 481; Sub HB 2013; S Sub for Sub HB 2864.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to HOUSE Substitute for SB 323, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:
On page 1, by striking all in lines 19 through 43;
By striking all on pages 2 through 35 and inserting new material to read as follows:
``Section 1. K.S.A. 21-4602 is hereby amended to read as follows: 21-4602. As used in
K.S.A. 21-4601 through 21-4621, and amendments thereto:
(a) ``Court'' means any court having jurisdiction and power to sentence offenders for
violations of the laws of this state.
(b) ``Suspension of sentence'' means a procedure under which a defendant, found guilty
of a crime, upon verdict or plea, is released by the court without imposition of sentence.
The release may be with or without supervision in the discretion of the court. In felony
cases, the court may include confinement in a county jail not to exceed 30 60 days, which
need not be served consecutively, as a condition of suspension of sentence pursuant to
subsection (b)(4) of K.S.A. 21-4603 and amendments thereto.
(c) ``Probation'' means a procedure under which a defendant, found guilty of a crime
upon verdict or plea, is released by the court after imposition of sentence, without
imprisonment except as provided in felony cases, subject to conditions imposed by the court
and subject to the supervision of the probation service of the court or community
corrections. In felony cases, the court may include confinement in a county jail not to exceed
30 60 days, which need not be served consecutively, as a condition of an original probation
sentence and up to 60 days in a county jail upon each revocation of the probation sentence
pursuant to subsection (b)(3) of K.S.A. 21-4603 and amendments thereto.
(d) ``Parole'' means the release of a prisoner to the community by the Kansas parole board
prior to the expiration of such prisoner's term, subject to conditions imposed by the board
and to the secretary of correction's supervision. Parole also means the release by a court of
competent jurisdiction of a person confined in the county jail or other local place of
detention after conviction and prior to expiration of such person's term, subject to conditions
imposed by the court and its supervision. Where a court or other authority has filed a warrant
against the prisoner, the Kansas parole board or paroling court may release the prisoner on
parole to answer the warrant of such court or authority.
(e) ``Correctional institution'' means the Lansing correctional facility, Hutchinson
correctional facility, Topeka correctional facility, Norton correctional facility, Ellsworth
correctional facility, Winfield correctional facility, Osawatomie correctional facility, Larned
correctional mental health facility, Toronto correctional work facility, Stockton correctional
facility, Wichita work release facility, El Dorado correctional facility, and any other
correctional institution established by the state for the confinement of offenders, and under
control of the secretary of corrections.
(f) ``Community correctional services program'' means a program which operates under
the community corrections act and to which a defendant is assigned for supervision,
confinement, detention, care or treatment, subject to conditions imposed by the court. A
defendant assigned to a community correctional services program shall be subject to the
continuing jurisdiction of the court and in no event shall be considered to be in the custody
of or under the supervision of the secretary of corrections.
(g) ``Postrelease supervision,'' for crimes committed on or after July 1, 1993, means the
same as provided in K.S.A. 21-4703 and amendments thereto.
Sec. 2. K.S.A. 1999 Supp. 21-4603 is hereby amended to read as follows: 21-4603. (a)
Whenever any person has been found guilty of a crime and the court finds that an adequate
presentence investigation cannot be conducted by resources available within the judicial
district, including mental health centers and mental health clinics, the court may require
that a presentence investigation be conducted by the Topeka correctional facility or by the
state security hospital. If the offender is sent to the Topeka correctional facility or the state
security hospital for a presentence investigation under this section, the correctional facility
or hospital may keep the offender confined for a maximum of 60 days, except that an inmate
may be held for a longer period of time on order of the secretary, or until the court calls
for the return of the offender. While held at the Topeka correctional facility or the state
security hospital the defendant may be treated the same as any person committed to the
secretary of corrections or secretary of social and rehabilitation services for purposes of
maintaining security and control, discipline, and emergency medical or psychiatric
treatment, and general population management except that no such person shall be
transferred out of the state or to a federal institution or to any other location unless the
transfer is between the correctional facility and the state security hospital. The correctional
facility or the state security hospital shall compile a complete mental and physical evaluation
of such offender and shall make its findings and recommendations known to the court in
the presentence report.
(b) Except as provided in subsection (c), whenever any person has been found guilty of
a crime, the court may adjudge any of the following:
(1) Commit the defendant to the custody of the secretary of corrections or, if confinement
is for a term less than one year, to jail for the term provided by law;
(2) impose the fine applicable to the offense;
(3) release the defendant on probation subject to such conditions as the court may deem
appropriate, including orders requiring full or partial restitution. In felony cases, the court
may include confinement in a county jail not to exceed 30 60 days, which need not be served
consecutively, as a condition of an original probation sentence and up to 60 days in a county
jail upon each revocation of the probation sentence;
(4) suspend the imposition of the sentence subject to such conditions as the court may
deem appropriate, including orders requiring full or partial restitution. In felony cases, the
court may include confinement in a county jail not to exceed 30 60 days, which need not
be served consecutively, as a condition of suspension of sentence;
(5) assign the defendant to a community correctional services program subject to the
provisions of K.S.A. 75-5291, and amendments thereto, and such conditions as the court
may deem appropriate, including orders requiring full or partial restitution;
(6) assign the defendant to a conservation camp for a period not to exceed six months;
(7) assign the defendant to a house arrest program pursuant to K.S.A. 21-4603b and
amendments thereto;
(8) order the defendant to attend and satisfactorily complete an alcohol or drug education
or training program as provided by subsection (3) of K.S.A. 21-4502 and amendments
thereto;
(9) order the defendant to pay the administrative fee authorized by K.S.A. 1999 Supp.
22-4529 and amendments thereto, unless waived by the court; or
(10) impose any appropriate combination of subsections (b)(1) through (b)(9).
In addition to or in lieu of any of the above, the court shall order the defendant to submit
to and complete an alcohol and drug evaluation, and pay a fee therefor, when required by
subsection (4) of K.S.A. 21-4502 and amendments thereto.
In addition to any of the above, the court shall order the defendant to reimburse the state
general fund for all or a part of the expenditures by the state board of indigents' defense
services to provide counsel and other defense services to the defendant. In determining the
amount and method of payment of such sum, the court shall take account of the financial
resources of the defendant and the nature of the burden that payment of such sum will
impose. A defendant who has been required to pay such sum and who is not willfully in
default in the payment thereof may at any time petition the court which sentenced the
defendant to waive payment of such sum or any unpaid portion thereof. If it appears to the
satisfaction of the court that payment of the amount due will impose manifest hardship on
the defendant or the defendant's immediate family, the court may waive payment of all or
part of the amount due or modify the method of payment. The amount of attorney fees to
be included in the court order for reimbursement shall be the amount claimed by appointed
counsel on the payment voucher for indigents' defense services or the amount prescribed
by the board of indigents' defense services reimbursement tables as provided in K.S.A. 22-
4522, and amendments thereto, whichever is less.
In imposing a fine the court may authorize the payment thereof in installments. In
releasing a defendant on probation, the court shall direct that the defendant be under the
supervision of a court services officer. If the court commits the defendant to the custody of
the secretary of corrections or to jail, the court may specify in its order the amount of
restitution to be paid and the person to whom it shall be paid if restitution is later ordered
as a condition of parole or conditional release.
The court in committing a defendant to the custody of the secretary of corrections shall
fix a maximum term of confinement within the limits provided by law. In those cases where
the law does not fix a maximum term of confinement for the crime for which the defendant
was convicted, the court shall fix the maximum term of such confinement. In all cases where
the defendant is committed to the custody of the secretary of corrections, the court shall
fix the minimum term within the limits provided by law.
(c) Whenever any juvenile felon, as defined in K.S.A. 38-16,112, prior to its repeal, has
been found guilty of a class A or B felony, the court shall commit the defendant to the
custody of the secretary of corrections and may impose the fine applicable to the offense.
(d) (1) Except when an appeal is taken and determined adversely to the defendant as
provided in subsection (d)(2), at any time within 120 days after a sentence is imposed, after
probation or assignment to a community correctional services program has been revoked,
the court may modify such sentence, revocation of probation or assignment to a community
correctional services program by directing that a less severe penalty be imposed in lieu of
that originally adjudged within statutory limits and shall modify such sentence if
recommended by the Topeka correctional facility unless the court finds and sets forth with
particularity the reasons for finding that the safety of members of the public will be
jeopardized or that the welfare of the inmate will not be served by such modification.
(2) If an appeal is taken and determined adversely to the defendant, such sentence may
be modified within 120 days after the receipt by the clerk of the district court of the mandate
from the supreme court or court of appeals.
(e) The court shall modify the sentence at any time before the expiration thereof when
such modification is recommended by the secretary of corrections unless the court finds
and sets forth with particularity the reasons for finding that the safety of members of the
public will be jeopardized or that the welfare of the inmate will not be served by such
modification. The court shall have the power to impose a less severe penalty upon the
inmate, including the power to reduce the minimum below the statutory limit on the
minimum term prescribed for the crime of which the inmate has been convicted. The
recommendation of the secretary of corrections, the hearing on the recommendation and
the order of modification shall be made in open court. Notice of the recommendation of
modification of sentence and the time and place of the hearing thereon shall be given by
the inmate, or by the inmate's legal counsel, at least 21 days prior to the hearing to the
county or district attorney of the county where the inmate was convicted. After receipt of
such notice and at least 14 days prior to the hearing, the county or district attorney shall
give notice of the recommendation of modification of sentence and the time and place of
the hearing thereon to any victim of the inmate's crime who is alive and whose address is
known to the county or district attorney or, if the victim is deceased, to the victim's next of
kin if the next of kin's address is known to the county or district attorney. Proof of service
of each notice required to be given by this subsection shall be filed with the court.
(f) After such defendant has been assigned to a conservation camp but prior to the end
of 180 days, the chief administrator of such camp shall file a performance report and
recommendations with the court. The court shall enter an order based on such report and
recommendations modifying the sentence, if appropriate, by sentencing the defendant to
any of the authorized dispositions provided in subsection (b), except to reassign such person
to a conservation camp as provided in subsection (b)(6).
(g) Dispositions which do not involve commitment to the custody of the secretary of
corrections and commitments which are revoked within 120 days shall not entail the loss by
the defendant of any civil rights. Placement of offenders pursuant to subsection (b)(6) in a
conservation camp established by the secretary of corrections shall not entail the loss by the
defendant of any civil rights.
(h) This section shall not deprive the court of any authority conferred by any other Kansas
statute to decree a forfeiture of property, suspend or cancel a license, remove a person from
office, or impose any other civil penalty as a result of conviction of crime.
(i) An application for or acceptance of probation, suspended sentence or assignment to a
community correctional services program shall not constitute an acquiescence in the
judgment for purpose of appeal, and any convicted person may appeal from such conviction,
as provided by law, without regard to whether such person has applied for probation,
suspended sentence or assignment to a community correctional services program.
(j) When it is provided by law that a person shall be sentenced pursuant to K.S.A. 21-
4628, and amendments thereto, the provisions of this section shall not apply.
(k) The provisions of this section shall apply to crimes committed before July 1, 1993.
Sec. 3. K.S.A. 1999 Supp. 21-4603d is hereby amended to read as follows: 21-4603d. (a)
Whenever any person has been found guilty of a crime, the court may adjudge any of the
following:
(1) Commit the defendant to the custody of the secretary of corrections if the current
crime of conviction is a felony and the sentence presumes imprisonment, or the sentence
imposed is a dispositional departure to imprisonment; or, if confinement is for a
misdemeanor, to jail for the term provided by law;
(2) impose the fine applicable to the offense;
(3) release the defendant on probation if the current crime of conviction and criminal
history fall within a presumptive nonprison category or through a departure for substantial
and compelling reasons subject to such conditions as the court may deem appropriate. In
felony cases except for violations of K.S.A. 8-1567 and amendments thereto, the court may
include confinement in a county jail not to exceed 30 60 days, which need not be served
consecutively, as a condition of an original probation sentence and up to 60 days in a county
jail upon each revocation of the probation sentence, or community corrections placement;
(4) assign the defendant to a community correctional services program in presumptive
nonprison cases as provided in K.S.A. 75-5291, and amendments thereto, or through a
departure for substantial and compelling reasons subject to such conditions as the court
may deem appropriate, including orders requiring full or partial restitution;
(5) assign the defendant to a conservation camp for a period not to exceed six months as
a condition of probation followed by a six-month period of follow-up through adult intensive
supervision by a community correctional services program, if the offender successfully
completes the conservation camp program;
(6) assign the defendant to a house arrest program pursuant to K.S.A. 21-4603b and
amendments thereto;
(7) order the defendant to attend and satisfactorily complete an alcohol or drug education
or training program as provided by subsection (3) of K.S.A. 21-4502 and amendments
thereto;
(8) order the defendant to repay the amount of any reward paid by any crime stoppers
chapter, individual, corporation or public entity which materially aided in the apprehension
or conviction of the defendant; repay the amount of any costs and expenses incurred by any
law enforcement agency in the apprehension of the defendant, if one of the current crimes
of conviction of the defendant includes escape, as defined in K.S.A. 21-3809 and
amendments thereto or aggravated escape, as defined in K.S.A. 21-3810 and amendments
thereto; or repay the amount of any public funds utilized by a law enforcement agency to
purchase controlled substances from the defendant during the investigation which leads to
the defendant's conviction. Such repayment of the amount of any such costs and expenses
incurred by a law enforcement agency or any public funds utilized by a law enforcement
agency shall be deposited and credited to the same fund from which the public funds were
credited to prior to use by the law enforcement agency;
(9) order the defendant to pay the administrative fee authorized by K.S.A. 1999 Supp.
22-4529 and amendments thereto, unless waived by the court;
(10) impose any appropriate combination of (1), (2), (3), (4), (5), (6), (7), (8) and (9); or
(11) suspend imposition of sentence in misdemeanor cases.
In addition to or in lieu of any of the above, the court shall order the defendant to pay
restitution, which shall include, but not be limited to, damage or loss caused by the
defendant's crime, unless the court finds compelling circumstances which would render a
plan of restitution unworkable. If the court finds a plan of restitution unworkable, the court
shall state on the record in detail the reasons therefor.
If the court orders restitution, the restitution shall be a judgment against the defendant
which may be collected by the court by garnishment or other execution as on judgments in
civil cases. If, after 60 days from the date restitution is ordered by the court, a defendant is
found to be in noncompliance with the plan established by the court for payment of
restitution, and the victim to whom restitution is ordered paid has not initiated proceedings
in accordance with K.S.A. 60-4301 et seq. and amendments thereto, the court shall assign
an agent procured by the attorney general pursuant to K.S.A. 75-719 and amendments
thereto to collect the restitution on behalf of the victim. The administrative judge of each
judicial district may assign such cases to an appropriate division of the court for the conduct
of civil collection proceedings.
In addition to or in lieu of any of the above, the court shall order the defendant to submit
to and complete an alcohol and drug evaluation, and pay a fee therefor, when required by
subsection (4) of K.S.A. 21-4502 and amendments thereto.
In addition to any of the above, the court shall order the defendant to reimburse the
county general fund for all or a part of the expenditures by the county to provide counsel
and other defense services to the defendant. Any such reimbursement to the county shall
be paid only after any order for restitution has been paid in full. In determining the amount
and method of payment of such sum, the court shall take account of the financial resources
of the defendant and the nature of the burden that payment of such sum will impose. A
defendant who has been required to pay such sum and who is not willfully in default in the
payment thereof may at any time petition the court which sentenced the defendant to waive
payment of such sum or any unpaid portion thereof. If it appears to the satisfaction of the
court that payment of the amount due will impose manifest hardship on the defendant or
the defendant's immediate family, the court may waive payment of all or part of the amount
due or modify the method of payment.
In imposing a fine the court may authorize the payment thereof in installments. In
releasing a defendant on probation, the court shall direct that the defendant be under the
supervision of a court services officer. If the court commits the defendant to the custody of
the secretary of corrections or to jail, the court may specify in its order the amount of
restitution to be paid and the person to whom it shall be paid if restitution is later ordered
as a condition of parole or conditional release.
When a new felony is committed while the offender is incarcerated and serving a sentence
for a felony or while the offender is on probation, assignment to a community correctional
services program, parole, conditional release, or postrelease supervision for a felony, a new
sentence shall be imposed pursuant to the consecutive sentencing requirements of K.S.A.
21-4608, and amendments thereto, and the court may sentence the offender to
imprisonment for the new conviction, even when the new crime of conviction otherwise
presumes a nonprison sentence. In this event, imposition of a prison sentence for the new
crime does not constitute a departure. When a new felony is committed while the offender
is on release for a felony pursuant to the provisions of article 28 of chapter 22 of the Kansas
Statutes Annotated, a new sentence may be imposed pursuant to the consecutive sentencing
requirements of K.S.A. 21-4608 and amendments thereto, and the court may sentence the
offender to imprisonment for the new conviction, even when the new crime of conviction
otherwise presumes a nonprison sentence. In this event, imposition of a prison sentence for
the new crime does not constitute a departure.
Prior to imposing a dispositional departure for a defendant whose offense is classified in
the presumptive nonprison grid block of either sentencing guideline grid, prior to sentencing
a defendant to incarceration whose offense is classified in grid blocks 5-H, 5-I or 6-G of the
sentencing guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-
E or 4-F of the sentencing guidelines grid for drug crimes, or prior to revocation of a
nonprison sanction of a defendant whose offense is classified in the presumptive nonprison
grid block of either sentencing guideline grid or grid blocks 5-H, 5-I or 6-G of the sentencing
guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E or 4-F of
the sentencing guidelines grid for drug crimes, the court shall consider placement of the
defendant in the Labette correctional conservation camp, conservation camps established
by the secretary of corrections pursuant to K.S.A. 75-52,127, and amendment thereto or a
community intermediate sanction center. Pursuant to this paragraph the defendant shall not
be sentenced to imprisonment if space is available in a conservation camp or a community
intermediate sanction center and the defendant meets all of the conservation camp's or a
community intermediate sanction center's placement criteria unless the court states on the
record the reasons for not placing the defendant in a conservation camp or a community
intermediate sanction center.
The court in committing a defendant to the custody of the secretary of corrections shall
fix a term of confinement within the limits provided by law. In those cases where the law
does not fix a term of confinement for the crime for which the defendant was convicted,
the court shall fix the term of such confinement.
In addition to any of the above, the court shall order the defendant to reimburse the state
general fund for all or a part of the expenditures by the state board of indigents' defense
services to provide counsel and other defense services to the defendant. In determining the
amount and method of payment of such sum, the court shall take account of the financial
resources of the defendant and the nature of the burden that payment of such sum will
impose. A defendant who has been required to pay such sum and who is not willfully in
default in the payment thereof may at any time petition the court which sentenced the
defendant to waive payment of such sum or any unpaid portion thereof. If it appears to the
satisfaction of the court that payment of the amount due will impose manifest hardship on
the defendant or the defendant's immediate family, the court may waive payment of all or
part of the amount due or modify the method of payment. The amount of attorney fees to
be included in the court order for reimbursement shall be the amount claimed by appointed
counsel on the payment voucher for indigents' defense services or the amount prescribed
by the board of indigents' defense services reimbursement tables as provided in K.S.A. 22-
4522, and amendments thereto, whichever is less.
(b) Dispositions which do not involve commitment to the custody of the secretary of
corrections shall not entail the loss by the defendant of any civil rights. Placement of
offenders in a conservation camp established by the secretary of corrections pursuant to
K.S.A. 75-52,127, and amendments thereto, as a nonimprisonment disposition shall not
entail the loss by the defendant of any civil rights.
(c) This section shall not deprive the court of any authority conferred by any other Kansas
statute to decree a forfeiture of property, suspend or cancel a license, remove a person from
office, or impose any other civil penalty as a result of conviction of crime.
(d) An application for or acceptance of probation or assignment to a community
correctional services program shall not constitute an acquiescence in the judgment for
purpose of appeal, and any convicted person may appeal from such conviction, as provided
by law, without regard to whether such person has applied for probation, suspended
sentence or assignment to a community correctional services program.
(e) The secretary of corrections is authorized to make direct placement to the Labette
correctional conservation camp or a conservation camp established by the secretary pursuant
to K.S.A. 75-52,127, and amendments thereto, of an inmate sentenced to the secretary's
custody if the inmate: (1) Has been sentenced to the secretary for a probation revocation,
as a departure from the presumptive nonimprisonment grid block of either sentencing grid,
or for an offense which is classified in grid blocks 5-H, 5-I, or 6-G of the sentencing
guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E, or 4-F of
the sentencing guidelines grid for drug crimes; and (2) otherwise meets admission criteria
of the camp. If the inmate successfully completes the six-month a conservation camp
program, the secretary of corrections shall report such completion to the sentencing court
and the county or district attorney. The inmate shall then be assigned by the court to six
months of follow-up supervision conducted by the appropriate community corrections
services program. The court may also order that supervision continue thereafter for the
length of time authorized by K.S.A. 21-4611 and amendments thereto.
(f) When it is provided by law that a person shall be sentenced pursuant to K.S.A. 1993
Supp. 21-4628, prior to its repeal, the provisions of this section shall not apply.
Sec. 4. K.S.A. 21-4606b is hereby amended to read as follows: 21-4606b. (a) If probation
is not granted pursuant to K.S.A. 21-4606a, and amendments thereto, subject to the
provisions of K.S.A. 75-5291, and amendments thereto, the presumptive sentence for a
person convicted of a class D or E felony shall be assignment to a community correctional
services program on terms the court determines.
(b) In determining whether to impose the presumptive sentence provided by this section,
the court shall consider whether any of the following aggravating circumstances existed:
(1) Whether the crime is a felony violation of the uniform controlled substances act or
an attempt to commit such an offense;
(2) whether the crime is a crime specified in article 34, 35 or 36 of chapter 21 of the
Kansas Statutes Annotated or an attempt to commit such an offense; or
(3) any prior record of the person's having been convicted of a felony or having been
adjudicated to have committed, while a juvenile, an offense which would constitute a felony
if committed by an adult.
(c) The provisions of this section shall not apply to crimes committed on or after July 1,
1993.
Sec. 5. K.S.A. 1999 Supp. 21-4610 is hereby amended to read as follows: 21-4610. (a)
Except as required by this subsection and subsection (d), nothing in this section shall be
construed to limit the authority of the court to impose or modify any general or specific
conditions of probation, suspension of sentence or assignment to a community correctional
services program, except that the court shall condition any order granting probation,
suspension of sentence or assignment to a community correctional services program on the
defendant's obedience of the laws of the United States, the state of Kansas and any other
jurisdiction to the laws of which the defendant may be subject. The provisions of K.S.A. 75-
5291, and amendments thereto, shall be applicable to any assignment to a community
correctional services program pursuant to this section.
(b) The court services officer or community correctional services officer may recommend,
and the court may order, the imposition of any conditions of probation, suspension of
sentence or assignment to a community correctional services program. For crimes
committed on or after July 1, 1993, in presumptive nonprison cases, the court services officer
or community correctional services officer may recommend, and the court may order, the
imposition of any conditions of probation or assignment to a community correctional services
program. The court may at any time order the modification of such conditions, after notice
to the court services officer or community correctional services officer and an opportunity
for such officer to be heard thereon. The court shall cause a copy of any such order to be
delivered to the court services officer and the probationer or to the community correctional
services officer and the community corrections participant, as the case may be. The
provisions of K.S.A. 75-5291, and amendments thereto, shall be applicable to any assignment
to a community correctional services program pursuant to this section.
(c) The court may impose any conditions of probation, suspension of sentence or
assignment to a community correctional services program that the court deems proper,
including but not limited to requiring that the defendant:
(1) Avoid such injurious or vicious habits, as directed by the court, court services officer
or community correctional services officer;
(2) avoid such persons or places of disreputable or harmful character, as directed by the
court, court services officer or community correctional services officer;
(3) report to the court services officer or community correctional services officer as
directed;
(4) permit the court services officer or community correctional services officer to visit the
defendant at home or elsewhere;
(5) work faithfully at suitable employment insofar as possible;
(6) remain within the state unless the court grants permission to leave;
(7) pay a fine or costs, applicable to the offense, in one or several sums and in the manner
as directed by the court;
(8) support the defendant's dependents;
(9) reside in a residential facility located in the community and participate in educational,
counseling, work and other correctional or rehabilitative programs;
(10) perform community or public service work for local governmental agencies, private
corporations organized not for profit, or charitable or social service organizations performing
services for the community;
(11) perform services under a system of day fines whereby the defendant is required to
satisfy fines, costs or reparation or restitution obligations by performing services for a period
of days determined by the court on the basis of ability to pay, standard of living, support
obligations and other factors;
(12) participate in a house arrest program pursuant to K.S.A. 21-4603b, and amendments
thereto;
(13) order the defendant to pay the administrative fee authorized by K.S.A. 1999 Supp.
22-4529 and amendments thereto, unless waived by the court; or
(14) in felony cases, except for violations of K.S.A. 8-1567 and amendments thereto, be
confined in a county jail not to exceed 30 60 days, which need not be served consecutively.
(d) In addition to any other conditions of probation, suspension of sentence or assignment
to a community correctional services program, the court shall order the defendant to comply
with each of the following conditions:
(1) Make reparation or restitution to the aggrieved party for the damage or loss caused
by the defendant's crime, in an amount and manner determined by the court and to the
person specified by the court, unless the court finds compelling circumstances which would
render a plan of restitution unworkable. If the court finds a plan of restitution unworkable,
the court shall state on the record in detail the reasons therefor;
(2) pay the probation or community correctional services fee pursuant to K.S.A. 21-4610a,
and amendments thereto; and
(3) reimburse the state general fund for all or a part of the expenditures by the state
board of indigents' defense services to provide counsel and other defense services to the
defendant. In determining the amount and method of payment of such sum, the court shall
take account of the financial resources of the defendant and the nature of the burden that
payment of such sum will impose. A defendant who has been required to pay such sum and
who is not willfully in default in the payment thereof may at any time petition the court
which sentenced the defendant to waive payment of such sum or of any unpaid portion
thereof. If it appears to the satisfaction of the court that payment of the amount due will
impose manifest hardship on the defendant or the defendant's immediate family, the court
may waive payment of all or part of the amount due or modify the method of payment. The
amount of attorney fees to be included in the court order for reimbursement shall be the
amount claimed by appointed counsel on the payment voucher for indigents' defense
services or the amount prescribed by the board of indigents' defense services reimbursement
tables as provided in K.S.A. 22-4522, and amendments thereto, whichever is less.
Sec. 6. K.S.A. 1999 Supp. 21-4611 is hereby amended to read as follows: 21-4611. (a)
The period of suspension of sentence, probation or assignment to community corrections
fixed by the court shall not exceed five years in felony cases involving crimes committed
prior to July 1, 1993, or two years in misdemeanor cases, subject to renewal and extension
for additional fixed periods not exceeding five years in such felony cases, nor two years in
misdemeanor cases. In no event shall the total period of probation, suspension of sentence
or assignment to community corrections for a felony committed prior to July 1, 1993, exceed
the greatest maximum term provided by law for the crime, except that where the defendant
is convicted of nonsupport of a child, the period may be continued as long as the
responsibility for support continues. Probation, suspension of sentence or assignment to
community corrections may be terminated by the court at any time and upon such
termination or upon termination by expiration of the term of probation, suspension of
sentence or assignment to community corrections, an order to this effect shall be entered
by the court. The provisions of K.S.A. 75-5291, and amendments thereto, shall be applicable
to any assignment to a community correctional services program pursuant to this section.
(b) The district court having jurisdiction of the offender may parole any misdemeanant
sentenced to confinement in the county jail. The period of such parole shall be fixed by the
court and shall not exceed two years and shall be terminated in the manner provided for
termination of suspended sentence and probation.
(c) For all crimes committed on or after July 1, 1993, the recommended duration of
probation in all felony cases sentenced for the following severity levels on the sentencing
guidelines grid for nondrug crimes and the sentencing guidelines grid for drug crimes is as
follows:
(1) For nondrug crimes the recommended duration of probations is:
(A) Thirty-six months for crimes in crime severity levels 1 through 5; and
(B) 24 months for crimes in crime severity levels 6 through 10 and 7; and.
(2) For drug crimes:
(A) Thirty-six the recommended duration of probation is 36 months for crimes in crime
severity levels 1 through 3 and 2; and.
(B) 24 months for crimes in crime severity level 4.
(3) In felony cases sentenced at severity levels 9 and 10 on the sentencing guidelines grid
for nondrug crimes and severity level 4 on the sentencing guidelines grid for drug crimes, if
a nonprison sanction is imposed, the court shall order the defendant to serve a period of
probation, or assignment to a community correctional services program as provided under
K.S.A. 75-5291 et seq., and amendments thereto, of up to 12 months in length.
(4) In felony cases sentenced at severity level 8 on the sentencing guidelines grid for
nondrug crimes and severity level 3 on the sentencing guidelines grid for drug crimes, if a
nonprison sanction is imposed, the court shall order the defendant to serve a period of
probation, or assignment to a community correctional services program, as provided under
K.S.A. 75-5291 et seq., and amendments thereto, of up to 18 months in length.
(5) If the court finds and sets forth with particularity the reasons for finding that the
safety of the members of the public will be jeopardized or that the welfare of the inmate will
not be served by the length of the probation terms provided in subsections (c)(3) and (c)(4),
the court may impose a longer period of probation. Such an increase shall not be considered
a departure and shall not be subject to appeal.
(6) Except as provided in subsections (c)(4) and (c)(5) (c)(7) and (c)(8), the total period
in all cases shall not exceed 60 months, or the maximum period of the prison sentence that
could be imposed whichever is longer. Nonprison sentences may be terminated by the court
at any time.
(4) (7) If the defendant is convicted of nonsupport of a child, the period may be continued
as long as the responsibility for support continues. If the defendant is ordered to pay full or
partial restitution, the period may be continued as long as the amount of restitution ordered
has not been paid.
(5) (8) The court may modify or extend the offender's period of supervision, pursuant to
a modification hearing and a judicial finding of necessity. Such extensions may be made for
a maximum period of five years or the maximum period of the prison sentence that could
be imposed, whichever is longer, inclusive of the original supervision term.
(d) The provisions of subsection (c), as amended by this act, shall be applied retroactively.
The sentencing court shall direct that a review of all persons serving a nonprison sanction
for a crime in severity levels 8, 9 or 10 of the sentencing guidelines grid for nondrug crimes
or a crime in severity levels 3 or 4 of the sentencing guidelines grid for drug crimes be
conducted. On or before September 1, 2000, the duration of such person's probation shall
be modified in conformity with the provisions of subsection (c).
Sec. 7. K.S.A. 22-3431 is hereby amended to read as follows: 22-3431. (a) Whenever it
appears to the chief medical officer of the institution to which a defendant has been
committed under K.S.A. 22-3430 and amendments thereto, that the defendant will not be
improved by further detention in such institution, the chief medical officer shall give written
notice thereof to the district court where the defendant was convicted. Such notice shall
include, but not be limited to: (1) Identification of the patient; (2) the course of treatment;
(3) a current assessment of the defendant's psychiatric condition; (4) recommendations for
future treatment, if any; and (5) recommendations regarding discharge, if any.
(b) Upon receiving such notice, the district court shall order that a hearing be held. The
court shall give notice of the hearing to: (1) The state hospital or state security hospital
where the defendant is under commitment; (2) the district or county attorney of the county
from which the defendant was originally committed; (3) the defendant; and (4) the
defendant's attorney. The court shall inform the defendant that such defendant is entitled
to counsel and that counsel will be appointed to represent the defendant if the defendant
is not financially able to employ an attorney as provided in K.S.A. 22-4503 et seq. and
amendments thereto. The hearing shall be held within 30 days after the receipt by the court
of the chief medical officer's notice.
(c) At the hearing, the defendant shall be sentenced, committed, granted probation,
assigned to a community correctional services program, as provided by K.S.A. 75-5291 and
amendments thereto, or discharged as the court deems best under the circumstance. The
time spent in a state or local institution pursuant to a commitment under K.S.A. 22-3430
and amendments thereto shall be credited against any sentence, confinement or
imprisonment imposed on the defendant.
Sec. 8. K.S.A. 22-3716 is hereby amended to read as follows: 22-3716. (a) At any time
during probation, assignment to a community correctional services program, suspension of
sentence or pursuant to subsection (d) for defendants who committed a crime prior to July
1, 1993, and at any time during which a defendant is serving a nonprison sanction for a
crime committed on or after July 1, 1993, or pursuant to subsection (d), the court may issue
a warrant for the arrest of a defendant for violation of any of the conditions of release or
assignment, a notice to appear to answer to a charge of violation or a violation of the
defendant's nonprison sanction. The notice shall be personally served upon the defendant.
The warrant shall authorize all officers named in the warrant to return the defendant to the
custody of the court or to any certified detention facility designated by the court. Any court
services officer or community correctional services officer may arrest the defendant without
a warrant or may deputize any other officer with power of arrest to do so by giving the
officer a written statement setting forth that the defendant has, in the judgment of the court
services officer or community correctional services officer, violated the conditions of the
defendant's release or a nonprison sanction. The written statement delivered with the
defendant by the arresting officer to the official in charge of a county jail or other place of
detention shall be sufficient warrant for the detention of the defendant. After making an
arrest, the court services officer or community correctional services officer shall present to
the detaining authorities a similar statement of the circumstances of violation. Provisions
regarding release on bail of persons charged with a crime shall be applicable to defendants
arrested under these provisions.
(b) Upon arrest and detention pursuant to subsection (a), the court services officer or
community correctional services officer shall immediately notify the court and shall submit
in writing a report showing in what manner the defendant has violated the conditions of
release or assignment or a nonprison sanction. Thereupon, or upon an arrest by warrant as
provided in this section, the court shall cause the defendant to be brought before it without
unnecessary delay for a hearing on the violation charged. The hearing shall be in open court
and the state shall have the burden of establishing the violation. The defendant shall have
the right to be represented by counsel and shall be informed by the judge that, if the
defendant is financially unable to obtain counsel, an attorney will be appointed to represent
the defendant. The defendant shall have the right to present the testimony of witnesses and
other evidence on the defendant's behalf. Relevant written statements made under oath
may be admitted and considered by the court along with other evidence presented at the
hearing. Except as otherwise provided, if the violation is established, the court may continue
or revoke the probation, assignment to a community correctional services program,
suspension of sentence or nonprison sanction and may require the defendant to serve the
sentence imposed, or any lesser sentence, and, if imposition of sentence was suspended,
may impose any sentence which might originally have been imposed. Except as otherwise
provided, no offender for whom a violation of conditions of release or assignment or a
nonprison sanction has been established as provided in this section shall be required to serve
any time for the sentence imposed or which might originally have been imposed in a state
facility in the custody of the secretary of corrections for such violation, unless such person
has already at least one prior assignment to a community correctional services program
related to the crime for which the original sentence was imposed, except these provisions
shall not apply to offenders who violate a condition of release or assignment or a nonprison
sanction by committing a new misdemeanor or felony offense. The court may require an
offender for whom a violation of conditions of release or assignment or a nonprison sanction
has been established as provided in this section to serve any time for the sentence imposed
or which might originally have been imposed in a state facility in the custody of the secretary
of corrections without a prior assignment to a community correctional services program if
the court finds and sets forth with particularity the reasons for finding that the safety of the
members of the public will be jeopardized or that the welfare of the inmate will not be served
by such assignment to a community correctional services program. When a new felony is
committed while the offender is on probation or assignment to a community correctional
services program, the new sentence shall be imposed pursuant to the consecutive sentencing
requirements of K.S.A. 21-4608 and amendments thereto, and the court may sentence the
offender to imprisonment for the new conviction, even when the new crime of conviction
otherwise presumes a nonprison sentence. In this event, imposition of a prison sentence for
the new crime does not constitute a departure.
(c) A defendant who is on probation, assigned to a community correctional services
program, under suspension of sentence or serving a nonprison sanction and for whose return
a warrant has been issued by the court shall be considered a fugitive from justice if it is
found that the warrant cannot be served. If it appears that the defendant has violated the
provisions of the defendant's release or assignment or a nonprison sanction, the court shall
determine whether the time from the issuing of the warrant to the date of the defendant's
arrest, or any part of it, shall be counted as time served on probation, assignment to a
community correctional services program, suspended sentence or pursuant to a nonprison
sanction.
(d) The court shall have 30 days following the date probation, assignment to a community
correctional service program, suspension of sentence or a nonprison sanction was to end to
issue a warrant for the arrest or notice to appear for the defendant to answer a charge of a
violation of the conditions of probation, assignment to a community correctional service
program, suspension of sentence or a nonprison sanction.
(e) Notwithstanding the provisions of any other law to the contrary, an offender whose
nonprison sanction is revoked and a term of imprisonment imposed pursuant to either the
sentencing guidelines grid for nondrug or drug crimes shall not serve a period of postrelease
supervision upon the completion of the prison portion of that sentence. The provisions of
this subsection shall not apply to offenders sentenced to a nonprison sanction pursuant to a
dispositional departure, whose offense falls within a border box of either the sentencing
guidelines grid for nondrug or drug crimes, offenders sentenced for a ``sexually violent crime''
as defined by K.S.A. 22-3717, and amendments thereto, or whose nonprison sanction was
revoked as a result of a conviction for a new misdemeanor or felony offense. The provisions
of this subsection shall not apply to offenders who are serving or are to begin serving a
sentence for any other felony offense that is not excluded from postrelease supervision by
this subsection on the effective date of this subsection. The provisions of this subsection shall
be applied retroactively. The department of corrections shall conduct a review of all persons
who are in the custody of the department as a result of only a revocation of a nonprison
sanction. On or before September 1, 2000, the department shall have discharged from
postrelease supervision those offenders as required by this subsection.
Sec. 9. K.S.A. 1999 Supp. 22-3717 is hereby amended to read as follows: 22-3717. (a)
Except as otherwise provided by this section, K.S.A. 1993 Supp. 21-4628 prior to its repeal
and K.S.A. 21-4635 through 21-4638 and amendments thereto, an inmate, including an
inmate sentenced pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for
parole after serving the entire minimum sentence imposed by the court, less good time
credits.
(b) (1) Except as provided by K.S.A. 21-4635 through 21-4638 and amendments thereto,
an inmate sentenced to imprisonment for the crime of capital murder, or an inmate
sentenced for the crime of murder in the first degree based upon a finding of premeditated
murder, committed on or after July 1, 1994, shall be eligible for parole after serving 25 years
of confinement, without deduction of any good time credits.
(2) Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993 Supp. 21-4628 prior
to its repeal and K.S.A. 21-4635 through 21-4638, and amendments thereto, an inmate
sentenced to imprisonment for an off-grid offense committed on or after July 1, 1993, but
prior to July 1, 1999, shall be eligible for parole after serving 15 years of confinement,
without deduction of any good time credits and an inmate sentenced to imprisonment for
an off-grid offense committed on or after July 1, 1999, shall be eligible for parole after
serving 20 years of confinement without deduction of any good time credits.
(3) Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its repeal, an inmate
sentenced for a class A felony committed before July 1, 1993, including an inmate sentenced
pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for parole after serving
15 years of confinement, without deduction of any good time credits.
(4) An inmate sentenced to imprisonment for a violation of subsection (a) of K.S.A. 21-
3402 and amendments thereto committed on or after July 1, 1996, but prior to July 1, 1999,
shall be eligible for parole after serving 10 years of confinement without deduction of any
good time credits.
(c) Except as provided in subsection (e), if an inmate is sentenced to imprisonment for
more than one crime and the sentences run consecutively, the inmate shall be eligible for
parole after serving the total of:
(1) The aggregate minimum sentences, as determined pursuant to K.S.A. 21-4608 and
amendments thereto, less good time credits for those crimes which are not class A felonies;
and
(2) an additional 15 years, without deduction of good time credits, for each crime which
is a class A felony.
(d) (1) Persons sentenced for crimes, other than off-grid crimes, committed on or after
July 1, 1993, will not be eligible for parole, but will be released to a mandatory period of
postrelease supervision upon completion of the prison portion of their sentence as follows:
(A) Except as provided in subparagraphs (C) and (D) and (E), persons sentenced for
nondrug severity level 1 through 6 4 crimes and drug severity levels 1 through 3 and 2
crimes must serve 36 months, plus the amount of good time earned and retained pursuant
to K.S.A. 21-4722 and amendments thereto, on postrelease supervision.
(B) Except as provided in subparagraphs (D) and (E), persons sentenced for nondrug
severity levels 5 and 6 crimes and drug severity level 3 crimes must serve 24 months, plus
the amount of good time earned and retained pursuant to K.S.A. 21-4722, and amendments
thereto, on postrelease supervision.
(C) Except as provided in subparagraphs (C) and (D) and (E), persons sentenced for
nondrug severity level 7 through 10 crimes and drug severity level 4 crimes must serve 24
12 months, plus the amount of good time earned and retained pursuant to K.S.A. 21-4722
and amendments thereto, on postrelease supervision.
(C) (D) (i) The sentencing judge shall impose the postrelease supervision period provided
in subparagraph (d)(1)(A) or, (d)(1)(B) or (d)(1)(C), unless the judge finds substantial and
compelling reasons to impose a departure based upon a finding that the current crime of
conviction was sexually violent or sexually motivated. In that event, departure may be
imposed to extend the postrelease supervision to a period of up to 60 months.
(ii) If the sentencing judge departs from the presumptive postrelease supervision period,
the judge shall state on the record at the time of sentencing the substantial and compelling
reasons for the departure. Departures in this section are subject to appeal pursuant to K.S.A.
21-4721 and amendments thereto.
(iii) In determining whether substantial and compelling reasons exist, the court shall
consider:
(a) Written briefs or oral arguments submitted by either the defendant or the state;
(b) any evidence received during the proceeding;
(c) the presentence report, the victim's impact statement and any psychological evaluation
as ordered by the court pursuant to subsection (e) of K.S.A. 21-4714 and amendments
thereto; and
(d) any other evidence the court finds trustworthy and reliable.
(iv) The sentencing judge may order that a psychological evaluation be prepared and the
recommended programming be completed by the offender. The department of corrections
or the parole board shall ensure that court ordered sex offender treatment be carried out.
(v) In carrying out the provisions of subparagraph (d)(1)(C) (d)(1)(D), the court shall refer
to K.S.A. 21-4718 and amendments thereto.
(vi) Upon petition, the parole board may provide for early discharge from the postrelease
supervision period upon completion of court ordered programs and completion of the
presumptive postrelease supervision period, as determined by the crime of conviction,
pursuant to subparagraph (d)(1)(A) or (B), (d)(1)(B) or (d)(1)(C). Early discharge from
postrelease supervision is at the discretion of the parole board.
(vii) Persons convicted of crimes deemed sexually violent or sexually motivated, shall be
registered according to the habitual sex offender registration act, K.S.A. 22-4901 through
22-4910 and amendments thereto.
(D) (E) The period of postrelease supervision provided in subparagraphs (A) and (B) may
be reduced by up to 12 months and the period of postrelease supervision provided in
subparagraph (C) may be reduced by up to six months based on the offender's compliance
with conditions of supervision and overall performance while on postrelease supervision.
The reduction in the supervision period shall be on an earned basis pursuant to rules and
regulations adopted by the secretary of corrections.
(E) (F) In cases where sentences for crimes from more than one severity level have been
imposed, the offender shall serve the longest period of postrelease supervision as provided
by this section available for any crime upon which sentence was imposed irrespective of the
severity level of the crime. Supervision periods will not aggregate.
(2) As used in this section, ``sexually violent crime'' means:
(A) Rape, K.S.A. 21-3502, and amendments thereto;
(B) indecent liberties with a child, K.S.A. 21-3503, and amendments thereto;
(C) aggravated indecent liberties with a child, K.S.A. 21-3504, and amendments thereto;
(D) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505 and amendments
thereto;
(E) aggravated criminal sodomy, K.S.A. 21-3506, and amendments thereto;
(F) indecent solicitation of a child, K.S.A. 21-3510, and amendments thereto;
(G) aggravated indecent solicitation of a child, K.S.A. 21-3511, and amendments thereto;
(H) sexual exploitation of a child, K.S.A. 21-3516, and amendments thereto;
(I) aggravated sexual battery, K.S.A. 21-3518, and amendments thereto;
(J) any conviction for a felony offense in effect at any time prior to the effective date of
this act, that is comparable to a sexually violent crime as defined in subparagraphs (A)
through (I), or any federal or other state conviction for a felony offense that under the laws
of this state would be a sexually violent crime as defined in this section;
(K) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-3302,
21-3303, and amendments thereto, of a sexually violent crime as defined in this section; or
(L) any act which at the time of sentencing for the offense has been determined beyond
a reasonable doubt to have been sexually motivated. As used in this subparagraph, ``sexually
motivated'' means that one of the purposes for which the defendant committed the crime
was for the purpose of the defendant's sexual gratification.
(e) If an inmate is sentenced to imprisonment for a crime committed while on parole or
conditional release, the inmate shall be eligible for parole as provided by subsection (c),
except that the Kansas parole board may postpone the inmate's parole eligibility date by
assessing a penalty not exceeding the period of time which could have been assessed if the
inmate's parole or conditional release had been violated for reasons other than conviction
of a crime.
(f) If a person is sentenced to prison for a crime committed on or after July 1, 1993, while
on probation, parole, conditional release or in a community corrections program, for a crime
committed prior to July 1, 1993, and the person is not eligible for retroactive application of
the sentencing guidelines and amendments thereto pursuant to K.S.A. 21-4724 and
amendments thereto, 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. 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 expiration 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 that those offenders whose old
sentence is a term of imprisonment for life, imposed pursuant to K.S.A. 1993 Supp. 21-
4628 prior to its repeal, or an indeterminate sentence with a maximum term of life
imprisonment, for which there is no conditional release or maximum sentence expiration
date, shall remain on postrelease supervision for life or until discharged from supervision
by the Kansas parole board.
(g) Subject to the provisions of this section, the Kansas parole board may release on parole
those persons confined in institutions who are eligible for parole when: (1) The board
believes that the inmate should be released for hospitalization, for deportation or to answer
the warrant or other process of a court and is of the opinion that there is reasonable
probability that the inmate can be released without detriment to the community or to the
inmate; or (2) the secretary of corrections has reported to the board in writing that the
inmate has satisfactorily completed the programs required by any agreement entered under
K.S.A. 75-5210a and amendments thereto, or any revision of such agreement, and the board
believes that the inmate is able and willing to fulfill the obligations of a law abiding citizen
and is of the opinion that there is reasonable probability that the inmate can be released
without detriment to the community or to the inmate. Parole shall not be granted as an
award of clemency and shall not be considered a reduction of sentence or a pardon.
(h) The Kansas parole board shall hold a parole hearing at least the month prior to the
month an inmate will be eligible for parole under subsections (a), (b) and (c). At least the
month preceding the parole hearing, the county or district attorney of the county where the
inmate was convicted shall give written notice of the time and place of the public comment
sessions for the inmate to any victim of the inmate's crime who is alive and whose address
is known to the county or district attorney or, if the victim is deceased, to the victim's family
if the family's address is known to the county or district attorney. Except as otherwise
provided, failure to notify pursuant to this section shall not be a reason to postpone a parole
hearing. In the case of any inmate convicted of a class A felony the secretary of corrections
shall give written notice of the time and place of the public comment session for such inmate
at least one month preceding the public comment session to any victim of such inmate's
crime or the victim's family pursuant to K.S.A. 74-7338 and amendments thereto. If
notification is not given to such victim or such victim's family in the case of any inmate
convicted of a class A felony, the board shall postpone a decision on parole of the inmate
to a time at least 30 days after notification is given as provided in this section. Nothing in
this section shall create a cause of action against the state or an employee of the state acting
within the scope of the employee's employment as a result of the failure to notify pursuant
to this section. If granted parole, the inmate may be released on parole on the date specified
by the board, but not earlier than the date the inmate is eligible for parole under subsections
(a), (b) and (c). At each parole hearing and, if parole is not granted, at such intervals
thereafter as it determines appropriate, the Kansas parole board shall consider: (1) Whether
the inmate has satisfactorily completed the programs required by any agreement entered
under K.S.A. 75-5210a and amendments thereto, or any revision of such agreement; and
(2) all pertinent information regarding such inmate, including, but not limited to, the
circumstances of the offense of the inmate; the presentence report; the previous social
history and criminal record of the inmate; the conduct, employment, and attitude of the
inmate in prison; the reports of such physical and mental examinations as have been made;
comments of the victim and the victim's family; comments of the public; official comments;
and capacity of state correctional institutions.
(i) In those cases involving inmates sentenced for a crime committed after July 1, 1993,
the parole board will review the inmates proposed release plan. The board may schedule a
hearing if they desire. The board may impose any condition they deem necessary to insure
public safety, aid in the reintegration of the inmate into the community, or items not
completed under the agreement entered into under K.S.A. 75-5210a and amendments
thereto. The board may not advance or delay an inmate's release date. Every inmate while
on postrelease supervision shall remain in the legal custody of the secretary of corrections
and is subject to the orders of the secretary.
(j) Before ordering the parole of any inmate, the Kansas parole board shall have the inmate
appear before either in person or via a video conferencing format and shall interview the
inmate unless impractical because of the inmate's physical or mental condition or absence
from the institution. Every inmate while on parole shall remain in the legal custody of the
secretary of corrections and is subject to the orders of the secretary. Whenever the Kansas
parole board formally considers placing an inmate on parole and no agreement has been
entered into with the inmate under K.S.A. 75-5210a and amendments thereto, the board
shall notify the inmate in writing of the reasons for not granting parole. If an agreement has
been entered under K.S.A. 75-5210a and amendments thereto and the inmate has not
satisfactorily completed the programs specified in the agreement, or any revision of such
agreement, the board shall notify the inmate in writing of the specific programs the inmate
must satisfactorily complete before parole will be granted. If parole is not granted only
because of a failure to satisfactorily complete such programs, the board shall grant parole
upon the secretary's certification that the inmate has successfully completed such programs.
If an agreement has been entered under K.S.A. 75-5210a and amendments thereto and the
secretary of corrections has reported to the board in writing that the inmate has satisfactorily
completed the programs required by such agreement, or any revision thereof, the board
shall not require further program participation. However, if the board determines that other
pertinent information regarding the inmate warrants the inmate's not being released on
parole, the board shall state in writing the reasons for not granting the parole. If parole is
denied for an inmate sentenced for a crime other than a class A or class B felony or an off-
grid felony, the board shall hold another parole hearing for the inmate not later than one
year after the denial unless the parole board finds that it is not reasonable to expect that
parole would be granted at a hearing if held in the next three years or during the interim
period of a deferral. In such case, the parole board may defer subsequent parole hearings
for up to three years but any such deferral by the board shall require the board to state the
basis for its findings. If parole is denied for an inmate sentenced for a class A or class B
felony or an off-grid felony, the board shall hold another parole hearing for the inmate not
later than three years after the denial unless the parole board finds that it is not reasonable
to expect that parole would be granted at a hearing if held in the next 10 years or during
the interim period of a deferral. In such case, the parole board may defer subsequent parole
hearings for up to 10 years but any such deferral shall require the board to state the basis
for its findings.
(k) Parolees and persons on postrelease supervision shall be assigned, upon release, to
the appropriate level of supervision pursuant to the criteria established by the secretary of
corrections.
(l) The Kansas parole board shall adopt rules and regulations in accordance with K.S.A.
77-415 et seq., and amendments thereto, not inconsistent with the law and as it may deem
proper or necessary, with respect to the conduct of parole hearings, postrelease supervision
reviews, revocation hearings, orders of restitution, reimbursement of expenditures by the
state board of indigents' defense services and other conditions to be imposed upon parolees
or releasees. Whenever an order for parole or postrelease supervision is issued it shall recite
the conditions thereof.
(m) Whenever the Kansas parole board orders the parole of an inmate or establishes
conditions for an inmate placed on postrelease supervision, the board:
(1) Unless it finds compelling circumstances which would render a plan of payment
unworkable, shall order as a condition of parole or postrelease supervision that the parolee
or the person on postrelease supervision pay any transportation expenses resulting from
returning the parolee or the person on postrelease supervision to this state to answer criminal
charges or a warrant for a violation of a condition of probation, assignment to a community
correctional services program, parole, conditional release or postrelease supervision;
(2) to the extent practicable, shall order as a condition of parole or postrelease supervision
that the parolee or the person on postrelease supervision make progress towards or
successfully complete the equivalent of a secondary education if the inmate has not
previously completed such educational equivalent and is capable of doing so;
(3) may order that the parolee or person on postrelease supervision perform community
or public service work for local governmental agencies, private corporations organized not-
for-profit or charitable or social service organizations performing services for the
community;
(4) may order the parolee or person on postrelease supervision to pay the administrative
fee imposed pursuant to K.S.A. 1999 Supp. 22-4529 unless the board finds compelling
circumstances which would render payment unworkable; and
(5) unless it finds compelling circumstances which would render a plan of payment
unworkable, shall order that the parolee or person on postrelease supervision reimburse the
state for all or part of the expenditures by the state board of indigents' defense services to
provide counsel and other defense services to the person. In determining the amount and
method of payment of such sum, the parole board shall take account of the financial
resources of the person and the nature of the burden that the payment of such sum will
impose. Such amount shall not exceed the amount claimed by appointed counsel on the
payment voucher for indigents' defense services or the amount prescribed by the board of
indigents' defense services reimbursement tables as provided in K.S.A. 22-4522 and
amendments thereto, whichever is less, minus any previous payments for such services.
(n) If the court which sentenced an inmate specified at the time of sentencing the amount
and the recipient of any restitution ordered as a condition of parole or postrelease
supervision, the Kansas parole board shall order as a condition of parole or postrelease
supervision that the inmate pay restitution in the amount and manner provided in the journal
entry unless the board finds compelling circumstances which would render a plan of
restitution unworkable.
(o) Whenever the Kansas parole board grants the parole of an inmate, the board, within
10 days of the date of the decision to grant parole, shall give written notice of the decision
to the county or district attorney of the county where the inmate was sentenced.
(p) When an inmate is to be released on postrelease supervision, the secretary, within 30
days prior to release, shall provide the county or district attorney of the county where the
inmate was sentenced written notice of the release date.
(q) Inmates shall be released on postrelease supervision upon the termination of the
prison portion of their sentence. Time served while on postrelease supervision will vest.
(r) An inmate who is allocated regular good time credits as provided in K.S.A. 22-3725
and amendments thereto may receive meritorious good time credits in increments of not
more than 90 days per meritorious act. These credits may be awarded by the secretary of
corrections when an inmate has acted in a heroic or outstanding manner in coming to the
assistance of another person in a life threatening situation, preventing injury or death to a
person, preventing the destruction of property or taking actions which result in a financial
savings to the state.
(s) The provisions of subsections (d)(1)(A), (d)(1)(B), (d)(1)(C) and (d)(1)(E) shall be
applied retroactively as provided in subsection (t).
(t) For offenders sentenced prior to the effective date of this act who are eligible for
modification of their postrelease supervision obligation, the department of corrections shall
modify the period of postrelease supervision as provided for by this section for offenders
convicted of severity level 9 and 10 crimes on the sentencing guidelines grid for nondrug
crimes and severity level 4 crimes on the sentencing guidelines grid for drug crimes on or
before September 1, 2000; for offenders convicted of severity level 7 and 8 crimes on the
sentencing guidelines grid for nondrug crimes on or before November 1, 2000; and for
offenders convicted of severity level 5 and 6 crimes on the sentencing guidelines grid for
nondrug crimes and severity level 3 crimes on the sentencing guidelines grid for drug crimes
on or before January 1, 2001.
Sec. 10. K.S.A. 75-52,129 is hereby amended to read as follows: 75-52,129. (a) The
secretary of corrections is hereby authorized to negotiate and enter into contracts with
Kansas cities and counties for the placement of inmates, who are classified as medium
custody or any higher custody or security classification, in facilities owned and operated by
the cities and counties. If the secretary of corrections proposes to place any inmates classified
as medium custody or any higher custody classification for confinement in facilities other
than correctional or other institutions or facilities owned and operated by the department
of corrections or any other state agency, the secretary of corrections shall give first
consideration to entering into contracts with Kansas cities and counties under this section
before attempting to place any such inmate for confinement at any location outside the state
of Kansas if the facilities to be provided under such contracts are substantially equal to
facilities at locations outside the state of Kansas and if arrangements can be made in a timely
manner. Except as provided in subsection (b), the provisions of this section and any contract
or preliminary letter of commitment entered into pursuant to this section shall not apply to
any minimum custody or community custody status inmates, or any other custody or security
classification lower than medium custody, or to any inmate who may be placed in a work
release or prerelease program, center or facility by the secretary of corrections, who is
eligible for parole or who is placed pursuant to the interstate corrections compact. Contracts
entered into pursuant to this section shall not be subject to competitive bid requirements
under K.S.A. 75-3739 and amendments thereto.
(b) The secretary shall not enter into any contract as provided in subsection (a) with any
city or county of this state for the placement of inmates that does not provide that such city
or county shall provide and maintain appropriate and recognized standards of safety, health
and security.
Sec. 11. K.S.A. 1999 Supp. 75-5291 is hereby amended to read as follows: 75-5291. (a)
(1) The secretary of corrections may make grants to counties for the development,
implementation, operation and improvement of community correctional services including,
but not limited to, restitution programs, victim services programs, preventive or diversionary
correctional programs, community corrections centers and facilities for the detention or
confinement, care or treatment of adults charged with or convicted of crime offenders as
provided in this section except that no community corrections funds shall be expended by
the secretary for the purpose of establishing or operating a conservation camp as provided
by K.S.A. 75-52,127 and amendments thereto.
(2) Placement of offenders in community correctional services programs by the court shall
be limited to placement of adult offenders, convicted of a felony offense:
(A) Whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing guidelines
grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E or 4-F of the sentencing
guidelines grid for drug crimes. In addition, the court may place in a community correctional
services program adult offenders, convicted of a felony offense, whose offense is classified in
grid blocks 6- H, 6-I, 7-C, 7-D, 7-E, 7-F, 7-G, 7-H or 7-I of the sentencing guidelines grid
for nondrug crimes;
(B) whose severity level and criminal history score designate a presumptive prison
sentence on either sentencing guidelines grid but receive a nonprison sentence as a result of
departure;
(C) all offenders convicted of an offense which satisfies the definition of offender pursuant
to K.S.A. 22-4902, and amendments thereto, and which is classified as a severity level 7 or
higher offense and who receive a nonprison sentence, regardless of the manner in which the
sentence is imposed;
(D) any offender for whom a violation of conditions of release or assignment or a nonprison
sanction has been established as provided in K.S.A. 22-3716, and amendments thereto, prior
to revocation resulting in the offender being required to serve any time for the sentence
imposed or which might originally have been imposed in a state facility in the custody of
the secretary of corrections;
(E) any offender who is determined to be ``high risk or needs, or both'' by the use of a
statewide, mandatory, standardized risk assessment tool or instrument validated for
community correctional placements; or
(F) placed in community correctional services programs as a condition of supervision
following the successful completion of a conservation camp program.
(3) Nothing in this act shall prohibit a community correctional services program from
providing services to juvenile offenders upon approval by the local community corrections
advisory board. Grants from community corrections funds administered by the secretary of
corrections shall not be expended for such services.
(4) The court may require an offender for whom a violation of conditions of release or
assignment or a nonprison sanction has been established, as provided in K.S.A. 22-3716,
and amendments thereto, to serve any time for the sentence imposed or which might
originally have been imposed in a state facility in the custody of the secretary of corrections
without a prior assignment to a community correctional services program if the court finds
and sets forth with particularity the reasons for finding that the safety of the members of
the public will be jeopardized or that the welfare of the inmate will not be served by such
assignment to a community correctional services program.
(b) (1) In order to establish a mechanism for community correctional services to
participate in the department of corrections annual budget planning process, the secretary
of corrections shall establish a community corrections advisory committee to identify new
or enhanced correctional or treatment interventions designed to divert offenders from
prison.
(2) The secretary shall appoint one member from the southeast community corrections
association region, one member from the northeast community corrections association
region, one member from the central community corrections association region and one
member from the western community corrections association region. The deputy secretary
of community corrections and field services shall designate two members from the state at
large. The secretary shall have final appointment approval of the members designated by
the deputy secretary. The committee shall reflect the diversity of community correctional
services with respect to geographical location and average daily population of offenders
under supervision.
(3) Each member shall be appointed for a term of three years, except of the initial
appointments, such terms shall be staggered as determined by the secretary. Members shall
be eligible for reappointment.
(4) The committee, in collaboration with the deputy secretary of community corrections
and field services or the deputy secretary's designee, shall routinely examine and report to
the secretary on the following issues:
(A) Efficiencies in the delivery of field supervision services;
(B) offender assignment decisions;
(C) effectiveness and enhancement of existing interventions; and
(D) (C) identification of new interventions.
(5) The committee's report concerning enhanced or new interventions shall address:
(A) A target population;
(B) measurable goals and objectives;
(C) (B) projected costs;
(D) (C) the impact on public safety; and
(E) (D) the evaluation process.
(6) The committee shall submit its report to the secretary annually on or before July 15
in order for the enhanced or new interventions to be considered for inclusion within the
department of corrections budget request for community correctional services or in the
department's enhanced services budget request for the subsequent fiscal year.
Sec. 12. (a) For the fiscal years ending June 30, 2001, and June 30, 2002, appropriations
are hereby made, restrictions and limitations are hereby imposed, and transfers, capital
improvement projects, fees, receipts, disbursements and acts incidental to the foregoing are
hereby directed or authorized as provided in this act.
(b) The agencies named in this act are hereby authorized to initiate and complete the
capital improvement projects specified and authorized by this act or for which appropriations
are made by this act, subject to the restrictions and limitations imposed by this act.
(c) The appropriations made by this act shall not be subject to the provisions of K.S.A.
46-155 and amendments thereto.
Sec. 13.
DEPARTMENT OF CORRECTIONS
(a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 2001, the following:
| Day reporting center state match | $190,000 |
Provided, That all expenditures from the day reporting center state match account shall be
made for the purpose of providing the required state match for receipt of federal funds for
day reporting centers: Provided further, That such expenditures shall be for operation of
day reporting centers for one-half of fiscal year 2001: And provided further, That all
expenditures from the day reporting center state match account shall be made pursuant to
a contract which is hereby authorized to be entered into by the secretary of corrections with
a private entity for operation of such day reporting centers: And provided further, That such
contract shall be designed to use day reporting centers to divert offenders who would
otherwise occupy prison space making additional prison space available for violent offenders.
| Community corrections | $879,484 |
Provided, That, notwithstanding the provisions of K.S.A. 75-52,103, and amendments
thereto, and in addition to the other purposes for which expenditures may be made by the
above agency from the community corrections account of the state general fund from
moneys appropriated by this or other appropriation act of the 2000 regular session of the
legislature for fiscal year 2001, expenditures shall be made by the department of corrections
from the community corrections account for fiscal year 2001 to distribute all moneys
appropriated in such account to community corrections service providers to ensure all funds
appropriated for such purpose for fiscal year 2001 are expended to support community
corrections programs as authorized by law: Provided, however, That the department of
corrections shall not reclaim any unexpended community corrections grant funds that are
distributed for fiscal year 2001, but shall expend all community corrections grant funds to
maximize the use of adult intensive supervised probation for offenders diverted from prison.
| Construction of Ellsworth correctional facility housing unit training centerand warehouse | $617,752 |
| El Dorado correctional facility--RDU housing | $253,086 |
Provided, That no expenditures shall be made from the El Dorado correctional facility--
RDU housing account for the fiscal year ending June 30, 2001, without specific authorization
by the director of the budget.
(b) In addition to the other purposes for which expenditures may be made by the
department of corrections from the violent offender incarceration and truth in sentencing
incentive grants--federal fund for fiscal year 2001 as authorized by section 81(c) of 2000
House Substitute for Senate Bill No. 326 or by other appropriation act of the 2000 regular
session of the legislature, expenditures may be made by the department of corrections from
the violent offender incarceration and truth in sentencing incentive grants--federal fund
for fiscal year 2001 for the following capital improvement project or projects, subject to the
expenditure limitation prescribed therefor:
| Construction of Ellsworth correctional facility housing unit training centerand warehouse | $5,559,765 |
(c) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 2001, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:
| Lansing and Topeka correctional facilities capital improvements revenuefund | No limit |
Provided, That the department of corrections may make expenditures from the Lansing and
Topeka correctional facilities capital improvements revenue fund for the capital
improvement projects to (1) renovate and equip J cellhouse at the Topeka correctional
facility; (2) construct and equip a laundry building and a training building at the Topeka
correctional facility; and (3) reconstruct and equip the vocational education, maintenance
and correctional industry space damaged in the fire of November, 1999: Provided further,
That expenditures for Lansing fire damage repair shall not exceed $1,100,000: And provided
further, That such capital improvement projects are hereby approved for the department
of corrections for the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto
and the authorization of the issuance of bonds by the Kansas development finance authority
in accordance with that statute: Provided, however, That expenditures from this fund for
such capital improvement projects shall not exceed $4,400,000, plus all amounts required
for cost of bond issuance, cost of interest on the bonds during the projects and required
reserves for the payment of principal and interest on the bonds: And provided further, That
all moneys received from the issuance of any such bonds shall be deposited in the state
treasury to the credit of this fund.
(d) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 2002, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:
| Violent offender incarceration and truth in sentencing incentive grants--federal fund | No limit |
Provided, That the department of corrections shall make expenditures from the violent
offender incarceration and truth in sentencing incentive grants--federal fund for state fiscal
year 2002 for operation of day reporting centers: Provided further, That all such
expenditures for state fiscal year 2002 shall be made pursuant to a contract which is hereby
authorized to be entered into by the secretary of corrections with a private entity for
operation of such day reporting centers: And provided further, That such contract shall be
designed to use day reporting centers to divert offenders who would otherwise occupy prison
space making additional prison space available for violent offenders: And provided further,
That the approved budget for state fiscal year 2002 for this fund, except as provided for
operating expenditures for such day reporting centers, shall include the total amount of all
violent offender incarceration and truth in sentencing incentive grant awards received by
the above agency during the federal fiscal year 2000: Provided, however, That expenditures
from the violent offenders incarceration and truth in sentencing incentive grants--federal
fund for state fiscal year 2002 for operating expenditures for such day reporting centers
shall not exceed $3,800,000.
(e) There is appropriated for the above agency from the correctional institutions building
fund for the fiscal year ending June 30, 2001, for the capital improvement project or projects
specified as follows:
| Chemical dependency unit renovation or new construction | $300,000 |
Provided, That the secretary of corrections is hereby authorized to transfer moneys during
fiscal year 2001 from the capital improvements--rehabilitation, remodeling, renovation and
repair of correctional institutions account of the correctional institutions building fund to
an account or accounts of the correctional institutions building fund of any institution or
facility under the jurisdiction of the secretary of corrections to be expended during fiscal
year 2001 by the institution or facility for capital improvement projects, including security
improvement projects and hazardous waste cleanup at Lansing correctional facility,
approved by the secretary of corrections.
(f) In addition to the other purposes for which expenditures may be made by the
department of corrections from the violent offender incarceration and truth in sentencing
incentive grants--federal fund for fiscal year 2001 as authorized by this or any other
appropriation act of the 2000 regular session of the legislature, expenditures may be made
by the above agency from the violent offender incarceration and the truth in sentencing
incentive grants--federal fund for operation of day reporting centers for one-half of fiscal
year 2001: Provided further, That all such expenditures shall be made pursuant to a contract
which is hereby authorized to be entered into by the secretary of corrections with a private
entity for operation of such day reporting centers: And provided further, That such contract
shall be designed to use day reporting centers to divert offenders who would otherwise
occupy prison space making additional prison space available for violent offenders: And
provided further, That expenditures from the violent offenders incarceration and truth in
sentencing incentive grants--federal fund for fiscal year 2001 for operation of such day
reporting centers shall not exceed $1,710,000.
(g) Notwithstanding the provisions of K.S.A. 75-5282, and amendments thereto, and in
addition to the other purposes for which expenditures may be made by the above agency
from the correctional industries fund as authorized by this or other appropriation act of the
2000 regular session of the legislature, expenditures may be made by the department of
corrections from the correctional industries fund for fiscal year 2001 for community
corrections conditional violator grants designed to divert probation violators from occupying
prison bed space reducing the prison population: Provided, That expenditures for such
purpose from the correctional industries fund for fiscal year 2001 shall not exceed $750,000.
(h) On July 1, 2000, the position limitation established by section 69(a) of the 2000 House
Substitute for Senate Bill No. 326 for the department of corrections is hereby increased
from 3,063.0 to 3,123.5.
Sec. 14. (a) During the fiscal years ending June 30, 2000, and June 30, 2001,
notwithstanding the provisions of K.S.A. 74-8905 and amendments thereto, no bonds shall
be issued by the Kansas development finance authority for any capital improvement project
for the construction or expansion of any prison or any other correctional facility for the
department of corrections unless such capital improvement project has been specifically
approved by act of the legislature for the department of corrections for the purposes of
subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization of the
issuance of bonds by the Kansas development finance authority in accordance with that
statute for such capital improvement project.
(b) During the fiscal years ending June 30, 2000, and June 30, 2001, notwithstanding the
provisions of K.S.A. 74-8905 and amendments thereto, the state finance council shall not
approve any capital improvement project for the construction or expansion of any prison or
any other correctional facility for the department of corrections for the purposes of
subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization of the
issuance of bonds by the Kansas development finance authority in accordance with that
statute for any such capital improvement project.
Sec. 15. K.S.A. 21-4602, 21-4606b, 22-3431, 22-3716 and 75-52,129 and K.S.A. 1999
Supp. 21-4603, 21-4603d, 21-4610, 21-4611, 22-3717 and 75-5291 are hereby repealed.
Sec. 16. This act shall take effect and be in force from and after its publication in the
Kansas register.'';
In the title, on page 1, by striking all in lines 12 through 16 and inserting new material
to read as follows:
``AN ACT concerning crimes, criminal procedure and punishment; relating to probation and
suspension of sentence, jail confinement; community corrections; conditional violators,
dispositions; postrelease supervision; placement of inmates and offenders; revocation of
nonprison sanction for certain offenders; making and concerning appropriations for the fiscal
years ending June 30, 2001, and June 30, 2002, for the department of corrections; amending
K.S.A. 21-4602, 21-4606b, 22-3431, 22-3716 and 75-52,129 and K.S.A. 1999 Supp. 21-4603,
21-4603d, 21-4610, 21-4611, 22-3717 and 75-5291 and repealing the existing sections.'';
\ And your committee on conference recommends the adoption of this report.
David Adkins
Melvin Neufeld
Michael O'Neal
Ed McKechnie
Janice L. Pauls
Conferees on the part of House
Dave Kerr
Alicia L. Salisbury
John Vratil
Greta Goodwin
Marge Petty
Conferees on part of Senate
Senator Vratil moved the Senate adopt the Conference Committee Report on H Sub for
SB 323.
On roll call, the vote was: Yeas 36, Nays 4, 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, Jones, Jordan, Kerr,
Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Barone, Feleciano, Huelskamp, Tyson.
The Conference Committee report was adopted.
EXPLANATION OF VOTE
Mr. President: I vote no on H Sub for SB 323 simply because I believe there is an
unfair cost shift to our counties from this state. The counties should be reimbursed for their
increased costs but unfortunately there are no provisions in this bill to accomplish that.--
Jim Barone
Senator Feleciano requests the record to show he concurs with the ``Explanation of Vote''
offered by Senator Barone on H Sub for SB 323.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 447, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with House Committee amendments,
as follows:
On page 2, in line 19, after ``of'' by inserting ``providing the''; also in line 19, after ``copying''
by inserting ``of'';
\ And your committee on conference recommends the adoption of this report.
Michael O'Neal
Tim Carmody
Janice L. Pauls
Conferees on the part of House
Tim Emert
John Vratil
Greta Goodwin
Conferees on part of Senate
Senator Emert moved the Senate adopt the Conference Committee Report on SB 447.
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 Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 481, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with House Committee amendments,
as follows:
On page 1, in line 28, by striking ``$36'' and inserting ``$35''; in line 35, by striking ``$36''
and inserting ``$35'';
On page 3, in line 4, by striking ``$36'' and inserting ``$35''; in line 7, by striking ``$18''
and inserting ``$20''; in line 20, by striking ``$18'' and inserting ``$20'';
On page 4, in line 18, by striking ``$36'' and inserting ``$35'';
\ And your committee on conference recommends the adoption of this report.
David Adkins
Melvin Neufeld
Bill Reardon
Conferees on the part of House
Dave Kerr
Janice L. Hardenburger
U.L. Gooch
Conferees on part of Senate
Senator Kerr moved the Senate adopt the Conference Committee Report on SB 481.
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 Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2013, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed as Substitute for House Bill No.
2013, as amended by Senate Committee of the Whole, as follows:
On page 1, in line 29, by striking all after ``as'' and inserting ``the bingo act.''; in line 31,
by striking all after ``act''; in line 32, by striking all before the colon;
On page 2, in line 28, following ``special'' by inserting ``, mini'';
On page 12, in line 17, after ``of'' by inserting ``the'';
On page 14, in line 39, by striking ``$200'' and inserting ``$500''; in line 41, following the
period, by inserting ``Any monetary prize awarded in games of bingo shall be paid by a check
on the bingo trust bank account of the licensee upon the request of the winner of such
award.'';
On page 16, in line 19, by striking ``per'' and inserting ``during a''; also in line 19, before
the period, by inserting ``or the lessor of the premises''; in line 23, following the period, by
inserting ``No more than four of such drawings shall be conducted by each licensee or lessor
during any calendar year.'';
On page 17, in line 19, by striking all after ``sold; in line 20, by striking all before ``by'';
On page 19, in line 5, by striking ``operators'' and inserting ``licensees''; in line 13, by
striking ``one game'' and inserting ``three games''; also in line 13, following ``winner'' by
inserting ``or winners''; in line 17, following the period, by inserting ``There shall be no limit
on the number of instant bingo tickets which may be sold for participation in any such game
of instant bingo.''; in line 20, by striking ``12 games.'' and inserting ``20 games. No mini
bingo game shall be conducted by a licensee more than one hour prior to, or after the
commencement of, the first regular or special game of call bingo operated or conducted by
the licensee for such session.'';
On page 21, in line 15, by striking all after ``treasury''; in line 16, by striking all before
the period; in line 23, following the period, by inserting ``Except as provided by K.S.A. 79-
4711, and amendments thereto, 1/3 of each deposit remitted to the state treasurer pursuant
to subsection (b) shall be credited to the state bingo regulation fund and the balance shall
be credited to the state general fund.'';
On page 46, in line 36, by striking ``23'' and inserting ``22'';
On page 47, in line 28, by striking ``23'' and inserting ``22'';
On page 49, following line 16, by inserting the following:
``Sec. 26. K.S.A. 1999 Supp. 79-3603 is hereby amended to read as follows: 79-3603.
For the privilege of engaging in the business of selling tangible personal property at retail
in this state or rendering or furnishing any of the services taxable under this act, there is
hereby levied and there shall be collected and paid a tax at the rate of 4.9% and, unless
otherwise specifically provided by law. Within a redevelopment district established pursuant
to K.S.A. 74-8921, and amendments thereto, there is hereby levied and there shall be
collected and paid an additional tax at the rate of 2% until the earlier of the date the bonds
issued to finance or refinance the redevelopment project have been paid in full or the final
scheduled maturity of the first series of bonds issued to finance any part of the project upon:
(a) The gross receipts received from the sale of tangible personal property at retail
within this state;
(b) (1) the gross receipts from intrastate telephone or telegraph services and (2) the
gross receipts received from the sale of interstate telephone or telegraph services, which
(A) originate within this state and terminate outside the state and are billed to a customer's
telephone number or account in this state; or (B) originate outside this state and terminate
within this state and are billed to a customer's telephone number or account in this state
except that the sale of interstate telephone or telegraph service does not include: (A) Any
interstate incoming or outgoing wide area telephone service or wide area transmission type
service which entitles the subscriber to make or receive an unlimited number of
communications to or from persons having telephone service in a specified area which is
outside the state in which the station provided this service is located; (B) any interstate
private communications service to the persons contracting for the receipt of that service
that entitles the purchaser to exclusive or priority use of a communications channel or group
of channels between exchanges; (C) any value-added nonvoice service in which computer
processing applications are used to act on the form, content, code or protocol of the
information to be transmitted; (D) any telecommunication service to a provider of
telecommunication services which will be used to render telecommunications services,
including carrier access services; or (E) any service or transaction defined in this section
among entities classified as members of an affiliated group as provided by federal law (U.S.C.
Section 1504). For the purposes of this subsection the term gross receipts does not include
purchases of telephone, telegraph or telecommunications using a prepaid telephone calling
card or pre-paid authorization number. As used in this subsection, a pre-paid telephone
calling card or pre-paid authorization number means the right to exclusively make telephone
calls, paid for in advance, with the prepaid value measured in minutes or other time units,
that enables the origination of calls using an access number or authorization code or both,
whether manually or electronically dialed;
(c) the gross receipts from the sale or furnishing of gas, water, electricity and heat,
which sale is not otherwise exempt from taxation under the provisions of this act, and
whether furnished by municipally or privately owned utilities;
(d) the gross receipts from the sale of meals or drinks furnished at any private club,
drinking establishment, catered event, restaurant, eating house, dining car, hotel, drugstore
or other place where meals or drinks are regularly sold to the public;
(e) the gross receipts from the sale of admissions to any place providing amusement,
entertainment or recreation services including admissions to state, county, district and local
fairs, but such tax shall not be levied and collected upon the gross receipts received from
sales of admissions to any cultural and historical event which occurs triennially;
(f) the gross receipts from the operation of any coin-operated device dispensing or
providing tangible personal property, amusement or other services except laundry services,
whether automatic or manually operated;
(g) the gross receipts from the service of renting of rooms by hotels, as defined by K.S.A.
36-501 and amendments thereto, or by accommodation brokers, as defined by K.S.A. 12-
1692, and amendments thereto;
(h) the gross receipts from the service of renting or leasing of tangible personal property
except such tax shall not apply to the renting or leasing of machinery, equipment or other
personal property owned by a city and purchased from the proceeds of industrial revenue
bonds issued prior to July 1, 1973, in accordance with the provisions of K.S.A. 12-1740
through 12-1749, and amendments thereto, and any city or lessee renting or leasing such
machinery, equipment or other personal property purchased with the proceeds of such
bonds who shall have paid a tax under the provisions of this section upon sales made prior
to July 1, 1973, shall be entitled to a refund from the sales tax refund fund of all taxes paid
thereon;
(i) the gross receipts from the rendering of dry cleaning, pressing, dyeing and laundry
services except laundry services rendered through a coin-operated device whether automatic
or manually operated;
(j) the gross receipts from the rendering of the services of washing and washing and
waxing of vehicles;
(k) the gross receipts from cable, community antennae and other subscriber radio and
television services;
(l) the gross receipts received from the sales of tangible personal property to all
contractors, subcontractors or repairmen of materials and supplies for use by them in
erecting structures for others, or building on, or otherwise improving, altering, or repairing
real or personal property of others;
(m) the gross receipts received from fees and charges by public and private clubs,
drinking establishments, organizations and businesses for participation in sports, games and
other recreational activities, but such tax shall not be levied and collected upon the gross
receipts received from: (1) Fees and charges by any political subdivision, by any organization
exempt from property taxation pursuant to paragraph Ninth of K.S.A. 79-201, and
amendments thereto, or by any youth recreation organization exclusively providing services
to persons 18 years of age or younger which is exempt from federal income taxation pursuant
to section 501(c)(3) of the federal internal revenue code of 1986, for participation in sports,
games and other recreational activities; and (2) entry fees and charges for participation in a
special event or tournament sanctioned by a national sporting association to which spectators
are charged an admission which is taxable pursuant to subsection (e);
(n) the gross receipts received from dues charged by public and private clubs, drinking
establishments, organizations and businesses, payment of which entitles a member to the
use of facilities for recreation or entertainment, but such tax shall not be levied and collected
upon the gross receipts received from: (1) Dues charged by any organization exempt from
property taxation pursuant to paragraphs Eighth and Ninth of K.S.A. 79-201, and
amendments thereto; and (2) sales of memberships in a nonprofit organization which is
exempt from federal income taxation pursuant to section 501 (c)(3) of the federal internal
revenue code of 1986, and whose purpose is to support the operation of a nonprofit zoo;
(o) the gross receipts received from the isolated or occasional sale of motor vehicles or
trailers but not including: (1) The transfer of motor vehicles or trailers by a person to a
corporation solely in exchange for stock securities in such corporation; or (2) the transfer
of motor vehicles or trailers by one corporation to another when all of the assets of such
corporation are transferred to such other corporation; or (3) the sale of motor vehicles or
trailers which are subject to taxation pursuant to the provisions of K.S.A. 79-5101 et seq.,
and amendments thereto, by an immediate family member to another immediate family
member. For the purposes of clause (3), immediate family member means lineal ascendants
or descendants, and their spouses. In determining the base for computing the tax on such
isolated or occasional sale, the fair market value of any motor vehicle or trailer traded in by
the purchaser to the seller may be deducted from the selling price;
(p) the gross receipts received for the service of installing or applying tangible personal
property which when installed or applied is not being held for sale in the regular course of
business, and whether or not such tangible personal property when installed or applied
remains tangible personal property or becomes a part of real estate, except that no tax shall
be imposed upon the service of installing or applying tangible personal property in
connection with the original construction of a building or facility, the original construction,
reconstruction, restoration, remodeling, renovation, repair or replacement of a residence or
the construction, reconstruction, restoration, replacement or repair of a bridge or highway.
For the purposes of this subsection:
(1) ``Original construction'' shall mean the first or initial construction of a new building
or facility. The term ``original construction'' shall include the addition of an entire room or
floor to any existing building or facility, the completion of any unfinished portion of any
existing building or facility and the restoration, reconstruction or replacement of a building
or facility damaged or destroyed by fire, flood, tornado, lightning, explosion or earthquake,
but such term, except with regard to a residence, shall not include replacement, remodeling,
restoration, renovation or reconstruction under any other circumstances;
(2) ``building'' shall mean only those enclosures within which individuals customarily
are employed, or which are customarily used to house machinery, equipment or other
property, and including the land improvements immediately surrounding such building;
(3) ``facility'' shall mean a mill, plant, refinery, oil or gas well, water well, feedlot or any
conveyance, transmission or distribution line of any cooperative, nonprofit, membership
corporation organized under or subject to the provisions of K.S.A. 17-4601 et seq., and
amendments thereto, or of any municipal or quasi-municipal corporation, including the land
improvements immediately surrounding such facility; and
(4) ``residence'' shall mean only those enclosures within which individuals customarily
live;
(q) the gross receipts received for the service of repairing, servicing, altering or
maintaining tangible personal property, except computer software described in subsection
(s), which when such services are rendered is not being held for sale in the regular course
of business, and whether or not any tangible personal property is transferred in connection
therewith. The tax imposed by this subsection shall be applicable to the services of repairing,
servicing, altering or maintaining an item of tangible personal property which has been and
is fastened to, connected with or built into real property;
(r) the gross receipts from fees or charges made under service or maintenance
agreement contracts for services, charges for the providing of which are taxable under the
provisions of subsection (p) or (q);
(s) the gross receipts received from the sale of computer software, and the sale of the
services of modifying, altering, updating or maintaining computer software. As used in this
subsection, ``computer software'' means information and directions loaded into a computer
which dictate different functions to be performed by the computer. Computer software
includes any canned or prewritten program which is held or existing for general or repeated
sale, even if the program was originally developed for a single end user as custom computer
software. The sale of computer software or services does not include: (1) The initial sale of
any custom computer program which is originally developed for the exclusive use of a single
end user; or (2) those services rendered in the modification of computer software when the
modification is developed exclusively for a single end user only to the extent of the
modification and only to the extent that the actual amount charged for the modification is
separately stated on invoices, statements and other billing documents provided to the end
user. The services of modification, alteration, updating and maintenance of computer
software shall only include the modification, alteration, updating and maintenance of
computer software taxable under this subsection whether or not the services are actually
provided; and
(t) the gross receipts received for telephone answering services, including mobile phone
services, beeper services and other similar services; and
(u) the gross receipts received from the sale of prepaid telephone calling cards or pre-
paid authorization numbers and the recharge of such cards or numbers. A pre-paid
telephone calling card or pre-paid authorization number means the right to exclusively make
telephone calls, paid for in advance, with the prepaid value measured in minutes or other
time units, that enables the origination of calls using an access number or authorization
code or both, whether manually or electronically dialed. If the sale or recharge of such card
or number does not take place at the vendor's place of business, it shall be conclusively
determined to take place at the customer's shipping address; if there is no item shipped
then it shall be the customer's billing address.; and
(v) the gross receipts received from the sales of bingo cards, bingo faces and instant
bingo tickets by licensees under K.S.A. 79-4701, et seq., and amendments thereto, shall be
taxed at a rate of: (1) 4.9% on July 1, 2000, and before July 1, 2001; and (2) 2.5% on July
1, 2001, and before July 1, 2002. From and after July 1, 2002, all sales of bingo cards, bingo
faces and instant bingo tickets by licensees under K.S.A. 79-4701 et seq., and amendments
thereto, shall be exempt from taxes imposed pursuant to this section.'';
Also on page 49, by striking all in line 20 and inserting ``79-4714 and 79-4804 and K.S.A.
1999 Supp. 74-8836, 79-3603 and'';
In the title, in line 23, by striking all after ``74-8836'' and inserting ``, 79-3603 and 79-'';
And your committee on conference recommends the adoption of this report.
Lana Oleen
John Vratil
Sherman Jones
Conferees on the part of Senate
Tony Powell
Becky Hutchins
Thomas Klein
Conferees on part of House
Senator Oleen moved the Senate adopt the Conference Committee Report on Sub HB
2013.
On roll call, the vote was: Yeas 34, Nays 6, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Bleeker, Bond, Corbin, Donovan, Downey, Emert, Feleciano,
Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan,
Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans,
Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Biggs, Brownlee, Clark, Kerr, Pugh, Tyson.
The Conference Committee report was adopted.
EXPLANATION OF VOTE
Mr. President: I vote no on Sub HB 2013 with mixed emotions as I recognize the two
or more year effort to bring this legislation forward to address some needed revisions in our
bingo law and taxation. One minor portion of this bill expands state sponsored gambling in
our state by authorizing the lottery to award non-monetary prizes. The basic law itself deals
with a form of legalized gambling in Kansas. It seems the height of hypocrisy to me that we
deal with these gambling issues and tolerate our expanding Indian casinos and are unwilling
and unable to move or even work SB 667 in this Chamber. This legislation came out of
committee to permit electronic gaming at our three Kansas racetracks. It would enable them
to survive as tourist and entertainment facilities and generate millions of dollars of needed
revenue to our state.--Don Biggs
Senator Hensley requests the record to show he concurs with the ``Explanation of Vote''
offered by Senator Biggs on Sub HB 2013.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to SENATE Substitute for Substitute for HB 2864, submits the following
report:
The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:
On page 8, by striking lines 25 through 30 and inserting ``Any public agency subject to
this act that knowingly violates any of the provisions of this act or that intentionally fails to
furnish information as required by this act shall be liable for the payment of a civil penalty
in an action brought by the attorney general or county or district attorney, in a sum set by
the court of not to exceed $500 for each violation.'';
Also on page 8, by striking lines 36 and 37; after line 37, by inserting the following:
``New Sec. 6. In investigating alleged violations of the Kansas open records act, the
attorney general or county or district attorney may:
(a) Subpoena witnesses, evidence, documents or other material;
(b) take testimony under oath;
(c) examine or cause to be examined any documentary material of whatever nature
relevant to such alleged violations;
(d) require attendance during such examination of documentary material and take
testimony under oath or acknowledgment in respect of any such documentary material; and
(e) serve interrogatories.
New Sec. 7. In investigating alleged violations of the Kansas open meetings act, the
attorney general or county or district attorney may:
(a) Subpoena witnesses, evidence, documents or other material;
(b) take testimony under oath;
(c) examine or cause to be examined any documentary material of whatever nature
relevant to such alleged violations;
(d) require attendance during such examination of documentary material and take
testimony under oath or acknowledgment in respect of any such documentary material; and
(e) serve interrogatories.
New Sec. 8. (a) It is the intent of the legislature that exceptions to disclosure under the
open records act shall be created or maintained only if:
(1) The public record is of a sensitive or personal nature concerning individuals;
(2) the public record is necessary for the effective and efficient administration of a
governmental program; or
(3) the public record affects confidential information.
The maintenance or creation of an exception to disclosure must be compelled as measured
by these criteria. Further, the legislature finds that the public has a right to have access to
public records unless the criteria in this section for restricting such access to a public record
are met and the criteria are considered during legislative review in connection with the
particular exception to disclosure to be significant enough to override the strong public
policy of open government. To strengthen the policy of open government, the legislature
shall consider the criteria in this section before enacting an exception to disclosure.
(b) All exceptions to disclosure in existence on July 1, 2000, shall expire on July 1, 2005,
and any new exception to disclosure or substantial amendment of an existing exception shall
expire on July 1 of the fifth year after enactment of the new exception or substantial
amendment, unless the legislature acts to reenact the exception. A law that enacts a new
exception or substantially amends an existing exception shall state that the exception expires
at the end of five years and that the exception shall be reviewed by the legislature before
the scheduled date.
(c) For purposes of this section, an exception is substantially amended if the amendment
expands the scope of the exception to include more records or information. An exception
is not substantially amended if the amendment narrows the scope of the exception.
(d) This section is not intended to repeal an exception that has been amended following
legislative review before the scheduled repeal of the exception if the exception is not
substantially amended as a result of the review.
(e) In the year before the expiration of an exception, the revisor of statutes shall certify
to the president of the senate and the speaker of the house of representatives, by June 1,
the language and statutory citation of each exception which will expire in the following year
which meets the criteria of an exception as defined in this section. Any exception that is not
identified and certified to the president of the senate and the speaker of the house of
representatives is not subject to legislative review and shall not expire. If the revisor of
statutes fails to certify an exception that the revisor subsequently determines should have
been certified, the revisor shall include the exception in the following year's certification
after that determination.
(f) ``Exception'' means any provision of law which creates an exception to disclosure or
limits disclosure under the open records act pursuant to K.S.A. 45-221, and amendments
thereto, or pursuant to any other provision of law.
(g) A provision of law which creates or amends an exception to disclosure under the
open records law shall not be subject to review and expiration under this act if such provision:
(1) Is required by federal law;
(2) applies solely to the legislature or to the state court system.
(h) (1) The legislature shall review the exception before its scheduled expiration and
consider as part of the review process the following:
(A) What specific records are affected by the exception;
(B) whom does the exception uniquely affect, as opposed to the general public;
(C) what is the identifiable public purpose or goal of the exception;
(D) whether the information contained in the records may be obtained readily by
alternative means and how it may be obtained;
(2) An exception may be created or maintained only if it serves an identifiable public
purpose and may be no broader than is necessary to meet the public purpose it serves. An
identifiable public purpose is served if the legislature finds that the purpose is sufficiently
compelling to override the strong public policy of open government and cannot be
accomplished without the exception and if the exception:
(A) Allows the effective and efficient administration of a governmental program, which
administration would be significantly impaired without the exception;
(B) protects information of a sensitive personal nature concerning individuals, the
release of which information would be defamatory to such individuals or cause unwarranted
damage to the good name or reputation of such individuals or would jeopardize the safety
of such individuals. Only information that would identify the individuals may be excepted
under this paragraph; or
(C) protects information of a confidential nature concerning entities, including, but not
limited to, a formula, pattern, device, combination of devices, or compilation of information
which is used to protect or further a business advantage over those who do not know or use
it, the disclosure of which information would injure the affected entity in the marketplace.
(3) Records made before the date of the expiration of an exception shall be subject to
disclosure as otherwise provided by law. In deciding whether the records shall be made
public, the legislature shall consider whether the damage or loss to persons or entities
uniquely affected by the exception of the type specified in paragraph (2)(B) or (2)(C) of this
subsection (h) would occur if the records were made public.
Sec. 9. K.S.A. 14-101 is hereby amended to read as follows: 14-101. (a) All cities now
organized and acting as cities of the second class, by virtue of the authority of former acts,
and all cities hereafter attaining a population of more than two thousand (2,000) 2,000 and
less than fifteen thousand (15,000) 15,000, shall be governed by the provisions of this act;
and whenever any city shall have hereafter attained a population of more than two thousand
(2,000), and such facts shall have been duly ascertained and certified by the proper
authorities of such city. Except as provided by this section, whenever the population of a
city exceeds 2,000, the governing body of such city shall certify such fact to the governor,.
The governor shall declare, by public proclamation, such city subject to the provisions of
this act: Provided,That. If the governing body of any city which has attained a population
of more than two thousand (2,000) 2,000 and less than five thousand (5,000) 5,000 shall
determine by resolution duly adopted that it would be more advantageous for such city to
continue to operate as a city of the third class, such governing body shall not be required
to so certify the population of such city to the governor and the laws relating to the cities
of the third class shall continue to be applicable to such city. The governing body of such
city shall, at the time of making the certificate herein provided for, make out and certification
required by this section shall transmit to the governor an accurate description by metes and
bounds of all the lands included within the limits of such city, and the additions thereto, if
any.
(b) The change in classification of any city under the provisions of this section shall take
effect on the date the proclamation of the governor is issued unless a later date is specified
therein, in which case the change and classification shall take place on such later date. The
governing board body of any such city, holding office at the time of the proclamation, shall
continue to be the governing board body of such city and the members of such board shall
hold their respective offices until the next city election in an odd-numbered year.
(c) Whenever the governor shall make issues a proclamation as herein provided for
required by this section, it shall be the duty of the mayor of the city affected thereby to call
a meeting of the city council, and the governing body shall. At such meeting, the governing
body shall divide the city into wards.
Thereupon, except as is otherwise provided by law, the county election officer shall
provide for registration of voters within ten (10) 10 days.
(d) The governor or the governor's designee shall send a notice of the issuance of a
proclamation by the governor pursuant to this section to the county clerk of the county in
which such city is located. Such notice also shall include a statement that land within the
corporate limits of such city is no longer located within the territory of any township. If
such city is located in more than one county, such notice shall be sent to the county clerk of
each county in which such city is located.
Sec. 10. K.S.A. 14-101, 45-222 and 45-223 and K.S.A. 1999 Supp. 45-221 are hereby
repealed.'';
By renumbering the remaining section accordingly;
On page 1, in the title, in line 12 by striking all after ``concerning''; in line 13, by striking
all before ``amending'' and inserting ``public agencies; relating to the state of Kansas and
local units of government; providing for local freedom of information officers; providing
penalties for violations of the open records act; providing certain powers to specified public
officials for investigation of violations of the Kansas open records act and the Kansas open
meetings act; relating to the changes in the classification of certain cities; relating to
employees of certain cities and counties''; in line 14, before ``45-222'' by inserting ``14-101,'';
And your committee on conference recommends the adoption of this report.
Janice L. Hardenburger
Ben Vidricksen
U.L. Gooch
Conferees on the part of Senate
Carlos Mayans
Kay O'Connor
Ruby Gilbert
Conferees on part of House
Senator Hardenburger moved the Senate adopt the Conference Committee Report on S
Sub for Sub HB 2864.
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 Conference Committee report was adopted.
ORIGINAL MOTION
Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House
of Representatives be suspended for the purpose of considering the following bills: S Sub
for Sub SB 554; HB 3054.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and S Sub for Sub SB 554; SR 1862; HB 3054 were advanced to Final Action, subject
to amendment, debate and roll call.
S Sub for Sub SB 554, An act concerning behavioral sciences; relating to professional
counselors; concerning licensure of psychologists; amending K.S.A. 74-5318, as amended
by section 27 of chapter 117 of the 1999 Session Laws of Kansas, 74-5319, 74-5321 and
K.S.A. 1998 Supp. 65-5802, as amended by section 1 of chapter 117 of the 1999 Session
Laws of Kansas, and K.S.A. 1999 Supp. 74-5320 and repealing the existing sections, was
considered on final action.
S Sub for Sub SB 554 was amended by adoption of the committee report recommending
a substitute bill.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The substitute bill passed.
SR 1862, A resolution establishing a study group to study and make recommendations
as to the Kansas Juvenile Offenders Code and the Kansas Code for Care of Children, 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.
HB 3054, An act providing for reconciliation of amendments to certain sections of the
Kansas Statutes Annotated; amending K.S.A. 1999 Supp. 19-101a, 20-367, 38-1808, 46-2201
and 75-7021, K.S.A. 1999 Supp. 16a-2-401, as amended by section 3 of 2000 House Bill
No. 2691, K.S.A. 32-920, as amended by section 1 of 2000 House Bill No. 2103, K.S.A.
1999 Supp. 32-937, as amended by section 1 of 2000 House Substitute for Senate Bill No.
568, K.S.A. 32-1032, as amended by section 4 of 2000 House Substitute for Senate Bill No.
568, K.S.A. 59-2287, as amended by section 7 of 2000 House Bill No. 2671, K.S.A. 1999
Supp. 65-1626, as amended by section 1 of 2000 Senate Bill No. 541, K.S.A. 75-4209, as
amended by section 15 of 2000 Senate Bill No. 501, and K.S.A. 75-4237, as amended by
section 16 of 2000 Senate Bill No. 501, and repealing the existing sections; also repealing
K.S.A. 1999 Supp. 19-101j, 20-367a, 31-133b, 38-1602b, 38-1808a, 46-2201a and 75-7021a,
K.S.A. 1999 Supp. 16a-1-301, as amended by section 1 of 2000 Senate Bill No. 445, K.S.A.
1999 Supp. 16a-2-401, as amended by section 2 of 2000 House Bill No. 2675, K.S.A. 32-
920, as amended by section 2 of 2000 House Bill No. 2762, K.S.A. 1999 Supp. 32-937, as
amended by section 1 of 2000 House Bill No. 2727, K.S.A. 32-1032, as amended by section
1 of 2000 House Bill No. 2976, K.S.A. 59-2287, as amended by section 7 of 2000 House
Bill No. 2673, K.S.A. 1999 Supp. 65-1626, as amended by section 1 of 2000 House Bill No.
2759, K.S.A. 75-4209, as amended by section 8 of 2000 Substitute for House Bill No. 2527,
and K.S.A. 75-4237, as amended by section 9 of 2000 Substitute for House Bill No. 2527,
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.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senators Emert, Hensley, Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark,
Corbin, Donovan, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen,
Petty, Praeger, Pugh, Ranson, Salisbury, Salamans, Steffes, Steineger, Stephens, Tyson,
Umbarger, Vidricksen and Vratil introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1863--
A RESOLUTION honoring certain Senate employees.
Be it resolved: That the 40 members of the 2000 Senate express their appreciation to
Senate Secretary Pat Saville and her staff for their tireless efforts on our behalf. They are
strictly nonpartisan. They work fast. They work with a smile. Their work continues long
after we leave following a day of debating and voting on bills and amendments. Although
we appreciate their efforts, we don't always remember to say so.
With apologies to the Reverend Fred Hollomon:
Who agrees to your request with a smile, and keeps on working all the while?
Who knows Senate rules and when you err, tells you gently and with care?
Who makes you look good in the chair?
Who hosts a luncheon every year, for Senate staff and leaders dear?
Who reminds you that your ``explanation of vote'' must be on a limited note.
Who tells her staff to get it right, or else they will be here all night?
Whose staff knows they will be here all night, even if they get it right?
The Senate Secretary and her staff, that's who!!!!!
Close enough for government work is not close enough for this team.
Congratulations and thank you to Senate Secretary Pat Saville and her excellent staff,
including Assistant Secretary Sandy Sadowski, and Marcena Absher, Joy Firestone, Thelma
Haefner, Ralph Hamblin, Carol Kirkwood, Brenda Kling, Helen Moreland, Martha Ozias,
Carol Parrett, Betty Quarnstrom, Judeanna Simnitt and Genny Tebben.
On emergency motion of Senator Emert SR 1863 was adopted unanimously.
REPORT ON ENGROSSED BILLS
SB 190 correctly re-engrossed April 28, 2000.
SB 12, 574 reported correctly engrossed April 29, 2000.
SB 380, 510 correctly re-engrossed April 29, 2000.
On motion of Senator Emert, the Senate recessed until 3:00 p.m.
______
Afternoon Session
The Senate met pursuant to recess with President Bond in the chair.
MESSAGE FROM THE HOUSE
Announcing, the House nonconcurs in Senate amendments to Substitute HB 2540,
requests a conference and has appointed Reps. Powell, Hutchins and Klein as conferees on
the part of the House.
The House adopts the Conference Committee Report to agree to disagree on SB 483
and has appointed Representatives O'Neal, Carmody and Pauls as second conferees on the
part of the House.
The House adopts the conference committee report on House Substitute SB 150.
The House adopts the conference committee report on SB 410.
The House adopts the conference committee report on Substitute SB 599.
Announcing, the House concurs in Senate amendments to HB 2814 and requests the
Senate to return the bill.
CHANGE OF REFERRAL OF APPOINTMENT
The President withdrew the appointment of Matthew Hickam, Long-term Care
Ombudsman, from the Committee on Public Health and Welfare, and referred the
appointment to the Committee on Confirmation Oversight.
ORIGINAL MOTION
On motion of Senator Oleen, the Senate acceded to the request of the House for a
conference on Sub HB 2540.
The President appointed Senators Oleen, Harrington and Jones as conferees on the part
of the Senate.
ORIGINAL MOTION
Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House
of Representatives be suspended for the purpose of considering the following bills: H Sub
for SB 150; SB 410, 483; Sub SB 599; S Sub for HB 2027, S Sub for HB 2224.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 150, submits the following report:
The Senate accedes to all House amendments to the substitute bill, and your committee
on conference further agrees to amend the bill, as printed with House Committee of the
Whole amendments, as follows:
On page 1, in line 21, by striking ``1998'' and inserting ``1999''; in line 30, by striking
``and'' and inserting ``, residency, visitation rights,'';
On page 2, in line 19, by striking ``a parent''; in line 20, after the stricken material, by
inserting ``visitation rights or''; also in line 20, by striking all after ``time'';
Also on page 2, by striking lines 21 through 43;
On page 3, by striking lines 1 through 43;
On page 4, by striking lines 1 through 23 and inserting the following:
``Sec. 3. K.S.A. 1999 Supp. 20-302b is hereby amended to read as follows: 20-302b. (a)
A district magistrate judge shall have the jurisdiction and power, in any case in which a
violation of the laws of the state is charged, to conduct the trial of traffic infractions, cigarette
or tobacco infractions or misdemeanor charges to conduct the preliminary examination of
felony charges and to hear felony arraignments subject to assignment pursuant to K.S.A.
20-329 and amendments thereto. In civil cases, a district magistrate judge shall have
concurrent jurisdiction, powers and duties with a district judge, except that, unless otherwise
specifically provided in subsection (b), a district magistrate judge shall not have jurisdiction
or cognizance over the following actions:
(1) Any action, other than an action seeking judgment for an unsecured debt not
sounding in tort and arising out of a contract for the provision of goods, services or money,
in which the amount in controversy, exclusive of interests and costs, exceeds $10,000, except
that in actions of replevin, the affidavit in replevin or the verified petition fixing the value
of the property shall govern the jurisdiction; nothing in this paragraph shall be construed as
limiting the power of a district magistrate judge to hear any action pursuant to the Kansas
probate code or to issue support orders as provided by paragraph (6) of this subsection;
(2) actions against any officers of the state, or any subdivisions thereof, for misconduct
in office;
(3) actions for specific performance of contracts for real estate;
(4) actions in which title to real estate is sought to be recovered or in which an interest
in real estate, either legal or equitable, is sought to be established, except that nothing in
this paragraph shall be construed as limiting the right to bring an action for forcible detainer
as provided in the acts contained in article 23 of chapter 61 of the Kansas Statutes Annotated,
and any acts amendatory thereof or supplemental thereto; and nothing in this paragraph
shall be construed as limiting the power of a district magistrate judge to hear any action
pursuant to the Kansas probate code;
(5) actions to foreclose real estate mortgages or to establish and foreclose liens on real
estate as provided in the acts contained in article 11 of chapter 60 of the Kansas Statutes
Annotated, and any acts amendatory thereof or supplemental thereto;
(6) actions for divorce, separate maintenance or custody of minor children, except that
nothing in this paragraph shall be construed as limiting the power of a district magistrate
judge to: (A) Hear any action pursuant to the Kansas code for care of children or the Kansas
juvenile justice code; (B) establish, modify or enforce orders of support, including, but not
limited to, orders of support pursuant to the Kansas parentage act, K.S.A. 23-451 et seq.,
39-718a, 39-718b, 39-755 or 60-1610 or K.S.A. 23-4,105 through 23-4,118, 23-4,125 through
23-4,137, 38-1542, 38-1543 or 38-1563, and amendments thereto; or (C) enforce orders
granting a parent visitation rights to the parent's child or parenting time;
(7) habeas corpus;
(8) receiverships;
(9) change of name;
(10) declaratory judgments;
(11) mandamus and quo warranto;
(12) injunctions;
(13) class actions;
(14) rights of majority; and
(15) actions pursuant to K.S.A. 59-29a01 et seq. and amendments thereto.
(b) Notwithstanding the provisions of subsection (a), in the absence, disability or
disqualification of a district judge, a district magistrate judge may:
(1) Grant a restraining order, as provided in K.S.A. 60-902 and amendments thereto;
(2) appoint a receiver, as provided in K.S.A. 60-1301 and amendments thereto; and
(3) make any order authorized by K.S.A. 60-1607 and amendments thereto.
(c) In accordance with the limitations and procedures prescribed by law, and subject to
any rules of the supreme court relating thereto, any appeal permitted to be taken from an
order or final decision of a district magistrate judge shall be tried and determined de novo
by a district judge, except that in civil cases where a record was made of the action or
proceeding before the district magistrate judge, the appeal shall be tried and determined
on the record by a district judge.
(d) Upon motion of a party, the chief judge may reassign an action from a district
magistrate judge to a district judge.'';
And by renumbering sections accordingly;
On page 4, in line 35, after the stricken material by inserting ``visitation rights or''; also
in line 35, by striking ``or custody rights''; in line 36, by striking ``the rights'' and inserting
``that time''; in line 37, after the stricken material by inserting ``the exercise of any visitation
rights or''; also in line 37, by striking ``or custody rights'';
On page 5, in line 4, by striking all after ``officer''; in line 5, by striking ``to K.S.A. 23-701,
and amendments thereto''; in line 7, by striking all before the period and inserting ``,
residency, visitation, parenting time, division of property or other issues''; in line 13, after
``court'' by inserting ``or hearing officer''; in line 14, by striking ``parenting time or division
of property'' and inserting ``, residency, visitation, parenting time, division of property or
other issues,''; also in line 14, by striking ``the''; in line 15, by striking all after the period;
by striking all in lines 16 and 17;
Also on page 5, by striking all in lines 33 through 43;
By striking all on pages 6 and 7;
On page 8, by striking lines 1 through 13 and inserting the following:
``Sec. 7. K.S.A. 1999 Supp. 23-701 is hereby amended to read as follows: 23-701. (a)
The purpose of this section is to enhance the enforcement of court ordered child visitation
rights granted by court order and parenting time by establishing an a simplified, expedited
procedure which is simplified enough to provide justice without necessitating the assistance
of legal counsel.
(b) If a parent has been granted visitation rights pursuant to K.S.A. 38-1121 or 60-1616,
and amendments thereto, and such rights are denied or interfered with by the other parent,
the parent having visitation rights may file with the clerk of the district court a motion for
enforcement of such rights. Such motion shall be filed on a form provided by the clerk of
the court. Upon the filing of the motion, the chief judge of the district court shall assign a
judge of the district court or the court trustee as a hearing officer to hear the motion. The
hearing officer shall immediately:
(1) Issue ex parte an order for mediation in accordance with K.S.A. 23-601 et seq., and
amendments thereto; or
(2) set a time and place for a hearing on the motion, which shall be not more than 21
days after the filing of the motion. A party who has been granted visitation rights or parenting
time may file with the court a motion alleging denial or interference with those rights and
enforcement of those rights. The district court shall provide a form on which such motion
may be filed. Such expedited matters shall be heard by a district judge, court trustee, or
magistrate, sitting as a hearing officer. The provisions of this section are in addition to those
enforcement procedures provided in the uniform child custody jurisdiction and enforcement
act, and amendments thereto, and other remedies provided by law.
(c) When a motion seeking expedited enforcement under subsection (b) is filed, the
hearing officer shall immediately:
(1) Set a time and place for a hearing on the motion, which shall not be more than 21
days after the date on which the motion was filed; or
(2) if deemed appropriate, issue an ex parte order for mediation in accordance with
K.S.A. 23-601 et seq., and amendments thereto.
(c) (d) If mediation ordered pursuant to subsection (b) (c) is completed, the mediator
shall submit a summary of the parties' understanding to the hearing officer within five days
after it is signed by the parties. Upon receipt of the summary, the hearing officer shall enter
an order in accordance with the parties' agreement or set a time and place for a hearing on
the matter, which shall be not more than 10 days after the summary is received by the
hearing officer.
(d) (e) If mediation ordered pursuant to subsection (b) (c) is terminated pursuant to
K.S.A. 23-604 and amendments thereto, the mediator shall report the termination to the
hearing officer within five days after the termination. Upon receipt of the report, if the
hearing officer is a district judge, such judge shall set the matter shall be set for hearing. If
the hearing officer is a district magistrate judge or a court trustee, the chief judge shall
assign the matter to a district judge who shall set the matter for hearing. Any such hearing
shall be not more than 10 days after the mediator's report of termination is received by the
hearing officer.
(e) (f) Notice of the hearing date set by the hearing officer shall be given to all interested
parties by certified mail, return receipt requested, or as the court may order.
(f) (g) If, upon a hearing pursuant to subsection (b), (c) or (d), the hearing officer or
judge finds that there has been an unreasonable interference with or denial of visitation
rights of one parent have been unreasonably denied or interfered with by the other parent
or parenting time, the hearing officer or judge may shall enter an order providing for one
or more of the following:
(1) A specific schedule for visitation schedule or parenting time;
(2) compensating visitation or parenting time for the visitation denied or interfered with
to the party suffering interference or denial of visitation or parenting time, which time shall
be of the same type (e.g., holiday, weekday, weekend, summer) as that denied or interfered
with and for which denial or interference was found and which shall be at the convenience
of the parent whose visitation was denied or interfered with party suffering the denial or
interference of visitation or parenting time;
(3) the posting of a bond, either cash or with sufficient sureties, conditioned upon
compliance with the order granting visitation rights or parenting time;
(4) assessment of reasonable attorney fees, mediation costs and costs of the proceedings
to enforce visitation rights or parenting time against the parent who unreasonably denied
or interfered with the other parent's visitation rights person responsible for the unreasonable
denial or interference with visitation or parenting time other than the child;
(5) attendance of one or both parents more of the parties to the action at counseling or
educational sessions which focus on the impact of visitation disputes on children of disputes
regarding visitation or parenting time. Expenses shall be assessed to the person responsible
for the denial or interference with visitation or parenting time;
(6) supervised visitation or parenting time; or
(7) any other remedy which the hearing officer or judge considers appropriate, except
that, if a hearing officer is not a district magistrate judge or court trustee, the hearing officer
shall not enter any order which grants a new order, or modifies a previous an existing order
granting, for child support, child custody, residency, or maintenance.
(g) (h) Decisions of any hearing officer who is not a district magistrate judges or court
trustees appointed pursuant to this section judge shall be subject to review by a district judge
on the motion of any party filed within 10 days after the order was entered.
(h) (i) In no case shall final disposition of a motion filed pursuant to this section take
place more than 45 days after the filing of such motion.'';
And by renumbering sections accordingly;
Also on page 8, in lines 14 and 23, by striking ``1998'' and inserting ``1999''; in lines 20
and 25 after ``custody'' by inserting ``, residency, visitation''; in line 29, after the stricken
material, by inserting ``child visitation or''; in line 37, by striking ``parties''; also in line 37,
after ``filing'' by inserting ``of''; in line 38, after the stricken material, by inserting ``residency,
visitation,'';
On page 9, in line 18, by striking ``1998'' and inserting ``1999'';
On page 10, in line 40, after ``custody'' by inserting ``, residency''; in line 41, after the
period by inserting ``If the parties have an agreed parenting plan it shall be presumed the
agreed parenting plan is in the best interest of the child. This presumption may be overcome
and the court may make a different order if the court makes specific findings of fact stating
why the agreed parenting plan is not in the best interest of the child. If the parties are not
in agreement on a parenting plan, each party shall submit a proposed parenting plan to the
court for consideration at such time before the final hearing as may be directed by the
court.'';
On page 11, in line 28, after ``thereto'' by inserting ``, or under the uniform child custody
jurisdiction and enforcement act''; in line 29, by striking ``1998'' and inserting ``1999''; by
striking all in line 31; in line 32, by striking all before ``pursuant'' and inserting ``granted
rights''; also in line 32, before ``K.S.A.'' by inserting ``subsection (d) of''; in line 33, by striking
``cus-''; in line 34, by striking all before ``pursuant'' and inserting ``rights''; in line 35, by
striking ``21'' and inserting ``30''; in line 36, by striking all after ``child''; in line 37, by striking
all before the semicolon;
On page 12, in line 7, following the period by inserting ``In determining any such motion,
the court shall consider all factors the court deems appropriate including, but not limited
to:
(1) The effect of the move on the best interests of the child;
(2) the effect of the move on any party having rights granted pursuant to subsection (d)
of K.S.A. 38-1121, and amendments thereto; and
(3) the increased cost the move will impose on any party seeking to exercise rights
granted under subsection (d) of K.S.A. 38-1121, and amendments thereto.''; also in line 7,
by striking all after the period; by striking all in lines lines 8 through 18; in line 19, by striking
``entitled to the custody of a child'' and inserting ``who has been granted rights''; also in line
19, before ``K.S.A.'', by inserting ``subsection (d) of''; in line 27, by striking ``1998'' and
inserting ``1999'';
On page 13, in line 15, by striking ``If necessary, custody'' and inserting ``Custody,
residency'';
On page 14, by striking all in lines 5 through 43;
By striking all on pages 15 through 29;
On page 30, by striking all in lines 1 through 25;
And by renumbering sections accordingly;
On page 30, in line 26, by striking ``1998'' and inserting ``1999'';
On page 32, in line 9, by striking ``1998'' and inserting ``1999''; in line 20, by striking ``joint
shared'' and inserting ``legal''; also in line 20, by striking ``of'' and inserting ``and residency
of and parenting time with''; in line 22, by striking all after ``action''; by striking all in lines
23 through 28; in line 29, by striking all before the semicolon; in line 30, after ``(4)'' by
inserting ``require mediation between the parties on issues, including, but not limited to,
child custody, residency, division of property, parenting time and development of a parenting
plan;'';
And by renumbering subsections (4) and (5) as subsections (5) and (6);
Also on page 32, in line 35, by striking ``and'' and inserting a comma; in line 36, after
``(3)'' by inserting ``and (4)''; in line 37, by striking ``but'' and inserting ``except that''; in lines
38 and 39, by striking ``custody'' and inserting ``residency''; in line 42, by striking ``that'' and
inserting ``on which'';
On page 33, after line 33, by inserting the following:
``(d) If an interlocutory order for legal custody, residency, or parenting time is sought,
the party seeking such order shall file a proposed temporary parenting plan as provided by
section 25, and amendments thereto, at the time such order is sought. If any motion is filed
to modify any such interlocutory orders, or in opposition to a request for issuance of
interlocutory orders, that party shall attach to such motion or opposition a proposed
alternative parenting plan.'';
Also on page 33, in line 34, by striking ``(d)'' and inserting ``(e)''; in line 37, by striking
``1998'' and inserting ``1999'';
On page 35, in line 12, by striking all after ``during''; in line 13, by striking all before the
comma and inserting ``any period provided in such decree''; in line 15, after ``time'' by
inserting ``, except that if the residential parent shows that the criteria for the abatement
has not been satisfied there shall not be an abatement of such child support''; also in line
15, by striking all after the period; by striking all in lines 16 through 18; in line 20, after
``jurisdiction'' by inserting ``and enforcement''; also in line 20, by striking ``(K.S.A. 38-''; in
line 21, by striking all before the comma and inserting ``(sections 31 through 72, and
amendments thereto)''; in line 22, after ``custody'' by inserting ``, residency, visitation and
parenting time,''; in line 23, by striking ``the custody'' and inserting ``residency''; in line 24,
by striking ``custody'' and inserting ``residency''; in line 36, by striking all after ``have''; in
line 37, by striking all before ``presumed'' and inserting ``entered into a parenting plan, it
shall be''; in line 40, by striking ``agreement'' and inserting ``agreed parenting plan''; in line
41, before ``custody'' by inserting ``child''; also in line 41, by striking ``or'' and inserting a
comma; also in line 41, by striking ``of a child'' and inserting ``and parenting time'';
On page 36, in line 18, before ``custodial'' by inserting ``legal''; in line 20, by striking all
after ``shall''; in line 21, by striking all before ``one'' and inserting ``provide''; also in line 21,
before the second comma, by inserting ``legal custody arrangements''; in line 22, by striking
``shared'' and inserting ``legal''; also in line 22, by striking ``place the'' and inserting ``order
the joint legal''; in line 23, by striking ``on a''; also in line 23, by striking ``joint shared basis'';
in line 25, by striking ``under their custody''; also in line 25, by striking all after the period;
by striking all in lines 26 through 38; in line 39, after ``Sole'' by inserting ``legal''; also in line
39, by striking ``place the'' and inserting ``order the sole legal''; by striking all in lines 40
through 43, and inserting ``of the parties when the court finds that it is not in the best
interests of the child that both of the parties have equal rights to make decisions pertaining
to the child. If the court does not order joint legal custody, the court shall include on the
record specific findings of fact upon which the order for sole legal custody is based. The
award of sole legal custody to one parent shall not deprive the other parent of access to
information regarding the child unless the court shall so order, stating the reasons for that
determination.'';
On page 37, by striking all in lines 1 and 2 and inserting the following:
``(5) Types of residential arrangements. After making a determination of the legal
custodial arrangements, the court shall determine the residency of the child from the
following options, which arrangement the court must find to be in the best interest of the
child. The parties shall submit to the court either an agreed parenting plan or, in the case
of dispute, proposed parenting plans for the court's consideration. Such options are:
(A) Residency. The court may order a residential arrangement in which the child resides
with one or both parents on a basis consistent with the best interests of the child.
(B) Divided residency. In an exceptional case, the court may order a residential
arrangement in which one or more children reside with each parent and have parenting
time with the other.'';
Also on page 37, in line 3, by striking ``(D)'' and inserting ``(C)''; also in line 3, by striking
``custody'' and inserting ``residency''; in line 4, by striking ``: (i) The'' and inserting ``the''; in
line 6, by striking ``; (ii)'' and inserting ``or that''; also in line 6, by striking ``custody''; by
striking all in lines 7 and 8; in line 9, by striking all before the comma and inserting
``residency''; in line 10, by striking ``custody'' and inserting ``residency''; also in line 10, by
striking ``such relative'' and inserting ``a grandparent, aunt, uncle or adult sibling, or''; in line
11, by striking ``relative, another''; in lines 12, 14, 16, 18, 22 and 25 by striking ``custody''
and inserting ``residency''; in line 26, by striking all before the comma; by striking all in lines
38 through 43;
On page 38, by striking all in line 1;
On page 39, in line 28, after the period, by inserting ``A separation agreement may include
provisions relating to a parenting plan.''; in line 30, by striking ``for the custody'' and inserting
``relating to the legal custody, residency, visitation parenting time''; in line 33, before
``custody'' by inserting ``legal''; in line 34, before ``support'' by inserting ``, residency,
visitation, parenting time,'';
On page 40, in line 12, after the stricken material, by inserting ``visitation or''; in line 14,
after the stricken material, by inserting ``legal custody, residency, visitation rights or''; also
in line 14, by striking ``or custody''; in line 23, after ``determining'' by inserting ``legal''; also
in line 23, after ``custody'' by inserting ``, residency, visitation rights''; after line 26, by
inserting the following:
``Sec. 18. K.S.A. 60-1615 is hereby amended to read as follows: 60-1615. (a)
Investigation and report. In contested any proceeding in which legal custody proceedings,
residency, visitation rights or parenting time are contested, the court may order an
investigation and report concerning custodial arrangements for the child the appropriate
legal custody, residency, visitation rights and parenting time to be granted to the parties.
The investigation and report may be made by court services officers or any consenting person
or agency employed by the court for that purpose. The court may use the department of
social and rehabilitation services to make the investigation and report if no other source is
available for that purpose. The costs for making the investigation and report may be assessed
as court costs in the case as provided in article 20 of chapter 60 of the Kansas Statutes
Annotated, and amendments thereto.
(b) Consultation. In preparing the report concerning a child, the investigator may
consult any person who may have information about the child and the potential legal
custodial arrangements. Upon order of the court, the investigator may refer the child to
professional personnel other professionals for diagnosis. The investigator may consult with
and obtain information from medical, psychiatric or other expert persons who have served
the child in the past. If the requirements of subsection (c) are fulfilled, the investigator's
report may be received in evidence at the hearing.
(c) Use of report and investigator's testimony. The court shall make the investigator's
report available prior to the hearing to counsel or to any party not represented by counsel.
Upon motion of either party, the report may be made available to a party represented by
counsel, unless the court finds that such distribution would be harmful to either party, the
child or other witnesses. Any party to the proceeding may call the investigator and any person
whom the investigator has consulted for cross-examination. In consideration of the mental
health or best interests of the child, the court may approve a stipulation that the interview
records not be divulged to the parties.'';
And by renumbering sections accordingly;
Also on page 40, in line 27, by striking ``1998'' and inserting ``1999''; in line 28, by striking
all after ``parent''; in line 29, by striking ``of the child''; in line 30, after the stricken material,
by inserting ``the exercise of''; also in line 30, after ``would'' by inserting ``seriously''; in line
31, by striking ``seriously''; in line 37, after the stricken material, by inserting ``visitation
rights or''; in line 38, by striking ``to a parent''; in line 39, after ``with'' by inserting ``the
uniform child custody jurisdiction and enforcement act, or''; in line 41, after the stricken
material, by inserting ``visitation rights or''; also in line 41, by striking ``to a parent''; in line
43, by striking ``child'' and inserting ``legal''; also in line 43, after ``custody'' by inserting ``,
residency, visitation or parenting time'';
On page 41, by striking all in lines 1 through 3; in line 4, by striking ``(g)'' and inserting
``(f)''; in lines 4, 5, 6 and 7, by striking ``parenting time'' and inserting ``visitation''; in line 9,
by striking ``A parent'' and inserting ``Any party''; in line 10, after the stricken material, by
inserting ``visitation rights or''; also in line 10, by striking ``rights''; in line 11, by striking
``parenting time'' the first time the phrase appears and inserting ``visitation''; in lines 12 and
14 by striking ``parenting time'' and inserting ``visitation''; in line 17, by striking all after the
second period; in line 18, by striking all before ``any'' and inserting ``At''; also in line 18, by
striking ``to''; in line 19, by striking ``that the'' and inserting ``the court may order that any
party or''; in line 24, by striking ``with regard to'' and inserting ``regarding''; also in line 24,
after ``of'' by inserting ``legal''; also in line 24, by striking ``and''; also in line 24, after the
stricken material, by inserting ``, residency, visitation or''; in line 26, by striking all after
``available''; in line 27, by striking all before ``professional'' and inserting ``as provided by
K.S.A. 60-1615, and amendments thereto. Any''; in line 28, after ``section'' by inserting ``may
be examined as a witness''; in line 36, by striking ``1998'' and inserting ``1999''; by striking
all in line 38 and inserting ``entitled to legal''; in line 39, by striking ``of'' and inserting ``or
residency of or parenting time with''; in line 40, by striking ``21'' and inserting ``30''; in line
41, by striking ``to'' the second time it appears; also in line 41, by striking ``another state'';
in line 42, by striking all before the semicolon;
On page 42, in line 9, by striking ``from this state''; in line 11, after ``of'' the third time it
appears, by inserting ``legal custody, residency,''; in line 12, by striking ``, custody''; also in
line 12, after the period by inserting ``In determining any motion seeking a modification of
a prior order based on change of residence or removal as described in (a), the court shall
consider all factors the court deems appropriate including, but not limited to: (1) The effect
of the move on the best interests of the child; (2) the effect of the move on any party having
rights granted pursuant to K.S.A. 60-1610, and amendments thereto; and (3) the increased
cost the move will impose on any party seeking to exercise rights granted under K.S.A. 60-
1610, and amendments thereto.''; also in line 12, by striking ``In considering a motion al-'';
by striking all in lines 13 through 23;
Also on page 42, in line 24, before ``custody'' by inserting ``legal''; also in line 24, before
``of'' by inserting ``or residency''; in line 30, by striking ``1998'' and inserting ``1999''; in line
31, by striking ``post divorce'' and inserting ``post-decree''; in line 32, by striking ``child'' the
first time it appears and inserting ``legal''; also in line 32, after ``custody'' by inserting ``,
residency, visitation rights or parenting time''; also in line 32, after the comma, by inserting
``or for''; also in line 32, by striking ``or a change in''; in line 33, by striking ``parenting time'';
in line 42, by striking ``1998'' and inserting ``1999'';
On page 43, in line 15, after ``existing'' by inserting ``order granting legal''; also in line 15,
after ``residency'' by inserting ``, visitation''; also in line 15, by striking ``order''; in line 21,
by striking ``1998''; and inserting ``1999''; in line 31, by striking ``1998'' and inserting ``1999'';
in line 39, by striking ``1998'' and inserting ``1999'';
On page 44, in lines 21, 23 and 27 after ``seq.'' by inserting ``, or K.S.A. 38-1101 et seq.,'';
On page 45, by striking all in lines 20 through 43;
By striking all in pages 46 and 47;
On page 48, by striking all in lines 1 and 2, and inserting the following:
``New Sec. 25. (a) ``Temporary parenting plan'' means an agreement or order issued
defining the legal custody, residency and parenting time to be exercised by parents with
regard to a child between the time of filing of a matter in which a parenting plan may be
entered, and any other provisions regarding the child's care which may be in the best interest
of the child, until a final order is issued.
(b) ``Permanent parenting plan'' means an agreement between parents which is
incorporated into an order at a final hearing or an order or decree issued at a final hearing
without agreement that establishes legal custody, residency, parenting time and other
matters regarding a child custody arrangement in a matter in which a parenting plan may
be entered.
(c) ``Legal custody'' means the allocation of parenting responsibilities between parents,
or any person acting as a parent, including decision making rights and responsibilities
pertaining to matters of child health, education and welfare.
New Sec. 26. (a) The court may enter a temporary parenting plan in any case in which
temporary orders relating to child custody is authorized.
(b) If the court deems it appropriate, a temporary parenting plan approved by the court
may include one or more of the following provisions regarding children involved in the
matter before the court:
(1) Designation of the temporary legal custody of the child;
(2) designation of a temporary residence for the child;
(3) allocation of parental rights and responsibilities regarding matters pertaining to the
child's health, education and welfare;
(4) a schedule for the child's time with each parent, when appropriate.
(c) A parent seeking a temporary order in which matters of child custody, residency, or
parenting time are included shall file a proposed temporary parenting plan contemporaneous
with any request for issuance of such temporary orders, which plan shall be served with any
such temporary orders.
(d) If the parent who has not filed a proposed temporary parenting plan disputes the
allocation of parenting responsibilities, residency, parenting time or other matters included
in the proposed temporary parenting plan, that parent shall file and serve a responsive
proposed temporary parenting plan.
(e) Either parent may move to have a proposed temporary parenting plan entered as
part of a temporary order. The parents may enter an agreed temporary parenting plan at
any time as part of a temporary order.
(f) A parent may move for amendment of a temporary parenting plan, and the court
may order amendment to the temporary parenting plan, if the amendment is in the best
interest of the child.
(g) If a proceeding for divorce, separate maintenance, annulment or determination of
parentage is dismissed, any temporary parenting plan is vacated.
New Sec. 27. (a) The objectives of the permanent parenting plan are to:
(1) Establish a proper allocation of parental rights and responsibilities;
(2) establish an appropriate working relationship between the parents such that matters
regarding the health, education and welfare of their child is best determined;
(3) provide for the child's physical care;
(4) set forth an appropriate schedule of parenting time;
(5) maintain the child's emotional stability;
(6) provide for the child's changing needs as the child grows and matures in a way that
minimizes the need for future modifications to the permanent parenting plan;
(7) minimize the child's exposure to harmful parental conflict;
(8) encourage the parents, where appropriate, to meet their responsibilities to their
minor children through agreements in the permanent parenting plan, rather than by relying
on judicial intervention; and
(9) otherwise protect the best interests of the child.
(b) A permanent parenting plan may consist of a general outline of how parental
responsibilities and parenting time will be shared and may allow the parents to develop a
more detailed agreement on an informal basis; however, a permanent parenting plan must
set forth the following minimum provisions:
(1) Designation of the legal custodial relationship of the child;
(2) a schedule for the child's time with each parent, when appropriate; and
(3) a provision for a procedure by which disputes between the parents may be resolved
without need for court intervention.
(c) A detailed permanent parenting plan shall include those provisions required by
subsection (b), and may include, but need not be limited to, provisions relating to:
(1) Residential schedule;
(2) holiday, birthday and vacation planning;
(3) weekends, including holidays and school inservice days preceding or following
weekends;
(4) allocation of parental rights and responsibilities regarding matters pertaining to the
child's health, education and welfare;
(5) sharing of and access to information regarding the child;
(6) relocation of parents;
(7) telephone access;
(8) transportation; and
(9) methods for resolving disputes.
(d) The court shall develop a permanent parenting plan, which may include such
detailed provisions as the court deems appropriate, when:
(1) So requested by either parent; or
(2) the parent or parents are unable to develop a parenting plan.
New Sec. 28. (a) The court shall inform the parents, or require them to be informed,
about:
(1) How to prepare a parenting plan;
(2) the impact of family dissolution on children and how the needs of children facing
family dissolution can best be addressed;
(3) the impact of domestic abuse on children, and resources for addressing domestic
abuse; and
(4) mediation or other nonjudicial procedures designed to help them achieve an
agreement.
(b) The court may require the parents to attend parent education classes.
(c) If parents are unable to resolve issues and agree to a parenting plan, the court may
require mediation, unless mediation is determined inappropriate in the particular case.
(d) The clerk of the district court shall supply forms and information prescribed by the
supreme court which may be used for submission of temporary and permanent parenting
plans.
New Sec. 29. (a) An action for interspousal tort shall not be consolidated with an action
under K.S.A. 60-1601, et seq., and amendments thereto, unless the parties agree to
consolidation and consolidation is approved by the court.
(b) A decree of divorce or separate maintenance granted under subsections (a)(1) or
(3) of K.S.A. 60-1601, and amendments thereto, shall not preclude an action for interspousal
tort.
(c) A decree of divorce or separate maintenance granted under subsection (a)(2) of
K.S.A. 60-1601, and amendments thereto, shall preclude an action for interspousal tort
based upon the same factual allegations. An action for interspousal tort which has been
finally determined shall preclude an action under subsection (a)(2) of K.S.A. 60-1601, and
amendments thereto, based upon the same factual allegations.
New Sec. 30. (a) A party filing a motion to modify a final order pertaining to child
custody or residential placement pursuant to K.S.A. 38-1101 et seq. or K.S.A. 60-1601 et
seq., and amendments thereto, shall include with specificity in the verified motion, or in an
accompanying affidavit, all known factual allegations which constitute the basis for the
change of custody or residential placement. If the court finds that the allegations set forth
in the motion or the accompanying affidavit fail to establish a prima facie case, the court
shall deny the motion. If the court finds that the motion establishes a prima facie case, the
matter may be tried on factual issues.
(b) In the event the court is asked to issue an ex parte order modifying a final child
custody or residential placement order based on alleged emergency circumstances, the court
shall:
(1) Attempt to have the nonmoving party's counsel, if any, present before taking up the
matter.
(2) Set the matter for review hearing at the earliest possible court setting after issuance
of the ex parte order, but in no case later than 15 days after issuance.
(3) Require personal service of the order and notice of review hearing on the nonmoving
party.
No ex parte order modifying a final custody or residential placement order shall be
entered without sworn testimony to support a showing of the alleged emergency.
New Sec. 31. (UCCJEA 101). The provisions of sections 31 through 72 may be cited
as the uniform child-custody jurisdiction and enforcement act.
New Sec. 32. (UCCJEA 102). As used in sections 31 through 72:
(1) ``Abandoned'' means left without provision for reasonable and necessary care or
supervision.
(2) ``Act'' means the uniform child-custody jurisdiction and enforcement act.
(3) ``Child'' means an individual who has not attained 18 years of age.
(4) ``Child-custody determination'' means a judgment, decree or other order of a court
providing for the legal custody, physical custody or visitation with respect to a child. The
term includes a permanent, temporary, initial and modification order. The term does not
include an order relating to child support or other monetary obligation of an individual.
(5) ``Child-custody proceeding'' means a proceeding in which legal custody, physical
custody, or visitation with respect to a child is an issue. The term includes a proceeding for
divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of
parental rights, and protection from domestic violence, in which the issue may appear. The
term does not include a proceeding involving juvenile delinquency, contractual
emancipation, or enforcement under sections 53 through 69 and amendments thereto.
(6) ``Commencement'' means the filing of the first pleading in a proceeding.
(7) ``Court'' means an entity authorized under the law of a state to establish, enforce,
or modify a child-custody determination.
(8) ``Home state'' means the state in which a child lived with a parent or a person acting
as a parent for at least six consecutive months immediately before the commencement of a
child-custody proceeding. In the case of a child less than six months of age, the term means
the state in which the child lived from birth with any of the persons mentioned. A period
of temporary absence of any of the mentioned persons is part of the period.
(9) ``Initial determination'' means the first child-custody determination concerning a
particular child.
(10) ``Issuing court'' means the court that makes a child-custody determination for which
enforcement is sought under this act.
(11) ``Issuing state'' means the state in which a child-custody determination is made.
(12) ``Modification'' means a child-custody determination that changes, replaces,
supersedes, or is otherwise made after a previous determination concerning the same child,
whether or not it is made by the court that made the previous determination.
(13) ``Person'' means an individual, corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture, government; governmental subdivision,
agency, or instrumentality; public corporation; or any other legal or commercial entity.
(14) ``Person acting as a parent'' means a person, other than a parent, who:
(A) Has physical custody of the child or has had physical custody for period of six
consecutive months, including any temporary absence, within one year immediately before
the commencement of a child-custody proceeding; and
(B) has been awarded legal custody by a court or claims a right to legal custody under
the law of this state.
(15) ``Physical custody'' means the physical care and supervision of a child.
(16) ``State'' means a state of the United States, the District of Columbia, Puerto Rico,
the United States Virgin Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
(17) ``Tribe'' means an Indian tribe or band, or Alaskan Native village, which is
recognized by federal law or formally acknowledged by a state.
(18) ``Warrant'' means an order issued by a court authorizing law enforcement officers
to take physical custody of a child.
New Sec. 33. (UCCJEA 103). This act does not govern a proceeding pertaining to the
authorization of emergency medical care for a child.
New Sec. 34. (UCCJEA 104). (a) A child-custody proceeding that pertains to an Indian
child as defined in the Indian child welfare act, 25 U.S.C. § 1901 et seq., is not subject
to this act to the extent that it is governed by the Indian child welfare act.
(b) A court of this state shall treat a tribe as if it were a state of the United States for
the purpose of applying sections 31 through 52 and amendments thereto.
(c) A child-custody determination made by a tribe under factual circumstances in
substantial conformity with the jurisdictional standards of this act must be recognized and
enforced under sections 53 through 69 and amendments thereto.
New Sec. 35. (UCCJEA 105). (a) A court of this state shall treat a foreign country as
if it were a state of the United States for the purpose of applying sections 31 through 52
and amendments thereto.
(b) Except as otherwise provided in subsection (c), a child-custody determination made
in a foreign country under factual circumstances in substantial conformity with the
jurisdictional standards of this act must be recognized and enforced under sections 53
through 69 and amendments thereto.
(c) A court of this state need not apply this act if the child custody law of a foreign
country violates fundamental principles of human rights.
New Sec. 36. (UCCJEA 106). A child-custody determination made by a court of this
state that had jurisdiction under this act binds all persons who have been served in
accordance with the laws of this state or notified in accordance with section 38 and
amendments thereto, or who have submitted to the jurisdiction of the court, and who have
been given an opportunity to be heard. As to those persons, the determination is conclusive
as to all decided issues of law and fact except to the extent the determination is modified.
New Sec. 37. (UCCJEA 107). If a question of existence or exercise of jurisdiction under
this act is raised in a child-custody proceeding, the question, upon request of a party, must
be given priority on the calendar and handled expeditiously.
New Sec. 38. (UCCJEA 108). (a) Notice required for the exercise of jurisdiction when
a person is outside this state may be given in a manner prescribed by the law of this state
for service of process or by the law of the state in which the service is made. Notice must
be given in a manner reasonably calculated to give actual notice but may be by publication
if other means are not effective.
(b) Proof of service may be made in the manner prescribed by the law of this state or
by the law of the state in which the service is made.
(c) Notice is not required for the exercise of jurisdiction with respect to a person who
submits to the jurisdiction of the court.
New Sec. 39. (UCCJEA 109). (a) A party to a child-custody proceeding, including a
modification proceeding, or a petitioner or respondent in a proceeding to enforce or register
a child-custody determination, is not subject to personal jurisdiction in this state for another
proceeding or purpose solely by reason of having participated, or of having been physically
present for the purpose of participating, in the proceeding.
(b) A person who is subject to personal jurisdiction in this state on a basis other than
physical presence is not immune from service of process in this state. A party present in
this state who is subject to the jurisdiction of another state is not immune from service of
process allowable under the laws of that state.
(c) The immunity granted by subsection (a) does not extend to civil litigation based on
acts unrelated to the participation in a proceeding under this act committed by an individual
while present in this state.
New Sec. 40. (UCCJEA 110). (a) A court of this state may communicate with a court
in another state concerning a proceeding arising under this act.
(b) The court may allow the parties to participate in the communication. If the parties
are not able to participate in the communication, they must be given the opportunity to
present facts and legal arguments before a decision on jurisdiction is made.
(c) Communication between courts on schedules, calendars, court records, and similar
matters may occur without informing the parties. A record need not be made of the
communication.
(d) Except as otherwise provided in subsection (c), a record must be made of a
communication under this section. The parties must be informed promptly of the
communication and granted access to the record.
(e) For the purposes of this section, ``record'' means information that is inscribed on a
tangible medium or that is stored in an electronic or other medium and is retrievable in
perceivable form.
New Sec. 41. (UCCJEA 111). (a) In addition to other procedures available to a party,
a party to a child-custody proceeding may offer testimony of witnesses who are located in
another state, including testimony of the parties and the child, by deposition or other means
allowable in this state for testimony taken in another state. The court on its own motion
may order that the testimony of a person be taken in another state and may prescribe the
manner in which and the terms upon which the testimony is taken.
(b) A court of this state may permit an individual residing in another state to be deposed
or to testify by telephone, audiovisual means, or other electronic means before a designated
court or at another location in that state. A court of this state shall cooperate with courts of
other states in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this state by
technological means that do not produce an original writing may not be excluded from
evidence on an objection based on the means of transmission.
New Sec. 42. (UCCJEA 112). (a) A court of this state may request the appropriate
court of another state to:
(1) Hold an evidentiary hearing;
(2) order a person to produce or give evidence pursuant to procedures of that state;
(3) order that an evaluation be made with respect to the custody of a child involved in
a pending proceeding;
(4) forward to the court of this state a certified copy of the transcript of the record of
the hearing, the evidence otherwise presented, and any evaluation prepared in compliance
with the request; and
(5) order a party to a child-custody proceeding or any person having physical custody
of the child to appear in the proceeding with or without the child.
(b) Upon request of a court of another state, a court of this state may hold a hearing or
enter an order described in subsection (a).
(c) Travel and other necessary and reasonable expenses incurred under subsections (a)
and (b) may be assessed against the parties according to the law of this state.
(d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings,
evaluations, and other pertinent records with respect to a child-custody proceeding until
the child attains 18 years of age. Upon appropriate request by a court or law enforcement
official of another state, the court shall forward a certified copy of those records.
New Sec. 43. (UCCJEA 201). (a) Except as otherwise provided in section 46 and
amendments thereto, a court of this state has jurisdiction to make an initial child-custody
determination only if:
(1) This state is the home state of the child on the date of the commencement of the
proceeding, or was the home state of the child within six months before the commencement
of the proceeding and the child is absent from this state but a parent or person acting as a
parent continues to live in this state;
(2) a court of another state does not have jurisdiction under paragraph (1), or a court
of the home state of the child has declined to exercise jurisdiction on the ground that this
state is the more appropriate forum under section 49 or 50 and amendments thereto, and:
(A) The child and the child's parents, or the child and at least one parent or a person
acting as a parent, have a significant connection with this state other than mere physical
presence; and
(B) substantial evidence is available in this state concerning the child's care, protection,
training, and personal relationships;
(3) all courts having jurisdiction under paragraph (1) or (2) have declined to exercise
jurisdiction on the ground that a court of this state is the more appropriate forum to
determine the custody of the child under section 49 or 50 and amendments thereto; or
(4) no court of any other state would have jurisdiction under the criteria specified in
paragraph (1), (2), or (3).
(b) Subsection (a) is the exclusive jurisdictional basis for making a child-custody
determination by a court of this state.
(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary
or sufficient to make a child-custody determination.
New Sec. 44. (UCCJEA 202). (a) Except as otherwise provided in section 46 and
amendments thereto, a court of this state which has made a child-custody determination
consistent with section 43 or 45 and amendments thereto, has exclusive, continuing
jurisdiction over the determination until:
(1) A court of this state determines that neither the child, the child's parents, and any
person acting as a parent do not have a significant connection with this state and that
substantial evidence is no longer available in this state concerning the child's care,
protection, training, and personal relationships; or
(2) a court of this state or a court of another state determines that the child, the child's
parents, and any person acting as a parent do not presently reside in this state.
(b) A court of this state which has made a child-custody determination and does not
have exclusive, continuing jurisdiction under this section may modify that determination
only if it has jurisdiction to make an initial determination under section 43 and amendments
thereto.
New Sec. 45. (UCCJEA 203). Except as otherwise provided in section 46 and
amendments thereto, a court of this state may not modify a child-custody determination
made by a court of another state unless a court of this state has jurisdiction to make an
initial determination under subsection (a)(1) or (2) of section 43 and amendments thereto,
and:
(1) The court of the other state determines it no longer has exclusive, continuing
jurisdiction under section 44 and amendments thereto, or that a court of this state would
be a more convenient forum under section 49 and amendments thereto; or
(2) a court of this state or a court of the other state determines that the child, the child's
parents, and any person acting as a parent do not presently reside in the other state.
New Sec. 46. (UCCJEA 204). (a) A court of this state has temporary emergency
jurisdiction if the child is present in this state and the child has been abandoned or it is
necessary in an emergency to protect the child because the child, or a sibling or parent of
the child, is subjected to or threatened with mistreatment or abuse.
(b) If there is no previous child-custody determination that is entitled to be enforced
under this act and a child-custody proceeding has not been commenced in a court of a state
having jurisdiction under sections 43 through 45 and amendments thereto, a child-custody
determination made under this section remains in effect until an order is obtained from a
court of a state having jurisdiction under sections 43 through 45 and amendments thereto.
If a child-custody proceeding has not been or is not commenced in a court of a state having
jurisdiction under sections 43 through 45 and amendments thereto, a child-custody
determination made under this section becomes a final determination, if it so provides and
this state becomes the home state of the child.
(c) If there is a previous child-custody determination that is entitled to be enforced
under this act, or a child-custody proceeding has been commenced in a court of a state
having jurisdiction under sections 43 through 45 and amendments thereto, any order issued
by a court of this state under this section must specify in the order a period that the court
considers adequate to allow the person seeking an order to obtain an order from the state
having jurisdiction under sections 43 through 45 and amendments thereto. The order issued
in this state remains in effect until an order is obtained from the other state within the
period specified or the period expires.
(d) A court of this state which has been asked to make a child-custody determination
under this section, upon being informed that a child-custody proceeding has been
commenced in, or a child-custody determination has been made by, a court of a state having
jurisdiction under sections 43 through 45 and amendments thereto, shall immediately
communicate with the other court. A court of this state which is exercising jurisdiction
pursuant to sections 43 through 45 and amendments thereto, upon being informed that a
child-custody proceeding has been commenced in, or a child-custody determination has
been made by, a court of another state under a statute similar to this section shall
immediately communicate with the court of that state to resolve the emergency, protect the
safety of the parties and the child, and determine a period for the duration of the temporary
order.
New Sec. 47. (UCCJEA 205). (a) Before a child-custody determination is made under
this act, notice and an opportunity to be heard in accordance with the standards of section
38 and amendments thereto, must be given to all persons entitled to notice under the law
of this state as in child-custody proceedings between residents of this state, any parent whose
parental rights have not been previously terminated, and any person having physical custody
of the child.
(b) This act does not govern the enforceability of a child-custody determination made
without notice or an opportunity to be heard.
(c) The obligation to join a party and the right to intervene as a party in a child-custody
proceeding under this act are governed by the law of this state as in child-custody
proceedings between residents of this state.
New Sec. 48. (UCCJEA 206). (a) Except as otherwise provided in section 46 and
amendments thereto, a court of this state may not exercise its jurisdiction under sections
43 through 52 and amendments thereto if, at the time of the commencement of the
proceeding, a proceeding concerning the custody of the child has been commenced in a
court of another state having jurisdiction substantially in conformity with this act, unless the
proceeding has been terminated or is stayed by the court of the other state because a court
of this state is a more convenient forum under section 49 and amendments thereto.
(b) Except as otherwise provided in section 46 and amendments thereto, a court of this
state, before hearing a child-custody proceeding, shall examine the court documents and
other information supplied by the parties pursuant to section 51 and amendments thereto.
If the court determines that a child-custody proceeding has been commenced in a court in
another state having jurisdiction substantially in accordance with this act, the court of this
state shall stay its proceeding and communicate with the court of the other state. If the
court of the state having jurisdiction substantially in accordance with this act does not
determine that the court of this state is a more appropriate forum, the court of this state
shall dismiss the proceeding.
(c) In a proceeding to modify a child-custody determination, a court of this state shall
determine whether a proceeding to enforce the determination has been commenced in
another state. If a proceeding to enforce a child-custody determination has been commenced
in another state, the court may:
(1) Stay the proceeding for modification pending the entry of an order of a court of the
other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(2) enjoin the parties from continuing with the proceeding for enforcement; or
(3) proceed with the modification under conditions it considers appropriate.
New Sec. 49. (UCCJEA 207). (a) A court of this state which has jurisdiction under this
act to make a child-custody determination may decline to exercise its jurisdiction at any
time if it determines that it is an inconvenient forum under the circumstances and that a
court of another state is a more appropriate forum. The issue of inconvenient forum may
be raised upon motion of a party, the court's own motion, or request of another court.
(b) Before determining whether it is an inconvenient forum, a court of this state shall
consider whether it is appropriate for a court of another state to exercise jurisdiction. For
this purpose, the court shall allow the parties to submit information and shall consider all
relevant factors, including:
(1) Whether domestic violence has occurred and is likely to continue in the future and
which state could best protect the parties and the child;
(2) the length of time the child has resided outside this state;
(3) the distance between the court in this state and the court in the state that would
assume jurisdiction;
(4) the relative financial circumstances of the parties;
(5) any agreement of the parties as to which state should assume jurisdiction;
(6) the nature and location of the evidence required to resolve the pending litigation,
including testimony of the child;
(7) the ability of the court of each state to decide the issue expeditiously and the
procedures necessary to present the evidence; and
(8) the familiarity of the court of each state with the facts and issues in the pending
litigation.
(c) If a court of this state determines that it is an inconvenient forum and that a court
of another state is a more appropriate forum, it shall stay the proceedings upon condition
that a child-custody proceeding be promptly commenced in another designated state and
may impose any other condition the court considers just and proper.
(d) A court of this state may decline to exercise its jurisdiction under this act if a child-
custody determination is incidental to an action for divorce or another proceeding while
still retaining jurisdiction over the divorce or other proceeding.
New Sec. 50. (UCCJEA 208). (a) Except as otherwise provided in section 46 and
amendments thereto or by other law of this state, if a court of this state has jurisdiction
under this act because a person seeking to invoke its jurisdiction has engaged in unjustifiable
conduct, the court shall decline to exercise its jurisdiction unless:
(1) The parents and all persons acting as parents have acquiesced in the exercise of
jurisdiction;
(2) a court of the state otherwise having jurisdiction under sections 43 through 45 and
amendments thereto, determines that this state is a more appropriate forum under section
49 and amendments thereto; or
(3) no court of any other state would have jurisdiction under the criteria specified in
sections 43 through 45 and amendments thereto.
(b) If a court of this state declines to exercise its jurisdiction pursuant to subsection (a),
it may fashion an appropriate remedy to ensure the safety of the child and prevent a
repetition of the unjustifiable conduct, including staying the proceeding until a child-custody
proceeding is commenced in a court having jurisdiction under sections 43 through 45 and
amendments thereto.
(c) If a court dismisses a petition or stays a proceeding because it declines to exercise
its jurisdiction pursuant to subsection (a), it shall assess against the party seeking to invoke
its jurisdiction necessary and reasonable expenses including costs, communication expenses,
attorney fees, investigative fees, expenses for witnesses, travel expenses, and child care
during the course of the proceedings, unless the party from whom fees are sought establishes
that the assessment would be clearly inappropriate. The court may not assess fees, costs, or
expenses against this state unless authorized by law other than this act.
New Sec. 51. (UCCJEA 209). (a) Subject to subsection (e), in a child-custody
proceeding, each party, in its first pleading or in an attached affidavit, shall give information,
if reasonably ascertainable, under oath as to the child's present address or whereabouts, the
places where the child has lived during the last five years, and the names and present
addresses of the persons with whom the child has lived during that period. The pleading or
affidavit must state whether the party:
(1) Has participated, as a party or witness or in any other capacity, in any other
proceeding concerning the custody of or visitation with the child and, if so, identify the
court, the case number, and the date of the child-custody determination, if any;
(2) knows of any proceeding that could affect the current proceeding, including
proceedings for enforcement and proceedings relating to domestic violence, protective
orders, termination of parental rights, and adoptions and, if so, identify the court, the case
number, and the nature of the proceeding; and
(3) knows the names and addresses of any person not a party to the proceeding who
has physical custody of the child or claims rights of legal custody or physical custody of, or
visitation with, the child and, if so, the names and addresses of those persons.
(b) If the information required by subsection (a) is not furnished, the court, upon motion
of a party or its own motion, may stay the proceeding until the information is furnished.
(c) If the declaration as to any of the items described in subsection (a)(1) through (3)
is in the affirmative, the declarant shall give additional information under oath as required
by the court. The court may examine the parties under oath as to details of the information
furnished and other matters pertinent to the court's jurisdiction and the disposition of the
case.
(d) Each party has a continuing duty to inform the court of any proceeding in this or
any other state that could affect the current proceeding.
(e) If a party alleges in an affidavit or a pleading under oath that the health, safety, or
liberty of a party or child would be jeopardized by disclosure of identifying information, the
information must be sealed and may not be disclosed to the other party or the public unless
the court orders the disclosure to be made after a hearing in which the court takes into
consideration the health, safety, or liberty of the party or child and determines that the
disclosure is in the interest of justice.
New Sec. 52. (UCCJEA 210). (a) In a child-custody proceeding in this state, the court
may order a party to the proceeding who is in this state to appear before the court in person
with or without the child. The court may order any person who is in this state and who has
physical custody or control of the child to appear in person with the child.
(b) If a party to a child-custody proceeding whose presence is desired by the court is
outside this state, the court may order that a notice given pursuant to section 38 and
amendments thereto include a statement directing the party to appear in person with or
without the child and informing the party that failure to appear may result in a decision
adverse to the party.
(c) The court may enter any orders necessary to ensure the safety of the child and of
any person ordered to appear under this section.
(d) If a party to a child-custody proceeding who is outside this state is directed to appear
under subsection (b) or desires to appear personally before the court with or without the
child, the court may require another party to pay reasonable and necessary travel and other
expenses of the party so appearing and of the child.
New Sec. 53. (UCCJEA 301). In sections 53 through 69 and amendments thereto:
(1) ``Petitioner'' means a person who seeks enforcement of an order for return of a child
under the Hague Convention on the civil aspects of international child abduction or
enforcement of a child-custody determination.
(2) ``Respondent'' means a person against whom a proceeding has been commenced for
enforcement of an order for return of a child under the Hague Convention on the civil
aspects of international child abduction or enforcement of a child-custody determination.
New Sec. 54. (UCCJEA 302). Under sections 53 through 69 and amendments thereto,
a court of this state may enforce an order for the return of the child made under the Hague
Convention on the civil aspects of international child abduction as if it were a child-custody
determination.
New Sec. 55. (UCCJEA 303). (a) A court of this state shall recognize and enforce a
child-custody determination of a court of another state if the latter court exercised
jurisdiction in substantial conformity with this act or the determination was made under
factual circumstances meeting the jurisdictional standards of this act and the determination
has not been modified in accordance with this act.
(b) A court of this state may utilize any remedy available under other law of this state
to enforce a child-custody determination made by a court of another state. The remedies
provided in sections 53 through 69 and amendments thereto, are cumulative and do not
affect the availability of other remedies to enforce a child-custody determination.
New Sec. 56. (UCCJEA 304). (a) A court of this state which does not have jurisdiction
to modify a child-custody determination, may issue a temporary order enforcing:
(1) A visitation schedule made by a court of another state; or
(2) the visitation provisions of a child-custody determination of another state that does
not provide for a specific visitation schedule.
(b) If a court of this state makes an order under subsection (a)(2), it shall specify in the
order a period that it considers adequate to allow the petitioner to obtain an order from a
court having jurisdiction under the criteria specified in sections 43 through 52 and
amendments thereto. The order remains in effect until an order is obtained from the other
court or the period expires.
New Sec. 57. (UCCJEA 305). (a) A child-custody determination issued by a court of
another state may be registered in this state, with or without a simultaneous request for
enforcement, by sending to the district court in this state:
(1) A letter or other document requesting registration;
(2) two copies, including one certified copy, of the determination sought to be
registered, and a statement under penalty of perjury that to the best of the knowledge and
belief of the person seeking registration the order has not been modified; and
(3) except as otherwise provided in section 51 and amendments thereto, the name and
address of the person seeking registration and any parent or person acting as a parent who
has been awarded custody or visitation in the child-custody determination sought to be
registered.
(b) On receipt of the documents required by subsection (a), the registering court shall:
(1) Cause the determination to be filed as a foreign judgment, together with one copy
of any accompanying documents and information, regardless of their form; and
(2) serve notice upon the persons named pursuant to subsection (a)(3) and provide them
with an opportunity to contest the registration in accordance with this section.
(c) The notice required by subsection (b)(2) must state that:
(1) A registered determination is enforceable as of the date of the registration in the
same manner as a determination issued by a court of this state;
(2) a hearing to contest the validity of the registered determination must be requested
within 20 days after service of notice; and
(3) failure to contest the registration will result in confirmation of the child-custody
determination and preclude further contest of that determination with respect to any matter
that could have been asserted.
(d) A person seeking to contest the validity of a registered order must request a hearing
within 20 days after service of the notice. At that hearing, the court shall confirm the
registered order unless the person contesting registration establishes that:
(1) The issuing court did not have jurisdiction under sections 43 through 52 and
amendments thereto;
(2) the child-custody determination sought to be registered has been vacated, stayed,
or modified by a court having jurisdiction to do so under sections 43 through 52 and
amendments thereto; or
(3) the person contesting registration was entitled to notice, but notice was not given in
accordance with the standards of section 38 and amendments thereto, in the proceedings
before the court that issued the order for which registration is sought.
(e) If a timely request for a hearing to contest the validity of the registration is not made,
the registration is confirmed as a matter of law and the person requesting registration and
all persons served must be notified of the confirmation.
(f) Confirmation of a registered order, whether by operation of law or after notice and
hearing, precludes further contest of the order with respect to any matter that could have
been asserted at the time of registration.
(g) There shall be no fee for registering a child-custody determination issued by a court
of another state pursuant to this section. The fee for enforcement or modification of any
child custody determination shall be as prescribed in K.S.A. 1999 Supp. 60-1621, and
amendments thereto.
New Sec. 58. (UCCJEA 306). (a) A court of this state may grant any relief normally
available under the law of this state to enforce a registered child-custody determination
made by a court of another state.
(b) A court of this state shall recognize and enforce, but may not modify, except in
accordance with sections 43 through 52 and amendments thereto, a registered child-custody
determination of a court of another state.
New Sec. 59. (UCCJEA 307). If a proceeding for enforcement under sections 53
through 69 and amendments thereto is commenced in a court of this state and the court
determines that a proceeding to modify the determination is pending in a court of another
state having jurisdiction to modify the determination under sections 43 through 52 and
amendments thereto, the enforcing court shall immediately communicate with the
modifying court. The proceeding for enforcement continues unless the enforcing court, after
consultation with the modifying court, stays or dismisses the proceeding.
New Sec. 60. (UCCJEA 308). (a) A petition under sections 53 through 69 and
amendments thereto, must be verified. Certified copies of all orders sought to be enforced
and of any order confirming registration must be attached to the petition. A copy of a
certified copy of an order may be attached instead of the original.
(b) A petition for enforcement of a child-custody determination must state:
(1) Whether the court that issued the determination identified the jurisdictional basis
it relied upon in exercising jurisdiction and, if so, what the basis was;
(2) whether the determination for which enforcement is sought has been vacated,
stayed, or modified by a court whose decision must be enforced under this act and, if so,
identify the court, the case number, and the nature of the proceeding;
(3) whether any proceeding has been commenced that could affect the current
proceeding, including proceedings relating to domestic violence, protective orders,
termination of parental rights, and adoptions and, if so, identify the court, the case number,
and the nature of the proceeding;
(4) the present physical address of the child and the respondent, if known;
(5) whether relief in addition to the immediate physical custody of the child and attorney
fees is sought, including a request for assistance from law enforcement officials and, if so,
the relief sought; and
(6) if the child-custody determination has been registered and confirmed under section
57 and amendments thereto, the date and place of registration.
(c) Upon the filing of a petition, the court shall issue an order directing the respondent
to appear in person with or without the child at a hearing and may enter any order necessary
to ensure the safety of the parties and the child. The hearing must be held on the next
judicial day after service of the order unless that date is impossible. In that event, the court
shall hold the hearing on the first judicial day possible. The court may extend the date of
hearing at the request of the petitioner.
(d) An order issued under subsection (c) must state the time and place of the hearing
and advise the respondent that at the hearing the court will order that the petitioner may
take immediate physical custody of the child and the payment of fees, costs, and expenses
under section 64 and amendments thereto, and may schedule a hearing to determine
whether further relief is appropriate, unless the respondent appears and establishes that:
(1) The child-custody determination has not been registered and confirmed under
section 57 and amendments thereto and that:
(A) The issuing court did not have jurisdiction under sections 43 through 52 and
amendments thereto;
(B) the child-custody determination for which enforcement is sought has been vacated,
stayed, or modified by a court having jurisdiction to do so under sections 43 through 52 and
amendments thereto;
(C) the respondent was entitled to notice, but notice was not given in accordance with
the standards of section 38 and amendments thereto, in the proceedings before the court
that issued the order for which enforcement is sought; or
(2) the child-custody determination for which enforcement is sought was registered and
confirmed under section 56 and amendments thereto, but has been vacated, stayed, or
modified by a court of a state having jurisdiction to do so under sections 43 through 52 and
amendments thereto.
New Sec. 61. (UCCJEA 309). Except as otherwise provided in section 63 and
amendments thereto, the petition and order must be served, by any method authorized by
the law of this state, upon respondent and any person who has physical custody of the child.
New Sec. 62. (UCCJEA 310). (a) Unless the court issues a temporary emergency order
pursuant to section 46 and amendments thereto, upon a finding that a petitioner is entitled
to immediate physical custody of the child, the court shall order that the petitioner may
take immediate physical custody of the child unless the respondent establishes that:
(1) The child-custody determination has not been registered and confirmed under
section 57 and amendments thereto, and that:
(A) The issuing court did not have jurisdiction under sections 43 through 52 and
amendments thereto;
(B) the child-custody determination for which enforcement is sought has been vacated,
stayed, or modified by a court of a state having jurisdiction to do so under sections 43
through 52 and amendments thereto; or
(C) the respondent was entitled to notice, but notice was not given in accordance with
the standards of section 38 and amendments thereto, in the proceedings before the court
that issued the order for which enforcement is sought; or
(2) the child-custody determination for which enforcement is sought was registered and
confirmed under section 57 and amendments thereto, but has been vacated, stayed, or
modified by a court of a state having jurisdiction to do so under sections 43 through 52 and
amendments thereto.
(b) The court shall award the fees, costs, and expenses authorized under section 64 and
amendments thereto and may grant additional relief, including a request for the assistance
of law enforcement officials, and set a further hearing to determine whether additional relief
is appropriate.
(c) If a party called to testify refuses to answer on the ground that the testimony may
be self-incriminating, the court may draw an adverse inference from the refusal.
(d) A privilege against disclosure of communications between spouses and a defense of
immunity based on the relationship of husband and wife or parent and child may not be
invoked in a proceeding under sections 53 through 69 and amendments thereto.
New Sec. 63. (UCCJEA 311). (a) Upon the filing of a petition seeking enforcement of
a child-custody determination, the petitioner may file a verified application for the issuance
of a warrant to take physical custody of the child if the child is immediately likely to suffer
serious physical harm or be removed from this state.
(b) If the court, upon the testimony of the petitioner or other witness, finds that the
child is imminently likely to suffer serious physical harm or be removed from this state, it
may issue a warrant to take physical custody of the child. The petition must be heard on
the next judicial day after the warrant is executed unless that date is impossible. In that
event, the court shall hold the hearing on the first judicial day possible. The application for
the warrant must include the statements required by subsection (b) of section 60 and
amendments thereto.
(c) A warrant to take physical custody of a child must:
(1) Recite the facts upon which a conclusion of imminent serious physical harm or
removal from the jurisdiction is based;
(2) direct law enforcement officers to take physical custody of the child immediately;
and
(3) provide for the placement of the child pending final relief.
(d) The respondent must be served with the petition, warrant, and order immediately
after the child is taken into physical custody.
(e) A warrant to take physical custody of a child is enforceable throughout this state. If
the court finds on the basis of the testimony of the petitioner or other witness that a less
intrusive remedy is not effective, it may authorize law enforcement officers to enter private
property to take physical custody of the child. If required by exigent circumstances of the
case, the court may authorize law enforcement officers to make a forcible entry at any hour.
(f) The court may impose conditions upon placement of a child to ensure the appearance
of the child and the child's custodian.
New Sec. 64. (UCCJEA 312). (a) The court shall award the prevailing party, including
a state, necessary and reasonable expenses incurred by or on behalf of the party, including
costs, communication expenses, attorney fees, investigative fees, expenses for witnesses,
travel expenses, and child care during the course of the proceedings, unless the party from
whom fees or expenses are sought establishes that the award would be clearly inappropriate.
(b) The court may not assess fees, costs, or expenses against a state unless authorized
by law other than this act.
New Sec. 65. (UCCJEA 313). A court of this state shall accord full faith and credit to
an order issued by another state and consistent with this act which enforces a child-custody
determination by a court of another state unless the order has been vacated, stayed, or
modified by a court having jurisdiction to do so under sections 43 through 52 and
amendments thereto.
New Sec. 66. (UCCJEA 314). An appeal may be taken from a final order in a
proceeding under sections 53 through 69 and amendments thereto, in accordance with
expedited appellate procedures in other civil cases. Unless the court enters a temporary
emergency order under section 46 and amendments thereto, the enforcing court may not
stay an order enforcing a child-custody determination pending appeal.
New Sec. 67. (UCCJEA 315). (a) In a case arising under this act or involving the Hague
Convention on the civil aspects of international child abduction, the prosecutor may take
any lawful action, including resort to a proceeding under sections 53 through 69 and
amendments thereto or any other available civil proceeding to locate a child, obtain the
return of a child, or enforce a child-custody determination if there is:
(1) An existing child-custody determination;
(2) a request to do so from a court in a pending child-custody proceeding;
(3) a reasonable belief that a criminal statute has been violated; or
(4) a reasonable belief that the child has been wrongfully removed or retained in
violation of the Hague Convention on the civil aspects of international child abduction.
(b) A prosecutor acting under this section acts on behalf of the court and may not
represent any party.
New Sec. 68. (UCCJEA 316). At the request of a prosecutor acting under section 67
and amendments thereto, a law enforcement officer may take any lawful action reasonably
necessary to locate a child or a party and assist a prosecutor with responsibilities under
section 67 and amendments thereto.
New Sec. 69. (UCCJEA 317). If the respondent is not the prevailing party, the court
may assess against the respondent all direct expenses and costs incurred by the prosecutor
and law enforcement officers under section 67 or 68 and amendments thereto.
New Sec. 70. (UCCJEA 401). In applying and construing this uniform act,
consideration must be given to the need to promote uniformity of the law with respect to
its subject matter among states that enact it.
New Sec. 71. (UCCJEA 402). If any provision of this act or its application to any person
or circumstance is held invalid, the invalidity does not affect other provisions or applications
of this act which can be given effect without the invalid provision or application, and to this
end the provisions of this act are severable.
New Sec. 72. (UCCJEA 405). A motion or other request for relief made in a child-
custody proceeding or to enforce a child-custody determination which was commenced
before the effective date of this act is governed by the law in effect at the time the motion
or other request was made.
Sec. 73. K.S.A. 38-1116 is hereby amended to read as follows: 38-1116. (a) The district
court has jurisdiction of an action brought under this the Kansas parentage act. The action
may be joined with an action for divorce, annulment, separate maintenance, support or
adoption.
(b) If any determination is sought in any action under the Kansas parentage act for
custody, residency or parenting time, the initial pleading seeking that determination shall
include that information required by section 51, and amendments thereto;
(b)(c) The action may be brought in the county in which the child, the mother or the
presumed or alleged father resides or is found. If a parent or an alleged or presumed parent
is deceased, an action may be brought in the county in which proceedings for probate of
the estate of the parent or alleged or presumed parent have been or could be commenced.
Sec. 74. K.S.A. 38-1503 is hereby amended to read as follows: 38-1503. (a) Proceedings
concerning any child who appears to be a child in need of care shall be governed by this
code, except in those instances when the Indian child welfare act of 1978 (25 U.S.C. § §
1901 et seq.) applies.
(b) Subject to the uniform child custody jurisdiction and enforcement act, K.S.A. 38-
1301 et seq. sections 31 through 72 and amendments thereto, the district court shall have
original jurisdiction to receive and determine proceedings under this code.
(c) When jurisdiction has been acquired by the court over the person of a child in need
of care it may continue until the child: (1) Has attained the age of 21 years; (2) has been
adopted; or (3) has been discharged by the court. Any child 18 years of age or over may
request, by motion to the court, that the jurisdiction of the court cease. Subsequently, the
court shall enter an order discharging the person from any further jurisdiction of the court.
(d) When it is no longer appropriate for the court to exercise jurisdiction over a child
the court, upon its own motion or the motion of an interested party, shall enter an order
discharging the child. Except upon request of the child, the court shall not enter an order
discharging a child which reaches 18 years of age before completing the child's high school
education until June 1 of the school year during which the child became 18 years of age as
long as the child is still attending high school.
(e) Unless the court finds that substantial injustice would result, the provisions of this
code shall govern with respect to acts or omissions occurring prior to the effective date of
this code and with respect to children alleged or adjudicated to have done or to have been
affected by the acts or omissions, to the same extent as if the acts or omissions had occurred
on or after the effective date and the children had been alleged or adjudicated to be children
in need of care.
Sec. 75. K.S.A. 59-2127 is hereby amended to read as follows: 59-2127. (a) If the basis
for venue in an agency adoption is subsection (b)(3) of K.S.A. 59-2126 and the petitioner
does not reside in Kansas and the child to be adopted did not reside in Kansas prior to
receipt of custody by the agency, the court shall determine whether or not to exercise its
jurisdiction under this act based on the best interests of the child. For this purpose the court
shall consider the following factors:
(1) If another state recently was the child's or mother's home state;
(2) if another state has a closer connection with the child or the child's adoptive or
genetic parent or parents;
(3) if substantial evidence concerning the child's present or future care, protection,
training and personal relationships is more readily available in another state;
(4) the unavailability of placement opportunities for such child within the state of
Kansas; and
(5) any other factor the court deems relevant in its determination of whether or not to
exercise its jurisdiction.
(a) A court of this state may not exercise jurisdiction over a proceeding for adoption of
a minor if at the time the petition for adoption is filed a proceeding concerning the custody
or adoption of the minor is pending in a court of another state exercising jurisdiction
substantially in conformity with the uniform child custody jurisdiction act, or the uniform
child custody jurisdiction and enforcement act, or this act unless the proceeding is stayed
by the court of the other state.
(b) If a court of another state has issued a decree or order concerning the custody of a
minor who may be the subject of a proceeding for adoption in this state, a court of this state
may not exercise jurisdiction over a proceeding for adoption of the minor unless:
(1) The court of this state finds that the court of the state which issued the decree or
order:
(A) Does not have continuing jurisdiction to modify the decree or order under
jurisdictional prerequisites substantially in accordance with the uniform child custody
jurisdiction act, or the uniform child custody jurisdiction and enforcement act, or has
declined to assume jurisdiction to modify the decree or order, or
(B) does not have jurisdiction over a proceeding for adoption substantially in conformity
with subsection (a)(l) through (4) or has declined to assume jurisdiction proceeding for
adoption; and
(2) the court of this state has jurisdiction over the proceeding.
(b)(c) Before determining whether or not to exercise its jurisdiction the court may
communicate with a court of another state and exchange information pertinent to the
assumption of jurisdiction by either court with a view to assuring that jurisdiction will be
exercised by such court of another state and that a forum will be available to the parties.
(c)(d) If the court determines not to exercise its jurisdiction, it may dismiss the
proceedings, or it may stay the proceedings upon condition that an adoption proceeding be
promptly commenced in another named state or upon any other conditions which may be
just and proper.
Sec. 76. K.S.A. 59-2128 is hereby amended to read as follows: 59-2128. (a) A petition
for adoption shall be filed by the person desiring to adopt the child, and shall state the
following information, if reasonably ascertainable, under oath:
(1) In an independent adoption: (A) The name, residence and address of the petitioner;
(B) the name of the child, the date, time and place of the child's birth, and the place
at which the child resides;
(C) the suitability of the petitioner to assume the relationship;
(D) whether one or both parents are living and the name, date of birth, residence and
address of those living, so far as known to the petitioner;
(E) the facts relied upon as eliminating the necessity for the consent, if the consent of
either or both parents is not obtained;
(F) the information required by the uniform child custody jurisdiction act under K.S.A.
38-1309 and amendments thereto; and
(G) whether the interstate compact on placement of children, K.S.A. 38-1201 et seq.
and amendments thereto, and the Indian child welfare act, 25 U.S.C. 1901 et seq., are
applicable and have been or will be complied with prior to the hearing;
(2) in an agency adoption, all requirements contained in subsection (a)(1) except
subsection (a)(1)(E), and if applicable, the factual basis upon which the court should
determine to exercise its jurisdiction as provided in K.S.A. 59-2127; or
(3) in a stepparent adoption, all requirements contained in subsection (a)(1) except that
a statement of compliance with the interstate compact on placement of children is not
required.
(1) The name, residence and address of the petitioner;
(2) the suitability of the petitioner to assume the relationship;
(3) the name of the child, the date, time and place of the child's birth, and the present
address or whereabouts of the child;
(4) the places where the child has lived during the last five years;
(5) the names and present addresses of the persons with whom the child has lived during
that period;
(6) whether the party has participated, as a party or witness or in any other capacity,
in any other proceeding concerning the custody of or visitation with the child and, if so,
identify the court, the case number, and the date of the child-custody determination, if any;
(7) whether the party knows of any proceeding that could affect the current proceeding,
including proceedings for enforcement and proceedings relating to domestic violence,
protective orders, termination of parental rights, and adoptions and, if so, identify the court,
the case number, and the nature of the proceeding;
(8) whether the party knows the names and addresses of any person not a party to the
proceeding who has physical custody of the child or claims rights of legal custody or physical
custody of, or visitation with, the child and, if so, the names and addresses of those persons;
(9) whether one or both parents are living and the name, date of birth, residence and
address of those living, so far as known to the petitioner;
(10) the facts relied upon as eliminating the necessity for the consent, if the consent of
either or both parents is not obtained;
(11) whether the interstate compact on placement of children, K.S.A. 38-1201 et seq.
and amendments thereto, and the Indian child welfare act, 25 U.S.C. have been or will be
complied with prior to the hearing.
(b) If the information required by subsection (a) is not furnished, the court, upon motion
of a party or its own motion, may stay the proceeding until the information is furnished.
(c) If the declaration as to any of the items described in subsection (a)(6) through (a)(9)
is in the affirmative, the declarant shall give additional information under oath as required
by the court. The court may examine the parties under oath as to details of the information
furnished and other matters pertinent to the court's jurisdiction and the disposition of the
case.
(d) The petitioner has a continuing duty to inform the court of any proceeding in this
or any other state that could affect the current proceeding.
(e) A petition filed in a step parent adoption shall not require a statement in compliance
with the interstate compact on placement of children.
(b)(f) The written consents to adoption required by K.S.A. 59-2129, and amendments
thereto, the background information required by K.S.A. 59-2130, and amendments thereto,
the accounting required by K.S.A. 59-2121 and amendments thereto, and any affidavit
required by K.S.A. 59-2126 shall be filed with the petition for adoption.
Sec. 77. K.S.A. 1999 Supp. 59-3009 is hereby amended to read as follows: 59-3009.
Any person may file in the district court of the county of the residence or presence of the
proposed ward a verified petition for the appointment of a guardian. Any person may file
in the district court of the county of the residence of the proposed conservatee a verified
petition for the appointment of a conservator. If the proposed conservatee resides without
the state, such petition may be filed in any county in which any of the property of the
proposed conservatee is situated.
(a) If the proposed ward or proposed conservatee is alleged to be a disabled person the
petition shall state:
(1) The petitioner's belief that the proposed ward or proposed conservatee is a disabled
person;
(2) the name, age, residence and present address of the proposed ward or proposed
conservatee, if known to the petitioner;
(3) the name and address of the nearest relatives of the proposed ward or proposed
conservatee, if known to the petitioner and if not known, that the petitioner has made
diligent inquiry to learn the name of such relatives;
(4) the general character and probable value of the real and personal property, including
the amount and sources of income, of the proposed ward or proposed conservatee, if known
to the petitioner;
(5) the name and address of the person, if any, having custody and control of the
proposed ward or proposed conservatee, if known to the petitioner;
(6) the names and addresses of witnesses by whom the truth of the petition may be
proved;
(7) the reasons for the need of the appointment of a guardian or conservator, or both;
(8) a request that the court make a determination that the proposed ward or proposed
conservatee is a disabled person, make one or more of the orders provided for in K.S.A. 59-
3010 and 59-3011 and amendments thereto, and appoint a guardian or conservator, or both;
and
(9) the name, address, and relationship to the proposed ward or proposed conservatee,
if any, of the person whom the court is requested to appoint as a guardian or as a conservator.
If a proposed conservator is under contract with the Kansas guardianship program, the
application for appointment of guardian or conservator shall so state. Any such petition may
be accompanied, or the court may require that such petition be accompanied by a statement
in writing of a physician or psychologist stating that the physician or psychologist has
examined the proposed ward or proposed conservatee and the results of the examination
on the issue of whether the proposed ward or proposed conservatee is a disabled person or
the court may allow such petition to be accompanied by a verified statement by the petitioner
that the proposed ward or proposed conservatee has refused to submit to an examination
by a physician or psychologist.
(b) If the proposed ward or proposed conservatee is alleged to be a minor the petition
shall state:
(1) The proposed ward or proposed conservatee is a minor;
(2) the name, age, residence and present address of the proposed ward or proposed
conservatee, if known to the petitioner;
(3) the information required including that information required by section 51, and
amendments thereto, if the petition seeks appointment of a guardian for the minor;
(3)(4) the name and address of the natural guardian, guardian, conservator and
custodian, if any, of the proposed ward or proposed conservatee, if known to the petitioner,
and if not known that the petitioner has made diligent inquiry to learn their names;
(4)(5) the general character and probable value of the real and personal property,
including the amount and sources of income, of the proposed ward or proposed conservatee,
if known to the petitioner;
(5)(6) the names and addresses of witnesses by whom the truth of the petition may be
proved;
(6)(7) the reasons for the need for the appointment of a guardian or conservator, or
both;
(7)(8) a request that the court make a determination that the proposed ward or proposed
conservatee is a minor, make one or more of the orders provided for by K.S.A. 59-3010 and
59-3011 and amendments thereto, and appoint a guardian or a conservator, or both; and
(8)(9) the name, address, and relationship to the proposed ward or proposed
conservatee, if any, of the person whom the court is requested to appoint as a guardian or
as a conservator.
(c) If the proposed conservatee has been duly adjudged an incapacitated person, a
disabled person, an insane person or an incompetent person by any court of competent
jurisdiction in any other state and a domiciliary conservator or guardian for the estate of
such person has been appointed, a duly authenticated transcript of such adjudication and
appointment shall be prima facie evidence of such incapacity and may be relied upon for
the appointment of an ancillary conservator in this state. Such authenticated transcript shall
be attached to the petition which shall state:
(1) That the proposed conservatee has been duly adjudged an incapacitated person, a
disabled person, an insane person or an incompetent person by a court of competent
jurisdiction of another state and a domiciliary conservator or guardian for such conservatee's
estate has been appointed, which adjudication and appointment are still in full force and
effect;
(2) the name, age, residence and present address of the proposed conservatee, if known
to the petitioner;
(3) the name and address of the nearest relatives of the proposed conservatee, if known
to the petitioner and if not known, that the petitioner has made diligent inquiry to learn the
name of such relatives;
(4) the location and value of Kansas property for which an ancillary conservatorship is
needed;
(5) the name and address of the person, if any, having custody and control of the
proposed conservatee, if known to the petitioner;
(6) the reasons for the need for the appointment of an ancillary conservator; and
(7) a request that the court appoint an ancillary conservator as provided in subsection
(c) of K.S.A. 59-3010 and amendments thereto.
Sec. 78. K.S.A. 60-1604 is hereby amended to read as follows: 60-1604. (a) Verification
of petition. The truth of the allegations of any petition under this article must be verified
by the petitioner in person or by the guardian of an incapacitated person.
(b) Captions. All pleadings shall be captioned, ``In the matter of the marriage of ____________
and ____________.'' In the caption, the name of the petitioner shall appear first and
the name of the respondent shall appear second, but the respective parties shall not be
designated as such.
(c) Contents of petition. The grounds for divorce, annulment or separate maintenance
shall be alleged as nearly as possible in the general language of the statute, without detailed
statement of facts. If there are minor children of the marriage, the petition shall state their
names and dates of birth and shall contain, or be accompanied by an affidavit which contains,
the information required by K.S.A. 38-1309 section 51 and amendments thereto.
(d) Bill of particulars. The opposing party may demand a statement of the facts which
shall be furnished in the form of a bill of particulars. The facts stated in the bill of particulars
shall be the specific facts upon which the action shall be tried. If interrogatories have been
served on or a deposition taken of the party from whom the bill of particulars is demanded,
the court in its discretion may refuse to grant the demand for a bill of particulars. A copy
of the bill of particulars shall be delivered to the judge. The bill of particulars shall not be
filed with the clerk of the court or become a part of the record except on appeal, and then
only when the issue to be reviewed relates to the facts stated in the bill of particulars. The
bill of particulars shall be destroyed by the district judge unless an appeal is taken, in which
case the bill of particulars shall be destroyed upon receipt of the final order from the
appellate court.
(e) Service of process. Service of process shall be made in the manner provided in article
3 of this chapter.
Sec. 79. K.S.A. 60-1605 is hereby amended to read as follows: 60-1605. The respondent
may answer and may also file a counterpetition counterclaim for divorce, annulment or
separate maintenance. If new matter is set up in the answer, it shall be verified by the
respondent in person or by the guardian of an incapacitated person. If a counterpetition
counterclaim is filed, it shall be subject to the provisions of subsections (a), (b) and (c) of
K.S.A. 60-1604 and amendments thereto. When there are minor children of the marriage,
the answer shall contain, or be accompanied by an affidavit which contains, the information
required by K.S.A. 38-1309 section 51, and amendments thereto.
Sec. 80. K.S.A. 60-1611 is hereby amended to read as follows: 60-1611. A judgment or
decree of divorce rendered in any other state or territory of the United States, in conformity
with the laws thereof, shall be given full faith and credit in this state, except that, if the
respondent in the action, at the time of the judgment or decree, was a resident of this state
and did not personally appear or defend the action in the court of that state or territory and
that court did not have jurisdiction over the respondent's person, all matters relating to
maintenance, property rights of the parties and support of the minor children of the parties
shall be subject to inquiry and determination in any proper action or proceeding brought
in the courts of this state within two years after the date of the foreign judgment or decree,
to the same extent as though the foreign judgment or decree had not been rendered. Nothing
in this section shall authorize a court of this state to enter a custody decree, as defined in
K.S.A. 38-1302, child custody determination, as defined in section 32 and amendments
thereto contrary to the provisions of the uniform child custody jurisdiction and enforcement
act.
Sec. 81. K.S.A. 1999 Supp. 60-3103 is hereby amended to read as follows: 60-3103.
Any district court shall have jurisdiction over all proceedings under the protection from
abuse act. The right of a person to obtain relief under the protection from abuse act shall
not be affected by the person's leaving the residence or household to avoid further abuse.
Any petition under this act seeking orders regarding a custody determination, as defined in
section 32, and amendments thereto, shall state that information required by section 51, and
amendments thereto, and the basis under which child-custody jurisdiction is sought to be
invoked.
Sec. 82. K.S.A. 1999 Supp. 38-1502 is hereby amended to read as follows: 38-1502. As
used in this code, unless the context otherwise indicates:
(a) ``Child in need of care'' means a person less than 18 years of age who:
(1) Is without adequate parental care, control or subsistence and the condition is not
due solely to the lack of financial means of the child's parents or other custodian;
(2) is without the care or control necessary for the child's physical, mental or emotional
health;
(3) has been physically, mentally or emotionally abused or neglected or sexually abused;
(4) has been placed for care or adoption in violation of law;
(5) has been abandoned or does not have a known living parent;
(6) is not attending school as required by K.S.A. 72-977 or 72-1111, and amendments
thereto;
(7) except in the case of a violation of K.S.A. 41-727, subsection (j) of K.S.A. 74-8810
or subsection (m) or (n) of K.S.A. 79-3321, and amendments thereto, or, except as provided
in subsection (a)(12) of K.S.A. 21-4204a and amendments thereto, does an act which, when
committed by a person under 18 years of age, is prohibited by state law, city ordinance or
county resolution but which is not prohibited when done by an adult;
(8) while less than 10 years of age, commits any act which if done by an adult would
constitute the commission of a felony or misdemeanor as defined by K.S.A. 21-3105 and
amendments thereto;
(9) is willfully and voluntarily absent from the child's home without the consent of the
child's parent or other custodian;
(10) is willfully and voluntarily absent at least a second time from a court ordered or
designated placement, or a placement pursuant to court order, if the absence is without the
consent of the person with whom the child is placed or, if the child is placed in a facility,
without the consent of the person in charge of such facility or such person's designee;
(11) has been residing in the same residence with a sibling or another person under 18
years of age, who has been physically, mentally or emotionally abused or neglected, or
sexually abused; or
(12) while less than 10 years of age commits the offense defined in K.S.A. 21-4204a and
amendments thereto.
(b) ``Physical, mental or emotional abuse or neglect'' means the infliction of physical,
mental or emotional injury or the causing of a deterioration of a child and may include, but
shall not be limited to, failing to maintain reasonable care and treatment, negligent treatment
or maltreatment or exploiting a child to the extent that the child's health or emotional well-
being is endangered. A parent legitimately practicing religious beliefs who does not provide
specified medical treatment for a child because of religious beliefs shall not for that reason
be considered a negligent parent; however, this exception shall not preclude a court from
entering an order pursuant to subsection (a)(2) of K.S.A. 38-1513 and amendments thereto.
(c) ``Sexual abuse'' means any act committed with a child which is described in article
35, chapter 21 of the Kansas Statutes Annotated and those acts described in K.S.A. 21-3602
or 21-3603, and amendments thereto, regardless of the age of the child.
(d) ``Parent,'' when used in relation to a child or children, includes a guardian,
conservator and every person who is by law liable to maintain, care for or support the child.
(e) ``Interested party'' means the state, the petitioner, the child, any parent, any
grandparent and any person found to be an interested party pursuant to K.S.A. 38-1541 and
amendments thereto.
(f) ``Law enforcement officer'' means any person who by virtue of office or public
employment is vested by law with a duty to maintain public order or to make arrests for
crimes, whether that duty extends to all crimes or is limited to specific crimes.
(g) ``Youth residential facility'' means any home, foster home or structure which provides
24-hour-a-day care for children and which is licensed pursuant to article 5 of chapter 65 of
the Kansas Statutes Annotated.
(h) ``Shelter facility'' means any public or private facility or home other than a juvenile
detention facility that may be used in accordance with this code for the purpose of providing
either temporary placement for the care of children in need of care prior to the issuance of
a dispositional order or longer term care under a dispositional order.
(i) ``Juvenile detention facility'' means any secure public or private facility used for the
lawful custody of accused or adjudicated juvenile offenders which must not be a jail.
(j) ``Adult correction facility'' means any public or private facility, secure or nonsecure,
which is used for the lawful custody of accused or convicted adult criminal offenders.
(k) ``Secure facility'' means a facility which is operated or structured so as to ensure that
all entrances and exits from the facility are under the exclusive control of the staff of the
facility, whether or not the person being detained has freedom of movement within the
perimeters of the facility, or which relies on locked rooms and buildings, fences or physical
restraint in order to control behavior of its residents. No secure facility shall be in a city or
county jail.
(l) ``Ward of the court'' means a child over whom the court has acquired jurisdiction by
the filing of a petition pursuant to this code and who continues subject to that jurisdiction
until the petition is dismissed or the child is discharged as provided in K.S.A. 38-1503 and
amendments thereto.
(m) ``Custody,'' whether temporary, protective or legal, means the status created by
court order or statute which vests in a custodian, whether an individual or an agency, the
right to physical possession of the child and the right to determine placement of the child,
subject to restrictions placed by the court.
(n) ``Placement'' means the designation by the individual or agency having custody of
where and with whom the child will live.
(o) ``Secretary'' means the secretary of social and rehabilitation services.
(p) ``Relative'' means a person related by blood, marriage or adoption but, when
referring to a relative of a child's parent, does not include the child's other parent.
(q) ``Court-appointed special advocate'' means a responsible adult other than an attorney
guardian ad litem who is appointed by the court to represent the best interests of a child,
as provided in K.S.A. 38-1505a and amendments thereto, in a proceeding pursuant to this
code.
(r) ``Multidisciplinary team'' means a group of persons, appointed by the court or by
the state department of social and rehabilitation services under K.S.A. 38-1523a and
amendments thereto, which has knowledge of the circumstances of a child in need of care.
(s) ``Jail'' means:
(1) An adult jail or lockup; or
(2) a facility in the same building or on the same grounds as an adult jail or lockup,
unless the facility meets all applicable standards and licensure requirements under law and
there is (A) total separation of the juvenile and adult facility spatial areas such that there
could be no haphazard or accidental contact between juvenile and adult residents in the
respective facilities; (B) total separation in all juvenile and adult program activities within
the facilities, including recreation, education, counseling, health care, dining, sleeping, and
general living activities; and (C) separate juvenile and adult staff, including management,
security staff and direct care staff such as recreational, educational and counseling.
(t) ``Kinship care'' means the placement of a child in the home of the child's relative or
in the home of another adult with whom the child or the child's parent already has a close
emotional attachment.
(u) ``Juvenile intake and assessment worker'' means a responsible adult authorized to
perform intake and assessment services as part of the intake and assessment system
established pursuant to K.S.A. 75-7023, and amendments thereto.
(v) ``Abandon'' means to forsake, desert or cease providing care for the child without
making appropriate provisions for substitute care.
(w) ``Permanent guardianship'' means a judicially created relationship between child
and caretaker which is intended to be permanent and self-sustaining without ongoing state
oversight or intervention. The permanent guardian stands in loco parentis and exercises all
the rights and responsibilities of a parent. Upon appointment of a permanent guardian, the
child in need of care proceedings shall be dismissed. A permanent guardian may be
appointed after termination of parental rights.
(x) ``Aggravated circumstances'' means the abandonment, torture, chronic abuse, sexual
abuse or chronic, life threatening neglect of a child.
(y) ``Permanency hearing'' means a notice and opportunity to be heard is provided to
interested parties, foster parents, preadoptive parents or relatives providing care for the
child. The court, after consideration of the evidence, shall determine whether progress
toward the case plan goal is adequate or reintegration is a viable alternative, or if the case
should be referred to the county or district attorney for filing of a petition to terminate
parental rights or to appoint a permanent guardian.
(z) ``Extended out of home placement'' means a child has been in the custody of the
secretary and placed with neither parent for 15 of the most recent 22 months beginning 60
days after the date at which a child in the custody of the secretary was removed from the
home.
(aa) ``Educational institution'' means all schools at the elementary and secondary levels.
(bb) ``Educator'' means any administrator, teacher or other professional or
paraprofessional employee of an educational institution who has exposure to a pupil specified
in subsection (a) of K.S.A. 1999 Supp. 72-89b03 and amendments thereto.
Sec. 83. K.S.A. 38-1533 is hereby amended to read as follows: 38-1533. (a) Persons
upon whom served. The summons and a copy of the petition shall be served on the child
alleged to be a child in need of care by serving the guardian ad litem appointed for the
child, the parents or parent having legal custody or who may be ordered to pay child support
by the court, the person with whom the child is residing and any other person designated
by the county or district attorney. A copy of the petition and notice of hearing shall be mailed
by regular mail, to the child's grandparents with whom the child does not reside.
(b) Form of summons. The summons shall be issued by the clerk, dated the day it is
issued, contain the name of the court and the caption of the case and be in substantially the
following form:
(Name of Court)
In the Interest of ______________
(Name[s])
Date of birth __________
Each a child under 18 years of age
S U M M O N S
TO:
| (Names) | (Relationship) | (Addresses) |
|
|
|
|
|
|
|
|
|
|
|
|
A petition has been filed in this court, a copy of which is attached.
On ________, 19__, at ______ o'clock __m. the above parent(s), and any
other person having legal custody are required to appear before this court at _____,
or prior to that time file your written response to the petition with the clerk of this court.
Failure to respond or to appear before the court at the above time will not prevent the
court from entering judgment that each child is a child in need of care if it finds judgment
should be granted and removing the child from the custody of parent, parents or any other
present legal custodian until the further order of the court. The court may order one or
both parents to pay child support. If, after a child has been adjudged to be a child in need
of care, the court finds a parent or parents to be unfit, the court may make an order
permanently terminating the parent's or parents' parental rights.
________, an attorney, has been appointed as guardian ad litem for the child or
children. Each parent or legal custodian has the right to appear and be heard personally
either with or without an attorney. The court will appoint an attorney for any parent who
is financially unable to hire one.
Date ________, 19__
| Clerk of the District Court |
(Seal)
And by renumbering sections accordingly;
Also on page 48, in line 3, by striking ``21-3422,''; also in line 3, by striking ``23-''; in line
4, by striking all before ``60-1612,'' and inserting ``38-1116, 38-1301 through 13-1326, 38-
1335, 38-1503, 38-1533, 59-2127, 59-2128, 60-1604, 60-1605, 60-1611,''; also in line 4, after
``60-1614,''; by inserting ``60-1615 and''; in line 5, after ``1617'' by striking ``and 75-720'';
also in line 5, by striking ``1998'' and inserting ``1999''; also in line 5, by striking ``23-9,305''
and inserting ``23-701''; in line 6, by striking all after ``38-1138,''; in line 7, by striking all
before ``38-16,119,'' and inserting ``38-1502,''; also in line 7, before ``60-1607,'' by inserting
``59-3009,''; in line 8, after ``60-1621,'' by inserting ``60-3103,''; also in line 8, after ``60-3106''
by striking the comma and inserting ``and''; also in line 8, by striking ``and 74-7334'';
On page 1, in the title, in line 11, before ``amend-'' by inserting ``enacting the uniform
child-custody jurisdiction and enforcement act;''; in line 12, by striking ``21-3422,''; also in
line 12, by striking ``23-701, 38-''; in line 13, by striking all before ``60-1612,'' and inserting
``38-1116, 38-1503, 38-1533, 59-2127, 59-2128, 60-1604, 60-1605, 60-1611,''; also in line
13, after ``60-1614,'' by inserting ``60-1615 and''; in line 14, by striking ``and 75-720''; also
in line 14, by striking ``1998'' and inserting ``1999''; also in line 14, by striking ``23-9,305''
and inserting ``23-701''; in line 15, by striking all after ``38-1138,''; in line 16, by striking all
before ``38-16,119,'' and inserting ``38-1502,''; also in line 16, before ``60-1607,'' by inserting
``59-3009,''; in line 17, after ``60-1621,'' by inserting ``60-3103,''; also in line 17, after ``60-
3106'' by striking the comma and inserting ``and''; also in line 17, by striking ``and 74-7334'';
in line 18, by striking ``1998 Supp. 38-1502c'' and inserting ``38-1301 through 38-1326 and
38-1335'';
\ And your committee on conference recommends the adoption of this report.
Michael R. O'Neal
Tim Carmody
Janice L. Pauls
Conferees on the part of House
Tim Emert
John Vratil
Greta Goodwin
Conferees on part of Senate
Senator Emert moved the Senate adopt the Conference Committee Report on H Sub
for SB 150.
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 Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 410, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with House Committee amendments,
as follows:
On page 3, in line 3, by striking ``$350'' and inserting ``$200'';
On page 10, in line 10, by striking ``2001'' and inserting ``2002''; in line 19, by striking
``2001'' and inserting ``2002''; in line 36, by striking ``2000'' and inserting ``2001'';
On page 12, in line 7, by striking ``unpaid balance of''; also in line 7, before the period,
by inserting ``, and any penalty collected upon such tax shall be refunded''; in line 24, by
striking ``2001'' and inserting ``2002''; in line 29, by striking ``2001'' and inserting ``2002'';
On page 13, in line 2, by striking ``2000'' and inserting ``2001''; in line 32, by striking ``(b)
and (c)'' and inserting ``(a), (b), (c) and (d)'';
On page 14, in line 7, by striking ``unpaid balance of''; also in line 7, before the period,
by inserting ``, and any penalty collected upon such tax shall be refunded''; in line 30, by
striking ``2001'' and inserting ``2002''; in line 35, by striking ``2001'' and inserting ``2002''; in
line 41, by striking ``2000'' and inserting ``2001'';
On page 15, in line 28, by striking ``(c) and (d)'' and inserting ``(b), (c), (d) and (e)'';
On page 16, after line 3, by inserting the following:
``(j) No penalty assessed hereunder shall be collected if the taxpayer has had the tax
abated on appeal, and any penalty collected upon such tax shall be refunded.''; in line 16,
by striking ``2001'' and inserting ``2002''; in line 21, by striking ``2001'' and inserting ``2002'';
in line 27, by striking ``2000'' and inserting ``2001'';
On page 18, after line 25, by inserting the following:
``Sec. 24. K.S.A. 79-4502 is hereby amended to read as follows: 79-4502. As used in
this act, unless the context clearly indicates otherwise:
(a) ``Income'' means the sum of adjusted gross income under the Kansas income tax
act, maintenance, support money, cash public assistance and relief (not including any refund
granted under this act), the gross amount of any pension or annuity (including all monetary
retirement benefits from whatever source derived, including but not limited to, railroad
retirement benefits, all payments received under the federal social security act except
disability payments, and veterans disability pensions), all dividends and interest from
whatever source derived not included in adjusted gross income, workers compensation and
the gross amount of ``loss of time'' insurance. It does not include gifts from nongovernmental
sources or surplus food or other relief in kind supplied by a governmental agency, nor shall
net operating losses and net capital losses be considered in the determination of income.
(b) ``Household'' means a claimant, a claimant and spouse who occupy the homestead
or a claimant and one or more individuals not related as husband and wife who together
occupy a homestead.
(c) ``Household income'' means all income received by all persons of a household in a
calendar year while members of such household.
(d) ``Homestead'' means the dwelling, or any part thereof, whether owned or rented,
which is occupied as a residence by the household and so much of the land surrounding it,
as defined as a home site for ad valorem tax purposes, and may consist of a part of a multi-
dwelling or multi-purpose building and a part of the land upon which it is built or a
manufactured home or mobile home and the land upon which it is situated. ``Owned''
includes a vendee in possession under a land contract, a life tenant, a beneficiary under a
trust and one or more joint tenants or tenants in common.
(e) ``Claimant'' means a person who has filed a claim under the provisions of this act
and was, during the entire calendar year preceding the year in which such claim was filed
for refund under this act, except as provided in K.S.A. 79-4503, and amendments thereto,
both domiciled in this state and was: (1) A person having a disability; (2) a person who is
55 years of age or older or (3) a person other than a person included under (1) or (2) having
one or more dependent children under 18 years of age residing at the person's homestead
during the calendar year immediately preceding the year in which a claim is filed under this
act.
When a homestead is occupied by two or more individuals and more than one of the
individuals is able to qualify as a claimant, the individuals may determine between them as
to whom the claimant will be. If they are unable to agree, the matter shall be referred to
the secretary of revenue whose decision shall be final.
(f) ``Property taxes accrued'' means property taxes, exclusive of special assessments,
delinquent interest and charges for service, levied on a claimant's homestead in 1979 or any
calendar year thereafter by the state of Kansas and the political and taxing subdivisions of
the state. When a homestead is owned by two or more persons or entities as joint tenants
or tenants in common and one or more of the persons or entities is not a member of
claimant's household, ``property taxes accrued'' is that part of property taxes levied on the
homestead that reflects the ownership percentage of the claimant's household. For purposes
of this act, property taxes are ``levied'' when the tax roll is delivered to the local treasurer
with the treasurer's warrant for collection. When a claimant and household own their
homestead part of a calendar year, ``property taxes accrued'' means only taxes levied on the
homestead when both owned and occupied as a homestead by the claimant's household at
the time of the levy, multiplied by the percentage of 12 months that the property was owned
and occupied by the household as its homestead in the year. When a household owns and
occupies two or more different homesteads in the same calendar year, property taxes
accrued shall be the sum of the taxes allocable to those several properties while occupied
by the household as its homestead during the year. Whenever a homestead is an integral
part of a larger unit such as a multi-purpose or multi-dwelling building, property taxes
accrued shall be that percentage of the total property taxes accrued as the value of the
homestead is of the total value. For the purpose of this act, the word ``unit'' refers to that
parcel of property covered by a single tax statement of which the homestead is a part.
(g) ``Disability'' means:
(1) Inability to engage in any substantial gainful activity by reason of any medically
determinable physical or mental impairment which can be expected to result in death or
has lasted or can be expected to last for a continuous period of not less than 12 months,
and an individual shall be determined to be under a disability only if the physical or mental
impairment or impairments are of such severity that the individual is not only unable to do
the individual's previous work but cannot, considering age, education and work experience,
engage in any other kind of substantial gainful work which exists in the national economy,
regardless of whether such work exists in the immediate area in which the individual lives
or whether a specific job vacancy exists for the individual, or whether the individual would
be hired if application was made for work. For purposes of the preceding sentence (with
respect to any individual), ``work which exists in the national economy'' means work which
exists in significant numbers either in the region where the individual lives or in several
regions of the country; for purposes of this subsection, a ``physical or mental impairment''
is an impairment that results from anatomical, physiological or psychological abnormalities
which are demonstrable by medically acceptable clinical and laboratory diagnostic
techniques; or
(2) blindness and inability by reason of blindness to engage in substantial gainful activity
requiring skills or abilities comparable to those of any gainful activity in which the individual
has previously engaged with some regularity and over a substantial period of time.
(h) ``Blindness'' means central visual acuity of 20/200 or less in the better eye with the
use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision
such that the widest diameter of the visual field subtends an angle no greater than 20 degrees
shall be considered for the purpose of this paragraph as having a central visual acuity of
20/200 or less.
(i) ``Rent constituting property taxes accrued'' means 20% of the gross rent actually paid
in cash or its equivalent in 1979 or any taxable year thereafter by a claimant and claimant's
household solely for the right of occupancy of a Kansas homestead on which ad valorem
property taxes were levied in full for that year. When a household occupies two or more
different homesteads in the same calendar year, rent constituting property taxes accrued
shall be computed by adding the rent constituting property taxes accrued for each property
rented by the household while occupied by the household as its homestead during the year.
(j) ``Gross rent'' means the rental paid at arm's length solely for the right of occupancy
of a homestead or space rental paid to a landlord for the parking of a mobile home, exclusive
of charges for any utilities, services, furniture and furnishings or personal property
appliances furnished by the landlord as a part of the rental agreement, whether or not
expressly set out in the rental agreement. Whenever the director of taxation finds that the
landlord and tenant have not dealt with each other at arms length and that the gross rent
charge was excessive, the director may adjust the gross rent to a reasonable amount for the
purposes of the claim.
New Sec. 25. Insofar as the same may be made applicable, the provisions of K.S.A. 79-
3226, and amendments thereto, shall apply to claims for refunds allowable pursuant to the
homestead property tax refund act which may become in dispute.
Sec. 26. K.S.A. 79-4517 is hereby amended to read as follows: 79-4517. For claims in
respect of property taxes levied in 1976 or in any year subsequent thereto, the director of
taxation may: (a) extend the time for filing any claim under the provisions of this act or
accept a claim filed after the filing deadline when good cause exists therefor; or (b) accept
a claim filed after the deadline for filing in the case of sickness, absence or disability of the
claimant if said the claim has been filed within four (4) years of said the deadline.
Sec. 27. K.S.A. 1999 Supp. 79-3234 is hereby amended to read as follows: 79-3234. (a)
All reports and returns required by this act shall be preserved for three years and thereafter
until the director orders them to be destroyed.
(b) Except in accordance with proper judicial order, or as provided in subsection (c) or
in K.S.A. 17-7511, subsection (g) of K.S.A. 46-1106, K.S.A. 46-1114, or K.S.A. 79-32,153a,
and amendments thereto, it shall be unlawful for the director, any deputy, agent, clerk or
other officer, employee or former employee of the department of revenue or any other state
officer or employee or former state officer or employee to divulge, or to make known in
any way, the amount of income or any particulars set forth or disclosed in any report, return,
federal return or federal return information required under this act; and it shall be unlawful
for the director, any deputy, agent, clerk or other officer or employee engaged in the
administration of this act to engage in the business or profession of tax accounting or to
accept employment, with or without consideration, from any person, firm or corporation
for the purpose, directly or indirectly, of preparing tax returns or reports required by the
laws of the state of Kansas, by any other state or by the United States government, or to
accept any employment for the purpose of advising, preparing material or data, or the
auditing of books or records to be used in an effort to defeat or cancel any tax or part thereof
that has been assessed by the state of Kansas, any other state or by the United States
government.
(c) Nothing in this section shall be construed to prohibit the publication of statistics, so
classified as to prevent the identification of particular reports or returns and the items
thereof, or the inspection of returns by the attorney general or other legal representatives
of the state. Nothing in this section shall prohibit the post auditor from access to all income
tax reports or returns in accordance with and subject to the provisions of subsection (g) of
K.S.A. 46-1106 or K.S.A. 46-1114, and amendments thereto. Nothing in this section shall
be construed to prohibit the disclosure of taxpayer information from income tax returns to
persons or entities contracting with the secretary of revenue where the secretary has
determined disclosure of such information is essential for completion of the contract and
has taken appropriate steps to preserve confidentiality. Nothing in this section shall be
construed to prohibit the disclosure of job creation and investment information derived
from tax schedules required to be filed under the Kansas income tax act to the secretary of
commerce. Nothing in this section shall be construed to prohibit the disclosure of income
tax returns to the state gaming agency to be used solely for the purpose of determining
qualifications of licensees of and applicants for licensure in tribal gaming. Any information
received by the state gaming agency shall be confidential and shall not be disclosed except
to the executive director, employees of the state gaming agency and members and employees
of the tribal gaming commission. Nothing in this section shall be construed to prohibit the
disclosure of the taxpayer's name, last known address and residency status to the department
of wildlife and parks to be used solely in its license fraud investigations. Nothing in this
section shall prohibit the disclosure of the name, residence address, employer or Kansas
adjusted gross income of a taxpayer who may have a duty of support in a title IV-D case to
the secretary of the Kansas department of social and rehabilitation services for use solely in
administrative or judicial proceedings to establish, modify or enforce such support obligation
in a title IV-D case. In addition to any other limits on use, such use shall be allowed only
where subject to a protective order which prohibits disclosure outside of the title IV-D
proceeding. As used in this section, ``title IV-D case'' means a case being administered
pursuant to part D of title IV of the federal social security act (42 U.S.C. § 651 et seq.) and
amendments thereto. Any person receiving any information under the provisions of this
subsection shall be subject to the confidentiality provisions of subsection (b) and to the
penalty provisions of subsection (d).
(d) Any violation of subsection (b) or (c) is a class B nonperson misdemeanor and, if
the offender is an officer or employee of the state, such officer or employee shall be
dismissed from office.
(e) Notwithstanding the provisions of this section, the secretary of revenue may permit
the commissioner of internal revenue of the United States, or the proper official of any state
imposing an income tax, or the authorized representative of either, to inspect the income
tax returns made under this act and the secretary of revenue may make available or furnish
to the taxing officials of any other state or the commissioner of internal revenue of the
United States or other taxing officials of the federal government, or their authorized
representatives, information contained in income tax reports or returns or any audit thereof
or the report of any investigation made with respect thereto, filed pursuant to the income
tax laws, as the secretary may consider proper, but such information shall not be used for
any other purpose than that of the administration of tax laws of such state, the state of
Kansas or of the United States.
(f) Notwithstanding the provisions of this section, the secretary of revenue may:
(1) Communicate to the executive director of the Kansas lottery information as to
whether a person, partnership or corporation is current in the filing of all applicable tax
returns and in the payment of all taxes, interest and penalties to the state of Kansas, excluding
items under formal appeal, for the purpose of determining whether such person, partnership
or corporation is eligible to be selected as a lottery retailer;
(2) communicate to the executive director of the Kansas racing commission as to
whether a person, partnership or corporation has failed to meet any tax obligation to the
state of Kansas for the purpose of determining whether such person, partnership or
corporation is eligible for a facility owner license or facility manager license pursuant to the
Kansas parimutuel racing act; and
(3) provide such information to the president of Kansas, Inc. as required by K.S.A. 1999
Supp. 74-8017, and amendments thereto. The president and any employees or former
employees of Kansas, Inc. receiving any such information shall be subject to the
confidentiality provisions of subsection (b) and to the penalty provisions of subsection (d).
(g) Nothing in this section shall be construed to allow disclosure of the amount of
income or any particulars set forth or disclosed in any report, return, federal return or federal
return information, where such disclosure is prohibited by the federal internal revenue code
as in effect on September 1, 1996, and amendments thereto, related federal internal revenue
rules or regulations, or other federal law.
New Sec. 28. (a) For tax years 2000 and 2001, each Kansas state individual income tax
return form shall contain a designation as follows:
Kansas World War II Memorial Fund. Check if you wish to donate, in addition to your
tax liability, or designate from your refund, ____$1, ____$5, ____$10, or $____.
(b) The director of taxation of the department of revenue shall determine annually the
total amount designated for contribution to the Kansas World War II Memorial Fund
pursuant to subsection (a) and shall report such amount to the state treasurer who shall
credit the entire amount thereof to the Kansas World War II Memorial Fund which fund
is hereby established in the state treasury. In the case where donations are made pursuant
to subsection (a), the director shall remit the entire amount thereof to the state treasurer
who shall credit the same to such fund. All moneys deposited in such fund shall be used
solely for the purpose of providing contributions to the World War II Memorial Society on
behalf of Kansas for the benefit of the World War II memorial to be located in Washington,
D.C. All expenditures from such fund shall be made in accordance with appropriation acts
upon warrants of the director of accounts and reports payable to the World War II Memorial
Society issued pursuant to vouchers approved by the state treasurer.
New Sec. 29. (a) For all taxable years commencing after December 31, 1999, and
subject to the provisions of this section, there shall be allowed as a property tax refund to
the operator of an oil lease an amount equal to 50% of the total amount of property tax
levied and actually and timely paid by the operator for a property tax year which is
attributable to the working interest of an oil lease the average daily production per well
from which is 15 barrels or less when the price per barrel of oil is $16 or less, as prescribed
in the oil and gas appraisal guide by the director of property valuation for the applicable tax
year. No refund shall be allowed for property tax paid upon machinery and equipment for
which a credit is claimed pursuant to K.S.A. 1999 Supp. 79-32,206 and amendments thereto.
(b) No claim for a refund allowable pursuant to subsection (a) shall be paid unless filed
with and in possession of the department of revenue on or before April 15 of the year next
succeeding the year in which such taxes were paid, except that the director of taxation may
extend the time for filing any claim or accept a claim filed after the deadline for filing when
good cause exists therefor if the claim has been filed within three years of the deadline.
(c) The allowable amount of such claim shall be paid to the operator from funds
appropriated for such purposes upon warrants of the director of accounts and reports
pursuant to vouchers approved by the director of taxation or by any person designated by
the claimant, but no warrant issued hereunder shall be drawn in an amount of less than $5.
No interest shall be allowed on any payment made to an operator pursuant to this section.
(d) Insofar as the same may be made applicable, the provisions of K.S.A. 79-3226, and
amendments thereto, shall apply to claims for refunds allowable pursuant to this section
which may become in dispute.
(e) The department of revenue shall devise and provide forms and instructions necessary
to administer this section, and the secretary of revenue may adopt rules and regulations for
such purpose.
New Section 30. (a) For all taxable years commencing after December 31, 2000, and
with respect to property initially acquired and first placed into service in this state on and
after January 1, 2001, there shall be allowed as a credit against the tax liability imposed by
the Kansas income tax act of a telecommunications company, as defined in K.S.A. 79-3271
and amendments thereto, an amount equal to the difference between the property tax levied
for property tax year 2001, and all such years thereafter, and actually and timely paid during
the appropriate income taxable year upon property assessed at the 33% assessment rate and
the property tax which would be levied and paid on such property if assessed at a 25%
assessment rate.
(b) If the amount of the tax credit determined under subsection (a) exceeds the tax
liability for the telecommunications company for any taxable year, the amount thereof which
exceeds such tax liability shall be refunded to the telecommunications company. If the
telecommunications company is a corporation having an election in effect under subchapter
S of the federal internal revenue code, a partnership or a limited liability company, the
credit provided by this section shall be claimed by the shareholders of such corporation, the
partners of such partnership or the members of such limited liability company in the same
manner as such shareholders, partners or members account for their proportionate shares
of income or loss of the corporation, partnership or limited liability company.
(c) As used in this section, the term ``acquired'' shall not include the transfer of property
pursuant to an exchange for stock securities, or the transfer of assets of one business entity
to another due to a merger or other consolidation.
Sec. 31. K.S.A. 1999 Supp. 79-4217 is hereby amended to read as follows: 79-4217. (a)
There is hereby imposed an excise tax upon the severance and production of coal, oil or gas
from the earth or water in this state for sale, transport, storage, profit or commercial use,
subject to the following provisions of this section. Such tax shall be borne ratably by all
persons within the term ``producer'' as such term is defined in K.S.A. 79-4216, and
amendments thereto, in proportion to their respective beneficial interest in the coal, oil or
gas severed. Such tax shall be applied equally to all portions of the gross value of each barrel
of oil severed and subject to such tax and to the gross value of the gas severed and subject
to such tax. The rate of such tax shall be 8% of the gross value of all oil or gas severed from
the earth or water in this state and subject to the tax imposed under this act. The rate of
such tax with respect to coal shall be $1 per ton. For the purposes of the tax imposed
hereunder the amount of oil or gas produced shall be measured or determined: (1) In the
case of oil, by tank tables compiled to show 100% of the full capacity of tanks without
deduction for overage or losses in handling; allowance for any reasonable and bona fide
deduction for basic sediment and water, and for correction of temperature to 60 degrees
Fahrenheit will be allowed; and if the amount of oil severed has been measured or
determined by tank tables compiled to show less than 100% of the full capacity of tanks,
such amount shall be raised to a basis of 100% for the purpose of the tax imposed by this
act; and (2) in the case of gas, by meter readings showing 100% of the full volume expressed
in cubic feet at a standard base and flowing temperature of 60 degrees Fahrenheit, and at
the absolute pressure at which the gas is sold and purchased; correction to be made for
pressure according to Boyle's law, and used for specific gravity according to the gravity at
which the gas is sold and purchased, or if not so specified, according to the test made by
the balance method.
(b) The following shall be exempt from the tax imposed under this section:
(1) The severance and production of gas which is: (A) Injected into the earth for the
purpose of lifting oil, recycling or repressuring; (B) used for fuel in connection with the
operation and development for, or production of, oil or gas in the lease or production unit
where severed; (C) lawfully vented or flared; (D) severed from a well having an average
daily production during a calendar month having a gross value of not more than $87 per
day, which well has not been significantly curtailed by reason of mechanical failure or other
disruption of production; in the event that the production of gas from more than one well
is gauged by a common meter, eligibility for exemption hereunder shall be determined by
computing the gross value of the average daily combined production from all such wells and
dividing the same by the number of wells gauged by such meter; (E) inadvertently lost on
the lease or production unit by reason of leaks, blowouts or other accidental losses; (F) used
or consumed for domestic or agricultural purposes on the lease or production unit from
which it is severed; or (G) placed in underground storage for recovery at a later date and
which was either originally severed outside of the state of Kansas, or as to which the tax
levied pursuant to this act has been paid;
(2) the severance and production of oil which is: (A) From a lease or production unit
whose average daily production is five barrels or less per producing well, which well or wells
have not been significantly curtailed by reason of mechanical failure or other disruption of
production; (B) from a lease or production unit, the producing well or wells upon which
have a completion depth of 2,000 feet or more, and whose average daily production is six
barrels or less per producing well or, if the price of oil as determined pursuant to subsection
(d) is $16 or less, whose average daily production is seven barrels or less per producing well,
or, if the price of oil as determined pursuant to subsection (d) is $15 or less, whose average
daily production is eight barrels or less per producing well, or, if the price of oil as
determined pursuant to subsection (d) is $14 or less, whose average daily production is nine
barrels or less per producing well, or, if the price of oil as determined pursuant to subsection
(d) is $13 or less, whose average daily production is 10 barrels or less per producing well,
which well or wells have not been significantly curtailed by reason of mechanical failure or
other disruption of production; (C) from a lease or production unit, whose production results
from a tertiary recovery process. ``Tertiary recovery process'' means the process or processes
described in subparagraphs (1) through (9) of 10 C.F.R. 212.78(c) as in effect on June 1,
1979; (D) from a lease or production unit, the producing well or wells upon which have a
completion depth of less than 2,000 feet and whose average daily production resulting from
a water flood process, is six barrels or less per producing well, which well or wells have not
been significantly curtailed by reason of mechanical failure or other disruption of production;
(E) from a lease or production unit, the producing well or wells upon which have a
completion depth of 2,000 feet or more, and whose average daily production resulting from
a water flood process, is seven barrels or less per producing well or, if the price of oil as
determined pursuant to subsection (d) is $16 or less, whose average daily production is eight
barrels or less per producing well, or, if the price of oil as determined pursuant to subsection
(d) is $15 or less, whose average daily production is nine barrels or less per producing well,
or, if the price of oil as determined pursuant to subsection (d) is $14 or less, whose average
daily production is 10 barrels or less per producing well, which well or wells have not been
significantly curtailed by reason of mechanical failure or other disruption of production; (F)
test, frac or swab oil which is sold or exchanged for value; or (G) inadvertently lost on the
lease or production unit by reason of leaks or other accidental means;
(3) (A) any taxpayer applying for an exemption pursuant to subsection (b)(2)(A) and
(B) shall make application annually to the director of taxation therefor. Exemptions granted
pursuant to subsection (b)(2)(A) and (B) shall be valid for a period of one year following
the date of certification thereof by the director of taxation; (B) any taxpayer applying for an
exemption pursuant to subsection (b)(2)(D) or (E) shall make application annually to the
director of taxation therefor. Such application shall be accompanied by proof of the approval
of an application for the utilization of a water flood process therefor by the corporation
commission pursuant to rules and regulations adopted under the authority of K.S.A. 55-152
and amendments thereto and proof that the oil produced therefrom is kept in a separate
tank battery and that separate books and records are maintained therefor. Such exemption
shall be valid for a period of one year following the date of certification thereof by the
director of taxation; and (C) notwithstanding the provisions of paragraph (A) or (B), any
exemption in effect on the effective date of this act affected by the amendments to
subsection (b)(2) by this act shall be redetermined in accordance with such amendments.
Any such exemption, and any new exemption established by such amendments and applied
for after the effective date of this shall be valid for a period commencing with May 1, 1998,
and ending on April 30, 1999.
(4) the severance and production of gas or oil from any pool from which oil or gas was
first produced on or after April 1, 1983, as determined by the state corporation commission
and certified to the director of taxation, and continuing for a period of 24 months from the
month in which oil or gas was first produced from such pool as evidenced by an affidavit of
completion of a well, filed with the state corporation commission and certified to the director
of taxation. Exemptions granted for production from any well pursuant to this paragraph
shall be valid for a period of 24 months following the month in which oil or gas was first
produced from such pool. The term ``pool'' means an underground accumulation of oil or
gas in a single and separate natural reservoir characterized by a single pressure system so
that production from one part of the pool affects the reservoir pressure throughout its extent;
(5) the severance and production of oil or gas from a three-year inactive well, as
determined by the state corporation commission and certified to the director of taxation,
for a period of 10 years after the date of receipt of such certification. As used in this
paragraph, ``three-year inactive well'' means any well that has not produced oil or gas in
more than one month in the three years prior to the date of application to the state
corporation commission for certification as a three-year inactive well. An application for
certification as a three-year inactive well shall be in such form and contain such information
as required by the state corporation commission, and shall be made prior to July 1, 1996.
The commission may revoke a certification if information indicates that a certified well was
not a three-year inactive well or if other lease production is credited to the certified well.
Upon notice to the operator that the certification for a well has been revoked, the exemption
shall not be applied to the production from that well from the date of revocation;
(6) (A) The incremental severance and production of oil or gas which results from a
production enhancement project begun on or after July 1, 1998, shall be exempt for a period
of seven years from the startup date of such project. As used in this paragraph (6):
(1) ``Incremental severance and production'' means the amount of oil or natural gas
which is produced as the result of a production enhancement project which is in excess of
the base production of oil or natural gas, and is determined by subtracting the base
production from the total monthly production after the production enhancement projects
is completed.
(2) ``Base production'' means the average monthly amount of production for the twelve-
month period immediately prior to the production enhancement project beginning date,
minus the monthly rate of production decline for the well or project for each month
beginning 180 days prior to the project beginning date. The monthly rate of production
decline shall be equal to the average extrapolated monthly decline rate for the well or project
for the twelve-month period immediately prior to the production enhancement project
beginning date, except that the monthly rate of production decline shall be equal to zero in
the case where the well or project has experienced no monthly decline during the twelve-
month period immediately prior to the production enhancement project beginning date. Such
monthly rate of production decline shall be continued as the decline that would have
occurred except for the enhancement project. Any well or project which may have produced
during the twelve-month period immediately prior to the production enhancement project
beginning date but is not capable of production on the project beginning date shall have a
base production equal to zero. The calculation of the base production amount shall be
evidenced by an affidavit and supporting documentation filed by the applying taxpayer with
the state corporation commission.
(3) ``Workover'' means any downhole operation in an existing oil or gas well that is
designed to sustain, restore or increase the production rate or ultimate recovery of oil or
gas, including but not limited to acidizing, reperforation, fracture treatment, sand/paraffin/
scale removal or other wellbore cleanouts, casing repair, squeeze cementing, initial
installation, or enhancement of artificial lifts including plunger lifts, rods, pumps,
submersible pumps and coiled tubing velocity strings, downsizing existing tubing to reduce
well loading, downhole commingling, bacteria treatments, polymer treatments, upgrading
the size of pumping unit equipment, setting bridge plugs to isolate water production zones,
or any combination of the aforementioned operations; ``workover'' shall not mean the routine
maintenance, routine repair, or like for-like replacement of downhole equipment such as
rods, pumps, tubing packers or other mechanical device.
(4) ``Production enhancement project'' means performing or causing to be performed
the following:
(i) Workover;
(ii) recompletion to a different producing zone in the same well bore, except
recompletions in formations and zones subject to a state corporation commission proration
order;
(iii) secondary recovery projects;
(iv) addition of mechanical devices to dewater a gas or oil well;
(v) replacement or enhancement of surface equipment;
(vi) installation or enhancement of compression equipment, line looping or other
techniques or equipment which increases production from a well or a group of wells in a
project;
(vii) new discoveries of oil or gas which are discovered as a result of the use of new
technology, including, but not limited to, three dimensional seismic studies.
(B) The state corporation commission shall adopt rules and regulations necessary to
efficiently and properly administer the provisions of this paragraph (6) including rules and
regulations for the qualification of production enhancement projects, the procedures for
determining the monthly rate of production decline, criteria for determining the share of
incremental production attributable to each well when a production enhancement project
includes a group of wells, criteria for determining the start up date for any project for which
an exemption is claimed, and determining new qualifying technologies for the purposes of
paragraph (6)(A)(4)(vii).
(C) Any taxpayer applying for an exemption pursuant to this paragraph (6) shall make
application to the director of taxation. Such application shall be accompanied by a state
corporation commission certification that the production for which an exemption is sought
results from a qualified production enhancement project and certification of the base
production for the enhanced wells or group of wells, and the rate of decline to be applied
to that base production. The secretary of revenue shall provide credit for any taxes paid
between the project startup date and the certification of qualifications by the commission.
(D) The exemptions provided for in this paragraph (6) shall not apply for 12 months
beginning July 1 of the year subsequent to any calendar year during which: (1) In the case
of oil, the secretary of revenue determines that the weighted average price of Kansas oil at
the wellhead has exceeded $20.00 per barrel; or (2) in the case of natural gas the secretary
of revenue determines that the weighted average price of Kansas gas at the wellhead has
exceeded $2.50 per Mcf.
(E) The provisions of this paragraph (6) shall not affect any other exemption allowable
pursuant to this section; and
(7) for the calendar year 1988, and any year thereafter, the severance or production of
the first 350,000 tons of coal from any mine as certified by the state geological survey.
(c) No exemption shall be granted pursuant to subsection (b)(3) or (4) to any person
who does not have a valid operator's license issued by the state corporation commission,
and no refund of tax shall be made to any taxpayer attributable to any production in a period
when such taxpayer did not hold a valid operator's license issued by the state corporation
commission.
(d) On April 15, 1988, and on April 15 of each year thereafter, the secretary of revenue
shall determine from statistics compiled and provided by the United States department of
energy, the average price per barrel paid by the first purchaser of crude oil in this state for
the six-month period ending on December 31 of the preceding year. Such price shall be
used for the purpose of determining exemptions allowed by subsection (b)(2)(B) or (E) for
the twelve-month period commencing on May 1 of such year and ending on April 30 of the
next succeeding year.
Sec. 32. K.S.A. 79-32,143 is hereby amended to read as follows: 79-32,143. (a) For net
operating losses incurred in taxable years beginning after December 31, 1987, a net
operating loss deduction shall be allowed in the same manner that it is allowed under the
federal internal revenue code except that such net operating loss may only be carried forward
to each of the 10 taxable years following the taxable year of the net operating loss. For net
operating losses in taxable years beginning after December 31, 1999, a net operating loss
deduction shall be allowed in the same manner that it is allowed under the federal internal
revenue code except that such net operating loss may be carried forward to each of the 10
taxable years following the taxable year of the net operating loss. The amount of the net
operating loss that may be carried back or forward for Kansas income tax purposes shall be
that portion of the federal net operating loss allocated to Kansas under this act in the taxable
year that the net operating loss is sustained.
(b) The amount of the loss to be carried back or forward will be the federal net operating
loss after (1) all modifications required under this act applicable to the net loss in the year
the loss was incurred; and (2) after apportionment as to source in the case of corporations,
nonresident individuals for losses incurred in taxable years beginning prior to January 1,
1978, and nonresident estates and trusts in the same manner that income for such
corporations, nonresident individuals, estates and trusts is required to be apportioned.
(c) If a net operating loss was incurred in a taxable year beginning prior to January 1,
1988, the amount of the net operating loss that may be carried back and carried forward
and the period for which it may be carried back and carried forward shall be determined
under the provisions of the Kansas income tax laws which were in effect during the year
that such net operating loss was incurred.
(d) If any portion of a net operating loss described in subsections (a) and (b) is not
utilized prior to the final year of the carryforward period provided in subsection (a), a refund
shall be allowable in such final year in an amount equal to the refund which would have
been allowable in the taxable year the loss was incurred by utilizing the three year carryback
provided under K.S.A. 79-32,143, as in effect on December 31, 1987, multiplied by a
fraction, the numerator of which is the unused portion of such net operating loss in the final
year, and the denominator of which is the amount of such net operating loss which could
have been carried back to the three years immediately preceding the year in which the loss
was incurred. In no event may such fraction exceed 1.
(e) Notwithstanding any other provisions of the Kansas income tax act, the net operating
loss as computed under subsections (a), (b) and (c) of this section shall be allowed in full in
determining Kansas taxable income or at the option of the taxpayer allowed in full in
determining Kansas adjusted gross income.
(f) No refund of income tax which results from a net operating loss carry back shall be
allowed in an amount exceeding $1,500 in any year. Any excess amount may be carried back
or forward to any other year or years as provided by this section.
Sec. 33. On and after January 1, 2000, K.S.A. 1999 Supp. 79-32,208 is hereby
repealed.'';
By renumbering existing sections accordingly;
Also on page 18, in line 27, before ``79-'', by inserting ``79-32,143,''; in line 28, by striking
``and 79-41a03a'' and inserting ``, 79-41a03a, 79-4502, 79-4512, 79-4514 and 79-4517 and
K.S.A. 1999 Supp. 79-3234 and 79-4217'';
In the title, in line 12, by striking all after the semicolon; in line 13, by striking all before
``amending''; in line 15, before ``79-3615'', by inserting ``79-32,143,''; also in line 15, by
striking ``and 79-41a03a'' and inserting ``, 79-41a03a, 79-4502 and 79-4517 and K.S.A. 1999
Supp. 79-3234 and 79-4217''; in line 16, before the period by inserting ``, 79-4512 and 79-
4514 and K.S.A. 1999 Supp. 79-32,208'';
\ And your committee on conference recommends the adoption of this report.
Susan Weeks
Clay Aurand
Melvin G. Minor
Conferees on the part of House
Audrey Langworthy
David R. Corbin
Janis K. Lee
Conferees on part of Senate
Senator Langworthy moved the Senate adopt the Conference Committee Report on SB
410.
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 Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 483, submits the following report:
Your committee on conference agrees to disagree and recommends that a new conference
committee be appointed;
\ And your committee on conference recommends the adoption of this report.
Michael R. O'Neal
Tim Carmody
Janice L. Pauls
Conferees on the part of House
Tim Emert
John Vratil
Greta Goodwin
Conferees on part of Senate
On motion of Senator Emert, the Senate adopted the conference committee report on
SB 483, and requested a new conference committee be appointed.
The President appointed Senators Emert, Vratil and Goodwin as a second Conference
Committee on the part of the Senate on SB 483.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to Substitute for SB 599, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with House Committee amendments,
as follows:
On page 1, in line 31, after ``responsible'' by inserting ``or designated''; in line 34, after
``responsible'' by inserting ``or designated''; in line 37, after ``responsible'' by inserting ``or
designated''; in line 41, by striking ``skilled''; in line 43, by striking ``is qualified by academic
training to provide'' and inserting ``provides'';
On page 2, in line 1, by striking all after ``a''; in line 2, by striking all before the period
and inserting ``responsible physician''; in line 7, by striking ``Supervising physician'' and
inserting ``Designated physician''; also in line 7, by striking ``a responsible physician or''; in
line 9, by striking all after the period; by striking all in lines 10 through 43;
By striking all of page 3;
On page 4, by striking all in lines 1 through 9; in line 10, by striking ``(c)'' and inserting
``(7)''; in line 13, by striking ``(d)'' and inserting ``(8)''; in line 16, by striking ``rec-''; by striking
all in lines 17 and 18 and inserting: ``registry of the names of physician assistants who may
engage in active practice. No person's name shall be entered on the registry of physician
assistants unless such person has:
(1) Presented to the state board of healing arts proof of current licensure;
(2) presented to the board a request signed by the applicant's proposed responsible
physician on a form provided by the board which shall contain such information as required
by rules and regulations adopted by the board.
(b) A person's name may be removed from the registry of physician assistants who may
engage in private practice if:
(1) The person whose name is entered on the registry as a licensed physician assistant
requests or consents to the removal thereof;
(2) the state board of healing arts determines that the person whose name is entered
on the registry as a licensed physician assistant has not been employed as a physician assistant
or as a teacher or instructor of persons being educated and trained to become a physician
assistant in a course of education and training approved by the state board of healing arts
under this act and amendments thereto at sometime during the five years immediately
preceding the date of such determination.
(3) the board determines, after notice and opportunity to be heard, in accordance with
the provisions of the Kansas administrative procedure act, that a physician assistant has
violated any provision of this act and amendments thereto, or any rules and regulations
adopted pursuant thereto; or
(4) the board determines, after notice and opportunity to be heard, in accordance with
the provisions of the Kansas administrative procedure act, that the request by the proposed
responsible physician pursuant to this act and amendments thereto should not be approved.
(c) The state board of healing arts may remove a person's name from the registry as a
licensed physician assistant or may refuse to place a person's name on the registry as a
licensed physician assistant if the board determines, after notice and opportunity for hearing
in accordance with the provisions of the Kansas administrative procedure act, that a
physician assistant has exceeded or has acted outside the scope of authority given the
physician assistant by the responsible physician or by this act.'';
And by redesignating subsections accordingly;
Also on page 4, in line 37, by striking ``(d)'' and inserting ``(f)'';
On page 5, in line 24, by striking ``shall'' and inserting ``may''; also in line 24, by striking
the comma; in line 25, by striking all before ``for''; also in line 25, by striking ``It''; by striking
all in lines 26 and 27;
On page 6, by striking all in lines 23 through 43;
By striking all of page 7;
On page 8, by striking all in lines 1 through 21; following line 21, by inserting the following:
``(a) The licensee has committed an act of unprofessional conduct as defined by rules
and regulations adopted by the board;
(b) the licensee has obtained a license by means of fraud, misrepresentations or
concealment of material facts;
(c) the licensee has committed an act of professional incompetency as defined by rules
and regulations adopted by the board;
(d) the licensee has been convicted of a felony;
(e) the licensee has violated any provision of this act and amendments thereto;
(f) the licensee has violated any lawful order or rule and regulation of the board;
(g) the licensee has exceeded or has acted outside the scope of authority given the
physician assistant by the responsible physician or by this act;
(h) the licensee has assisted suicide in violation of K.S.A. 21-3406 and amendments
thereto as established by any of the following:'';
On page 9, in line 12, by striking all after ``(7)''; by striking all in lines 13 through 15; in
line 16, by striking all before the period and inserting ``other health care providers licensed,
registered, certified or otherwise credentialed by agencies of the state of Kansas''; by striking
all in lines 20 through 43;
On page 10, by striking all in lines 1 through 3;
On page 11, in line 31, by striking ``designate a'' and inserting ``name a designated''; by
striking all in lines 33 through 36;
On page 12, in line 1, by striking ``supervising'' and inserting ``responsible''; also in line
1, following ``physician'', by inserting ``and the form required under subsection (a)(2) of
section 3 and amendments thereto''; in line 4, by striking ``supervising'' and inserting
``designated''; in line 9, by striking ``supervising'' and inserting ``responsible'';
\ And your committee on conference recommends the adoption of this report.
Garry Boston
Gerald G. Geringer
Jerry Henry
Conferees on the part of House
Sandy Praeger
Chris Steineger
Larry D. Salmans
Conferees on part of Senate
Senator Praeger moved the Senate adopt the Conference Committee Report on Sub SB
599.
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 Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to SENATE Substitute for HB 2027, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill as follows:
On page 1, preceding line 43, by inserting the following:
``(d) The enactment of this legislation shall not be considered a statement of legislative
intent to endorse future state general fund financing for ensuing fiscal years for the proposed
nonjudicial pay plan contained in the report to the Kansas supreme court by the nonjudicial
salary initiative entitled nonjudicial employee compensation submitted to the 2000
legislature.'';
On page 4, in line 37, by striking ``$53'' and inserting ``$54'';
On page 5, in line 6, by striking ``$53'' and inserting ``$54''; in line 13, by striking ``$53''
and inserting ``$54''; in line 23, by striking ``55%'' and inserting ``56%''; in line 24, by striking
``45%'' and inserting ``44%''; in line 32, by striking ``6.01%'' and inserting ``6.05%''; in line
33, by striking ``3.34%'' and inserting ``3.36%''; in line 35, by striking ``2.57%'' and inserting
``2.58%''; in line 37, by striking ``.70%'' and inserting ``.69%''; in line 39, by striking ``2.06%''
and inserting ``2.07%''; in line 41, by striking ``5.20%'' and inserting ``5.23%'';
On page 6, in line 1, by striking ``endowment for youth'' and inserting ``juvenile
delinquency prevention''; in line 2, by striking ``1.52%'' and inserting ``1.53''; in line 6, by
striking ``1.80%'' and inserting ``1.81%''; in line 8, by striking ``22.37%'' and inserting
``21.97%''; in line 17, by striking ``145.00'' and inserting ``146.00''; in line 18, by striking
``110.00'' and inserting ``111.00''; in line 30, by striking ``$53'' and inserting ``$54''; in line
33, by striking ``$53'' and inserting ``$54''; in line 38, by striking ``$53'' and inserting ``$54'';
in line 41, by striking ``$53'' and inserting ``$54'';
On page 7, in line 34, by striking ``$87'' and inserting ``$101'';
On page 8, in line 38, by striking ``$44'' and inserting ``$26''; in line 39, by striking ``$5,000''
and inserting ``$500''; also in line 39, by striking ``$65'' and inserting ``$46''; in line 40,
following ``exceeds'', by inserting ``$500 but does not exceed''; also in line 40, before the
period, by inserting: ``or $76 if the amount in controversy or claimed exceeds $5,000'';
On page 9, in line 12, by striking ``$22'' and inserting ``$26''; in line 13, by striking ``$40''
and inserting ``$46'';
And your committee on conference recommends the adoption of this report.
Pat Ranson
Nick Jordan
Mark Gilstrap
Conferees on the part of Senate
David Adkins
Jeff Peterson
Rocky Nichols
Conferees on part of House
Senator Ranson moved the Senate adopt the Conference Committee Report on S Sub
for HB 2027.
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 Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to Senate Substitute for HB 2224, submits the following report:
The House accedes to all Senate amendments to the substitute bill, and your committee
on conference further agrees to amend the substitute bill, as printed with Senate Committee
of the Whole amendments, as follows:
On page 1, preceding line 21, by inserting new material to read as follows:
``New Section 1. There is hereby established in the state treasury the family services
and community intervention fund which shall be administered by the secretary of social and
rehabilitation services. The secretary of social and rehabilitation services may accept money
from any source for the purposes for which money in the family services and community
intervention fund may be expended. Upon receipt of such money, the secretary shall remit
the entire amount at least monthly to the state treasurer, who shall deposit it in the state
treasury and credit it to the family services and community intervention fund. All moneys
in the special fund for family services and community intervention shall be used for the
purpose of assisting state, county, or local governments or political subdivisions thereof; or
community agencies; to provide services, intervention and support services to children
alleged or adjudged to be a child in need of care as defined by K.S.A. 38-1502, and
amendments thereto, especially those youth at risk because of their own actions or behaviors
and not due to abuse or neglect by a parent, guardian or other person responsible for their
care. The purpose of the family services and community intervention fund shall be to
enhance the ability of families and children to resolve problems within the family and
community that might otherwise result in a child becoming a ward of the court, by the
collaboration of governmental and local service providers. All expenditures from the family
services and community intervention fund shall be made in accordance with appropriation
acts upon warrants of the director of accounts and reports issued pursuant to vouchers
approved by the secretary or by a person or persons designated by the secretary.'';
By renumbering remaining sections accordingly;
On page 2, preceding line 38, by inserting new material to read as follows:
``Sec. 3. K.S.A. 1999 Supp. 38-1502 is hereby amended to read as follows: 38-1502. As
used in this code, unless the context otherwise indicates:
(a) ``Child in need of care'' means a person less than 18 years of age who:
(1) Is without adequate parental care, control or subsistence and the condition is not
due solely to the lack of financial means of the child's parents or other custodian;
(2) is without the care or control necessary for the child's physical, mental or emotional
health;
(3) has been physically, mentally or emotionally abused or neglected or sexually abused;
(4) has been placed for care or adoption in violation of law;
(5) has been abandoned or does not have a known living parent;
(6) is not attending school as required by K.S.A. 72-977 or 72-1111, and amendments
thereto;
(7) except in the case of a violation of K.S.A. 41-727, subsection (j) of K.S.A. 74-8810
or subsection (m) or (n) of K.S.A. 79-3321, and amendments thereto, or, except as provided
in subsection (a)(12) of K.S.A. 21-4204a and amendments thereto, does an act which, when
committed by a person under 18 years of age, is prohibited by state law, city ordinance or
county resolution but which is not prohibited when done by an adult;
(8) while less than 10 years of age, commits any act which if done by an adult would
constitute the commission of a felony or misdemeanor as defined by K.S.A. 21-3105 and
amendments thereto;
(9) is willfully and voluntarily absent from the child's home without the consent of the
child's parent or other custodian;
(10) is willfully and voluntarily absent at least a second time from a court ordered or
designated placement, or a placement pursuant to court order, if the absence is without the
consent of the person with whom the child is placed or, if the child is placed in a facility,
without the consent of the person in charge of such facility or such person's designee;
(11) has been residing in the same residence with a sibling or another person under 18
years of age, who has been physically, mentally or emotionally abused or neglected, or
sexually abused; or
(12) while less than 10 years of age commits the offense defined in K.S.A. 21-4204a and
amendments thereto.
(b) ``Physical, mental or emotional abuse or neglect'' means the infliction of physical,
mental or emotional injury or the causing of a deterioration of a child and may include, but
shall not be limited to, failing to maintain reasonable care and treatment, negligent treatment
or maltreatment or exploiting a child to the extent that the child's health or emotional well-
being is endangered. A parent legitimately practicing religious beliefs who does not provide
specified medical treatment for a child because of religious beliefs shall not for that reason
be considered a negligent parent; however, this exception shall not preclude a court from
entering an order pursuant to subsection (a)(2) of K.S.A. 38-1513 and amendments thereto.
(c) ``Sexual abuse'' means any act committed with a child which is described in article
35, chapter 21 of the Kansas Statutes Annotated and those acts described in K.S.A. 21-3602
or 21-3603, and amendments thereto, regardless of the age of the child.
(d) ``Parent,'' when used in relation to a child or children, includes a guardian,
conservator and every person who is by law liable to maintain, care for or support the child.
(e) ``Interested party'' means the state, the petitioner, the child, any parent and any
person found to be an interested party pursuant to K.S.A. 38-1541 and amendments thereto.
(f) ``Law enforcement officer'' means any person who by virtue of office or public
employment is vested by law with a duty to maintain public order or to make arrests for
crimes, whether that duty extends to all crimes or is limited to specific crimes.
(g) ``Youth residential facility'' means any home, foster home or structure which provides
24-hour-a-day care for children and which is licensed pursuant to article 5 of chapter 65 of
the Kansas Statutes Annotated.
(h) ``Shelter facility'' means any public or private facility or home other than a juvenile
detention facility that may be used in accordance with this code for the purpose of providing
either temporary placement for the care of children in need of care prior to the issuance of
a dispositional order or longer term care under a dispositional order.
(i) ``Juvenile detention facility'' means any secure public or private facility used for the
lawful custody of accused or adjudicated juvenile offenders which must not be a jail.
(j) ``Adult correction facility'' means any public or private facility, secure or nonsecure,
which is used for the lawful custody of accused or convicted adult criminal offenders.
(k) ``Secure facility'' means a facility which is operated or structured so as to ensure that
all entrances and exits from the facility are under the exclusive control of the staff of the
facility, whether or not the person being detained has freedom of movement within the
perimeters of the facility, or which relies on locked rooms and buildings, fences or physical
restraint in order to control behavior of its residents. No secure facility shall be in a city or
county jail.
(l) ``Ward of the court'' means a child over whom the court has acquired jurisdiction by
the filing of a petition pursuant to this code and who continues subject to that jurisdiction
until the petition is dismissed or the child is discharged as provided in K.S.A. 38-1503 and
amendments thereto.
(m) ``Custody,'' whether temporary, protective or legal, means the status created by
court order or statute which vests in a custodian, whether an individual or an agency, the
right to physical possession of the child and the right to determine placement of the child,
subject to restrictions placed by the court.
(n) ``Placement'' means the designation by the individual or agency having custody of
where and with whom the child will live.
(o) ``Secretary'' means the secretary of social and rehabilitation services.
(p) ``Relative'' means a person related by blood, marriage or adoption but, when
referring to a relative of a child's parent, does not include the child's other parent.
(q) ``Court-appointed special advocate'' means a responsible adult other than an attorney
guardian ad litem who is appointed by the court to represent the best interests of a child,
as provided in K.S.A. 38-1505a and amendments thereto, in a proceeding pursuant to this
code.
(r) ``Multidisciplinary team'' means a group of persons, appointed by the court or by
the state department of social and rehabilitation services under K.S.A. 38-1523a and
amendments thereto, which has knowledge of the circumstances of a child in need of care.
A multidisciplinary team may serve as a community services team.
(s) ``Jail'' means:
(1) An adult jail or lockup; or
(2) a facility in the same building or on the same grounds as an adult jail or lockup,
unless the facility meets all applicable standards and licensure requirements under law and
there is (A) total separation of the juvenile and adult facility spatial areas such that there
could be no haphazard or accidental contact between juvenile and adult residents in the
respective facilities; (B) total separation in all juvenile and adult program activities within
the facilities, including recreation, education, counseling, health care, dining, sleeping, and
general living activities; and (C) separate juvenile and adult staff, including management,
security staff and direct care staff such as recreational, educational and counseling.
(t) ``Kinship care'' means the placement of a child in the home of the child's relative or
in the home of another adult with whom the child or the child's parent already has a close
emotional attachment.
(u) ``Juvenile intake and assessment worker'' means a responsible adult authorized to
perform intake and assessment services as part of the intake and assessment system
established pursuant to K.S.A. 75-7023, and amendments thereto.
(v) ``Abandon'' means to forsake, desert or cease providing care for the child without
making appropriate provisions for substitute care.
(w) ``Permanent guardianship'' means a judicially created relationship between child
and caretaker which is intended to be permanent and self-sustaining without ongoing state
oversight or intervention by the secretary. The permanent guardian stands in loco parentis
and exercises all the rights and responsibilities of a parent. Upon appointment of a
permanent guardian, the child in need of care proceedings shall be dismissed. A permanent
guardian may be appointed after termination of parental rights or without termination of
parental rights, if the parent consents and agrees to the appointment of a permanent
guardian. Upon appointment of a permanent guardian, the child shall be discharged from
the custody of the secretary.
(x) ``Aggravated circumstances'' means the abandonment, torture, chronic abuse, sexual
abuse or chronic, life threatening neglect of a child.
(y) ``Permanency hearing'' means a notice and opportunity to be heard is provided to
interested parties, foster parents, preadoptive parents or relatives providing care for the
child. The court, after consideration of the evidence, shall determine whether progress
toward the case plan goal is adequate or reintegration is a viable alternative, or if the case
should be referred to the county or district attorney for filing of a petition to terminate
parental rights or to appoint a permanent guardian.
(z) ``Extended out of home placement'' means a child has been in the custody of the
secretary and placed with neither parent for 15 of the most recent 22 months beginning 60
days after the date at which a child in the custody of the secretary was removed from the
home.
(aa) ``Educational institution'' means all schools at the elementary and secondary levels.
(bb) ``Educator'' means any administrator, teacher or other professional or
paraprofessional employee of an educational institution who has exposure to a pupil specified
in subsection (a) of K.S.A. 1999 Supp. 72-89b03 and amendments thereto.
(cc) ``Neglect'' means acts or omissions by a parent, guardian or person responsible for
the care of a child resulting in harm to a child or presenting a likelihood of harm and the
acts or omissions are not due solely to the lack of financial means of the child's parents or
other custodian. Neglect may include but shall not be limited to:
(1) Failure to provide the child with food, clothing or shelter necessary to sustain the
life or health of the child;
(2) failure to provide adequate supervision of a child or to remove a child from a situation
which requires judgment or actions beyond the child's level of maturity, physical condition
or mental abilities and that results in bodily injury or a likelihood of harm to the child; or
(3) failure to use resources available to treat a diagnosed medical condition if such
treatment will make a child substantially more comfortable, reduce pain and suffering,
correct or substantially diminish a crippling condition from worsening. A parent legitimately
practicing religious beliefs who does not provide specified medical treatment for a child
because of religious beliefs shall not for that reason be considered a negligent parent;
however, this exception shall not preclude a court from entering an order pursuant to
subsection (a)(2) of K.S.A. 38-1513, and amendments thereto.
(dd) ``Community services team'' means a group of persons, appointed by the court or
by the state department of social and rehabilitation services for the purpose of assessing the
needs of a child who is alleged to be a child in need of care.
Sec. 4. K.S.A. 38-1503 is hereby amended to read as follows: 38-1503. (a) Proceedings
concerning any child who appears to be a child in need of care shall be governed by this
code, except in those instances when the Indian child welfare act of 1978 (25 U.S.C. § §
1901 et seq.) applies.
(b) Subject to the uniform child custody jurisdiction act, K.S.A. 38-1301 et seq. and
amendments thereto, the district court shall have original jurisdiction to receive and
determine proceedings under this code.
(c) When jurisdiction has been acquired by the court over the person of a child in need
of care it may continue until the child: (1) Has attained the age of 21 years; (2) has been
adopted; or (3) has been discharged by the court. Any child 18 years of age or over may
request, by motion to the court, that the jurisdiction of the court cease. Subsequently, the
court shall enter an order discharging the person from any further jurisdiction of the court.
(d) When it is no longer appropriate for the court to exercise jurisdiction over a child
the court, upon its own motion or the motion of an interested party, shall enter an order
discharging the child. Except upon request of the child, the court shall not enter an order
discharging a child which reaches 18 years of age before completing the child's high school
education until June 1 of the school year during which the child became 18 years of age as
long as the child is still attending high school.
(e) Unless the court finds that substantial injustice would result, the provisions of this
code shall govern with respect to acts or omissions occurring prior to the effective date of
this code, and amendments thereto, and with respect to children alleged or adjudicated to
have done or to have been affected by the acts or omissions, to the same extent as if the
acts or omissions had occurred on or after the effective date of this code, and amendments
thereto, and the children had been alleged or adjudicated to be children in need of care.
Sec. 5. K.S.A. 1999 Supp. 38-1507 is hereby amended to read as follows: 38-1507. (a)
Except as otherwise provided, in order to protect the privacy of children who are the subject
of a child in need of care record or report, all records and reports concerning children in
need of care, including the juvenile intake and assessment report, received by the
department of social and rehabilitation services, a law enforcement agency or any juvenile
intake and assessment worker shall be kept confidential except: (1) To those persons or
entities with a need for information that is directly related to achieving the purposes of this
code, or (2) upon an order of a court of competent jurisdiction pursuant to a determination
by the court that disclosure of the reports and records is in the best interests of the child
or are necessary for the proceedings before the court, or both, and are otherwise admissible
in evidence. Such access shall be limited to in camera inspection unless the court otherwise
issues an order specifying the terms of disclosure.
(b) The provisions of subsection (a) shall not prevent disclosure of information to an
educational institution or to individual educators about a pupil specified in subsection (a)
of K.S.A. 1999 Supp. 72-89b03 and amendments thereto.
(c) When a report is received by the department of social and rehabilitation services, a
law enforcement agency or any juvenile intake and assessment worker which indicates a
child may be in need of care, the following persons and entities shall have a free exchange
of information between and among them:
(1) The department of social and rehabilitation services;
(2) the commissioner of juvenile justice;
(3) the law enforcement agency receiving such report;
(4) members of a court appointed multidisciplinary team;
(5) an entity mandated by federal law or an agency of any state authorized to receive
and investigate reports of a child known or suspected to be in need of care;
(6) a military enclave or Indian tribal organization authorized to receive and investigate
reports of a child known or suspected to be in need of care;
(7) a county or district attorney;
(8) a court services officer who has taken a child into custody pursuant to K.S.A. 38-
1527, and amendments thereto;
(9) a guardian ad litem appointed for a child alleged to be in need of care;
(10) an intake and assessment worker; and
(11) any community corrections program which has the child under court ordered
supervision;
(12) the department of health and environment or persons authorized by the department
of health and environment pursuant to K.S.A. 59-512, and amendments thereto, for the
purpose of carrying out responsibilities relating to licensure or registration of child care
providers as required by chapter 65 of article 5 of the Kansas Statutes Annotated, and
amendments thereto; and
(13) members of a duly appointed community services team.
(d) The following persons or entities shall have access to information, records or reports
received by the department of social and rehabilitation services, a law enforcement agency
or any juvenile intake and assessment worker. Access shall be limited to information
reasonably necessary to carry out their lawful responsibilities to maintain their personal
safety and the personal safety of individuals in their care or to diagnose, treat, care for or
protect a child alleged to be in need of care.
(1) A child named in the report or records.
(2) A parent or other person responsible for the welfare of a child, or such person's
legal representative.
(3) A court-appointed special advocate for a child, a citizen review board or other
advocate which reports to the court.
(4) A person licensed to practice the healing arts or mental health profession in order
to diagnose, care for, treat or supervise: (A) A child whom such service provider reasonably
suspects may be in need of care; (B) a member of the child's family; or (C) a person who
allegedly abused or neglected the child.
(5) A person or entity licensed or registered by the secretary of health and environment
or approved by the secretary of social and rehabilitation services to care for, treat or
supervise a child in need of care. In order to assist a child placed for care by the secretary
of social and rehabilitation services in a foster home or child care facility, the secretary shall
provide relevant information to the foster parents or child care facility prior to placement
and as such information becomes available to the secretary.
(6) A coroner or medical examiner when such person is determining the cause of death
of a child.
(7) The state child death review board established under K.S.A. 22a-243, and
amendments thereto.
(8) A prospective adoptive parent prior to placing a child in their care.
(9) The department of health and environment or person authorized by the department
of health and environment pursuant to K.S.A. 59-512, and amendments thereto, for the
purpose of carrying out responsibilities relating to licensure or registration of child care
providers as required by chapter 65 of article 5 of the Kansas Statutes Annotated, and
amendments thereto.
(10) The state protection and advocacy agency as provided by subsection (a)(10) of
K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of K.S.A. 74-5515, and amendments thereto.
(11) Any educational institution to the extent necessary to enable the educational
institution to provide the safest possible environment for its pupils and employees.
(12) Any educator to the extent necessary to enable the educator to protect the personal
safety of the educator and the educator's pupils.
(13) The secretary of social and rehabilitation services.
(14) A law enforcement agency.
(15) A juvenile intake and assessment worker.
(16) The commissioner of juvenile justice.
(e) Information from a record or report of a child in need of care shall be available to
members of the standing house or senate committee on judiciary, house committee on
appropriations, senate committee on ways and means, legislative post audit committee and
joint committee on children and families, carrying out such member's or committee's official
functions in accordance with K.S.A. 75-4319 and amendments thereto, in a closed or
executive meeting. Except in limited conditions established by 2/3 of the members of such
committee, records and reports received by the committee shall not be further disclosed.
Unauthorized disclosure may subject such member to discipline or censure from the house
of representatives or senate.
(f) Nothing in this section shall be interpreted to prohibit the secretary of social and
rehabilitation services from summarizing the outcome of department actions regarding a
child alleged to be a child in need of care to a person having made such report.
(g) Disclosure of information from reports or records of a child in need of care to the
public shall be limited to confirmation of factual details with respect to how the case was
handled that do not violate the privacy of the child, if living, or the child's siblings, parents
or guardians. Further, confidential information may be released to the public only with the
express written permission of the individuals involved or their representatives or upon order
of the court having jurisdiction upon a finding by the court that public disclosure of
information in the records or reports is necessary for the resolution of an issue before the
court.
(h) Nothing in this section shall be interpreted to prohibit a court of competent
jurisdiction from making an order disclosing the findings or information pursuant to a report
of alleged or suspected child abuse or neglect which has resulted in a child fatality or near
fatality if the court determines such disclosure is necessary to a legitimate state purpose. In
making such order, the court shall give due consideration to the privacy of the child, if,
living, or the child's siblings, parents or guardians.
(i) Information authorized to be disclosed in subsections (d) through (g) shall not contain
information which identifies a reporter of a child in need of care.
(j) Records or reports authorized to be disclosed in this section shall not be further
disclosed, except that the provisions of this subsection shall not prevent disclosure of
information to an educational institution or to individual educators about a pupil specified
in subsection (a) of K.S.A. 1999 Supp. 72-89b03 and amendments thereto.
(k) Anyone who participates in providing or receiving information without malice under
the provisions of this section shall have immunity from any civil liability that might otherwise
be incurred or imposed. Any such participant shall have the same immunity with respect to
participation in any judicial proceedings resulting from providing or receiving information.
(l) No individual, association, partnership, corporation or other entity shall willfully or
knowingly disclose, permit or encourage disclosure of the contents of records or reports
concerning a child in need of care received by the department of social and rehabilitation
services, a law enforcement agency or a juvenile intake and assessment worker except as
provided by this code. Violation of this subsection is a class B misdemeanor.
Sec. 6. K.S.A. 1999 Supp. 38-1513 is hereby amended to read as follows: 38-1513. (a)
Physical or mental care and treatment. (1) When a child less than 18 years of age is alleged
to have been physically, mentally or emotionally abused or neglected or sexually abused, no
consent shall be required to medically examine the child to determine whether there has
been sexual abuse the child has been maltreated.
(2) When the health or condition of a child who is a ward of the court requires it, the
court may consent to the performing and furnishing of hospital, medical, surgical or dental
treatment or procedures, including the release and inspection of medical or dental records.
A child, or parent of any child, who is opposed to certain medical procedures authorized by
this subsection may request an opportunity for a hearing thereon before the court.
Subsequent to the hearing, the court may limit the performance of matters provided for in
this subsection or may authorize the performance of those matters subject to terms and
conditions the court considers proper.
(3) Prior to adjudication disposition the person having custody of the child may give
consent to the following:
(A) Dental treatment for the child by a licensed dentist;
(B) diagnostic examinations of the child, including but not limited to the withdrawal of
blood or other body fluids, x-rays and other laboratory examinations;
(C) releases and inspections of the child's medical history records;
(D) immunizations for the child;
(E) administration of lawfully prescribed drugs to the child; and
(F) examinations of the child including, but not limited to, the withdrawal of blood or
other body fluids or tissues, for the purpose of determining the child's parentage.
(4) When the court has granted legal custody of a child in a dispositional hearing to any
agency, association or individual, the custodian or an agent designated by the custodian shall
have authority to consent to the performance and furnishing of hospital, medical, surgical
or dental treatment or procedures or mental care or treatment other than inpatient
treatment at a state psychiatric hospital, including the release and inspection of medical or
hospital records, subject to terms and conditions the court considers proper.
(5) If a child is already in the custody of the secretary, the secretary may consent to the
mental care and treatment of the child, without court approval, so long as such care and
treatment do not include inpatient treatment at a state psychiatric hospital.
(6) Any health care provider who in good faith renders hospital, medical, surgical,
mental or dental care or treatment to any child after a consent has been obtained as
authorized by this section shall not be liable in any civil or criminal action for failure to
obtain consent of a parent.
(7) Nothing in this section shall be construed to mean that any person shall be relieved
of legal responsibility to provide care and support for a child.
(b) Mental care and treatment requiring court action. If it is brought to the court's
attention, while the court is exercising jurisdiction over the person of a child under this
code, that the child may be a mentally ill person as defined in K.S.A. 1999 Supp. 59-2946
and amendments thereto, the court may:
(1) Direct or authorize the county or district attorney or the person supplying the
information to file the petition provided for in K.S.A. 1999 Supp. 59-2957 and amendments
thereto and proceed to hear and determine the issues raised by the application as provided
in the care and treatment act for mentally ill persons; or
(2) authorize that the child seek voluntary admission to a treatment facility as provided
in K.S.A. 1999 Supp. 59-2949 and amendments thereto.
The application to determine whether the child is a mentally ill person may be filed in
the same proceedings as the petition alleging the child to be a child in need of care, or may
be brought in separate proceedings. In either event the court may enter an order staying
any further proceedings under this code until all proceedings have been concluded under
the care and treatment act for mentally ill persons.
Sec. 7. K.S.A. 38-1531 is hereby amended to read as follows: 38-1531. (a) Filing of
petition. An action pursuant to this code is commenced by the filing of a petition with the
clerk of the district court.
(b) Contents of petition. (1) The petition shall state, if known:
(A) The name, date of birth and residence address of the child;
(B) the name and residence address of the child's parents;
(C) the name and residence address of any persons having custody or control of the
child, or the nearest known relative if no parent can be found; and
(D) plainly and concisely in the language of the statutory definition, the basis for
requesting that the court assume jurisdiction over the child.
(2) The petition shall also state the specific facts which are relied upon to support the
allegation referred to in the preceding paragraph including any known dates, times and
locations.
(3) The proceedings shall be entitled: ``In the Interest of ____________.''
(4) The petition shall contain a request that the court find the child to be a child in
need of care.
(5) The petition shall contain a request that the parent or parents be ordered to pay
child support. The request for child support may be omitted with respect to a parent already
ordered to pay child support for the child and shall be omitted with respect to one or both
parents upon written request of the secretary.
(6) If the petition requests removal of the child from the child's home, the petition shall
specify the efforts known to the petitioner to maintain the family unit and prevent the
unnecessary removal of the child from the child's home, or shall specify the facts supporting
that an emergency exists which threatens the safety of the child.
(7) If the petition requests custody of the child to the secretary, the petition shall specify
the facts supporting that allowing the child to remain in the home would be contrary to the
welfare of the child or that placement is in the best interests of the child.
(c) Motions. Motions may be made orally or in writing. The motion shall state with
particularity the grounds for the motion and shall state the relief or order sought.
Sec. 8. K.S.A. 1999 Supp. 38-1532 is hereby amended to read as follows: 38-1532. Upon
the filing of a petition under this code the court shall proceed by one of the following
methods:
(a) Issue summons stating the place and time at which the parties are required to appear
and answer the allegations of the petition, which shall be within 30 days of the date the
petition is filed, and deliver the summons with copies of the petition attached to the sheriff
or a person specially appointed to serve it.
(b) If the child has been taken into protective custody under the provisions of K.S.A.
38-1542 and a temporary custody hearing is held as required by K.S.A. 38-1543, a copy of
the petition shall be served at the hearing on each interested party who is in attendance at
the hearing and a record of service made a part of the proceedings. The court shall announce
the time the parties will be required to next appear before the court. Process shall be served
on any interested party not at the temporary custody hearing.
Upon the written request of the petitioner or the county or district attorney separate or
additional summons shall be issued to any interested party.
The court shall attempt to notify both parents, if known.
(c) If the petition requests custody to the secretary, the court shall cause a copy of the
petition to be provided to the secretary for the purpose of documentation upon filing.
However, the failure of the secretary to receive a copy of the petition shall not affect the
jurisdiction of the court or its authority in the proceeding.
Sec. 9. K.S.A. 1999 Supp. 38-1542 is hereby amended to read as follows: 38-1542. (a)
The court upon verified application may issue ex parte an order directing that a child be
held in protective custody and, if the child has not been taken into custody, an order directing
that the child be taken into custody. The application shall state for each child:
(1) The applicant's belief that the child is a child in need of care and that allowing the
child to remain in the home is contrary to the welfare of the child or placement is in the best
interest of the child and that the child is likely to sustain harm if not immediately afforded
protective custody; and
(2) the specific facts which are relied upon to support the belief application, including
efforts known to the applicant, to maintain the family unit and prevent the unnecessary
removal of the child from the child's home, or the specific facts supporting that an emergency
exists which threatens the safety of the child.
(b) (1) The order of protective custody may be issued only after the court has
determined there is probable cause to believe the allegations in the application are true.
The order shall remain in effect until the temporary custody hearing provided for in K.S.A.
38-1543, and amendments thereto, unless earlier rescinded by the court.
(2) No child shall be held in protective custody for more than 72 hours, excluding
Saturdays, Sundays and legal holidays, unless within the 72-hour period a determination is
made as to the necessity for temporary custody in a temporary custody hearing. Nothing in
this subsection (b)(2) shall be construed to mean that the child must remain in protective
custody for 72 hours.
(c) Whenever the court determines the necessity for an order of protective custody, the
court may place the child in the protective custody of: (1) A parent or other person having
custody of the child and may enter a restraining order pursuant to subsection (d) (e); (2) a
person, other than the parent or other person having custody, who shall not be required to
be licensed under article 5 of chapter 65 of the Kansas Statutes Annotated; (3) a youth
residential facility; or (4) the secretary if the child is alleged to be a child in need of care the
court may award custody to the secretary. However, if the secretary presents the court with
a plan to provide services to a child or family which the court finds will assure the safety of
the child, the court may only place the child in the protective custody of the secretary until
the court finds the services are in place. The court shall have the authority to require any
person or entity agreeing to participate in the plan to perform as set out in the plan. When
the child is placed in the protective custody of the secretary, the secretary shall have the
discretionary authority to place the child with a parent or to make other suitable placement
for the child. When circumstances require, a child in protective custody may be placed in
a juvenile detention facility or other secure facility pursuant to an order of protective custody
for not to exceed 24 hours, excluding Saturdays, Sundays and legal holidays.
(d) The order of protective custody shall be served on the child's parents and any other
person having legal custody of the child. The order shall prohibit all parties from removing
the child from the court's jurisdiction without the court's permission.
(e) If the court issues an order of protective custody, the court may also enter an order
restraining any alleged perpetrator of physical, sexual, mental or emotional abuse of the
child from residing in the child's home; visiting, contacting, harassing or intimidating the
child, other family member or witness; or attempting to visit, contact, harass or intimidate
the child, other family member or witness. Such restraining order shall be served on any
alleged perpetrator to whom the order is directed.
(f) The court shall not enter an order removing a child from the custody of a parent
pursuant to this section unless the court first finds from evidence presented by the petitioner
that reasonable efforts have been made to maintain the family unit and prevent or eliminate
the need for the unnecessary removal of the child from the child's home or that an emergency
exists which threatens the safety of the child and requires the that remaining in the home
is contrary to the welfare of the child or that immediate removal placement is in the best
interest of the child. Such findings shall be included in any order entered by the court. If
the child is placed in the custody of the secretary, the court shall provide the secretary with
a written copy of any orders entered for the purpose of documenting these orders upon
making the order.
Sec. 10. K.S.A. 1999 Supp. 38-1543 is hereby amended to read as follows: 38-1543. (a)
Upon notice and hearing, the court may issue an order directing who shall have temporary
custody and may modify the order during the pendency of the proceedings as will best serve
the child's welfare.
(b) A hearing pursuant to this section shall be held within 72 hours, excluding Saturdays,
Sundays and legal holidays, following a child having been taken into protective custody.
(c) Whenever it is determined that a temporary custody hearing is required, the court
shall immediately set the time and place for the hearing. Notice of a temporary custody
hearing shall be in substantially the following form:
(Name of Court)
(Caption of Case)
NOTICE OF TEMPORARY CUSTODY HEARING
| TO: |
| (Names) | (Relationship) | (Addressess) |
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On__________, __________, 19 __ (year), at __ o'clock __m.
(day) (date)
the court will conduct a hearing at ________________ to determine if the above
named child or children should be in the temporary custody of some person or agency other
than the parent or other person having legal custody prior to the hearing on the petition
filed in the above captioned case. The court may order one or both parents to pay child
support.
__________, an attorney has been appointed as guardian at litem for the child or
children. Each parent or other legal custodian has the right to appear and be heard
personally, either with or without an attorney. An attorney will be appointed for a parent
who can show that the parent is not financially able to hire one.
Date __________, 19 __ (year) Clerk of the District Court
(Seal)
REPORT OF SERVICE
I certify that I have delivered a true copy of the above notice on the persons above named
in the manner and at the times indicated below:
| Name | Location of Service | Manner of Service | Date | Time |
| (other than above) |
|
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Date Returned: ________, 19__ (year)
______________
(Signature)
______________
(Title)
(d) Notice of the temporary custody hearing shall be given at least 24 hours prior to the
hearing. The court may continue the hearing to afford the 24 hours prior notice or, with
the consent of the party, proceed with the hearing at the designated time. If an order of
temporary custody is entered and the parent or other person having custody of the child
has not been notified of the hearing, did not appear or waive appearance and requests a
rehearing, the court shall rehear the matter without unnecessary delay.
(e) Oral notice may be used for giving notice of a temporary custody hearing where there
is insufficient time to give written notice. Oral notice is completed upon filing a certificate
of oral notice in substantially the following form:
(Name of Court)
(Caption of Case)
CERTIFICATE OF ORAL NOTICE OF TEMPORARY CUSTODY HEARING
I gave oral notice that the court will conduct a hearing at ___ o'clock ___ m. on
__________, 19 (year), to the persons listed, in the manner and at the times indicated
below:
| Name | Relationship | Date | Time | Method of Communication
(in person or telephone) |
|
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I advised each of the above named persons that:
(1) The hearing is to determine if the above named child or children should be in the
temporary custody of a person or agency other than a parent;
(2) the court will appoint an attorney to serve as guardian ad litem for the child or
children named above;
(3) each parent or legal cusstodian has the right to appear and be heard personally
either with or without an attorney;
(4) an attorney will be appointed for a parent who can show that the parent is not
financially able to hire an attorney; and
(5) the court may order one or both parents to pay child support.
______________________
(Signature)
______________________
(Name Printed)
______________________
(Title)
(f) The court may enter an order of temporary custody after determining that: (1) The
child is dangerous to self or to others; (2) the child is not likely to be available within the
jurisdiction of the court for future proceedings; or (3) the health or welfare of the child may
be endangered without further care.
(g) Whenever the court determines the necessity for an order of temporary custody the
court may place the child in the temporary custody of: (1) A parent or other person having
custody of the child and may enter a restraining order pursuant to subsection (h); (2) a
person, other than the parent or other person having custody, who shall not be required to
be licensed under article 5 of chapter 65 of the Kansas Statutes Annotated; (3) a youth
residential facility; or (4) the secretary if the child is alleged to be a child in need of care,
the court may award custody to the secretary. However, if the secretary presents the court
with a plan to provide services to a child or family which the court finds will assure the
safety of the child, the court may only place the child in the temporary custody of the
secretary until the court finds the services are in place. The court shall have the authority
to require any person or entity agreeing to participate in the plan to perform as set out in
the plan. When the child is placed in the temporary custody of the secretary, the secretary
shall have the discretionary authority to place the child with a parent or to make other
suitable placement for the child. When circumstances require, a child may be placed in a
juvenile detention facility or other secure facility, but the total amount of time that the child
may be held in such facility under this section and K.S.A. 38-1542 and amendments thereto
shall not exceed 24 hours, excluding Saturdays, Sundays and legal holidays. The order of
temporary custody shall remain in effect until modified or rescinded by the court or a
disposition order is entered but not exceeding 60 days, unless good cause is shown and
stated on the record.
(h) If the court issues an order of temporary custody, the court may enter an order
restraining any alleged perpetrator of physical, sexual, mental or emotional abuse of the
child from residing in the child's home; visiting, contacting, harassing or intimidating the
child; or attempting to visit, contact, harass or intimidate the child.
(i) The court shall not enter an order removing a child from the custody of a parent
pursuant to this section unless the court first finds from evidence presented by the petitioner
that reasonable efforts have been made to maintain the family unit and prevent or eliminate
the need for the unnecessary removal of the child from the child's home or that an emergency
exists which threatens the safety of the child and requires the immediate removal that
remaining in the home is contrary to the welfare of the child or that placement is in the best
interest of the child. Such findings shall be included in any order entered by the court. If
the child is placed in the custody of the secretary, the court shall provide the secretary with
a written copy of any orders entered for the purpose of documenting these orders upon
making the order.
Sec. 11. K.S.A. 1999 Supp. 38-1544 is hereby amended to read as follows: 38-1544. (a)
At any time after filing a petition, but prior to an adjudication, the court may enter an order
for continuance and informal supervision without an adjudication if no interested party
objects. Upon granting the continuance, the court shall include in the order any conditions
with which the interested parties are expected to comply and provide the parties with a copy
of the order. The conditions may include appropriate dispositional alternatives authorized
by K.S.A. 38-1563 and amendments thereto.
(b) An order for informal supervision may remain in force for a period of up to six
months and may be extended, upon hearing, for an additional six-month period for a total
of one year.
(c) The court after notice and hearing may revoke or modify the order with respect to
a party upon a showing that the party, being subject to the order for informal supervision,
has substantially failed to comply with the terms of the order, or that modification would
be in the best interests of the child. Upon revocation, proceedings shall resume pursuant
to this code.
(d) Parties to the order for informal supervision who successfully complete the terms
and period of supervision shall not again be proceeded against in any court based solely
upon the allegations in the original petition and the proceedings shall be dismissed.
(e) If the court issues an order for informal supervision pursuant to this section, the
court may enter an order restraining any alleged perpetrator of physical, sexual, mental or
emotional abuse of the child from residing in the child's home, visiting, contacting, harassing
or intimidating the child, other family member or witness; or attempting to visit, contact,
harass or intimidate the child, other family member or witness.
Sec. 12. K.S.A. 1999 Supp. 38-1562 is hereby amended to read as follows: 38-1562. (a)
At any time after a child has been adjudicated to be a child in need of care and prior to
disposition, the judge shall permit any interested parties, and any persons required to be
notified pursuant to subsection (b), to be heard as to proposals for appropriate disposition
of the case.
(b) Before entering an order placing the child in the custody of a person other than the
child's parent, the court shall require notice of the time and place of the hearing to be given
to all the child's grandparents at their last known addresses or, if no grandparent is living
or if no living grandparent's address is known, to the closest relative of each of the child's
parents whose address is known, and to the foster parent, preadoptive parent or relative
providing care. Such notice shall be given by restricted mail not less than 10 business days
before the hearing and shall state that the person receiving the notice shall have an
opportunity to be heard at the hearing. The provisions of this subsection shall not require
additional notice to any person otherwise receiving notice of the hearing pursuant to K.S.A.
38-1536 and amendments thereto. Individuals receiving notice pursuant to this subsection
shall not be made a party to the action solely on the basis of this notice and opportunity to
be heard.
(c) Prior to entering an order of disposition, the court shall give consideration to the
child's physical, mental and emotional condition; the child's need for assistance; the manner
in which the parent participated in the abuse, neglect or abandonment of the child; any
relevant information from the intake and assessment process; and the evidence received at
the dispositional hearing. In determining when reunification is a viable alternative, the court
shall specifically consider whether the parent has been found by a court to have: (1)
Committed murder in the first degree, K.S.A. 21-3401 and amendments thereto, murder
in the second degree, K.S.A. 21-3402 and amendments thereto, capital murder, K.S.A. 21-
3439 and amendments thereto, voluntary manslaughter, K.S.A. 21-3403 and amendments
thereto or violated a law of another state which prohibits such murder or manslaughter of
a child; (2) aided or abetted, attempted, conspired or solicited to commit such murder or
voluntary manslaughter of a child as provided in subsection (c)(1); (3) committed a felony
battery that resulted in bodily injury to the child or another child; (4) subjected the child
or another child to aggravated circumstances as defined in subsection (x) of K.S.A. 38-1502
and amendments thereto; (5) parental rights of the parent to another child have been
terminated involuntarily; or (6) the child has been in extended out of home placement as
defined in subsection (z) of K.S.A. 38-1502 and amendments thereto. If reintegration is not
a viable alternative, the court shall consider whether a compelling reason has been
documented in the case plan to find neither adoption nor permanent guardianship are in
the best interests of the child, the child is in a stable placement with a relative, or services
set out in the case plan necessary for the safe return of the child have been made available
to the parent with whom reintegration is planned. If reintegration is not a viable alternative
and either adoption or permanent guardianship might be in the best interests of the child,
the county or district attorney or the county or district attorney's designee shall file a motion
to terminate parental rights or a motion to establish permanent guardianship within 30 days
and the court shall set a hearing on such motion within 90 days of the filing of such motion.
No such hearing is required when the parents voluntarily relinquish parental rights or agree
to appointment of a permanent guardian.
Sec. 13. K.S.A. 1999 Supp. 38-1563 is hereby amended to read as follows: 38-1563. (a)
After consideration of any evidence offered relating to disposition, the court may retain
jurisdiction and place the child in the custody of the child's parent subject to terms and
conditions which the court prescribes to assure the proper care and protection of the child,
including supervision of the child and the parent by a court services officer, or may order
the child and the parent to participate in programs operated by the secretary or another
appropriate individual or agency. The terms and conditions may require any special
treatment or care which the child needs for the child's physical, mental or emotional health.
(b) The duration of any period of supervision or other terms or conditions shall be for
an initial period of no more than 18 12 months. The court, at the expiration of that period,
upon a hearing and for good cause shown, may make successive extensions of the supervision
or other terms or conditions for up to 12 months at a time.
(c) The court may order the child and the parents of any child who has been adjudged
a child in need of care to attend counseling sessions as the court directs. The expense of
the counseling may be assessed as an expense in the case. No mental health center shall
charge a greater fee for court-ordered counseling than the center would have charged to
the person receiving counseling if the person had requested counseling on the person's own
initiative.
(d) If the court finds that placing the child in the custody of a parent will not assure
protection from physical, mental or emotional abuse or neglect or sexual abuse or will not
is contrary to the welfare of the child or that placement would be in the best interests of
the child, the court shall enter an order awarding custody of the child, until the further
order of the court, to one of the following:
(1) A relative of the child or a person with whom the child has close emotional ties;
(2) any other suitable person;
(3) a shelter facility; or
(4) the secretary.
If the child is adjudged to be a child in need of care, the court shall not place the child in
the custody of the secretary if the court has received from the secretary, written
documentation of the services and/or community services plan offered or delivered to prevent
the need for such custody unless the court finds that the services documented by the secretary
are insufficient to protect the safety of the child and that being in the custody of the parent
with such services in place is contrary to the welfare or that placement is in the best interests
of the child. The court shall have the authority to require any person or entity agreeing to
participate in the plan to perform as set out in the plan. The secretary shall present to the
court in writing the specific actions taken to maintain the family unit and prevent the
unnecessary removal of the child from the child's home.
In making such a custody order, the court shall give preference, to the extent that the
court finds it is in the best interests of the child, first to granting custody to a relative of the
child and second to granting custody of the child to a person with whom the child has close
emotional ties. If the court has awarded legal custody based on the finding specified by this
subsection, the legal custodian shall not return the child to the home of that parent without
the written consent of the court.
(e) When the custody of the child is awarded to the secretary:
(1) The court may recommend to the secretary where the child should be placed.
(2) The secretary shall notify the court in writing of any placement of the child or, within
10 days of the order awarding the custody of the child to the secretary, any proposed
placement of the child, whichever occurs first.
(3) The court may determine if such placement is contrary to the welfare or in the best
interests of the child, and if the court determines that such placement is not in the best
interests of the child, the court shall notify the secretary who shall then make an alternative
placement subject to the procedures established in this paragraph. In determining if such
placement is in the best interests of the child, the court, after providing the parties with an
opportunity to be heard, shall consider the health and safety needs of the child and the
resources available to meet the needs of children in the custody of the secretary.
(4) When the secretary provides the court with a plan to provide services to a child or
family which the court finds is in place and which will assure the safety of the child, the
court shall approve the return of the child to the child's home. The court shall have the
authority to require any person or entity agreeing to participate in the plan to perform as
set out in the plan.
(f) If custody of a child is awarded under this section to a person other than the child's
parent, the court may grant any individual reasonable rights to visit the child upon motion
of the individual and a finding that the visitation rights would be in the best interests of the
child.
(g) If the court issues an order of custody pursuant to this section, the court may enter
an order restraining any alleged perpetrator of physical, sexual, mental or emotional abuse
of the child from residing in the child's home; visiting, contacting, harassing or intimidating
the child, other family member or witness; or attempting to visit, contact, harass or intimidate
the child, other family member or witness.
(h) The court shall not enter an order removing a child from the custody of a parent
pursuant to this section unless the court first finds from evidence presented by the petitioner
that reasonable efforts have been made to maintain the family unit and prevent or eliminate
the need for the unnecessary removal of the child; from the child's home or that reasonable
efforts are not necessary because reintegration is not a viable alternative; or that an
emergency exists which threatens the safety of the child and requires the immediate removal
that allowing the child to remain in the home is contrary to the welfare of the child or that
placement would be in the best interest of the child. If the child is placed in the custody of
the secretary, the court shall provide the secretary with a copy of any orders entered for the
purpose of documenting these orders within 10 days of making the order. Reintegration may
not be a viable alternative when the: (1) Parent has been found by a court to have committed
murder in the first degree, K.S.A. 21-3401, and amendments thereto, murder in the second
degree, K.S.A. 21-3402, and amendments thereto, capital murder, K.S.A. 21-3439, and
amendments thereto, voluntary manslaughter, K.S.A. 21-3403, and amendments thereto, or
violated a law of another state which prohibits such murder or manslaughter of a child; (2)
parent aided or abetted, attempted, conspired or solicited to commit such murder or
voluntary manslaughter of a child as provided in subsection (h)(1); (3) parent committed a
felony battery that resulted in bodily injury to the child or another child; (4) parent has
subjected the child or another child to aggravated circumstances as defined in subsection
(x) of K.S.A. 38-1502, and amendments thereto; (5) parental rights of the parent to another
child have been terminated involuntarily or (6) the child has been in extended out of home
placement as defined in subsection (z) of K.S.A. 38-1502, and amendments thereto. Such
findings shall be included in any order entered by the court.
(i) In addition to or in lieu of any other order authorized by this section, if a child is
adjudged to be a child in need of care by reason of a violation of the uniform controlled
substances act (K.S.A. 65-4101 et seq., and amendments thereto), or K.S.A. 41-719, 41-804,
41-2719, 65-4152, 65-4153, 65-4154 or 65-4155, and amendments thereto, the court shall
order the child to submit to and complete an alcohol and drug evaluation by a community-
based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008, and
amendments thereto, and to pay a fee not to exceed the fee established by that statute for
such evaluation. If the court finds that the child and those legally liable for the child's support
are indigent, the fee may be waived. In no event shall the fee be assessed against the
secretary or the department of social and rehabilitation services.
(j) In addition to any other order authorized by this section, if child support has been
requested and the parent or parents have a duty to support the child, the court may order
one or both parents to pay child support and, when custody is awarded to the secretary, the
court shall order one or both parents to pay child support. The court shall determine, for
each parent separately, whether the parent is already subject to an order to pay support for
the child. If the parent is not presently ordered to pay support for any child who is a ward
of the court and the court has personal jurisdiction over the parent, the court shall order
the parent to pay child support in an amount determined under K.S.A. 38-1595, and
amendments thereto. Except for good cause shown, the court shall issue an immediate
income withholding order pursuant to K.S.A. 23-4,105 et seq., and amendments thereto, for
each parent ordered to pay support under this subsection, regardless of whether a payor
has been identified for the parent. A parent ordered to pay child support under this
subsection shall be notified, at the hearing or otherwise, that the child support order may
be registered pursuant to K.S.A. 38-1597, and amendments thereto. The parent shall also
be informed that, after registration, the income withholding order may be served on the
parent's employer without further notice to the parent and the child support order may be
enforced by any method allowed by law. Failure to provide this notice shall not affect the
validity of the child support order.
Sec. 14. K.S.A. 1999 Supp. 38-1565 is hereby amended to read as follows: 38-1565. (a)
If a child is placed outside the child's home and no permanency plan is made a part of the
record of the dispositional hearing, a written permanency plan shall be prepared which
provides for reintegration of the child into the child's family or, if reintegration is not a
viable alternative, for other permanent placement of the child. Reintegration may not be a
viable alternative when the: (1) Parent has been found by a court to have committed murder
in the first degree, K.S.A. 21-3401 and amendments thereto, murder in the second degree,
K.S.A. 21-3402 and amendments thereto, capital murder, K.S.A. 21-3439 and amendments
thereto, voluntary manslaughter, K.S.A. 21-3403 and amendments thereto or violated a law
of another state which prohibits such murder or manslaughter of a child; (2) parent aided
or abetted, attempted, conspired or solicited to commit such murder or voluntary
manslaughter of a child as provided in subsection (a)(1); (3) parent committed a felony
battery that resulted in bodily injury to the child or another child; (4) parent has subjected
the child or another child to aggravated circumstances as defined in subsection (x) of K.S.A.
38-1502, and amendments thereto; (5) parental rights of the parent to another child have
been terminated involuntarily; or (6) the child has been in extended out of home placement
as defined in subsection (z) of K.S.A. 38-1502 and amendments thereto. If the permanency
goal is reintegration into the family, the permanency plan shall include measurable objectives
and time schedules for reintegration. The plan shall be submitted to the court not later than
30 days after the dispositional order is entered. If the child is placed in the custody of the
secretary, the plan shall be prepared and submitted by the secretary. If the child is placed
in the custody of a facility or person other than the secretary, the plan shall be prepared
and submitted by a court services officer.
(b) A court services officer or, if the child is in the secretary's custody, the secretary
shall submit to the court, at least every six months, a written report of the progress being
made toward the goals of the permanency plan submitted pursuant to subsection (a) and
the specific actions taken to achieve the goals of the permanency plan. If the child is placed
in foster care, the foster parent or parents shall submit to the court, at least every six months,
a report in regard to the child's adjustment, progress and condition. The department of
social and rehabilitation services shall notify the foster parent or parents of the foster parent's
or parent's duty to submit such report, on a form provided by the department of social and
rehabilitation services, at least two weeks prior to the date when the report is due, and the
name of the judge and the address of the court to which the report is to be submitted. Such
report shall be confidential and shall only be reviewed by the court and the child's guardian
ad litem. The court shall review the progress being made toward plan submitted by the
secretary, the reports submitted by foster parents and determine whether reasonable efforts
and progress have been made to achieve the goals of the permanency plan and the foster
parent report and,. If the court determines that progress is inadequate or that the
permanency plan is no longer viable, the court shall hold a hearing pursuant to subsection
(c). If the secretary has custody of the child, such hearing shall be held no more than 12
months after the child is placed outside the child's home and at least every 12 months
thereafter. For children in the custody of the secretary prior to July 1, 1998, within 30 days
of receiving a request from the secretary, a permanency hearing shall be held. At each
hearing, the court shall make a written finding whether reasonable efforts have been made
to accomplish the permanency goal and whether continued out of home placement is
necessary for the child's safety. If the goal of the permanency plan submitted pursuant to
subsection (a) is reintegration into the family and the court determines after 12 months
from the time such plan is first submitted that progress is inadequate, the court shall hold
a hearing pursuant to subsection (c). Nothing in this subsection shall be interpreted to
prohibit termination of parental rights prior to the expiration of 12 months.
(c) Whenever a hearing is required under subsection (b), the court shall notify all
interested parties and the foster parents, preadoptive parents or relatives providing care for
the child and hold a hearing. Individuals receiving notice pursuant to this subsection shall
not be made a party to the action solely on the basis of this notice and opportunity to be
heard. After providing the interested parties, foster parents, preadoptive parents or relatives
providing care for the child an opportunity to be heard, the court shall determine whether
the child's needs are being adequately met and whether reintegration continues to be a
viable alternative. If the court finds reintegration is no longer a viable alternative, the court
shall consider whether the child is in a stable placement with a relative, services set out in
the case plan necessary for the safe return of the child have been made available to the
parent with whom reintegration is planned or compelling reasons are documented in the
case plan to support a finding that neither adoption nor permanent guardianship are in the
child's best interest. If reintegration is not a viable alternative and either adoption or
permanent guardianship might be in the best interests of the child, the county or district
attorney or the county or district attorney's designee shall file a motion to terminate parental
rights or for a motion to establish a permanent guardianship within 30 days and the court
shall set a hearing on such motion within 90 days of the filing of such motion. When the
court finds reintegration continues to be a viable alternative, the court shall determine
whether and, if applicable, when the child will be returned to the parent; may rescind any
of its prior dispositional orders and enter any dispositional order authorized by this code or
may order that a new plan for the reintegration be prepared and submitted to the court. If
reintegration cannot be accomplished as approved by the court, the court shall be informed
and shall schedule a hearing pursuant to subsection (c). No such hearing is required when
the parents voluntarily relinquish parental rights or agree to appointment of a permanent
guardian.
Sec. 15. K.S.A. 38-1566 is hereby amended to read as follows: 38-1566. (a) Except
as provided in K.S.A. 38-1567, and amendments thereto, if a child has been in the same
foster home or shelter facility for six months or longer, or has been placed by the secretary
in the home of a parent or relative, the secretary shall give written notice of any plan to
move the child to a different placement. The notice shall be given to (a) (1) the court having
jurisdiction over the child; (b) (2) each parent whose address is available; (c) (3) the foster
parent or custodian from whose home or shelter facility it is proposed to remove the child;
(d) (4) the child, if 12 or more years of age; and (e) (5) the child's guardian ad litem. The
notice shall state the home or shelter facility to which the secretary plans to transfer the
child and the reason for the proposed action. The notice shall be delivered or mailed 30
days in advance of the planned transfer, except that the secretary shall not be required to
wait 30 days to transfer the child if all persons enumerated in clauses (b) (2) through (e)
(5) consent in writing to the transfer. Within 10 days after receipt of the notice any person
receiving notice as provided above may request, either orally or in writing, that the court
conduct a hearing to determine whether or not the change in placement is in the best
interests of the child concerned. When the request has been received, the court shall
schedule a hearing and immediately notify the secretary of the request and the time and
date the matter will be heard. The court shall give notice of the hearing to persons
enumerated in clauses (b) (2) through (e) (5). The secretary shall not change the placement
of the child unless the change is approved by the court.
(b) When, after the notice set out above, a child in the custody of the secretary is removed
from the home of a parent after having been placed in the home of a parent for a period of
six months or longer, the secretary shall request a finding by the court whether reasonable
efforts were made to prevent the necessity for removal and whether allowing the child to
remain in the home is contrary to the welfare of the child or not in the best interests of the
child. The secretary shall present to the court in writing the efforts to maintain the family
unit and prevent the unnecessary removal of the child from the child's home. In making the
finding, the court may rely on documentation submitted by the secretary or may set the date
for a hearing on the matter. If the secretary requests such finding, the court shall provide
the secretary with a written copy of the finding by the court for the purpose of documenting
these orders not more than 45 days from the date of the request.
Sec. 16. K.S.A. 38-1567 is hereby amended to read as follows: 38-1567. When an
emergency exists requiring immediate action to assure the safety and protection of the child
or the secretary is notified that the foster parents or shelter facility refuse to allow the child
to remain, the secretary may transfer the child to another foster home or shelter facility
without prior court approval, but the secretary shall notify the court of the action at the
earliest practical time. When the child is removed from the home of a parent after having
been placed in the home or facility for a period of six months or longer, the secretary shall
present to the court in writing the specific nature of the emergency and request a finding
by the court whether remaining in the home was contrary to the welfare or not in the best
interests of the child. In making the finding, the court may rely on documentation submitted
by the secretary or may set the date for a hearing on the matter. If the secretary requests
such a finding, the court shall provide the secretary with a written copy of the finding by
the court not more than 45 days from the date of the request.'';
By renumbering the remaining sections accordingly;
Also on page 2, in line 43, by striking all following ``to'';
On page 3, in line 1, by striking all preceding ``any''; in line 2, by striking all preceding
``(a)(12)'' and inserting ``(a)(1) through'';
On page 4, in line 15, following ``to'', by inserting ``: (1) A parent; (2) a person other than
the parent or other person having custody, who shall not be required to be licensed under
article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto; (3) a
youth residential facility; or (4)''; in line 16, following ``not'', by inserting ``already''; in line
17, by striking ``secretary'' and inserting ``custodian'';
On page 5, preceding line 23, by inserting new material to read as follows:
``Sec. 18. K.S.A. 1999 Supp. 38-1581 is hereby amended to read as follows: 38-1581.
(a) Either in the petition filed under this code or in a motion made in proceedings under
this code, any interested party may request that either or both parents be found unfit and
the parental rights of either or both parents be terminated or a permanent guardianship be
appointed.
(b) Whenever a pleading is filed requesting termination of parental rights, the pleading
shall contain a statement of specific facts which are relied upon to support the request,
including dates, times and locations to the extent known.
(c) The county or district attorney or the county or district attorney's designee shall file
pleadings alleging a parent is unfit and requesting termination of parental rights or the
establishment of a permanent guardianship within 30 days after the court has determined
reintegration is not a viable alternative and unless the court has not found a compelling
reason why adoption or permanent guardianship may not be in the best interest of the child.
The court shall set a hearing on such pleadings and matters within 90 days of the filing of
such pleadings.
Sec. 19. K.S.A. 1999 Supp. 38-1583 is hereby amended to read as follows: 38-1583. (a)
When the child has been adjudicated to be a child in need of care, the court may terminate
parental rights when the court finds by clear and convincing evidence that the parent is
unfit by reason of conduct or condition which renders the parent unable to care properly
for a child and the conduct or condition is unlikely to change in the foreseeable future.
(b) In making a determination hereunder the court shall consider, but is not limited to,
the following, if applicable:
(1) Emotional illness, mental illness, mental deficiency or physical disability of the
parent, of such duration or nature as to render the parent unlikely to care for the ongoing
physical, mental and emotional needs of the child;
(2) conduct toward a child of a physically, emotionally or sexually cruel or abusive
nature;
(3) excessive use of intoxicating liquors or narcotic or dangerous drugs;
(4) physical, mental or emotional neglect of the child;
(5) conviction of a felony and imprisonment;
(6) unexplained injury or death of another child or stepchild of the parent;
(7) reasonable efforts by appropriate public or private child caring agencies have been
unable to rehabilitate the family; and
(8) lack of effort on the part of the parent to adjust the parent's circumstances, conduct
or conditions to meet the needs of the child.
(c) In addition to the foregoing, when a child is not in the physical custody of a parent,
the court, in proceedings concerning the termination of parental rights, shall also consider,
but is not limited to the following:
(1) Failure to assure care of the child in the parental home when able to do so;
(2) failure to maintain regular visitation, contact or communication with the child or
with the custodian of the child;
(3) failure to carry out a reasonable plan approved by the court directed toward the
integration of the child into the parental home; and
(4) failure to pay a reasonable portion of the cost of substitute physical care and
maintenance based on ability to pay.
In making the above determination, the court may disregard incidental visitations,
contacts, communications or contributions.
(d) The rights of the parents may be terminated as provided in this section if the court
finds that the parents have abandoned the child or the child was left under such
circumstances that the identity of the parents is unknown and cannot be ascertained, despite
diligent searching, and the parents have not come forward to claim the child within three
months after the child is found.
(e) The existence of any one of the above standing alone may, but does not necessarily,
establish grounds for termination of parental rights. The determination shall be based on
an evaluation of all factors which are applicable. In considering any of the above factors for
terminating the rights of a parent, the court shall give primary consideration to the physical,
mental or emotional condition and needs of the child. If presented to the court and subject
to the provisions of K.S.A. 60-419, and amendments thereto, the court shall consider as
evidence testimony from a person licensed to practice medicine and surgery, a licensed
psychologist or a licensed social worker expressing an opinion relating to the physical, mental
or emotional condition and needs of the child. The court shall consider any such testimony
only if the licensed professional providing such testimony is subject to cross-examination.
(f) A termination of parental rights under the Kansas code for care of children shall not
terminate the right of the child to inherit from or through the parent. Upon such
termination, all the rights of birth parents to such child, including their right to inherit from
or through such child, shall cease.
(g) If, after finding the parent unfit, the court determines a compelling reason why it is
contrary to the welfare or not in the best interests of the child to terminate parental rights
or upon agreement of the parents, the court may award permanent guardianship to an
individual providing care for the child, a relative or other person with whom the child has
a close emotional attachment. Prior to awarding permanent guardianship, the court shall
receive and consider an assessment as provided in K.S.A. 59-2132 and amendments thereto
of any potential permanent guardian. Upon appointment of a permanent guardian, the court
shall enter an order discharging the child from the court's jurisdiction discharge the child
from the custody of the secretary.
(h) If a parent is convicted of an offense as provided in subsection (7) of K.S.A. 38-1585
and amendments thereto or is adjudicated a juvenile offender because of an act which if
committed by an adult would be an offense as provided in subsection (7) of K.S.A. 38-1585
and amendments thereto, and if the victim was the other parent of a child, the court may
disregard such convicted or adjudicated parent's opinions or wishes in regard to the
placement of such child.
(i) If the secretary has documented to the court a compelling reason why custody for
adoption, custody for permanent guardianship, nor custody for placement with a fit and
willing relative are currently a viable option, the court may order custody to remain with
the secretary for continued permanency planning and another planned permanent living
arrangement.
Sec. 20. K.S.A. 1999 Supp. 38-1584 is hereby amended to read as follows: 38-1584. (a)
Purpose of section. The purpose of this section is to provide stability in the life of a child
who must be removed from the home of a parent, to acknowledge that time perception of
a child differs from that of an adult and to make the ongoing physical, mental and emotional
needs of the child the decisive consideration in proceedings under this section. The primary
goal for all children whose parents' parental rights have been terminated is placement in a
permanent family setting.
(b) Actions by the court. (1) Custody for adoption. When parental rights have been
terminated and it appears that adoption is a viable alternative, the court shall enter one of
the following orders:
(A) An order granting custody of the child, for adoption proceedings, to a reputable
person of good moral character, the secretary or a corporation organized under the laws of
the state of Kansas authorized to care for and surrender children for adoption as provided
in K.S.A. 38-112 et seq. and amendments thereto. The person, secretary or corporation shall
have authority to place the child in a family home, be a party to proceedings and give consent
for the legal adoption of the child which shall be the only consent required to authorize the
entry of an order or decree of adoption.
(B) An order granting custody of the child to proposed adoptive parents and consenting
to the adoption of the child by the proposed adoptive parents.
(2) Custody for long-term foster care permanent guardianship. When parental rights
have been terminated and it does not appear that adoption is a viable alternative, the court
shall may enter an order granting custody of the child for foster care permanent
guardianship to a reputable person of good moral character, a youth residential facility, the
secretary or a corporation or association willing to receive the child, embracing in its
objectives the purpose of caring for or obtaining homes for children. Upon appointment of
a permanent guardian, the court shall discharge the child from the custody of the secretary.
(3) Custody for placement with a fit and willing relative. When parental rights have
been terminated and it does not appear that adoption is a viable alternative, the court may
enter an order granting custody of the child for placement with a willing relative who is a
reputable person of good moral character. Upon an order of custody and placement with a
fit and willing relative, the court shall discharge the child from the custody of the secretary.
(3) (4) Preferences in custody for adoption or long-term foster care permanent
guardianship. In making an order under subsection (b)(1) or (2), the court shall give
preference, to the extent that the court finds it is in the best interests of the child, first to
granting such custody to a relative of the child and second to granting such custody to a
person with whom the child has close emotional ties.
(c) Guardian and conservator of child. The secretary shall be guardian and conservator
of any child placed in the secretary's custody, subject to any prior conservatorship.
(d) Reports and review of progress and reasonable efforts to implement a permanency
plan of adoption; permanent guardianship; or placement with a fit and willing relative. After
parental rights have been terminated and up to the time an adoption has been accomplished,
the person or agency awarded custody of the child shall within 60 days submit a written
plan for permanent placement which shall include measurable objectives and time schedules
and shall thereafter not less frequently than each six months make a written report to the
court stating the progress having been made toward finding an adoptive placement or long-
term foster care permanent guardianship or placement for the child with a fit and willing
relative. Upon the receipt of each report the court shall review the contents thereof and
determine whether or not a hearing should be held on the subject. In any case, the court
shall notify all interested parties and hear evidence regarding progress toward finding an
adoptive home or the acceptability of the long-term foster care permanent guardian or
placement with a fit and willing relative plan within 18 12 months after parental rights have
been terminated and every 12 months thereafter. If the court determines that inadequate
progress is being reasonable efforts or progress have not been made toward finding an
adoptive placement or establishing an acceptable long-term foster care plan permanent
guardianship or placement with a fit and willing relative, the court may rescind its prior
orders and make other orders regarding custody and adoption that are appropriate under
the circumstances. Reports of a proposed adoptive placement need not contain the identity
of the proposed adoptive parents.
(e) Discharge upon adoption. When the adoption of a child has been accomplished, the
court shall enter an order discharging the child from the court's jurisdiction in the pending
proceedings.
(f) If the secretary has documented to the court a compelling reason why neither custody
for adoption nor custody for permanent guardianship nor custody for placement with a fit
and willing relative are currently a viable option, the court may order custody to remain
with the secretary for continued permanency planning and another planned permanent
living arrangement.
Sec. 21. K.S.A. 1999 Supp. 38-1587 is hereby amended to read as follows: 38-1587. (a)
A permanent guardian may be appointed after a finding of unfitness pursuant to K.S.A. 38-
1583 and amendments thereto or with the consent and agreement of the parents.
(b) Upon appointment of the permanent guardian, the child in need of care proceeding
shall be dismissed court shall discharge the child from the custody of the secretary.
Sec. 22. K.S.A. 1999 Supp. 38-1591 is hereby amended to read as follows: 38-1591. (a)
An appeal may be taken by any interested party from any adjudication, disposition,
termination of parental rights or order of temporary custody in any proceedings pursuant
to this code.
(b) An appeal from an order entered by a district magistrate judge shall be to a district
judge. The appeal shall be heard within 30 days from the date the notice of appeal is filed.
If no record was made of the proceedings, the trial shall be de novo.
(c) Procedure on appeal shall be governed by article 21 of chapter 60 of the Kansas
Statutes Annotated.
(d) Notwithstanding any other provision of law to the contrary, appeals under this
section shall have priority over all other cases.
(e) Every notice of appeal, docketing statement and brief shall be verified by the
interested party if the party has been personally served at any time during the proceedings.
Failure to have the required verification shall result in the dismissal of the appeal.'';
By renumbering the remaining sections accordingly;
On page 9, in line 24, following the period, by inserting ``The provisions of K.S.A. 38-
1664, and amendments thereto, shall not apply to juvenile offenders committed directly to
a juvenile correctional facility.'';
On page 26, by striking all in lines 41 through 43;
On page 27, by striking all in lines 1 through 43;
On page 28, by striking all in lines 1 through 43;
On page 29, by striking all in lines 1 through 8 and inserting new material as follows:
``Sec. 33. K.S.A. 75-3329 is hereby amended to read as follows: 75-3329. As used in
this act:
(a) ``Board'' means the secretary of social and rehabilitation services.
(b) ``State institution'' means institution as defined in K.S.A. 76-12a01, and amendments
thereto.
(c) ``Child'' or ``children'' means a person or persons under the age of eighteen (18) 18.
(d) ``Private children's home'' means any licensed home, institution or charitable
organization which is operated by a corporation organized not for profit under the laws of
this state which the secretary finds has and maintains adequate facilities and is properly
staffed to provide adequate care, custody, education, training and treatment for any child
which the secretary may place therein under the authority of this act, or a licensed foster
care home, boarding home, personal care home or nursing home.'';
By renumbering the remaining sections accordingly;
Also on page 29, in line 30, following ``K.S.A.'', by inserting ``38-1503, 38-1531, 38-1566,
38-1567,''; also in line 30, following ``38-1568'', by inserting ``and 75-3329''; also in line 30,
following ``22-4904,'', by inserting ``38-1502, 38-1507, 38-1513, 38-1532, 38-1542, 38-1543,
38-1544, 38-1562, 38-1563, 38-1565, 38-1581, 38-1583, 38-1584, 38-1587, 38-1591,''; in line
32, by striking the comma where it appears for the second time and inserting ``and''; also in
line 32, by striking ``and 75-7023''; in line 34, by striking ``statute book'' and inserting ``Kansas
register'';
On page 1, in the title, in line 12, by striking all following ``to''; in line 13, preceding ``in''
by inserting ``children''; also in line 13, by striking all following ``offenders''; by striking all
in line 14; in line 15, by striking all preceding the semicolon; also in line 15, preceding ``38-
1568'', by inserting ``38-1503, 38-1531, 38-1566, 38-1567,''; also in line 15, preceding ``and'',
by inserting ``and 75-3329''; in line 16, following ``22-4904,'', by inserting ``38-1502, 38-1507,
38-1513, 38-1532, 38-1542, 38-1543, 38-1544, 38-1562, 38-1563, 38-1565, 38-1581, 38-
1583, 38-1584, 38-1587, 38-1591,''; in line 17, following ``38-16,129'', by striking the comma
and inserting ``and''; also in line 17, by striking ``and 75-7023'';
And your committee on conference recommends the adoption of this report.
Tim Emert
John Vratil
Greta Goodwin
Conferees on the part of Senate
Michael R. O'Neal
Tim Carmody
Janice L. Pauls
Conferees on part of House
Senator Emert moved the Senate adopt the Conference Committee Report on S Sub for
HB 2224.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 1, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, 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.
Present and Passing: Gooch.
The Conference Committee report was adopted.
REPORT ON ENGROSSED BILLS
SB 59, 393 reported correctly re-engrossed April 29, 2000.
REPORT ON ENROLLED BILLS
SR 1848, 1849, 1850, 1851, 1852, 1853, 1854, 1855, 1857, 1858, 1859, 1860, 1861
reported correctly enrolled, properly signed and presented to the Secretary of the Senate
on April 29, 2000.
On motion of Senator Emert, the Senate recessed until 7:30 p.m.
______
EVENING SESSION
The Senate met pursuant to recess with President Bond in the chair.
MESSAGE FROM THE HOUSE
Announcing, Representatives Loyd, Cox and McKinney are added as conferees to Senate
Substitute for HB 2559; Rep. Neufeld is removed as a conferee.
The House concurs in Senate amendments to HB 2838 and requests the Senate to return
the bill.
The House adopts the conference committee report on Senate Substitute HB 2005.
The House adopts the conference committee report on Senate Substitute for
Substitute HB 2007.
The House adopts the conference committee report on Senate Substitute for HB 2624.
The House adopts the conference committee report on HB 2641.
The House adopts the conference committee report on HB 2660.
The House adopts the conference committee report on Substitute HB 2683.
The House adopts the conference committee report on SB 92.
The House adopts the conference committee report on House Substitute for SB 430.
The House adopts the conference committee report on SB 470.
ORIGINAL MOTION
Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House
of Representatives be suspended for the purpose of considering the following bill: SB 316.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
Senator Kerr moved the Senate concur in house amendments to SB 316.
SB 316, An act concerning wildlife and parks; relating to certain permits and licensees
and fees therefor; amending K.S.A. 32-901 and 32-919 and K.S.A. 1999 Supp. 32-906 and
32-988 and repealing the existing sections.
On roll call, the vote was: Yeas 22, Nays 13, Present and Passing 0, Absent or Not Voting
5.
Yeas: Becker, Biggs, Bleeker, Bond, Donovan, Downey, Emert, Gilstrap, Gooch,
Goodwin, Kerr, Langworthy, Lee, Morris, Oleen, Praeger, Ranson, Steffes, Steineger,
Stephens, Umbarger, Vratil.
Nays: Barone, Brownlee, Clark, Feleciano, Harrington, Hensley, Huelskamp, Jones,
Jordan, Petty, Pugh, Salmans, Tyson.
Absent or Not Voting: Corbin, Hardenburger, Lawrence, Salisbury, Vidricksen.
The Senate concurred.
ORIGINAL MOTION
Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House
of Representatives be suspended for the purpose of considering the following bills: SB 92;
H Sub for SB 430; SB 470; HB 2905.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 92, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with House Committee amendments,
as follows:
On page 1, by striking all in lines 17 through 43;
By striking all on pages 2 through 9 and inserting the following:
``Section 1. K.S.A. 75-6102 is hereby amended to read as follows: 75-6102. As used in
K.S.A. 75-6101 through 75-6118, and amendments thereto, unless the context clearly
requires otherwise:
(a) ``State'' means the state of Kansas and any department or branch of state
government, or any agency, authority, institution or other instrumentality thereof.
(b) ``Municipality'' means any county, township, city, school district or other political or
taxing subdivision of the state, or any agency, authority, institution or other instrumentality
thereof.
(c) ``Governmental entity'' means state or municipality.
(d) ``Employee'' means any officer, employee, servant or member of a board,
commission, committee, division, department, branch or council of a governmental entity,
including elected or appointed officials and persons acting on behalf or in service of a
governmental entity in any official capacity, whether with or without compensation and a
charitable health care provider. Employee includes any steward or racing judge appointed
pursuant to K.S.A. 74-8818, and amendments thereto, regardless of whether the services of
such steward or racing judge are rendered pursuant to contract as an independent
contractor, but does not otherwise include any independent contractor under contract with
a governmental entity except (1) employees of the United States marshal's service engaged
in the transportation of inmates on behalf of the secretary of corrections, (2) a person who
is an employee of a nonprofit independent contractor, other than a municipality, under
contract to provide educational or vocational training to inmates in the custody of the
secretary of corrections and who is engaged in providing such service in an institution under
the control of the secretary of corrections provided that such employee does not otherwise
have coverage for such acts and omissions within the scope of their employment through a
liability insurance contract of such independent contractor; and (3) a person who is an
employee or volunteer of a nonprofit program, other than a municipality, who has contracted
with the commissioner of juvenile justice or with another nonprofit program that has
contracted with the commissioner of juvenile justice to provide a juvenile justice program
for juvenile offenders in a judicial district provided that such employee or volunteer does
not otherwise have coverage for such acts and omissions within the scope of their
employment or volunteer activities through a liability insurance contract of such nonprofit
program. ``Employee'' also includes an employee of an indigent health care clinic.
``Employee'' also includes former employees for acts and omissions within the scope of their
employment during their former employment with the governmental entity.
(e) ``Community service work'' means public or community service performed by a
person (1) as a result of a contract of diversion entered into by such person as authorized
by law, (2) pursuant to the assignment of such person by a court to a community corrections
program, (3) as a result of suspension of sentence or as a condition of probation pursuant
to court order, (4) in lieu of a fine imposed by court order or (5) as a condition of placement
ordered by a court pursuant to K.S.A. 38-1663, and amendments thereto.
(f) ``Charitable health care provider'' means a person licensed by the state board of
healing arts as an exempt licensee or a federally active licensee, a person issued a limited
permit by the state board of healing arts, a physician's assistant registered by the state board
of healing arts or a health care provider as the term ``health care provider'' is defined under
K.S.A. 65-4921, and amendments thereto, who has entered into an agreement with:
(1) The secretary of health and environment under K.S.A. 75-6120, and amendments
thereto, who, pursuant to such agreement, gratuitously renders professional services to a
person who has provided information which would reasonably lead the health care provider
to make the good faith assumption that such person meets the definition of medically
indigent person as defined by this section or to a person receiving medical assistance from
the programs operated by the department of social and rehabilitation services, and who is
considered an employee of the state of Kansas under K.S.A. 75-6120, and amendments
thereto;
(2) the secretary of health and environment and who, pursuant to such agreement,
gratuitously renders professional services in conducting children's immunization programs
administered by the secretary; or
(3) a local health department or indigent health care clinic, which renders professional
services to medically indigent persons or persons receiving medical assistance from the
programs operated by the department of social and rehabilitation services gratuitously or
for a fee paid by the local health department or indigent health care clinic to such provider
and who is considered an employee of the state of Kansas under K.S.A. 75-6120 and
amendments thereto. Professional services rendered by a provider under this paragraph (3)
shall be considered gratuitous notwithstanding fees based on income eligibility guidelines
charged by a local health department or indigent health care clinic and notwithstanding any
fee paid by the local health department or indigent health care clinic to a provider in
accordance with this paragraph (3).
(g) ``Medically indigent person'' means a person who lacks resources to pay for medically
necessary health care services and who meets the eligibility criteria for qualification as a
medically indigent person established by the secretary of health and environment under
K.S.A. 75-6120, and amendments thereto.
(h) ``Indigent health care clinic'' means an outpatient medical care clinic operated on a
not-for-profit basis which has a contractual agreement in effect with the secretary of health
and environment to provide health care services to medically indigent persons.
(i) ``Local health department'' shall have the meaning ascribed to such term under
K.S.A. 65-241 and amendments thereto.
Sec. 2. K.S.A. 75-6102 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its publication in the
statute book.'';
On page 1, in the title, by striking all in lines 12 through 14 and inserting:
``AN ACT concerning the Kansas tort claims act; relating to the definition of an employee;
amending K.S.A. 75-6102 and repealing the existing section.'';
\ And your committee on conference recommends the adoption of this report.
Michael R. O'Neal
Tim Carmody
Janice L. Pauls
Conferees on the part of House
Tim Emert
Lana Oleen
Greta Goodwin
Conferees on part of Senate
Senator Emert moved the Senate adopt the Conference Committee Report on SB 92.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
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,
Vratil.
Absent or Not Voting: Vidricksen.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 430, submits the following report:
The House recedes from all of its amendments to the bill; and your committee on
conference agrees to further amend the bill, as printed with amendments by Senate
Committee of the Whole, as follows:
On page 4, following line 34, by inserting:
``Sec. 4. K.S.A. 1999 Supp. 41-727 is hereby amended to read as follows: 41-727. (a)
Except with regard to serving of alcoholic liquor or cereal malt beverage as permitted by
K.S.A. 41-308a, 41-308b, 41-2610 or 41-2704 and sections 5, 6 and 7, and amendments
thereto, and subject to any rules and regulations adopted pursuant to such statutes, no
person under 21 years of age shall possess, consume, obtain, purchase or attempt to obtain
or purchase alcoholic liquor or cereal malt beverage except as authorized by law.
(b) Violation of this section by a person 18 or more years of age but less than 21 years
of age is a class C misdemeanor for which the minimum fine is $200.
(c) Any person less than 18 years of age who violates this section is a juvenile offender
under the Kansas juvenile justice code. Upon adjudication thereof and as a condition of
disposition, the court shall require the offender to pay a fine of not less than $200 nor more
than $500.
(d) In addition to any other penalty provided for a violation of this section, the court
may order the offender to do either or both of the following:
(1) Perform 40 hours of public service; or
(2) attend and satisfactorily complete a suitable educational or training program dealing
with the effects of alcohol or other chemical substances when ingested by humans.
(e) This section shall not apply to the possession and consumption of cereal malt
beverage by a person under the legal age for consumption of cereal malt beverage when
such possession and consumption is permitted and supervised, and such beverage is
furnished, by the person's parent or legal guardian.
(f) Any city ordinance or county resolution prohibiting the acts prohibited by this section
shall provide a minimum penalty which is not less than the minimum penalty prescribed by
this section.
(g) This section shall be part of and supplemental to the Kansas liquor control act.
New Sec. 5. (a) Any person listed in subsections (b)(1), (b)(2) or (b)(3) may engage or
direct a person under 21 years of age to violate the provisions of the Kansas liquor control
act in order to develop a program or system which determines and encourages compliance
with the provisions of such act prohibiting the furnishing or sale of alcoholic liquor to a
person under 21 years of age or the consumption of alcoholic liquor by such persons.
(b) No person shall engage or direct a person under 21 years of age to violate any
provision of the Kansas liquor control act for purposes of determining compliance with the
provisions of such act unless such person is:
(1) An officer having authority to enforce the provisions of the Kansas liquor control
act;
(2) an authorized representative of the attorney general, a county attorney or a district
attorney; or
(3) a licensee under the Kansas liquor control act or such licensee's designee pursuant
to a self-compliance program designed to increase compliance with the provisions of the
Kansas liquor control act if such program has been approved by the director.
New Sec. 6. (a) Any person listed in subsections (b)(1), (b)(2) or (b)(3) may engage or
direct a person under 21 years of age to violate the provisions of the club and drinking
establishment act in order to develop a program or system which determines and encourages
compliance with the provisions of such act prohibiting the furnishing or sale of alcoholic
liquor to a person under 21 years of age or the consumption of alcoholic liquor by such
persons.
(b) No person shall engage or direct a person under 21 years of age to violate any
provision of the club and drinking establishment act for purposes of determining compliance
with the provisions of such act unless such person is:
(1) An officer having authority to enforce the provisions of the club and drinking
establishment act;
(2) an authorized representative of the attorney general, a county attorney or a district
attorney; or
(3) a licensee or permittee under the club and drinking establishment act or such
licensee's or permittee's designee pursuant to a self-compliance program designed to
increase compliance with the provisions of the club and drinking establishment act if such
program has been approved by the director.
New Sec. 7. (a) Any person listed in subsections (b)(1), (b)(2) or (b)(3) may engage or
direct a person under the legal age for consumption of cereal malt beverage to violate the
provisions of K.S.A. 41-2701, et seq., and amendments thereto, in order to develop a
program or system which determines and encourages compliance with the provisions thereof
prohibiting the furnishing or sale of cereal malt beverages to a person under the legal age
for consumption of cereal malt beverage or the consumption of cereal malt beverages by
such persons.
(b) No person shall engage or direct a person under the legal age for consumption of
cereal malt beverage to violate any provision of K.S.A. 41-2701 et seq., and amendments
thereto, for purposes of determining compliance therewith unless such person is:
(1) An officer having authority to enforce the provisions of K.S.A. 41-2701 et seq., and
amendments thereto;
(2) an authorized representative of the attorney general, a county attorney or a district
attorney; or
(3) a licensee under the provisions of K.S.A. 41-2701, et seq., and amendments thereto,
or such licensee's designee pursuant to a self-compliance program designed to increase
compliance with the provisions of K.S.A. 41-2701 et seq., and amendments thereto if such
program has been approved by the director.
Sec. 8. K.S.A. 41-211 is hereby amended to read as follows: 41-211. (a) The rules and
regulations adopted by the secretary of revenue pursuant to K.S.A. 41-210, and amendments
thereto, shall include rules and regulations:
(1) Prescribing the nature, form and capacity of all containers used for alcoholic liquors;
(2) prescribing the nature of and the representations to be shown upon the labels
attached to the containers and requiring that the labels attached to all original containers
or packages of alcoholic liquors sold or offered for sale in this state shall set forth in plain
and legible print in the English language the quantity of such liquors, exclusive of the
package or cask containing them, in either metric or English measurement;
(3) prescribing administrative procedures for the issuance of licenses and the
investigation of license applications and providing for advisory recommendations from
governing bodies of cities as to retailers' licenses and for hearings on applications;
(4) prescribing conditions for the issuance of duplicate licenses in lieu of those lost or
destroyed;
(5) prescribing those violations of the rules and regulations for which licenses shall be
suspended or revoked;
(6) establishing standards of purity, sanitation and honest advertising and
representations;
(7) requiring the destruction of stamps upon containers which have been opened;
(8) in the case of manufacturers and distributors of alcoholic liquors, requiring the labels
attached to all containers of such liquors which are intended for sale in this state to set forth,
in plain legible print in the English language, the name and kind of alcoholic liquors
contained therein, together with their alcoholic content, and if a blended product (except
wine) to so state, except that, if the director deems it unnecessary to show the alcoholic
content of beer on labels of containers of beer, the alcoholic content shall not be required
to be shown thereon; and
(9) establishing procedures and conditions under which minors may be engaged in
programs or systems encouraging compliance with the provisions of laws relating to the sale
of alcoholic liquor and cereal malt beverages to a person under 21 years of age or under the
legal age for consumption of cereal malt beverages as authorized by sections 5, 6 and 7, and
amendments thereto. Such regulations shall include provisions which require that such
person used in any such program or system to be (A) at least 18 years of age and not more
than 19 1/2 years of age; (B) exhibit a youthful appearance; (C) carry only one piece of
identification, which shall be a valid form of identification; (D) truthful in interactions with
licensees; except if asked, such person may deny working with law enforcement officials.
It shall be an absolute defense in any civil proceeding or criminal prosecution if any such
program or system does not comply with the procedures and conditions required by such
rules and regulations;
(9) (10) providing for such other details as are necessary or convenient to the
administration and enforcement of this act.
(b) The secretary of revenue may adopt rules and regulations pursuant to K.S.A. 41-
210, and amendments thereto establishing:
(1) Standards of manufacture of alcoholic liquors and beer, regardless of its alcoholic
content, not inconsistent with federal laws, in order to insure the use of proper ingredients
and methods in the manufacture and distribution thereof; and
(2) standards, not inconsistent with federal law, for the proper labeling of containers or
barrels, casks or other bulk containers or bottles of alcoholic liquor and beer, regardless of
its alcoholic content, manufactured or sold in this state.
New Sec. 9. Any citation issued for a violation of the liquor control act or the club and
drinking establishment act shall be delivered to the person allegedly committing the violation
at the time of the alleged violation. A copy of such citation also shall be delivered by United
States mail to the licensee within 30 days of the alleged violation. If such citation and copy
are not so delivered, the citation shall be void and unenforceable.
New Sec. 10. Any licensee who has been the subject of an operation conducted by the
division of alcoholic beverage control or any local law enforcement agency to determine
compliance with the provisions of laws relating to the sale of alcoholic liquor and cereal
malt beverages to persons under 21 years of age or the legal age for consumption of cereal
malt beverage shall be issued a written notice of compliance with such laws within 30 days
of the date of such operation.'';
By renumbering sections accordingly;
Also on page 4, in line 35, following ``K.S.A.'' by inserting ``41-211,''; in line 36, by striking
``and 41-719a'' and inserting ``, 41-719a and 41-727'';
In the title, in line 15, following ``liquor'' by inserting ``and cereal malt beverages''; in line
16, following ``K.S.A.'' by inserting ``41-211,''; in line 17, after ``41-719'' by inserting ``and
41-727'';
\ And your committee on conference recommends the adoption of this report.
Tony Powell
Phill Kline
Thomas Klein
Conferees on the part of House
Lana Oleen
John Vratil
Sherman Jones
Conferees on part of Senate
Senator Oleen moved the Senate adopt the Conference Committee Report on H Sub
for SB 430.
On roll call, the vote was: Yeas 37, Nays 2, Present and Passing 0, Absent or Not Voting
1.
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, Steffes, Steineger, Stephens, Umbarger, Vratil.
Nays: Salmans, Tyson.
Absent or Not Voting: Vidricksen.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 470, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:
On page 1, by striking all in lines 20 through 43;
By striking all on pages 2 through 16 and inserting the following:
``Section 1. K.S.A. 50-626 is hereby amended to read as follows: 50-626. (a) No supplier
shall engage in any deceptive act or practice in connection with a consumer transaction.
(b) Deceptive acts and practices include, but are not limited to, the following, each of
which is hereby declared to be a violation of this act, whether or not any consumer has in
fact been misled:
(1) Representations made knowingly or with reason to know that:
(A) Property or services have sponsorship, approval, accessories, characteristics,
ingredients, uses, benefits or quantities that they do not have;
(B) the supplier has a sponsorship, approval, status, affiliation or connection that the
supplier does not have;
(C) property is original or new, if such property has been deteriorated, altered,
reconditioned, repossessed or is second-hand or otherwise used to an extent that is materially
different from the representation;
(D) property or services are of particular standard, quality, grade, style or model, if they
are of another which differs materially from the representation;
(E) the consumer will receive a rebate, discount or other benefit as an inducement for
entering into a consumer transaction in return for giving the supplier the names of
prospective consumers or otherwise helping the supplier to enter into other consumer
transactions, if receipt of benefit is contingent on an event occurring after the consumer
enters into the transaction;
(F) property or services has uses, benefits or characteristics unless the supplier relied
upon and possesses a reasonable basis for making such representation; or
(G) use, benefit or characteristic of property or services has been proven or otherwise
substantiated unless the supplier relied upon and possesses the type and amount of proof
or substantiation represented to exist;
(2) the willful use, in any oral or written representation, of exaggeration, falsehood,
innuendo or ambiguity as to a material fact;
(3) the willful failure to state a material fact, or the willful concealment, suppression or
omission of a material fact;
(4) disparaging the property, services or business of another by making, knowingly or
with reason to know, false or misleading representations of material facts;
(5) offering property or services without intent to sell them;
(6) offering property or services without intent to supply reasonable, expectable public
demand, unless the offer discloses the limitation;
(7) making false or misleading representations, knowingly or with reason to know, of
fact concerning the reason for, existence of or amounts of price reductions, or the price in
comparison to prices of competitors or one's own price at a past or future time;
(8) falsely stating, knowingly or with reason to know, that a consumer transaction
involves consumer rights, remedies or obligations;
(9) falsely stating, knowingly or with reason to know, that services, replacements or
repairs are needed;
(10) falsely stating, knowingly or with reason to know, the reasons for offering or
supplying property or services at sale or discount prices; and
(11) sending or delivering a solicitation for goods or services which could reasonably be
interpreted or construed as a bill, invoice or statement of account due, unless:
(A) Such solicitation contains the following notice, on its face, in conspicuous and legible
type in contrast by typography, layout or color with other printing on its face:
``THIS IS A SOLICITATION FOR THE PURCHASE OF GOODS OR SERVICES
AND NOT A BILL, INVOICE OR STATEMENT OF ACCOUNT DUE. YOU ARE
UNDER NO OBLIGATION TO MAKE ANY PAYMENTS UNLESS YOU ACCEPT
THIS OFFER''; and
(B) such solicitation, if made by any classified telephone directory service not affiliated
with a local telephone service in the area of service, contains the following notice, on its
face, in a prominent and conspicuous manner:
``______________________IS NOT AFFILIATED WITH
(name of telephone directory service)
ANY LOCAL TELEPHONE COMPANY''.; and
(12) using, in any printed advertisement, an assumed or fictitious name for the conduct
of such person's business that includes the name of any municipality, community or region
or other description of the municipality, community or region in this state in such a manner
as to suggest that such person's business is located in such municipality, community or region
unless: (A) Such person's business is, in fact, located in such municipality, community or
region; or (B) such person includes in any such printed advertisement the complete street
and city address of the location from which such person's business is actually conducted. If
located outside of Kansas, the state in which such person's business is located also shall be
included. The provisions of this subsection shall not apply to the use of any trademark or
service mark registered under the laws of this state or under federal law; any such name
that, when applied to the goods or services of such person's business, is merely descriptive
of them; or any such name that is merely a surname. Nothing in this subsection shall be
construed to impose any liability on any publisher when such publisher had no knowledge
the business was not, in fact, located in such municipality, community or region.
Sec. 2. K.S.A. 50-626 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its publication in the
statute book.'';
On page 1, in the title, by striking all in lines 12 through 17 and inserting the following:
``AN ACT concerning the consumer protection act; relating to deceptive use of name of
municipality, community or region in printed advertisements; amending K.S.A. 50-626 and
repealing the existing section.'';
\ And your committee on conference recommends the adoption of this report.
Michael R. O'Neal
Tim Carmody
Janice L. Pauls
Conferees on the part of House
Tim Emert
Edward W. Pugh
Greta Goodwin
Conferees on part of Senate
Senator Emert moved the Senate adopt the Conference Committee Report on SB 470.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
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,
Vratil.
Absent or Not Voting: Vidricksen.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to SENATE Substitute for HB 2513, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:
By striking all after the enacting clause and inserting in lieu thereof the following material
to read as follows:
``Section 1. (a) For the fiscal years ending June 30, 2000, June 30, 2001, and June 30,
2002, appropriations are hereby made, restrictions and limitations are hereby imposed, and
transfers, fees, receipts, disbursements, and acts incidental to the foregoing are hereby
directed or authorized as provided in this act.
(b) The agencies named in this act are hereby authorized to initiate and complete the
capital improvement projects specified and authorized by this act or for which appropriations
are made by this act, subject to the restrictions and limitations imposed by this act.
(c) This act shall be known and may be cited as the omnibus appropriation act of 2000
and shall constitute the omnibus reconciliation spending limit bill for the 2000 regular
session of the legislature for purposes of subsection (a) of K.S.A. 75-6702 and amendments
thereto.
(d) The appropriations made by this act shall not be subject to the provisions of K.S.A.
46-155 and amendments thereto.
Sec. 2.
STATE TREASURER
(a) There is hereby appropriated from the state general fund for the fiscal year or years
specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2000 | $10,000 |
Postsecondary education savings program
| For the fiscal year ending June 30, 2001 | $133 |
(b) On July 1, 2000, of the $1,728,882 appropriated for the above agency for the fiscal
year ending June 30, 2001, by section 9 (a) of 2000 House Substitute for Senate Bill No.
326 from the state general fund in the operating expenditures account, the sum of $295,692
is hereby lapsed.
(c) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year or years specified, all moneys now or hereafter lawfully credited
to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:
Postsecondary education savings program expense fund
| For the fiscal year ending June 30, 2001 | No limit |
Sec. 3.
DEPARTMENT OF ADMINISTRATION
(a) There is hereby appropriated from the state general fund for the fiscal year or years
specified, the following:
Budget analysis
| For the fiscal year ending June 30, 2001 | $9,040 |
Long-term care ombudsman
| For the fiscal year ending June 30, 2001 | $1,071 |
Performance review board
| For the fiscal year ending June 30, 2001 | $1,798 |
(b) On July 1, 2000, of the $16,836,819 appropriated for the above agency for the fiscal
year ending June 30, 2001 by section 20 (a) of 2000 House Substitute for Senate Bill No.
326 from the state general fund in the department of administration operations account,
the sum of $77,371 is hereby lapsed.
(c) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year or years specified, all moneys now or hereafter lawfully credited
to and available in such fund or funds, except that expenditures shall not exceed the
following:
Capitol restoration project revenue fund
| For the fiscal year ending June 30, 2001 | No limit |
Provided, That the department of administration may make expenditures from the capitol
restoration project revenue fund for the capital improvement project to construct, equip,
furnish, renovate, reconstruct, and repair the state capitol: Provided, however, That
expenditures from this fund for such capital improvement project shall not exceed
$40,000,000, plus all amounts required for costs of bond issuance, costs of interest on the
bonds issued for such capital improvement project during the construction of the project
and any required reserves for the payment of principal and interest on the bonds: Provided
further, That such capital improvement project is hereby approved for the department of
administration for the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto
and the authorization of the issuance of bonds by the Kansas development finance authority
in accordance with that statute: And provided further, That all moneys received from the
issuance of any such bonds shall be deposited in the state treasury to the credit of this fund.
Public broadcasting digital television fund
| For the fiscal year ending June 30, 2001 | No limit |
Provided, That the department of administration may make expenditures from the public
broadcasting digital television fund for capital improvement projects and equipment
acquisition for the conversion of public television stations to digital broadcasting: Provided,
however, That expenditures from this fund for such capital improvement projects and
equipment acquisition shall not exceed $6,000,000, plus all amounts required for costs of
bond issuance, costs of interest on the bonds issued for such capital improvement projects
and equipment acquisition during the construction of such projects and acquisitions and
any required reserves for the payment of principal and interest on the bonds: Provided
further, That such capital improvement projects and equipment acquisition are hereby
approved for the department of administration for the purposes of subsection (b) of K.S.A.
74-8905 and amendments thereto and the authorization of the issuance of bonds by the
Kansas development finance authority in accordance with that statute: And provided further,
That all moneys received from the issuance of any such bonds shall be deposited in the
state treasury to the credit of this fund: And provided further, That all expenditures from
this fund shall be used to match federal funding for capital improvement projects and
equipment acquisition for the conversion of public television stations to digital broadcasting.
| Municipal accounting and training services recovery fund | No limit |
Provided, That expenditures may be made from the municipal accounting and training
services recovery fund to provide general ledger, payroll reporting, utilities billing, data
processing, and accounting services to municipalities and to provide training programs
conducted for municipal government personnel, including official hospitality: Provided
further, That the director of accounts and reports is hereby authorized to fix, charge and
collect fees for such services and programs: And provided further, That such fees shall be
fixed to cover all or part of the operating expenditures incurred in providing such services
and programs, including official hospitality: And provided further, That all fees received for
such services and programs, including official hospitality, shall be credited to this fund.
Closure health insurance fund
| For the fiscal year ending June 30, 2001 | No limit |
Closure term life insurance fund
| For the fiscal year ending June 30, 2001 | No limit |
(d) On July 15, 2000, the director of accounts and reports shall transfer $50,000 from the
state emergency fund to the state general fund.
(e) On the effective date of this act, the expenditure limitation established by section
42(b) of chapter 132 of the 1999 Session Laws of Kansas on the motor pool service fund is
hereby increased from $ 2,570,075 to $2,994,357.
(f) On July 1, 2000, the expenditure limitation established by section 20(b) of 2000 House
Substitute for Senate Bill No. 326 on the architectural services recovery fund is hereby
increased from $1,691,096 to $1,694,540.
(g) In addition to the other purposes for which expenditures may be made by the
department of administration from the state buildings operating fund for fiscal year 2001
as authorized by section 20(b) of 2000 House Substitute for Senate Bill No. 326,
expenditures may be made by the above agency from the state buildings operating fund for
fiscal year 2001 for relocation of blind services and the Kansas industries for the blind:
Provided, however, That such expenditures shall not be made except upon approval of the
state finance council acting on this matter which is hereby characterized as a matter of
legislative delegation and subject to the guidelines prescribed by subsection (c) of K.S.A.
75-3711c and amendments thereto.
(h) On July 1, 2000, the position limitation established by section 69(a) of 2000 House
Substitute for Senate Bill No. 326 for the department of administration is hereby decreased
from 884.4 to 874.4.
(i) The director of accounts and reports shall not make the transfer of all moneys in the
municipal accounting and training services recovery fund to the accounting services recovery
fund which was directed to be made on July 1, 2000, by section 20(k) of 2000 House
Substitute for Senate Bill No. 326. The liabilities of the municipal accounting and training
services recovery fund shall not be transferred to and imposed upon the accounting services
recovery fund on July 1, 2000, by section 20(k) of 2000 House Substitute for Senate Bill
No. 326. The municipal accounting and training services recovery fund are hereby
specifically continued in existence on and after July 1, 2000, and shall not be abolished by
section 20(k) of 2000 House Substitute for Senate Bill No. 326.
(j) On July 1, 2000, the director of accounts and reports shall transfer $3,552,000 from
the state general fund to the flexible spending fund.
(k) The director of accounts and reports shall not make the transfer of all moneys in the
closure health insurance fund and the closure term life insurance fund to the state general
fund which was directed to be made on July 1, 2000, by section (20)(l) of 2000 House
Substitute for Senate Bill No. 326. The liabilities of the closure health insurance fund and
the closure term life insurance fund shall not be transferred to and imposed upon the state
general fund on July 1, 2000, by section 20(l) of 2000 House Substitute for Senate Bill No.
326. The closure health insurance fund and the closure term life insurance fund is hereby
specifically continued in existence on and after July 1, 2000, and shall not be abolished by
section 20(l) of 2000 House Substitute for Senate Bill No. 326.
Sec. 4.
DEPARTMENT OF REVENUE
(a) There is hereby appropriated from the state general fund for the fiscal year or years
specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2000 | $50,000 |
| For the fiscal year ending June 30, 2001 | $1,080,858 |
(b) On July 1, 2000, the position limitation established by section 69(a) of 2000 House
Substitute for Senate Bill No. 326 for the department of revenue is hereby increased from
1,157.0 to 1,162.0.
(c) On the July 1, 2000, the expenditure limitation established by section 22(b) of 2000
House Substitute for Senate Bill No. 326 on the division of vehicles operating fund is hereby
increased from $30,544,804 to $30,613,887.
Sec. 5.
STATE BOARD OF REGENTS
(a) There is hereby appropriated from the state general fund for the fiscal year or years
specified, the following:
Operating expenditures (including official hospitality)
| For the fiscal year ending June 30, 2001 | $150 |
(b) On July 1, 2000, the expenditure limitation established by section 50(b) of 2000 House
Substitute for Senate Bill No. 326 on the economic development initiatives fund is hereby
increased from $9,566,110 to $10,066,110.
(c) On July 1, 2000, the expenditure limitation established by section 50(c) of 2000 House
Substitute for Senate Bill No. 326 on the vocational education capital outlay aid account of
the economic development initiatives fund is hereby increased from $2,200,000 to
$2,700,000.
(d) On July 15, 2000, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer $500,000 from the Kansas economic development endowment
account of the state economic development initiatives fund of the department of commerce
and housing to the economic development initiatives fund of the state board of regents.
Sec. 6.
EMPORIA STATE UNIVERSITY
(a) On July 1, 2000, of the $29,378,363 appropriated for the above agency for the fiscal
year ending June 30, 2001 by section 45(a) of 2000 House Substitute for Senate Bill No.
326 from the state general fund in the operating expenditures (including official hospitality)
account, the sum of $78,865 is hereby lapsed.
(b) On the effective date of this act, of the $28,701,695 appropriated for the above agency
for the fiscal year ending June 30, 2000 by section 67(a) of chapter 132 of the 1999 Session
Laws of Kansas from the state general fund in the operating expenditures (including official
hospitality) account, the sum of $32,227 is hereby lapsed.
(c) On July 1, 2000, the expenditure limitation established by section 45(b) of 2000 House
Substitute for Senate Bill No. 326 on the general fees fund is hereby increased from
$8,855,138 to $8,888,734.
(d) On the effective date of this act, the expenditure limitation established by section
45(b) of 2000 Senate Bill No. 39 on the general fees fund is hereby increased from
$8,317,742 to $8,349,969.
Sec. 7.
FORT HAYS STATE UNIVERSITY
(a) There is hereby appropriated from the state general fund for the fiscal year or years
specified, the following:
Operating expenditures (including official hospitality)
| For the fiscal year ending June 30, 2000 | $1,863 |
| For the fiscal year ending June 30, 2001 | $3,693 |
(b) On the effective date of this act, the expenditure limitation established by section
42(b) of 2000 Senate Bill No. 39 on the general fees fund is hereby decreased from
$8,239,479 to $8,237,616.
Sec. 8.
PITTSBURG STATE UNIVERSITY
(a) There is hereby appropriated from the state general fund for the fiscal year or years
specified, the following:
Operating expenditures (including official hospitality)
| For the fiscal year ending June 30, 2000 | $74,765 |
| For the fiscal year ending June 30, 2001 | $107,448 |
(b) On the effective date of this act, the expenditure limitation established by section
47(b) of 2000 Senate Bill No. 39 on the general fees fund is hereby decreased from
$10,497,103 to $10,422,338.
(c) On July 1, 2000, the expenditure limitation established by section 46(b) of 2000 House
Substitute for Senate Bill No. 326 on the general fees fund is hereby decreased from
$11,159,978 to $11,048,357.
Sec. 9.
UNIVERSITY OF KANSAS MEDICAL CENTER
(a) On July 1, 2000, of the $98,539,396 appropriated for the above agency for the fiscal
year ending June 30, 2001 by section 48(a) of 2000 House Substitute for Senate Bill No.
326 from the state general fund in the operating expenditures (including official hospitality)
account, the sum of $65,544 is hereby lapsed.
(b) On July 1, 2000, the expenditure limitation established by section 48(b) of 2000 House
Substitute for Senate Bill No. 326 on the general fees fund is hereby increased from
$11,033,864 to $11,099,315.
(c) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year or years specified, all moneys now or hereafter lawfully credited
to and available in such fund or funds, except that expenditures shall not exceed the
following:
| Wahl hall renovation fund | No limit |
Provided, That the university of Kansas medical center may make expenditures from the
Wahl hall renovation fund for the capital improvement project to construct, equip, furnish,
renovate, reconstruct, and repair Wahl hall.
(d) In addition to the other purposes for which expenditures may be made by the above
agency from the children's initiatives fund for fiscal year 2001, expenditures may be made
by the above agency from the children's initiatives fund for fiscal year 2001 for the following
specified purposes subject to the expenditure limitations prescribed therefor:
| Children's initiatives fund--Telekid health care link | $250,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--Telekid health care link account shall
be in addition to any expenditure limitation imposed on the children's initiatives fund for
fiscal year 2001.
| Children's initiatives fund--pediatric biomedical research | $1,000,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--pediatric biomedical research account
shall be in addition to any expenditure limitation imposed on the children's initiatives fund
for fiscal year 2001.
Sec. 10.
KANSAS, INC.
(a) On July 1, 2000, the expenditure limitation established by section 26(a) of 2000 House
Substitute for Senate Bill No. 326 on the EDIF fund is hereby increased from $377,137 to
$377,949.
(b) On July 1, 2000, the expenditure limitation established by section 26(b) of 2000 House
Substitute for Senate Bill No. 326 on the operations (including official hospitality) account
of the EDIF fund is hereby increased from $377,137 to $377,949.
(c) On July 15, 2000, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer $812 from the Kansas economic development endowment account
of the state economic development initiatives fund of the department of commerce and
housing to the EDIF fund of Kansas, Inc.
Sec. 11.
KANSAS TECHNOLOGY ENTERPRISE CORPORATION
(a) On July 1, 2000, the expenditure limitation established by section 27(a) of 2000 House
Substitute for Senate Bill No. 326 on the economic development research and development
fund is hereby increased from $12,523,562 to $13,088,590.
(b) On July 1, 2000, the expenditure limitation established by section 27(b) of 2000 House
Substitute for Senate Bill No. 326 on the operations, assistance and grants (including official
hospitality) account of the economic development research and development fund is hereby
increased from $12,523,562 to $13,088,590.
(c) On January 15, 2001, or as soon thereafter as moneys are available, the director of
accounts and reports shall transfer $315,028 from the Kansas economic development
endowment account of the state economic development initiatives fund of the department
of commerce and housing to the economic development research and development fund of
the Kansas technology enterprise corporation.
Sec. 12.
DEPARTMENT OF COMMERCE AND HOUSING
(a) On July 1, 2000, the expenditure limitation established by section 25(b) of 2000 House
Substitute for Senate Bill No. 326 on the Kansas economic development account of the
state economic development initiatives fund is hereby increased from $16,061,331 to
$16,578,179.
(b) On July 1, 2000, the expenditure limitation established by section 25(c) of 2000 House
Substitute for Senate Bill No. 326 on the Kansas industrial training and Kansas industrial
retraining program account of the Kansas economic development endowment account of
the state economic development initiatives fund is hereby increased from $3,300,000 to
$3,600,000.
(c) On July 1, 2000, the expenditure limitation established by section 25(c) of 2000 House
Substitute for Senate Bill No. 326 on the tourism grants account of the Kansas economic
development endowment account of the state economic development initiatives fund is
hereby increased from $852,100 to $1,052,100.
(d) On July 1, 2000, the expenditure limitation established by section 25(c) of 2000 House
Substitute for Senate Bill No. 326 on the state operations (including official hospitality)
account of the Kansas economic development endowment account is hereby increased from
$9,167,931 to $9,184,779.
(e) In addition to the other purposes for which expenditures may be made by the
department of commerce and housing from the Kansas economic development endowment
account of the state economic development initiatives fund for fiscal year 2000, expenditures
may be made by the above agency from the Kansas economic development endowment
account of the state economic development initiatives fund for fiscal year 2000 for grants
to the Kansas sports hall of fame: Provided, That expenditures for such purpose from the
Kansas economic development endowment account of the state economic development
initiatives fund for fiscal year 2000 shall not exceed $50,000: Provided further, That all such
expenditures for such purpose shall be in addition to any expenditure limitation on the
Kansas economic development endowment account of the state economic development
initiatives fund for fiscal year 2000.
Sec. 13.
KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM
(a) On the effective date of this act, the expenditure limitation established for the fiscal
year ending June 30, 2000, by section 17(a) of 2000 Senate Bill No. 39 on the agency
operations account of the Kansas public employees retirement fund is hereby increased
from $4,918,994 to $4,986,334.
(b) On the effective date of this act, the expenditure limitation established for the fiscal
year ending June 30, 2000, by section 37(b) of chapter 132 of the 1999 Session Laws of
Kansas on the bonus awards to unclassified employees subaccount of the agency operations
account of the Kansas public employees retirement fund is hereby increased from $75,000
to $91,540.
(c) On the effective date of this act, the expenditure limitation established for the fiscal
year ending June 30, 2000, by section 17(b) of 2000 Senate Bill No. 39 on the investment
related expenses account of the Kansas public employees retirement fund is hereby
decreased from $26,644,408 to $26,011,735.
(d) On the effective date of this act, the expenditure limitation established for the fiscal
year ending June 30, 2000, by section 6(b) of chapter 160 of the 1999 Session Laws of
Kansas on the technology project account of the Kansas public employees retirement fund
is hereby decreased from $2,451,255 to $100,000.
(e) On July 1, 2000, the expenditure limitation established for the fiscal year ending June
30, 2001, by section 15(b) of 2000 House Substitute for Senate Bill No. 326 on the agency
operations account of the Kansas public employees retirement fund is hereby increased
from $5,989,105 to $6,100,616.
(f) On July 1, 2000, the expenditure limitation established for the fiscal year ending June
30, 2001, by section 15(b) of 2000 House Substitute for Senate Bill No. 326 on the bonus
awards to unclassified employees subaccount of the agency operations account of the Kansas
public employees retirement fund is hereby increased from $75,000 to $91,540.
(g) On July 1, 2000, the expenditure limitation established for the fiscal year ending June
30, 2001, by section 15(b) of 2000 House Substitute for Senate Bill No. 326 on the
investment related expenses account of the Kansas public employees retirement fund is
hereby increased from $26,876,393 to $26,909,271.
(h) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year or years specified, all moneys now or hereafter lawfully credited
to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:
Senior services trust fund
| For the fiscal year ending June 30, 2000 | No limit |
| For the fiscal year ending June 30, 2001 | No limit |
(i) In addition to the other purposes for which expenditures may be made by the above
agency from the agency operations account of the Kansas public employees retirement fund
for fiscal year 2000, as authorized by section 37(b) of chapter 132 of the 1999 Session Laws
of Kansas, or for fiscal year 2001, as authorized by section 15(b) of 2000 House Substitute
for Senate Bill No. 326, expenditures may be made by the above agency for fiscal year 2000
and fiscal year 2001 for the purpose of paying fees and expenses associated with the search
for a new executive secretary pursuant to procedures established by the board of trustees
of the Kansas public employees retirement system: Provided, That any expenditures for
such purpose shall be in addition to any expenditure limitation on the agency operations
account of such fund for fiscal year 2000 and fiscal year 2001: Provided, however, That the
aggregate amount of expenditures for such fees and expenses for fiscal year 2000 and fiscal
year 2001 shall not exceed $50,000 for the two-year period.
(j) In addition to the other purposes for which expenditures may be made by the above
agency from the agency operations account of the Kansas public employees retirement fund
for the fiscal year ending June 30, 2001, as authorized by section 15(b) of 2000 House
Substitute for Senate Bill No. 326, expenditures may be made by the above agency for fiscal
year 2001 for the purpose of paying expenses associated with the technology project as
approved by the board of trustees of the Kansas public employees retirement system:
Provided, That any expenditures for such purpose shall be in addition to any expenditure
limitation on the agency operations account of such fund: Provided, however, That the total
amount of expenditures for such expenses for fiscal year 2001 shall not exceed $2,283,913:
Provided further, That any contract negotiated for the technology project shall be reviewed
and approved by the chief information technology officer of the executive branch who also
shall consider that the technology project is in compliance with the provisions of K.S.A. 75-
7209 and amendments thereto.
(k) In addition to other purposes for which expenditures may be made by the Kansas
public employees retirement system from the Kansas public employees retirement fund for
fiscal year 2001 as authorized by this or other appropriation act of the 2000 regular session
of the legislature, and notwithstanding any provisions of K.S.A. 74-4904 and amendments
thereto to the contrary, the board of trustees of the Kansas public employees retirement
system is hereby authorized and directed to make expenditures from the Kansas public
employees retirement fund for fiscal year 2001 for a hearing under K.S.A. 74-4904 and
amendments thereto for one active member of the Kansas police and firemen's retirement
system who currently serves in the Kansas highway patrol, who is in tier 1 instead of tier 2
under the Kansas police and firemen's retirement system as a result of no election pursuant
to K.S.A. 74-4955a and amendments thereto and, who at the end of calendar year 1999 was
51 years of age and had 28 years of total projected service.
Sec. 14.
KANSAS LOTTERY
(a) On July 1, 2000, the expenditure limitation established by section 23(a) of 2000 House
Substitute for Senate Bill No. 326 on the lottery operating fund is hereby increased from
$8,998,099 to $9,010,196.
(b) On July 1, 2000, the provisions of section 23(b) of 2000 House Substitute for Senate
Bill No. 326 are hereby declared to be null and void and shall have no force and effect.
(c) Notwithstanding the provisions of K.S.A. 74-8711 and amendments thereto, each
monthly transfer credited for the fiscal year ending June 30, 2001, from the lottery operating
fund to the state gaming revenue fund pursuant to subsection (d) of K.S.A. 74-8711 and
amendments thereto shall be an amount equal to not less than 30.00% of total monthly
revenues from the sales of lottery tickets and shares less estimated returned tickets.
Sec. 15.
KANSAS RACING AND GAMING COMMISSION
(a) On the effective date of this act, the position limitation established by section 90(a)
of chapter 132 of the 1999 Session Laws of Kansas for the Kansas racing and gaming
commission--state racing operations is hereby increased from 42.0 to 51.0.
(b) On July 1, 2000, the position limitation established by section 69(a) of 2000 House
Substitute for Senate Bill No. 326 for the Kansas racing and gaming commission--state
racing operations is hereby increased from 43.0 to 52.0.
(c) On the effective date of this act, the expenditure limitation established by section 26(a)
of 2000 Senate Bill No. 39 on the state racing fund is hereby increased from $3,283,383 to
$3,423,383.
(d) On July 1, 2000, the expenditure limitation established by section 24(a) of 2000 House
Substitute for Senate Bill No. 326 on the state racing fund is hereby increased from
$3,217,143 to $3,813,653.
(e) Notwithstanding the provisions of subsection (c) of K.S.A. 74-8826 and amendments
thereto, and notwithstanding any agreements between the director of accounts and reports
and the executive director of the state racing and gaming commission that set a $300,000
maximum amount of reserve balance for the state racing fund, the state racing fund may
have an amount of not to exceed $440,000 as an unencumbered cash balance on June 30,
2000, and such unencumbered cash balance shall not be subject to transfer to the state
gaming revenues fund for the fiscal year ending June 30, 2000.
(f) Notwithstanding the provisions of K.S.A. 74-8826 and amendments thereto, or any
other provision of law to the contrary, no expenditures shall be made for a period of more
than 90 days after the date of the start of simulcasting at the Camptown race track from
the state racing fund for the fiscal years ending June 30, 2000, and June 30, 2001, for the
purpose of regulating simulcasting at the Camptown race track located in Frontenac, Kansas,
unless revenues derived from live racing at the Camptown race track are deposited in the
state racing fund within 100 days of the start of simulcasting.
Sec. 16.
DEPARTMENT OF TRANSPORTATION
(a) On July 1, 2000, the expenditure limitation established by section 68(b) of 2000 House
Substitute for Senate Bill No. 326 on the agency operations account of the state highway
fund is hereby increased from $209,875,792 to $210,266,469.
(b) In addition to the other purposes for which expenditures may be made by the
department of transportation from the state highway fund for the fiscal year 2001, as
authorized by this or other appropriation act of the 2000 regular session of the legislature,
expenditures shall be made by the department of transportation from the state highway fund
for fiscal year 2001 for loans or grants to qualified entities pursuant to the provisions of
K.S.A. 75-5048, and amendments thereto, in addition to such other terms and conditions,
the secretary of transportation shall require any qualified entity receiving such loans or grants
to maintain or to improve services on such railroad line: Provided, That such qualified entity
shall provide to the secretary of transportation demonstrable evidence of improvements of
services on such railroad line: Provided further, That improvements in services shall include
but shall not be limited to, the rehabilitation of the track including rail, ties and roadbed,
the use of heavier weight rail, increased service to shippers, and any other maintenance that
improves services on such railroad line.
Sec. 17.
SECRETARY OF STATE
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2000 | $20,000 |
| For the fiscal year ending June 30, 2001 | $401,818 |
(b) In addition to the other purposes for which expenditures may be made by the secretary
of state from the uniform commercial code fee fund for fiscal year 2001, expenditures may
be made by the above agency from the uniform commercial code fee fund for fiscal year
2001 for operating expenditures, including expenditures for 2.0 additional full-time
equivalent positions, for implementation of 2000 Senate Bill No. 366: Provided, That all
such expenditures from the uniform commercial code fee fund for fiscal year 2001 for such
purpose shall be in addition to any expenditure limitation established for the uniform
commercial code fee fund for fiscal year 2001: Provided, however, That expenditures from
the uniform commercial code fee fund for fiscal year 2001 for operating expenditures for
implementation of 2000 Senate Bill No. 366 shall not exceed $45,000: Provided further,
That such 2.0 additional full-time equivalent positions shall be in addition to any other
limitation established for the secretary of state on the number of full-time and regular part-
time positions equated to full-time, excluding seasonal and temporary positions, paid from
appropriations for the fiscal year ending June 30, 2001, made in this or other appropriation
act of the 2000 regular session of the legislature: And provided further, That, on June 30,
2000, if 2000 Senate Bill No. 366 is not enacted by the legislature during the 2000 regular
session and signed into law by the governor, then the provisions of this subsection (b) are
hereby declared to be null and void and shall be of no force and effect.
(c) On July 1, 2000, the position limitation established by section 69 (a) of 2000 House
Substitute for Senate Bill No. 326 for the secretary of state is hereby increased from 54.0
to 55.0.
Sec. 18.
GOVERNMENTAL ETHICS COMMISSION
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2001 | $1,325 |
(b) On July 1, 2000, the expenditure limitation established by section 16(b) of 2000 House
Substitute for Senate Bill No. 326 on the governmental ethics commission fee fund is hereby
increased from $131,692 to $148,192: Provided, That, on June 30, 2000, if 2000 Senate Bill
No. 481 is not enacted by the legislature during the 2000 regular session and signed into
law by the governor, then the provisions of this subsection (b) are hereby declared to be
null and void and shall be of no force and effect.
(c) On July 1, 2000, of the $415,796 appropriated for the above agency for the fiscal year
ending June 30, 2001 by section 16(a) of 2000 House Substitute for Senate Bill No. 326
from the state general fund in the operating expenditures account, the sum of $16,500 is
hereby lapsed: Provided, That, on June 30, 2000, if 2000 Senate Bill No. 481 is not enacted
by the legislature during the 2000 regular session and signed into law by the governor, then
the provisions of this subsection (c) are hereby declared to be null and void and shall be of
no force and effect.
Sec. 19.
KANSAS COMMISSION ON VETERANS AFFAIRS
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures - veterans' affairs
| For the fiscal year ending June 30, 2001 | $5,048 |
Operating expenditures - Kansas soldiers' home
| For the fiscal year ending June 30, 2001 | $11,910 |
Operating expenditures - Kansas veterans' home
| For the fiscal year ending June 30, 2001 | $14,518 |
(b) There is appropriated for the above agency from the state institutions building fund
for the fiscal year or years specified, for the capital improvement project or projects specified
as follows:
State veterans cemeteries planning costs
| For the fiscal year ending June 30, 2001 | $50,000 |
Sec. 20.
DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
State operations
| For the fiscal year ending June 30, 2001 | $1,050 |
Other medical assistance
| For the fiscal year ending June 30, 2001 | $3,509,385 |
Youth services aid and assistance
| For the fiscal year ending June 30, 2001 | $400,000 |
Larned state hospital--operating expenditures
| For the fiscal year ending June 30, 2001 | $7,611 |
Osawatomie state hospital--operating expenditures
| For the fiscal year ending June 30, 2001 | $13,121 |
Parsons state hospital and training center--operating expenditures
| For the fiscal year ending June 30, 2001 | $11,139 |
Mental health and retardation services aid and assistance
| For the fiscal year ending June 30, 2001 | $2,867,559 |
(b) On July 1, 2000, of the $51,312,197 appropriated for the above agency for the fiscal
year ending June 30, 2001, by section 33(a) of 2000 House Substitute for Senate Bill No.
326 from the state general fund in the cash assistance account, the sum of $2,410,000 is
hereby lapsed.
(c) On the effective date of this act, of the $53,328,276 appropriated for the above agency
for the fiscal year ending June 30, 2000, by section 55(a) of chapter 132 of the 1999 Session
Laws of Kansas from the state general fund in the cash assistance account, the sum of
$1,010,000 is hereby lapsed.
(d) On the effective date of this act, of the $165,360,603 appropriated for the above agency
for the fiscal year ending June 30, 2000, by section 55(a) of chapter 132 of the 1999 Session
Laws of Kansas from the state general fund in the mental health and retardation services
aid and assistance and state institutions operations account, the sum of $104,969 is hereby
lapsed.
(e) On the effective date of this act, of the $30,937,751 appropriated for the above agency
for the fiscal year ending June 30, 2001, by section 33(a) of 2000 House Substitute for
Senate Bill No. 326 from the state general fund in the community based services account,
the sum of $800,000 is hereby lapsed.
(f) On the effective date of this act, of the $10,100,000 appropriated for the above agency
for the fiscal year ending June 30, 2001, by section 33(a) of 2000 House Substitute for
Senate Bill No. 326 from the state general fund in the children's health insurance account,
the sum of $1,000,000 is hereby lapsed.
(g) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year or years specified, all moneys now or hereafter lawfully credited
to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:
Flexible spending fund--nursing facilities quality enhancement wage pass-through pursuant
to 1999 Senate Bill No.126 (K.S.A. 1999 Supp. 39-971)
| For the fiscal year ending June 30, 2001 | $39,205 |
Provided, That no expenditures shall be made from the flexible spending fund--nursing
facilities quality enhancement wage pass-through pursuant to 1999 Senate Bill No.126
(K.S.A. 1999 Supp. 39-971), except upon approval of the state finance council acting on this
matter which 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 and
acting on this matter after receiving the certification of the director of the budget that
sufficient moneys are available in the state medicaid match fund--SRS.
Flexible spending fund--HCBS/PD waiver
| For the fiscal year ending June 30, 2001 | $2,600,000 |
Provided, That no expenditures shall be made from the flexible spending fund--HCBS/PD
waiver except upon approval of the state finance council acting on this matter which 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 and acting on this
matter after receiving the certification of the director of the budget that sufficient moneys
are not available in the flexible spending fund pursuant to the intergovernmental transfer
program.
Grant to Horizon health plan fund
| For the fiscal year ending June 30, 2001 | $1,000,000 |
Provided, That all expenditures from the grant to Horizon health plan fund shall be for a
grant to Horizon Health Plan, Inc., a Kansas domestic health maintenance organization, to
provide a donation of financial aid to assist the grantee in satisfying the claims of Kansas
hospitals and other health care providers which provided health care services under title
XIX or title XXI of the federal social security act to Kansans through Horizon Health Plan,
Inc., in accordance with the plan for liquidation approved and entered as a final order of
the district court in the case entitled IN THE MATTER OF THE LIQUIDATION OF
HORIZON HEALTH PLAN, INC., Case No. 99-C-1802: Provided further, That the grant
to Horizon Health Plan, Inc., shall not constitute the assumption by the state of Kansas of
any liability or responsibility for the liabilities, activities or operations of Horizon Health
Plan, Inc., or any other claims or possible causes of action against Horizon Health Plan,
Inc., whatsoever.
(h) On July 1, 2000, the expenditure limitation established by section 33(b) of 2000 House
Substitute for Senate Bill No. 326 on the HCBS programs fund is hereby increased from
$800,000 to $6,000,000.
(i) On July 1, 2000, the expenditure limitation established by section 33(b) of 2000 House
Substitute for Senate Bill No. 326 on the social welfare fund is hereby increased from
$54,753,127 to $55,353,127.
(j) In addition to the other purposes for which expenditures may be made by the
department of social and rehabilitation services from the moneys appropriated from the
state general fund or from any special revenue fund for fiscal year 2001 as authorized by
this or other appropriation act of the 2000 regular session of the legislature, expenditures
shall be made by the department of social and rehabilitation services from the moneys
appropriated from the state general fund or from any special revenue fund for fiscal year
2001 to initiate one or more pilot programs for crisis stabilization of mentally ill individuals.
(k) On the effective date of this act, of the $1,800,000 appropriated for the above agency
for the fiscal year ending June 30, 2001, by section 33(a) of 2000 House Substitute for
Senate Bill No. 326 from the state general fund in the children's mental health initiative
account, the sum of $800,000 is hereby lapsed.
(l) In addition to the other purposes for which expenditures may be made by the
department of social and rehabilitation services from the moneys appropriated from the
state general fund or from any special revenue fund for fiscal year 2001 as authorized by
this or other appropriation act of the 2000 regular session of the legislature, expenditures
shall be made by the department of social and rehabilitation services from the moneys
appropriated from the state general fund or from any special revenue fund for fiscal year
2001 to adopt and to implement policies and procedures requiring that of the moneys
appropriated in the social welfare fund for fiscal year 2001, the amount of $600,000 shall
be used exclusively for matching federal medicaid program funds for clients with mental
illness in order to maximize all funding sources available to community mental health centers
for the provision of services for clients with mental illness: Provided, That the secretary of
social and rehabilitation services shall prepare and submit a report to the legislature at the
beginning of the regular session in 2001 setting forth the number of individuals served with
such $600,000 and the amount of enhanced funding generated by the expenditure of such
$600,000: Provided further, That the secretary of social and rehabilitation services shall
continue the current homeless mentally ill services from within existing agency resources,
which may include the additional federal leveraged funds.
(m) In addition to the other purposes for which expenditures may be made by the
department of social and rehabilitation services from any moneys appropriated from the
state general fund or any special revenue fund for the fiscal year 2001, as authorized by this
or other appropriation act of the 2000 regular session of the legislature, expenditures shall
be made by the department of social and rehabilitation services from any such moneys
appropriated for fiscal year 2001 for the receipt, crediting and disbursement of moneys
received by the department of social and rehabilitation services for payments of support
pursuant to a rule or administrative order issued by the Kansas supreme court, which is
hereby authorized to be issued by the Kansas supreme court, directing payments of support,
which are made pursuant to any court order entered in this state regardless of the date of
the order, to be made to a central unit for the collection and disbursement of support
payments, notwithstanding the provisions of any statute to the contrary.
(n) (1) In addition to the other purposes for which expenditures may be made by the
department of social and rehabilitation services from the youth services aid and assistance
account of the state general fund for the fiscal year ending June 30, 2000, and June 30,
2001, by this or other appropriation act of the 2000 regular session of the legislature,
expenditures shall be made from the youth services aid and assistance account of the state
general fund for fiscal years 2000 and 2001 for the secretary of social and rehabilitation
services (SRS) to provide assistance to contractors by accelerating contractual payments
which are owed or will be owed by the department of social and rehabilitation services
under the terms of fiscal year 2000 contracts: Provided, That the secretary of social and
rehabilitation services shall work with each contractor to assure that such accelerated
payments are used to pay any existing delinquent accounts contractors have with the
subcontractors as a priority: Provided further, That the secretary of social and rehabilitation
services shall assure that payments by the department of social and rehabilitation services
to such contractors for foster care and adoption contractors are paid in the time period
prescribed by subsection (b) of K.S.A. 75- 6403, and amendments thereto, to facilitate steady
cash flow for the contractors and their ability to maintain timely payments to their
subcontractors: And provided further, That the department of social and rehabilitation
services shall maintain regular monitoring of their contractors' business activities, including
but not limited to, the status of their payments to their subcontractors which are to be a
priority: And provided further, That should any SRS contractor regularly fail to maintain
timely reimbursement to their subcontractors, the department of social and rehabilitation
services shall require the development of a corrective action plan by such contractor: And
provided further, That continued failure by an SRS contractor to make timely payments to
subcontractors after the implementation of a corrective action plan may be the basis for the
department of social and rehabilitation services seeking new bids for that contractor's area
of responsibility.
(2) As used in this subsection:
(A) ``Subcontractor'' means a qualified entity providing adoption or foster care services
pursuant to a contract with a contractor.
(B) ``Contractor'' means an entity providing adoption or foster care service pursuant to a
contract with the department of social and rehabilitation services.
(o) On July 1, 2000, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer $39,205 from the flexible spending fund of the department of
administration to the flexible spending fund--nursing facilities quality enhancement wage
pass- through pursuant to 1999 Senate Bill No.126 (K.S.A. 1999 Supp. 39-971) of the
department of social and rehabilitation services: Provided, That no transfer shall be made
under this subsection except upon approval of the state finance council acting on this matter
which 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 and
acting on this matter after receiving the certification of the director of the budget that
sufficient moneys are available in the flexible spending fund pursuant to the
intergovernmental transfer program.
(p) During the fiscal year ending June 30, 2001, no expenditures shall be made by the
department of social and rehabilitation services from the moneys appropriated in the state
medicaid match fund--SRS except upon approval of the state finance council acting on this
matter which 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 and
acting on this matter after receiving the certification of the director of the budget that
sufficient moneys are available in the state medicaid match fund--SRS pursuant to the
intergovernmental transfer program: Provided, That the state finance council may authorize
the department of social and rehabilitation services to make expenditures from the state
medicaid match fund--SRS for the HCBS/MR waiver program and for the HCBS/PD
waiver program: Provided, however, That (1) expenditures from the state medicaid match
fund--SRS for the HCBS/MR waiver program shall not exceed $15,300,000, and (2)
expenditures from the state medicaid match fund--SRS for the HCBS/PD waiver program
shall not exceed $800,000.
(q) On July 1, 2000, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer $2,600,000 from the flexible spending fund of the department of
administration to the flexible spending fund--HCBS/PD waiver of the department of social
and rehabilitation services: Provided, That no transfer shall be made under this subsection
except upon approval of the state finance council acting on this matter which 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 and acting on this matter
after receiving the certification of the director of the budget that sufficient moneys are not
available in the flexible spending fund pursuant to the intergovernmental transfer program.
(r) In addition to the other purposes for which expenditures may be made from the
children's initiatives fund for fiscal year 2001, expenditures may be made by the above
agency from the children's initiatives fund for fiscal year 2001 for the following specified
purposes subject to the expenditure limitations prescribed therefor:
| Children's initiatives fund--children's mental health waiver | $1,800,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--children's mental health waiver account
shall be in addition to any expenditure limitation imposed on the children's initiatives fund
for fiscal year 2001.
| Children's initiatives fund--family centered system of care | $5,000,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--family centered system of care account
shall be in addition to any expenditure limitation imposed on the children's initiatives fund
for fiscal year 2001.
| Children's initiatives fund--therapeutic preschool | $1,000,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--therapeutic preschool account shall be
in addition to any expenditure limitation imposed on the children's initiatives fund for fiscal
year 2001: Provided, however, That the secretary of social and rehabilitation services shall
adopt and implement policies and procedures requiring community mental health centers
to aggressively use the medicaid program for preschool clients of the program in order to
maximize all funding sources available to community mental health centers for the provision
of services for preschoolclients.
| Children's initiatives fund--child care | $1,400,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--child care account shall be in addition
to any expenditure limitation imposed on the children's initiatives fund for fiscal year 2001.
| Children's initiatives fund--community services for child welfare | $2,600,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--community services for child welfare
account shall be in addition to any expenditure limitation imposed on the children's
initiatives fund for fiscal year 2001.
| Children's initiatives fund--HealthWave | $1,000,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund --HealthWave account shall be in
addition to any expenditure limitation imposed on the children's initiatives fund for fiscal
year 2001.
| Children's initiatives fund--children's cabinet early childhooddiscretionary grant program | $2,750,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--children's cabinet early childhood
discretionary grant program account shall be in addition to any expenditure limitation
imposed on the children's initiatives fund for fiscal year 2001: Provided further, That the
Kansas children's cabinet shall develop and administer a discretionary competitive grant
program designed to fund innovative, research-driven, outcomes-based early childhood
focused prevention initiatives: And provided further, That the cabinet shall adopt criteria
for awarding, monitoring and evaluating the grants which may include elements of such
models as the cabinet may determine appropriate but any such models must be compatible
with the ``Communities That Care Model'': Provided, however, That such grants shall be
managed by the office of prevention administration within the department of social and
rehabilitation services: And provided further, That grant funds may not be used to supplant
any grantee's existing fund: And provided further, That the cabinet shall fund only those
programs, services and/or initiatives which they specifically find comply with the criteria set
forth in subsection (a) of K.S.A. 1999 Supp. 38-2,102 and amendments thereto.
| Children's initiatives fund--children's cabinet accountability fund | $250,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--children's cabinet accountability fund
account shall
be in addition to any expenditure limitation imposed on the children's initiatives fund for
fiscal year 2001.
(s) (1) On July 1, 2000, the director of accounts and reports shall transfer all moneys
credited as of June 30, 2000, in the Kansas endowment for youth fund--children's mental
health waiver account of the Kansas endowment for youth fund to the children's initiatives
fund--children's mental health waiver account in the children's initiatives fund established
by subsection (s). On July 1, 2000, and after such transfer, (A) all encumbrances and other
liabilities of the Kansas endowment for youth fund--children's mental health waiver account
of the Kansas endowment for youth fund are hereby transferred to and imposed upon the
children's initiatives fund--children's mental health waiver account in the children's
initiatives fund established pursuant to subsection (s), (B) the Kansas endowment for youth
fund--children's mental health waiver account of the above agency in the Kansas
endowment for youth fund is hereby abolished, and (C) any appropriation of moneys in the
Kansas endowment for youth fund--children's mental health waiver account of the Kansas
endowment for youth fund for the above agency for the fiscal year ending June 30, 2001,
by any provision of chapter 132 or chapter 160 of the 1999 Session Laws of Kansas or this
or other appropriation act of the 2000 regular session of the legislature, is hereby lapsed.
(2) On July 1, 2000, the director of accounts and reports shall transfer all moneys credited
as of June 30, 2000, in the Kansas endowment for youth fund--family centered system of
care account of the Kansas endowment for youth fund to the children's initiatives fund--
family centered system of care account in the children's initiatives fund established by
subsection (s). On July 1, 2000, and after such transfer, (A) all encumbrances and other
liabilities of the Kansas endowment for youth fund--family centered system of care account
of the Kansas endowment for youth fund are hereby transferred to and imposed upon the
children's initiatives fund--family centered system of care account in the children's
initiatives fund established pursuant to subsection (s), (B) the Kansas endowment for youth
fund--family centered system of care account of the above agency in the Kansas endowment
for youth fund is hereby abolished, and (C) any appropriation of moneys in the Kansas
endowment for youth fund--family centered system of care account of the Kansas
endowment for youth fund for the above agency for the fiscal year ending June 30, 2001,
by any provision of chapter 132 or chapter 160 of the 1999 Session Laws of Kansas or this
or other appropriation act of the 2000 regular session of the legislature, is hereby lapsed.
(3) On July 1, 2000, the director of accounts and reports shall transfer all moneys credited
as of June 30, 2000, in the Kansas endowment for youth fund--CDDO rate reimbursement
account of the Kansas endowment for youth fund to the children's initiatives fund--
children's mental health waiver account in the children's initiatives fund established by
subsection (s). On July 1, 2000, and after such transfer, (A) all encumbrances and other
liabilities of the Kansas endowment for youth fund--CDDO rate reimbursement account
of the Kansas endowment for youth fund are hereby transferred to and imposed upon the
children's initiatives fund--children's mental health waiver account in the children's
initiatives fund established pursuant to subsection (s), (B) the Kansas endowment for youth
fund--CDDO rate reimbursement account of the above agency in the Kansas endowment
for youth fund is hereby abolished, and (C) any appropriation of moneys in the Kansas
endowment for youth fund--CDDO rate reimbursement account of the Kansas endowment
for youth fund for the above agency for the fiscal year ending June 30, 2001, by any provision
of chapter 132 or chapter 160 of the 1999 Session Laws of Kansas or this or other
appropriation act of the 2000 regular session of the legislature, is hereby lapsed.
(4) On July 1, 2000, the director of accounts and reports shall transfer all moneys credited
as of June 30, 2000, in the Kansas endowment for youth fund--home and community based
services for physically disabled account of the Kansas endowment for youth fund to the
children's initiatives fund--children's mental health waiver account in the children's
initiatives fund, which is established by subsection (s). On July 1, 2000, and after such
transfer, (A) all encumbrances and other liabilities of the Kansas endowment for youth
fund--home and community based services for physically disabled account of the Kansas
endowment for youth fund are hereby transferred to and imposed upon the children's
initiatives fund--children's mental health waiver account in the children's initiatives fund,
(B) the Kansas endowment for youth fund--home and community based services for
physically disabled account of the above agency in the Kansas endowment for youth fund
is hereby abolished, and (C) any appropriation of moneys in the Kansas endowment for
youth fund--home and community based services for physically disabled account of the
Kansas endowment for youth fund for the above agency for the fiscal year ending June 30,
2001, by any provision of chapter 132 or chapter 160 of the 1999 Session Laws of Kansas
or this or other appropriation act of the 2000 regular session of the legislature, is hereby
lapsed.
(5) On July 1, 2000, the director of accounts and reports shall transfer all moneys credited
as of June 30, 2000, in the Kansas endowment for youth fund--home and community based
services for mental retardation account of the Kansas endowment for youth fund to the
children's initiatives fund--children's mental health waiver account in the children's
initiatives fund established by subsection (s). On July 1, 2000, and after such transfer, (A)
all encumbrances and other liabilities of the Kansas endowment for youth fund--home and
community based services for mental retardation account of the Kansas endowment for
youth fund are hereby transferred to and imposed upon the children's initiatives fund--
children's mental health waiver account in the children's initiatives fund, (B) the Kansas
endowment for youth fund--home and community based services for mental retardation
account of the above agency in the Kansas endowment for youth fund is hereby abolished,
and (C) any appropriation of moneys in the Kansas endowment for youth fund--home and
community based services for mental retardation account of the Kansas endowment for
youth fund for the above agency for the fiscal year ending June 30, 2001, by any provision
of chapter 132 or chapter 160 of the 1999 Session Laws of Kansas or this or other
appropriation act of the 2000 regular session of the legislature, is hereby lapsed.
(6) In addition to the other purposes for which expenditures may be made from the
children's initiatives fund for fiscal year 2001 as authorized by this or other appropriation
act of the 2000 regular session of the legislature, expenditures may be made by the above
agency from the children's initiatives fund for fiscal year 2001, from the unencumbered
balance as of July 1, 2000, in each account of the children's initiatives fund that is established
by subsection (s) and into which moneys are transferred pursuant to this subsection (t) and
in each account of the children's initiatives fund that is established by this subsection (t):
Provided, That all expenditures from the unencumbered balance of any such account of the
children's initiatives fund shall not exceed the amount of the unencumbered balance in such
account on July 1, 2000: Provided further, That all expenditures from the unencumbered
balance of any such account shall be in addition to any expenditure limitation imposed on
the children's initiatives fund for fiscal year 2001.
(t) On the effective date of this act, the amounts specified in section 34(m) of 2000 Senate
Bill No. 39 as being included in the mental health and retardation services aid and assistance
and state institutions operations account of the state general fund for the following
institutions are hereby changed to the amounts specified, but expenditures from the mental
health and retardation services aid and assistance and state institutions operations account
of the state general fund for any such institution shall not be limited to, or be required to
be made in, the amount listed for the institution, as follows: (1) The amount for Kansas
neurological institute is hereby decreased from $7,640,245 to $7,633,917; (2) the amount
for Larned state hospital is hereby decreased from $11,210,786 to $11,199,279; (3) the
amount for Osawatomie state hospital is hereby decreased from $5,790,631 to $5,775,055;
(4) the amount for Parsons state hospital and training center is hereby decreased from
$5,799,369 to $5,782,829; and (5) the amount for Rainbow mental health facility is hereby
decreased from $719,111 to $705,996.
(u) On the effective date of this act, the expenditure limitation established by section
55(b) of chapter 132 of the 1999 Session Laws of Kansas on the Osawatomie state hospital
fee fund is hereby decreased from $1,943,508 to $1,927,933.
(v) On the effective date of this act, the expenditure limitation established by section
55(b) of chapter 132 of the 1999 Session Laws of Kansas on the Parsons state hospital and
training center fee fund is hereby decreased from $793,081 to $777,682.
(w) On July 1, 2000, of the $8,517,075 appropriated for the above agency for the fiscal
year ending June 30, 2001, by section 33(a) of 2000 House Substitute for Senate Bill No.
326 from the state general fund in the Kansas neurological institute--operating expenditures
account, the sum of $24,487 is hereby lapsed.
(x) On July 1, 2000, of the $1,333,972 appropriated for the above agency for the fiscal
year ending June 30, 2001, by section 33(a) of 2000 House Substitute for Senate Bill No.
326 from the state general fund in the Rainbow mental health facility--operating
expenditures account, the sum of $12,733 is hereby lapsed.
(y) On July 1, 2000, the expenditure limitation established by section 33(b) of 2000 House
Substitute for Senate Bill No. 326 on the Larned state hospital fee fund is hereby decreased
from $3,293,118 to $3,224,006.
(z) On July 1, 2000, the expenditure limitation established by section 33(b) of 2000 House
Substitute for Senate Bill No. 326 on the Osawatomie state hospital fee fund is hereby
decreased from $5,635,313 to $5,534,639.
(aa) On July 1, 2000, the expenditure limitation established by section 33(b) of 2000 House
Substitute for Senate Bill No. 326 on the Parsons state hospital and training center fee fund
is hereby decreased from $779,407 to $734,771.
(bb) On the effective date of this act, or as soon thereafter as any moneys are credited to
the long-term care loan and grant fund, the director of accounts and reports shall transfer
amounts which equal in the aggregate $1,000,000 from the long-term care loan and grant
fund of the department on aging to the grant to Horizon health plan fund of the department
of social and rehabilitation services: Provided, That the first $1,000,000 that is credited to
the long-term care loan and grant fund under the intergovernmental transfer program shall
be transferred from the long-term care loan and grant fund of the department on aging to
the grant to Horizon health plan fund of the department of social and rehabilitation services
in accordance with this subsection.
(cc) In the event that the department of social and rehabilitation services issues a request
for proposal for the title XXI program children's health insurance program, the secretary
shall consider the following factors in developing the request for proposal: (1) The
combination of title XIX and title XXI programs as such programs relate to children, and
(2) the inclusion of all marketing and outreach efforts relating to the children's health
insurance program: Provided, That the department of social and rehabilitation services shall
consider all options to initiate a medicaid managed care program in Sedgwick county:
Provided further, That the department of social and rehabilitation services shall work in
support with the Kansas business health partnership.
Sec. 21.
DEPARTMENT ON AGING
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Administration
| For the fiscal year ending June 30, 2000 | $246,392 |
| For the fiscal year ending June 30, 2001 | $57,593 |
Long-term care
| For the fiscal year ending June 30, 2000 | $3,440,000 |
Program grants
| For the fiscal year ending June 30, 2001 | $126,500 |
Provided, That all expenditures from the program grants account for retired senior volunteer
program (RSVP) grant awards shall give first priority to volunteers for the nutrition programs
and other area agencies on aging programs: Provided further, That the secretary of aging
shall report back to the legislature at the beginning of the regular session in 2001 about the
different methods of providing food service for the elderly with recommendations to
eliminate duplication of services in the nutrition programs when appropriate: And provided
further, That the secretary of aging is hereby authorized to expend all federal funds available
for nutrition and other food service programs for the elderly: And provided further, That,
if the state and federal funds available for nutrition and other food service programs for the
elderly are estimated to be insufficient to meet the needs for such programs during fiscal
year 2001, the secretary of aging shall prepare and submit a budget request to the governor
and to the legislature for an emergency supplemental appropriation for fiscal year 2001 for
nutrition and other food service programs for the elderly.
(b) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year or years specified, all moneys now or hereafter lawfully credited
to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:
Flexible spending fund--nursing facilities quality enhancement wage pass-through pursuant
to 1999 Senate Bill No.126 (K.S.A. 1999 Supp. 39-971)
| For the fiscal year ending June 30, 2001 | $1,660,795 |
Provided, That no expenditures shall be made from the flexible spending fund--nursing
facilities quality enhancement wage pass-through pursuant to 1999 Senate Bill No.126
(K.S.A. 1999 Supp. 39-971) except upon approval of the state finance council acting on this
matter which 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 and
acting on this matter after receiving the certification of the director of the budget that
sufficient moneys are available in the state medicaid match fund--department on aging.
Flexible spending fund--long-term care
| For the fiscal year ending June 30, 2001 | $12,252,000 |
Provided, That no expenditures shall be made from the flexible spending fund--long-term
care except upon approval of the state finance council acting on this matter which 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 and acting on this matter
after receiving the certification of the director of the budget that sufficient moneys are
available in the state medicaid match fund--department on aging.
Long-term care loan and grant fund
| For the fiscal year ending June 30, 2000 | $0 |
| For the fiscal year ending June 30, 2001 | $11,000,000 |
Provided, That no expenditures shall be made from the long-term care loan and grant fund
pursuant to 2000 Senate Bill No. 248 for fiscal year 2000 or fiscal year 2001 except upon
approval of the state finance council acting on this matter which 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 and acting on this matter after receiving the
certification of the director of the budget that sufficient moneys are available in the fund
pursuant to the intergovernmental transfer program.
Senior services fund
| For the fiscal year ending June 30, 2000 | No limit |
| For the fiscal year ending June 30, 2001 | No limit |
Provided, That no expenditures shall be made from the senior services fund pursuant to
2000 Senate Bill No. 248 for fiscal year 2000 or fiscal year 2001 except upon approval of
the state finance council acting on this matter which 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 and acting on this matter after receiving the certification
of the director of the budget that sufficient moneys are available in the fund pursuant to
the intergovernmental transfer program.
Intergovernmental transfer fund
| For the fiscal year ending June 30, 2000 | No limit |
| For the fiscal year ending June 30, 2001 | No limit |
Intergovernmental transfer administration fund
| For the fiscal year ending June 30, 2000 | No limit |
| For the fiscal year ending June 30, 2001 | No limit |
(c) On July 1, 2000, of the $121,808,000 appropriated for the above agency for the fiscal
year ending June 30, 2001, by section 32(a) of 2000 House Substitute for Senate Bill No.
326 from the state general fund in the long term care account, the sum of $4,800,000 is
hereby lapsed.
(d) During the fiscal year ending June 30, 2000, the secretary of aging, with the approval
of the director of the budget, may transfer any part of any item of appropriation for the
fiscal year ending June 30, 2000, from the state general fund for the department on aging
to another item of appropriation for fiscal year 2000 from the state general fund for the
department on aging. The secretary of aging shall certify each such transfer to the director
of accounts and reports and shall transmit a copy of each such certification to the legislative
research department.
(e) On July 1, 2000, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer $2,637,734 from the flexible spending fund of the department of
administration to the flexible spending fund--nursing facilities quality enhancement wage
pass- through pursuant to 1999 Senate Bill No.126 (K.S.A. 1999 Supp. 39-971) of the
department on aging: Provided, That no transfer shall be made under this subsection except
upon approval of the state finance council acting on this matter which 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 and acting on this matter
after receiving the certification of the director of the budget that sufficient moneys are
available in the flexible spending fund pursuant to the intergovernmental transfer program.
(f) On July 1, 2000, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer $12,252,000 from the flexible spending fund of the department
of administration to the flexible spending fund--long term care of the department on aging:
Provided, That no transfer shall be made under this subsection except upon approval of the
state finance council acting on this matter which 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 and acting on this matter after receiving the certification
of the director of the budget that sufficient moneys are available in the flexible spending
fund pursuant to the intergovernmental transfer program.
Sec. 22.
ATTORNEY GENERAL--KANSAS BUREAU OF INVESTIGATION
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Kansas City satellite Laboratory
| For the fiscal year ending June 30, 2000 | $86,000 |
Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 2000, is hereby reappropriated for fiscal year 2001.
Operating expenditures
| For the fiscal year ending June 30, 2001 | $18,610 |
Sec. 23.
KANSAS PAROLE BOARD
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Parole from adult correctional institutions
| For the fiscal year ending June 30, 2001 | $110,024 |
(b) On July 1, 2000, the position limitation established by section 69(a) of 2000 House
Substitute for Senate Bill No. 326 for the Parole Board is hereby increased from 3.0 to 4.0.
Sec. 24.
KANSAS SENTENCING COMMISSION
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2001 | $1,084 |
Criminal justice information system
| For the fiscal year ending June 30, 2000 | $115,681 |
| For the fiscal year ending June 30, 2001 | $322,815 |
Provided, That any unencumbered balance in the criminal justice information system
account in excess of $100 as of June 30, 2000, is hereby reappropriated for fiscal year 2001.
(b) On the effective date of this act, the amount of expenditures prescribed by section
80(a) of chapter 132 of the 1999 Session Laws of Kansas to be made by the Kansas
sentencing commission for fiscal year 2000 from the reappropriated balance in the state
matching funds account of the state general fund for a payment to the Kansas highway patrol
is hereby decreased from $75,000 to $0: Provided, That, in addition to the other purposes
for which expenditures may be made by the Kansas sentencing commission from the
reappropriated balance in the state matching funds account of the state general fund for
fiscal year 2000 and within the expenditure limitation of $75,000 on expenditures from such
reappropriated balance established by section 80(a) of chapter 132 of the 1999 Session Laws
of Kansas, the Kansas sentencing commission may make expenditures from such
reappropriated balance for fiscal year 2000 for operating expenditures: Provided, however,
That expenditures from such reappropriated balance for fiscal year 2000 for operating
expenditures shall not exceed $56,706: Provided further, That, in addition to the other
purposes for which expenditures may be made by the Kansas sentencing commission from
the reappropriated balance in the state matching funds account of the state general fund
for fiscal year 2000 and within the expenditure limitation of $75,000 on expenditures from
such reappropriated balance established by section 80(a) of chapter 132 of the 1999 Session
Laws of Kansas, the Kansas sentencing commission may make expenditures from such
reappropriated balance for fiscal year 2000 for core project costs of the criminal justice
information system: And provided further, That expenditures from such reappropriated
balance for fiscal year 2000 for core project costs of the criminal justice information system
shall not exceed $18,294.
(c) In addition to the other purposes for which expenditures may be made by the Kansas
sentencing commission from moneys appropriated in the sentencing commission forfeiture
fund for fiscal year 2000 as authorized by chapter 132 or chapter 160 of the 1999 Session
Laws of Kansas, expenditures may be made by the Kansas sentencing commission for fiscal
year 2000 from the moneys appropriated in the sentencing commission forfeiture fund for
all purposes for which expenditures may be made for operating expenditures.
(d) In addition to the other purposes for which expenditures may be made by the Kansas
sentencing commission from moneys appropriated from the state general fund or any special
revenue fund for fiscal year 2001, expenditures shall be made by the Kansas sentencing
commission for fiscal year 2001 from moneys appropriated from the state general fund or
any special revenue fund for the position of project manager for the criminal justice
information system, which position is hereby created for the Kansas sentencing commission
and which shall be the project manager for the consolidated criminal justice information
system: Provided, That the project manager shall report directly to the director of the Kansas
sentencing commission on the implementation, completion, maintenance and funding of
the criminal justice information system: Provided further, That all expenditures and
revenues related and effecting the implementation, completion, and continued maintenance
of the criminal justice information system and those agencies in which those revenues and
expenditures are budgeted within, shall submit all fiscal information relating to the criminal
justice information system to the project manager thus creating a unified consolidated
criminal justice information system budget.
(e) On July 1, 2000, the position limitation established by section 69(a) of 2000 House
Substitute for Senate Bill No. 326 for the Kansas sentencing commission is hereby increased
from 9.0 to 10.0.
Sec. 25.
ADJUTANT GENERAL
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2000 | $60,000 |
| For the fiscal year ending June 30, 2001 | $5,352 |
(b) On the effective date of this act, of the $1,107,592 appropriated for the above agency
for the fiscal year ending June 30, 2000, by section 39(a) of chapter 160 of the 1999 Session
Laws of Kansas from the state general fund in the disaster relief account, the sum of $60,000
is hereby lapsed.
Sec. 26.
KANSAS HIGHWAY PATROL
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2000 | $203,400 |
| For the fiscal year ending June 30, 2001 | $15,959 |
(b) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year or years specified, all moneys now or hereafter lawfully credited
to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:
Special services fund
| For the fiscal year ending June 30, 2001 | $1,000,000 |
(c) On the effective date of this act, the director of accounts and reports shall transfer
$1,000,000 from the state highway fund of the department of transportation to the special
services fund of the Kansas highway patrol for the purpose of financing operating
expenditures of the Kansas highway patrol.
(d) On the effective date of this act, of the $25,236,627 appropriated for the above agency
for the fiscal year ending June 30, 2001, by section 56(a) of 2000 House Substitute for
Senate Bill No. 326 from the state general fund in the operating expenditures account, the
sum of $1,000,000 is hereby lapsed.
(e) On July 1, 2000, the expenditure limitation established by section 56(b) of 2000 House
Substitute for Senate Bill No. 326 on the motor carrier inspection fund is hereby increased
from $8,931,251 to $9,042,951.
(f) On July 1, 2000, the position limitation established by section 69(a) of 2000 House
Substitute for Senate Bill No. 326 for the Kansas highway patrol is hereby increased from
807.8 to 823.8.
Sec. 27.
STATE FIRE MARSHAL
(a) On July 1, 2000, the expenditure limitation established by section 54(a) of 2000 House
Substitute for Senate Bill No. 326 on the fire marshal fee fund is hereby increased from
$2,729,164 to $2,736,071.
Sec. 28.
CITIZENS' UTILITY RATEPAYER BOARD
(a) On July 1, 2000, the expenditure limitation established for the fiscal year ending June
30, 2001, by section 19(a) of 2000 House Substitute for Senate Bill No. 326 on the utility
regulatory fee fund is hereby increased from $470,195 to $471,003.
(b) On July 1, 2000, October 1, 2000, January 1, 2001, and April 1, 2001, or as soon after
each such date as moneys are available, and upon receipt of certification by the state
corporation commission of the amount to be transferred, the director of accounts and reports
shall transfer from the public service regulation fund of the state corporation commission
to the utility regulatory fee fund of the citizens' utility ratepayer board all moneys assessed
by the state corporation commission for the citizens' utility ratepayer board under K.S.A.
66-1502 or 66-1503 and amendments thereto and deposited in the state treasury to the
credit of the public service regulation fund.
Sec. 29.
STATE CORPORATION COMMISSION
(a) On July 1, 2000, the expenditure limitation established for the fiscal year ending June
30, 2001, by section 18(b) of 2000 House Substitute for Senate Bill No. 326 on the public
service regulation fund, the motor carrier license fees fund, and the conservation fee fund,
in the aggregate, is hereby increased from $12,169,603 to $12,201,166.
Sec. 30.
INSURANCE DEPARTMENT
(a) On the effective date of this act, the expenditure limitation established for the fiscal
year ending June 30, 2000, by section 13(a) of 2000 Senate Bill No. 39 on the insurance
department service regulation fund is hereby increased from $6,686,972 to $6,698,972.
(b) On July 1, 2000, the expenditure limitation established for the fiscal year ending June
30, 2001, by section 10(a) of 2000 House Substitute for Senate Bill No. 326 on the insurance
department service regulation fund is hereby increased from $6,943,491 to $6,951,327.
(c) On July 1, 2000, the position limitation established for the fiscal year ending June 30,
2001, by section 69(a) of 2000 House Substitute for Senate Bill No. 326 for the insurance
department is hereby decreased from 159.0 to 157.0.
(d) There is appropriated for the above agency from the following special revenue fund
for the fiscal year or years specified, all moneys now or hereafter lawfully credited to and
available in such fund, except that expenditures other than refunds authorized by law shall
not exceed the following:
Surety bond and escrow payment fund
| For the fiscal year ending June 30, 2000 | No limit |
| For the fiscal year ending June 30, 2001 | No limit |
Sec. 31.
KANSAS REAL ESTATE COMMISSION
(a) On July 1, 2000, the expenditure limitation established for the fiscal year ending June
30, 2001, by section 73(a) of 2000 House Substitute for Senate Bill No. 326 on the real
estate fee fund is hereby decreased from $685,757 to $657,427.
(b) On July 1, 2000, the position limitation established for the fiscal year ending June 30,
2001, by section 22 of chapter 132 of the 1999 Session Laws of Kansas for the Kansas real
estate commission is hereby decreased from 14.0 to 13.0.
Sec. 32.
HEALTH CARE STABILIZATION FUND BOARD OF GOVERNORS
(a) On July 1, 2000, the expenditure limitation established for the fiscal year ending June
30, 2001, by section 11(b) of 2000 House Substitute for Senate Bill No. 326 on expenditures
from the health care stabilization fund for operating expenditures is hereby increased from
$895,049 to $897,146.
Sec. 33.
STATE BANK COMMISSIONER
(a) On July 1, 2000, the expenditure limitation established for the fiscal year ending June
30, 2001, by section 72(a) of 2000 House Substitute for Senate Bill No. 326 on the bank
commissioner fee fund is hereby increased from $4,000,720 to $4,012,919.
Sec. 34.
STATE BOARD OF HEALING ARTS
(a) On July 1, 2000, the expenditure limitation established for the fiscal year ending June
30, 2001, by section 7(a) of chapter 132 of the 1999 Session Laws of Kansas on the healing
arts fee fund is hereby increased from $1,654,921 to $1,655,771: Provided, That, on June
30, 2000, if 2000 Senate Bill No. 599 is not enacted by the legislature during the 2000
regular session and signed into law by the governor, then the provisions of this subsection
(a) are hereby declared to be null and void and shall be of no force and effect.
Sec. 35.
STATE LIBRARY
(a) In addition to the other purposes for which expenditures may be made from the
children's initiatives fund for fiscal year 2001, expenditures may be made by the above
agency from the children's initiatives fund for fiscal year 2001 for the following specified
purposes subject to the expenditure limitations prescribed therefor:
| Children's initiatives fund--children's access network | $70,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--children's access network account shall
be in addition to any expenditure limitation imposed on the children's initiatives fund for
fiscal year 2001.
Sec. 36.
JUVENILE JUSTICE AUTHORITY
(a) In addition to the other purposes for which expenditures may be made from the
children's initiatives fund for fiscal year 2001, expenditures may be made by the above
agency from the children's initiatives fund for fiscal year 2001 for the following specified
purposes subject to the expenditure limitations prescribed therefor:
| Children's initiatives fund--prevention program grants | $5,000,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--prevention program grants account
shall be in addition to any expenditure limitation imposed on the children's initiatives fund
for fiscal year 2001: Provided further, That money awarded as grants from this account shall
be distributed according to the percentage distribution of a judicial district's high school
graduation failure rate, averaged over a period of three years, and be subject to the
requirement that no judicial district shall receive less than $50,000: And provided further,
That money awarded as grants from this account is not an entitlement to communities, but
a grant that must meet conditions prescribed by the above agency for appropriate outcomes.
| Children's initiatives fund--intervention and graduated sanctionscommunity grants | $2,000,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--intervention and graduated sanctions
community grants account shall be in addition to any expenditure limitation imposed on the
children's initiatives fund for fiscal year 2001.
(b) (1) On July 1, 2000, the director of accounts and reports shall transfer all moneys
credited as of June 30, 2000, in the Kansas endowment for youth fund--prevention program
grants account of the Kansas endowment for youth fund to the children's initiatives fund--
prevention program grants account in the children's initiatives fund established by
subsection (a). On July 1, 2000, and after such transfer, (A) all encumbrances and other
liabilities of the Kansas endowment for youth fund--prevention program grants account of
the Kansas endowment for youth fund are hereby transferred to and imposed upon the
children's initiatives fund--prevention program grants account in the children's initiatives
fund, (B) the Kansas endowment for youth fund--prevention program grants account of
the above agency in the Kansas endowment for youth fund is hereby abolished, and (C) any
appropriation of moneys in the Kansas endowment for youth fund--prevention program
grants account of the Kansas endowment for youth fund for the above agency for the fiscal
year ending June 30, 2001, by any provision of chapter 132 or chapter 160 of the 1999
Session Laws of Kansas or this or other appropriation act of the 2000 regular session of the
legislature, is hereby lapsed.
(2) On July 1, 2000, the director of accounts and reports shall transfer all moneys credited
as of June 30, 2000, in the Kansas endowment for youth fund--intervention and graduated
sanctions community grants account of the Kansas endowment for youth fund to the
children's initiatives fund--intervention and graduated sanctions community grants account
in the children's initiatives fund established by subsection (a). On July 1, 2000, and after
such transfer, (A) all encumbrances and other liabilities of the Kansas endowment for youth
fund--intervention and graduated sanctions community grants account of the Kansas
endowment for youth fund are hereby transferred to and imposed upon the children's
initiatives fund--intervention and graduated sanctions community grants account in the
children's initiatives fund, (B) the Kansas endowment for youth fund--intervention and
graduated sanctions community grants account of the above agency in the Kansas
endowment for youth fund is hereby abolished, and (C) any appropriation of moneys in the
Kansas endowment for youth fund--intervention and graduated sanctions community grants
account of the Kansas endowment for youth fund for the above agency for the fiscal year
ending June 30, 2001, by any provision of chapter 132 or chapter 160 of the 1999 Session
Laws of Kansas or this or other appropriation act of the 2000 regular session of the
legislature, is hereby lapsed.
(3) On July 1, 2000, the director of accounts and reports shall establish the children's
initiatives fund--community management information systems projects account in the
children's initiatives fund and shall transfer all moneys credited as of June 30, 2000, in the
Kansas endowment for youth fund--community management information systems projects
account of the Kansas endowment for youth fund to the children's initiatives fund--
community management information systems projects account in the children's initiatives
fund, which is hereby established. On July 1, 2000, and after such transfer, (A) all
encumbrances and other liabilities of the Kansas endowment for youth fund--community
management information systems projects account of the Kansas endowment for youth fund
are hereby transferred to and imposed upon the children's initiatives fund--community
management information systems projects account in the children's initiatives fund, (B) the
Kansas endowment for youth fund--community management information systems projects
account of the above agency in the Kansas endowment for youth fund is hereby abolished,
and (C) any appropriation of moneys in the Kansas endowment for youth fund--community
management information systems projects account of the Kansas endowment for youth fund
for the above agency for the fiscal year ending June 30, 2001, by any provision of chapter
132 or chapter 160 of the 1999 Session Laws of Kansas or this or other appropriation act
of the 2000 regular session of the legislature, is hereby lapsed.
(4) In addition to the other purposes for which expenditures may be made from the
children's initiatives fund for fiscal year 2001 as authorized by this or other appropriation
act of the 2000 regular session of the legislature, expenditures may be made by the above
agency from the children's initiatives fund for fiscal year 2001, from the unencumbered
balance as of July 1, 2000, in each account of the children's initiatives fund that is established
by subsection (a) and into which account moneys are transferred pursuant to this subsection
(b) and in each account of the children's initiatives fund that is established by this subsection
(b): Provided, That all expenditures from the unencumbered balance of any such account
of the children's initiatives fund shall not exceed the amount of the unencumbered balance
in such account on July 1, 2000: Provided further, That all expenditures from the
unencumbered balance of any such account shall be in addition to any expenditure limitation
imposed on the children's initiatives fund for fiscal year 2001.
(c) There is appropriated for the above agency from the state institutions building fund
for the fiscal year or years specified, for the capital improvement project or projects specified
as follows:
Construction/remodeling of juvenile correctional facilities--SIBF
| For the fiscal year ending June 30, 2001 | $4,500,000 |
Provided, That the juvenile justice authority may make expenditures from the construction/
remodeling of juvenile correctional facilities--SIBF account to renovate or replace existing
deficient space in existing facilities, specifically including space at the Larned juvenile
correctional facility and at the Topeka juvenile correctional facility, and to construct new
juvenile correctional space.
(d) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year or years specified, all moneys now or hereafter lawfully credited
to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:
Construction/remodeling of juvenile correctional facilities fund
| For the fiscal year ending June 30, 2001 | No limit |
Provided, That the juvenile justice authority may make expenditures from the construction/
remodeling of juvenile correctional facilities fund for capital improvement projects to
remodel a living unit at Beloit juvenile correctional facility, construct a new medium security
juvenile correctional facility on the Larned state hospital grounds, raze and reconstruct
medium security living units at Topeka juvenile correctional facility, and construct new
maximum security buildings at Topeka juvenile correctional facility: Provided further, That
the capital improvement project to construct a new medium security juvenile correctional
facility on the Larned state hospital grounds shall include an additional 32 beds, either in
new construction of an additional 32-bed pod, or renovation of the Meyer building on the
Larned state hospital grounds, within the approved budget for such capital improvement
project: And provided further, That the juvenile justice authority is hereby authorized to
make expenditures for fiscal year 2001 to utilize the Meyer building on the Larned state
hospital grounds for relief of overcrowding: And provided further, That the capital
improvement project to construct new maximum security buildings at Topeka juvenile
correctional facility shall include (1) a secured commons area which shall be constructed on
the east end of the campus for institutional services which shall include, but not limited to,
food and medical services, and a visitors center, and (2) on the east side of the commons
area of the campus, facilities for (A) up to 150 maximum security beds, (B) up to 60 beds
for system-wide and facility classification and diagnostic purposes, and (C) up to 15 medical
beds: And provided further, That one superintendent shall be the chief administrative officer
over all existing, renovated, or new buildings and facilities of the Topeka juvenile correctional
facility: And provided further, That the capital improvement projects to construct new
maximum security buildings at the Topeka juvenile correctional facility, construct a new
medium security juvenile correctional facility on the Larned state hospital grounds, raze and
reconstruct medium security living units at Topeka juvenile correctional facility, and
remodel a living unit at Beloit juvenile correctional facility are hereby approved for the
juvenile justice authority for the purposes of subsection (b) of K.S.A. 74-8905 and
amendments thereto and the authorization of the issuance of bonds by the Kansas
development finance authority in accordance with that statute: Provided, however, That
total expenditures from this fund for such capital improvement projects shall not exceed
$50,000,000, plus all amounts required for cost of bond issuance, cost of interest on the
bonds during the construction of the projects and required reserves for the payment of
principal and interest on the bonds: And provided further, That all moneys received from
the issuance of any such bonds shall be deposited in the state treasury to the credit of this
fund.
Construction of juvenile correctional facilities fund--VOI/TIS
| For the fiscal year ending June 30, 2001 | No limit |
Provided, That the juvenile justice authority may make expenditures from the construction
of juvenile correctional facilities fund --VOI/TIS to construct new maximum security
buildings at Topeka juvenile correctional facility: Provided, however, That expenditures from
this fund to construct new maximum security buildings at Topeka juvenile correctional
facility shall not exceed $5,500,000.
Sec. 37.
EMERGENCY MEDICAL SERVICES BOARD
(a) There is appropriated for the above agency from the following special revenue fund
for the fiscal year or years specified, all moneys now or hereafter lawfully credited to and
available in such fund or funds, except that expenditures other than refunds authorized by
law shall not exceed the following:
Rural health options grant fund
| For the fiscal year ending June 30, 2000 | No limit |
(b) In addition to the other purposes for which expenditures may be made by the above
agency from the KSIP account established in the state general fund for the above agency
under the Kansas savings incentive program pursuant to section 91 of chapter 132 of the
1999 Session Laws of Kansas for the fiscal year ending June 30, 2000, expenditures may be
made by the above agency from the KSIP account of the above agency in the state general
fund for fiscal year 2000 for operating expenditures: Provided, That expenditures for
operating expenditures from the KSIP account of the above agency in the state general fund
for fiscal year 2000 shall not exceed $34,047.
Sec. 38.
KANSAS DEPARTMENT OF AGRICULTURE
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2001 | $17,499 |
(b) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year or years specified, all moneys now or hereafter lawfully credited
to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:
Grain commodities commission services fund
| For the fiscal year ending June 30, 2001 | No limit |
Kansas agricultural remediation board fund
| For the fiscal year ending June 30, 2001 | $150,000 |
Kansas agricultural remediation fund
| For the fiscal year ending June 30, 2001 | No limit |
(c) On July 1, 2000, the expenditure limitation established by section 61(b) of 2000 House
Substitute for Senate Bill No. 326 on the feeding stuffs fee fund is hereby increased from
$491,867 to $501,875.
(d) On July 1, 2000, the expenditure limitation established by section 61(b) of 2000 House
Substitute for Senate Bill No. 326 on the fertilizer fee fund is hereby increased from
$417,688 to $427,765.
(e) On July 1, 2000, the expenditure limitation established by section 61(b) of 2000 House
Substitute for Senate Bill No. 326 on the agricultural liming materials fee fund is hereby
decreased from $40,300 to $23,044.
(f) On July 1, 2000, the expenditure limitation established by section 61(b) of 2000 House
Substitute for Senate Bill No. 326 on the warehouse fee fund is hereby increased from
$616,480 to $618,169.
(g) On July 1, 2000, the director of accounts and reports shall transfer $1,854 from the
state water plan fund of the Kansas water office to the water plan special revenue fund of
the Kansas department of agriculture.
(h) On July 1, 2000, the expenditure limitation established by section 61(b) of 2000 House
Substitute for Senate Bill No. 326 on expenditures from the water plan special revenue fund
for salaries and wages is hereby increased from $577,677 to $579,531.
(i) On July 1, 2000, the appropriation of all moneys credited to and available in the Kansas
corn commission fund for the fiscal year ending June 30, 2001, by section 61(b) of 2000
House Substitute for Senate Bill No. 326 is hereby lapsed and the Kansas corn commission
fund in the state treasury is hereby abolished.
(j) On July 1, 2000, the appropriation of all moneys credited to and available in the Kansas
grain sorghum commission fund for the fiscal year ending June 30, 2001, by section 61(b)
of 2000 House Substitute for Senate Bill No. 326 is hereby lapsed and the Kansas grain
sorghum commission fund in the state treasury is hereby abolished.
(k) On July 1, 2000, the director of accounts and reports shall transfer $426,223 from the
grain inspection fee fund of the Kansas department of agriculture to the Kansas agricultural
remediation board fund of the Kansas department of agriculture.
(l) On July 1, 2000, the position limitation established by section 69(a) of 2000 House
Substitute for Senate Bill No. 326 for the Kansas department of agriculture is hereby
decreased from 305.5 to 303.2.
(m) In addition to the other purposes for which expenditures may be made by the Kansas
department of agriculture from moneys appropriated from the state general fund or from
any special revenue fund for the fiscal year ending June 30, 2001, from which expenditures
may be made for salaries and wages, as authorized by this or other appropriation act of the
2000 regular session of the legislature, expenditures may be made by the Kansas department
of agriculture from such moneys appropriated from the state general fund or from any
special revenue fund for fiscal year 2001 for four full-time equivalent positions in the
unclassified service under the Kansas civil service act: Provided, That all such additional
full-time equivalent positions in the unclassified service under the Kansas civil service act
shall be in addition to other positions within the Kansas department of agriculture in the
unclassified service as prescribed by law and shall be established by the secretary of
agriculture within any position limitation established for the Kansas department of
agriculture on the number of full-time and regular part-time positions equated to full-time,
excluding seasonal and temporary positions, paid from appropriations for fiscal year 2001
made by this or other appropriation act of the 2000 regular session of the legislature:
Provided, however, That the authority to establish such additional positions in the
unclassified service shall not affect the classified service status of any person who is an
employee of the Kansas department of agriculture and who is in a position in the classified
service under the Kansas civil service act on June 30, 2000.
Sec. 39.
KANSAS WHEAT COMMISSION
(a) Notwithstanding the provisions of any other statute to the contrary, during the fiscal
year ending June 30, 2000, the aggregate amount of expenditures from the Kansas wheat
commission fund by the Kansas wheat commission for the new market plan for the Kansas
wheat commission shall not exceed $463,000: Provided, That all expenditures from the
Kansas wheat commission fund by the Kansas wheat commission for the new market plan
for the Kansas wheat commission shall be within the overall expenditure limitation
established for the Kansas wheat commission fund for fiscal year 2000: Provided, however,
That the expenditure limitation established by this subsection on the aggregate amount of
expenditures from the Kansas wheat commission fund by the Kansas wheat commission for
the new market plan for the Kansas wheat commission for fiscal year 2000 shall not be
increased except upon specific authorization by act of the legislature and shall not be
increased by the state finance council: Provided further, That, on and after the effective
date of this act, the provisions of subsection (b) of section 65 of 2000 Senate Bill No. 39
are hereby declared to be null and void and of no force and effect.
(b) On July 1, 2000, the appropriation of all moneys credited to and available in the
Kansas wheat commission fund for the fiscal year ending June 30, 2001, by section 64(b) of
2000 House Substitute for Senate Bill No. 326 is hereby lapsed and the Kansas wheat
commission fund in the state treasury is hereby abolished.
(c) On July 1, 2000, the appropriation of all moneys credited to and available in the wheat
research reserve fund for the fiscal year ending June 30, 2001, by section 64(b) of 2000
House Substitute for Senate Bill No. 326 is hereby lapsed and the wheat research reserve
fund in the state treasury is hereby abolished.
Sec. 40.
STATE FAIR BOARD
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, for the capital improvement project or projects specified as follows:
ADA, EPA and fire safety compliance
| For the fiscal year ending June 30, 2001 | $150,000 |
Sec. 41.
KANSAS ANIMAL HEALTH DEPARTMENT
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2001 | $3,310 |
(b) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year or years specified, all moneys now or hereafter lawfully credited
to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:
Poultry improvements fee fund
| For the fiscal year ending June 30, 2000 | No limit |
| For the fiscal year ending June 30, 2001 | No limit |
Provided, That expenditures may be made from the poultry improvements fee fund for fiscal
year 2000 and fiscal year 2001 for operating expenditures for the disease control program
of the animal health department: Provided further, That the livestock commissioner is
hereby authorized to fix, charge and collect fees for administration and regulatory activities
under the poultry disease control act during fiscal years 2000 and 2001: And provided
further, That such fees shall be fixed in order to recover all or part of the operating expenses
incurred for administration of the poultry disease control act during fiscal years 2000 and
2001.
Sec. 42.
STATE CONSERVATION COMMISSION
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2001 | $1,714 |
Sec. 43.
KANSAS WATER OFFICE
(a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 2001, the following:
Water resources operating expenditures
| For the fiscal year ending June 30, 2001 | $4,185 |
(b) On July 1, 2000, the expenditure limitation established by section 66(b) of 2000 House
Substitute for Senate Bill No. 326 on the state water plan fund is hereby increased from
$2,826,474 to $2,896,500.
(c) (1) Subject to the limitations of this section, whenever it appears that the resources
in the fiscal year ending June 30, 2001, are insufficient to meet in full the estimated
expenditures as they become due to meet duties imposed by law on the water marketing
fund of the Kansas water office as a result of increases in water rates, fees or charges imposed
by the federal government, the pooled money investment board is authorized and directed
to loan to the director of the Kansas water office sufficient funds to reimburse the water
marketing fund for increases in water rates, fees or charges imposed by the federal
government, and to allow the Kansas water office to spread such increases to consumers
over a longer period, except that no such loan shall be made unless the terms thereof have
been approved by the state finance council acting on this matter which 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. The pooled money
investment board is authorized and directed to use any moneys in the operating accounts,
investment accounts or other investments of the state of Kansas to provide the funds for
such loan. Each such loan shall bear interest at a rate equal to the interest rate being paid
on state inactive account moneys at the time of the making of such loan. Such loan shall
not be deemed to be an indebtedness or debt of the state of Kansas within the meaning of
section 6 of article 11 of the constitution of the state of Kansas.
(2) Upon certification by the pooled money investment board by the director of the Kansas
water office of the amount of each loan authorized pursuant to subsection (d)(1), the pooled
money investment board shall transfer each such amount certified by the director of the
Kansas water office from the state bank account or accounts prescribed in subsection (d)(1)
to the water marketing fund of the Kansas water office.
(3) The principal and interest of each loan authorized pursuant to subsection (d)(1) shall
be repaid in payments payable at least annually for a period of not more than five years.
(4) The aggregate outstanding balance of all loans pursuant to this subsection (c) shall
not exceed $1,000,000 at any one time.
Sec. 44.
KANSAS STATE SCHOOL FOR THE BLIND
(a) On the effective date of this act, of the $4,287,704 appropriated for the above agency
for the fiscal year ending June 30, 2000, by section 60(a) of chapter 132 of the 1999 Session
Laws of Kansas from the state general fund in the operating expenditures account, the sum
of $1,676 is hereby lapsed.
(b) On the effective date of this act, the expenditure limitation established by section
60(b) of chapter 132 of the 1999 Session Laws of Kansas on the general fees fund is hereby
increased from $9,349 to $19,349.
(c) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2001 | $16,472 |
Sec. 45.
KANSAS STATE SCHOOL FOR THE DEAF
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2001 | $4,207 |
(b) On July 1, 2000, the position limitation established by section 69(a) of 2000 House
Substitute for Senate Bill No. 326 for the Kansas state school for the deaf is hereby decreased
from 174.5 to 173.5.
Sec. 46.
STATE HISTORICAL SOCIETY
(a) There is appropriated for the above agency from the state general fund for the fiscal
year and years specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2001 | $14,072 |
(b) On the effective date of this act, of the $6,009,530 appropriated for the above agency
for the fiscal year ending June 30, 2000, by section 62(a) of chapter 132 of the 1999 Session
Laws of Kansas from the state general fund in the operating expenditures account, the sum
of $9,667 is hereby lapsed.
(c) On July 1, 2000, of the $5,769,882 appropriated for the above agency for the fiscal
year ending June 30, 2001, by section 40(a) of 2000 House Substitute for Senate Bill No.
326 from the state general fund in the operating expenditures account, the sum of $25,240
is hereby lapsed.
(d) In addition to the other purposes for which expenditures may be made by the state
historical society from moneys appropriated from the state general fund or any special
revenue fund for fiscal year 2000 or fiscal year 2001 as authorized by this or other
appropriation act of the 2000 regular session of the legislature, expenditures shall be made
by the state historical society for fiscal year 2000 and fiscal year 2001 from the moneys
appropriated from the state general fund or any special revenue fund for the following capital
improvement projects, in the following order of priority from the highest to the lowest
priority, subject to the aggregate expenditure limitations prescribed therefor:
| First territorial capitol | $71,000 |
| Hollenberg pony express station | $28,406 |
| Shawnee Indian mission | $20,000 |
| Constitution Hall | $2,200 |
| Fort Hays blockhouse | $50,000 |
| Native American heritage museum | $3,200 |
Provided, That no expenditures shall be made for any such project unless each of the capital
improvement projects that have a higher priority, as prescribed by this subsection, have
been initiated during fiscal years 2000 and 2001: Provided further, That expenditures for
any such project shall not exceed, in the aggregate during fiscal years 2000 and 2001, the
amount prescribed by this subsection for such project: And provided further, That, if
expenditures are necessary for emergency repair projects for the fiscal year 2000 or 2001,
expenditures may be made by the state historical society for the purpose of initiating and
completing such emergency repair projects at any time and notwithstanding the other
provisions of this subsection and the priorities for capital improvement projects prescribed
by this subsection for the state historical society.
(e) On July 1, 2000, the position limitation established by section 69(a) of 2000 House
Substitute for Senate Bill No. 326 for the state historical society is hereby decreased from
137.5 to 136.5.
Sec. 47.
KANSAS HUMAN RIGHTS COMMISSION
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2001 | $5,426 |
(b) In addition to the other purposes for which expenditures may be made by the Kansas
human rights commission from moneys appropriated from the state general fund or any
special revenue fund for fiscal year 2000 or fiscal year 2001 as authorized by this or other
appropriation act of the 2000 regular session of the legislature, expenditures may be made
by the Kansas human rights commission for fiscal year 2000 and fiscal year 2001 from the
moneys appropriated from the state general fund or any special revenue fund for the
operating expenditures associated with reassigning one or more positions from the
investigator I job class to the investigator II job class and from the investigator II job class
to the public service administrator II job class, if the Kansas human rights commission
determines that such action is appropriate and adequate funds are available therefor within
appropriations for the Kansas human rights commission.
Sec. 48.
DEPARTMENT OF HUMAN RESOURCES
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2001 | $3,884 |
(b) In addition to the other purposes for which expenditures may be made by the
department of human resources from moneys appropriated from any special revenue fund
for fiscal year 2000 or fiscal year 2001 as authorized by this or other appropriation act of
the 2000 regular session of the legislature, expenditures may be made by the department
of human resources for fiscal year 2000 and fiscal year 2001 from the moneys appropriated
from any special revenue fund for the expenses of the sale, exchange or other disposition
conveying title for any portion or all of the real estate of the department of human resources:
Provided, That such expenditures may be made and such sale, exchange or other disposition
conveying title for any portion or all of the real estate of the department of human resources
may be executed or otherwise effectuated only upon specific authorization by the state
finance council acting on this matter, which 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 and acting after receiving the recommendations of the joint committee
on state building construction: Provided, however, That no such sale, exchange or other
disposition conveying title for any portion of the real estate of the department of human
resources until the proposed sale, exchange or other disposition conveying title for such real
estate has been reviewed by the joint committee on state building construction: Provided
further, That the net proceeds from the sale of any of the real estate of the department of
human resources shall be deposited in the state treasury to the credit of the employment
security administration property sale fund of the department of human resources.
(c) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year or years specified, all moneys now or hereafter lawfully credited
to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:
Workforce investment act state operations fund
| For the fiscal year ending June 30, 2000 | No limit |
| For the fiscal year ending June 30, 2001 | No limit |
Workforce investment act non-state operations fund
| For the fiscal year ending June 30, 2000 | No limit |
| For the fiscal year ending June 30, 2001 | No limit |
Employment security administration property sale fund
| For the fiscal year ending June 30, 2000 | No limit |
| For the fiscal year ending June 30, 2001 | No limit |
Provided, That the secretary of human resources, in consultation with the secretary of
administration, is hereby authorized to make expenditures for fiscal year 2000 and fiscal
year 2001 from the employment security administration property sale fund to purchase or
acquire by exchange additional real estate to provide space for the job service and
unemployment insurance programs of the department of human resources, including the
initiation and completion of capital improvements on such real estate for such purposes:
Provided, however, That no expenditures shall be made from this fund for a proposed
purchase or other acquisition of additional real estate to provide space for the job service
and unemployment insurance programs of the department of human resources until such
proposed purchase or other acquisition, including the preliminary plans and program
statement for any capital improvement project that is proposed to be initiated and completed
by or for the department of human resources on such real estate for such purposes, have
been reviewed by the joint committee on state building construction.
(d) On July 1, 2000, the position limitation established by section 69(a) of 2000 House
Substitute for Senate Bill No. 326 for the department of human resources is hereby
decreased from 996.5 to 964.3.
Sec. 49.
DEPARTMENT OF REVENUE--HOMESTEAD PROPERTY TAX REFUNDS
(a) There is hereby appropriated from the state general fund for the fiscal year or years
specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2000 | $1,200,000 |
Sec. 50.
KANSAS ARTS COMMISSION
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2001 | $1,247 |
Sec. 51.
LEGISLATIVE COORDINATING COUNCIL
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Legislative coordinating council--operations
| For the fiscal year ending June 30, 2001 | $2,162 |
Legislative research department--operations
| For the fiscal year ending June 30, 2001 | $8,223 |
Office of the revisor of statutes--operations
| For the fiscal year ending June 30, 2001 | $5,300 |
Sec. 52.
DIVISION OF POST AUDIT
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operations (including legislative post audit committee)
| For the fiscal year ending June 30, 2001 | $3,890 |
Sec. 53.
LEGISLATURE
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operations (including official hospitality)
| For the fiscal year ending June 30, 2001 | $37,512 |
(b) In addition to the other purposes for which expenditures may be made by the
legislature from the operations (including official hospitality) account of the state general
fund for fiscal year 2001, expenditures shall be made by the legislature from the operations
(including official hospitality) account of the state general fund for fiscal year 2001 for an
interim study to be conducted by the SRS transition oversight committee to study and
develop priorities for services to be provided under the home and community based services
(HCBS) waiver programs of the department of social and rehabilitation services and the
department on aging and such other matters as may be specified by the legislative
coordinating council.
Sec. 54.
GOVERNOR'S DEPARTMENT
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Governor's department
| For the fiscal year ending June 30, 2001 | $910 |
Sec. 55.
UNIVERSITY OF KANSAS
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures (including official hospitality)
| For the fiscal year ending June 30, 2001 | $33,986 |
Geological survey
| For the fiscal year ending June 30, 2001 | $2,764 |
(b) In addition to the other purposes for which expenditures may be made by the
university of Kansas from the restricted fees fund for fiscal year 2000, as authorized by
chapter 132 or 160 of the 1999 Session Laws of Kansas or by this or other appropriation
act of the 2000 regular session of the legislature, expenditures may be made by the university
of Kansas from the appropriate account or accounts of the restricted fees fund during fiscal
year 2000 for the following capital improvement project or projects, subject to the
expenditure limitations prescribed therefor:
| Renovate Strong hall west wing | No limit |
(c) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year or years specified, all moneys now or hereafter lawfully credited
to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:
Construct student recreation center--special revenue fund
| For the fiscal year ending June 30, 2001 | No limit |
Provided, That the university of Kansas may make expenditures from the construct student
recreation center--special revenue fund for the capital improvement project to construct a
new student recreation center in addition to the expenditure of other moneys appropriated
therefor: Provided, however, That expenditures from this fund for such capital improvement
project shall not exceed $17,000,000 plus all amounts required for costs of any bond
issuance, costs of interest on any bond issued or obtained for such capital improvement
project and any required reserves for payment of principal and interest on any bond:
Provided further, That such capital improvement project is hereby approved for the
university of Kansas for the purposes of subsection (b) of K.S.A. 75-8905 and amendments
thereto and the authorization of the issuance of bonds by the Kansas development finance
authority in accordance with that statute: And provided further, That all moneys received
from the issuance of any such bonds shall be deposited in the state treasury to the credit of
this fund.
Geological survey cost fund
| For the fiscal year ending June 30, 2001 | No limit |
Sec. 56.
KANSAS STATE UNIVERSITY
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures (including official hospitality)
| For the fiscal year ending June 30, 2001 | $95,819 |
Sec. 57.
KANSAS STATE UNIVERSITY EXTENSION SYSTEMS AND
AGRICULTURE RESEARCH PROGRAMS
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures (including official hospitality)
| For the fiscal year ending June 30, 2001 | $62,063 |
Cooperative extension service (including official hospitality)
| For the fiscal year ending June 30, 2001 | $113,996 |
Agricultural experiment stations (including official hospitality)
| For the fiscal year ending June 30, 2001 | $18,431 |
Sec. 58.
KANSAS STATE UNIVERSITY VETERINARY MEDICAL CENTER
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures (including official hospitality)
| For the fiscal year ending June 30, 2001 | $12,854 |
Sec. 59.
WICHITA STATE UNIVERSITY
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures (including official hospitality)
| For the fiscal year ending June 30, 2001 | $50,967 |
Sec. 60.
DEPARTMENT OF EDUCATION
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures (including official hospitality)
| For the fiscal year ending June 30, 2001 | $212,444 |
School district juvenile detention facilities and Flint Hills job corps center grants
| For the fiscal year ending June 30, 2001 | $870,931 |
KPERS--employer contributions
| For the fiscal year ending June 30, 2001 | $3,924,071 |
Provided, That, as a condition of such grant, the Kansas cultural heritage and arts center
shall develop a plan exploring the feasibility of affiliating with a state agency that has as its
mission historical preservation and research and shall present such plan to the legislature
at the beginning of the 2001 regular session.
Mentor teacher program grants
| For the fiscal year ending June 30, 2001 | $1,000,000 |
Provided, That expenditures shall be made from the mentor teacher program grants account
of the state department of education for payment of stipends to mentor teachers in
accordance with the provisions of 2000 Senate Bill No. 432.
Environmental education program
| For the fiscal year ending June 30, 2001 | $30,000 |
Governor's teaching excellence awards
| For the fiscal year ending June 30, 2001 | $5,000 |
Any unencumbered balance in excess of $100 as of June 30, 2000, in each of the following
accounts is hereby reappropriated for FY 2001: Supplemental general state aid.
(b) On July 1, 2000, of the $1,813,086,000 appropriated for the above agency for the
fiscal year ending June 30, 2001, by section 35(a) of 2000 House Substitute for Senate Bill
No. 326 from the state general fund in the general state aid account, the sum of $12,746,896
is hereby lapsed.
(c) On July 1, 2000, of the $81,779,000 appropriated for the above agency for the fiscal
year ending June 30, 2001, by section 35 (a) of 2000 House Substitute for Senate Bill No.
326 from the state general fund in the supplemental general state aid account, the sum of
$4,052,365 is hereby lapsed.
(d) On July 1, 2000, of the $59,000 appropriated for the above agency for the fiscal year
ending June 30, 2001, by section 35(a) of 2000 House Substitute for Senate Bill No. 326
from the state general fund in the governor's teaching excellence scholarships account, the
sum of $5,000 is hereby lapsed.
(e) On July 1, 2000, the expenditure limitation established by section 35(a) of 2000 House
Substitute for Senate Bill No. 326 on expenditures from the reappropriated balance in the
KPERS--employer contributions account of the state general fund is hereby increased from
$504,371 to $2,092,433.
(f) Any unencumbered balance in the general state aid account of the state general fund
of the department of education in excess of $100 as of June 30, 2000, is hereby
reappropriated in the general state aid account of the state general fund of the department
of education for fiscal year 2001: Provided, That the amount reappropriated from such
unencumbered balance shall not exceed $13,841,896 and any additional remaining amount
in such unencumbered balance for general state aid shall not be reappropriated and is hereby
lapsed: Provided, however, That expenditures from such reappropriated balance shall not
exceed $11,841,896 except upon approval of the state finance council: Provided, further,
That any portion of the amount of such reappropriated balance in excess of $11,841,896
shall be transferred to the inservice education aid account of the state general fund of the
department of education to be used to fund approved inservice education programs as
authorized by K.S.A. 72-9601 et seq., and amendments thereto: And provided further, That
the amount transferred to the inservice education aid account from such unencumbered
balance under this subsection (f)(2) shall not exceed $2,000,000.
(g) (1) On the effective date of this act, the appropriation of all moneys credited to and
available in the flexible spending fund--general state aid of the above agency for the fiscal
year ending June 30, 2001, by section 35(a) of 2000 House Substitute for Senate Bill No.
326 is hereby lapsed.
(2) The director of accounts and reports shall not make the transfer on July 1, 2000, or
as soon thereafter as moneys are available, of $7,761,000 from the flexible spending fund
of the department of administration to the flexible spending fund--general state aid of the
department of education pursuant to section 35(e) of 2000 House Substitute for Senate Bill
No. 326 and the provisions of section 35(e) of 2000 House Substitute for Senate Bill No.
326 are hereby declared to be void and of no force and effect.
(h) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year or years specified, all moneys now or hereafter lawfully credited
to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:
Grant for Kansas cultural heritage center fund
| For the fiscal year ending June 30, 2001 | $100,000 |
Economic development initiatives fund
| For the fiscal year ending June 30, 2001 | $50,000 |
Provided, That no expenditures shall be made from the economic development initiatives
fund of the department of education other than for purposes specifically authorized by this
or other appropriation act: Provided, however, That expenditures may be made by the
department of education for fiscal year 2001 from the economic development initiatives
fund for the following purposes, subject to the expenditure limitation prescribed therefor:
| Challenger project | $50,000 |
(i) On July 1, 2000, or as soon after such date as moneys are available, the director of
accounts and reports shall transfer $50,000 from the Kansas economic development
endowment account of the state economic development initiatives fund of the department
of commerce and housing to the economic development initiatives fund of the department
of education.
(j) In addition to the other purposes for which expenditures may be made from the
children's initiatives fund for fiscal year 2001, expenditures may be made by the above
agency from the children's initiatives fund for fiscal year 2001 for the following specified
purposes subject to the expenditure limitations prescribed therefor:
| Children's initiatives fund--grant to the Kansas optometric associationfor vision study | $250,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--grant to the Kansas optometric
association for vision study account shall be in addition to any expenditure limitation
imposed on the children's initiatives fund for fiscal year 2001: Provided further, That all
expenditures from the children's initiatives fund--grant to the Kansas optometric association
for vision study account shall be for a grant to the Kansas optometric association to conduct
a pilot study of vision problems known as convergence insufficiency and convergence excess,
accommodative insufficiency, and ocular motor dysfunction and their relationship to
academic performance and special education referral for students in early elementary
grades: And provided further, That the Kansas optometric association shall make a progress
report to the legislature during the 2001 regular session and a final report to the legislative
budget committee and governor on or before September 1, 2001.
| Children's initiatives fund--parent education program | $1,500,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--parent education program account
shall be in addition to any expenditure limitation imposed on the children's initiatives fund
for fiscal year 2001: Provided, however, That all expenditures from the children's initiatives
fund--parent education program account for each grant under the parent education
program shall be matched by the school district in an amount which is equal to not less than
65% of the grant.
| Children's initiatives fund--general state aid four-year-old at-risk | $1,000,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--general state aid four-year-old at-risk
account shall be in addition to any expenditure limitation imposed on the children's
initiatives fund for fiscal year 2001.
| Children's initiatives fund--school violence prevention | $500,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--school violence prevention account
shall be in addition to any expenditure limitation imposed on the children's initiatives fund
for fiscal year 2001.
(k) (1) On July 1, 2000, the director of accounts and reports shall transfer all moneys
credited as of June 30, 2000, in the Kansas endowment for youth fund--parent education
program account of the Kansas endowment for youth fund to the children's initiatives fund--
parent education program account in the children's initiatives fund established by subsection
(j). On July 1, 2000, and after such transfer, (A) all encumbrances and other liabilities of
the Kansas endowment for youth fund--parent education program account of the Kansas
endowment for youth fund are hereby transferred to and imposed upon the children's
initiatives fund--parent education program account in the children's initiatives fund, (B)
the Kansas endowment for youth fund--parent education program account of the above
agency in the Kansas endowment for youth fund is hereby abolished, and (C) any
appropriation of moneys in the Kansas endowment for youth fund--parent education
program account of the Kansas endowment for youth fund for the above agency for the
fiscal year ending June 30, 2001, by any provision of chapter 132 or chapter 160 of the 1999
Session Laws of Kansas or this or other appropriation act of the 2000 regular session of the
legislature, is hereby lapsed.
| Children's initiatives fund--communities in schools program fund | $125,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--communities in schools program fund
account shall be in addition to any expenditure limitation imposed on the children's
initiatives fund for fiscal year 2001.
| Children's initiatives fund--mentoring program grants | $500,000 |
Provided, That expenditures shall be made by the department of education from the
mentoring program grants account for grants to school districts to provide for mentoring
programs in reading, mathematics and language arts: Provided further, That receipt of a
mentoring program grant shall be conditioned upon the school district providing the
legislature by the end of the 2001 session with longitudinal data as the state department of
education requires, including special education enrollment as a percentage of district-wide
enrollment for at least five years prior to the implementation of a mentoring program grant,
and the effect, if any, of implementation of the program on the percentage of special
education enrollment to district-wide enrollment.
(2) On July 1, 2000, the director of accounts and shall transfer all moneys credited as of
June 30, 2000, in the Kansas endowment for youth fund--national geographic society
education foundation endowment account of the Kansas endowment for youth fund to the
children's initiatives fund--national geographic society education foundation endowment
account in the children's initiatives fund, which is hereby established. On July 1, 2000, and
after such transfer, (A) all encumbrances and other liabilities of the Kansas endowment for
youth fund--national geographic society education foundation endowment account of the
Kansas endowment for youth fund are hereby transferred to and imposed upon the
children's initiatives fund--national geographic society education foundation endowment
account in the children's initiatives fund, (B) the Kansas endowment for youth fund--
national geographic society education foundation endowment account of the above agency
in the Kansas endowment for youth fund is hereby abolished, and (C) any appropriation of
moneys in the Kansas endowment for youth fund--national geographic society education
foundation endowment account of the Kansas endowment for youth fund for the above
agency for the fiscal year ending June 30, 2001, by any provision of chapter 132 or chapter
160 of the 1999 Session Laws of Kansas or this or other appropriation act of the 2000 regular
session of the legislature, is hereby lapsed.
(3) On July 1, 2000, the director of accounts and reports shall transfer all moneys credited
as of June 30, 2000, in the Kansas endowment for youth fund--experimental wraparound
Kansas project account of the Kansas endowment for youth fund to the children's initiatives
fund--experimental wraparound Kansas project account in the children's initiatives fund,
which is hereby established. On July 1, 2000, and after such transfer, (A) all encumbrances
and other liabilities of the Kansas endowment for youth fund--experimental wraparound
Kansas project account of the Kansas endowment for youth fund are hereby transferred to
and imposed upon the children's initiatives fund--experimental wraparound Kansas project
account in the children's initiatives fund, (B) the Kansas endowment for youth fund--
experimental wraparound Kansas project account of the above agency in the Kansas
endowment for youth fund is hereby abolished, and (C) any appropriation of moneys in the
Kansas endowment for youth fund--experimental wraparound Kansas project account of
the Kansas endowment for youth fund for the above agency for the fiscal year ending June
30, 2001, by any provision of chapter 132 or chapter 160 of the 1999 Session Laws of Kansas
or this or other appropriation act of the 2000 regular session of the legislature, is hereby
lapsed.
(4) In addition to the other purposes for which expenditures may be made from the
children's initiatives fund for fiscal year 2001 as authorized by this or other appropriation
act of the 2000 regular session of the legislature, expenditures may be made by the above
agency from the children's initiatives fund for fiscal year 2001, from the unencumbered
balance as of July 1, 2000, in each account of the children's initiatives fund that is established
by subsection (j) and into which moneys are transferred pursuant to this subsection (k) and
in each account of the children's initiatives fund that is established by this subsection (k):
Provided, That all expenditures from the unencumbered balance of any such account of the
children's initiatives fund shall not exceed the amount of the unencumbered balance in such
account on July 1, 2000: Provided further, That all expenditures from the unencumbered
balance of any such account shall be in addition to any expenditure limitation imposed on
the children's initiatives fund for fiscal year 2001.
(l) On July 1, 2000, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer $100,000 from the state highway fund of the department of
transportation to the grant for the Kansas cultural heritage center fund of the department
of education for the purpose of developing the Dodge City train depot as a historical
transportation site.
(m) In addition to the directives provided in section 35(a) of 2000 House Substitute for
Senate Bill No. 326 for expenditures from the special education services aid account of the
above agency, fully-trained reading recovery teacher leaders, selected by the agency in
accordance with established criteria, shall be considered to be special teachers as defined
in subsection (j)(1) of K.S.A. 72-962 and amendments thereto for the purpose of determining
amounts of payments to be made to school districts in accordance with the provisions of
K.S.A. 72-978 and amendments thereto from the amount remaining in the special education
services aid account after deduction of expenditures made in accordance with the provisions
of K.S.A. 1999 Supp. 72-893 and amendments thereto: Provided, however, That
expenditures for fully-trained reading recovery teacher leaders considered to be special
teachers shall not exceed $160,000: Provided, That consideration of reading recovery teacher
leaders as special teachers for determination of the amount of the special education services
aid of a school district shall be conditioned upon the school district providing the legislature
by the end of the 2001 session with longitudinal data as the state department of education
requires, including special education enrollment as a percentage of district-wide enrollment
for at least five years prior to implementation of a reading recovery program and the effect,
if any, of implementation of the program on the percentage of special education enrollment
to district-wide enrollment.
Sec. 61.
JUDICIAL BRANCH
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Judiciary operations
| For the fiscal year ending June 30, 2001 | $155,551 |
(b) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year or years specified all moneys now or hereafter lawfully credited
to and available in such fund or funds, except that expenditures other than refunds
authorized by law and transfers to other state agencies shall not exceed the following:
Judicial branch nonjudicial salary initiative fund
| For the fiscal year ending June 30, 2001 | $3,900,000 |
Sec. 62.
ATTORNEY GENERAL
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2001 | $9,313 |
(b) In addition to the other purposes for which expenditures may be made by the attorney
general from the moneys received pursuant to K.S.A. 23-128a, and amendments thereto,
and credited to the crime victims assistance fund and appropriated in the crime victims
assistance fund for fiscal year 2001, as authorized by this or other appropriation act of the
2000 regular session of the legislature, expenditures shall be made by the attorney general
from such moneys appropriated in the crime victims assistance fund for fiscal year 2001 and
which are not needed for use as matching funds for meeting any federal requirement for
the purposes of establishing child exchange and visitation centers pursuant to K.S.A. 1999
Supp. 75-720 and amendments thereto, for salary and wages and other operating
expenditures for the statewide DARE (Drug Abuse Resistance Education) coordinator and
staff provided for in K.S.A. 1999 Supp. 75-721 and amendments thereto: Provided, That
such expenditures for salaries and wages and other operating expenditures for the statewide
DARE (Drug Abuse Resistance Education) coordinator and staff provided for in K.S.A.
1999 Supp. 75-721 and amendments thereto shall not exceed $159,956: Provided further,
That such expenditures may include expenditures for official hospitality for training session:
And provided further, That the attorney general shall report to the 2001 legislature on
available research that documents the effectiveness of the DARE program nationwide and
on efforts to develop data on the effectiveness of the DARE program that is specific to
Kansas.
(c) On July 1, 2000, the director of accounts and reports shall transfer all moneys credited
as of June 30, 2000, in the Kansas endowment for youth fund--DARE (Drug Abuse
Resistance Education) coordinator, support staff, training and program expenditures
account of the Kansas endowment for youth fund to the children's initiatives fund. On July
1, 2000, and after such transfer, (A) all encumbrances and other liabilities of the Kansas
endowment for youth fund--DARE (Drug Abuse Resistance Education) coordinator,
support staff, training and program expenditures account of the Kansas endowment for
youth fund are hereby transferred to and imposed upon the children's initiatives fund, (B)
the Kansas endowment for youth--DARE (Drug Abuse Resistance Education) coordinator,
support staff, training and program expenditures account of the above agency in the Kansas
endowment for youth fund is hereby abolished, and (C) any appropriation of moneys in the
Kansas endowment for youth fund--DARE (Drug Abuse Resistance Education)
coordinator, support staff, training and program expenditures account of the Kansas
endowment for youth fund for the above agency for the fiscal year ending June 30, 2001,
by any provision of chapter 132 or chapter 160 of the 1999 Session Laws of Kansas or this
or other appropriation act of the 2000 regular session of the legislature, is hereby lapsed.
Sec. 63.
DEPARTMENT OF HEALTH AND ENVIRONMENT
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures (including official hospitality)
| For the fiscal year ending June 30, 2001 | $87,698 |
Provided, That any unencumbered balance in excess of $100 as of June 30, 2000, in the
salaries and wages account, any unencumbered balance in excess of $100 as of June 30,
2000, in the other operating expenditures (including official hospitality) account, any
unencumbered balance in excess of $100 as of June 30, 2000, in the salaries and wages for
swine production facility inspectors account, any unencumbered balance in excess of $100
as of June 30, 2000, in the child care licensing operating expenditures account, any
unencumbered balance in excess of $100 as of June 30, 2000, in the adult care homes
criminal record checks operating expenditures account, and any unencumbered balance in
excess of $100 as of June 30, 2000, in the operating expenditures--implementation of
Substitute for 1999 House Bill No. 2469 account are hereby reappropriated to the operating
expenditures (including official hospitality) account for fiscal year 2001.
Any unencumbered balance in excess of $100 as of June 30, 2000, in each of the following
accounts is hereby reappropriated for FY 2001: Vaccine purchases; infant and toddler
program; aid to local units; aid to local units--primary health projects; teen pregnancy
prevention activities; immunization programs.
(b) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year or years specified, all moneys now or hereafter lawfully credited
to and available in such fund or funds, except that expenditures other than refunds
authorized by law and transfers to other state agencies shall not exceed the following:
Sunflower army ammunition plant remediation trust fund
| For the fiscal year ending June 30, 2001 | No limit |
(c) On July 1, 2000, the expenditure limitation established by section 31(b) of 2000 House
Substitute for Senate Bill No. 326 on the water plan special revenue fund is hereby increased
from $4,136,452 to $4,137,270.
(d) On July 1, 2000, of the $2,492,000 appropriated for the above agency for the fiscal
year ending June 30, 2001, by section 31(a) of 2000 House Substitute for Senate Bill No.
326 from the state general fund in the infant and toddler program account, the sum of
$500,000 is hereby lapsed.
(e) On July 1, 2000, the director of accounts and reports shall transfer $818 from the
state water plan fund of the Kansas water office to the water plan special revenue fund of
the department of health and environment.
(f) In addition to the other purposes for which expenditures may be made by the
department of health and environment from the health and environment publication fee
fund for fiscal year 2001, as authorized by section 31(b) of 2000 House Substitute for Senate
Bill No. 326 or other appropriation act of the 2000 regular session of the legislature, and
notwithstanding the provisions of section 31(b) of 2000 House Substitute for Senate Bill
No. 326 or K.S.A. 75-5662 and amendments thereto to the contrary, expenditures may be
made by the department of health and environment from the health and environment
publication fee fund for fiscal year 2001 for development, publication and distribution of
brochures containing information about infection control techniques which are appropriate
for hair braiding outside the salon setting, as prescribed by section 2 of 2000 Senate Bill
No. 513: Provided, That all moneys received for fees charged and collected under section
2 of 2000 Senate Bill No. 513 shall be deposited in the state treasury to the credit of the
health and environment publication fee fund.
(g) On July 1, 2000, the position limitation established by section 69(a) of 2000 House
Substitute for Senate Bill No. 326 on the department of health and environment is hereby
decreased from 842.5 to 840.5.
(h) In addition to the other purposes for which expenditures may be made from the
children's initiatives fund for fiscal year 2001, expenditures may be made by the above
agency from the children's health care programs fund for fiscal year 2001 for the following
specified purposes subject to the expenditure limitations prescribed therefor:
| Children's initiatives fund--healthy start | $250,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--healthy start account shall be in
addition to any expenditure limitation imposed on the children's initiatives fund for fiscal
year 2001.
| Children's initiatives fund--infants and toddlers program | $500,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--infants and toddlers program account
shall be in addition to any expenditure limitation imposed on the children's initiatives fund
for fiscal year 2001.
| Children's initiatives fund--smoking prevention grants fund | $500,000 |
Provided, That expenditures shall be made from the children's initiatives fund--smoking
prevention grants fund for the purpose of matching federal funds for programs that have
proven outcomes: Provided further, That all expenditures by the above agency from the
children's initiatives fund for fiscal year 2001 from the children's initiatives fund--smoking
prevention grants fund shall be in addition to any expenditure limitation imposed on the
children's initiatives fund for fiscal year 2001.
(i) (1) On July 1, 2000, the director of accounts and reports shall transfer all moneys
credited as of June 30, 2000, in the Kansas endowment for youth fund--healthy start account
of the Kansas endowment for youth fund to the children's initiatives fund--healthy start
program account in the children's initiatives fund established by subsection (h). On July 1,
2000, and after such transfer, (A) all encumbrances and other liabilities of the Kansas
endowment for youth fund--healthy start account of the Kansas endowment for youth fund
are hereby transferred to and imposed upon the children's initiatives fund--healthy start
account in the children's initiatives fund, (B) the Kansas endowment for youth fund--
healthy start account of the above agency in the Kansas endowment for youth fund is hereby
abolished, and (C) any appropriation of moneys in the Kansas endowment for youth fund--
healthy start account of the Kansas endowment for youth fund for the above agency for the
fiscal year ending June 30, 2001, by any provision of chapter 132 or chapter 160 of the 1999
Session Laws of Kansas or this or other appropriation act of the 2000 regular session of the
legislature, is hereby lapsed.
(2) On July 1, 2000, the director of accounts and reports shall transfer all moneys credited
as of June 30, 2000, in the Kansas endowment for youth fund--infants and toddlers program
account of the Kansas endowment for youth fund to the children's initiatives fund--infants
and toddlers program account in the children's initiatives fund established by subsection
(h). On July 1, 2000, and after such transfer, (A) all encumbrances and other liabilities of
the Kansas endowment for youth fund--infants and toddlers program account of the Kansas
endowment for youth fund are hereby transferred to and imposed upon the children's
initiatives fund--infants and toddlers program account in the children's initiatives fund, (B)
the Kansas endowment for youth fund--infants and toddlers program account of the above
agency in the Kansas endowment for youth fund is hereby abolished, and (C) any
appropriation of moneys in the Kansas endowment for youth fund--infants and toddlers
program account of the Kansas endowment for youth fund for the above agency for the
fiscal year ending June 30, 2001, by any provision of chapter 132 or chapter 160 of the 1999
Session Laws of Kansas or this or other appropriation act of the 2000 regular session of the
legislature, is hereby lapsed.
(3) On July 1, 2000, the director of accounts and reports shall transfer all moneys credited
as of June 30, 2000, in the Kansas endowment for youth fund--neonatal screening account
of the Kansas endowment for youth fund to the children's initiatives fund--neonatal
screening account in the children's initiatives fund, which is hereby established. On July 1,
2000, and after such transfer, (A) all encumbrances and other liabilities of the Kansas
endowment for youth fund--neonatal screening account of the Kansas endowment for youth
fund are hereby transferred to and imposed upon the children's initiatives fund--neonatal
screening account in the children's initiatives fund, (B) the Kansas endowment for youth
fund--neonatal screening account of the above agency in the Kansas endowment for youth
fund is hereby abolished, and (C) any appropriation of moneys in the Kansas endowment
for youth fund--neonatal screening account of the Kansas endowment for youth fund for
the above agency for the fiscal year ending June 30, 2001, by any provision of chapter 132
or chapter 160 of the 1999 Session Laws of Kansas or this or other appropriation act of the
2000 regular session of the legislature, is hereby lapsed.
(4) On July 1, 2000, the director of accounts and reports shall transfer all moneys credited
as of June 30, 2000, in the Kansas endowment for youth fund--vaccine purchases account
of the Kansas endowment for youth fund to the children's initiatives fund--vaccine
purchases account in the children's initiatives fund, which is hereby established. On July 1,
2000, and after such transfer, (A) all encumbrances and other liabilities of the Kansas
endowment for youth fund--vaccine purchases account of the Kansas endowment for youth
fund are hereby transferred to and imposed upon the children's initiatives fund--vaccine
purchases account in the children's initiatives fund, (B) the Kansas endowment for youth
fund--vaccine purchases account of the above agency in the Kansas endowment for youth
fund is hereby abolished, and (C) any appropriation of moneys in the Kansas endowment
for youth fund--vaccine purchases account of the Kansas endowment for youth fund for
the above agency for the fiscal year ending June 30, 2001, by any provision of chapter 132
or chapter 160 of the 1999 Session Laws of Kansas or this or other appropriation act of the
2000 regular session of the legislature, is hereby lapsed.
(5) In addition to the other purposes for which expenditures may be made from the
children's initiatives fund for fiscal year 2001 as authorized by this or other appropriation
act of the 2000 regular session of the legislature, expenditures may be made by the above
agency from the children's initiatives fund for fiscal year 2001, from the unencumbered
balance as of July 1, 2000, in each account of the children's initiatives fund that is established
by subsection (h) and into which moneys are transferred pursuant to this subsection (i) and
in each account of the children's initiatives fund that is established by this subsection (i):
Provided, That all expenditures from the unencumbered balance of any such account of the
children's initiatives fund shall not exceed the amount of the unencumbered balance in such
account on July 1, 2000: Provided further, That all expenditures from the unencumbered
balance of any such account shall be in addition to any expenditure limitation imposed on
the children's initiatives fund for fiscal year 2001.
(j) On the effective date of this act, of the $2,492,000 appropriated for the above agency
for the fiscal year ending June 30, 2000, by section 53(a) of chapter 132 of the 1999 Session
Laws of Kansas from the state general fund in the infant and toddler account, the sum of
$500,000 is hereby lapsed.
Sec. 64.
JUDICIAL COUNCIL
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2001 | $15,525 |
Sec. 65.
STATE BOARD OF INDIGENTS' DEFENSE SERVICES
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2001 | $21,514 |
Sec. 66.
STATE BOARD OF TAX APPEALS
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2001 | $9,071 |
Sec. 67.
DEPARTMENT OF CORRECTIONS
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Ellsworth correctional facility--facility operations
| For the fiscal year ending June 30, 2001 | $3,924 |
Larned correctional mental health facility--facility operations
| For the fiscal year ending June 30, 2001 | $29,451 |
Norton correctional facility--facility operations
| For the fiscal year ending June 30, 2001 | $11,310 |
Winfield correctional facility--facility operations
| For the fiscal year ending June 30, 2001 | $2,703 |
Central administration operations and parole and post-release supervision operations
| For the fiscal year ending June 30, 2001 | $24,105 |
(b) On July 1, 2000, of the $30,894,098 appropriated for the above agency for the fiscal
year ending June 30, 2001, by section 51(a) of 2000 House Substitute for Senate Bill No.
326 from the state general fund in the Lansing correctional facility--facility operations
account, the sum of $320,787 is hereby lapsed.
(c) On July 1, 2000, of the $22,996,537 appropriated for the above agency for the fiscal
year ending June 30, 2001, by section 51(a) of 2000 House Substitute for Senate Bill No.
326 from the state general fund in the Hutchinson correctional facility--facility operations
account, the sum of $348,414 is hereby lapsed.
(d) On July 1, 2000, of the $17,290,354 appropriated for the above agency for the fiscal
year ending June 30, 2001, by section 51(a) of 2000 House Substitute for Senate Bill No.
326 from the state general fund in the El Dorado correctional facility--facility operations
account, the sum of $326,258 is hereby lapsed.
(e) On July 1, 2000, of the $13,658,283 appropriated for the above agency for the fiscal
year ending June 30, 2001, by section 51(a) of 2000 House Substitute for Senate Bill No.
326 from the state general fund in the Topeka correctional facility--facility operations
account, the sum of $41,577 is hereby lapsed.
(f) In addition to other purposes for which expenditures may be made by the department
of corrections from the state of Kansas--department of corrections inmate benefit fund for
fiscal year 2001, as authorized by section 51 (b) of 2000 House Substitute for Senate Bill
No. 326, expenditures may be made by the above agency from the state of Kansas--
department of corrections inmate benefit fund for operating the therapeutic community
program at Lansing correctional facility: Provided, That expenditures for such purposes from
the state of Kansas--department of corrections inmate benefit fund for fiscal year 2001
shall not exceed $495,000: Provided further, That all such expenditures for such purposes
from the state of Kansas--department of corrections inmate benefits fund for fiscal year
2001 shall be made from the projected ending cash balance in the state of Kansas--
department of corrections inmate benefit fund as of June 30, 2000, and shall not result in
any reduction of funding from the state of Kansas--department of corrections inmate
benefit fund for other projects within the approved budget of expenditures from such fund
as authorized by section 51(b) of 2000 House Substitute for Senate Bill No. 326.
(g) On the effective date of this act, the amounts specified in section 73 (c) of chapter
132 of the 1999 Session Laws of Kansas as being included in the facilities operations account
of the state general fund for the following correctional facilities for the fiscal year ending
June 30, 2000, are hereby changed to the amounts specified, but expenditures from the
facilities operations account of the state general fund for such correctional facilities shall
not be limited to, or be required to be made in, the amounts listed for the correctional
facilities, as follows: (1) The amount for Larned correctional mental health facility is hereby
increased from $6,875,937 to $6,877,925; (2) the amount for Hutchinson correctional facility
is hereby decreased from $22,487,669 to $22,476,313; and (3) the amount for Topeka
correctional facility is hereby increased from $13,198,883 to $13,189,787.
(h) On the effective date of this act, of the $12,361,004 appropriated for the above agency
for the fiscal year ending June 30, 2000, by 73(a) of chapter 132 of the 1999 Session Laws
of Kansas from the state general fund in the central administration operations and parole
and post-release supervision operations account, the sum of $4,037 is hereby lapsed.
(i) In addition to the other purposes for which expenditures may be made by the
department of corrections from the local jail payments account of the state general fund for
fiscal year 2001 as authorized by section 51(a) of 2000 House Substitute for Senate Bill No.
326, expenditures may be made by the department of corrections from the local jail
payments account of the state general fund for fiscal year 2001 for reimbursement costs
incurred during fiscal year 2000.
(j) On July 1, 2000, the position limitation established by section 69(a) of 2000 House
Substitute for Senate Bill No. 326 for the above agency is hebreby decreased from 3,063.0
to 3,059.0.
Sec. 68.
DEPARTMENT OF WILDLIFE AND PARKS
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Operating expenditures
| For the fiscal year ending June 30, 2001 | $7,140 |
(b) On July 1, 2000, the expenditure limitation established by section 67(b) of 2000 House
Substitute for Senate Bill No. 326, on the wildlife fee fund is hereby decreased from
$22,139,970 to $21,801,503.
(c) On July 1, 2000, the expenditure limitation established by section 67(b) of 2000 House
Substitute for Senate Bill No. 326, on the EDIF--local government outdoor recreation
grants fund is hereby increased from $250,000 to $500,000.
(d) On July 1, 2000, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer $250,000 from the Kansas economic development endowment
account of the state economic development initiatives fund of the department of commerce
and housing to the EDIF--local government outdoor recreation grants fund of the
department of wildlife and parks.
(e) On July 1, 2000, the expenditure limitation established by section 67(b) of 2000 House
Substitute for Senate Bill No. 326, on the parks fee fund is hereby increased from $4,460,870
to $4,468,010.
Sec. 69.
OMBUDSMAN OF CORRECTIONS
(a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:
Adult corrections oversight
| For the fiscal year ending June 30, 2001 | $500 |
Sec. 70. (a) In addition to the other purposes for which expenditures may be made by
each state agency named in this act from the moneys appropriated from the state general
fund or from any special revenue fund for fiscal year 2001 as authorized by this or other
appropriation act of the 2000 regular session of the legislature, expenditures shall be made
by each state agency named in this act from the moneys appropriated from the state general
fund or from any special revenue funds for fiscal year 2001, to prepare a report identifying
in detail all funding that will be requested by such agency from the state general fund or
any special revenue funds for any and all substance abuse treatment, prevention or education
programs, including the administration of such programs, for the fiscal year ending June 30,
2002: Provided, That each such agency shall submit such report to the Kansas center for
prevention leadership of the department of social and rehabilitation services on or before
September 15, 2000: Provided further, That each such agency shall submit a copy of such
report to the division of the budget and to the legislative research department at the same
time it is submitted to the Kansas center for prevention leadership of the governor's
department.
(b) On July 1, 2000, the provisions of section 71 of 2000 House Substitute for Senate Bill
No. 326 are hereby declared to be null and void and shall be of no force and effect.
Sec. 71. On July 1, 2000, K.S.A. 1999 Supp. 79-34,147, as amended by section 106 of
2000 House Substitute for Senate Bill No. 326, is hereby amended to read as follows: 79-
34,147. (a) (1) On July 1, 1999, and quarterly thereafter the secretary of revenue shall certify
to the director of accounts and reports the amount equal to 7.628% of the total revenues
received by the secretary from the taxes imposed under the Kansas retailers' sales tax act
and deposited in the state treasury and credited to the state general fund during the
preceding three calendar months.
(2) On July 1, 2001, and quarterly thereafter, the secretary of revenue shall certify to the
director of accounts and reports the amount equal to 9.5% of the total revenues received
by the secretary from the taxes imposed under the Kansas retailers' sales tax act and
deposited in the state treasury and credited to the state general fund during the preceding
three calendar months.
(3) On July 1, 2002, and quarterly thereafter, the secretary of revenue shall certify to the
director of accounts and reports the amount equal to 11% of the total revenues received by
the secretary from the taxes imposed under the Kansas retailers' sales tax act and deposited
in the state treasury and credited to the state general fund during the preceding three
calendar months.
(4) On July 1, 2003, and quarterly thereafter, the secretary of revenue shall certify to the
director of accounts and reports the amount equal to 11.25% of the total revenues received
by the secretary from the taxes imposed under the Kansas retailers' sales tax act and
deposited in the state treasury and credited to the state general fund during the preceding
three calendar months.
(5) On July 1, 2004, and quarterly thereafter, the secretary of revenue shall certify to the
director of accounts and reports the amount equal to 12% of the total revenues received by
the secretary from the taxes imposed under the Kansas retailers' sales tax act and deposited
in the state treasury and credited to the state general fund during the preceding three
calendar months.
(b) Upon receipt of each certification under subsection (a), the director of accounts and
reports shall transfer from the state general fund to the state highway fund an amount equal
to the amount so certified, on each July 1, October 1, January 1 and April 1, except that
(1)(A) the amount of the transfer on each such date during state fiscal year 2000 shall not
exceed the amount equal to 101.7% of the amount of the transfer on each such date during
state fiscal year 1999 and (B) the aggregate amount of all such transfers during state fiscal
year 2000 shall not exceed $62,240,428; and (2) the amount of the transfer on each such
date during state fiscal year 2001 shall not exceed $12,829,480.50 $12,927,149.75. All
transfers made pursuant to this section are subject to reduction under K.S.A. 75-6704, and
amendments thereto.
(c) All transfers made in accordance with the provisions of this section shall be considered
to be demand transfers from the state general fund.
Sec. 72. On July 1, 2000, K.S.A. 1999 Supp. 79-34,147, as amended by section 106 of
2000 House Substitute for Senate Bill No. 326, is hereby repealed.
Sec. 73. (a) Notwithstanding the provisions of subsection (b) of K.S.A. 74-4927f and
amendments thereto, no participating employer under the Kansas public employees
retirement system shall pay any amount to the system for the cost of the plan of death and
long-term disability benefits under K.S.A. 74-4927f and amendments thereto for the period
from April 1, 2000, through June 30, 2001.
(b) On the effective date of this act, the amount in each account of the state general fund
of each state agency that is appropriated for the fiscal year ending June 30, 2000, by chapter
132 or chapter 160 of the 1999 Session Laws of Kansas or by 2000 Senate Bill No. 39 and
that is budgeted for payment of the cost of the plan of death and long-term disability benefits
under K.S.A. 74-4927f and amendments thereto, as certified by the director of the budget
to the director of accounts and reports, for the period from April 1, 2000, through June 30,
2000, is hereby lapsed.
Sec. 74. (a) On July 1, 2000, the director of accounts and reports shall transfer the
unencumbered balance as of June 30, 2000, in each account of the children's initiative fund
to the Kansas endowment for youth fund.
(b) On July 1, 2001, the director of accounts and reports shall transfer the unencumbered
balance as of June 30, 2001, in each account of the children's initiative fund to the Kansas
endowment for youth fund.
Sec. 75. Appeals to exceed position limitations. (a) The limitations imposed by this act on
the number of full-time and regular part-time positions equated to full-time, excluding
seasonal and temporary positions, paid from appropriations for the fiscal year ending June
30, 2000, made in chapter 132 or 160 of the 1999 Session Laws of Kansas or in or in any
other appropriation act of the 2000 regular session of the legislature may be exceeded upon
approval of the state finance council.
(b) The limitations imposed by this act on the number of full-time and regular part-time
positions equated to full-time, excluding seasonal and temporary positions, paid from
appropriations for the fiscal year ending June 30, 2001, made in chapter 132 or 160 of the
1999 Session Laws of Kansas or in this or in any other appropriation act of the 2000 regular
session of the legislature may be exceeded upon approval of the state finance council.
Sec. 76. Appeals to exceed expenditure limitations. Upon written application to the
governor and approval of the state finance council, expenditures from special revenue funds
may exceed the amounts specified in this act.
Sec. 77. Savings. (a) Any unencumbered balance as of June 30, 2000, in any special
revenue fund, or account thereof, of any state agency named in this act which is not
otherwise specifically appropriated or limited by this or other appropriation act of the 2000
regular session of the legislature, is hereby appropriated for the fiscal year ending June 30,
2001, for the same use and purpose as the same was heretofore appropriated.
(b) Any unencumbered balance in any special revenue fund, or account thereof, of any
state agency named in section 22 of chapter 132 of the 1999 Session Laws of Kansas which
is not otherwise specifically appropriated or limited for fiscal year 2001 by this or other
appropriation act of the 1999 or 2000 regular session of the legislature, is hereby
appropriated for fiscal year 2001 for the same use and purpose as the same was heretofore
appropriated.
Sec. 78. Federal grants. (a) Each federal grant or other federal receipt which is received
by a state agency named in this act and which is not otherwise appropriated to that state
agency by this or other appropriation act of the 2000 regular session of the legislature, is
hereby appropriated for the fiscal year ending June 30, 2001, for that state agency for the
purpose set forth in such federal grant or receipt, except that no expenditure shall be made
from and no obligation shall be incurred against any such federal grant or other federal
receipt, which has not been previously appropriated or reappropriated or approved for
expenditure by the governor for fiscal year 2001, until the governor has authorized the state
agency to make expenditures from such federal grant or other federal receipt for fiscal year
2001.
(b) Each federal grant or other federal receipt which is received by a state agency named
in section 22 of chapter 132 of the 1999 Session Laws of Kansas and which is not otherwise
appropriated to that state agency for fiscal year 2001 by this or other appropriation act of
the 1999 or 2000 regular session of the legislature, is hereby appropriated for fiscal year
2001 for that state agency for the purpose set forth in such federal grant or receipt, except
that no expenditure shall be made from and no obligation shall be incurred against any such
federal grant or other federal receipt, which has not been previously appropriated or
reappropriated or approved for expenditure by the governor for fiscal year 2001, until the
governor has authorized the state agency to make expenditures from such federal grant or
other federal receipt for fiscal year 2001.
Sec. 79. Any transfers of money during the fiscal year ending June 30, 2001, from any
special revenue fund of any state agency named in this act to the audit services fund of the
division of post audit under K.S.A. 46-1121 and amendments thereto shall be in addition to
any expenditure limitation imposed on any such fund for the fiscal year ending June 30,
2001.
Sec. 80. Any correctional institutions building fund appropriation heretofore appropriated
to any state agency named in this or other appropriation act of the 2000 regular session of
the legislature, and having an unencumbered balance as of June 30, 2000, in excess of $100
is hereby reappropriated for the fiscal year ending June 30, 2001, for the same uses and
purposes as originally appropriated unless specific provision is made for lapsing such
appropriation.
Sec. 81. Any Kansas educational building fund appropriation heretofore appropriated to
any institution named in this or other appropriation act of the 2000 regular session of the
legislature and having an unencumbered balance as of June 30, 2000, in excess of $100 is
hereby reappropriated for the fiscal year ending June 30, 2001, for the same use and purpose
as originally appropriated, unless specific provision is made for lapsing such appropriation.
Sec. 82. Any state institutions building fund appropriation heretofore appropriated to any
state agency named in this or other appropriation act of the 2000 regular session of the
legislature and having an unencumbered balance as of June 30, 2000, in excess of $100 is
hereby reappropriated for the fiscal year ending June 30, 2001, for the same use and purpose
as originally appropriated, unless specific provision is made for lapsing such appropriation.
Sec. 83. This act shall take effect and be in force from and after its publication in the
Kansas register.'';
On page 1, in the title, by striking all in lines 10 through 15 and inserting in lieu thereof
the following:
``AN ACT making and concerning appropriations for the fiscal years ending June 30, 2000,
June 30, 2001, and June 30, 2002; authorizing certain transfers and fees, imposing certain
restrictions and limitations and directing or authorizing certain receipts, disbursements,
capital improvements and acts incidental to the foregoing; amending K.S.A. 1999 Supp.
79-34,147, as amended by section 106 of 2000 House Substitute for Senate Bill No. 326,
and repealing the existing section.'';
And your committee on conference recommends the adoption of this report.
Dave Kerr
Alicia L. Salisbury
Marge Petty
Conferees on the part of Senate
David Adkins
Melvin Neufeld
Bill Reardon
Conferees on part of House
Senator Kerr moved the Senate adopt the Conference Committee Report on S Sub for
HB 2513.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
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,
Vratil.
Absent or Not Voting: Vidricksen.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2905, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:
On page 5, in line 16, by striking ``for interest''; in line 20, by striking all following ``(4)'';
by striking all in line 21; in line 22, by striking ``parties'' and inserting ``not certified as a
certified shorthand reporter by the Kansas supreme court'';
On page 12, in line 9, by striking ``5'' and inserting ``6''; in line 15, by striking ``, such''
and inserting ``. Such''; in line 16, by striking ``to'' and inserting ``shall''; in line 22, preceding
``K.S.A.'' by inserting ``On the date of the issuance by the Kansas supreme court of an opinion
in the case of Owen Lumber Company vs. Chartrand, case no. 82,228, which affirms the
decision of the Kansas court of appeals or on the date the Kansas supreme court denies the
petition for review,'';
On page 13, in line 23, by striking ``personally''; following line 37, by inserting the
following:
``Sec. 8. K.S.A. 1999 Supp. 60-2610 is hereby amended to read as follows: 60-2610. (a)
If a person gives a worthless check, as defined by subsection (g), the person shall be liable
to the holder of the check for the amount of the check, the incurred court costs, the costs
of restricted mail and the service charge and the costs of collection, including but not limited
to reasonable attorney fees, plus an amount equal to the greater of the following:
(1) Damages equal to three times the amount of the check but not exceeding the amount
of the check by more than $500; or
(2) $100.
The court may waive all or part of the attorney fees provided for by this subsection, if
the court finds that the damages and other amounts awarded are sufficient to adequately
compensate the holder of the check. In the event the court waives all or part of the attorney
fees, the court shall make written findings of fact as to the specific reasons that the amounts
awarded are sufficient to adequately compensate the holder of the check.
(b) The amounts specified by subsection (a) shall be recoverable in a civil action brought
by or on behalf of the holder of the check only if: (1) Not less than 14 days before filing the
civil action, the holder of the check made written demand on the maker or drawer for
payment of the amount of the check, and the incurred service charge and the costs of
restricted mail; and (2) the maker or drawer failed to tender to the holder, prior to the filing
of the action, an amount not less than the amount demanded. The written demand shall be
sent by restricted mail, as defined by subsection (g), to the person to be given notice at such
person's address as it appears on such check, draft or order or to the last known address of
the maker or drawer and shall include notice that, if the money is not paid within 14 days,
triple damages in addition to an amount of money equal to the sum of the amount of the
check, the incurred court costs, service charge, costs of restricted mail and the costs of
collection including but not limited to reasonable attorney fees unless the court otherwise
orders, may be incurred by the maker or drawer of the check. Notice required by subsection
(b)(1) shall state the exact amount and date due, as well as an estimate of the amount that
may be incurred if the amount demanded is not paid by the specified date.
(c) Subsequent to the filing of an action under this section but prior to the hearing of
commencement of a dispositional hearing by the court, the defendant may tender to the
plaintiff as satisfaction of the claim, an amount of money equal to the sum of the amount
of the check, the incurred court costs, service charge, costs of restricted mail and the costs
of collection, including but not limited to reasonable attorney fees. The plaintiff shall include
in the petition a statement alleging that the defendant may tender such amount as satisfaction
of the claim as provided in this subsection. If the amount alleged in the petition is tendered
to the plaintiff in full satisfaction of the debt prior to the commencement of the dispositional
hearing by the court, the case shall be dismissed by the plaintiff. For purposes of this
subsection only, the amount tendered as satisfaction of the claim shall not include triple
damages or damages of $100 as provided in subsections (a)(1) and (2). For purposes of this
subsection, a dispositional hearing means a trial or other hearing by the court in which the
plaintiff is seeking the entry of judgment against the defendant. The court may waive all or
part of the attorney fees provided for by this subsection, if the court finds that the damages
and other amounts awarded are sufficient to adequately compensate the holder of the check.
In the event the court waives all or part of the attorney fees, the court shall make written
findings of fact as to the specific reasons that the amounts awarded are sufficient to
adequately compensate the holder of the check.
(d) If the trier of fact determines that the failure of the defendant to satisfy the
dishonored check was due to economic hardship, the court may waive all or part of the
damages provided for by this section, but the court shall render judgment against defendant
for not less than the amount of the dishonored check, the incurred court costs, service
charge, costs of restricted mail and the costs of collection, including but not limited to
reasonable attorney fees, unless otherwise provided in this subsection. The court may waive
all or part of the attorney fees provided for by this subsection, if the court finds that the
damages and other amounts awarded are sufficient to adequately compensate the holder of
the check. In the event the court waives all or part of the attorney fees, the court shall make
written findings of fact as to the specific reasons that the amounts awarded are sufficient to
adequately compensate the holder of the check.
(e) Any amount previously paid as restitution or reparations to the holder of the check
by its maker or drawer shall be credited against the amount for which the maker or drawer
is liable under subsection (a).
(f) Conviction of giving a worthless check or habitually giving a worthless check, as
defined by K.S.A. 21-3707 and 21-3708 and amendments thereto, shall not be a prerequisite
or bar to recovery pursuant to this section.
(g) As used in this section:
(1) ``Giving a worthless check'' means the making, drawing, issuing or delivering or
causing or directing the making, drawing, issuing or delivering of any check, order or draft
on any bank, credit union, savings and loan association or depository for the payment of
money or its equivalent:
(A) With intent to defraud or in payment for a preexisting debt; and
(B) which is dishonored by the drawee because the maker or drawer had no deposits
in or credits with the drawee or has not sufficient funds in, or credits with, the drawee for
the payment of such check, order or draft in full upon its presentation.
(2) ``Restricted mail'' means mail which carries on its face the endorsements ``restricted
mail'' and ``deliver to addressee only.''
(3) ``Service charge'' means $10, or subject to limitations contained in this subsection,
if a larger amount is posted conspicuously, the larger amount. In no event shall the amount
of such insufficient check service charge exceed $30.'';
By renumbering sections accordingly;
On page 17, following line 11, by inserting the following:
``Sec. 11. On the date of the issuance by the Kansas supreme court of an opinion in the
case of Owen Lumber Company vs. Chartrand, case no. 82,228, which affirms the decision
of the Kansas court of appeals or on the date the Kansas supreme court denies the petition
for review, K.S.A. 60-1103 is hereby repealed.'';
By renumbering sections accordingly;
Also on page 17, in line 13, by striking all following ``Supp.'' and inserting ``60-228, 60-
312 and 60-2610 are hereby''; in line 16, by striking ``Kansas register'' and inserting ``statute
book'';
In the title, in line 15, by striking ``relating to civil procedure; relating to;''; in line 16,
preceding ``amending'' by inserting ``service of process; worthless checks;''; in line 18, by
striking all following ``Supp.'' and inserting ``60-228, 60-312 and 60-2610 and repealing the
existing sections.'';
And your committee on conference recommends the adoption of this report.
Tim Emert
John Vratil
Greta Goodwin
Conferees on the part of Senate
Michael R. O'Neal
Tim Carmody
Janice L. Pauls
Conferees on part of House
Senator Emert moved the Senate adopt the Conference Committee Report on HB 2905.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
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,
Vratil.
Absent or Not Voting: Vidricksen.
The Conference Committee report was adopted.
MESSAGE FROM THE HOUSE
Announcing, the House adopts the conference committee report on House Substitute
for SB 40.
The House adopts the conference committee report on SB 471.
ORIGINAL MOTION
Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House
of Representatives be suspended for the purpose of considering the following bills: H Sub
for SB 40; SB 471.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to House Substitute for SB 40, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:
On page 1, by striking all in lines 19 through 43;
By striking all on pages 2, 3 and 4;
On page 5, by striking all in lines 1 through 24 and inserting new material to read as
follows:
``Section 1. K.S.A. 76-6b05 is hereby amended to read as follows: 76-6b05. (a) All
moneys received by the state treasurer under K.S.A. 76-6b04, and amendments thereto,
shall be credited to the state institutions building fund, which is hereby created in the state
treasury, to be appropriated by the legislature as needed used for the construction,
reconstruction, equipment and repair of buildings and grounds at institutions specified in
K.S.A. 76-6b04, and amendments thereto, and for payment of debt service on revenue bonds
issued to finance such projects, all subject to appropriation by the legislature.
(b) Subject to any restrictions imposed by appropriation acts, the juvenile justice
authority is authorized to pledge funds appropriated to it from the state institutions building
fund or from any other source and transferred to a special revenue fund of the juvenile
justice authority specified by statute for the payment of debt service on revenue bonds issued
for the purposes set forth in subsection (a). Subject to any restrictions imposed by
appropriation acts, the juvenile justice authority is also authorized to pledge any funds
appropriated to it from the state institutions building fund or from any other source and
transferred to a special revenue fund of the juvenile justice authority specified by statute as
a priority for the payment of debt service on such revenue bonds. Neither the state or the
juvenile justice authority shall have the power to pledge the faith and credit or taxing power
of the state of Kansas for such purposes and any payment by the juvenile justice authority
for such purposes shall be subject to and dependent on appropriations being made from time
to time by the legislature. Any obligation of the juvenile justice authority for payment of
debt service on revenue bonds and any such revenue bonds issued for the purposes set forth
in subsection (a) shall not be considered a debt or obligation of the state for the purpose of
section 6 of article 11 of the constitution of the state of Kansas.
Sec. 2. K.S.A. 76-6b05 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its publication in the
Kansas register.'';
On page 1, in the title, by striking all in lines 10 through 16 and inserting ``AN ACT
concerning the state institutions building fund; debt service on revenue bonds for certain
capital improvement projects; amending K.S.A. 76-6b05 and repealing the existing section.'';
\ And your committee on conference recommends the adoption of this report.
Kenny A. Wilk
Deena L. Horst
Bonnie Sharp
Conferees on the part of House
Dave Kerr
Alicia L. Salisbury
Marge Petty
Conferees on part of Senate
Senator Kerr moved the Senate adopt the Conference Committee Report on H Sub for
SB 40.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
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,
Vratil.
Absent or Not Voting: Vidricksen.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 471, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with House Committee amendments,
as follows:
On page 1, by striking all in lines 18 through 43;
By striking all on pages 2 through 4 and inserting the following:
``Section 1. K.S.A. 1999 Supp. 39-1411 is hereby amended to read as follows: 39-1411.
(a) The secretary of health and environment shall maintain a register of the reports received
and investigated by the department of health and environment under K.S.A. 39-1402 and
39-1403, and amendments to such sections, and the findings, evaluations and actions
recommended by the department with respect to such reports. The findings, evaluations
and actions shall be subject to such notice and appeals procedures as may be adopted by
rules and regulations of the secretary of health and environment, which rules and regulations
shall be consistent with the Kansas administrative procedure act and any requirements of
state or federal law relating thereto except that the secretary shall not be required to conduct
a hearing in cases forwarded to the appropriate state authority under subsection (b). The
register shall be available for inspection by personnel of the department of health and
environment as specified by the secretary of health and environment and to such other
persons as may be required by federal law and designated by the secretary of health and
environment by rules and regulations. Information from the register shall be provided as
specified in K.S.A. 1999 Supp. 65-6205 and amendments thereto. The secretary of health
and environment shall forward a copy of any report of abuse, neglect or exploitation of a
resident of an adult care home to the secretary of aging.
(b) The secretary of health and environment shall forward any finding of abuse, neglect
or exploitation alleged to be committed by a provider of services licensed, registered or
otherwise authorized to provide services in this state to the appropriate state authority which
regulates such provider. The appropriate state regulatory authority, after notice to the
alleged perpetrator and a hearing on such matter if requested by the alleged perpetrator,
may consider the finding in any disciplinary action taken with respect to the provider of
services under the jurisdiction of such authority. The secretary of health and environment
may consider the finding of abuse, neglect or exploitation in any licensing action taken with
respect to any adult care home or medical care facility under the jurisdiction of the secretary.
(c) If the investigation of the department of health and environment indicates reason
to believe that the resident is in need of protective services, that finding and all information
relating to that finding shall be forwarded by the secretary of health and environment to
the secretary of social and rehabilitation services.
(d) Except as otherwise provided in this section, the report received by the department
of health and environment and the written findings, evaluations and actions recommended
shall be confidential and shall not be subject to the open records act. Except as otherwise
provided in this section, the name of the person making the original report to the department
of health and environment or any person mentioned in such report shall not be disclosed
unless such person specifically requests or agrees in writing to such disclosure or unless a
judicial or administrative proceeding results therefrom. In the event that an administrative
or judicial action arises, no use of the information shall be made until the judge or presiding
officer makes a specific finding, in writing, after a hearing, that under all the circumstances
the need for the information outweighs the need for confidentiality. Except as otherwise
provided in this section, no information contained in the register shall be made available to
the public in such a manner as to identify individuals.
Sec. 2. K.S.A. 1999 Supp. 39-1411 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its publication in the
statute book.'';
On page 1, in the title, by striking all in lines 12 through 15 and inserting the following:
``AN ACT concerning the Kansas administrative procedure act; relating to abuse, neglect
or exploitation of adults; investigations by the department of health and environment;
amending K.S.A. 1999 Supp. 39-1411 and repealing the existing section.'';
\ And your committee on conference recommends the adoption of this report.
Michael R. O'Neal
Tim Carmody
David Haley
Conferees on the part of House
Tim Emert
Edward W. Pugh
Greta Goodwin
Conferees on part of Senate
Senator Emert moved the Senate adopt the Conference Committee Report on SB 471.
On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.
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,
Vratil.
Absent or Not Voting: Vidricksen.
The Conference Committee report was adopted.
MESSAGE FROM THE HOUSE
Announcing, the House concurs in Senate amendments to HB 2355 and requests the
Senate to return the bill.
The House adopts the conference committee report on Substitute HB 2013.
The House adopts the conference committee report on Senate Substitute for HB 2027.
The House adopts the conference committee report on Senate Substitute for HB 2224.
The House adopts the conference committee report on Senate Substitute for
Substitute HB 2864.
The House adopts the conference committee report on HB 2996.
The House adopts the conference committee report on HB 3019.
The House adopts the conference committee report on SB 483.
The House adopts the conference committee report on House Substitute for SB 504.
ORIGINAL MOTION
Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House
of Representatives be suspended for the purpose of considering the following bills: H Sub
for SB 504; HB 2805.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 483, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with House Committee amendments,
as follows:
On page 1, after line 18, by inserting the following:
``Section 1. On and after January 1, 2001, K.S.A. 1999 Supp. 17-7503 is hereby
amended to read as follows: 17-7503. (a) Every domestic corporation organized for profit
shall make an annual report in writing to the secretary of state, stating the prescribed
information concerning the corporation at the close of business on the last day of its tax
period next preceding the date of filing, but if a corporation's tax period is other than the
calendar year, it shall give notice thereof to the secretary of state prior to December 31 of
the year it commences such tax period. The reports shall be made on forms prescribed by
the secretary of state. The report shall be filed at the time prescribed by law for filing the
corporation's annual Kansas income tax return, except that if any such corporation shall
apply for an extension of time for filing its annual income tax return under the internal
revenue service or under subsection (c) of K.S.A. 79-3221, and amendments thereto, such
corporation shall also apply, not more than 90 days after the due date of its annual report,
to the secretary of state for an extension of the time for filing the report and an extension
shall be granted for a period of time corresponding to that granted under the internal
revenue code or K.S.A. 79-3221, and amendments thereto. Such application shall include a
copy of the application to income tax authorities. The report shall contain the following
information:
(1) The name of the corporation;
(2) the location of the principal office;
(3) the names of the president, secretary, treasurer and members of the board of
directors, with the residence address of each;
(4) the number of shares of capital stock issued and the amount of capital stock paid
up;
(5) the nature and kind of business in which the corporation is engaged; and
(6) a list of stockholders owning at least 5% of the capital stock of the corporation, with
the post office address of each.
(b) Every corporation subject to the provisions of this section which holds agricultural
land, as defined in K.S.A. 17-5903, and amendments thereto, within this state shall show
the following additional information on the report:
(1) The acreage and location listed by section, range, township and county of each lot,
tract or parcel of agricultural land in this state owned or leased by or to the corporation;
(2) the purposes for which such agricultural land is owned or leased and, if leased, to
whom such agricultural land is leased;
(3) the value of the nonagricultural assets and the agricultural assets, stated separately,
owned and controlled by the corporation both within and without the state of Kansas and
where situated;
(4) the total number of stockholders of the corporation;
(5) the number of acres owned or operated by the corporation, the number of acres
leased by the corporation and the number of acres leased to the corporation;
(6) the number of acres of agricultural land, held and reported in each category under
provision (5), state separately, being irrigated; and
(7) whether any of the agricultural land held and reported under this subsection was
acquired after July 1, 1981.
(c) The report shall be signed by its president, secretary, treasurer or other officer duly
authorized so to act, or by any two of its directors, or by an incorporator in the event its
board of directors shall not have been elected. The fact that an individual's name is signed
on such report shall be prima facie evidence that such individual is authorized to sign the
report on behalf of the corporation; however, the official title or position of the individual
signing the report shall be designated. This report will be dated and subscribed by the person
as true, under penalty of perjury. At the time of filing such annual report it shall be the duty
of each domestic corporation organized for profit to pay to the secretary of state an annual
franchise tax in an amount equal to $1 for each $1,000 of the corporation's shareholder's
equity attributable to Kansas, except that no such tax shall be less than $20 or more than
$2,500. The amount of any such franchise tax paid by the corporation to the secretary as
provided by this subsection shall not be disclosed by the secretary.
Sec. 2. On and after January 1, 2001, K.S.A. 1999 Supp. 17-7505 is hereby amended
to read as follows: 17-7505. (a) Every foreign corporation organized for profit, or organized
under the cooperative type statutes of the state, territory or foreign country of incorporation,
now or hereafter doing business in this state, and owning or using a part or all of its capital
in this state, and subject to compliance with the laws relating to the admission of foreign
corporations to do business in Kansas, shall make an annual report in writing to the secretary
of state, stating the prescribed information concerning the corporation at the close of
business on the last day of its tax period next preceding the date of filing, but if a corporation
operates on a fiscal year other than the calendar year it shall give written notice thereof to
the secretary of state prior to December 31 of the year commencing such fiscal year. The
report shall be made on a form prescribed by the secretary of state. The report shall be
filed at the time prescribed by law for filing the corporation's annual Kansas income tax
return, except that if any such corporation shall apply for an extension of time for filing its
annual income tax return under the internal revenue service or under subsection (c) of
K.S.A. 79-3221, and amendments thereto, such corporation shall also apply, not more than
90 days after the due date of its annual report, to the secretary of state for an extension of
the time for filing the report and an extension shall be granted for a period of time
corresponding to that granted under the internal revenue code or K.S.A. 79-3221, and
amendments thereto. Such application shall include a copy of the application to income tax
authorities. The report shall contain the following facts:
(1) The name of the corporation and under the laws of what state or country organized;
(2) the location of its principal office;
(3) the names of the president, secretary, treasurer and members of the board of
directors, with the residence address of each;
(4) the number of shares of capital stock issued and the amount of capital stock paid
up;
(5) the nature and kind of business in which the company is engaged and its place or
places of business both within and without the state of Kansas;
(6) the value of the property owned and used by the company in Kansas, where situated,
and the value of the property owned and used outside of Kansas and where situated; and
(7) the corporation's shareholder's equity attributable to Kansas.
(b) Every corporation subject to the provisions of this section which holds agricultural
land, as defined in K.S.A. 17-5903, and amendments thereto, within this state shall show
the following additional information on the report:
(1) The acreage and location listed by section, range, township and county of each lot,
tract or parcel of agricultural land in this state owned or leased by or to the corporation;
(2) the purposes for which such agricultural land is owned or leased and, if leased, to
whom such agricultural land is leased;
(3) the value of the nonagricultural assets and the agricultural assets, stated separately,
owned and controlled by the corporation both within and without the state of Kansas and
where situated;
(4) the total number of stockholders of the corporation;
(5) the number of acres owned or operated by the corporation, the number of acres
leased by the corporation and the number of acres leased to the corporation;
(6) the number of acres of agricultural land, held and reported in each category under
paragraph (5) of this subsection (b), stated separately, being irrigated; and
(7) whether any of the agricultural land held and reported under this subsection was
acquired after July 1, 1981.
The report shall be signed by its president, secretary, treasurer or other officer duly
authorized so to act, or by any two of its directors, or by an incorporator in the event its
board of directors shall not have been elected. The fact that an individual's name is signed
on such report shall be prima facie evidence that such individual is authorized to sign the
report on behalf of the corporation; however, the official title or position of the individual
signing the report shall be designated. This report will be dated and subscribed by the person
as true, under penalty of perjury. At the time of filing its annual report, each such foreign
corporation shall pay to the secretary of state an annual franchise tax in an amount equal to
$1 for each $1,000 of the corporation's shareholder's equity attributable to Kansas, except
that no such tax shall be less than $20 or more than $2,500. The amount of any such franchise
tax paid by the foreign corporation to the secretary as provided by this subsection shall not
be disclosed by the secretary.'';
And by renumbering section 1 as section 3;
Also on page 1, after line 40, by inserting the following:
``Sec. 4. On and after January 1, 2001, K.S.A. 1999 Supp. 17-76,139 is hereby amended
to read as follows: 17-76,139. (a) Every limited liability company organized under the laws
of this state shall make an annual report in writing to the secretary of state, stating the
prescribed information concerning the limited liability company at the close of business on
the last day of its tax period next preceding the date of filing. If the limited liability company's
tax period is other than the calendar year, it shall give notice of its different tax period in
writing to the secretary of state prior to December 31 of the year it commences the different
tax period. The annual report shall be filed at the time prescribed by law for filing the
limited liability company's annual Kansas income tax return. If the limited liability company
applies for an extension of time for filing its annual income tax return under the internal
revenue code, the limited liability company shall also apply, not more than 90 days after the
due date of its annual report, to the secretary of state for an extension of the time for filing
its report and an extension shall be granted for a period of time corresponding to that granted
under the internal revenue code. The application shall include a copy of the application to
income tax authorities. The annual report shall be made on a form prescribed by the
secretary of state. The report shall contain the following information:
(1) The name of the limited liability company; and
(2) a reconciliation of the capital accounts for the preceding taxable year as required to
be reported on the federal partnership return of income or for a one-member LLC taxed
as a sole proprietorship, the net book value of the LLC as calculated on an income tax basis;
and
(3) a list of the members owning at least 5% of the capital of the company, with the
post office address of each.
(b) Every foreign limited liability company shall make an annual report in writing to the
secretary of state, stating the prescribed information concerning the limited liability
company at the close of business on the last day of its tax period next preceding the date of
filing. If the limited liability company's tax period is other than the calendar year, it shall
give notice in writing of its different tax period to the secretary of state prior to December
31 of the year it commences the different tax period. The annual report shall be filed at the
time prescribed by law for filing the limited liability company's annual Kansas income tax
return. If the limited liability company applies for an extension of time for filing its annual
income tax return under the internal revenue code, the limited liability company also shall
apply, not more than 90 days after the due date of its annual report, to the secretary of state
for an extension of the time for filing its report and an extension shall be granted for a
period of time corresponding to that granted under the internal revenue code. The
application shall include a copy of the application to income tax authorities. The annual
report shall be made on a form prescribed by the secretary of state. The report shall contain
the following information:
(1) The name of the limited liability company;
(2) a reconciliation of the capital accounts for the preceding taxable year as required to
be reported on the federal partnership return of income or for a one-member LLC taxed
as a sole proprietorship, the net book value of the LLC as calculated on an income tax basis.
(c) The annual report required by this section shall be signed by a member of the limited
liability company and forwarded to the secretary of state. At the time of filing the report,
the limited liability company shall pay to the secretary of state an annual franchise tax in an
amount equal to $1 for each $1,000 of the net capital accounts located in or used in this
state at the end of the preceding taxable year as required to be reported on the federal
partnership return of income, or for a one-member LLC taxed as a sole proprietorship, $1
for each $1,000 of net book value of the LLC as calculated on an income tax basis located
in or used in this state at the end of the preceding taxable year, except that no annual tax
shall be less than $20 or more than $2,500. The amount of any such franchise tax paid by
the limited liability company to the secretary as provided by this subsection shall not be
disclosed by the secretary.
(d) The provisions of K.S.A. 17-7509, and amendments thereto, relating to penalties for
failure of a corporation to file an annual report or pay the required franchise tax, and the
provisions of subsection (a) of K.S.A. 17-7510 and amendments thereto, relating to penalties
for failure of a corporation to file an annual report or pay the required franchise tax, shall
be applicable to the articles of organization of any domestic limited liability company or to
the authority of any foreign limited liability company which fails to file its annual report or
pay the franchise tax within 90 days of the time prescribed in this section for filing and
paying the same. Whenever the articles of organization of a domestic limited liability
company or the authority of any foreign limited liability company are forfeited for failure
to file an annual report or to pay the required franchise tax, the domestic limited liability
company or the authority of a foreign limited liability company may be reinstated by filing
a certificate of reinstatement, in the manner and form to be prescribed by the secretary of
state and paying to the secretary of state all fees and taxes, including any penalties thereon,
due to the state. The fee for filing a certificate of reinstatement shall be the same as that
prescribed by K.S.A. 17-7506, and amendments thereto, for filing a certificate of extension,
restoration, renewal or revival of a corporation's articles of incorporation.
(e) When reinstatement is effective, it relates back to and takes effect as of the effective
date of the forfeiture and the company may resume its business as if the forfeiture had
never occurred.
(f) No limited liability company shall be required to file its first annual report under
this act, or pay any annual franchise tax required to accompany such report, unless such
limited liability company has filed its articles of organization or application for authority at
least six months prior to the last day of its tax period. If any limited liability company files
with the secretary of state a notice of change in its tax period and the next annual report
filed by such limited liability company subsequent to such notice is based on a tax period
of less than 12 months, the annual tax liability shall be determined by multiplying the annual
franchise tax liability for such year by a fraction, the numerator of which is the number of
months or any portion thereof covered by the annual report and the denominator of which
is 12, except that the tax shall not be less than $20.
Sec. 5. On and after January 1, 2001, K.S.A. 1999 Supp. 45-221 is hereby amended to
read as follows: 45-221. (a) Except to the extent disclosure is otherwise required by law, a
public agency shall not be required to disclose:
(1) Records the disclosure of which is specifically prohibited or restricted by federal
law, state statute or rule of the Kansas supreme court or the disclosure of which is prohibited
or restricted pursuant to specific authorization of federal law, state statute or rule of the
Kansas supreme court to restrict or prohibit disclosure.
(2) Records which are privileged under the rules of evidence, unless the holder of the
privilege consents to the disclosure.
(3) Medical, psychiatric, psychological or alcoholism or drug dependency treatment
records which pertain to identifiable patients.
(4) Personnel records, performance ratings or individually identifiable records
pertaining to employees or applicants for employment, except that this exemption shall not
apply to the names, positions, salaries and lengths of service of officers and employees of
public agencies once they are employed as such.
(5) Information which would reveal the identity of any undercover agent or any
informant reporting a specific violation of law.
(6) Letters of reference or recommendation pertaining to the character or qualifications
of an identifiable individual.
(7) Library, archive and museum materials contributed by private persons, to the extent
of any limitations imposed as conditions of the contribution.
(8) Information which would reveal the identity of an individual who lawfully makes a
donation to a public agency, if anonymity of the donor is a condition of the donation.
(9) Testing and examination materials, before the test or examination is given or if it is
to be given again, or records of individual test or examination scores, other than records
which show only passage or failure and not specific scores.
(10) Criminal investigation records, except that the district court, in an action brought
pursuant to K.S.A. 45-222, and amendments thereto, may order disclosure of such records,
subject to such conditions as the court may impose, if the court finds that disclosure:
(A) Is in the public interest;
(B) would not interfere with any prospective law enforcement action;
(C) would not reveal the identity of any confidential source or undercover agent;
(D) would not reveal confidential investigative techniques or procedures not known to
the general public;
(E) would not endanger the life or physical safety of any person; and
(F) would not reveal the name, address, phone number or any other information which
specifically and individually identifies the victim of any sexual offense in article 35 of chapter
21 of the Kansas Statutes Annotated, and amendments thereto.
(11) Records of agencies involved in administrative adjudication or civil litigation,
compiled in the process of detecting or investigating violations of civil law or administrative
rules and regulations, if disclosure would interfere with a prospective administrative
adjudication or civil litigation or reveal the identity of a confidential source or undercover
agent.
(12) Records of emergency or security information or procedures of a public agency,
or plans, drawings, specifications or related information for any building or facility which is
used for purposes requiring security measures in or around the building or facility or which
is used for the generation or transmission of power, water, fuels or communications, if
disclosure would jeopardize security of the public agency, building or facility.
(13) The contents of appraisals or engineering or feasibility estimates or evaluations
made by or for a public agency relative to the acquisition of property, prior to the award of
formal contracts therefor.
(14) Correspondence between a public agency and a private individual, other than
correspondence which is intended to give notice of an action, policy or determination
relating to any regulatory, supervisory or enforcement responsibility of the public agency or
which is widely distributed to the public by a public agency and is not specifically in response
to communications from such a private individual.
(15) Records pertaining to employer-employee negotiations, if disclosure would reveal
information discussed in a lawful executive session under K.S.A. 75-4319, and amendments
thereto.
(16) Software programs for electronic data processing and documentation thereof, but
each public agency shall maintain a register, open to the public, that describes:
(A) The information which the agency maintains on computer facilities; and
(B) the form in which the information can be made available using existing computer
programs.
(17) Applications, financial statements and other information submitted in connection
with applications for student financial assistance where financial need is a consideration for
the award.
(18) Plans, designs, drawings or specifications which are prepared by a person other
than an employee of a public agency or records which are the property of a private person.
(19) Well samples, logs or surveys which the state corporation commission requires to
be filed by persons who have drilled or caused to be drilled, or are drilling or causing to be
drilled, holes for the purpose of discovery or production of oil or gas, to the extent that
disclosure is limited by rules and regulations of the state corporation commission.
(20) Notes, preliminary drafts, research data in the process of analysis, unfunded grant
proposals, memoranda, recommendations or other records in which opinions are expressed
or policies or actions are proposed, except that this exemption shall not apply when such
records are publicly cited or identified in an open meeting or in an agenda of an open
meeting.
(21) Records of a public agency having legislative powers, which records pertain to
proposed legislation or amendments to proposed legislation, except that this exemption shall
not apply when such records are:
(A) Publicly cited or identified in an open meeting or in an agenda of an open meeting;
or
(B) distributed to a majority of a quorum of any body which has authority to take action
or make recommendations to the public agency with regard to the matters to which such
records pertain.
(22) Records of a public agency having legislative powers, which records pertain to
research prepared for one or more members of such agency, except that this exemption
shall not apply when such records are:
(A) Publicly cited or identified in an open meeting or in an agenda of an open meeting;
or
(B) distributed to a majority of a quorum of any body which has authority to take action
or make recommendations to the public agency with regard to the matters to which such
records pertain.
(23) Library patron and circulation records which pertain to identifiable individuals.
(24) Records which are compiled for census or research purposes and which pertain to
identifiable individuals.
(25) Records which represent and constitute the work product of an attorney.
(26) Records of a utility or other public service pertaining to individually identifiable
residential customers of the utility or service, except that information concerning billings
for specific individual customers named by the requester shall be subject to disclosure as
provided by this act.
(27) Specifications for competitive bidding, until the specifications are officially
approved by the public agency.
(28) Sealed bids and related documents, until a bid is accepted or all bids rejected.
(29) Correctional records pertaining to an identifiable inmate or release, except that:
(A) The name; photograph and other identifying information; sentence data; parole
eligibility date; custody or supervision level; disciplinary record; supervision violations;
conditions of supervision, excluding requirements pertaining to mental health or substance
abuse counseling; location of facility where incarcerated or location of parole office
maintaining supervision and address of a releasee whose crime was committed after the
effective date of this act shall be subject to disclosure to any person other than another
inmate or releasee, except that the disclosure of the location of an inmate transferred to
another state pursuant to the interstate corrections compact shall be at the discretion of the
secretary of corrections;
(B) the ombudsman of corrections, the attorney general, law enforcement agencies,
counsel for the inmate to whom the record pertains and any county or district attorney shall
have access to correctional records to the extent otherwise permitted by law;
(C) the information provided to the law enforcement agency pursuant to the sex
offender registration act, K.S.A. 22-4901, et seq., and amendments thereto, shall be subject
to disclosure to any person, except that the name, address, telephone number or any other
information which specifically and individually identifies the victim of any offender required
to register as provided by the Kansas offender registration act, K.S.A. 22-4901 et seq. and
amendments thereto, shall not be disclosed; and
(D) records of the department of corrections regarding the financial assets of an
offender in the custody of the secretary of corrections shall be subject to disclosure to the
victim, or such victim's family, of the crime for which the inmate is in custody as set forth
in an order of restitution by the sentencing court.
(30) Public records containing information of a personal nature where the public
disclosure thereof would constitute a clearly unwarranted invasion of personal privacy.
(31) Public records pertaining to prospective location of a business or industry where
no previous public disclosure has been made of the business' or industry's interest in locating
in, relocating within or expanding within the state. This exception shall not include those
records pertaining to application of agencies for permits or licenses necessary to do business
or to expand business operations within this state, except as otherwise provided by law.
(32) The bidder's list of contractors who have requested bid proposals for construction
projects from any public agency, until a bid is accepted or all bids rejected.
(33) Engineering and architectural estimates made by or for any public agency relative
to public improvements.
(34) Financial information submitted by contractors in qualification statements to any
public agency.
(35) Records involved in the obtaining and processing of intellectual property rights that
are expected to be, wholly or partially vested in or owned by a state educational institution,
as defined in K.S.A. 76-711, and amendments thereto, or an assignee of the institution
organized and existing for the benefit of the institution.
(36) Any report or record which is made pursuant to K.S.A. 65-4922, 65-4923 or 65-
4924, and amendments thereto, and which is privileged pursuant to K.S.A. 65-4915 or 65-
4925, and amendments thereto.
(37) Information which would reveal the precise location of an archeological site.
(38) Any financial data or traffic information from a railroad company, to a public
agency, concerning the sale, lease or rehabilitation of the railroad's property in Kansas.
(39) Risk-based capital reports, risk-based capital plans and corrective orders including
the working papers and the results of any analysis filed with the commissioner of insurance
in accordance with K.S.A. 1999 Supp. 40-2c20, and amendments thereto.
(40) Memoranda and related materials required to be used to support the annual
actuarial opinions submitted pursuant to subsection (b) of K.S.A. 40-409, and amendments
thereto.
(41) Disclosure reports filed with the commissioner of insurance under subsection (a)
of K.S.A. 1999 Supp. 40-2,156, and amendments thereto.
(42) All financial analysis ratios and examination synopses concerning insurance
companies that are submitted to the commissioner by the national association of insurance
commissioners' insurance regulatory information system.
(43) Any records the disclosure of which is restricted or prohibited by a tribal-state
gaming compact.
(44) Market research, market plans, business plans and the terms and conditions of
managed care or other third party contracts, developed or entered into by the university of
Kansas medical center in the operation and management of the university hospital which
the chancellor of the university of Kansas or the chancellor's designee determines would
give an unfair advantage to competitors of the university of Kansas medical center.
(45) The amount of franchise tax paid to the secretary of state by domestic corporations,
foreign corporations, domestic limited liability companies, foreign limited liability
companies, domestic limited partnership, foreign limited partnership, domestic limited
liability partnerships and foreign limited liability partnerships.
(b) Except to the extent disclosure is otherwise required by law or as appropriate during
the course of an administrative proceeding or on appeal from agency action, a public agency
or officer shall not disclose financial information of a taxpayer which may be required or
requested by a county appraiser or the director of property valuation to assist in the
determination of the value of the taxpayer's property for ad valorem taxation purposes; or
any financial information of a personal nature required or requested by a public agency or
officer, including a name, job description or title revealing the salary or other compensation
of officers, employees or applicants for employment with a firm, corporation or agency,
except a public agency. Nothing contained herein shall be construed to prohibit the
publication of statistics, so classified as to prevent identification of particular reports or
returns and the items thereof.
(c) As used in this section, the term ''cited or identified`` shall not include a request to
an employee of a public agency that a document be prepared.
(d) If a public record contains material which is not subject to disclosure pursuant to
this act, the public agency shall separate or delete such material and make available to the
requester that material in the public record which is subject to disclosure pursuant to this
act. If a public record is not subject to disclosure because it pertains to an identifiable
individual, the public agency shall delete the identifying portions of the record and make
available to the requester any remaining portions which are subject to disclosure pursuant
to this act, unless the request is for a record pertaining to a specific individual or to such a
limited group of individuals that the individuals' identities are reasonably ascertainable, the
public agency shall not be required to disclose those portions of the record which pertain
to such individual or individuals.
(e) The provisions of this section shall not be construed to exempt from public disclosure
statistical information not descriptive of any identifiable person.
(f) Notwithstanding the provisions of subsection (a), any public record which has been
in existence more than 70 years shall be open for inspection by any person unless disclosure
of the record is specifically prohibited or restricted by federal law, state statute or rule of
the Kansas supreme court or by a policy adopted pursuant to K.S.A. 72-6214, and
amendments thereto.
Sec. 6. On and after January 1, 2001, K.S.A. 1999 Supp. 56-1a-606 is hereby amended
to read as follows: 56-1a-606. (a) Every limited partnership organized under the laws of this
state shall make an annual report in writing to the secretary of state, stating the prescribed
information concerning the limited partnership at the close of business on the last day of
its tax period next preceding the date of filing. If the limited partnership's tax period is other
than the calendar year, it shall give notice of its different tax period to the secretary of state
prior to December 31 of the year it commences the different tax period. The annual report
shall be filed at the time prescribed by law for filing the limited partnership's annual Kansas
income tax return. If the limited partnership applies for an extension of time for filing its
annual income tax return under the internal revenue code or under K.S.A. 79-3221 and
amendments thereto, the limited partnership shall also apply, not more than 90 days after
the due date of its annual report, to the secretary of state for an extension of the time for
filing its report and an extension shall be granted for a period of time corresponding to that
granted under the internal revenue code or K.S.A. 79-3221 and amendments thereto. The
application shall include a copy of the application to income tax authorities.
(b) The annual report shall be made on a form prescribed by the secretary of state. The
report shall contain the following information:
(1) The name of the limited partnership; and
(2) a reconciliation of the partners' capital accounts for the preceding taxable year as
required to be reported on the federal partnership return of income; and
(3) a list of the partners owning at least 5% of the capital of the partnership, with the
post office address of each.
(c) Every limited partnership subject to the provisions of this section which is a limited
corporate partnership, as defined in K.S.A. 17-5903 and amendments thereto, and which
holds agricultural land, as defined in K.S.A. 17-5903 and amendments thereto, within this
state shall show the following additional information on the report:
(1) The number of acres and location, listed by section, range, township and county of
each lot, tract or parcel of agricultural land in this state owned or leased by the limited
partnership; and
(2) whether any of the agricultural land held and reported under subsection (c)(1) was
acquired after July 1, 1981.
(d) The annual report shall be signed by the general partner or partners of the limited
partnership, sworn to before an officer duly authorized to administer oaths and forwarded
to the secretary of state. At the time of filing the report, the limited partnership shall pay
to the secretary of state an annual franchise tax in an amount equal to $1 for each $1,000
of the partners' net capital accounts located in or used in this state at the end of the preceding
taxable year as required to be reported on the federal partnership return of income, except
that no annual tax shall be less than $20 or more than $2,500. The amount of any such
franchise tax paid by the limited partnership to the secretary as provided by this subsection
shall not be disclosed by the secretary.
(e) The provisions of K.S.A. 17-7509 and amendments thereto, relating to penalties for
failure of a corporation to file an annual report or pay the required franchise tax, and the
provisions of subsection (a) of K.S.A. 17-7510 and amendments thereto, relating to forfeiture
of a domestic corporation's articles of incorporation for failure to file an annual report or
pay the required franchise tax, shall be applicable to the certificate of partnership of any
limited partnership which fails to file its annual report or pay the franchise tax within 90
days of the time prescribed in this section for filing and paying the same. Whenever the
certificate of partnership of a limited partnership is forfeited for failure to file an annual
report or to pay the required franchise tax, the limited partnership may be reinstated by
filing a certificate of reinstatement, in the manner and form to be prescribed by the secretary
of state and paying to the secretary of state all fees and taxes, including any penalties thereon,
due to the state. The fee for filing a certificate of reinstatement shall be the same as that
prescribed by K.S.A. 17-7506 and amendments thereto for filing a certificate of extension,
restoration, renewal or revival of a corporation's articles of incorporation.
Sec. 7. On and after January 1, 2001, K.S.A. 1999 Supp. 56-1a-607 is hereby amended
to read as follows: 56-1a-607. (a) Every foreign limited partnership shall make an annual
report in writing to the secretary of state, stating the prescribed information concerning the
limited partnership at the close of business on the last day of its tax period next preceding
the date of filing. If the limited partnership's tax period is other than the calendar year, it
shall give notice of its different tax period to the secretary of state prior to December 31 of
the year it commences the different tax period. The annual report shall be filed at the time
prescribed by law for filing the limited partnership's annual Kansas income tax return. If
the limited partnership applies for an extension of time for filing its annual income tax return
under the internal revenue code or under K.S.A. 79-3221 and amendments thereto, the
limited partnership shall also apply, not more than 90 days after the due date of its annual
report, to the secretary of state for an extension of the time for filing its report and an
extension shall be granted for a period of time corresponding to that granted under the
internal revenue code or K.S.A. 79-3221 and amendments thereto. The application shall
include a copy of the application to income tax authorities.
(b) The annual report shall be made on a form prescribed by the secretary of state. The
report shall contain the following information:
(1) The name of the limited partnership; and
(2) a reconciliation of the partners' capital accounts for the preceding taxable year as
required to be reported on the federal partnership return of income.
(c) Every foreign limited partnership subject to the provisions of this section which is
a limited corporate partnership, as defined in K.S.A. 17-5903 and amendments thereto, and
which holds agricultural land, as defined in K.S.A. 17-5903 and amendments thereto, within
this state shall show the following additional information on the report:
(1) The number of acres and location, listed by section, range, township and county of
agricultural land in this state owned or leased by the limited partnership; and
(2) whether any of the agricultural land held and reported under subsection (c)(1) was
acquired after July 1, 1981.
(d) The annual report shall be signed by the general partner or partners of the limited
partnership, sworn to before an officer duly authorized to administer oaths and forwarded
to the secretary of state. At the time of filing the report, the foreign limited partnership
shall pay to the secretary of state an annual franchise tax in an amount equal to $1 for each
$1,000 of the partners' net capital accounts located in or used in this state at the end of the
preceding taxable year as required to be reported on the federal partnership return of
income, except that no annual tax shall be less than $20 or more than $2,500. The amount
of any such franchise tax paid by the limited partnership to the secretary as provided by
this subsection shall not be disclosed by the secretary.
(e) The provisions of K.S.A. 17-7509 and amendments thereto, relating to penalties for
failure of a corporation to file an annual report or pay the required franchise tax, and the
provisions of subsection (b) of K.S.A. 17-7510 and amendments thereto, relating to forfeiture
of a foreign corporation's authority to do business in this state for failure to file an annual
report or pay the required franchise tax, shall be applicable to the authority of any foreign
limited partnership which fails to file its annual report or pay the franchise tax within 90
days of the time prescribed in this section for filing and paying the same. Whenever the
authority of a foreign limited partnership to do business in this state is forfeited for failure
to file an annual report or to pay the required franchise tax, the foreign limited partnership's
authority to do business in this state may be reinstated by filing a certificate of reinstatement,
in the manner and form to be prescribed by the secretary of state and paying to the secretary
of state all fees and taxes, including any penalties thereon, due to the state. The fee for filing
a certificate of reinstatement shall be the same as that prescribed by K.S.A. 17-7506 and
amendments thereto for filing a certificate of extension, restoration, renewal or revival of a
corporation's articles of incorporation.
Sec. 8. On and after January 1, 2001, K.S.A. 1999 Supp. 56a-1201 is hereby amended
to read as follows: 56a-1201. (a) Every limited liability partnership organized under the laws
of this state shall make an annual report in writing to the secretary of state, stating the
prescribed information concerning the limited liability partnership at the close of business
on the last day of its tax period next preceding the date of filing. If the limited liability
partnership's tax period is other than the calendar year, it shall give notice of its different
tax period in writing to the secretary of state prior to December 31 of the year it commences
the different tax period. The annual report shall be filed at the time prescribed by law for
filing the limited liability partnership's annual Kansas income tax return. If the limited
liability partnership applies for an extension of time for filing its annual income tax return
under the internal revenue code, the limited liability partnership shall also apply, not more
than 90 days after the due date of its annual report, to the secretary of state for an extension
of the time for filing its report and an extension shall be granted for a period of time
corresponding to that granted under the internal revenue code. The application shall include
a copy of the application to income tax authorities.
(b) The annual report shall be made on a form prescribed by the secretary of state. The
report shall contain the following information:
(1) The name of the limited liability partnership; and
(2) a reconciliation of the capital accounts for the preceding taxable year as required to
be reported on the federal partnership return of income; and
(3) a list of the partners owning at least 5% of the capital of the partnership, with the
post office address of each.
(c) The annual report shall be signed by a partner of the limited liability partnership
and forwarded to the secretary of state. At the time of filing the report, the limited liability
partnership shall pay to the secretary of state an annual franchise tax in an amount equal to
$1 for each $1,000 of the net capital accounts located in or used in this state at the end of
the preceding taxable year as required to be reported on the federal partnership return of
income, except that no annual tax shall be less than $20 or more than $2,500. The amount
of any such franchise tax paid by the limited liability partnership to the secretary as provided
by this subsection shall not be disclosed by the secretary.
(d) The provisions of K.S.A. 17-7509, and amendments thereto, relating to penalties for
failure of a corporation to file an annual report or pay the required franchise tax, and the
provisions of subsection (a) of K.S.A. 17-7510 and amendments thereto, relating to penalties
for failure of a corporation to file an annual report or pay the required franchise tax, shall
be applicable to the statement of qualification of any limited liability partnership which fails
to file its annual report or pay the franchise tax within 90 days of the time prescribed in this
section for filing and paying the same. Whenever the statement of qualification of a limited
liability partnership is forfeited for failure to file an annual report or to pay the required
franchise tax, the limited liability partnership may be reinstated by filing a certificate of
reinstatement, in the manner and form to be prescribed by the secretary of state and paying
to the secretary of state all fees and taxes, including any penalties thereon, due to the state.
The fee for filing a certificate of reinstatement shall be the same as that prescribed by K.S.A.
17-7506, and amendments thereto, for filing a certificate of extension, restoration, renewal
or revival of a corporation's articles of incorporation.
Sec. 8. On and after January 1, 2001, K.S.A. 1999 Supp. 56a-1202 is hereby amended
to read as follows: 56a-1202. (a) Every foreign limited liability partnership shall make an
annual report in writing to the secretary of state, stating the prescribed information
concerning the foreign limited liability partnership at the close of business on the last day
of its tax period next preceding the date of filing. If the foreign limited liability partnership's
tax period is other than the calendar year, it shall give notice in writing of its different tax
period to the secretary of state prior to December 31 of the year it commences the different
tax period. The annual report shall be filed at the time prescribed by law for filing the
foreign limited liability partnership's annual Kansas income tax return. If the foreign limited
liability partnership applies for an extension of time for filing its annual income tax return
under the internal revenue code, the foreign limited liability partnership shall also apply,
not more than 90 days after the due date of its annual report, to the secretary of state for
an extension of the time for filing its report and an extension shall be granted for a period
of time corresponding to that granted under the internal revenue code. The application shall
include a copy of the application to income tax authorities.
(b) The annual report shall be made on a form prescribed by the secretary of state. The
report shall contain the following information:
(1) The name of the foreign limited liability partnership; and
(2) a reconciliation of the capital accounts for the preceding taxable year as required to
be reported on the federal partnership return of income.
(c) The annual report shall be signed by a partner of the foreign limited liability
partnership and forwarded to the secretary of state. At the time of filing the report, the
foreign limited liability partnership shall pay to the secretary of state an annual franchise
tax in an amount equal to $1 for each $1,000 of the net capital accounts located in or used
in this state at the end of the preceding taxable year as required to be reported on the
federal partnership return of income, except that no annual tax shall be less than $20 or
more than $2,500. The amount of any such franchise tax paid by the foreign limited liability
partnership to the secretary as provided by this subsection shall not be disclosed by the
secretary.
(d) The provisions of K.S.A. 17-7509, and amendments thereto, relating to penalties for
failure of a corporation to file an annual report or pay the required franchise tax, and the
provisions of subsection (a) of K.S.A. 17-7510, and amendments thereto, relating to penalties
for failure of a corporation to file an annual report or pay the required franchise tax, shall
be applicable to the statement of foreign qualification of any foreign limited liability
partnership which fails to file its annual report or pay the franchise tax within 90 days of
the time prescribed in this section for filing and paying the same. Whenever the statement
of foreign qualification of a foreign limited liability partnership is forfeited for failure to file
an annual report or to pay the required franchise tax, the statement of foreign qualification
of the foreign limited liability partnership may be reinstated by filing a certificate of
reinstatement, in the manner and form to be prescribed by the secretary of state and paying
to the secretary of state all fees and taxes, including any penalties thereon, due to the state.
The fee for filing a certificate of reinstatement shall be the same as that prescribed by K.S.A.
17-7506, and amendments thereto, for filing a certificate of extension, restoration, renewal
or revival of a corporation's articles of incorporation.'';
And by renumbering sections 2 and 3 as sections 10 and 11;
On page 4, after line 43, by inserting the following:
``Sec. 12. On and after January 1, 2001, K.S.A. 1999 Supp. 17-7503, 17-7505, 17-
76,139, 45-221, 56-1a-606, 56-1a-607, 56a-1201 and 56a-1202 are hereby repealed.'';
And by renumbering section 4 as section 13;
On page 1, in the title, in line 14, by striking ``service of process;''; in line 15, before
``amending'' by inserting ``service of process; annual reports; annual franchise tax;''; in line
16, after ``Supp.'' by inserting ``17-7503, 17-7505,''; also in line 16, after ``17-7667'' by
inserting ``, 17-76,139, 45-221, 56-1a-606, 56-1a-607, 56a-1201 and 56a-1202'';
\ And your committee on conference recommends the adoption of this report.
Michael R. O'Neal
Tim Carmody
Conferees on the part of House
Tim Emert
John Vratil
Greta Goodwin
Conferees on part of Senate
Senator Emert moved the Senate adopt the Conference Committee Report on SB 483.
On roll call, the vote was: Yeas 37, Nays 0, Present and Passing 0, Absent or Not Voting
3.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones, Jordan,
Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vratil.
Absent or Not Voting: Corbin, Hardenburger, Vidricksen.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to House Substitute for SB 504, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed, with House Committee of the Whole
amendments, as follows:
On page 2, in line 36, after the stricken material, by inserting ``within the county''; in line
39, after ``place'', by inserting ``within the county''; in line 41, by striking ``, and within the
county'';
On page 4, in line 42, by striking ``K.S.A. 61-1720'' and inserting ``section 17'';
On page 7, in line 38, by striking ``by K.S.A. 60-903, 60-2401 or 60-3104, and amendments
thereto,''; in line 41, by striking all after ``clerk''; in line 42, by striking ``(d)'';
On page 8, in line 34, by striking ``plaintiff'' and inserting ``party'';
On page 19, in line 38, before ``shall'' by inserting ``and the provisions of article 7 of
chapter 60 of the Kansas Statutes Annotated relating to the attachment of real property,'';
Also on page 19, in line 42, before ``property'' by inserting ``intangible'';
On page 20, in line 24, before ``property'' by inserting ``intangible''; in line 41, before
``property'' by inserting ``intangible'';
On page 25, in line 9, before ``property'' by inserting ``intangible''; in line 15, by striking
``send'' and inserting ``file''; also in line 15, by striking ``to'' the second time it appears and
inserting ``with''; in line 27, by striking all after ``to''; in line 28, by striking all before ``each'';
On page 26, in line 6, after ``clerk'' by inserting ``or the garnishee''; in line 10, by striking
the comma and inserting ``and''; by striking all after ``garnishee''; in line 11, by striking
``clerk''; in line 24, by striking ``clerk of the''; in line 25, by striking ``clerk''; in line 26, by
striking ``of the''; by striking all in line 30; in line 31, by striking all before the period and
inserting ``provisions of section 46, and amendments thereto, relating to attachment shall
be applicable'';
On page 27, in line 2, by striking all after ``to''; in line 3, by striking all before ``all''; in
line 6, before the period, by inserting ``, unless the garnishee receives prior to such payment
an order of the court to the contrary''; in line 7, by striking ``to the''; in line 8, by striking
all before ``pro-rata''; in line 10, by striking ``court'' and inserting ``judgment creditors''; in
line 15, by striking ``sections 7 through 18'' and inserting ``section 13''; in line 28, by striking
``sections 7 through''; in line 29, by striking ``18'' and inserting ``section 13'';
On page 29, in line 7, by striking ``66'' and inserting ``65'';
On page 30, in line 19, by striking ``deceased or incompetent'';
\ And your committee on conference recommends the adoption of this report.
Michael R. O'Neal
Tim Carmody
Janice L. Pauls
Conferees on the part of House
Tim Emert
John Vratil
Greta Goodwin
Conferees on part of Senate
Senator Emert moved the Senate adopt the Conference Committee Report on H Sub
for SB 504.
On roll call, the vote was: Yeas 37, Nays 0, Present and Passing 0, Absent or Not Voting
3.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones, Jordan,
Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vratil.
Absent or Not Voting: Corbin, Hardenburger, Vidricksen.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2805, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with Senate Committee
amendments, as follows:
On page 1, in line 19, before ``Section'' by inserting ``New'';
On page 5, before line 40, by inserting the following:
``New Sec. 2. (a) No person, whether convicted or being held on suspicion of charges,
who is incarcerated by the state or any political subdivision thereof shall be released from
custody until the custodian of such person has queried available state and federal criminal
databases to determine whether there are any outstanding warrants for such person's arrest.
(b) This section shall be part of and supplemental to the Kansas code of criminal
procedure.
Sec. 3. K.S.A. 1999 Supp. 12-4117 is hereby amended to read as follows: 12-4117. (a)
On and after July 1, 1996, in each case filed in municipal court charging a criminal or public
offense or charging an offense defined to be a moving violation by rules and regulations
adopted pursuant to K.S.A. 8-249 and amendments thereto crime other than a nonmoving
traffic violation, where there is a finding of guilty or a plea of guilty, a plea of no contest,
forfeiture of bond or a diversion, a sum in an amount of $7 shall be assessed and such
assessment shall be credited as follows:
(1) During the period commencing July 1, 1996, and ending June 30, 1997, $1 to the
local law enforcement training reimbursement fund established pursuant to K.S.A. 74-5620
and amendments thereto, $4 to the law enforcement training center fund established
pursuant to K.S.A. 74-5619 and amendments thereto, $.50 to the protection from abuse
fund established pursuant to K.S.A. 74-7325 and amendments thereto and $.50 to the crime
victims assistance fund established pursuant to K.S.A. 74-7334 and amendments thereto;
(2) on and after July 1, 1997, $1 to the local law enforcement training reimbursement
fund established pursuant to K.S.A. 74-5620 and amendments thereto, $2 to the law
enforcement training center fund established pursuant to K.S.A. 74-5619 and amendments
thereto, $2 to the juvenile detention facilities fund established pursuant to K.S.A. 79-4803
and amendments thereto to be expended for operational costs of facilities for the detention
of juveniles, $.50 to the protection from abuse fund established pursuant to K.S.A. 74-7325
and amendments thereto and $.50 to the crime victims assistance fund established pursuant
to K.S.A. 74-7334 and amendments thereto; and
(3) on and after July 1, 1999, $1 to the trauma fund established pursuant to K.S.A. 1999
Supp. 75-5670, and amendments thereto.
(b) The judge or clerk of the municipal court shall remit at least monthly the appropriate
assessments received pursuant to this section to the state treasurer for deposit in the state
treasury to the credit of the local law enforcement training reimbursement fund, the law
enforcement training center fund, the juvenile detention facilities fund, the crime victims
assistance fund and the trauma fund as provided in this section.
(c) For the purpose of determining the amount to be assessed according to this section,
if more than one complaint is filed in the municipal court against one individual arising out
of the same incident, all such complaints shall be considered as one case.
Sec. 4. K.S.A. 21-3415 is hereby amended to read as follows: 21-3415. (a) Aggravated
battery against a law enforcement officer is: (1) An aggravated battery, as defined in
subsection (a)(1)(A) of K.S.A. 21-3414 and amendments thereto, committed against a
uniformed or properly identified state, county, or city, law enforcement officer while the
officer is engaged in the performance of the officer's duty; or
(2) an aggravated battery, as defined in subsection (a)(1)(B) or (a)(1)(C) of K.S.A. 21-
3414 and amendments thereto, committed against a uniformed or properly identified state,
county, or city, law enforcement officer while the officer is engaged in the performance of
the officer's duty; or
(3) intentionally causing bodily harm to a uniformed or properly identified state, county
or city law enforcement officer with a motor vehicle, while the officer is engaged in the
performance of the officer's duty.
(b) (1) Aggravated battery against a law enforcement officer as described in subsection
(a)(1) or (a)(3) is a severity level 3, person felony.
(2) Aggravated battery against a law enforcement officer as described in subsection
(a)(2) is a severity level 6, person felony.
(3) A person convicted of aggravated battery against a law enforcement officer shall be
subject to the provisions of subsection (g) of K.S.A. 21-4704 and amendments thereto.
Sec. 5. K.S.A. 21-3438 is hereby amended to read as follows: 21-3438. (a) Stalking is
an intentional, malicious and repeated following or harassment of another person and
making a credible threat with the intent to place such person in reasonable fear for such
person's safety.
Stalking is a severity level 10, person felony.
(b) Any person who violates subsection (a) when there is a temporary restraining order
or an injunction, or both, in effect prohibiting the behavior described in subsection (a)
against the same person, is guilty of a severity level 9, person felony.
(c) Any person who has a second or subsequent conviction occurring against such
person, within seven years of a prior conviction under subsection (a) involving the same
victim, is guilty of a severity level 8, person felony.
(d) For the purposes of this section: (1) ``Course of conduct'' means a pattern of conduct
composed of a series of acts over a period of time, however short, evidencing a continuity
of purpose and which would cause a reasonable person to suffer substantial emotional
distress, and must actually cause substantial emotional distress to the person.
Constitutionally protected activity is not included within the meaning of ``course of conduct.''
(2) ``Harassment means a knowing and intentional course of conduct directed at a
specific person that seriously alarms, annoys, torments or terrorizes the person, and that
serves no legitimate purpose.
(3) ``Credible threat'' means a verbal or written threat, including that which is
communicated via electronic means, or a threat implied by a pattern of conduct or a
combination of verbal or written statements and conduct made with the intent and the
apparent ability to carry out the threat so as to cause the person who is the target of the
threat to reasonably fear for such person's safety. The present incarceration of a person
making the threat shall not be a bar to prosecution under this section.
(4) ``Electronic means'' includes, but is not limited to, telephones, cellular phones,
computers, video recorders, fax machines, pagers and computer networks.
Sec. 6. K.S.A. 21-3718 is hereby amended to read as follows: 21-3718. (a) Arson is
knowingly, by means of fire or explosive:
(1) Damaging any building or property which is a dwelling in which another person has
any interest without the consent of such other person; or
(2) damaging any building or property which is a dwelling with intent to injure or
defraud an insurer or lienholder.;
(3) damaging any building or property which is not a dwelling in which another person
has any interest without the consent of such other person; or
(4) damaging any building or property which is not a dwelling with intent to injure or
defraud an insurer or lienholder.
(b) (1) Arson, as described in subsections (a)(1) or (2), is a severity level 5 6, nonperson
person felony if the property is damaged to the extent of $50,000 or more.
(2) Arson, as described in subsections (a)(3) or (4), is a severity level 6 7, nonperson
felony if the property is damaged to the extent of at least $25,000 but less than $50,000.
(3) Arson is a severity level 7, nonperson felony if the property is damaged to the extent
of less than $25,000.
Sec. 7. K.S.A. 21-4001 is hereby amended to read as follows: 21-4001. (a)
Eavesdropping is knowingly and without lawful authority:
(1) Entering into a private place with intent to listen surreptitiously to private
conversations or to observe the personal conduct of any other person or persons therein;
(2) Installing or using outside a private place any device for hearing, recording,
amplifying or broadcasting sounds originating in such place, which sounds would not
ordinarily be audible or comprehensible outside, without the consent of the person or
persons entitled to privacy therein; or
(3) Installing or using any device or equipment for the interception of any telephone,
telegraph or other wire communication without the consent of the person in possession or
control of the facilities for such wire communication.; or
(4) installing or using a concealed camcorder, motion picture camera or photographic
camera of any type, to secretly videotape, film, photograph or record by electronic means,
another, identifiable person under or through the clothing being worn by that other person
or another, identifiable person who is nude or in a state of undress, for the purpose of viewing
the body of, or the undergarments worn by, that other person, without the consent or
knowledge of that other person, with the intent to invade the privacy of that other person,
under circumstances in which the other person has a reasonable expectation of privacy.
(b) A ``private place'' within the meaning of this section is a place where one may
reasonably expect to be safe from uninvited intrusion or surveillance, but does not include
a place to which the public has lawful access.
(c) It shall not be unlawful for an operator of a switchboard, or any officer, employee,
or agent of any public utility providing telephone communications service, whose facilities
are used in the transmission of a communication, to intercept, disclose or use that
communication in the normal course of employment while engaged in any activity which is
incident to the rendition of public utility service or to the protection of the rights of property
of such public utility.
(d) Eavesdropping is a class A nonperson misdemeanor.
Sec. 8. K.S.A. 1999 Supp. 21-4018 is hereby amended to read as follows: 21-4018. (a)
Identity theft is knowingly and with intent to defraud for economic benefit, obtaining,
possessing, transferring, using or attempting to obtain, possess, transfer or use, one or more
identification documents or personal identification number of another person other than
that issued lawfully for the use of the possessor.
(b) ``Identification documents'' means the definition as provided in K.S.A. 21-3830, and
amendments thereto.
(c) Identity theft is a class A person misdemeanor severity level 7, person felony.
(d) This section shall be part of and supplemental to the Kansas criminal code.
Sec. 9. K.S.A. 1999 Supp. 21-4716 is hereby amended to read as follows: 21-4716. (a)
The sentencing judge shall impose the presumptive sentence provided by the sentencing
guidelines for crimes committed on or after July 1, 1993, unless the judge finds substantial
and compelling reasons to impose a departure. If the sentencing judge departs from the
presumptive sentence, the judge shall state on the record at the time of sentencing the
substantial and compelling reasons for the departure.
(b) (1) Subject to the provisions of subsection (b)(3), the following nonexclusive list of
mitigating factors may be considered in determining whether substantial and compelling
reasons for a departure exist:
(A) The victim was an aggressor or participant in the criminal conduct associated with
the crime of conviction.
(B) The offender played a minor or passive role in the crime or participated under
circumstances of duress or compulsion. This factor is not sufficient as a complete defense.
(C) The offender, because of physical or mental impairment, lacked substantial capacity
for judgment when the offense was committed. The voluntary use of intoxicants, drugs or
alcohol does not fall within the purview of this factor.
(D) The defendant, or the defendant's children, suffered a continuing pattern of
physical or sexual abuse by the victim of the offense and the offense is a response to that
abuse.
(E) The degree of harm or loss attributed to the current crime of conviction was
significantly less than typical for such an offense.
(2) Subject to the provisions of subsection (b)(3), the following nonexclusive list of
aggravating factors may be considered in determining whether substantial and compelling
reasons for departure exist:
(A) The victim was particularly vulnerable due to age, infirmity, or reduced physical or
mental capacity which was known or should have been known to the offender.
(B) The defendant's conduct during the commission of the current offense manifested
excessive brutality to the victim in a manner not normally present in that offense.
(C) The offense was motivated entirely or in part by the race, color, religion, ethnicity,
national origin or sexual orientation of the victim.
(D) The offense involved a fiduciary relationship which existed between the defendant
and the victim.
(E) The defendant, 18 or more years of age, employed, hired, used, persuaded, induced,
enticed or coerced any individual under 16 years of age to commit or assist in avoiding
detection or apprehension for commission of any person felony or any attempt, conspiracy
or solicitation as defined in K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto
to commit any person felony regardless of whether the defendant knew the age of the
individual under 16 years of age.
(F) The defendant's current crime of conviction is a crime of extreme sexual violence
and the defendant is a predatory sex offender. As used in this subsection:
(i) ``Crime of extreme sexual violence'' is a felony limited to the following:
(a) A crime involving a nonconsensual act of sexual intercourse or sodomy with any
person;
(b) a crime involving an act of sexual intercourse, sodomy or lewd fondling and touching
with any child who is 14 or more years of age but less than 16 years of age and with whom
a relationship has been established or promoted for the primary purpose of victimization;
or
(c) a crime involving an act of sexual intercourse, sodomy or lewd fondling and touching
with any child who is less than 14 years of age.
(ii) ``Predatory sex offender'' is an offender who has been convicted of a crime of extreme
sexual violence as the current crime of conviction and who:
(a) Has one or more prior convictions of any crimes of extreme sexual violence. Any
prior conviction used to establish the defendant as a predatory sex offender pursuant to this
subsection shall also be counted in determining the criminal history category; or
(b) suffers from a mental condition or personality disorder which makes the offender
likely to engage in additional acts constituting crimes of extreme sexual violence.
(iii) ``Mental condition or personality disorder'' means an emotional, mental or physical
illness, disease, abnormality, disorder, pathology or condition which motivates the person,
affects the predisposition or desires of the person, or interferes with the capacity of the
person to control impulses to commit crimes of extreme sexual violence.
(G) The defendant was incarcerated during the commission of the offense.
In determining whether aggravating factors exist as provided in this section, the court
shall review the victim impact statement.
(3) If a factual aspect of a crime is a statutory element of the crime or is used to
subclassify the crime on the crime severity scale, that aspect of the current crime of
conviction may be used as an aggravating or mitigating factor only if the criminal conduct
constituting that aspect of the current crime of conviction is significantly different from the
usual criminal conduct captured by the aspect of the crime.
(c) In determining aggravating or mitigating circumstances, the court shall consider:
(1) Any evidence received during the proceeding;
(2) the presentence report;
(3) written briefs and oral arguments of either the state or counsel for the defendant;
and
(4) any other evidence relevant to such aggravating or mitigating circumstances that the
court finds trustworthy and reliable.
Sec. 10. K.S.A. 21-4717 is hereby amended to read as follows: 21-4717. (a) The
following aggravating factors, which apply to drug crimes committed on or after July 1, 1993,
under the sentencing guidelines system, may be considered in determining whether
substantial and compelling reasons for departure exist:
(1) The crime was committed as part of a major organized drug manufacture,
production, cultivation or delivery activity. Two or more of the following nonexclusive factors
constitute evidence of major organized drug manufacture, production, cultivation or delivery
activity:
(A) The offender derived a substantial amount of money or asset ownership from the
illegal drug sale activity.
(B) The presence of a substantial quantity or variety of weapons or explosives at the
scene of arrest or associated with the illegal drug activity.
(C) The presence of drug transaction records or customer lists that indicate a drug sale
activity of major size.
(D) The presence of manufacturing or distribution materials such as, but not limited
to, drug recipes, precursor chemicals, laboratory equipment, lighting, irrigation systems,
ventilation, power-generation, scales or packaging material.
(E) Building acquisitions or building modifications including but not limited to painting,
wiring, plumbing or lighting which advanced or facilitated the commission of the offense.
(F) Possession of large amounts of illegal drugs or substantial quantities of controlled
substances.
(G) A showing that the offender has engaged in repeated criminal acts associated with
the manufacture, production, cultivation or delivery of controlled substances.
(2) The offender possessed illegal drugs:
(A) With intent to sell, which were sold or were offered for sale to a person under 18
years of age; or
(B) with the intent to sell, deliver or distribute or which were sold or offered for sale
in the immediate presence of a person under 18 years of age.
(3) The offender, 18 or more years of age, employs, hires, uses, persuades, induces,
entices or coerces any individual under 16 years of age to violate or assist in avoiding
detection or apprehension for violation of any provision of the uniform controlled substances
act, K.S.A. 65-4101 et seq. and amendments thereto or any attempt, conspiracy or solicitation
as defined in K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto to commit a
violation of any provision of the uniform controlled substances act regardless of whether
the offender knew the age of the individual under 16 years of age.
(4) The offender was incarcerated during the commission of the offense.
(b) In determining whether aggravating factors exist as provided in this section, the
court shall review the victim impact statement.
Sec. 11. K.S.A. 1999 Supp. 22-3717 is hereby amended to read as follows: 22-3717. (a)
Except as otherwise provided by this section, K.S.A. 1993 Supp. 21-4628 prior to its repeal
and K.S.A. 21-4635 through 21-4638 and amendments thereto, an inmate, including an
inmate sentenced pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for
parole after serving the entire minimum sentence imposed by the court, less good time
credits.
(b) (1) Except as provided by K.S.A. 21-4635 through 21-4638 and amendments
thereto, an inmate sentenced to imprisonment for the crime of capital murder, or an inmate
sentenced for the crime of murder in the first degree based upon a finding of premeditated
murder, committed on or after July 1, 1994, shall be eligible for parole after serving 25 years
of confinement, without deduction of any good time credits.
(2) Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993 Supp. 21-4628 prior
to its repeal and K.S.A. 21-4635 through 21-4638, and amendments thereto, an inmate
sentenced to imprisonment for an off-grid offense committed on or after July 1, 1993, but
prior to July 1, 1999, shall be eligible for parole after serving 15 years of confinement,
without deduction of any good time credits and an inmate sentenced to imprisonment for
an off-grid offense committed on or after July 1, 1999, shall be eligible for parole after
serving 20 years of confinement without deduction of any good time credits.
(3) Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its repeal, an inmate
sentenced for a class A felony committed before July 1, 1993, including an inmate sentenced
pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for parole after serving
15 years of confinement, without deduction of any good time credits.
(4) An inmate sentenced to imprisonment for a violation of subsection (a) of K.S.A. 21-
3402 and amendments thereto committed on or after July 1, 1996, but prior to July 1, 1999,
shall be eligible for parole after serving 10 years of confinement without deduction of any
good time credits.
(c) Except as provided in subsection (e), if an inmate is sentenced to imprisonment for
more than one crime and the sentences run consecutively, the inmate shall be eligible for
parole after serving the total of:
(1) The aggregate minimum sentences, as determined pursuant to K.S.A. 21-4608 and
amendments thereto, less good time credits for those crimes which are not class A felonies;
and
(2) an additional 15 years, without deduction of good time credits, for each crime which
is a class A felony.
(d) (1) Persons sentenced for crimes, other than off-grid crimes, committed on or after
July 1, 1993, will not be eligible for parole, but will be released to a mandatory period of
postrelease supervision upon completion of the prison portion of their sentence as follows:
(A) Except as provided in subparagraphs (C) and (D), persons sentenced for nondrug
severity level 1 through 6 crimes and drug severity levels 1 through 3 crimes must serve 36
months, plus the amount of good time earned and retained pursuant to K.S.A. 21-4722 and
amendments thereto, on postrelease supervision.
(B) Except as provided in subparagraphs (C) and (D), persons sentenced for nondrug
severity level 7 through 10 crimes and drug severity level 4 crimes must serve 24 months,
plus the amount of good time earned and retained pursuant to K.S.A. 21-4722 and
amendments thereto, on postrelease supervision.
(C) (i) The sentencing judge shall impose the postrelease supervision period provided
in subparagraph (d)(1)(A) or (d)(1)(B), unless the judge finds substantial and compelling
reasons to impose a departure based upon a finding that the current crime of conviction
was sexually violent or sexually motivated. In that event, departure may be imposed to extend
the postrelease supervision to a period of up to 60 months.
(ii) If the sentencing judge departs from the presumptive postrelease supervision period,
the judge shall state on the record at the time of sentencing the substantial and compelling
reasons for the departure. Departures in this section are subject to appeal pursuant to K.S.A.
21-4721 and amendments thereto.
(iii) In determining whether substantial and compelling reasons exist, the court shall
consider:
(a) Written briefs or oral arguments submitted by either the defendant or the state;
(b) any evidence received during the proceeding;
(c) the presentence report, the victim's impact statement and any psychological
evaluation as ordered by the court pursuant to subsection (e) of K.S.A. 21-4714 and
amendments thereto; and
(d) any other evidence the court finds trustworthy and reliable.
(iv) The sentencing judge may order that a psychological evaluation be prepared and
the recommended programming be completed by the offender. The department of
corrections or the parole board shall ensure that court ordered sex offender treatment be
carried out.
(v) In carrying out the provisions of subparagraph (d)(1)(C), the court shall refer to
K.S.A. 21-4718 and amendments thereto.
(vi) Upon petition, the parole board may provide for early discharge from the
postrelease supervision period upon completion of court ordered programs and completion
of the presumptive postrelease supervision period, as determined by the crime of conviction,
pursuant to subparagraph (d)(1)(A) or (B). Early discharge from postrelease supervision is
at the discretion of the parole board.
(vii) Persons convicted of crimes deemed sexually violent or sexually motivated, shall
be registered according to the habitual sex offender registration act, K.S.A. 22-4901 through
22-4910 and amendments thereto.
(D) The period of postrelease supervision provided in subparagraphs (A) and (B) may
be reduced by up to 12 months based on the offender's compliance with conditions of
supervision and overall performance while on postrelease supervision. The reduction in the
supervision period shall be on an earned basis pursuant to rules and regulations adopted by
the secretary of corrections.
(E) In cases where sentences for crimes from more than one severity level have been
imposed, the offender shall serve the longest period of postrelease supervision as provided
by this section available for any crime upon which sentence was imposed irrespective of the
severity level of the crime. Supervision periods will not aggregate.
(2) As used in this section, ``sexually violent crime'' means:
(A) Rape, K.S.A. 21-3502, and amendments thereto;
(B) indecent liberties with a child, K.S.A. 21-3503, and amendments thereto;
(C) aggravated indecent liberties with a child, K.S.A. 21-3504, and amendments thereto;
(D) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505 and amendments
thereto;
(E) aggravated criminal sodomy, K.S.A. 21-3506, and amendments thereto;
(F) indecent solicitation of a child, K.S.A. 21-3510, and amendments thereto;
(G) aggravated indecent solicitation of a child, K.S.A. 21-3511, and amendments
thereto;
(H) sexual exploitation of a child, K.S.A. 21-3516, and amendments thereto;
(I) aggravated sexual battery, K.S.A. 21-3518, and amendments thereto;
(J) any conviction for a felony offense in effect at any time prior to the effective date
of this act, that is comparable to a sexually violent crime as defined in subparagraphs (A)
through (I), or any federal or other state conviction for a felony offense that under the laws
of this state would be a sexually violent crime as defined in this section;
(K) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-
3302, 21-3303, and amendments thereto, of a sexually violent crime as defined in this
section; or
(L) any act which at the time of sentencing for the offense has been determined beyond
a reasonable doubt to have been sexually motivated. As used in this subparagraph, ``sexually
motivated'' means that one of the purposes for which the defendant committed the crime
was for the purpose of the defendant's sexual gratification.
(e) If an inmate is sentenced to imprisonment for a crime committed while on parole
or conditional release, the inmate shall be eligible for parole as provided by subsection (c),
except that the Kansas parole board may postpone the inmate's parole eligibility date by
assessing a penalty not exceeding the period of time which could have been assessed if the
inmate's parole or conditional release had been violated for reasons other than conviction
of a crime.
(f) If a person is sentenced to prison for a crime committed on or after July 1, 1993,
while on probation, parole, conditional release or in a community corrections program, for
a crime committed prior to July 1, 1993, and the person is not eligible for retroactive
application of the sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
4724 and amendments thereto, 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. 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 expiration 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 that those offenders
whose old sentence is a term of imprisonment for life, imposed pursuant to K.S.A. 1993
Supp. 21-4628 prior to its repeal, or an indeterminate sentence with a maximum term of
life imprisonment, for which there is no conditional release or maximum sentence expiration
date, shall remain on postrelease supervision for life or until discharged from supervision
by the Kansas parole board.
(g) Subject to the provisions of this section, the Kansas parole board may release on
parole those persons confined in institutions who are eligible for parole when: (1) The board
believes that the inmate should be released for hospitalization, for deportation or to answer
the warrant or other process of a court and is of the opinion that there is reasonable
probability that the inmate can be released without detriment to the community or to the
inmate; or (2) the secretary of corrections has reported to the board in writing that the
inmate has satisfactorily completed the programs required by any agreement entered under
K.S.A. 75-5210a and amendments thereto, or any revision of such agreement, and the board
believes that the inmate is able and willing to fulfill the obligations of a law abiding citizen
and is of the opinion that there is reasonable probability that the inmate can be released
without detriment to the community or to the inmate. Parole shall not be granted as an
award of clemency and shall not be considered a reduction of sentence or a pardon.
(h) The Kansas parole board shall hold a parole hearing at least the month prior to the
month an inmate will be eligible for parole under subsections (a), (b) and (c). At least the
month preceding the parole hearing, the county or district attorney of the county where the
inmate was convicted shall give written notice of the time and place of the public comment
sessions for the inmate to any victim of the inmate's crime who is alive and whose address
is known to the county or district attorney or, if the victim is deceased, to the victim's family
if the family's address is known to the county or district attorney. Except as otherwise
provided, failure to notify pursuant to this section shall not be a reason to postpone a parole
hearing. In the case of any inmate convicted of a class A felony the secretary of corrections
shall give written notice of the time and place of the public comment session for such inmate
at least one month preceding the public comment session to any victim of such inmate's
crime or the victim's family pursuant to K.S.A. 74-7338 and amendments thereto. If
notification is not given to such victim or such victim's family in the case of any inmate
convicted of a class A felony, the board shall postpone a decision on parole of the inmate
to a time at least 30 days after notification is given as provided in this section. Nothing in
this section shall create a cause of action against the state or an employee of the state acting
within the scope of the employee's employment as a result of the failure to notify pursuant
to this section. If granted parole, the inmate may be released on parole on the date specified
by the board, but not earlier than the date the inmate is eligible for parole under subsections
(a), (b) and (c). At each parole hearing and, if parole is not granted, at such intervals
thereafter as it determines appropriate, the Kansas parole board shall consider: (1) Whether
the inmate has satisfactorily completed the programs required by any agreement entered
under K.S.A. 75-5210a and amendments thereto, or any revision of such agreement; and
(2) all pertinent information regarding such inmate, including, but not limited to, the
circumstances of the offense of the inmate; the presentence report; the previous social
history and criminal record of the inmate; the conduct, employment, and attitude of the
inmate in prison; the reports of such physical and mental examinations as have been made;
comments of the victim and the victim's family including in person comments,
contemporaneous comments and prerecorded comments made by any technological means;
comments of the public; official comments; and capacity of state correctional institutions.
(i) In those cases involving inmates sentenced for a crime committed after July 1, 1993,
the parole board will review the inmates proposed release plan. The board may schedule a
hearing if they desire. The board may impose any condition they deem necessary to insure
public safety, aid in the reintegration of the inmate into the community, or items not
completed under the agreement entered into under K.S.A. 75-5210a and amendments
thereto. The board may not advance or delay an inmate's release date. Every inmate while
on postrelease supervision shall remain in the legal custody of the secretary of corrections
and is subject to the orders of the secretary.
(j) Before ordering the parole of any inmate, the Kansas parole board shall have the
inmate appear before either in person or via a video conferencing format and shall interview
the inmate unless impractical because of the inmate's physical or mental condition or
absence from the institution. Every inmate while on parole shall remain in the legal custody
of the secretary of corrections and is subject to the orders of the secretary. Whenever the
Kansas parole board formally considers placing an inmate on parole and no agreement has
been entered into with the inmate under K.S.A. 75-5210a and amendments thereto, the
board shall notify the inmate in writing of the reasons for not granting parole. If an
agreement has been entered under K.S.A. 75-5210a and amendments thereto and the
inmate has not satisfactorily completed the programs specified in the agreement, or any
revision of such agreement, the board shall notify the inmate in writing of the specific
programs the inmate must satisfactorily complete before parole will be granted. If parole is
not granted only because of a failure to satisfactorily complete such programs, the board
shall grant parole upon the secretary's certification that the inmate has successfully
completed such programs. If an agreement has been entered under K.S.A. 75-5210a and
amendments thereto and the secretary of corrections has reported to the board in writing
that the inmate has satisfactorily completed the programs required by such agreement, or
any revision thereof, the board shall not require further program participation. However, if
the board determines that other pertinent information regarding the inmate warrants the
inmate's not being released on parole, the board shall state in writing the reasons for not
granting the parole. If parole is denied for an inmate sentenced for a crime other than a
class A or class B felony or an off-grid felony, the board shall hold another parole hearing
for the inmate not later than one year after the denial unless the parole board finds that it
is not reasonable to expect that parole would be granted at a hearing if held in the next
three years or during the interim period of a deferral. In such case, the parole board may
defer subsequent parole hearings for up to three years but any such deferral by the board
shall require the board to state the basis for its findings. If parole is denied for an inmate
sentenced for a class A or class B felony or an off-grid felony, the board shall hold another
parole hearing for the inmate not later than three years after the denial unless the parole
board finds that it is not reasonable to expect that parole would be granted at a hearing if
held in the next 10 years or during the interim period of a deferral. In such case, the parole
board may defer subsequent parole hearings for up to 10 years but any such deferral shall
require the board to state the basis for its findings.
(k) Parolees and persons on postrelease supervision shall be assigned, upon release, to
the appropriate level of supervision pursuant to the criteria established by the secretary of
corrections.
(l) The Kansas parole board shall adopt rules and regulations in accordance with K.S.A.
77-415 et seq., and amendments thereto, not inconsistent with the law and as it may deem
proper or necessary, with respect to the conduct of parole hearings, postrelease supervision
reviews, revocation hearings, orders of restitution, reimbursement of expenditures by the
state board of indigents' defense services and other conditions to be imposed upon parolees
or releasees. Whenever an order for parole or postrelease supervision is issued it shall recite
the conditions thereof.
(m) Whenever the Kansas parole board orders the parole of an inmate or establishes
conditions for an inmate placed on postrelease supervision, the board:
(1) Unless it finds compelling circumstances which would render a plan of payment
unworkable, shall order as a condition of parole or postrelease supervision that the parolee
or the person on postrelease supervision pay any transportation expenses resulting from
returning the parolee or the person on postrelease supervision to this state to answer criminal
charges or a warrant for a violation of a condition of probation, assignment to a community
correctional services program, parole, conditional release or postrelease supervision;
(2) to the extent practicable, shall order as a condition of parole or postrelease
supervision that the parolee or the person on postrelease supervision make progress towards
or successfully complete the equivalent of a secondary education if the inmate has not
previously completed such educational equivalent and is capable of doing so;
(3) may order that the parolee or person on postrelease supervision perform community
or public service work for local governmental agencies, private corporations organized not-
for-profit or charitable or social service organizations performing services for the
community;
(4) may order the parolee or person on postrelease supervision to pay the administrative
fee imposed pursuant to K.S.A. 1999 Supp. 22-4529 unless the board finds compelling
circumstances which would render payment unworkable; and
(5) unless it finds compelling circumstances which would render a plan of payment
unworkable, shall order that the parolee or person on postrelease supervision reimburse the
state for all or part of the expenditures by the state board of indigents' defense services to
provide counsel and other defense services to the person. In determining the amount and
method of payment of such sum, the parole board shall take account of the financial
resources of the person and the nature of the burden that the payment of such sum will
impose. Such amount shall not exceed the amount claimed by appointed counsel on the
payment voucher for indigents' defense services or the amount prescribed by the board of
indigents' defense services reimbursement tables as provided in K.S.A. 22-4522 and
amendments thereto, whichever is less, minus any previous payments for such services.
(n) If the court which sentenced an inmate specified at the time of sentencing the
amount and the recipient of any restitution ordered as a condition of parole or postrelease
supervision, the Kansas parole board shall order as a condition of parole or postrelease
supervision that the inmate pay restitution in the amount and manner provided in the journal
entry unless the board finds compelling circumstances which would render a plan of
restitution unworkable.
(o) Whenever the Kansas parole board grants the parole of an inmate, the board, within
10 days of the date of the decision to grant parole, shall give written notice of the decision
to the county or district attorney of the county where the inmate was sentenced.
(p) When an inmate is to be released on postrelease supervision, the secretary, within
30 days prior to release, shall provide the county or district attorney of the county where
the inmate was sentenced written notice of the release date.
(q) Inmates shall be released on postrelease supervision upon the termination of the
prison portion of their sentence. Time served while on postrelease supervision will vest.
(r) An inmate who is allocated regular good time credits as provided in K.S.A. 22-3725
and amendments thereto may receive meritorious good time credits in increments of not
more than 90 days per meritorious act. These credits may be awarded by the secretary of
corrections when an inmate has acted in a heroic or outstanding manner in coming to the
assistance of another person in a life threatening situation, preventing injury or death to a
person, preventing the destruction of property or taking actions which result in a financial
savings to the state.
Sec. 12. K.S.A. 50-718 is hereby amended to read as follows: 50-718. Any person who
knowingly and willfully obtains information on a consumer from a consumer reporting
agency under false pretenses shall be deemed is guilty of a class A misdemeanor severity
level 7, person felony and upon conviction thereof shall be punished in the manner provided
by law.
Sec. 13. K.S.A. 50-719 is hereby amended to read as follows: 50-719. Any officer or
employee of a consumer reporting agency who knowingly and willfully provides information
concerning an individual from the agency's files to a person not authorized to receive that
information shall be deemed is guilty of a class A misdemeanor severity level 7, person
felony and upon conviction thereof shall be punished in the manner provided by law.
Sec. 14. K.S.A. 75-5220 is hereby amended to read as follows: 75-5220. (a) Except as
provided in subsection (d), within three days of receipt of the notice provided for in K.S.A.
75-5218 and amendments thereto, the secretary of corrections shall notify the sheriff having
such offender in custody to convey such offender immediately to the Topeka correctional
facility department of corrections reception and diagnostic unit or if space is not available
at such facility, then to some other state correctional institution until space at the facility is
available, except that, in the case of first offenders who are conveyed to a state correctional
institution other than the Topeka correctional facility reception and diagnostic unit, such
offenders shall be segregated from the inmates of such correctional institution who are not
being held in custody at such institution pending transfer to the Topeka correctional facility
reception and diagnostic unit when space is available therein. The expenses of any such
conveyance shall be charged against and paid out of the general fund of the county whose
sheriff conveys the offender to the institution as provided in this subsection.
(b) Any female offender sentenced according to the provisions of K.S.A. 75-5229 and
amendments thereto shall be conveyed by the sheriff having such offender in custody
directly to a correctional institution designated by the secretary of corrections, subject to
the provisions of K.S.A. 75-52,134 and amendments thereto. The expenses of such
conveyance to the designated institution shall be charged against and paid out of the general
fund of the county whose sheriff conveys such female offender to such institution.
(c) Each offender conveyed to a state correctional institution pursuant to this section
shall be accompanied by the record of the offender's trial and conviction as prepared by the
clerk of the district court in accordance with K.S.A. 75-5218 and amendments thereto.
(d) If the offender in the custody of the secretary is a juvenile, as described in K.S.A.
38-16,111, and amendments thereto, such juvenile shall not be transferred to the state
reception and diagnostic center until such time as such juvenile is to be transferred from a
juvenile correctional facility to a department of corrections institution or facility.
Sec. 15. K.S.A. 21-3415, 21-3438, 21-3718, 21-4001, 21-4717, 50-718, 50-719 and 75-
5220 and K.S.A. 1999 Supp. 12-4117, 21-4018, 21-4716 and 22-3717 are hereby repealed.'';
And by renumbering the remaining section accordingly;
On page 1, in the title, in line 14, by striking ``and'' and inserting a comma; also in line
14, before the semicolon, by inserting ``and criminal procedure''; in line 16, before the
period, by inserting: ``; release from custody; assessments by municipal courts; aggravated
battery against a law enforcement officer; stalking; arson; eavesdropping; parole hearings;
identity theft; conveyance of offenders; aggravating factors in departure sentencing;
amending K.S.A. 21-3415, 21-3438, 21-3718, 21-4001, 21-4717, 50-718, 50-719 and 75-
5220 and K.S.A. 1999 Supp. 12-4117, 21-4018, 21-4716 and 22-3717 and repealing the
existing sections'';
And your committee on conference recommends the adoption of this report.
Tim Emert
John Vratil
Greta Goodwin
Conferees on the part of Senate
Michael R. O'Neal
Tim Carmody
Janice L. Pauls
Conferees on part of House
Senator Emert moved the Senate adopt the Conference Committee Report on HB 2805.
On roll call, the vote was: Yeas 37, Nays 0, Present and Passing 0, Absent or Not Voting
3.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones, Jordan,
Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vratil.
Absent or Not Voting: Corbin, Hardenburger, Vidricksen.
The Conference Committee report was adopted.
MESSAGE FROM THE HOUSE
Announcing the House adopts the conference committee report on HB 2905.
The House adopts the conference committee report on Senate Substitute HB 2513.
Announcing, the House adopts the conference committee report on HB 2805.
The House adopts the conference committee report on SB 429.
ORIGINAL MOTION
Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House
of Representatives be suspended for the purpose of considering the following bill: SB 429.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 429, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with House Committee amendments,
as follows:
On page 7, in line 28, by striking the colon and inserting a comma; in line 29, by striking
``(1) The'' and inserting ``the''; in line 31, by striking ``(A)'' and inserting ``(1)''; in line 32, by
striking ``(B)'' and inserting ``(2)''; in line 34, by striking ``; and'' and inserting a period; in
line 35, by striking ``(2) The court shall'' and inserting:
``In addition, the court may'';
Also on page 7, in line 36, by striking ``one year'' and inserting ``up to 30 days'';
On page 11, after line 29, by inserting the following:
``Sec. 8. On and after July 1, 2000, K.S.A. 1999 Supp. 8-1002 is hereby amended to
read as follows: 8-1002. (a) Whenever a test is requested pursuant to this act and results in
either a test failure or test refusal, a law enforcement officer's certification shall be prepared.
If the person had been driving a commercial motor vehicle, as defined in K.S.A. 8-2,128,
and amendments thereto, a separate certification pursuant to K.S.A. 8-2,145 and
amendments thereto shall be prepared in addition to any certification required by this
section. The certification required by this section shall be signed by one or more officers to
certify:
(1) With regard to a test refusal, that: (A) There existed reasonable grounds to believe
the person was operating or attempting to operate a vehicle while under the influence of
alcohol or drugs, or both, or to believe that the person had been driving a commercial motor
vehicle, as defined in K.S.A. 8-2,128, and amendments thereto, while having alcohol or
other drugs in such person's system; (B) the person had been placed under arrest, was in
custody or had been involved in a vehicle accident or collision; (C) a law enforcement officer
had presented the person with the oral and written notice required by K.S.A. 8-1001, and
amendments thereto; and (D) the person refused to submit to and complete a test as
requested by a law enforcement officer.
(2) With regard to a test failure, that: (A) There existed reasonable grounds to believe
the person was operating a vehicle while under the influence of alcohol or drugs, or both,
or to believe that the person had been driving a commercial motor vehicle, as defined in
K.S.A. 8-2,128, and amendments thereto, while having alcohol or other drugs in such
person's system; (B) the person had been placed under arrest, was in custody or had been
involved in a vehicle accident or collision; (C) a law enforcement officer had presented the
person with the oral and written notice required by K.S.A. 8-1001, and amendments thereto;
and (D) the result of the test showed that the person had an alcohol concentration of .08
or greater in such person's blood or breath.
(3) With regard to failure of a breath test, in addition to those matters required to be
certified under subsection (a)(2), that: (A) The testing equipment used was certified by the
Kansas department of health and environment; (B) the testing procedures used were in
accordance with the requirements set out by the Kansas department of health and
environment; and (C) the person who operated the testing equipment was certified by the
Kansas department of health and environment to operate such equipment.
(b) For purposes of this section, certification shall be complete upon signing, and no
additional acts of oath, affirmation, acknowledgment or proof of execution shall be required.
The signed certification or a copy or photostatic reproduction thereof shall be admissible in
evidence in all proceedings brought pursuant to this act, and receipt of any such certification,
copy or reproduction shall accord the department authority to proceed as set forth herein.
Any person who signs a certification submitted to the division knowing it contains a false
statement is guilty of a class B nonperson misdemeanor.
(c) When the officer directing administration of the testing determines that a person
has refused a test and the criteria of subsection (a)(1) have been met or determines that a
person has failed a test and the criteria of subsection (a)(2) have been met, the officer shall
serve upon the person notice of suspension of driving privileges pursuant to K.S.A. 8-1014,
and amendments thereto. If the determination is made while the person is still in custody,
service shall be made in person by the officer on behalf of the division of vehicles. In cases
where a test failure is established by a subsequent analysis of a breath, blood or urine sample,
the officer shall serve notice of such suspension in person or by another designated officer
or by mailing the notice to the person at the address provided at the time of the test.
(d) In addition to the information required by subsection (a), the law enforcement
officer's certification and notice of suspension shall contain the following information: (1)
The person's name, driver's license number and current address; (2) the reason and statutory
grounds for the suspension; (3) the date notice is being served and a statement that the
effective date of the suspension shall be the 30th calendar day after the date of service; (4)
the right of the person to request an administrative hearing; and (5) the procedure the
person must follow to request an administrative hearing. The law enforcement officer's
certification and notice of suspension shall also inform the person that all correspondence
will be mailed to the person at the address contained in the law enforcement officer's
certification and notice of suspension unless the person notifies the division in writing of a
different address or change of address. The address provided will be considered a change
of address for purposes of K.S.A. 8-248, and amendments thereto, if the address furnished
is different from that on file with the division.
(e) If a person refuses a test or if a person is still in custody when it is determined that
the person has failed a test, the officer shall take any license in the possession of the person
and, if the license is not expired, suspended, revoked or canceled, shall issue a temporary
license effective until the 30th calendar day after the date of service set out in the law
enforcement officer's certification and notice of suspension. If the test failure is established
by a subsequent analysis of a breath or blood sample, the temporary license shall be served
together with the copy of the law enforcement officer's certification and notice of
suspension. A temporary license issued pursuant to this subsection shall bear the same
restrictions and limitations as the license for which it was exchanged. Within five days after
the date of service of a copy of the law enforcement officer's certification and notice of
suspension the officer's certification and notice of suspension, along with any licenses taken,
shall be forwarded to the division.
(f) Upon receipt of the law enforcement officer's certification, the division shall review
the certification to determine that it meets the requirements of subsection (a). Upon so
determining, the division shall proceed to suspend the person's driving privileges in
accordance with the notice of suspension previously served. If the requirements of
subsection (a) are not met, the division shall dismiss the administrative proceeding and
return any license surrendered by the person.
(g) If the person mails a written request which is postmarked within 10 days after service
of the notice, if by personal service, or 13 days after service, if by mail, the division shall
schedule a hearing in the county where the alleged violation occurred, or in a county adjacent
thereto. The licensee may request that subpoenas be issued in accordance with the notice
provided pursuant to subsection (d). Any request made by the licensee to subpoena
witnesses must be made in writing at the time the hearing is requested and must include
the name and current address of such witnesses and, except for the law enforcement officer
or officers certifying refusal or failure, a statement of how the testimony of such witness is
relevant. Upon receiving a timely request for a hearing, the division shall mail to the person
notice of the time, date and place of hearing in accordance with subsection (l) and extend
the person's temporary driving privileges until the date set for the hearing by the division.
(h) (1) If the officer certifies that the person refused the test, the scope of the hearing
shall be limited to whether: (A) A law enforcement officer had reasonable grounds to believe
the person was operating or attempting to operate a vehicle while under the influence of
alcohol or drugs, or both, or to believe that the person had been driving a commercial motor
vehicle, as defined in K.S.A. 8-2,128, and amendments thereto, while having alcohol or
other drugs in such person's system; (B) the person was in custody or arrested for an alcohol
or drug related offense or was involved in a vehicle accident or collision resulting in property
damage, personal injury or death; (C) a law enforcement officer had presented the person
with the oral and written notice required by K.S.A. 8-1001, and amendments thereto; and
(D) the person refused to submit to and complete a test as requested by a law enforcement
officer.
(2) If the officer certifies that the person failed the test, the scope of the hearing shall
be limited to whether: (A) A law enforcement officer had reasonable grounds to believe the
person was operating a vehicle while under the influence of alcohol or drugs, or both, or to
believe that the person had been driving a commercial motor vehicle, as defined in K.S.A.
8-2,128, and amendments thereto, while having alcohol or other drugs in such person's
system; (B) the person was in custody or arrested for an alcohol or drug related offense or
was involved in a vehicle accident or collision resulting in property damage, personal injury
or death; (C) a law enforcement officer had presented the person with the oral and written
notice required by K.S.A. 8-1001, and amendments thereto; (D) the testing equipment used
was reliable; (E) the person who operated the testing equipment was qualified; (F) the
testing procedures used were reliable; (G) the test result determined that the person had
an alcohol concentration of .08 or greater in such person's blood or breath; and (H) the
person was operating a vehicle.
(i) At a hearing pursuant to this section, or upon court review of an order entered at
such a hearing, an affidavit of the custodian of records at the Kansas department of health
and environment stating that the breath testing device was certified and the operator of
such device was certified on the date of the test shall be admissible into evidence in the
same manner and with the same force and effect as if the certifying officer or employee of
the Kansas department of health and environment had testified in person. Such affidavit
shall be admitted to prove such reliability without further foundation requirement. A
certified operator of a breath testing device shall be competent to testify regarding the
proper procedures to be used in conducting the test.
(j) At a hearing pursuant to this section, or upon court review of an order entered at
such hearing, in which the report of blood test results have been prepared by the Kansas
bureau of investigation or other forensic laboratory of a state or local law enforcement
agency are to be introduced as evidence, the report, or a copy of the report, of the findings
of the forensic examiner shall be admissible into evidence in the same manner and with the
same force and effect as if the forensic examiner who performed such examination, analysis,
comparison or identification and prepared the report thereon had testified in person.
(k) If no timely request for hearing is made, the suspension period imposed pursuant
to this section shall begin upon the expiration of the temporary license granted under
subsection (e). If a timely request for hearing is made, the hearing shall be held within 30
days of the date the request for hearing is received by the division, except that failure to
hold such hearing within 30 days shall not be cause for dismissal absent a showing of
prejudice. At the hearing, the director or the representative of the director, shall either
affirm the order of suspension or suspension and restriction or dismiss the administrative
action. If the division is unable to hold a hearing within 30 days of the date upon which the
request for hearing is received, the division shall extend the person's temporary driving
privileges until the date set for the hearing by the division. No extension of temporary driving
privileges shall be issued for continuances requested by or on behalf of the licensee. If the
person whose privileges are suspended is a nonresident licensee, the license of the person
shall be forwarded to the appropriate licensing authority in the person's state of residence
if the result at the hearing is adverse to such person or if no timely request for a hearing is
received.
(l) All notices affirming or canceling a suspension under this section, all notices of a
hearing held under this section and all issuances of temporary driving privileges pursuant
to subsection (k) shall be sent by first-class mail and a U.S. post office certificate of mailing
shall be obtained therefor. All notices so mailed shall be deemed received three days after
mailing.
(m) (g) The division shall prepare and distribute forms for use by law enforcement
officers in giving the notice required by this section.
(n) This section and the applicable provisions contained in subsections (d) and (e) of
K.S.A. 8-255 and amendments thereto constitute the administrative procedures to be used
for all administrative hearings held under this act. To the extent that this section and any
other provision of law conflicts, this section prevails.
(o) (h) The provisions of K.S.A. 60-206 and amendments thereto regarding the
computation of time shall not be applicable in determining the effective date of suspension
set out in subsection (d) or the time for requesting an administrative hearing set out in
subsection (g). ``Calendar day'' when used in this section act shall mean that every day shall
be included in computations of time whether a week day, Saturday, Sunday or holiday.'';
And by renumbering sections accordingly;
Also on page 11, in line 43, after ``year'' by inserting ``and, commencing July 1, 2000, then
restrict the person's driving privileges for one year to driving only a motor vehicle equipped
with an ignition interlock device'';
On page 12, in line 41, by striking all after ``issue''; by striking all of line 42; in line 43,
by striking all before ``a'';
On page 13, in line 1, after ``restrictions'' by inserting ``which''; also in line 1, by striking
all after ``person''; in line 2, by striking ``was issued'' and inserting ``at''; after line 3 by
inserting the following:
``(h) Any person whose license is restricted to operating only a motor vehicle with an
ignition interlock device installed may operate an employer's vehicle without an ignition
interlock device installed during normal business activities, provided that the person does
not partly or entirely own or control the employer's vehicle or business. The provisions of
this subsection shall be effective on and after July 1, 2000.
Sec. 10. On and after July 1, 2000, K.S.A. 1999 Supp. 8-1015 is hereby amended to
read as follows: 8-1015. (a) When subsection (b)(1) of K.S.A. 8-1014, and amendments
thereto, requires or authorizes the division to place restrictions on a person's driving
privileges, the division shall restrict the person's driving privileges to driving only under the
circumstances provided by subsections (a)(1), (2), (3) and (4) of K.S.A. 8-292 and
amendments thereto.
(b) In lieu of the restrictions set out in subsection (a), the division, upon request of the
person whose driving privileges are to be restricted, may restrict the person's driving
privileges to driving only a motor vehicle equipped with an ignition interlock device,
approved by the division and obtained, installed and maintained at the person's expense.
(c) Upon a person's second or subsequent conviction for an alcohol related offense, if
the person had an alcohol concentration of .15 or more in the person's blood or breath, the
convicting court shall restrict the person's driving privileges to driving only a motor vehicle
equipped with an ignition interlock device, approved by the division and obtained, installed
and maintained at the person's expense. When subsection (b)(2) of K.S.A. 8-1014, and
amendments thereto, requires or authorizes the division to place restrictions on a person's
driving privileges, the division shall restrict the person's driving privileges to driving only a
motor vehicle equipped with an ignition interlock device, approved by the division and
maintained at the person's expense and may require driving only under circumstances
provided by K.S.A. 8-292, and amendments thereto.
(d) Upon expiration of the period of time for which restrictions are imposed pursuant
to this section, the licensee may apply to the division for the return of any license previously
surrendered by the licensee. If the license has expired, the person may apply to the division
for a new license, which shall be issued by the division upon payment of the proper fee and
satisfaction of the other conditions established by law, unless the person's driving privileges
have been suspended or revoked prior to expiration.
Sec. 11. On and after July 1, 2000, K.S.A. 1999 Supp. 8-1016 is hereby amended to
read as follows: 8-1016. (a) The secretary of revenue shall may adopt rules and regulations
for:
(1) The approval by the division of models and classes of ignition interlock devices
suitable for use by persons whose driving privileges have been restricted to driving a vehicle
equipped with such a device; and
(2) the calibration and maintenance of such devices, which shall be the responsibility
of the manufacturer.; and
(3) ensuring that each manufacturer approved provides a reasonable statewide service
network where such devices may be obtained, repaired, replaced or serviced and such service
network can be accessed 24 hours per day through a toll-free phone service.
In adopting rules and regulations for approval of ignition interlock devices under this
section, the secretary of revenue shall insure that those devices approved do not impede
the safe operation of a motor vehicle and have the fewest opportunities to be bypassed so
as to render them ineffective. require that the manufacturer or the manufacturer's
representatives calibrate and maintain the devices at intervals not to exceed 60 days.
Calibration and maintenance shall include but not be limited to physical inspection of the
device, the vehicle and wiring of the device to the vehicle for signs of tampering, calibration
of the device and downloading of all data contained within the device's memory and
reporting of any violation or noncompliance to the division.
(4) The division shall adopt by rule and regulation participant requirements for proper
use and maintenance of a certified ignition interlock device during any time period the
person's license is restricted by the division to only operating a motor vehicle with an ignition
interlock device installed and by rule and regulation the reporting requirements of the
approved manufacturer to the division relating to the person's proper use and maintenance
of a certified ignition interlock device.
(b) If the division approves an ignition interlock device in accordance with rules and
regulations adopted under this section, the division shall give written notice of the approval
to the manufacturer of the device. Such notice shall be admissible in any civil or criminal
proceeding in this state.
(c) The manufacturer of an ignition interlock device shall reimburse the division for any
cost incurred in approving or disapproving such device under this section.
(d) Neither the state nor any agency, officer or employee thereof shall be liable in any
civil or criminal proceeding arising out of the use of an ignition interlock device approved
under this section.
Sec. 12. On and after July 1, 2000, K.S.A. 1999 Supp. 8-1567a is hereby amended to
read as follows: 8-1567a. (a) It shall be unlawful for any person less than 21 years of age to
operate or attempt to operate a vehicle in this state with a breath or blood alcohol content
of .02 or greater.
(b) Whenever a law enforcement officer determines that a breath or blood alcohol test
is to be required of a person less than 21 years of age pursuant to K.S.A. 8-1001 or K.S.A.
8-2,142 and amendments thereto, in addition to any other notices required by law, the law
enforcement officer shall provide written and oral notice that: (1) It is unlawful for any
person less than 21 years of age to operate or attempt to operate a vehicle in this state with
a breath or blood alcohol content of .02 or greater; and (2) if the person is less than 21 years
of age at the time of the test request and submits to and completes the test or tests and the
test results show an alcohol concentration of .02 or greater, but less than .08, the person's
driving privileges will be suspended for at least 60 days but not more than one year.
(c) Any suspension and restriction of driving privileges pursuant to this section shall be
in addition to any disqualification from driving a commercial motor vehicle pursuant to
K.S.A. 8-2,142 and amendments thereto.
(d) Whenever a breath or blood alcohol test is requested pursuant to K.S.A. 8-1001 and
amendments thereto, from a person less than 21 years of age, and results in a test result of
.02 or greater, but less than .08, a law enforcement officer's certification under this section
shall be prepared. The certification required by this section shall be signed by one or more
officers to certify that:
(1) (A) There existed reasonable grounds to believe the person was operating a vehicle
while under the influence of alcohol or drugs, or both, or to believe that the person had
been driving a commercial motor vehicle, as defined in K.S.A. 8-2,128 and amendments
thereto, while having alcohol or other drugs in such person's system; (B) the person had
been placed under arrest, was in custody or had been involved in a vehicle accident or
collision; (C) a law enforcement officer had presented the person with the oral and written
notice required by K.S.A. 8-1001 and amendments thereto, and the oral and written notice
required by this section; (D) that the person was less than 21 years of age at the time of the
test request; and (E) the result of the test showed that the person had an alcohol
concentration of .02 or greater in such person's blood or breath.
(2) With regard to a breath test, in addition to those matters required to be certified
under subsection (d)(1), that: (A) The testing equipment used was certified by the Kansas
department of health and environment; (B) the testing procedures used were in accordance
with the requirements set out by the Kansas department of health and environment; and
(C) the person who operated the testing equipment was certified by the Kansas department
of health and environment to operate such equipment.
(e) If a hearing is requested as a result of a law enforcement officer's certification under
this section, the scope of the hearing shall be limited to whether: (1) A law enforcement
officer had reasonable grounds to believe the person was operating a vehicle while under
the influence of alcohol or drugs, or both, or to believe that the person had been driving a
commercial motor vehicle, as defined in K.S.A. 8-2,128 and amendments thereto, while
having alcohol or other drugs in such person's system; (2) the person was in custody or
arrested for an alcohol or drug related offense or was involved in a motor vehicle accident
or collision resulting in property damage, personal injury or death; (3) a law enforcement
officer had presented the person with the oral and written notice required by K.S.A. 8-1001
and amendments thereto, and the oral and written notice required by this section; (4) the
testing equipment used was reliable; (5) the person who operated the testing equipment
was qualified; (6) the testing procedures used were reliable; (7) the test result determined
that the person had an alcohol concentration of .02 or greater in such person's blood or
breath; (8) the person was operating a vehicle; and (9) the person was less than 21 years of
age at the time a test was requested.
(f) If a person less than 21 years of age submits to a breath or blood alcohol test
requested pursuant to K.S.A. 8-1001 or K.S.A. 8-2,142 and amendments thereto, and
produces a test result of .02 or greater, but less than .08, the person's driving privileges shall
be suspended for at least 60 days but not more than one year.
(g) Except where there is a conflict between this section and K.S.A. 8-1001 and 8-1002
and amendments thereto, the provisions of K.S.A. 8-1001 and 8-1002 and amendments
thereto, shall be applicable to proceedings under this section.
(h) Any determination under this section that a person less than 21 years of age had a
test result of .02 or greater, but less than .08, and any resulting administrative action upon
the person's driving privileges, upon the first occurrence of such test result and
administrative action, shall not be considered by any insurance company in determining the
rate charged for any automobile liability insurance policy or whether to cancel any such
policy under the provisions of subsection (4)(a) of K.S.A. 40-277 and amendments thereto.
New Sec. 13. (a) Any licensee served with an officer's certification and notice of
suspension pursuant to K.S.A. 8-1002, and amendments thereto, may request an
administrative hearing. Such request may be made either by:
(1) Mailing a written request which is postmarked 10 calendar days after service of
notice, if such notice was given by personal service;
(2) mailing a written request which is postmarked 13 calendar days after service of
notice, if such notice was given by mail; or
(3) transmitting a written request by electronic facsimile which is received by the
division within 10 calendar days after service of the notice, if such notice was given by
personal service; or
(4) transmitting a written request by electronic facsimile which is received by the
division within 13 calendar days after service, if such notice was given by mail.
(b) If the licensee makes a timely request for an administrative hearing, any temporary
license issued pursuant to K.S.A. 8-1002, and amendments thereto, shall remain in effect
until the 30th calendar day after the effective date of the decision made by the division.
(c) If the licensee fails to make a timely request for an administrative hearing, the
licensee's driving privileges shall be suspended or suspended and then restricted in
accordance with the notice of suspension served pursuant to K.S.A. 8-1002, and
amendments thereto.
(d) Upon receipt of a timely request for a hearing, the division shall forthwith set the
matter for hearing before a representative of the director and provide notice of the extension
of temporary driving privileges. The hearing shall be conducted in the county where the
arrest occurred or a county adjacent thereto. At the discretion of the division, the hearing
may be conducted by telephone or video conference call.
(e) Except as provided in subsection (f), prehearing discovery shall be limited to the
following documents, which shall be provided to the licensee or the licensee's attorney no
later than five calendar days prior to the date of the hearing:
(1) The officer's certification and notice of suspension;
(2) in the case of a breath or blood test failure, copies of documents indicating the result
of any evidentiary breath or blood test administered at the request of a law enforcement
officer;
(3) in the case of a breath test failure, a copy of the affidavit showing certification of
the officer and the instrument; and
(4) in the case of a breath test failure, a copy of the Kansas department of health and
environment testing protocol checklist.
(f) At or prior to the time the notice of hearing is sent, the division shall issue an order
allowing the licensee or the licensee's attorney to review any video or audio tape record
made of the events upon which the administrative action is based. Such review shall take
place at a reasonable time designated by the law enforcement agency and shall be made at
the location where the video or audio tape is kept. The licensee may obtain a copy of any
such video or audio tape upon request and upon payment of a reasonable fee to the law
enforcement agency, not to exceed $25 per tape.
(g) Witnesses at the hearing shall be limited to the licensee and to any law enforcement
officer who signed the certification form. The presence of the certifying officer or officers
shall not be required, unless requested by the licensee at the time of making the request
for the hearing. The examination of a law enforcement officer shall be restricted to the
factual circumstances relied upon in the officer's certification.
(h) (1) If the officer certifies that the person refused the test, the scope of the hearing
shall be limited to whether:
(A) A law enforcement officer had reasonable grounds to believe the person was
operating or attempting to operate a vehicle while under the influence of alcohol or drugs,
or both, or had been driving a commercial motor vehicle, as defined in K.S.A. 8-2,128, and
amendments thereto, while having alcohol or other drugs in such person's system;
(B) the person was in custody or arrested for an alcohol or drug related offense or was
involved in a vehicle accident or collision resulting in property damage, personal injury or
death;
(C) a law enforcement officer had presented the person with the oral and written notice
required by K.S.A. 8-1001, and amendments thereto; and
(D) the person refused to submit to and complete a test as requested by a law
enforcement officer.
(2) If the officer certifies that the person failed a breath test, the scope of the hearing
shall be limited to whether:
(A) A law enforcement officer had reasonable grounds to believe the person was
operating a vehicle while under the influence of alcohol or drugs, or both, or had been
driving a commercial motor vehicle, as defined in K.S.A. 8-2,128, and amendments thereto,
while having alcohol or other drugs in such person's system;
(B) the person was in custody or arrested for an alcohol or drug related offense or was
involved in a vehicle accident or collision resulting in property damage, personal injury or
death;
(C) a law enforcement officer had presented the person with the oral and written notice
required by K.S.A. 8-1001, and amendments thereto;
(D) the testing equipment used was certified by the Kansas department of health and
environment;
(E) the person who operated the testing equipment was certified by the Kansas
department of health and environment;
(F) the testing procedures used substantially complied with the procedures set out by
the Kansas department of health and environment;
(G) the test result determined that the person had an alcohol concentration of .08 or
greater in such person's breath; and
(H) the person was operating or attempting to operate a vehicle.
(3) If the officer certifies that the person failed a blood test, the scope of the hearing
shall be limited to whether:
(A) A law enforcement officer had reasonable grounds to believe the person was
operating a vehicle while under the influence of alcohol or drugs, or both, or had been
driving a commercial motor vehicle, as defined in K.S.A. 8-2,128, and amendments thereto,
while having alcohol or other drugs in such person's system;
(B) the person was in custody or arrested for an alcohol or drug related offense or was
involved in a vehicle accident or collision resulting in property damage, personal injury or
death;
(C) a law enforcement officer had presented the person with the oral and written notice
required by K.S.A. 8-1001, and amendments thereto;
(D) the testing equipment used was reliable;
(E) the person who operated the testing equipment was qualified;
(F) the testing procedures used were reliable;
(G) the test result determined that the person had an alcohol concentration of .08 or
greater in such person's blood; and
(H) the person was operating or attempting to operate a vehicle.
(i) At a hearing pursuant to this section, or upon court review of an order entered at
such a hearing, an affidavit of the custodian of records at the Kansas department of health
and environment stating that the breath testing device was certified and the operator of
such device was certified on the date of the test shall be admissible into evidence in the
same manner and with the same force and effect as if the certifying officer or employee of
the Kansas department of health and environment had testified in person. A certified
operator of a breath testing device shall be competent to testify regarding the proper
procedures to be used in conducting the test.
(j) At a hearing pursuant to this section, or upon court review of an order entered at
such hearing, in which the report of blood test results have been prepared by the Kansas
bureau of investigation or other forensic laboratory of a state or local law enforcement
agency are to be introduced as evidence, the report, or a copy of the report, of the findings
of the forensic examiner shall be admissible into evidence in the same manner and with the
same force and effect as if the forensic examiner who performed such examination, analysis,
comparison or identification and prepared the report thereon had testified in person.
(k) At the hearing, the licensee has the burden of proof by a preponderance of the
evidence to show that the facts set out in the officer's certification are false or insufficient
and that the order suspending or suspending and restricting the licensee's driving privileges
should be dismissed.
(l) Evidence at the hearing shall be limited to the following:
(1) The documents set out in paragraph (e) of this section;
(2) the testimony of the licensee;
(3) the testimony of any certifying officer;
(4) any affidavits submitted from other witnesses;
(5) any documents submitted by the licensee to show the existence of a medical
condition, as described in K.S.A. 8-1001, and amendments thereto; and
(6) any video or audio tape record of the events upon which the administrative action
is based.
(m) After the hearing, the representative of the director shall enter an order affirming
the order of suspension or suspension and restriction of driving privileges or for good cause
appearing therefor, dismiss the administrative action. If the representative of the director
enters an order affirming the order of suspension or suspension and restriction of driving
privileges, the suspension or suspension and restriction shall begin on the 30th day after the
effective date of the order of suspension or suspension and restriction. If the person whose
privileges are suspended is a nonresident licensee, the license of the person shall be
forwarded to the appropriate licensing authority in the person's state of residence if the
result at the hearing is adverse to such person or if no timely request for a hearing is received.
(n) The representative of the director may issue an order at the close of the hearing or
may take the matter under advisement and issue a hearing order at a later date. If the order
is made at the close of the hearing, the licensee or the licensee's attorney shall be served
with a copy of the order by the representative of the director. If the matter is taken under
advisement or if the hearing was by telephone or video conference call, the licensee and
any attorney who appeared at the administrative hearing upon behalf of the licensee each
shall be served with a copy of the hearing order by mail. Any law enforcement officer who
appeared at the hearing also may be mailed a copy of the hearing order. The effective date
of the hearing order shall be the date upon which the hearing order is served, whether
served in person or by mail.
(o) The licensee may file a petition for review of the hearing order pursuant to K.S.A.
8-259, and amendments thereto. Upon filing a petition for review, the licensee shall serve
the secretary of revenue with a copy of the petition and summons. Upon receipt of a copy
of the petition for review by the secretary, the temporary license issued pursuant to
paragraph (b) of this section shall be extended until the decision on the petition for review
is final.
(p) Such review shall be in accordance with this section and the act for judicial review
and civil enforcement of agency actions. To the extent that this section and any other
provision of law conflicts, this section shall prevail. The petition for review shall be filed
within 10 days after the effective date of the order. Venue of the action for review is the
county where the person was arrested or the accident occurred, or, if the hearing was not
conducted by telephone conference call, the county where the administrative proceeding
was held. The action for review shall be by trial de novo to the court and the evidentiary
restrictions of subsection (l) shall not apply to the trial de novo. The court shall take
testimony, examine the facts of the case and determine whether the petitioner is entitled
to driving privileges or whether the petitioner's driving privileges are subject to suspension
or suspension and restriction under the provisions of this act. If the court finds that the
grounds for action by the agency have been met, the court shall affirm the agency action.
(q) Upon review, the licensee shall have the burden to show that the decision of the
agency should be set aside. To be raised upon review, an issue shall have been raised at the
administrative hearing and also shall be set out in the petition for review. The court is not
limited to any evidentiary record created during the administrative hearing and may accept
additional evidence on the issues preserved for review. Except as otherwise provided in this
section, the court shall not rely upon evidence contained in the record of the administrative
proceeding below, absent compliance upon review with the rules of evidence in a civil
proceeding.
(r) Notwithstanding the requirement to issue a temporary license in K.S.A. 8-1002, and
amendments thereto, and the requirements to extend the temporary license in this section,
any such temporary driving privileges are subject to restriction, suspension, revocation or
cancellation as provided in K.S.A. 8-1014, and amendments thereto, or for other cause.
(s) Upon motion by a party, or on the court's own motion, the court may enter an order
restricting the driving privileges allowed by the temporary license provided for in K.S.A. 8-
1002, and amendments thereto, and in this section. The temporary license also shall be
subject to restriction, suspension, revocation or cancellation, as set out in K.S.A. 8-1014,
and amendments thereto, or for other cause.
(t) The facts found by the hearing officer or by the district court upon a petition for
review shall be independent of the determination of the same or similar facts in the
adjudication of any criminal charges arising out of the same occurrence. The disposition of
those criminal charges shall not affect the suspension or suspension and restriction to be
imposed under this section.
(u) All notices affirming or canceling a suspension under this section, all notices of a
hearing held under this section and all issuances of temporary driving privileges pursuant
to this section shall be sent by first-class mail and a United States post office certificate of
mailing shall be obtained therefor. All notices so mailed shall be deemed received three
days after mailing.
(v) The provisions of K.S.A. 60-206, and amendments thereto, regarding the
computation of time shall not be applicable in determining the time for requesting an
administrative hearing as set out in subsection (a) but shall apply to the time for filing a
petition for review pursuant to subsection (o) and K.S.A. 8-259, and amendments thereto.
``Calendar day'' shall mean that every day shall be included in computations of time whether
a week day, Saturday, Sunday or holiday.
(w) The provisions of this subsection shall be effective on and after July 1, 2000.;''
And by renumbering section 9 as section 14;
Also on page 13, after line 5, by inserting the following:
``Sec. 15. On and after July 1, 2000, K.S.A. 1999 Supp. 8-1002, 8-1015, 8-1016 and 8-
1567a are hereby repealed.'';
And by renumbering section 10 as section 16;
On page 1, in the title, in line 11, before ``amending'' by inserting ``powers and duties of
the division of vehicles; operation of vehicles; restrictions of driver's licenses;''; in line 12,
after the stricken material, by inserting ``, 8-1002''; also in line 12, after ``8-1014'' by inserting
``, 8-1015, 8-1016, 8-1567a'';
\ And your committee on conference recommends the adoption of this report.
Michael R. O'Neal
Tim Carmody
Janice L. Pauls
Conferees on the part of House
Tim Emert
John Vratil
Greta Goodwin
Conferees on part of Senate
Senator Emert moved the Senate adopt the Conference Committee Report on SB 429.
On roll call, the vote was: Yeas 20, Nays 15, Present and Passing 0, Absent or Not Voting
5.
Yeas: Becker, Bond, Donovan, Downey, Emert, Gilstrap, Gooch, Goodwin, Harrington,
Jordan, Kerr, Langworthy, Morris, Oleen, Petty, Praeger, Pugh, Steffes, Steineger,
Umbarger.
Nays: Barone, Biggs, Bleeker, Brownlee, Clark, Feleciano, Hensley, Huelskamp, Jones,
Lee, Ranson, Salmans, Stephens, Tyson, Vratil.
Absent or Not Voting: Corbin, Hardenburger, Lawrence, Salisbury, Vidricksen.
The Conference Committee report was not adopted.
VETOES SUSTAINED
The Governor's line item objections to H Sub for SB 326, An act making and concerning
appropriations for the fiscal year ending June 30, 2001, for state agencies; authorizing certain
transfers, capital improvement projects and fees, imposing certain restrictions and
limitations, and directing or authorizing certain receipts, disbursements and acts incidental
to the foregoing; amending K.S.A. 79-2959 and 82a-953a, K.S.A. 1999 Supp. 79-2964 and
79-3425i and K.S.A. 1999 Supp. 79-34,147, as amended by section 73 of 2000 Senate Bill
No. 39, and repealing the existing sections, having been read on April 26, 2000, was
reconsidered.
There being no action on H Sub for SB 326, the line item veto was sustained.
STRICKEN FROM THE CALENDAR
On motion of Senator Emert SB 352, 372, 487, 535, 557; Sub SB 571; SB 582; Sub
SB 593; SB 665, 667; HB 2372; Sub HB 2591; Sub HB 2688, Sub HB 2702, 2832
were stricken from the calendar.
On motion of Senator Emert, the Senate adjourned until sine die, 10:00 a.m., Wednesday,
May 24, 2000.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.