Substitute for HOUSE BILL No. 2972

An Act concerning background checks on certain employees; amending K.S.A. 74-8705
and K.S.A. 1997 Supp. 39-970, 65-5117 and 74-8709 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas:

    Section 1. K.S.A. 1997 Supp. 39-970 is hereby amended to read as
follows: 39-970. (a) (1) On and after July 1, 1998, no person shall know-
ingly operate an adult care home if, in the adult care home, there works
any person who:

    (1) (A) Has a felony conviction for a crime which is described in
articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated and
acts amendatory thereof or supplemental thereto, except K.S.A. 21-3605
and amendments thereto, or a conviction of an attempt under K.S.A.
21-3301 and amendments thereto to commit any such act, or (B) has
been convicted of any act which is described in K.S.A. 21-4301 or 21-
4301a and amendments thereto or similar statutes of other states or the
federal government;

    (2) has been adjudicated a juvenile offender because of having com-
mitted an act which if done by an adult would constitute the commission
of a felony and which is a crime against persons, is any act described in
articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated and
acts amendatory thereof or supplemental thereto except K.S.A. 21-3605
and amendments thereto, or is any act described in K.S.A. 21-4301 or
21-4301a and amendments thereto or similar statutes of other states or
the federal government;

    (3) has been convicted of or has been adjudicated a juvenile offender
because of having committed an act which if done by an adult would
constitute the commission of capital murder, pursuant to K.S.A. 21-3439
and amendments thereto, first degree murder, pursuant to K.S.A. 21-3401
and amendments thereto, second degree murder, pursuant to subsection
(a) of K.S.A. 21-3402 and amendments thereto, voluntary manslaughter,
pursuant to K.S.A. 21-3403 and amendments thereto, assisting suicide
pursuant to K.S.A. 21-3406 and amendments thereto, mistreatment of a
dependent adult, pursuant to K.S.A. 21-3437 and amendments thereto,
rape, pursuant to K.S.A. 21-3502 and amendments thereto, indecent lib-
erties with a child, pursuant to K.S.A. 21-3503 and amendments thereto,
aggravated indecent liberties with a child, pursuant to K.S.A. 21-3504
and amendments thereto, aggravated criminal sodomy, pursuant to K.S.A.
21-3506 and amendments thereto, indecent solicitation of a child, pur-
suant to K.S.A. 21-3510 and amendments thereto, aggravated indecent
solicitation of a child, pursuant to K.S.A. 21-3511 and amendments
thereto, sexual exploitation of a child, pursuant to K.S.A. 21-3516 and
amendments thereto, sexual battery, pursuant to K.S.A. 21-3517 and
amendments thereto, or aggravated sexual battery, pursuant to K.S.A. 21-
3518 and amendments thereto, or similar statutes of other states or the
federal government.

    (B) has committed an act of physical, mental or emotional abuse or
neglect or sexual abuse as validated by the department of social and re-
habilitation services pursuant to K.S.A. 38-1523 and amendments thereto
and (A) the person has failed to successfully complete a corrective action
plan which had been deemed appropriate and approved by the depart-
ment of social and rehabilitation services, or (B) the record has not been
expunged pursuant to rules and regulations adopted by the secretary of
social and rehabilitation services;

    (4) has had a child declared in a court order in this or any other state
to be deprived or a child in need of care based on an allegation of physical,
mental or emotional abuse or neglect or sexual abuse;

    (5) has had parental rights terminated pursuant to the Kansas juvenile
code or K.S.A. 38-1581 through 38-1584, and amendments thereto, or a
similar statute of other states;

    (6) has signed a diversion agreement pursuant to K.S.A. 22-2906 et
seq., and amendments thereto, or pursuant to K.S.A. 38-1635 and amend-
ments thereto involving a charge of child abuse or a sexual offense;

    (7) has been found by the department of health and environment or
the department of social and rehabilitation services under K.S.A. 39-1401
et seq. and amendments thereto to have committed an act of abuse, ne-
glect or exploitation of a resident; or

    (8) has been found by the department of social and rehabilitation
services under K.S.A. 39-1430 et seq. and amendments thereto to have
committed an act of abuse, neglect or exploitation of an adult.

    (2) On and after July 1, 1998, a person operating an adult care home
may employ an applicant who has been convicted of any of the following
if five or more years have elapsed since the applicant satisfied the sentence
imposed or was discharged from probation, a community correctional
services program, parole, postrelease supervision, conditional release or
a suspended sentence; or if five or more years have elapsed since the
applicant has been finally discharged from the custody of the commis-
sioner of juvenile justice or from probation or has been adjudicated a
juvenile offender, whichever time is longer: A felony conviction for a crime
which is described in: (A) article 34 of chapter 21 of the Kansas Statutes
Annotated and amendments thereto, except those crimes listed in subsec-
tion (a)(1); (B) articles 35 or 36 of chapter 21 of the Kansas Statutes
Annotated and amendments thereto, except those crimes listed in subsec-
tion (a)(1) and K.S.A. 21-3605 and amendments thereto; (C) a conviction
of an attempt under K.S.A. 21-3301 and amendments thereto to commit
any act listed in this subsection or subsection (a)(1); or (D) similar statutes
of other states or the federal government.

    (b) No person shall operate an adult care home if such person has
been found to be a disabled person in need of a guardian or conservator,
or both.

    (c) In accordance with the provisions of this subsection (c), The sec-
retary of health and environment shall have access to any criminal history
record information in the possession of the Kansas bureau of investigation
and any report of investigations as authorized by subsection (e) of K.S.A.
38-1523 and amendments thereto in the possession of the department of
social and rehabilitation services, or any reports of investigations, findings
or assessments as provided in K.S.A. 39-1402 and amendments thereto,
39-1404 and amendments thereto, 39-1411 and amendments thereto, 39-
1433 and amendments thereto and 39-1434 and amendments thereto, in
the possession of the department of health and environment or the de-
partment of social and rehabilitation services concerning persons working
in an adult care home. The secretary shall have access to these records
for the purpose of determining whether or not the adult care home meets
the requirements of this section. The Kansas bureau of investigation may
charge to the department of health and environment a reasonable fee for
providing criminal history record information under this subsection.

    (d) For the purpose of complying with this section, the operator of
an adult care home shall request from the department of health and
environment information obtained by the secretary of health and envi-
ronment under subsection (c) and information available under subsection
(c)(4) of K.S.A. 39-936 and amendments thereto, if any, which relates to
a person who works in the adult care home, or is being considered for
employment by the adult care home, for the purpose of determining
whether such person is subject to the provision of this section. For the
purpose of complying with this section, the operator of an adult care home
shall receive from any employment agency which provides employees to
work in the adult care home written certification that such employees are
not prohibited from working in the adult care home under this section.
For the purpose of complying with this section, information relating to
convictions and adjudications by the federal government or to convictions
and adjudications in states other than Kansas shall not be required until
such time as the secretary of health and environment determines the
search for such information could reasonably be performed and the in-
formation obtained within a two-week period. For the purpose of com-
plying with this section, a person who operates an adult care home may
hire an applicant for employment on a conditional basis pending the re-
sults from the department of health and environment of a request for
information under this subsection. No adult care home, the operator or
employees of an adult care home or an employment agency, or the op-
erator or employees of an employment agency, shall be liable for civil
damages resulting from any decision to employ, to refuse to employ or
to discharge from employment any person based on such adult care
home's compliance with the provisions of this section if such adult care
home or employment agency acts in good faith to comply with this sec-
tion.

    (e) For the purpose of subsection (a)(3), an act of abuse or neglect
shall not be considered to have been validated by the department of social
and rehabilitation services unless the alleged perpetrator has: (1) Had an
opportunity to be interviewed and present information during the inves-
tigation of the alleged act of abuse or neglect; and (2) been given notice
of the agency decision and an opportunity to appeal such decision to the
secretary and to the courts pursuant to the act for judicial review and civil
enforcement of agency actions.

    (f) The secretary of health and environment shall charge each person
requesting information under this section a fee equal to cost, not to ex-
ceed $10, for each name about which an information request has been
submitted to the department under this section.

    (g) (f) No person who works for an adult care home and who is cur-
rently licensed or registered by an agency of this state to provide profes-
sional services in the state and who provides such services as part of the
work which such person performs for the adult care home shall be subject
to the provisions of this section.

    (h) (g) A person who volunteers in an adult care home shall not be
subject to the provisions of this section because of such volunteer activity.

    (i) (h) No person who has been employed by the same adult care
home for five consecutive years immediately prior to the effective date
of this act shall be subject to the provisions of this section while employed
by such adult care home.

    (j) (i) The operator of an adult care home shall not be required under
this section to conduct a background check on an applicant for employ-
ment with the adult care home if the applicant has been the subject of a
background check under this act within one year prior to the application
for employment with the adult care home. The operator of an adult care
home where the applicant was the subject of such background check may
release a copy of such background check to the operator of an adult care
home where the applicant is currently applying.

    (k) (j) No person who is in the custody of the secretary of corrections
and who provides services, under direct supervision in nonpatient areas,
on the grounds or other areas designated by the superintendent of the
Kansas soldiers' home or the Kansas veterans' home shall be subject to
the provisions of this section while providing such services.

    (k) This section shall be part of and supplemental to the adult care
home licensure act.

    Sec. 2. K.S.A. 1997 Supp. 65-5117 is hereby amended to read as
follows: 65-5117. (a) (1) On and after July 1, 1998, no person shall know-
ingly operate a home health agency if, for the home health agency, there
works any person who:

    (1) (A) Has a felony conviction for a crime which is described in
articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated and
acts amendatory thereof or supplemental thereto, except K.S.A. 21-3605
and amendments thereto, or a conviction of an attempt under K.S.A.
21-3301 and amendments thereto to commit any such act, or (B) has
been convicted of any act which is described in K.S.A. 21-4301 or 21-
4301a and amendments thereto or similar statutes of other states or the
federal government;

    (2) has been adjudicated a juvenile offender because of having com-
mitted an act which if done by an adult would constitute the commission
of a felony and which is a crime against persons, is any act described in
articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated and
acts amendatory thereof or supplemental thereto except K.S.A. 21-3605
and amendments thereto, or is any act described in K.S.A. 21-4301 or
21-4301a and amendments thereto or similar statutes of other states or
the federal government;

    (3) has committed an act of physical, mental or emotional abuse or
neglect or sexual abuse as validated by the department of social and re-
habilitation services pursuant to K.S.A. 38-1523 and amendments thereto
and (A) the person has failed to successfully complete a corrective action
plan which had been deemed appropriate and approved by the depart-
ment of social and rehabilitation services, or (B) the record has not been
expunged pursuant to rules and regulations adopted by the secretary of
social and rehabilitation services;

    (4) has had a child declared in a court order in this or any other state
to be deprived or a child in need of care based on an allegation of physical,
mental or emotional abuse or neglect or sexual abuse;

    (5) has had parental rights terminated pursuant to the Kansas juvenile
code or K.S.A. 38-1581 through 38-1584, and amendments thereto, or a
similar statute of other states;

    (6) has signed a diversion agreement pursuant to K.S.A. 22-2906 et
seq., and amendments thereto, or pursuant to K.S.A. 38-1635 and amend-
ments thereto involving a charge of child abuse or a sexual offense;

    (7) has been found by the department of health and environment or
the department of social and rehabilitation services under K.S.A. 39-1401
et seq. and amendments thereto to have committed an act of abuse, ne-
glect or exploitation of a resident; or

    (8) has been found by the department of social and rehabilitation
services under K.S.A. 39-1430 et seq. and amendments thereto to have
committed an act of abuse, neglect or exploitation of an adult. has been
convicted of or has been adjudicated a juvenile offender because of having
committed an act which if done by an adult would constitute the com-
mission of capital murder, pursuant to K.S.A. 21-3439 and amendments
thereto, first degree murder, pursuant to K.S.A. 21-3401 and amendments
thereto, second degree murder, pursuant to subsection (a) of K.S.A. 21-
3402 and amendments thereto, voluntary manslaughter, pursuant to
K.S.A. 21-3403 and amendments thereto, assisting suicide, pursuant to
K.S.A. 21-3406 and amendments thereto, mistreatment of a dependent
adult, pursuant to K.S.A. 21-3437 and amendments thereto, rape, pur-
suant to K.S.A. 21-3502 and amendments thereto, indecent liberties with
a child, pursuant to K.S.A. 21-3503 and amendments thereto, aggravated
indecent liberties with a child, pursuant to K.S.A. 21-3504 and amend-
ments thereto, aggravated criminal sodomy, pursuant to K.S.A. 21-3506
and amendments thereto, indecent solicitation of a child, pursuant to
K.S.A. 21-3510 and amendments thereto, aggravated indecent solicitation
of a child, pursuant to K.S.A. 21-3511 and amendments thereto, sexual
exploitation of a child, pursuant to K.S.A. 21-3516 and amendments
thereto, sexual battery, pursuant to K.S.A. 21-3517 and amendments
thereto, or aggravated sexual battery, pursuant to K.S.A. 21-3518 and
amendments thereto, or similar statutes of other states or the federal gov-
ernment.

    (2) On and after July 1, 1998, a person operating a home health
agency may employ an applicant who has been convicted of any of the
following if five or more years have elapsed since the applicant satisfied
the sentence imposed or was discharged from probation, a community
correctional services program, parole, postrelease supervision, conditional
release or a suspended sentence; or if five or more years have elapsed
since the applicant has been finally discharged from the custody of the
commissioner of juvenile justice or from probation or has been adjudicated
a juvenile offender, whichever time is longer: A felony conviction for a
crime which is described in: (A) article 34 of the Kansas Statutes Anno-
tated and amendments thereto, except those crimes listed in subsection
(a)(1); (B) articles 35 or 36 of chapter 21 of the Kansas Statutes Annotated
and amendments thereto, except those crimes listed in subsection (a)(1)
and K.S.A. 21-3605 and amendments thereto; (C) a conviction of an at-
tempt under K.S.A. 21-3301 and amendments thereto to commit any act
listed in this subsection or subsection (a)(1); or (D) similar statutes of
other states or the federal government.

    (b) No person shall operate a home health agency if such person has
been found to be a disabled person in need of a guardian or conservator,
or both.

    (c) In accordance with the provisions of this subsection (c), The sec-
retary of health and environment shall have access to any criminal history
record information in the possession of the Kansas bureau of investigation
and any report of investigations as authorized by subsection (e) of K.S.A.
38-1523 and amendments thereto in the possession of the department of
social and rehabilitation services or court of this state, or any reports of
investigations, findings or assessments as provided in K.S.A. 39-1402 and
amendments thereto, 39-1404 and amendments thereto, 39-1411 and
amendments thereto, 39-1433 and amendments thereto and 39-1434 and
amendments thereto, in the possession of the department of health and
environment or the department of social and rehabilitation services con-
cerning persons working for a home health agency. The secretary shall
have access to these records for the purpose of determining whether or
not the home health agency meets the requirements of this section. The
Kansas bureau of investigation may charge to the department of health
and environment a reasonable fee for providing criminal history record
information under this subsection.

    (d) For the purpose of complying with this section, the operator of a
home health agency shall request from the department of health and
environment information obtained by the secretary of health and envi-
ronment under subsection (c), if any, which relates to a person who works
for the home health agency or is being considered for employment by
the home health agency, for the purpose of determining whether such
person is subject to the provisions of this section. For the purpose of
complying with this section, information relating to convictions and ad-
judications by the federal government or to convictions and adjudications
in states other than Kansas shall not be required until such time as the
secretary of health and environment determines the search for such in-
formation could reasonably be performed and the information obtained
within a two-week period. For the purpose of complying with this section,
a person who operates a home health agency may hire an applicant for
employment on a conditional basis pending the results from the depart-
ment of health and environment of a request for information under this
subsection. No home health agency, the operator or employees of a home
health agency or an employment agency, or the operator or employees
of an employment agency, which provides employees to work for the
home health agency shall be liable for civil damages resulting from any
decision to employ, to refuse to employ or to discharge from employment
any person based on such home health agency's compliance with the
provisions of this section if such home health agency or employment
agency acts in good faith to comply with this section.

    (e) For the purpose of subsection (a)(3), an act of abuse or neglect
shall not be considered to have been validated by the department of social
and rehabilitation services unless the alleged perpetrator has: (1) Had an
opportunity to be interviewed and present information during the inves-
tigation of the alleged act of abuse or neglect; and (2) been given notice
of the agency decision and an opportunity to appeal such decision to the
secretary and to the courts pursuant to the act for judicial review and civil
enforcement of agency actions.

    (f) The secretary of health and environment shall charge each person
requesting information under this section a fee equal to cost, not to ex-
ceed $10, for each name about which an information request has been
submitted under this section.

    (g) (f) No person who works for a home health agency and who is
currently licensed or registered by an agency of this state to provide pro-
fessional services in this state and who provides such services as part of
the work which such person performs for the home health agency shall
be subject to the provisions of this section.

    (h) (g) A person who volunteers to assist a home health agency shall
not be subject to the provisions of this section because of such volunteer
activity.

    (i) (h) No person who has been employed by the same home health
agency for five consecutive years immediately prior to the effective date
of this act shall be subject to the requirements of this section while em-
ployed by such adult care home health agency.

    (j) (i) The operator of a home health agency shall not be required
under this section to conduct a background check on an applicant for
employment with the home health agency if the applicant has been the
subject of a background check under this act within one year prior to the
application for employment with the home health agency. The operator
of a home health agency where the applicant was the subject of such
background check may release a copy of such background check to the
operator of a home health agency where the applicant is currently apply-
ing.

    (k) (j) This section shall be part of and supplemental to the provisions
of article 51 of chapter 65 of the Kansas Statutes Annotated and acts
amendatory thereof or supplemental thereto.

    Sec. 3. K.S.A. 74-8705 is hereby amended to read as follows: 74-
8705. (a) Major procurement contracts shall be awarded in accordance
with K.S.A. 75-3738 through 75-3744, and amendments thereto, or sub-
section (b), as determined by the director, except that:

    (1) The contract or contracts for the initial lease of facilities for the
Kansas lottery shall be awarded upon the evaluation and approval of the
director, the secretary of administration and the director of architectural
services;

    (2) The commission shall designate certain major procurement con-
tracts or portions thereof to be awarded, in accordance with rules and
regulations of the commission, solely to minority business enterprises.

    (b) The director may award any major procurement contract by use
of a procurement negotiating committee. Such committee shall be com-
posed of: (1) The executive director or a Kansas lottery employee desig-
nated by the executive director; (2) the chairperson of the commission or
a commission member designated by the chairperson; and (3) the director
of the division of purchases or an employee of such division designated
by the director. Prior to negotiating a major procurement contract, the
committee shall solicit bids or proposals thereon. The division of pur-
chases shall provide staff support for the committee's solicitations. Upon
receipt of bids or proposals, the committee may negotiate with one or
more of the persons submitting such bids or proposals and select from
among such persons the person to whom the contract is awarded. Such
procurements shall be open and competitive and shall consider relevant
factors, including security, competence, experience, timely performance
and maximization of net revenues to the state. If a procurement negoti-
ating committee is utilized, the provisions of K.S.A. 75-3738 through
75-3744, and amendments thereto, shall not apply. Meetings conducted
by the procurement negotiating committee shall be exempt from the pro-
visions of the Kansas open meeting act, K.S.A. 75-4317 through 75-4320a,
and amendments thereto.

    (c) Before a major procurement contract is awarded, the executive
director shall conduct a background investigation of: (1) The vendor to
whom the contract is to be awarded; (2) all officers and directors of such
vendor; (3) all persons who own a 5% or more interest in such vendor;
(4) all persons who own a controlling interest in such vendor; and (5) any
subsidiary or other business in which such vendor owns a controlling
interest. The vendor shall submit appropriate investigation authorizations
to facilitate such investigation. The executive director may require, in
accordance with rules and regulations of the commission, that a vendor
submit any additional information considered appropriate to preserve the
integrity and security of the lottery. In addition, the executive director
may conduct a background investigation of any person having a beneficial
interest in a vendor. The secretary of revenue, securities commissioner,
attorney general and director of the Kansas bureau of investigation shall
assist in any investigation pursuant to this subsection upon request of the
executive director. Whenever the secretary of revenue, securities com-
missioner, attorney general or director of the Kansas bureau of investi-
gation assists in such an investigation and incurs costs in addition to those
attributable to the operations of the office or bureau, such additional costs
shall be paid by the Kansas lottery. The furnishing of assistance in such
an investigation shall be a transaction between the Kansas lottery and the
respective officer and shall be settled in accordance with K.S.A. 75-5516,
and amendments thereto.

    Upon the request of the chairperson, the Kansas bureau of investigation
and other criminal justice agencies shall provide to the chairperson all
background investigation information including criminal history record
information, arrest and nonconviction data, criminal intelligence infor-
mation and information relating to criminal and background investiga-
tions of a vendor to whom a major procurement contract is to be awarded.
Such information, other than conviction data, shall be confidential and
shall not be disclosed, except as provided in this section. In addition to
any other penalty provided by law, disclosure of such information shall
be grounds for removal from office or termination of employment.

    (d) All major procurement contracts shall be subject to approval of
the commission.

    Sec. 4. K.S.A. 1997 Supp. 74-8709 is hereby amended to read as
follows: 74-8709. (a) There is hereby created the Kansas lottery commis-
sion, which shall be composed of five members who shall be appointed
by the governor, subject to confirmation by the senate as provided by
K.S.A. 75-4315b and amendments thereto. Except as provided by K.S.A.
1997 Supp. 46-2601, and amendments thereto, no person appointed to
the commission shall exercise any power, duty or function as a member
of the commission until confirmed by the senate. All members of the
commission shall be citizens of the United States and residents of this
state. Not more than three of the five members shall be members of the
same political party. A chairperson of the commission shall be designated
by the governor from the membership of the commission.

    (b) Except as provided by subsection (c), the members of the com-
mission shall serve for terms of four years and until their successors are
appointed and confirmed, except that the members first appointed shall
serve for terms designated by the governor as follows: One member shall
serve for a term of one year, one shall serve for a term of two years, one
shall serve for a term of three years and two shall serve for terms of four
years. Any vacancy occurring in the membership of the commission shall
be filled in the same manner as the original appointment for the remain-
der of the unexpired term.

    (c) The terms of members who are serving on the commission on the
effective date of this act shall expire on March 15, of the year in which
such member's term would have expired under the provisions of this
section prior to amendment by this act. Thereafter, members shall be
appointed for terms of four years and until their successors are appointed
and confirmed.

    (d) The commission shall hold at least four regular meetings each
year and such additional meetings as the chairperson deems desirable.
Special meetings shall be called by the chairperson upon written request
of the executive director or any three members of the commission. All
meetings shall be held at a place and time fixed by the chairperson. A
majority of the members of the commission shall constitute a quorum to
transact its business.

    (e) The commission shall consult with and advise the executive di-
rector relating to the operation of the state lottery, shall assist the director
in the establishment of policies and shall review and approve the proposed
annual budget for the Kansas lottery prepared by the executive director,
subject to all state laws governing budget procedures for state agencies.

    (f) The commission, in conjunction with the executive director, shall
make an ongoing study of the operation and administration of lotteries in
operation in other states or countries, of available literature on the sub-
ject, of federal laws and regulations which may affect the operation of the
lottery and of the reaction of citizens of this state to existing or proposed
features of lottery games, with a view toward implementing improve-
ments that will tend to serve the purposes of this act.

    (g) Major procurements recommended by the executive director
shall be subject to the approval of the commission.

    (h) The commission may enter into written agreements with one or
more other states or corporations made up of representatives of one or
more other states' lotteries and participate in the operation, marketing
and promotion of a joint lottery or joint lottery games, conforming to the
provisions of this act, which agreements shall not be subject to the pro-
visions of K.S.A. 75-3738 through 75-3744, and amendments thereto.

    (i) Subject to the limitations of appropriations therefor, members of
the commission shall receive such compensation as determined by the
governor. Members of the commission attending meetings of the com-
mission or subcommittee meetings thereof approved by the commission
shall be paid compensation, subsistence allowances, mileage and other
expenses as provided in K.S.A. 75-3223, and amendments thereto. In
addition, the chairperson of the commission, or the member of the com-
mission designated by the chairperson to serve on a procurement nego-
tiating committee, shall be paid amounts equal to amounts provided by
K.S.A. 75-3223, and amendments thereto, for compensation, subsistence
allowances, mileage and other expenses for attendance at meetings of a
procurement negotiating committee pursuant to K.S.A. 74-8705, and
amendments thereto.

    Sec. 5. K.S.A. 74-8705 and K.S.A. 1997 Supp. 39-970, 65-5117 and
74-8709 are hereby repealed.

    Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certify that the above Bill originated in the
House, and passed that body

__________________________________

House adopted
Conference Committee Report __________________________

__________________________________

Speaker of the House.

__________________________________

Chief Clerk of the House.

Passed the Senate
as amended __________________________

Senate adopted
Conference Committe Report __________________________

__________________________________

President of the Senate

__________________________________

Secretary of the Senate.

Approved__________________________

__________________________________

Governor.