April 1, 1998


Journal of the House


FIFTY-FIFTH DAY
______
Hall of the House of Representatives, Topeka, KS,
Wednesday, April 1, 1998, 9:00 a.m. 
 The House met pursuant to adjournment with Speaker Shallenburger in the chair.

 The roll was called with 123 members present.

 Rep. Lloyd was excused on verified illness.

 Rep. Pottorff was excused on excused absence by the Speaker.

 Present later: Rep. Pottorff.

 Prayer by Chaplain Washington:

      Heavenly Father,

       You said in Proverbs 11:11, that with the blessing of decent people a city is raised
      up, but by the words of deceitful people, it is torn down. Three verses later, in verse
      14, You said that a city without wise leaders will end up in ruin, while a city with
      many wise leaders will be kept safe.

       Lord, on this April Fool's Day, when some of us turn to a little lighthearted levity,
      on a more serious note, please deliver us from the heaviness of deceit and ruin. Make
      the leaders of our state and country wise that You may keep the people safe.

       I come in the Name of Jesus the Christ. Amen.

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

 Appropriations: HB 3025.

 To be referred: HCR 5055.

MESSAGE FROM THE SENATE
 Announcing passage of SB 643, 665; Sub. SB 666.

 Announcing adoption of SCR 1621.

 Announcing passage of Sub. HB 2972, as amended.

 The Senate concurs in House amendments to SB 67, and requests return of the bill.

 The Senate concurs in House amendments to SB 462, and requests return of the bill.

 The Senate concurs in House amendments to SB 470, and requests return of the bill.

 The Senate concurs in House amendments to SB 507.

 The President announced the appointment of Senator Barone as a member of the con-
ference committee on HB 2552 to replace Senator Biggs.

INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
 The following Senate bills and concurrent resolution were thereupon introduced and read
by title:

 SB 643, 665; Sub. SB 666; SCR 1621.

MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY
 On motion of Rep. Morrison, HR 6020, A resolution in memory of Donald D. Smith,
was adopted.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 HCR 5054, A concurrent resolution urging the United States Congress to support mod-
ernization of US-59 highway by designating it as a demonstration project, was considered
on final action.

 On roll call, the vote was: Yeas 121; Nays 2; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Phil Kline, Phill Kline, Krehbiel, Kuether, Land-
wehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary,
McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols,
O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Powell,
Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenbur-
ger, Sharp, Shore, Showalter, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wel-
shimer, Wempe, Wilk, Wilson.

 Nays: Klein, Shriver.

 Present but not voting: None.

 Absent or not voting: Lloyd, Pottorff.

 The resolution was adopted.

 H. Sub. for SB 100, An act concerning public records; relating to school district, county
and court records; amending K.S.A. 19-250, 19-252, 20-159 and 72-5371 and repealing the
existing sections, was considered on final action.

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

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary,
McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols,
O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Powell,
Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenbur-
ger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wel-
shimer, Wempe, Wilk, Wilson.

 Nays: Spangler.

 Present but not voting: None.

 Absent or not voting: Lloyd, Pottorff.

 The substitute bill passed, as amended.

 H. Sub. for SB 212, An act concerning telecommunications services; relating to universal
service, enhanced universal service and internet access; amending K.S.A. 1997 Supp. 66-
1,187, 66-2005, 66-2008 and 66-2011 and repealing the existing sections, was considered on
final action.

 On roll call, the vote was: Yeas 120; Nays 3; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Hender-
son, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson,
Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane,
Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, Mc-
Kinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Os-
borne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Powell, Powers, Presta, Ray, Rear-
don, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch,
Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer,
Wempe, Wilk, Wilson.

 Nays: Franklin, Helgerson, Packer.

 Present but not voting: None.

 Absent or not voting: Lloyd, Pottorff.

 The substitute bill passed, as amended.

EXPLANATIONS OF VOTE


 Mr. Speaker: I support this legislation because it preserves the sound policies adopted
overwhelmingly in 1996 based on months of work by the Strategic Planning Committee and
House Select Telecommunications Committee on which I served. Our policies have been
affirmed by the Supreme Court and deserve a chance to work. I'm especially glad my
colleagues on the Utilities Committee rejected repeated requests by the KCC Staff to un-
dermine our 1996 policies through various proposals for earnings audits and the elimination
of revenue neutral provisions that safeguard consumers and their providers from windfalls
or shortfalls as historic regulatory subsidies are ended. I vote yes on H. Sub. for SB
212.--Dixie Toelkes

 Mr. Speaker: While H. Sub. for SB 212 may reduce some of the tax increases the
legislature and the KCC have placed on cellular, residential and small business, it is still not
enough. Competition was supposed to reduce telephone costs but what we have seen is
increased costs to many consumers and greater profits to the utility companies. The legis-
lature and the KCC should be given the following message from their constituents--reduce
our telephone costs to the pre-1996 level. Therefore I vote no on H. Sub. for SB 212 and
will continue to push for reduced telephone charges.--Henry M. Helgerson, Cliff
Franklin

 SB 242, An act concerning the state board of healing arts; concerning respiratory therapy
and physical therapy; relating to licensure; amending K.S.A. 39-952, 40-2,111, 40-12a01,
60-513d, 60- 2609, 65-2901, 65-2904, 65-2905, 65-2907, 65-2908, 65-2909, 65-2910, 65-
2912, 65-2914, 65- 2918, 65-4116, 65-4921, 65-5502, 65-5503, 65-5504, 65-5505, 65-5506,
65-5507, 65-5510, 65- 5511, 65-5512, and 65-5514 and K.S.A. 1997 Supp. 7-121b, 17-2707,
21-3721, 40-3103, 40-3401, 40-3403, 65-1902, 65-2891, 65-2906, 65-2913, 65-4915, 65-
5508, 65-5509, 65-5912, 74-4916 and 74-4960a and repealing the existing sections, was
considered on final action.

 On roll call, the vote was: Yeas 108; Nays 15; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Ballard, Beggs, Benlon, Boston, Burroughs, Carmody,
Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Fa-
ber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Garner, Geringer, Gil-
bert, Gilmore, Glasscock, Grant, Gregory, Haley, Helgerson, Henderson, Henry, Holmes,
Horst, Howell, Huff, Humerickhouse, Hutchins, Johnson, Johnston, Kejr, Kirk, Klein, Phil
Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans,
McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Nich-
ols, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Powell, Powers, Ray,
Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Sharp, Shore, Showalter, Shriver,
Shultz, Sloan, Spangler, Stone, Storm, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilson.

 Nays: Aurand, Ballou, Campbell, Freeborn, Hayzlett, Jennison, Phill Kline, Mays, Neu-
feld, O'Connor, Packer, Presta, Shallenburger, Swenson, Wilk.

 Present but not voting: None.

 Absent or not voting: Lloyd, Pottorff.

 The bill passed, as amended.

 SB 400, An act concerning assignment of space and facilities in the state capitol; amending
K.S.A. 75-3765a and repealing the existing section, was considered on final action.

 On roll call, the vote was: Yeas 106; Nays 17; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston, Burroughs, Car-
mody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Emp-
son, Faber, Farmer, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer,
Gilbert, Gilmore, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes,
Horst, Huff, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether,
Landwehr, Lane, M. Long, P. Long, Mason, Mayans, McClure, McCreary, McKechnie,
Minor, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Packer, Pal-
mer, Pauls, E. Peterson, J. Peterson, Phelps, Powell, Powers, Presta, Ray, Reardon, Rein-
hardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver,
Shultz, Sloan, Stone, Storm, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vining, Wa-
gle, Weber, Weiland, Wells, Welshimer, Wilson.

 Nays: Ballou, Campbell, Feuerborn, Glasscock, Howell, Humerickhouse, Hutchins,
Krehbiel, Larkin, Mays, McKinney, Nichols, Spangler, Swenson, Vickrey, Wempe, Wilk.

 Present but not voting: None.

 Absent or not voting: Lloyd, Pottorff.

 The bill passed, as amended.

 SB 679, An Act concerning counties; relating to roads, bridges, culverts and cornerstones;
amending K.S.A. 19-1432 and 68-1103 and repealing the existing sections, was considered
on final action.

 On roll call, the vote was: Yeas 117; Nays 6; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Ballard, Beggs, Benlon, Boston, Burroughs, Campbell, Car-
mody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Emp-
son, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Gar-
ner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, John-
ston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Lane, Larkin, M. Long,
P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mol-
lenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer,
Pauls, E. Peterson, J. Peterson, Phelps, Powers, Presta, Ray, Reardon, Reinhardt, Ruff,
Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz,
Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: Aurand, Ballou, Gregory, Landwehr, Powell, Wagle.

 Present but not voting: None.

 Absent or not voting: Lloyd, Pottorff.

 The bill passed, as amended.

MOTIONS TO CONCUR AND NONCONCUR
 On motion of Rep. Glasscock, the House concurred in Senate amendments to HB 2559,
An act repealing K.S.A. 13-13c01 through 13-13c20, 13-2101 through 13-2106, 13-2108,
13-2109, 13- 2110 and 13-2903; concerning certain cities; relating to certain officers and
powers and duties thereof; concerning municipal parking authorities.

 On roll call, the vote was: Yeas 120; Nays 2; Present but not voting: 0; Absent or not
voting: 3.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Hel-
gerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jen-
nison, Johnson, Johnston, Kejr, Kirk, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Powell, Powers, Presta,
Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore,
Showalter, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes,
Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe,
Wilk, Wilson.

 Nays: Garner, Klein.

 Present but not voting: None.

 Absent or not voting: Lloyd, Pottorff, Shriver.

 On motion of Rep. Mayans, the House concurred in Senate amendments to HB 2607,
An act concerning the state long-term care ombudsman; attaching the office of the state
long-term care ombudsman to the department of administration for certain purposes; pre-
scribing certain powers, duties and functions; amending K.S.A. 75-5914, 75-5916, 75-5917,
75-5917a, 75-5918, 75-5918a, 75-5919, 75-5920, 75-5921, 75-5922, 75-5922a, 75-5922b and
75-5922c and repealing the existing sections.

 On roll call, the vote was: Yeas 113; Nays 10; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Empson,
Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Gilbert,
Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Henry, Holmes, Horst,
Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans,
McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neu-
feld, Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps,
Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Sharp, Shore,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch,
Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer,
Wempe, Wilk, Wilson.

 Nays: Cook, Edmonds, Faber, Geringer, Helgerson, Howell, Mays, Packer, Powell,
Shallenburger.

 Present but not voting: None.

 Absent or not voting: Lloyd, Pottorff.

 On motion of Rep. Glasscock, the House nonconcurred in Senate amendments to HB
2731 and asked for a conference.

 Speaker Shallenburger thereupon appointed Reps. Glasscock, Powers and Nichols as
conferees on the part of the House.

 On motion of Rep. Glasscock, the House nonconcurred in Senate amendments to HB
2759 and asked for a conference.

 Speaker Shallenburger thereupon appointed Reps. Glasscock, Packer and Welshimer as
conferees on the part of the House.

 On motion of Rep. Mayans, the House concurred in Senate amendments to HB 2832,
An act concerning county hospitals; relating to hospital boards; amending K.S.A. 19-4605
and repealing the existing section.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary,
McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols,
O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Powell,
Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenbur-
ger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tan-
ner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland,
Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Lloyd, Pottorff.

 On motion of Rep. Mayans, the House concurred in Senate amendments to HB 2835,
An act concerning the pharmacy act of the state of Kansas; dialysates, devices or drugs for
chronic kidney failure.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary,
McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols,
O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Powell,
Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenbur-
ger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tan-
ner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland,
Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Lloyd, Pottorff.

INTRODUCTION OF ORIGINAL MOTIONS
 On emergency motion of Rep. Jennison, pursuant to House Rule 2311, SB 6 was ad-
vanced to Final Action on Bills and Concurrent Resolutions, subject to amendment, debate
and roll call.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 Committee report to SB 6 was adopted; also, on motion of Rep. Shore to amend, the
motion did not prevail.

 Also, on motion of Rep. Helgerson to amend SB 6, Rep. Grant requested a ruling on the
amendment being germane to the bill. The Rules Chair ruled the amendment germane.
The question then reverted back to the motion of Rep. Helgerson which did not prevail.

 SB 6, An act enacting the Kansas Tax Reduction and Reform Act of 1998; amending
K.S.A. 79-201x, 79-32,119 and 79-32,121 and K.S.A. 1997 Supp. 72-6431 and repealing the
existing sections, was considered on final action.

 Call of the House was demanded.

 On roll call, the vote was: Yeas 121; Nays 2; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds,
Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn,
Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson,
Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison,
Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Powell, Powers, Presta,
Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch,
Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer,
Wempe, Wilson.

 Nays: Carmody, Wilk.

 Present but not voting: None.

 Absent or not voting: Lloyd, Pottorff.

 The bill passed, as amended.

INTRODUCTION OF GUESTS
 Rep. Stone welcomed the Emporia State Lady Hornets who won second in the NCAA
Division II basketball tournament in March. They were accompanied to the House by Coach
Cindy Stein and Assistant Coach Brandon Schneider.

 Rep. Stone presented each of the team members with a House certificate: Emily Bloss,
Nicole Dinkins, Amanda Duncan, Amanda Flick, Tara Holloway, Jessica Jenkins, Aneta
Kausaite, Jurgita Kausaite, La'Tonya Kindle, Jennifer Perine, Jennifer Schrimsher and
Shanna Spann.

 Coach Stein addressed a few remarks to the members of the House.

 On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
Ballard in the chair.

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

 Recommended that SB 672 be passed.

 SB 418 be passed over and retain a place on the calendar.

 On motion of Rep. Jennison, pursuant to House Rule 3905, the rules were suspended for
the purpose of considering HB 2921.

 Committee report to HB 2921 be adopted; also, on motion of Rep. Spangler be amended
on page 6, following line 10, by inserting the following:


``Judicial center carpet replacement $64,000

Judicial center rehabilitation and repair $50,000

Rehabilitation and repair--statehouse and cedar crest $50,000'';
    On page 7, following line 10, by inserting the following:


``Special maintenance repairs and improvements--state officebuildings $100,000''


and HB 2921 be passed as amended.

 On motion of Rep. Edmonds HB 2612 be amended on page 1, in line 14, preceding
``K.S.A.'' by inserting ``On and after July 1, 1998,'';

    On page 9, following line 8, by inserting the following sections:

    ``Sec. 2. K.S.A. 46-1106 is hereby amended to read as follows: 46-1106. (a) A financial-
compliance audit shall be conducted each year of the general purpose financial statements
prepared by the division of accounts and reports for its annual financial report. This audit
shall be conducted in accordance with generally accepted governmental auditing standards.
The resulting written audit report shall be issued as soon after the end of the fiscal year as
is practicable. In addition, separate written audit reports on the financial management prac-
tices of the office of the state treasurer and the pooled money investment board shall be
prepared addressing the adequacy of financial management practices and compliance with
applicable state laws. Copies of this report such reports shall be furnished to the governor,
director of accounts and reports, director of the budget, each state agency, the legislative
post audit committee and other persons or agencies as may be required by law or by the
specifications of the audit. Any additional costs associated with preparing the separate ad-
ditional reports on the office of the state treasurer and the pooled money investment board
shall be borne by the office of the state treasurer and the pooled money investment board
in accordance with K.S.A. 46-1121, and amendments thereto.

    (b) Including financial-compliance audit work conducted as part of the audit conducted
pursuant to subsection (a), financial-compliance audit work shall be conducted at each state
agency at least once every three years as directed by the legislative post audit committee.
Written reports on the results of such auditing shall be furnished to the governor, director
of accounts and reports, director of the budget, the state agency which is audited, the
legislative post audit committee and such other persons or agencies as may be required by
law or by the specifications of the audit.

    (c) Books and accounts of the state treasurer and the director of accounts and reports,
including the bond register of the state treasurer, may be examined monthly if the legislative
post audit committee so determines, and such examination may include detailed checking
of every transaction or test checking.

    Any person receiving tax information under the provisions of subsection (a) or (b) shall
be subject to the same duty of confidentiality imposed by law upon the personnel of the
department of revenue and shall be subject to any civil or criminal penalties imposed by
law for violations of such duty of confidentiality.

    (d) The post auditor shall report immediately in writing to the legislative post audit
committee, governor and attorney general whenever it appears in the opinion of the post
auditor that there may have occurred any violation of penal statutes or any instances of
misfeasance, malfeasance or nonfeasance by a public officer or employee disclosed by any
audit or audit work conducted under the legislative post audit act. The post auditor shall
furnish the attorney general all information in the possession of the post auditor relative to
any report referred to the attorney general. The attorney general shall institute and prose-
cute civil proceedings against any such delinquent officer or employee, or upon such officer
or employee's official bond, or both, as may be needed to recover for the state any funds
or other assets misappropriated. The attorney general shall also prosecute such ouster and
criminal proceedings as the evidence in the case warrants. Any person receiving tax infor-
mation under the provisions of this subsection shall be subject to the same duty of confi-
dentiality imposed by law upon the personnel of the department of revenue and shall be
subject to any civil or criminal penalties imposed by law for violations of such duty of
confidentiality.

    (e) The post auditor shall immediately report to the committee on surety bonds and
insurance when any audit or audit work conducted under the legislative post audit act
discloses a shortage in the accounts of any state agency, officer or employee.

    (f) In the discharge of the duties imposed under the legislative post audit act, the post
auditor may require state agencies to preserve and make available their accounts, records,
documents, vouchers, requisitions, payrolls, canceled checks or vouchers and coupons, and
other evidence of financial transactions.

    (g) In the discharge of the duties imposed under the legislative post audit act, the post
auditor or firm conducting a financial-compliance audit or conducting other financial-com-
pliance audit work shall have access to all books, accounts, records, files, documents and
correspondence, confidential or otherwise, of any person or state agency subject to the
legislative post audit act or in the custody of any such person or state agency. Except as
otherwise provided in this subsection, the post auditor or firm conducting a financial-com-
pliance audit or other financial-compliance audit work and all employees and former em-
ployees of the division of post audit or firm performing a financial-compliance audit or other
financial-compliance audit work shall be subject to the same duty of confidentiality imposed
by law on any such person or state agency with regard to any such books, accounts, records,
files, documents and correspondence, and any information contained therein, and shall be
subject to any civil or criminal penalties imposed by law for violations of such duty of
confidentiality. The duty of confidentiality imposed on the post auditor and on firms con-
ducting financial-compliance audits or other financial-compliance audit work and all em-
ployees of the division of post audit and all employees of such firms shall be subject to the
provisions of subsection (d), and the post auditor may furnish all such books, accounts,
records, files, documents and correspondence, and any information contained therein to the
attorney general pursuant to subsection (d). Upon receipt thereof, the attorney general and
all assistant attorneys general and all other employees and former employees of the office
of attorney general shall be subject to the same duty of confidentiality with the exceptions
that any such information contained therein may be disclosed in civil proceedings, ouster
proceedings and criminal proceedings which may be instituted and prosecuted by the at-
torney general in accordance with subsection (d), and any such books, accounts, records,
files, documents and correspondence furnished to the attorney general in accordance with
subsection (d) may be entered into evidence in any such proceedings. Nothing in this sub-
section shall be construed to supersede any requirement of federal law.

    (h) Any firm or firms which develop information in the course of conducting a financial-
compliance audit or other financial-compliance audit work which the post auditor is required
to report under subsection (d) or (e) shall immediately report such information to the post
auditor. The post auditor shall then make the report required in subsection (d) or (e).

    New Sec. 3. Commencing on or before June 30, 1999, and at least every two years
thereafter, a comparative investment performance review and an audit of the investment
program of the pooled money investment board shall be conducted. Such review and audit
shall include an evaluation of current investment policies and practices and of specific in-
vestments of the pooled money investment portfolio and recommendations relating to the
investment policies and practices and to specific investments of the portfolio as are consid-
ered necessary or desirable. The firm or individual to perform the work required by this
subsection shall be selected in accordance with K.S.A. 75-37,102, and amendments thereto.
The cost of such comparative investment performance review and such audit of the invest-
ment program of the pooled money investment board shall be borne by the pooled money
investment board.

    Sec. 4. K.S.A. 75-4222 is hereby amended to read as follows: 75-4222. (a) It shall be
unlawful for the pooled money investment board to award a state bank account to any
depository bank in which any member of the board is interested as a stockholder or officer,
except upon the unanimous vote of the other members of the board.

    (b) The board shall appoint a director of investments who shall be in the unclassified
service under the Kansas civil service act. The board may appoint investment officers and
investment analysts, who shall be in the unclassified service of the Kansas civil service act.
In addition the board may appoint such employees as may be needed who shall be in the
classified service of the Kansas civil service act.

    (c) From and after the effective date of this act, all current employees of the office of
the state treasurer performing any responsibilities, powers, duties or functions related to
the municipal investment pool fund are hereby transferred to the pooled money investment
board. All such employees shall retain all retirement benefits and all rights of civil service
which such employees had before the effective date of this act and their service shall be
deemed to have been continuous. All such transfers shall be in accordance with civil service
laws and rules and regulations.

    (d) From and after the effective date of this act, the liability for all accrued compen-
sation, wages or salaries of employees who, immediately prior to such date, were engaged
in the performance of responsibilities, powers, duties or functions relating to the municipal
investment pool fund in the office of the state treasurer and who are transferred to the
pooled money investment board pursuant to subsection (c), shall be assumed and paid from
appropriations to the state treasurer for operations of the municipal investment pool fund
and operations of the pooled money investment board.

    (e) The employees working for the pooled money investment board shall have access
at all times to all papers, documents and property in the custody or possession of the state
treasurer that relate to duties of the board, and the state treasurer shall take such steps as
may be necessary to make this provision of law effective for such purposes as the pooled
money investment board may indicate.

    (f) On and after the effective date of this act, the state treasurer shall provide the pooled
money investment board office space, services, equipment, materials and supplies, and all
purchasing and related management functions required by the pooled money investment
board in the exercise of the powers, duties and functions imposed or authorized upon such
board. The portion of the state treasurer's budget relating to the operations of the pooled
money investment board shall be approved by the pooled money investment board prior to
submission to the director of the budget.

    (g) The director of investments shall keep and preserve a written record of the board's
proceedings.

    (h) The board shall make an annual report to the legislature of the investments by the
board of all moneys under the jurisdiction and control of the board, by filing a copy of the
report with the chief clerk of the house of representatives and with the secretary of the
senate no later than the 10th calendar day of each regular session of the legislature.

    (i) The board shall provide for an audit of the investment program at least every two
years. Such audit shall be conducted by a firm as defined in K.S.A. 46-1112, and amend-
ments thereto. Such audit shall be conducted in accordance with generally accepted gov-
ernmental auditing standards. Such audit shall include an evaluation of current investment
policies and practices and of specific investments of the pooled money investment portfolio
and recommendations relating to the investment policies and practices and to specific in-
vestments of the portfolio as are considered necessary or desirable. The resulting written
audit report shall be issued as soon after the end of the fiscal year as is practicable. Copies
of this report shall be furnished to the governor, director of accounts and reports, director
of the budget and the legislative post audit committee. A copy of the report shall be filed
with the chief clerk of the house of representatives and with the secretary of the senate no
later than the 10th calendar day of the regular session of the legislature following completion
of such audit. The cost of such audit work shall be borne by the pooled money investment
board.

    Sec. 5. K.S.A. 75-4234 is hereby amended to read as follows: 75-4234. (a) Except as
provided in subsection (d) (c), all moneys in the state treasury shall be invested as a single
portfolio which is hereby designated as the pooled money investment portfolio. The portfolio
shall be invested in accordance with article 42 of chapter 75 of the Kansas Statutes Anno-
tated, and amendments thereto. The director of investments shall compute daily the earnings
of the portfolio, including realized gains and losses. The pooled money investment board
by written policy may provide for allocation of unrealized gains or losses. The director of
investments shall calculate on a daily basis and shall deduct from earnings an administrative
fee which shall be set by the board and applied as a fixed percentage of moneys in the
pooled money investment portfolio. The administrative fee shall not exceed .25% annually
on moneys deposited in the municipal investment pool and .10% annually on other moneys
in the pooled money investment portfolio. The director of investments shall deposit the
administrative fee in accordance with K.S.A. 75-4235, and amendments thereto. The gross
earnings, after deduction of the administrative fee, shall be designated as the net earnings
of the pooled money investment portfolio.

    (b) A comparative investment performance review of the pooled money investment
portfolio shall be contracted for periodically by the pooled money investment board. The
costs of such review shall be paid from moneys appropriated to the state treasurer for
operations of the pooled money investment board.

    (c) (b) The pooled money investment board shall may contract for the services of an
external investment advisor to provide advisory services concerning the investment policies
and practices of the pooled money investment portfolio. Such investment advisor shall not
be the person or firm contracted with under subsection (b) section 3.

    (d) (c) Moneys in the employment security fund established by K.S.A. 44-712, and
amendments thereto, shall not be invested in the pooled money investment portfolio except
as may be authorized by the secretary of human resources pursuant to subsection (e) of
K.S.A. 44-712, and amendments thereto.

    (e) (d) For moneys in funds designated in this subsection that are in the pooled money
investment portfolio and which are not invested in the municipal investment pool, interest
is to be paid on such moneys based on the average daily balance in the fund for each month
and the net earnings rate of the pooled money investment portfolio for such month. This
subsection shall apply to the state highway fund and funds for bonds and other debt instru-
ments of state agencies and authorities.

    (f) (e) Moneys in funds designated in this subsection shall not be invested in investment
options of the municipal investment pool fund for which the minimum term of such in-
vestment is less than 21 days. This subsection shall apply to state moneys, other than moneys
of municipalities as described in subsection (a) of K.S.A. 12-1675, and amendments thereto.

    Sec. 6. K.S.A. 46-1106, 75-627, 75-4222 and 75-4234 are hereby repealed.'';

    By renumbering sections accordingly;

    Also on page 9, in line 9, preceding ``K.S.A.'' by inserting ``On and after July 1, 1998,'';
in line 11, by striking ``statute book'' and inserting ``Kansas register'';

    In the title, in line 9, by striking ``legislative post audit'' and inserting ``audits''; in line 10,
preceding ``amending'' by inserting ``concerning the pooled money investment board;''; also
in line 10, following ``K.S.A.'' by inserting ``46-1106, 75-4222 and 75-4234 and K.S.A.''; in
line 11, by striking ``section.'' and inserting ``sections; also repealing K.S.A. 75-627.''; and
HB 2612 be passed as amended.

 Rep. Haley requested unanimous consent to be added as a sponsor to HCR 5052. There
was no objection; and the resolution be adopted.

REPORTS OF STANDING COMMITTEES
    The Committee on Appropriations recommends HB 2748 be amended on page 1, in
line 39, before ``No'', by inserting ``(1)'';

    On page 2, following line 7, by inserting a new paragraph as follows:

    ``(2) The provisions of this subsection shall expire on June 30, 2000, unless amended by
act of the legislature prior to such date.''; and the bill be passed as amended.

CHANGE OF CONFEREES
 Speaker pro tem Wagle announced the appointment of Rep. Ruff as a member of the
conference committee on SB 469 to replace Rep. Gilbert.

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









April 1, 1998


______
Afternoon Session
 The House met pursuant to recess with Speaker Shallenburger in the chair.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following resolution was referred to committee as indicated:

 Appropriations: HCR 5055.

MESSAGE FROM THE SENATE
 Announcing passage of SB 642.

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

 SB 642.

 On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
O'Neal in the chair.

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

 Recommended that committee report recommending a substitute bill to H. Sub. for SB
618 be adopted; also, roll call was demanded on motion of Rep. Farmer to amend on page
35, in line 23, by striking ``section 44'' and inserting ``any postretirement benefit increase as
provided in this act''; in line 26, by striking all after ``of'' and inserting ``any postretirement
benefit increase as provided in this act'';

    On page 80, by striking all in lines 21 through 43;

    On page 81, by striking all in lines 1 through 10 and inserting a new section as follows:

    ``New Sec. 44. (a) The retirement benefit, pension or annuity payments accruing after
June 30, 1998, to each retirant and each local school annuitant shall be increased by an
amount equal to 4.0% of the retirement benefit, pension or annuity payment in effect on
July 1, 1998, from the retirant's retirement system and shall be paid by such retirement
system to the retirant and the local school annuitant during such period.

    (b) As used in this section:

    (1) ``Retirant'' means (A) any person who is a member of a retirement system and who
retired prior to July 1, 1993, (B) any person who is a special member of a retirement system
and who retired prior to July 1, 1993, and (C) any person who is a joint annuitant or
beneficiary of any member described in clause (A) or any special member described in
clause (B).

    (2) ``Retirement system'' means the Kansas public employees retirement system, the
Kansas police and firemen's retirement system, the state school retirement system and the
retirement system for judges.

    (3) ``Local school annuitant'' means (A) any person who is an annuitant with 10 or more
years of service, who is receiving an annuity, whose annuity is not included, in whole or in
part, in payments made to such school district under K.S.A. 72-5512b and amendments
thereto, and who is not a member of a group I or of group II as defined in K.S.A. 72-5518
and amendments thereto, and (B) any person who is receiving an annuity and who retired
prior to September 1, 1981.'';

    On page 1, in the title, in line 14, by striking ``permanent cost-of-living'' and inserting
``postretirement benefit'';

 On roll call, the vote was: Yeas 51; Nays 73; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Aurand, Ballou, Beggs, Benlon, Boston, Campbell, Compton, Dahl, Dreher, Emp-
son, Faber, Farmer, Franklin, Freeborn, Gilmore, Glasscock, Gregory, Hayzlett, Horst,
Huff, Jennison, Johnson, Kejr, Phil Kline, Phill Kline, Landwehr, P. Long, Mason, Mc-
Creary, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, Osborne, Palmer, J. Peterson,
Pottorff, Presta, Ray, Samuelson, Schwartz, Shore, Stone, Tanner, Tomlinson, Vining, Wa-
gle, Weber, Wilk, Wilson.

 Nays: Adkins, Alldritt, Allen, Ballard, Burroughs, Carmody, Cook, Correll, Cox, Crow,
Dean, Dillon, Edmonds, Feuerborn, Findley, Flaharty, Flora, Flower, Garner, Geringer,
Gilbert, Grant, Haley, Helgerson, Henderson, Henry, Holmes, Howell, Humerickhouse,
Hutchins, Johnston, Kirk, Klein, Krehbiel, Kuether, Lane, Larkin, M. Long, Mayans, Mays,
McClure, McKechnie, McKinney, Minor, Nichols, O'Neal, Packer, Pauls, E. Peterson,
Phelps, Powell, Powers, Reardon, Reinhardt, Ruff, Sawyer, Shallenburger, Sharp, Showal-
ter, Shriver, Shultz, Sloan, Spangler, Storm, Swenson, Thimesch, Toelkes, Toplikar, Vickrey,
Weiland, Wells, Welshimer, Wempe.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 The motion of Rep. Farmer did not prevail.

 Also, on motion of Rep. Wempe H. Sub. for SB 618 be amended on page 50, by striking
all in lines 24 through 43;

    On page 51, by striking all in lines 1 through 9;

    And by renumbering sections accordingly;

    On page 81, in line 15, by striking ``74-4939,'';

    On page 1, in the title, in line 19, by striking ``74-4939,'';

 Also, on motion of Rep. Shriver to amend H. Sub. for SB 618, the motion did not
prevail.

 Also, on motion of Rep. E. Peterson H. Sub. for SB 618 be amended on page 29, in
line 37, after the period by inserting ``For any member who elected to purchase service
credit as provided in this section prior to the effective date of this act at the 1% rate, such
member may elect to purchase such service credit at an additional amount of .75% of final
average salary of such member in a lump-sum amount as otherwise provided in this sub-
section.'';

    On page 30, in line 26, after the period, by inserting ``For any member who elected to
purchase service credit as provided in this section prior to the effective date of this act at
the 1% rate, such member may elect to purchase such service credit at an additional amount
of .75% of final average salary of such member in a lump-sum amount as otherwise provided
in this subsection.'';

    On page 31, in line 7, after the period, by inserting ``For any member who elected to
purchase service credit as provided in this section prior to the effective date of this act at
the 1% rate, such member may elect to purchase such service credit at an additional amount
of .75% of final average salary of such member in a lump-sum amount as otherwise provided
in this subsection.''; in line 34, after the period by inserting ``For any member who elected
to purchase service credit as provided in this section prior to the effective date of this act
at the 1% rate, such member may elect to purchase such service credit at an additional
amount of .75% of final average salary of such member in a lump-sum amount as otherwise
provided in this subsection.'';

    On page 50, in line 5, after the period, by inserting ``For any member who elected to
purchase service credit as provided in this section prior to the effective date of this act at
the 1% rate, such member may elect to purchase such service credit at an additional amount
of .75% of final average salary of such member in a lump-sum amount as otherwise provided
in this subsection.'';

 Also, on motion of Rep. Powell to amend H. Sub. for SB 618, Rep. Dean rose on a
point of order as to whether a resolution can be amended into a bill. The Rules Chair stated
it could not unless it was correctly drafted to be amended into a bill and the resolving clause
omitted. The Chair stated the amendment was correctly drafted and was in order. Rep.
Dean then requested a ruling on the amendment being germane to the bill. The Rules Chair
ruled the amendment germane. The question then reverted back to the motion of Rep.
Powell to amend House Substitute for SB 618, on page 81, after line 10, by inserting a
new section as follows:

    ``New Sec. 85. (a)(1) Whereas, social security is a federal program that does not rec-
ognize the individual retirement needs of many Americans;

    (2) Whereas, social security tax revenues alone will be insufficient to pay current benefits
as early as the year 2012;

    (3) Whereas, the social security trust funds may be completely exhausted by the year
2029;

    (4) Whereas, the investment return on social security contributions made by many work-
ers today is significantly below that available from other sources;

    (5) Whereas, workers deserve the opportunity to invest more productively for their own
retirements;

    (6) Whereas, more retirement investment alternatives might dramatically increase work-
ers' savings rate and retain more young adults who otherwise would leave the state for jobs
elsewhere;

    (7) Whereas, the federal government has recognized a state's ability to develop suc-
cessful alternatives for managing programs at the state level through waivers and numerous
federal and state partnerships such as welfare-to-work job training;

    (8) Whereas, three counties in Texas have demonstrated great success in developing
alternative retirement options for public employees after opting them out of the federal
social security system; and

    (9) Whereas, several countries have successfully privatized their public pension and
social security systems in order to avoid many of the same pitfalls being experienced by the
U.S. social security system.

    (b) The state of Kansas urges the Congress of the United States to enact legislation
amending the social security act to allow the issuance of waivers to the states that will permit
the design and implementation of alternatives to social security.'';

    And by renumbering sections accordingly;

    On page 1, in the title, in line 15, before ``amending'' by inserting ``urging congress to
enact laws to allow states to design and implement alternative retirement plans;'';

 Roll call was demanded.

 On roll call, the vote was: Yeas 37; Nays 84; Present but not voting: 3; Absent or not
voting: 1.

 Yeas: Ballou, Boston, Campbell, Carmody, Dahl, Edmonds, Faber, Farmer, Flower,
Freeborn, Geringer, Gilmore, Gregory, Humerickhouse, Jennison, Kejr, Landwehr, Mason,
McCreary, Morrison, Myers, Neufeld, O'Connor, Osborne, Packer, Palmer, J. Peterson,
Pottorff, Powell, Presta, Schwartz, Shallenburger, Tomlinson, Toplikar, Wagle, Weber, Wil-
son.

 Nays: Adkins, Alldritt, Allen, Ballard, Beggs, Benlon, Burroughs, Compton, Cook, Correll,
Cox, Crow, Dean, Dillon, Dreher, Empson, Feuerborn, Findley, Flaharty, Flora, Franklin,
Garner, Gilbert, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes,
Horst, Howell, Huff, Hutchins, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Kreh-
biel, Kuether, Lane, M. Long, P. Long, Mays, McClure, McKechnie, McKinney, Minor,
Mollenkamp, Nichols, O'Neal, Pauls, E. Peterson, Phelps, Powers, Ray, Reardon, Reinhardt,
Ruff, Samuelson, Sawyer, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone,
Storm, Swenson, Tanner, Thimesch, Toelkes, Vickrey, Vining, Weiland, Wells, Welshimer,
Wempe, Wilk.

 Present but not voting: Aurand, Larkin, Mayans.

 Absent or not voting: Lloyd.

 The motion of Rep. Powell did not prevail.

 Also, on motion of Rep. Weber H. Sub. for SB 618 be amended on page 81, after line
10, by inserting a new section as follows:

    ``New Sec. 45. The board of trustees of the Kansas public employees retirement system
shall employ a qualified actuary to conduct a study as provided in this section which shall
be reported to the legislature at the beginning of the 1999 regular session of the legislature.
The study shall be conducted to determine and analyze the effects of converting the retire-
ment systems administered by the board of trustees from defined benefit plans to defined
contribution plans with respect to current or future state employee members of such sys-
tems, or both.'';

    And by renumbering sections accordingly;

 Also, on motion of Rep. Nichols H. Sub. for SB 618 be amended on page 54, in line
14, after the period by inserting ``Notwithstanding any other provisions of this subsection,
``police,'' ``policeman'' or ``policemen'' shall include a city or county correctional officer who
is specifically designated, appointed, commissioned or styled as such by the governing body
or city manager of the participating employer and certified to the retirement system as such
commencing on July 1, 1998, and ending on June 30, 1999.'';

    On page 81, after line 10, by inserting the following:

    ``Sec. 45. K.S.A. 1997 Supp. 46-2201 is hereby amended to read as follows: 46-2201.
(a) On January 1, 1993, there is hereby created the joint committee on pensions, investments
and benefits which shall be composed of five senators and eight members of the house of
representatives. The five senate members shall be the chairperson of the standing committee
on ways and means of the senate, or a member of such committee appointed by the chair-
person, two members appointed by the president and two members appointed by the mi-
nority leader. The eight representative members shall be the chairperson of the standing
committee on appropriations of the house of representatives, or a member of such com-
mittee appointed by the chairperson, four members appointed by the speaker and three
members appointed by the minority leader.

    (b) All members of the joint committee on pensions, investments and benefits shall
serve for terms ending on the first day of the regular legislative session in odd-numbered
years. After June 30 in odd-numbered years, the chairperson shall be one of the represen-
tative members of the joint committee selected by the speaker and the vice-chairperson
shall be one of the senate members selected by the president. After June 30 in even-num-
bered years, the chairperson shall be one of the senate members of the joint committee
selected by the president and the vice-chairperson shall be one of the representative mem-
bers of the joint committee selected by the speaker. The chairperson and vice-chairperson
of the joint committee shall serve in such capacities until July 1 of the ensuing year. The
vice-chairperson shall exercise all of the powers of the chairperson in the absence of the
chairperson.

    (c) The joint committee on pensions, investments and benefits shall meet at any time
and at any place within the state on call of the chairperson. Members of the joint committee
shall receive compensation and travel expenses and subsistence expenses or allowances as
provided in K.S.A. 75-3212 and amendments thereto when attending meetings of such
committee authorized by the legislative coordinating council.

    (d) In accordance with K.S.A. 46-1204 and amendments thereto, the legislative coor-
dinating council may provide for such professional services as may be requested by the joint
committee on pensions, investments and benefits.

    (e) The joint committee on pensions, investments and benefits may introduce such
legislation as deemed necessary in performing such committee's functions.

    (f) The joint committee on pensions, investments and benefits shall:

    (1) Monitor, review and make recommendations regarding investment policies and ob-
jectives formulated by the board of trustees of the Kansas public employees retirement
system;

    (2) review and make recommendations relating to benefits for members under the Kan-
sas public employees retirement system;

    (3) consider and make recommendations to the standing committee of the senate spec-
ified by the president of the senate relating to the confirmation of members of the board
of trustees of the Kansas public employees retirement system appointed pursuant to K.S.A.
74-4905 and amendments thereto. On and after July 1, 1993, the information provided by
the Kansas bureau of investigation or other criminal justice agency pursuant to subsection
(h) of K.S.A. 74-4905 and amendments thereto relating to the confirmation of members of
the board to the standing committee of the senate specified by the president shall be for-
warded by the Kansas bureau of investigation or such other criminal justice agency to such
joint committee for such joint committee's consideration and other than conviction data,
shall be confidential and shall not be disclosed except to members and employees of the
joint committee as necessary to determine qualifications of such member. The committee,
in accordance with K.S.A. 75-4319 and amendments thereto shall recess for a closed or
executive meeting to receive and discuss information received by the committee pursuant
to this subsection; and

    (4) review and make recommendations to the legislature by the first day of legislative
session commencing in 1997 relating to the implementation of a permanent policy regarding
adjustments in retirement benefit payments to retirants and disabled members. Such rec-
ommendations should include a review of cost-of-living adjustments, the shared earnings
proposal presented to the 1996 legislature and other mechanisms for prefunding adjust-
ments in retirement benefit payments to retirants and disabled members as an alternative
to annual cost-of-living adjustments. In conducting such review the committee may utilize
legislative staff, Kansas public employees retirement system staff, the Kansas public em-
ployees retirement system actuary and other consultants. Any recommendations shall in-
clude actuarially based cost estimates, including an assessment of the impact on the Kansas
public employees retirement system fund's unfunded actuarial liability; and
    (5)  review and make recommendations relating to inclusion of city and county cor-
rectional officers as eligible members of the Kansas police and firemen's retirement system.'';

    And by renumbering sections accordingly;

    Also on page 81, in line 13, after ``Supp.'' by inserting ``46-2201,'';

    On page 1, in the title, in line 17, after ``Supp.'' by inserting ``46-2201,''; and H. Sub. for
SB 618 be passed as amended.

REPORTS OF STANDING COMMITTEES
    The Committee on Appropriations recommends HB 2989 be amended on page 4, in
line 42, following ``individuals'', by inserting ``but not less than 10% of the total bed count'';
and the bill be passed as amended.

    The Committee on Appropriations recommends SB 545, as amended by Senate Com-
mittee of the Whole, be amended on page 1, by striking all in lines 17 through 33 and
inserting in lieu thereof the following:

    ``Section 1. K.S.A. 1997 Supp. 65-6703 is hereby amended to read as follows: 65-6703.
(a) No person shall perform or induce an abortion when the fetus is viable unless such
person is a physician and has a documented referral from another physician not legally or
financially associated affiliated with the physician performing or inducing the abortion and
both physicians determine that: (1) The abortion is necessary to preserve the life of the
pregnant woman; or (2) the fetus is affected by a severe or life-threatening deformity or
abnormality a continuation of the pregnancy will cause a substantial and irreversible im-
pairment of a major bodily function of the pregnant woman.

    (b) (1) Except in the case of a medical emergency, prior to performing an abortion upon
a woman, the physician shall determine the gestational age of the fetus by applying the
factors usually applied by a physician engaged in obstetrical, perinatal or neonatal practice
under the same or similar circumstances. If the physician determines the gestational age is
less than 20 weeks, the physician shall document as part of the medical records of the woman
the basis for the determination.
    (2) If the physician determines the gestational age of the fetus is 20 or more weeks, prior
to performing an abortion upon the woman the physician shall determine if the unborn child
is viable by using and exercising that degree of care, skill and proficiency commonly exercised
by the ordinary skillful, careful and prudent physician engaged in obstetrical, perinatal or
neonatal practice under the same or similar conditions. In making this determination of
viability, the physician shall perform or cause to be performed such medical examinations
and tests as are necessary to make a finding of the gestational age, weight and lung maturity
of the unborn child and shall enter such findings and determinations of viability in the
medical record of the woman.
    (3) If the physician determines the gestational age of a fetus is 20 or more weeks, deter-
mines that the fetus is not viable and performs an abortion on the mother, the physician
shall report such determinations and the reasons for such determinations in writing to the
medical care facility in which the abortion is performed for inclusion in the report of the
medical care facility to the secretary of health and environment under K.S.A. 65-445 and
amendments thereto or if the abortion is not performed in a medical care facility, the phy-
sician shall report such determinations and the reasons for such determinations in writing
to the secretary of health and environment as part of the written report made by the phy-
sician to the secretary of health and environment under K.S.A. 65-445 and amendments
thereto.
    (4) If the physician who is to perform the abortion determines the gestational age of a
fetus is 20 or more weeks, determines that the fetus is viable, both physicians under subsec-
tion (a) determine in accordance with the provisions of subsection (a) that an abortion is
necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy
will cause a substantial and irreversible impairment of a major bodily function of the preg-
nant woman and the physician performs an abortion on the woman, the physician who
performs the abortion shall report such determinations, the reasons for such determinations
and the basis for the determination that an abortion is necessary to preserve the life of the
pregnant woman or that a continuation of the pregnancy will cause a substantial and irre-
versible impairment of a major bodily function of the pregnant woman in writing to the
medical care facility in which the abortion is performed for inclusion in the report of the
medical care facility to the secretary of health and environment under K.S.A. 65-445 and
amendments thereto or if the abortion is not performed in a medical care facility, the phy-
sician who performs the abortion shall report such determinations, the reasons for such
determinations and the basis for the determination that an abortion is necessary to preserve
the life of the pregnant woman or that a continuation of the pregnancy will cause a sub-
stantial and irreversible impairment of a major bodily function of the pregnant woman in
writing to the secretary of health and environment as part of the written report made by
the physician to the secretary of health and environment under K.S.A. 65-445 and amend-
ments thereto.
    (5) The physician shall retain the medical records required to be kept under paragraphs
(1) and (2) of this subsection (b) for not less than three years and shall retain a copy of the
written reports required under paragraphs (3) and (4) of this subsection (b) for not less than
five years.
    (c) A woman upon whom an abortion is performed shall not be prosecuted under this
section for a conspiracy to violate this section pursuant to K.S.A. 21-3302, and amendments
thereto.
    (d) Nothing in this section shall be construed to create a right to an abortion. Notwith-
standing any provision of this section, a person shall not perform an abortion that is pro-
hibited by law.
    (e) As used in this section, ``viable'' means that stage of fetal development when, in the
judgment of the physician based upon the particular facts of the case before the physician
and in light of the most advanced medical technology and information available to the phy-
sician, there is a reasonable likelihood of sustained survival of the unborn child outside the
body of the mother, with or without artificial support.
    (f) If any provision of this section is held to be invalid or unconstitutional, it shall be
conclusively presumed that the legislature would have enacted the remainder of this section
without such invalid or unconstitutional provision.

    (b) Violation of this section is a class A person misdemeanor.

    (g) Upon conviction of a violation of this section, a person shall be guilty of a severity
level 10, person felony.

    New Sec. 2. (a) No person shall perform or induce a partial birth abortion unless such
person is a physician and has a documented referral from another physician not legally or
financially affiliated with the physician performing or inducing the abortion and both phy-
sicians determine that the abortion is necessary to preserve the life of the pregnant woman.

    (b) As used in this section, partial birth abortion means an abortion in which the fetus
is partially delivered vaginally and then intentionally killed before completing the delivery.

    (c) If a physician determines in accordance with the provisions of subsection (a) that an
abortion is necessary to preserve the life of the pregnant woman and performs an abortion
on the woman, the physician shall report such determination and the reasons for such
determination in writing to the medical care facility in which the abortion is performed for
inclusion in the report of the medical care facility to the secretary of health and environment
under K.S.A. 65-445 and amendments thereto or if the abortion is not performed in a
medical care facility, the physician shall report the reasons for such determination in writing
to the secretary of health and environment as part of the written report made by the phy-
sician to the secretary of health and environment under K.S.A. 65-445 and amendments
thereto. The physician shall retain a copy of the written reports required under this sub-
section for not less than five years.

    (d) A woman upon whom an abortion is performed shall not be prosecuted under this
section for a conspiracy to violate this section pursuant to K.S.A. 21-3302, and amendments
thereto.

    (e) Nothing in this section shall be construed to create a right to an abortion. Notwith-
standing any provision of this section, a person shall not perform an abortion that is prohib-
ited by law.

    (f) Upon a first conviction of a violation of this section, a person shall be guilty of a class
A person misdemeanor. Upon a second or subsequent conviction of a violation of this sec-
tion, a person shall be guilty of a severity level 10, person felony.

    Sec. 3. K.S.A. 1997 Supp. 65-6712 is hereby amended to read as follows: 65-6712. Any
physician who intentionally, knowingly or recklessly fails to provide informed consent pur-
suant to the woman's-right-to-know act, whether or not an abortion is actually performed
on the woman, is guilty of unprofessional conduct as defined in K.S.A. 65-2837 and amend-
ments thereto.

    Sec. 4. K.S.A. 1997 Supp. 65-445 is hereby amended to read as follows: 65-445. (a)
Every medical care facility shall keep written records of all pregnancies which are lawfully
terminated within such medical care facility and shall annually submit a written report
thereon to the secretary of health and environment in the manner and form prescribed by
the secretary. Every person licensed to practice medicine and surgery shall keep a record
of all pregnancies which are lawfully terminated by such person in a location other than a
medical care facility and shall annually submit a written report thereon to the secretary of
health and environment in the manner and form prescribed by the secretary.

    (b) Each report required by this section shall include the number of pregnancies ter-
minated during the period of time covered by the report, the type of medical facility in
which the pregnancy was terminated, information required to be reported under K.S.A.
65-6703 and amendments thereto if applicable to the pregnancy terminated, information
required to be reported under section 2 and amendments thereto if applicable to the preg-
nancy terminated and such other information as may be required by the secretary of health
and environment, but the report shall not include the names of the persons whose preg-
nancies were so terminated.

    (c) Information obtained by the secretary of health and environment under this section
shall be confidential and shall not be disclosed in a manner that would reveal the identity
of any person licensed to practice medicine and surgery who submits a report to the secretary
under this section or the identity of any medical care facility which submits a report to the
secretary under this section. Information obtained by the secretary under this section may
be used only for statistical purposes, except that no information may be released which
would identify any county or other area of this state in which the termination of the preg-
nancy occurred. A violation of this subsection (c) is a class A nonperson misdemeanor.

    (d) In addition to such criminal penalty under subsection (c), any person licensed to
practice medicine and surgery or medical care facility whose identity is revealed in violation
of this section may bring a civil action against the responsible person or persons for any
damages to the person licensed to practice medicine and surgery or medical care facility
caused by such violation.

    (e) For the purpose of maintaining confidentiality as provided by subsections (c) and
(d), reports of terminations of pregnancies required by this section shall identify the person
or facility submitting such reports only by confidential code number assigned by the sec-
retary of health and environment to such person or facility and the department of health
and environment shall maintain such reports only by such number.

    Sec. 5. K.S.A. 1997 Supp. 65-2837 is hereby amended to read as follows: 65-2837. As
used in K.S.A. 65-2836, and amendments thereto, and in this section:

    (a) ``Professional incompetency'' means:

    (1) One or more instances involving failure to adhere to the applicable standard of care
to a degree which constitutes gross negligence, as determined by the board.

    (2) Repeated instances involving failure to adhere to the applicable standard of care to
a degree which constitutes ordinary negligence, as determined by the board.

    (3) A pattern of practice or other behavior which demonstrates a manifest incapacity or
incompetence to practice medicine.

    (b) ``Unprofessional conduct'' means:

    (1) Solicitation of professional patronage through the use of fraudulent or false adver-
tisements, or profiting by the acts of those representing themselves to be agents of the
licensee.

    (2) Representing to a patient that a manifestly incurable disease, condition or injury can
be permanently cured.

    (3) Assisting in the care or treatment of a patient without the consent of the patient,
the attending physician or the patient's legal representatives.

    (4) The use of any letters, words, or terms, as an affix, on stationery, in advertisements,
or otherwise indicating that such person is entitled to practice a branch of the healing arts
for which such person is not licensed.

    (5) Performing, procuring or aiding and abetting in the performance or procurement
of a criminal abortion.

    (6) Willful betrayal of confidential information.

    (7) Advertising professional superiority or the performance of professional services in a
superior manner.

    (8) Advertising to guarantee any professional service or to perform any operation pain-
lessly.

    (9) Participating in any action as a staff member of a medical care facility which is
designed to exclude or which results in the exclusion of any person licensed to practice
medicine and surgery from the medical staff of a nonprofit medical care facility licensed in
this state because of the branch of the healing arts practiced by such person or without just
cause.

    (10) Failure to effectuate the declaration of a qualified patient as provided in subsection
(a) of K.S.A. 65-28,107, and amendments thereto.

    (11) Prescribing, ordering, dispensing, administering, selling, supplying or giving any
amphetamines or sympathomimetic amines, except as authorized by K.S.A. 65-2837a, and
amendments thereto.

    (12) Conduct likely to deceive, defraud or harm the public.

    (13) Making a false or misleading statement regarding the licensee's skill or the efficacy
or value of the drug, treatment or remedy prescribed by the licensee or at the licensee's
direction in the treatment of any disease or other condition of the body or mind.

    (14) Aiding or abetting the practice of the healing arts by an unlicensed, incompetent
or impaired person.

    (15) Allowing another person or organization to use the licensee's license to practice
the healing arts.

    (16) Commission of any act of sexual abuse, misconduct or exploitation related to the
licensee's professional practice.

    (17) The use of any false, fraudulent or deceptive statement in any document connected
with the practice of the healing arts including the intentional falsifying or fraudulent altering
of a patient or medical care facility record.

    (18) Obtaining any fee by fraud, deceit or misrepresentation.

    (19) Directly or indirectly giving or receiving any fee, commission, rebate or other com-
pensation for professional services not actually and personally rendered, other than through
the legal functioning of lawful professional partnerships, corporations or associations.

    (20) Failure to transfer patient records to another licensee when requested to do so by
the subject patient or by such patient's legally designated representative.

    (21) Performing unnecessary tests, examinations or services which have no legitimate
medical purpose.

    (22) Charging an excessive fee for services rendered.

    (23) Prescribing, dispensing, administering, distributing a prescription drug or sub-
stance, including a controlled substance, in an excessive, improper or inappropriate manner
or quantity or not in the course of the licensee's professional practice.

    (24) Repeated failure to practice healing arts with that level of care, skill and treatment
which is recognized by a reasonably prudent similar practitioner as being acceptable under
similar conditions and circumstances.

    (25) Failure to keep written medical records which accurately describe the services
rendered to the patient, including patient histories, pertinent findings, examination results
and test results.

    (26) Delegating professional responsibilities to a person when the licensee knows or has
reason to know that such person is not qualified by training, experience or licensure to
perform them.

    (27) Using experimental forms of therapy without proper informed patient consent,
without conforming to generally accepted criteria or standard protocols, without keeping
detailed legible records or without having periodic analysis of the study and results reviewed
by a committee or peers.

    (28) Prescribing, dispensing, administering or distributing an anabolic steroid or human
growth hormone for other than a valid medical purpose. Bodybuilding, muscle enhancement
or increasing muscle bulk or strength through the use of an anabolic steroid or human growth
hormone by a person who is in good health is not a valid medical purpose.

    (29) Referring a patient to a health care entity for services if the licensee has a significant
investment interest in the health care entity, unless the licensee informs the patient in
writing of such significant investment interest and that the patient may obtain such services
elsewhere.

    (30) Violating K.S.A. 65-6703 and amendments thereto or section 2 and amendments
thereto.

    (c) ``False advertisement'' means any advertisement which is false, misleading or de-
ceptive in a material respect. In determining whether any advertisement is misleading, there
shall be taken into account not only representations made or suggested by statement, word,
design, device, sound or any combination thereof, but also the extent to which the adver-
tisement fails to reveal facts material in the light of such representations made.

    (d) ``Advertisement'' means all representations disseminated in any manner or by any
means, for the purpose of inducing, or which are likely to induce, directly or indirectly, the
purchase of professional services.

    (e) ``Licensee'' for purposes of this section and K.S.A. 65-2836, and amendments
thereto, shall mean all persons issued a license, permit or special permit pursuant to article
28 of chapter 65 of the Kansas Statutes Annotated.

    (f) ``License'' for purposes of this section and K.S.A. 65-2836, and amendments thereto,
shall mean any license, permit or special permit granted under article 28 of chapter 65 of
the Kansas Statutes Annotated.

    (g) ``Health care entity'' means any corporation, firm, partnership or other business
entity which provides services for diagnosis or treatment of human health conditions and
which is owned separately from a referring licensee's principle practice.

    (h) ``Significant investment interest'' means ownership of at least 10% of the value of
the firm, partnership or other business entity which owns or leases the health care entity,
or ownership of at least 10% of the shares of stock of the corporation which owns or leases
the health care entity.

    Sec. 6. K.S.A. 1997 Supp. 65-445, 65-2837, 65-6703 and 65-6712 are hereby repealed.

    Sec. 7. This act shall take effect and be in force from and after its publication in the
Kansas register.'';

    In the title, in line 10, by striking all after ``ACT''; by striking all in lines 11 through 13;
in line 14, by striking all before the period and inserting: ``concerning abortions; amending
K.S.A. 1997 Supp. 65-445, 65-2837, 65-6703 and 65-6712 and repealing the existing sec-
tions''; and the bill be passed as amended.

    The Committee on Federal and State Affairs recommends HB 3022 be amended, on
page 1, by striking lines 39 through 43;

    On page 2, by striking line 1; and the bill be passed as amended.

    The Committee on Federal and State Affairs recommends Substitute for SB 322, as
amended by Senate Committee of the Whole, be amended on page 6, in line 16, by striking
``a'' and inserting ``an initial''; after line 30, by inserting the following:

    ``Sec. 5. K.S.A. 75-7b06 is hereby amended to read as follows: 75-7b06. (a) The license,
when issued, shall be in such form as may be determined by the attorney general and shall
include the:

    (1) Name of the licensee;

    (2) name under which the licensee is to operate; and

    (3) number and date of the license.

    (b) The license at all times shall be posted in a conspicuous place in the principal place
of business of the licensee. Upon the issuance of a license, a pocket card of such size, design
and content as determined by the attorney general shall be issued without charge to each
licensee or, if the licensee is an organization, to each of its officers, directors, partners or
associates. Such card shall be evidence that the licensee is duly licensed pursuant to this
act. When any person to whom a card is issued terminates such person's position, office or
association with the licensee, the card shall be surrendered to the licensee and, within five
days thereafter, shall be mailed or delivered by the licensee to the attorney general for
cancellation. Within 30 days after any change of address or of any change in its officers,
directors, partners or associates, a licensee shall notify the attorney general thereof. The
principal place of business may be at a residence or at a business address, but it shall be
the place at which the licensee maintains a permanent office.

    (c) Applications, on forms prescribed by the attorney general, shall be submitted by all
new officers or partners. The attorney general may suspend or revoke a license issued under
this act if the attorney general determines that, at the time such person became an officer
or partner of a licensee, such person did not meet the requirements of K.S.A. 75-7b04 and
amendments thereto.

    (d) Every licensee possessing a valid firearm permit shall report to the attorney general
any loss of the badge within 72 hours.'';

    And by renumbering the remaining sections accordingly;

    On page 7, in line 22, by striking all after the period; in line 23, by striking all before
``The'';

    On page 8, in line 1, before the semicolon by inserting ``other than a firearms permit
identification badge authorized by this act'';

    On page 12, in line 34, after ``card'' by inserting ``or firearm permit badge'';

    On page 13, after line 34, by inserting the following:

    ``(i) Licensees issued a firearm permit under this act to carry a concealed firearm, for
the purpose of safety and emergency identification, may carry a firearm permit badge. Such
badge shall be silver in color and shall clearly state on such badge's face ``licensed private
detective.'' The attorney general shall develop a prototype badge which shall be used in
substantially that form. Cost of the badge shall be borne by the licensee. Any misuse of this
badge shall result in administrative proceedings for both the firearms permit and private
detective licenses. Upon final disposition, the attorney general may recommend that criminal
action be taken for misuse of the badge on the basis of impersonation of a law enforcement
officer.'';

    On page 15, in line 10, by striking ``250'' and inserting ``100''; in line 35, before ``75-7b07''
by inserting ``75-7b06,'';

    On page 1, in the title, in line 12, before ``75-7b07'' by inserting ``75-7b06,''; and the
substitute bill be passed as amended.

 The Committee on Tourism recommends Substitute for SB 675, as amended by Senate
Committee of the Whole, be passed.

MESSAGES FROM THE GOVERNOR
 HB 2970 approved on April 1, 1998.

INTRODUCTION OF ORIGINAL MOTIONS
 On emergency motion of Rep. Jennison, pursuant to House Rule 2311, SCR 1621 was
advanced to Final Action on Bills and Concurrent Resolutions, subject to amendment, de-
bate and roll call.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 SCR 1621, A concurrent resolution relating to the 1998 regular session of the legislature;
extending such session beyond 90 calendar days; and providing for adjournment thereof,
was considered on final action.

 The resolution was adopted on a voice vote.

MOTIONS TO CONCUR AND NONCONCUR
 On motion of Rep. Carmody, the House concurred in Senate amendments to HB 2867,
An act concerning crimes and punishment; relating to lewd and lascivious behavior; sexual
exploitation of a child; amending K.S.A. 21-3508 and 21-3516 and repealing the existing
sections. (The House requested the Senate to return the bill, which was in conference).

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Hel-
gerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jen-
nison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Land-
wehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary,
McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols,
O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pot-
torff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz,
Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm,
Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Gilbert, Lloyd.

CONFERENCE COMMITTEE REPORT
    Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 106, submits the following report:

    The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee amendments,
as follows:

    On page 1, by striking all in lines 40 through 43;

    By striking all on page 2;

    On page 3, by striking all in lines 1 and 2;

    And by renumbering ``Sec. 3.'' as ``Sec. 2.'';

    On page 1, in the title, in line 13, by striking ``; relating to creation of trusts in certain
circum-''; in line 14, by striking ``stances'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Tim Carmody

                                                                                    Terry Presta

                                                                                    Janice L. Pauls
 
                                                                                    Conferees on part of House

                                                                                    Tim Emert

                                                                                    Keith Schraad

                                                                                    Greta Goodwin
 
Conferees on part of Senate

 On motion of Rep. Carmody, the conference committee report on SB 106 was adopted.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Hel-
gerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jen-
nison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Land-
wehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary,
McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols,
O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pot-
torff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz,
Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm,
Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Gilbert, Lloyd.

REPORT ON ENGROSSED BILLS
 HB 2559, 2612, 2835, 2921 reported correctly engrossed April 1, 1998.

 HB 2607, 2832 reported correctly re-engrossed April 1, 1998.

 On motion of Rep. Jennison, the House adjourned until 9:00 a.m., Thursday, April 2,
1998.

CHARLENE SWANSON, Journal Clerk. 
JANET E. JONES, Cheif Clerk.