The Senate was called to order by President Dick Bond.
The roll was called with forty senators present.
President Bond introduced as guest chaplain, Dr. Robert W. Henley, Pastor of East-
minster Presbyterian Church, Wichita, Kansas, who delivered the invocation:
Almighty God,
At the beginning of this day, we pause to acknowledge you as the creator and sus-
tainer of life; the source of all wisdom; the measure of all that is good and
true.
We thank you for the abundance of resource, opportunity, and initiative which you
have entrusted to our people, and the blessings of prosperity which we pres-
ently enjoy. Make us truly thankful, and mindful that we are accountable to
you for our stewardship of all your good gifts.
We ask you to watch over and protect our sons and daughters who are far from home
in the service of our nation. We thank you for the promise of peace, however
fragile, and pray that you would destroy the forces of tyranny and evil, both
abroad and at home.
Be with our fellow citizens and loved ones who suffer the ravages of illness, the pangs
of hunger, the frustration of joblessness, the pain of broken relationships, the
wickedness of abuse, and the fear that no one cares.
Give these who govern a passion to serve the good of all, the wisdom to discern the
right, the integrity to do the right, and the humility to acknowledge their need
of and dependence upon you.
I offer this prayer through the name of him who is the lover and redeemer of the
whole world, Jesus Christ. Amen.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Elections and Local Government: SB 679; HB 2759, 2838.
Federal and State Affairs: SB 680; HB 2726.
Financial Institutions & Insurance: Sub HB 2640; HB 2904.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
Substitute HB 2609; Substitute for Substitute HB 2649; Substitute HB 2654; HB 2678, 2685, 2689, 2742, 2782, 2799, 2803, 2813, 2831, 2837, 2894, 2899, 2902, 2907, 2925, 2933 were thereupon introduced and read by title.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
SB 129, An act concerning the secretary of aging; older Americans act programs; senior
care act; long-term care programs; department on aging; amending K.S.A. 75-5908, 75-
5910, 75-5928 and 75-5945 and repealing the existing sections; also repealing K.S.A. 75-
5935, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
SB 418, An act relating to the taxation of motor vehicle fuels; concerning the filing of
certain reports; providing for a motor fuel tax credit; amending K.S.A. 79-3464c and re-
pealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 38, nays 2, present and passing 0; absent or not voting 0.
Mr. President: Computerization is a cost of doing business in today's world. I do not
think state tax incentives are appropriate for this. The fiscal note of $3.6 million is another
form of corporate welfare.--Don Biggs
SB 419, An act relating to income taxation; concerning delinquent tax accounts; amending
K.S.A. 79-3228 and 79-3233i and repealing the existing sections, was considered on final
action.
On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or not voting 0.
SB 421, An act concerning the taxation of motor vehicle fuels; imposing incidence of tax
on the distributor; amending K.S.A. 79-3407, 79-3408, 79-3408c, 79-3409 and 79-3412 and
repealing the existing sections; also repealing K.S.A. 79-3408g, was considered on final
action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Sub. SB 437, An act enacting the lead-based paint licensing and certification and child
lead poisoning prevention act; requiring licensure of business entities and public agencies;
certification of persons who provide, engage in or conduct lead-based paint activities; ac-
creditation of training programs; prohibiting certain acts; providing penalties for violations;
authorizing a childhood lead poisoning prevention program, was considered on final action.
On roll call, the vote was: Yeas 28, nays 12, present and passing 0; absent or not voting
0.
SB 439, An act concerning health maintenance organizations; licensing and regulation of
medicare provider organizations; amending K.S.A. 40-3207, 40-3208, 40-3210, 40-3211, 40-
3213, 40-3214, 40-3215, 40-3219, 40-3220 and 40-3221 and K.S.A. 1997 Supp. 40-3202, 40-
3203, 40-3204, 40-3209 and 40-3225 and repealing the existing sections, was considered on
final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
SB 456, An act concerning criminal procedure; relating to aid to indigent defendants;
claims for compensation by attorneys; amending K.S.A. 22-4507 and repealing the existing
section, was considered on final action.
On roll call, the vote was: Yeas 33, nays 7, present and passing 0; absent or not voting 0.
SB 504, An act concerning the department of wildlife and parks; relating to disposition
of certain moneys from agricultural production; amending K.S.A. 32-806 and repealing the
existing section, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
SB 518, An act concerning the Kansas consumer protection act; relating to the disposal
of surplus property; amending K.S.A. 50-627 and 50-639 and repealing the existing sections,
was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
SB 552, An act concerning crimes, criminal procedure and punishment; relating to sen-
tencing; availability of presentence reports; amending K.S.A. 21-4605 and repealing the
existing section, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Mr. President: Common sense tells you that smoke detectors should be in every home.
But, that should be done by educating the homeowners, not by a mandate from this legis-
lature.--Rick Becker
Senators Steineger and Tyson request the record to show they concur with the ``Expla-
nation of Vote'' offered by Senator Becker on SB 561.
SB 562, An act concerning the resetting of cornerstones; amending K.S.A. 19-1432 and
repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
SB 607, An act concerning crimes and punishment; relating to criminal use of explosives
and criminal use of weapons; certain explosive materials; amending K.S.A. 21-3731 and
K.S.A. 1997 Supp. 21-4201 and repealing the existing sections, was considered on final
action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
SB 636, An act concerning adoption; relating to birth certificates; amending K.S.A. 59-
2119 and K.S.A. 1997 Supp. 65-2423 and repealing the existing sections, was considered on
final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
HB 2289, An act concerning agriculture; relating to sericea lespedeza; bull thistle; noxious
weeds and noxious weed seed; amending K.S.A. 21314, 2-1314, as amended by section 2 of
this act, 2-1314b, 2-1314b, as amended by section 4 of this act, and 2-1415 and repealing
the existing sections, was considered on final action.
On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or not voting 0.
HB 2613, An act authorizing the governor to convey by quitclaim deed all rights, title
and interest to certain described real estate in the city of Concordia, Cloud county, Kansas,
was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Committee on Judiciary recommends SB 298 be amended on page 1, in line 22, by
striking the comma and inserting a semicolon; also in line 22, by striking ``any act which is''
and inserting ``a felony''; also in line 22, by striking ``articles'' and inserting ``any section of
article''; in line 23, by striking ``, 35 or 36''; also in line 23, by striking ``any'' and inserting
``an act described in K.S.A. 21-3412 and amendments thereto, if the victim is a minor or
student; (3) has been convicted of a felony described in any section of article 35 of chapter
21 of the Kansas Statutes Annotated, other than an act specified in subsection (c) of K.S.A.
21-4619 and amendments thereto, or has been convicted of an act described in K.S.A. 21-
3517 and amendments thereto, if the victim is a minor or student; (4) has been convicted
of any act described in any section of article 36 of chapter 21 of the Kansas Statutes An-
notated, other than an act specified in subsection (c) of K.S.A. 21-4619 and amendments
thereto; (5) has been convicted of a''; in line 24, by striking ``or'' and inserting ``; (6)''; in line
26, by striking ``such''; also in line 26, by striking ``, other than an act''; also in line 26, after
``in'' by inserting ``this''; in line 27, by striking ``(c) of K.S.A. 21-4619, and amendments
thereto, (3)'' and inserting ``; (7)''; in line 29, by striking ``, (4)'' and inserting ``; (8)''; in line
31, by striking the comma and inserting a semicolon; also in line 31, by striking ``(5)'' and
inserting ``(9)''; and the bill be passed as amended.
Also SB 408 be amended on page 1, in line 39, by striking ``clerk of''; in line 40, by striking
``County, Kansas,'' and inserting ``(filing office and location thereof)'';
On page 2, in line 4, by striking ``county clerk's'' and inserting ``filing officer's''; in line 5,
by striking ``County Clerk of''; also in line 5, by striking ``county clerk'' and inserting ``filing
officer''; in line 6, by striking ``County, Kansas,'' and inserting ``(filing officer's position)''; in
line 14, after ``1'' by inserting ``and amendments thereto''; in line 38, by striking ``21'' and
inserting ``18'';
On page 3, in line 37, after ``1'' by inserting ``and amendments thereto'';
On page 4, in lines 19 and 21, by striking ``county clerk'' and inserting ``filing officer'';
after line 40, by inserting a new subsection as follows:
``(f) As used in this subsection, filing office or filing officer refers to the officer and office
where a document or instrument as described in this section is appropriately filed as pro-
vided by law, including, but not limited to the register of deeds, the secretary of state and
the district court and filing officers related thereto.'';
Also in line 42, by striking ``statute book'' and inserting ``Kansas register'' and the bill be
passed as amended.
REPORT ON ENGROSSED BILLS
SB 129, 418; Sub SB 437; SB 504, 607 reported correctly engrossed February 25, 1998.
SCR 1617 reported correctly enrolled, properly signed and presented to the Secretary
of State on February 26, 1998.
COMMITTEE OF THE WHOLE
On motion of Senator Emert, the Senate resolved itself into Committee of the Whole
Senate for consideration of bills on the calendar under the heading of General Orders with
Senator Steffes in the chair.
On motion of Senator Steffes the following report was adopted:
SB 465, 489, 517, 533, 535, 536; Sub HB 2478 be amended by adoption of the
committee amendments, and the bills be passed as amended.
Sub SB 573, as amended by adoption of the committee report recommending a substitute
bill, be amended by motion of Senator Ranson on page 1, in line 29, by striking ``successor''
and inserting ``predecessor''; also in line 29, by striking ``has'' and inserting ``had'';
On page 2, in line 42, by striking all after ``establishment's''; in line 43, by striking ``cessor''
and inserting ``predecessor'', and the substitute bill be passed as amended.
SB 490 be amended by adoption of the committee amendments, and the bill be further
amended by motion of Senator Barone on page 10, in line 31 before the period by inserting
the following: ``not exceeding 18% per year on the unpaid balance of the amount financed'',
and the bill be passed as further amended.
SB 507 be amended by adoption of the committee amendments, and the bill be further
amended by motion of Senator Hardenburger on page 7, in line 28, by striking ``$100'' and
inserting ``$200'', and the bill be passed as further amended.
SB430 be temporarily passed over.
SB 548, 648 be passed over and retain a place on the calendar.
On motion of Senator Emert, the Senate recessed until 2:30 p.m.
______
Afternoon Session
The Senate met pursuant to recess with President Bond in the chair.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
SB 681, An act concerning banks and trust companies; amending K.S.A. 1997 Supp. 9-
1102 and repealing the existing section, by Committee on Ways and Means.
CHANGE OF REFERENCE
The President withdrew SB 448, 616, 667, 671 from the Committee onWays and
Means, and rereferred the bills to the Committee on Judiciary.
The President withdrew SB 450 from the Committee onWays and Means, and rereferred
the bill to the Committee on Elections and Local Government.
The President withdrew SB 502 from the Committee onWays and Means, and rereferred
the bill to the Committee on Utilities.
The President withdrew SB 591, 604, 647, 669 from the Committee onWays and
Means, and rereferred the bills to the Committee on Education.
The President withdrew SB 653 from the Committee onWays and Means, and rereferred
the bill to the Committee on Commerce.
The President withdrew SB 668 from the Committee on Judiciary, and referred the bill
to the Committee on Ways and Means.
The President withdrew SB 432 from the Committee on Elections and Local Govern-
ment, and referred the bill to the Committee on Ways and Means.
REPORTS OF STANDING COMMITTEES
Committee on Judiciary recommends SB 587 be amended on page 1, in line 42, by
striking ``(A)''; in line 43, by striking all after ``university'';
On page 2, by striking all in lines 1 and 2; in line 3, by striking all before the period;
On page 3, in line 35, by striking ``the unanimous'' and inserting ``a majority''; in line 36,
after ``parole'' by inserting ``or in the case of a panel as provided in subsection (a)(3), upon
an affirmative vote of both members of the panel''; and the bill be passed as amended.
Also SB 640 be amended on page 1, by striking all in lines 14 through 43;
By striking all on pages 2 and 3;
On page 4, by striking all in lines 1 through 8;
And by renumbering sections accordingly;
On page 4, in line 10, by striking ``state law'' and inserting ``the controlled substances act,
K.S.A. 65-4101 et seq. and amendments thereto or a comparable law in another state or the
comprehensive drug abuse prevention and control act of 1970, public law 91-513, 84 Stat.
1236, codified at 21 U.S.C. 801 et seq.''; in line 15, by striking ``9'' and inserting ``7'';
On page 5, in line 23, by striking ``state''; in line 24, by striking ``law'' and inserting ``the
controlled substances act, K.S.A. 65-4101 et seq. and amendments thereto or a comparable
law in another state or the comprehensive drug abuse prevention and control act of 1970,
public law 91-513, 84 Stat. 1236, codified at 21 U.S.C. 801 et seq.'';
On page 6, in line 13, after ``(c)'' by inserting ``(1)''; in line 14, by striking ``(1)'' and
inserting ``(A)''; in line 19, by striking ``(2)'' and inserting ``(B)''; in line 23, by striking ``in-
dividual use'' and inserting ``individual's use''; in line 24, by striking ``(3)'' and inserting ``(C)'';
in line 25, by striking ``(4)'' and inserting ``(D)''; in line 26, by striking ``(5)'' and inserting
``(E)''; after line 27, by inserting the following:
``(2) Any provision of law which prescribes a limit or cap on recovery of noneconomic
or punitive damages or recovery in a wrongful death action shall not apply to any action
brought pursuant to the provisions of this act.
(d) A defendant shall not be allowed to make a defense or claim of preexisting condition
to diminish damages pursuant to this section.``;
On page 8, in line 3, after the period, by inserting ``The liability of defendants other than
individual drug users shall be joint and several liability.''; in line 10, by striking ``of partici-
pation in the illegal drug market''; in line 11, by striking ``clear and convincing''; by striking
all in line 12; in line 13, by striking all before ``a''; in line 16, after ``65-4101'' by inserting
``et seq.'';
On page 9, after line 24, by inserting the following:
``Sec. 17. K.S.A. 60-308 is hereby amended to read as follows: 60-308. (a) Proof and effect. (1) Service of process may be made upon any party outside the state. If upon a person
domiciled in this state or upon a person who has submitted to the jurisdiction of the courts
of this state, it shall have the force and effect of service of process within this state; otherwise
it shall have the force and effect of service by publication.
(2) The service of process shall be made (A) in the same manner as service within this
state, by any officer authorized to make service of process in this state or in the state where
the defendant is served or (B) by sending a copy of the process and of the petition or other
document to the person to be served in the manner provided in subsection (e). No order
of a court is required. An affidavit, or any other competent proofs, of the server shall be
filed stating the time, manner and place of service. The court may consider the affidavit, or
any other competent proofs, in determining whether service has been properly made.
(3) No default shall be entered until the expiration of at least 30 days after service. A
default judgment rendered on service outside this state may be set aside only on a showing
which would be timely and sufficient to set aside a default judgment under subsection (b)
of K.S.A. 60-260, and amendments thereto.
(b) Submitting to jurisdiction--process. Any person, whether or not a citizen or resident
of this state, who in person or through an agent or instrumentality does any of the acts
hereinafter enumerated, thereby submits the person and, if an individual, the individual's
personal representative, to the jurisdiction of the courts of this state as to any cause of action
arising from the doing of any of these acts:
(1) Transaction of any business within this state;
(2) commission of a tortious act within this state;
(3) ownership, use or possession of any real estate situated in this state;
(4) contracting to insure any person, property or risk located within this state at the
time of contracting;
(5) entering into an express or implied contract, by mail or otherwise, with a resident
of this state to be performed in whole or in part by either party in this state;
(6) acting within this state as director, manager, trustee or other officer of any corpo-
ration organized under the laws of or having a place of business within this state or acting
as executor or administrator of any estate within this state;
(7) causing to persons or property within this state any injury arising out of an act or
omission outside of this state by the defendant if, at the time of the injury either (A) the
defendant was engaged in solicitation or service activities within this state; or (B) products,
materials or things processed, serviced or manufactured by the defendant anywhere were
used or consumed within this state in the ordinary course of trade or use;
(8) living in the marital relationship within the state notwithstanding subsequent de-
parture from the state, as to all obligations arising for maintenance, child support or property
settlement under article 16 of this chapter, if the other party to the marital relationship
continues to reside in the state;
(9) serving as the insurer of any person at the time of any act by the person which is
the subject of an action in a court of competent jurisdiction within the state of Kansas which
results in judgment being taken against the person;
(10) performing an act of sexual intercourse within the state, as to an action against a
person seeking to adjudge the person to be a parent of a child and as to an action to require
the person to provide support for a child as provided by law, if (A) the conception of the
child results from the act and (B) the other party to the act or the child continues to reside
in the state; or
(11) entering into an express or implied arrangement, whether by contract, tariff or
otherwise, with a corporation or partnership, either general or limited, residing or doing
business in this state under which such corporation or partnership has supplied transpor-
tation services, or communication services or equipment, including, without limitation, tel-
ephonic communication services, for a business or commercial user where the services
supplied to such user are managed, operated or monitored within the state of Kansas,
provided that such person is put on reasonable notice that arranging or continuing such
transportation services or telecommunication services may result in the extension of juris-
diction pursuant to this section.; or
(12) participating in the illegal drug market as described in section 1 et seq. and amend- ments thereto.
(c) Service of process upon any person who is subject to the jurisdiction of the courts
of this state, as provided in subsection (b), may be made by serving the process upon the
defendant outside this state, as provided in subsection (a)(2), with the same force and effect
as though process had been served within this state, but only causes of action arising from
acts enumerated in subsection (b) may be asserted against a defendant in an action in which
jurisdiction over the defendant is based upon this subsection.
(d) Nothing contained in this section limits or affects the right to serve any process in
any other manner provided by law.
(e) Service by certified mail. Service of any out-of-state process may be by certified
mail, evidenced by return receipt signed by any person or by restricted delivery. The attorney
for the party seeking service or the party, if the party is not represented by an attorney, shall
cause a copy of the process and petition or other document to be placed in an envelope
addressed to the person to be served in accordance with K.S.A. 60-304, and amendments
thereto, adequate postage to be affixed and the sealed envelope to be placed in the United
States mail as certified mail return receipt requested with instructions to the delivering
postal employee to show to whom delivered, date of delivery, and address where delivered.
The party's attorney or the party, if the party is not represented by an attorney, shall execute
a return on service stating the nature of the process, the date on which the process was
mailed, and the name and address on the envelope containing the process mailed as certified
mail return receipt requested. The party or the party's attorney shall file the return on
service and the return receipt or return envelope in the records of the action. Service of
process shall be considered obtained under K.S.A. 60-203, and amendments thereto, upon
the delivery of the certified mail envelope. If the certified mail envelope is returned with
an endorsement showing refusal of delivery, the serving party or the party's attorney may
send a copy of the process and petition or other document to be served to the defendant
by ordinary, first-class mail. The mailing shall be evidenced by a certificate of mailing which
shall be filed with the clerk. Service shall be considered obtained upon the mailing by
ordinary, first-class mail. Failure to claim certified mail service is not refusal of service within
the meaning of this subsection.
Sec. 18. K.S.A. 60-308 is hereby repealed.'';
On page 1, in the title, in line 9, after ``act'' by inserting ``; amending K.S.A. 60-308 and
repealing the existing section''; and the bill be passed as amended.
COMMITTEE OF THE WHOLE
The Committee of the Whole resumed consideration of bills on the calendar under the
heading of General Orders with Senator Steffes in the chair.
Recommended that SB 430 be amended by adoption of the committee report, and the
bill be further amended by motion of Senator Salisbury on page 2, in line 2, by striking
``$100'' and inserting ``$50''; in line 15, by striking ``$100'' and inserting ``$50''; in line 26,
by striking ``$100'' and inserting ``$50''; in line 32, by striking ``$100'' and inserting ``$50'';
in line 42, by striking ``$100'' and inserting ``$50''; in line 43, by striking ``$50'' and inserting
``$25'', and the bill be passed as further amended.
On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, February 27,
1998.