Topeka, KS, Tuesday, February 16, 1999, 11:00 a.m.
The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 121 members present.
Reps. Franklin, Holmes, Phil Kline and O'Neal were excused on excused absence by the
Speaker.
Present later: Rep. Franklin.
Prayer by guest chaplain, Venida Chenault, Interim Director of the American Indian
Studies, Haskell Indian Nations University, Lawrence, and guest of Rep. Sloan:
Ahau Mamogosnan
We come before you at this time, giving thanks for the beauty of your
Creation in this season of winter, you have blessed us with.
We give thanks for the holy and sacred power of this Creation, for taking
care and watching over us, for the sacrifices made so that we might continue
with our lives, for providing all that we need, for sustaining and nurturing all
of Creation.
We give thanks for each of the blessings bestowed upon us: the many
lessons and teachers you have placed in our lives, the good health, good
fortune, love and happiness, the children and families you have made
possible, the many ways of honoring your teachings you have given us. We
give thanks to you Creator for our life.
We come before you seeking a blessing for each and every person in this
Chamber, and all who work with them. We ask you to bless each one with
the strength needed to carry out their responsibilities, the clarity of mind to
understand fully the issues, the commitment and determination to speak and
advocate on behalf of each member of your Creation.
We ask you to bless each one with a compassionate heart, that the needs
of all Kansans will be met. We ask for special blessings for those who are
sick, the children, the elderly, the poor and the disabled.
Creator, we pray that you will work through these members to ensure each
and every person in this state and Nation will be treated as sacred beings
upon your holy Creation. We ask for your guidance in taking care of this
world, this life you have blessed us with.
Megwetch!
The Pledge of Allegiance was led by Rep. Myers.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Education: HB 2504.
Local Government: HB 2505.
CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of HB 2483 from Committee on
Judiciary and referral to Committee on Insurance.
COMMUNICATIONS FROM STATE OFFICERS
From Kenneth Frahm, President, Kansas Development Finance Authority, 1998 Annual
Report.
The complete report is kept on file and open for inspection in the office of the Chief
Clerk.
CONSENT CALENDAR
Objection was made to HB 2049, 2296; SCR 1602, 1605 appearing on the Consent
Calendar; the bills and resolutions were placed on the calendar under the heading of General
Orders.
No objection was made to HB 2050 appearing on the Consent Calendar for the second
day.
No objection was made to HB 2075 appearing on the Consent Calendar for the third
day. The bill was advanced to Final Action on Bills and Concurrent Resolutions.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2075, An act concerning the Kansas tort claims act; relating to the definition of an
employee; amending K.S.A. 75-6102 and repealing the existing section, was considered on
final action.
On roll call, the vote was: Yeas 121; Nays 0; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Franklin, Holmes, Phil Kline, O'Neal.
The bill passed.
SB 41, An act concerning retirement and pensions; relating to the Kansas public
employees retirement system; employer contributions; amending K.S.A. 1998 Supp. 74-
49,126 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 76; Nays 45; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Franklin, Holmes, Phil Kline, O'Neal.
The bill passed.
HR 6009, A resolution relating to the rules of the House of Representatives for the 1999-
2000 biennium; amending Rule 4902, relating to reprimand, censure or expulsion of
members, was considered on final action.
On roll call, the vote was: Yeas 95; Nays 26; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Franklin, Holmes, Phil Kline, O'Neal.
The resolution was adopted, as amended.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Allen in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Allen, Committee of the Whole report, as follows, was adopted:
Recommended that HB 2222, 2215 be passed.
HCR 5004 be adopted.
Committee report to HB 2073 be adopted; and the bill be passed as amended.
Committee report to HB 2033 be adopted; and the bill be passed as amended.
Committee report to HB 2117 be adopted; and the bill be passed as amended.
HB 2141 be passed over and retain a place on the calendar.
Committee report to HB 2156 be adopted; and the bill be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Governmental Organization and Elections recommends HB 2228, 2231 be passed.
The Committee on Governmental Organization and Elections recommends SCR 1601 be adopted.
The Committee on Governmental Organization and Elections recommends HB 2022 be amended on page 3, in line 42, by striking ``electoral portion of the communication
is unmistakable,'' and inserting ``communication is'';
On page 4, in line 2, by striking ``or'' where it appears for the last time; in line 3, by
striking all preceding the period;
On page 5, in line 42, by striking all following ``by'' and inserting ``any person''; and the
bill be passed as amended.
The Committee on Insurance recommends HB 2066 be amended on page 1, after line
31, by inserting an additional subsection as follows:
``(c) An application for registration or renewal of registration of a motor vehicle shall
not be accepted until the applicant signs an affidavit, provided by the director of motor
vehicles, certifying that the applicant has and will maintain, during the period of registration,
the required insurance, self insurance or other financial security required pursuant to K.S.A.
40-3104 and amendments thereto.'';
By relettering the remaining subsection accordingly;
Also on page 1, in line 38, after ``sioner'', by inserting ``a binder of insurance, a certificate
of insurance, a motor carrier identification number, issued by the state corporation
commission, proof of insurance for vehicles covered under a fleet policy,''; in line 39, before
the period, by inserting ``and for vehicles used as part of a drivers education program, a
dealership contract and a copy of a motor vehicle liability insurance policy issued to a school
district or accredited nonpublic school''; after line 40, by inserting an additional section as
follows:
``Sec. 2. K.S.A. 1998 Supp. 40-3104 is hereby amended to read as follows: 40-3104. (a)
Every owner shall provide motor vehicle liability insurance coverage in accordance with the
provisions of this act for every motor vehicle owned by such person, unless such motor
vehicle: (1) Is included under an approved self-insurance plan as provided in subsection (f);
(2) is used as a driver training motor vehicle, as defined in K.S.A. 72-5015, and amendments
thereto, in an approved driver training course by a school district or an accredited nonpublic
school under an agreement with a motor vehicle dealer, and such motor vehicle liability
insurance coverage is provided by the school district or accredited nonpublic school; (3) is
included under a qualified plan of self-insurance approved by an agency of the state in which
such motor vehicle is registered and the form prescribed in subsection (b) of K.S.A. 40-
3106, and amendments thereto, has been filed; or (4) is expressly exempted from the
provisions of this act.
(b) An owner of an uninsured motor vehicle shall not permit the operation thereof upon
a highway or upon property open to use by the public, unless such motor vehicle is expressly
exempted from the provisions of this act.
(c) No person shall knowingly drive an uninsured motor vehicle upon a highway or upon
property open to use by the public, unless such motor vehicle is expressly exempted from
the provisions of this act.
(d) Any person operating a motor vehicle upon a highway or upon property open to use
by the public shall display, upon demand, evidence of financial security to a law enforcement
officer. The law enforcement officer shall issue a citation to any person who fails to display
evidence of financial security upon such demand. The law enforcement officer shall attach
a copy of the insurance verification form prescribed by the secretary of revenue to the copy
of the citation forwarded to the court.
No citation shall be issued to any person for failure to provide proof of financial security
when evidence of financial security meeting the standards of subsection (e) is displayed
upon demand of a law enforcement officer. Whenever the authenticity of such evidence is
questionable, the law enforcement officer may initiate the preparation of the insurance
verification form prescribed by the secretary of revenue by recording information from the
evidence of financial security displayed. The officer shall immediately forward the form to
the department of revenue, and the department shall proceed with verification in the
manner prescribed in the following paragraph. Upon return of a form indicating that
insurance was not in force on the date indicated on the form, the department shall
immediately forward a copy of the form to the law enforcement officer initiating preparation
of the form.
(e) Unless the insurance company subsequently submits an insurance verification form
indicating that insurance was not in force, no person charged with violating subsections (b),
(c) or (d) shall be convicted if such person produces in court, within 10 days of the date of
arrest or of issuance of the citation, evidence of financial security for the motor vehicle
operated, which was valid at the time of arrest or of issuance of the citation. For the purpose
of this subsection, evidence of financial security shall be provided by a policy of motor
vehicle liability insurance, an identification card or certificate of insurance issued to the
policyholder by the insurer which provides the name of the insurer, the policy number and
the effective and expiration dates of the policy, or a certificate of self-insurance signed by
the commissioner of insurance. Upon the production in court of evidence of financial
security, the court shall record the information displayed thereon on the insurance
verification form prescribed by the secretary of revenue, immediately forward such form to
the department of revenue, and stay any further proceedings on the matter pending a
request from the prosecuting attorney that the matter be set for trial. Upon receipt of such
form the department shall mail the form to the named insurance company for verification
that insurance was in force on the date indicated on the form. It shall be the duty of insurance
companies to notify the department within 30 calendar days of the receipt of such forms of
any insurance that was not in force on the date specified. Upon return of any form to the
department indicating that insurance was not in force on such date, the department shall
immediately forward a copy of such form to the office of the prosecuting attorney or the
city clerk of the municipality in which such prosecution is pending when the prosecuting
attorney is not ascertainable. Receipt of any completed form indicating that insurance was
not in effect on the date specified shall be prima facie evidence of failure to provide proof
of financial security and violation of this section. A request that the matter be set for trial
shall be made immediately following the receipt by the prosecuting attorney of a copy of
the form from the department of revenue indicating that insurance was not in force. Any
charge of violating subsection (b), (c) or (d) shall be dismissed if no request for a trial setting
has been made within 60 days of the date evidence of financial security was produced in
court.
(f) Any person in whose name more than 25 motor vehicles are registered in Kansas
may qualify as a self-insurer by obtaining a certificate of self-insurance from the
commissioner of insurance. The certificate of self-insurance issued by the commissioner
shall cover such owned vehicles and those vehicles, registered in Kansas, leased to such
person if the lease agreement requires that motor vehicle liability insurance on the vehicles
be provided by the lessee. Upon application of any such person, the commissioner of
insurance may issue a certificate of self-insurance, if the commissioner is satisfied that such
person is possessed and will continue to be possessed of ability to pay any liability imposed
by law against such person arising out of the ownership, operation, maintenance or use of
any motor vehicle described in this subsection. A self-insurer shall provide liability coverage
subject to the provisions of subsection (e) of K.S.A. 40-3107, and amendments thereto,
arising out of the ownership, operation, maintenance or use of a self-insured motor vehicle
in those instances where the lessee or the rental driver, if not the lessee, does not have a
motor vehicle liability insurance policy or insurance coverage pursuant to a motor vehicle
liability insurance policy or certificate of insurance or such insurance policy for such leased
or rented vehicle. Such liability coverage shall be provided to any person operating a self-
insured motor vehicle with the expressed or implied consent of the self-insurer.
Upon notice and a hearing in accordance with the provisions of the Kansas administrative
procedure act, the commissioner of insurance may cancel a certificate of self-insurance upon
reasonable grounds. Failure to provide liability coverage or personal injury protection
benefits required by K.S.A. 40-3107 and 40-3109, and amendments thereto, or pay any
liability imposed by law arising out of the ownership, operation, maintenance or use of a
motor vehicle registered in such self-insurer's name, or to otherwise comply with the
requirements of this subsection shall constitute reasonable grounds for the cancellation of
a certificate of self-insurance. Reasonable grounds shall not exist unless such objectionable
activity occurs with such frequency as to indicate a general business practice.
Self-insureds shall investigate claims in a reasonably prompt manner, handle such claims
in a reasonable manner based on available information and effectuate prompt, fair and
equitable settlement of claims in which liability has become reasonably clear.
As used in this subsection, ``liability imposed by law'' means the stated limits of liability
as provided under subsection (e) of K.S.A. 40-3107, and amendments thereto.
Nothing in this subsection shall preclude a self-insurer from pursuing all rights of
subrogation against another person or persons.
(g) (1) Any person violating any provision of this section shall be guilty of a class BA
misdemeanor and shall be subject to a fine of not less than $200$500 nor more than $1,000 $2,500 or confinement in the county jail for a term of not more than six monthsone year,
or both such fine and confinement.
(2) Any person convicted of violating any provision of this section within three years of
any such prior conviction shall be guilty of a class A misdemeanorseverity level 7, nonperson felony.
(h) In addition to any other penalties provided by this act for failure to have or maintain
financial security in effect, the director, upon receipt of a report required by K.S.A. 8-1607
or 8-1611, and amendments thereto, or a denial of such insurance by the insurance company
listed on the form prescribed by the secretary of revenue pursuant to subsection (d) of this
section, shall, upon notice and hearing as provided by K.S.A. 40-3118, and amendments
thereto:
(1) Suspend:
(A) The license of each driver in any manner involved in the accident;
(B) the license of the owner of each motor vehicle involved in such accident, unless the
vehicle was stolen at the time of the accident, proof of which must be established by the
owner of the motor vehicle. Theft by a member of the vehicle owner's immediate family
under the age of 18 years shall not constitute a stolen vehicle for the purposes of this section;
(C) if the driver is a nonresident, the privilege of operating a motor vehicle within this
state; or
(D) if such owner is a nonresident, the privilege of such owner to operate or permit the
operation within this state of any motor vehicle owned by such owner; and
(2) revoke the registration of all vehicles owned by the owner of each motor vehicle
involved in such accident.
(i) The suspension or revocation requirements in subsection (h) shall not apply:
(1) To the driver or owner if the owner had in effect at the time of the accident an
automobile liability policy as required by K.S.A. 40-3107, and amendments thereto, with
respect to the vehicle involved in the accident;
(2) to the driver, if not the owner of the vehicle involved in the accident, if there was
in effect at the time of the accident an automobile liability policy with respect to such driver's
driving of vehicles not owned by such driver;
(3) to any self-insurer as defined by subsection (u) of K.S.A. 40-3103, and amendments
thereto;
(4) to the driver or owner of any vehicle involved in the accident which was exempt
from the provisions of this act pursuant to K.S.A. 40-3105, and amendments thereto;
(5) to the owner of a vehicle described in subsection (a)(2).
(j) For the purposes of provisions (1) and (2) of subsection (i) of this section, the director
may require verification by an owner's or driver's insurance company or agent thereof that
there was in effect at the time of the accident an automobile liability policy as required in
this act.
Any suspension or revocation effected hereunder shall remain in effect until satisfactory
proof of financial security has been filed with the director as required by subsection (d) of
K.S.A. 40-3118, and amendments thereto, and such person has been released from liability
or is a party to an action to determine liability pursuant to which the court temporarily stays
such suspension pending final disposition of such action, has entered into an agreement for
the payment of damages, or has been finally adjudicated not to be liable in respect to such
accident and evidence of any such fact has been filed with the director and has paid the
reinstatement fee herein prescribed. Such reinstatement fee shall be $25$250 except that
if the registration of a motor vehicle of any owner is revoked within one year following a
prior revocation of the registration of a motor vehicle of such owner under the provisions
of this act such fee shall be $75$750.
(k) The provisions of this section shall not apply to motor carriers of property or
passengers regulated by the corporation commission of the state of Kansas.
(l) The provisions of subsection (d) shall not apply to vehicle dealers, as defined in K.S.A.
8-2401, and amendments thereto, for vehicles being offered for sale by such dealers.'';
By renumbering the remaining sections accordingly;
On page 2, in line 9, before the comma, by inserting ``and provide verification of financial
security'';
On page 4, in line 18, by striking ``$25'' and inserting ``$100''; in line 22, by striking ``$75''
and inserting ``$300'';
On page 5, in line 22, after ``Supp.'', by inserting ``40-3104 and'';
In the title, in line 10, after ``Supp.'' by inserting ``40-3104 and''; and the bill be passed
as amended.
The Committee on Judiciary recommends HB 2352 be passed.
Upon unanimous consent, the House referred back to the regular order of business,
Introduction of Bills and Concurrent Resolutions.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and concurrent resolution were thereupon introduced and read by
title:
HB 2506, An act concerning municipal court in certain cities; relating to the jurisdiction
thereof; amending K.S.A. 12-4104 and 22-2601 and K.S.A. 1998 Supp. 8-2106 and 8-2107
and repealing the existing sections, by Committee on Appropriations.
HB 2507, An act concerning the Kansas civil service act; relating to certain state officers
and employees in the classified and unclassified service thereunder; concerning the state
board of indigents' defense services; amending K.S.A. 22-4524 and repealing the existing
section, by Committee on Appropriations.
HB 2508, An act relating to certain state buildings or facilities; concerning the statehouse,
governor's residence and Hiram Price Dillon house; procedures and requirements for
contracts, projects and donations for renovation, reconstruction, repair and other
improvement thereof; establishing the state facilities gift fund, by Committee on
Appropriations.
HB 2509, An act concerning alcoholic beverages; relating to the regulation thereof;
relating to certain licensees; amending K.S.A. 41-330, 41-2610 and 41-2623 and K.S.A. 1998
Supp. 41-311 and repealing the existing sections, by Committee on Federal and State Affairs.
HB 2510, An act concerning firearms and firearms dealers; relating to the regulation
thereof; relating to the limitation on certain civil actions relating thereto, by Committee on
Federal and State Affairs.
HB 2511, An act concerning crimes and punishment; relating to furnishing cereal malt
beverage to a minor; amending K.S.A. 21-3610a and repealing the existing section, by
Committee on Federal and State Affairs.
HB 2512, An act concerning intoxicating liquors; relating to sales by retailers; amending
K.S.A. 1998 Supp. 41-712 and repealing the existing section, by Committee on Federal and
State Affairs.
HOUSE CONCURRENT RESOLUTION No. 5028--
By Representative Light
(By Request)
A CONCURRENT RESOLUTION urging that no legislation be enacted to deregulate the
retail electric industry unless further study and deliberation conclude that deregulation
will benefit all consumers.
WHEREAS, The Docking Institute of Public Affairs of Fort Hays State University
conducted an independent study of the effects of restructuring the electric utility industry
to deregulate retail sales of electricity (``retail wheeling'') and the study encompassed service
territories of electric cooperatives in all areas of the state; and
WHEREAS, The study found that deregulation of retail electric sales could cause typical
electric bills of residential customers to nearly double; and
WHEREAS, The study showed a potential loss of hundreds of jobs in service territories
of Kansas electric cooperatives and major reductions in income as the result of retail
wheeling; and
WHEREAS, The study also concluded that retail wheeling could cause rural areas to
lose millions of dollars in tax revenues; and
WHEREAS, Kansas is one of 24 states that have a Silver Haired Legislature and the
Kansas Silver Haired Legislature conducted its 16th Annual Session in October, 1998; and
WHEREAS, The Kansas Silver Haired Legislature adopted SHL Resolution No. 1511
which urged that no legislation be enacted to deregulate the retail electric industry: Now,
therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That no legislation be enacted to deregulate the retail electric industry in this state
until further study and deliberation conclude that deregulation will benefit all consumers.
REPORT ON ENGROSSED RESOLUTIONS HR 6009 reported correctly engrossed February 15, 1999.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Wednesday,
February 17, 1999.