February 22, 1999

Journal of the House

THIRTIETH DAY
______
Hall of the House of Represenatitives
Topeka, KS, Monday, February 22, 1999, 11:00 a.m.
 The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

 The roll was called with 123 members present.

 Reps. Ballard and Haley were excused on excused absence by the Speaker.

 Present later: Reps. Ballard and Haley.

   Prayer by Chaplain Svoboda:

              God of Truth,

              We come to you today in thanksgiving
              for the life and example of George Washington.
              We remember him
              as a true leader,
              a strong politician,
              and an honest person.
              In our lives,
              may we reflect the good that he was
              and learn from the mistakes he made
              So that we, too, in our own day,
              will be remembered with fondness and respect.
              In your name we pray,
              Amen.
   The Pledge of Allegiance was led by Rep. Toplikar.

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

   Appropriations: HB 2524.

 Economic Development: HCR 5030.

 Governmental Organization and Elections: HB 2525.

 Health and Human Services: HB 2523.

 Taxation: HB 2526.

CHANGE OF REFERENCE
 Speaker pro tem Mays announced the withdrawal of HB 2399 from Committee on Tax-
ation and referral to Committee on Utilities.

COMMUNICATIONS FROM STATE OFFICERS
 From Patricia Michaelis, State Archivist, Secretary, State Records Board, State of Kansas
State Records Board Annual Report for Fiscal Year 1998.

   The complete report is kept on file and open for inspection in the office of the Chief
Clerk.

CONSENT CALENDAR
 No objection was made to HB 2259, 2320 appearing on the Consent Calendar for the
first day.

 No objection was made to HCR 5013 appearing on the Consent Calendar for the third
day. The resolution was advanced to Final Action on Bills and Concurrent Resolutions.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 HCR 5013, A concurrent resolution urging each member of the Kansas Congressional
Delegation to support prior rules and regulations regarding organ procurement, was con-
sidered on final action.

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

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballou, Barnes, Beggs, Benlon, Bethell, Bos-
ton, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Edmonds,
Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Hayzlett, Hel-
gerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutch-
ins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel,
Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason,
Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morri-
son, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Pe-
terson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt,
Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson,
Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Ballard, Haley.

 The resolution was adopted.

   HB 2096, An act concerning title insurance and escrow accounts, was considered on final
action.

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

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Barnes, Beggs, Benlon, Bethell, Boston, Bur-
roughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Edmonds, Emp-
son, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Gar-
ner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Hayzlett,
Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Kreh-
biel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd,
Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp,
Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls,
E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Rein-
hardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm,
Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: Ballou.

 Absent or not voting: Ballard, Haley.

 The bill passed, as amended.

   HB 2109, An act concerning motor vehicle insurance; relating to accident prevention
courses; amending K.S.A. 40-1112a and repealing the existing section, was considered on
final action.

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

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballou, Barnes, Beggs, Benlon, Bethell, Bos-
ton, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Edmonds,
Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Hayzlett, Hel-
gerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutch-
ins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel,
Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason,
Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morri-
son, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Pe-
terson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt,
Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson,
Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Ballard, Haley.

 The bill passed.

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

COMMITTEE OF THE WHOLE
 On motion of Rep. O'Connor, Committee of the Whole report, as follows, was adopted:
   Recommended that HCR 5021, 5015 be adopted.

 Committee report to HB 2321 be adopted; and the bill be passed as amended.

 Committee report to HB 2191 be adopted; and the bill be passed as amended. On motion
of Rep. Kuether,  HB 2272 be amended on page 1, in line 29, by striking ``statute book''
and inserting ``Kansas register''; and HB 2272 be passed as amended.

 Committee report to HCR 5014 be adopted; and the resolution be adopted as amended.

REPORTS OF STANDING COMMITTEES
 The Committee on Business, Commerce and Labor recommends HB 2380 be passed
and, because the committee is of the opinion that the bill is of a noncontroversial nature,
be placed on the consent calendar.

      The Committee on Business, Commerce and Labor recommends HB 2161 be
amended on page 6, after line 3, by adding two new sections as follows:

      ``Sec.  4. K.S.A. 17-7301 is hereby amended to read as follows: 17-7301. (a) As used
in this act, the words ``foreign corporation'' mean a corporation organized under the laws
of any jurisdiction other than this state.

      (b) No foreign corporation shall do any business in this state, through or by branch
offices, agents or representatives located in this state, until it has filed in the office of the
secretary of state of this state an application for authority to engage in business in this state
as a foreign corporation. Such application shall be filed in accordance with K.S.A. 17-6003
and amendments thereto and shall set forth:

      (1) A certificate issued within 90 days of the date of application by the proper officer
of the jurisdiction where such corporation is incorporated attesting to the fact that such
corporation is a corporation in good standing in such jurisdiction;

      (2) the address of the principal office of the corporation is located;

      (3) the address of the principal office or place of business in this state is to be located,
if known;

      (4) the full nature and character of the business the corporation proposes to conduct
in this state;

      (5) the name and address of each of the officers and trustees or directors of the
corporation;

      (6) a statement as to when the corporate existence of the corporation will expire in the
state of incorporation;

      (7) a detailed statement of the assets and liabilities of the corporation, as of a date not
earlier than 12 months prior to the filing date;

      (8) the location of the registered office of the corporation in this state and the name
of its resident agent in charge of the registered office; and

      (9) the date on which the corporation commenced, or intends to commence, doing
business in this state.

      The application shall be subscribed and sworn to by the president or a vice-president
and the secretary or an assistant secretary of the corporation, and it shall be accompanied
by the written consent of the corporation, irrevocable, that actions may be commenced
against it in the proper court of any county where there is proper venue by the service of
process on the secretary of state as provided for in K.S.A. 17-7307 and amendments thereto
and stipulating and agreeing that such service shall be taken and held, in all courts, to be
as valid and binding as if due service had been made upon the president and secretary of
the corporation. Such consent shall be executed by the president or a vice-president and
the secretary or an assistant secretary of the corporation and shall be accompanied by a duly
certified copy of the order or resolution of the board of directors, trustees or managers of
the corporation authorizing the secretary or an assistant secretary and the president or a
vice-president to execute it. Nothing in this act or the act of which this section is amendatory
shall be construed as requiring such consent or the order or resolution of the board of
directors to be recorded in the office of the register of deeds.

      (c) After receipt of any such the application and fee, if the secretary of state finds that
it complies with the provisions of this section, the secretary of state shall issue a certificate
authorizing the foreign corporation to do business in this state, except that file the original
application and certify the duplicate copy in accordance with K.S.A. 17-6003, and amend-
ments thereto. The certified copy of the application shall be prima facie evidence of the right
of the corporation to do business in this state. The secretary of state shall not issue file such
certificate application unless:

      (1) The name of the corporation is such as to distinguish it upon the records of the
office of the secretary of state from the name of each other corporation organized under
the laws of this state or reserved or registered as a foreign corporation under the laws of
this state;

      (2) the corporation has obtained the written consent of such other corporation, which
has the same name, for the corporation to do business in this state under such name and
such consent has been executed, acknowledged and filed with the secretary of state in
accordance with K.S.A. 17-6003 and amendments thereto; or

      (3) the corporation indicates, as a means of identification and in its advertising within
this state, the state in which it is incorporated. The certificate of the secretary of state, under
the seal of the office of the secretary of state, shall be delivered to the resident agent upon
the payment to the secretary of state of the fee prescribed therefor, and the certificate shall
be prima facie evidence of the right of the corporation to do business in this state.

      Sec.  5. K.S.A. 17-7502 is hereby amended to read as follows: 17-7502. (a) At the time
of filing its articles of incorporation, each domestic corporation organized for profit shall
pay to the secretary of state an application and recording fee of $75, and the fee for domestic
corporations organized not for profit shall be $20.

      (b) Before any foreign corporation shall be authorized to do business in this state, such
corporation shall pay to the secretary of state a filing fee of $75 $100 and the fee prescribed
by K.S.A. 17-7506, and amendments thereto, for issuing the certificate of authority to do
business in Kansas.'';

      And by renumbering the subsequent sections accordingly;

      Also, on page 15, in line 8, by striking ``certificates'' and inserting ``certificate''; on page
17, in line 18, after ``17-6003a'' by inserting ``17-7301, 17-7502,'';

      In the title, on page 1, in line 10, after ``17-6003a'' by inserting ``17-7301, 17-7502,''; and
the bill be passed as amended.

      The Committee on Business, Commerce and Labor recommends HB 2197 be
amended on page 1, in line 23, by striking ``unsolicited'' and inserting ``unordered''; in line
37, after ``send'' by inserting ``or sends''; in line 42, by striking ``on billing for goods'' and
inserting ``or bill for unordered''; in line 43, by striking ``received as an unconditional gift'';

      On page 2, after line 1, by inserting the following subsection:

      ``(d) The provisions of this act do not apply to plans and arrangements regulated by
and in compliance with 16 C.F.R. 425 or to contractual plans or arrangements such as
continuity plans, subscription arrangements, standing order arrangements and series ar-
rangements under which the supplier periodically ships property to a consumer who has
affirmatively ordered or requested in advance to receive such property on a periodic basis.'';

      Also on page 2, in line 2, by striking ``(d)'' and inserting ``(e)''; and the bill be passed as
amended.

      The Committee on Environment recommends HB 2124 be amended by substituting
a new bill to be designated as ``Substitute for HOUSE BILL No. 2124,'' as follows:

    ``Substitute for HOUSE BILL No. 2124


By Committee on Environment


``AN  ACT concerning solid waste; relating to certain materials; providing for certain agree-
      ments; amending K.S.A. 1998 Supp. 65-3402 and 65-3406 and repealing the existing
      sections.'';

              and the substitute bill be passed.

         (Sub. HB 2124 was thereupon introduced and read by title.)

        The Committee on Environment recommends HB 2404 be amended on page 1, in
line 17, by striking ``three'' and inserting ``five''; in line 25, by striking all after ``use''; in line
26, by striking all before ``successive'' and inserting ``of water under a water right has been
reported for three''; in line 27, after ``user'' by inserting ``, by certified mail, return receipt
requested,''; also in line 27, by striking all after ``use''; in line 28, by striking ``two'' and
inserting ``of the water has been reported for three''; in line 29, by striking ``three'' and
inserting ``five''; in line 30, by striking ``three'' and inserting ``five''; and the bill be passed as
amended.

      The Committee on Governmental Organization and Elections recommends HB
2077 be amended on page 1, in line 25, by striking ``and'' and inserting a comma; in line
26, after ``attorney'' by inserting ``and other staff attorneys''; in line 27, by striking ``and chief
attorney'' and inserting ``, chief attorney and other staff attorneys''; in line 29, before the
period, by inserting ``and approved by the governor'';

      On page 2, in line 12, by striking ``and a chief attorney'' and inserting ``, a chief attorney
and other staff attorneys''; in line 13, by striking ``and chief attorney'' and inserting ``, a chief
attorney and other staff attorneys''; in line 15, before the period, by inserting ``and approved
by the governor'';

      On page 5, in line 40, by striking ``division heads and''; in line 41, following ``assistants''
by inserting ``and employees''; in line 43, by striking ``and division heads'';

      On page 6, in line 10, by striking ``division heads and''; in line 11, following ``assistants''
by inserting ``and employees''; in line 13, by striking ``and division heads'';

      By striking all in lines 22 and 23 and inserting:

        ``Sec.  21. The separation of the powers and duties pursuant to this act shall be made
pursuant to a transition plan. Such separation shall be made on or before October 1, 1999.
Such transition plan shall be developed jointly by the governor and the secretary of the
department of health and environment.

      Sec.  22. K.S.A. 75-5601, 75-5602, 75-5603, 75-5604, 75-5605, 75-5606, 75-5607, 75-
5608, 75-5609, 75-5610, 75-5611, 75-5612, 75-5613, 75-5617, 75-5618, 75-5619, 75-5620,
75-5621, 75-5622, 75-5623, 75-5624, 75-5626, 75-5627, 75-5628, 75-5637, 75-5638, 75-
5639, 75-5640, 75-5641, 75-5642, 75-5643, 75-5644, 75-5645, 75-5646, 75-5647, 75-5648,
75-5649, 75-5655, 75-5657, 75-5660, 75-5661 and 75-5662 are hereby repealed. 
  Sec.  23. This act shall take effect and be in force from and after its publication in the
Kansas register.'';

      In the title, in line 11, before the period, by inserting: ``; also repealing K.S.A. 75-5601,
75-5602, 75-5603, 75-5604, 75-5605, 75-5606, 75-5607, 75-5608, 75-5609, 75-5610, 75-
5611, 75-5612, 75-5613, 75-5617, 75-5618, 75-5619, 75-5620, 75-5621, 75-5622, 75-5623,
75-5624, 75-5626, 75-5627, 75-5628, 75-5637, 75-5638, 75-5639, 75-5640, 75-5641, 75-
5642, 75-5643, 75-5644, 75-5645, 75-5646, 75-5647, 75-5648, 75-5649, 75-5655, 75-5657,
75-5660, 75-5611 and 75-5662''; and the bill be passed as amended.

      The Committee on Health and Human Services recommends HB 2074 be amended
on page 4, in line 7, after ``AIDS'' by striking ``and''; by striking all in line 8; in line 9, by
striking ``or AIDS''; also in line 9, after the period, by inserting: ``The secretary shall adopt
rules and regulations for maintaining confidentiality of information under this act which at
a minimum are as strict as the centers for disease control and prevention guidelines.'';

      On page 5, in line 10, by striking ``Any'' and inserting: ``Except as otherwise provided in
this section, any''; in line 11, after ``65-6004'' by inserting ``, and amendments thereto,''; in
line 13, after the period, by inserting: ``Any person who discloses information which is made
confidential and prohibited from disclosure under K.S.A. 65-6002 through 65-6004, and
amendments thereto, shall be guilty of a misdemeanor punishable by a fine of not less than
$500 nor more than $1,000 and by imprisonment in the county jail for not more than six
months.''; in line 16, by striking all after the period; by striking all in line 17; in line 18, by
striking all before the period and inserting: ``including anonymous testing. The secretary
shall establish test sites throughout the state so that an anonymous test site is available
within 100 miles of any resident of the state.''; and the bill be passed as amended.

      The Committee on Judiciary recommends HB 2082 be amended on page 1, by striking
all of lines 14 through 43;

      On page 2, by striking all of lines 1 through 43;

      On page 3, by striking all of lines 1 through 6; following line 6, by inserting the following:

      ``Section  1. K.S.A. 1998 Supp. 21-3106 is hereby amended to read as follows: 21-3106.
(1) A prosecution for murder may be commenced at any time.

      (2) Except as provided by subsection (8) (9), a prosecution for any of the following
crimes must be commenced within five years after its commission if the victim is less than
16 years of age: (a) Indecent liberties with a child as defined in K.S.A. 21-3503 and amend-
ments thereto; (b) aggravated indecent liberties with a child as defined in K.S.A. 21-3504
and amendments thereto; (c) enticement of a child as defined in K.S.A. 21-3509 and amend-
ments thereto; (d) indecent solicitation of a child as defined in K.S.A. 21-3510 and amend-
ments thereto; (e) aggravated indecent solicitation of a child as defined in K.S.A. 21-3511
and amendments thereto; (f) sexual exploitation of a child as defined in K.S.A. 21-3516 and
amendments thereto; or (g) aggravated incest as defined in K.S.A. 21-3603 and amendments
thereto.

      (3) Except as provided by subsection (9), a prosecution for the crime of voluntary
manslaughter, as defined in K.S.A. 21-3403 and amendments thereto, or involuntary man-
slaughter as defined in K.S.A. 21-3404 and amendments thereto, must be commenced within
five years after its commission.

      (3) (4) Except as provided in subsection (8) (9), a prosecution for any crime must be
commenced within 10 years after its commission if the victim is the Kansas public employees
retirement system.

      (4) (5) Except as provided by subsection (8) (9), a prosecution for rape, as defined in
K.S.A. 21-3502 and amendments thereto, or aggravated criminal sodomy, as defined in
K.S.A. 21-3506 and amendments thereto, must be commenced within five years after its
commission.

      (5) (6) Except as provided in subsection (8) (9), a prosecution for any crime found in
the Kansas medicaid fraud control act must be commenced within five years after its
commission.

      (6) (7) Except as provided by subsection (8) (9), a prosecution for the crime of arson,
as defined in K.S.A. 21-3718 and amendments thereto, or aggravated arson, as defined in
K.S.A. 21-3719 and amendments thereto, must be commenced within five years after its
commission.

      (7) (8) Except as provided by subsection (8) (9), a prosecution for any crime not gov-
erned by subsections (1), (2), (3), (4), (5) and, (6) and (7) must be commenced within two
years after it is committed, except that, if the fact that the crime has been committed is not
reasonably ascertainable, or reporting of the crime is found to have been delayed as a result
of threat or intimidation, then the period within which a prosecution for the crime must be
commenced shall not start to run until the fact of the crime becomes reasonably ascertainable
or, in the case of a delay in reporting due to threat or intimidation, until the fact of the
crime is otherwise reported.

      (8) (9) The period within which a prosecution must be commenced shall not include
any period in which:

      (a) The accused is absent from the state;

      (b) the accused is concealed within the state so that process cannot be served upon the
accused;

      (c) the fact of the crime is concealed;

      (d) a prosecution is pending against the defendant for the same conduct, even if the
indictment or information which commences the prosecution is quashed or the proceedings
thereon are set aside, or are reversed on appeal;

      (e) an administrative agency is restrained by court order from investigating or otherwise
proceeding on a matter before it as to any criminal conduct defined as a violation of any of
the provisions of article 41 of chapter 25 and article 2 of chapter 46 of the Kansas Statutes
Annotated which may be discovered as a result thereof regardless of who obtains the order
of restraint; or

      (f) whether or not the fact of the crime is concealed by the active act or conduct of the
accused, there is substantially competent evidence to believe two or more of the following
factors are present: (i) The victim was a child under 15 years of age at the time of the crime;
(ii) the victim was of such age or intelligence that the victim was unable to determine that
the acts constituted a crime; and (iii) the victim was prevented by a parent or other legal
authority from making known to law enforcement authorities the fact of the crime whether
or not the parent or other legal authority is the accused; and (iv) there is substantially
competent expert testimony indicating the victim psychologically repressed such witness'
memory of the fact of the crime, and in the expert's professional opinion the recall of such
memory is accurate and free of undue manipulation, and substantial corroborating evidence
can be produced in support of the allegations contained in the complaint or information
but in no event may a prosecution be commenced as provided in this section later than the
date the victim turns 28 years of age. Corroborating evidence may include, but is not limited
to, evidence the defendant committed similar acts against other persons or evidence of
contemporaneous physical manifestations of the crime. ''Parent or other legal authority``
shall include but not be limited to natural and stepparents, grandparents, aunts, uncles or
siblings.

      (9) (10) An offense is committed either when every element occurs, or, if a legislative
purpose to prohibit a continuing offense plainly appears, at the time when the course of
conduct or the defendant's complicity therein is terminated. Time starts to run on the day
after the offense is committed.

      (10) (11) A prosecution is commenced when a complaint or information is filed, or an
indictment returned, and a warrant thereon is delivered to the sheriff or other officer for
execution. No such prosecution shall be deemed to have been commenced if the warrant
so issued is not executed without unreasonable delay.'';

      And the bill be passed as amended.

      The Committee on Judiciary recommends HB 2140 be amended on page 1, in line 21,
by striking ``who'' and inserting ``at least two of the three of whom shall''; in line 41, by
striking ``of'' and inserting ``on matters including, but not limited to,'';

      On page 2, in line 1, by striking ``as to''; in line 2, before ``(4)'', by striking ``and''; also in
line 2, by striking ``as to''; in line 4, after ``taking'', by inserting ``, (5) that, except for incidental
contact for the purpose of verifying factual information relating to the subject real estate or
to discuss scheduling matters, appraisers shall refrain from any ex parte meetings or dis-
cussions with representatives of the plaintiff or property owner without first advising the
adverse party and providing such party with the opportunity to be present, and (6) that all
written material provided to an appraiser or appraisers by a party shall be provided forthwith
to the adverse party''; also in line 4, by striking ``The instructions shall prohibit''; by striking
all of lines 5 through 9; in line 10, by striking all before ``Upon'';

      On page 3, in line 41, after ``methods'', by inserting ``as may be appropriate for the
particular property which is the subject of the action'';

      On page 4, in line 2, by striking ``statute book'' and inserting ``Kansas register''; and the
bill be passed as amended.

      The Committee on Judiciary recommends HB 2224 be amended on page 2, in line 2,
by striking ``who''; by striking all of line 3; in line 4, by striking ``to any person'';

      On page 3, in line 19, by striking ``who''; by striking all of line 20; in line 21, by striking
``to any person'';

      On page 4, in line 39, by striking ``who''; by striking all of line 40; in line 41, by striking
``to any person''; and the bill be passed as amended.

      The Committee on Judiciary recommends HB 2450 be amended on page 1, in line 23,
by striking ``annual budget''; in line 24, by striking ``document'' and inserting ``governor's
budget report''; in line 25, after ``submitted'', by inserting ``as a budget estimate''; following
line 31, by inserting the following:

        ``Sec.  2. K.S.A. 1998 Supp. 75-3718 is hereby amended to read as follows: 75-3718.
(a) The director of the budget shall have in continuous process and revision a tentative
budget for the coming years, in the light of direct studies of the operations, plans and needs
of the state agencies and of the existing and prospective sources of revenue. Except as
otherwise provided by this section, after summarizing estimates of funds which may be
available and the estimated requirements for the several state agencies, the director shall
cause them to be reviewed in relation to the general financial condition and needs of the
state and shall cause to be made such further inquiries and investigations, and such revision
of the tentative budget, as the director may deem necessary.

      (b) Not later than November tenth of each year, the director of the budget shall notify
each state agency in writing of any revision of its requests and the agency affected may
request a hearing thereon which request may be filed within ten (10) days after receipt of
notice but, in any case, not later than November twentieth 20 of such year. If requested,
the secretary of administration shall hold hearings on the tentative budget at which the
administrative head of each state agency or the representative of such administrative head
shall be entitled to be heard. The hearings provided for herein shall be concluded not later
than December 15 of such year.

      (c) The director of the budget shall not revise the budget estimate for the judicial branch
of state government that is submitted pursuant to K.S.A. 20-158, and amendments thereto.

      Sec.  3. K.S.A. 1998 Supp. 75-3721 is hereby amended to read as follows: 75-3721. (a)
On or before the eighth calendar day of each regular legislative session, the governor shall
submit the budget report to the legislature, except that in the case of the regular legislative
session immediately following the election of a governor who was elected to the office of
governor for the first time, that governor shall submit the budget report to the legislature
on or before the 21st calendar day of that regular legislative session.

      (b) The budget report of the governor shall be set up in three parts, the nature and
contents of which shall include the following:

      (1) Part one shall consist of a budget message by such governor, including the governor's
recommendations with reference to the fiscal policy of the state government for the current
fiscal year and the ensuing fiscal year, describing the important features of the budget plan
for each of the fiscal years included, embracing a general budget summary setting forth the
aggregate figures of the budget so as to show the balanced relation between the total pro-
posed expenditures and the total anticipated income for the current fiscal year and the
ensuing fiscal year, with the basis and factors upon which the estimates were made, and the
means of financing the budget plan for the each of the fiscal years included, compared with
the corresponding figures for at least the last completed fiscal year, and the director of the
budget shall prepare the figures for the governor for such comparisons.

      (A) The budget plan shall not include (i) any proposed expenditures of anticipated
income attributable to proposed legislation that would provide additional revenues from
either current or new sources of revenue, or (ii) any proposed expenditures of moneys in
the ending balance in the state general fund required by K.S.A. 75-6702, and amendments
thereto.

      (B) The general budget summary may be supported by explanatory schedules or state-
ments, classifying the expenditures contained therein by state agencies, objects, and funds,
and the income by state agencies, funds, sources and types. The general budget summary
shall include all special or fee funds as well as the state general fund, and shall include the
estimated amounts of federal aids, for whatever purpose provided, together with estimated
expenditures therefrom.

      (2) Part two shall embrace the detailed budget estimates for each of the fiscal years
included, both of expenditures and revenues, showing the requests of the state agencies, if
any, and the incoming governor's recommendations thereon. It shall also include statements
of the bonded indebtedness of the state, showing the actual amount of the debt service for
at least the last completed fiscal year, and the estimated amount for the current fiscal year
and for each of the ensuing fiscal years included, the debt authorized and unissued, and the
condition of the sinking funds.

      (3) Part three shall consist of a draft of a legislative measure or measures reflecting the
incoming governor's budget for all of the fiscal years included in the budget report.

      (c) The division of the budget shall compile a children's budget document consisting
of the information contained in agency budget estimates regarding programs that provide
services for children and their families. Such document shall be provided to the joint com-
mittee on children and families; the Kansas commission on children, youth and families,
established by the governor's executive order number 91-145; and other persons or entities
on request.

      (d) The division of the budget, upon request, shall furnish the governor or the legis-
lature with any further information required concerning the budget.

      (e) Nothing in this section shall be construed to restrict or limit the privilege of the
governor to present supplemental budget messages or amendments to previous budget
messages, which may include proposals for expenditure of new or increased sources of
revenue derived from proposed legislation.

      (f) The budget estimate for the judicial branch as submitted to the director of the budget
pursuant to K.S.A. 20-158, and amendments thereto, shall be included in the governor's
budget report.'';

      And by renumbering sections accordingly;

      Also on page 1, in line 32, by striking ``is'' and inserting ``,75-3718 and 75-3721 are'';

      In the title, in line 10, after ``20-158'', by inserting ``,75-3718 and 75-3721''; in line 11,
by striking ``section'' and inserting ``sections''; and the bill be passed as amended.

      The Committee on Utilities recommends HB 2290 be amended on page 1, in line 13,
by striking ``and 66-1214 are'' and inserting ``is'';

      In the title, in line 9, by striking ``and 66-1214''; and the bill be passed as amended.

   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 were thereupon introduced and read by title:

   HB 2527, An act relating to state moneys; providing for agricultural production loans;
amending K.S.A. 75-4237 and repealing the existing section, by Committee on
Appropriations.

   HB 2528, An act concerning civil procedure; relating to motions for relief; amending
K.S.A. 60-260 and repealing the existing section, by Committee on Appropriations.

REPORT ON ENGROSSED BILLS
 HB 2096 reported correctly engrossed February 22, 1999.

READING AND CORRECTION OF THE JOURNAL
 In the Journal, on page 220, under Reports of Standing Committees, HB 2239 should
be deleted and HB 2339 should be inserted under Committee on Local Government be
passed.

   On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Tuesday, February
23, 1999.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.