The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 124 members present.
Rep. Holmes was excused on excused absence by the Speaker.
Prayer by guest Chaplain, the Rev. David Linnebur, St. Joseph Catholic Church, Conway
Springs, and guest of Rep. Farmer:
God and Father of us all,
As we begin this day may we remember and be guided
by the simple truth that everything that we are,
and everything that we possess, comes from you.
You command us to act accordingly.
Help us to remember that the life of all human persons
is to be respected and protected all stages from before
birth to natural end.
May these lawmakers, with whom you share your
authority, come to see that these powers they possess, with
You, are to be used to provide for these rights for all
in the State of Kansas.
Bless this august body with the understanding that
You have called them to greatness in providing for the
rights of all and that you will reward them, accordingly.
May their efforts begin with Your
inspiration and, by You,
be brought to completion through the power of
your Grace. Amen
The Pledge of Allegiance was led by Rep. Dahl.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Committee of the Whole: SCR 1617.
Federal and State Affairs: HB 2567.
Select Committee on Tobacco Settlement Funds: HB 2568.
CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of HB 2164 from Committee on
Education and referral to Committee on Calendar and Printing.
MESSAGES FROM THE GOVERNOR HB 2073, 2086, 2088, 2104, 2109, 2296 approved on March 19, 1999.
MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY
On motion of Rep. Huff, HR 6016, A resolution establishing Legislative Families Day,
was adopted.
CONSENT CALENDAR
No objection was made to SB 162, 179 appearing on the Consent Calendar for the third
day. The bills were advanced to Final Action on Bills and Concurrent Resolutions.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS SB 162, An act relating to Kansas insurance coverage for children; prior authorization;
amending K.S.A. 1998 Supp. 38-2001 and repealing the existing section, was considered on
final action.
On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 0; Absent or not
voting: 3.
SB 179, An act concerning the high performance incentive program; relating to eligibility
therefor; amending K.S.A. 1998 Supp. 74-50,131 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.
HB 2126, An act concerning administrative procedure; concerning presiding officers;
amending K.S.A. 2-1208a, 2-3311, 8-2426, 21-3110, 31-140, 36-509, 40-2,137, 44-322a, 49-
606, 65-163a, 65-673, 65-720a, 65-747, 65-753, 65-2305, 65-3483, 65-3488, 65-3490, 66-
1,117, 75-37,121, 75-37,121, as amended by section 34 of this act, 75-37,121, as amended
by section 35 of this act, 75-37,121, as amended by section 36 of this act, 75-37,121, as
amended by section 37 of this act, 75-37,122, 75-6207, 76-3110, 77-505, 77-549, 77-550,
77-551, 77-551, as amended by section 47 of this act, 79-3313, 82a-1405, 82a-1501a, 82a-
1502, 82a-1503 and 82a-1504 and K.S.A. 1998 Supp. 44-1005, 65-163, 65-525, 65-526, 74-
4904, 74-8804, 74-8816, 74-8817, 74-8837, 77-514 and 77-514 as amended by section 43 of
this act and repealing the existing sections; also repealing K.S.A. 75-5611a, 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.
Sub. HB 2469, An act concerning drugs; relating to methamphetamine and other
chemicals; crimes and criminal procedure; enacting the Kansas chemical control act;
prescribing certain penalties; amending K.S.A. 60-4117 and K.S.A.1998 Supp. 21-4201, 21-
4706, 22-2512, 65-4101, 65-4152 and 65-4159 and repealing the existing sections, was
considered on final action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
SB 39, An act making and concerning appropriations for the fiscal year ending June 30,
1999, for the adjutant general; authorizing certain transfers and imposing certain restrictions
and limitations, and directing or authorizing certain receipts and disbursements and acts
incidental to the foregoing, was considered on final action.
On roll call, the vote was: Yeas 120; Nays 4; Present but not voting: 0; Absent or not
voting: 1.
SB 71, An act concerning the Kansas dental board; amending K.S.A. 65-1432 and 65-
1434 and K.S.A. 1998 Supp. 65-1431 and repealing the existing sections, was considered on
final action.
On roll call, the vote was: Yeas 121; Nays 3; Present but not voting: 0; Absent or not
voting: 1.
SB 91, An act concerning courts; relating to jurisdiction of district magistrate judges;
actions pursuant to protection from abuse act; amending K.S.A. 1998 Supp. 20-302b and
repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 123; Nays 1; Present but not voting: 0; Absent or not
voting: 1.
SB 92, An act concerning crime, criminal procedure and punishment; relating to parole
hearings; comments of victims; amending K.S.A. 1998 Supp. 22-3717 and repealing the
existing section, was considered on final action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
SB 240, An act concerning the bank commissioner; relating to duties and qualifications;
amending K.S.A. 75-1304 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 118; Nays 5; Present but not voting: 1; Absent or not
voting: 1.
EXPLANATION OF VOTE
Mr. Speaker: I vote abstain on SB 240. I abstain from casting a vote on SB 240 due to
the appearance of conflict of interest. I serve on the Board of Directors for Iola Bank and
Trust in Iola, Kansas.--Cindy Hermes
SB 292, An act concerning imported meat, poultry or dairy products labeling; providing
for enforcement by the attorney general; amending K.S.A. 65-6a48, 65-6a49, 65-6a50 and
65-6a51 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 104; Nays 20; Present but not voting: 0; Absent or not
voting: 1.
EXPLANATION OF VOTE
Mr. Speaker: On January 11, I took an oath to support and defend the constitution. To
vote for a bill that I believe is unconstitutional would be to violate that oath. I believe that SB 292 is unconstitutional. I vote no.--Dan Johnson
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Reinhardt in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Reinhardt, Committee of the Whole report, as follows, was adopted:
Recommended that on motion of Rep. Henry SCR 1617 be amended on page 2, in line
29, by striking all after ``Housing'' and inserting ``; and''; after line 29, by adding a paragraph
as follows:
``WHEREAS, Kansas has another hero, Amelia Earhart, a native of Atchison, who as a
pioneer for women in aviation lost her life under still unknown circumstances, and is a
Kansan worthy of recognition by placing a statue of her in Statuary Hall. Further, it is
appropriate that the statue of Amelia Earhart be substituted for that of another Atchison
native, former U.S. Senator John James Ingalls, whose statue should be returned to Kansas
for an appropriate placement: Now, therefore,'';
On page 3, after line 11, that a paragraph be added as follows:
``Be it further resolved: That the City of Atchison and the Atchison Chamber of
Commerce should be tasked to find funds for the costs of the creation, transportation and
installation of the statue of Amelia Earhart in Statuary Hall and for returning the statue of
Senator Ingalls to Kansas; and'';
Also, on page 3, in line 15, after ``resolution,'' by inserting ``and the City of Atchison and
the Atchison Chamber of Commerce be unable to successfully fund the placement of a
statue of Amelia Earhart in Statuary Hall and transporting the statue of Senator Ingalls back
to Kansas,''; also in line 17, after ``senhower'' by inserting ``and Amelia Earhart'';
On page 1, in line 14 before the period, by inserting ``and providing for placement in
Statuary Hall of a statue of Amelia Earhart in lieu of Senator John James Ingalls'';
Also, on motion of Rep. Adkins to amend SCR 1617, the motion did not prevail, and the
resolution be adopted as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Appropriations recommends HB 2508 be amended on page 1, in
line 27, after the semicolon, by inserting ``or''; in line 28, by striking all after ``(3)''; by striking
all in line 29; in line 30, by striking ``(4)'';
On page 3, after line 16, by inserting the following:
``Sec. 6. K.S.A. 75-2724 is hereby amended to read as follows: 75-2724. (a) The state
or any political subdivision of the state, or any instrumentality thereof, shall not undertake
any project which will encroach upon, damage or destroy any historic property included in
the national register of historic places or the state register of historic places or the environs
of such property until the state historic preservation officer has been given notice, as
provided herein, and an opportunity to investigate and comment upon the proposed project.
Notice to the state historic preservation officer shall be given by the state or any political
subdivision of the state when the proposed project, or any portion thereof, is located within
500 feet of the boundaries of a historic property located within the corporate limits of a
city, or within 1,000 feet of the boundaries of a historic property located in the
unincorporated portion of a county. Notwithstanding the notice herein required, nothing in
this section shall be interpreted as limiting the authority of the state historic preservation
officer to investigate, comment and make the determinations otherwise permitted by this
section regardless of the proximity of any proposed project to the boundaries of a historic
property. The state historic preservation officer may solicit the advice and recommendations
of the historic sites board of review with respect to such project and may direct that a public
hearing or hearings be held thereon. Any such public hearing or hearings held pursuant to this subsection or held pursuant to authority delegated by the state historical preservation officer under subsection (e) or (f) shall be held within 60 days from the date of receipt of notice by the state historical preservation officer from the state or any political subdivision of the state as provided herein. If the state historic preservation officer determines, with or
without having been given notice of the proposed project, that such proposed project will
encroach upon, damage or destroy any historic property included in the national register of
historic places or the state register of historic places or the environs of such property, such
project shall not proceed until:
(1) The governor, in the case of a project of the state or an instrumentality thereof, or
the governing body of the political subdivision, in the case of a project of a political
subdivision or an instrumentality thereof, has made a determination, based on a
consideration of all relevant factors, that there is no feasible and prudent alternative to the
proposal and that the program includes all possible planning to minimize harm to such
historic property resulting from such use; and
(2) five days notice of such determination has been given, by certified mail, to the state
historic preservation officer.
(b) Any person aggrieved by the determination of the governor pursuant to this section
may seek review of such determination in accordance with the act for judicial review and
civil enforcement of agency actions. Any person aggrieved by the determination of a
governing body pursuant to this section may seek review of such determination in
accordance with K.S.A. 60-2101 and amendments thereto.
(c) The failure of the state historic preservation officer to initiate an investigation of any
proposed project within 30 days from the date of receipt of notice thereof shall constitute
such officer's approval of such project.
(d) Failure of any person or entity to apply for and obtain the proper or required
building or demolition permit before undertaking a project that will encroach upon, damage
or destroy any historic property included in the national register of historic places or the
state register of historic places, or the environs of such property, shall be subject to a civil
penalty not to exceed $25,000 for each violation. The attorney general may seek such
penalties and other relief through actions filed in district court.
(e) (1) The state historic preservation officer may enter into an agreement authorizing
a city or county to make recommendations or to perform any or all responsibilities of the
state historic preservation officer under subsections (a), (b) and (c) if the state historic
preservation officer determines that the city or county has enacted a comprehensive local
historic preservation ordinance, established a local historic preservation board or
commission and is actively engaged in a local historic preservation program. The agreement
shall specify the authority delegated to the city or county by the state historic preservation
officer, the manner in which the city or county shall report its decisions to the state historic
preservation officer, the conditions under which the city or county can request assistance
from the state historic preservation officer in performing certain project reviews, the length
of time the agreement is to be valid and provisions for termination of the agreement. Such
agreement shall provide that the state historic preservation officer shall retain final authority
to implement the provisions of this act. The state historic preservation officer shall adopt
any rules and regulations necessary to implement the provisions of this subsection.
(2) An agreement with a city or county authorized by this subsection shall not be
construed as limiting the authority of the state historic preservation officer to investigate,
comment and make determinations otherwise permitted by this section.
(f) The state historic preservation officer may enter into agreements with the state board
of regents or any state educational institution under the control and supervision of the state
board of regents to perform any or all responsibilities of the state historic preservation officer
under subsections (a), (b) and (c).
Sec. 7. K.S.A. 75-2724 is hereby repealed.'';
And by renumbering sections accordingly;
On page 1, in the title, in line 10, by striking all after ``ACT''; in line 11, by striking all
before the semicolon and inserting ``concerning government projects; procedures, reviews
and exemptions''; in line 13, by striking ``improvement thereof'' and inserting ``improvements
of the statehouse, governor's residence and Hiram Price Dillon house''; in line 14, preceding
the period, by inserting ``; amending K.S.A. 75-2724 and repealing the existing section''; and
the bill be passed as amended.
The Committee on Judiciary recommends SB 161 be passed.
The Committee on Judiciary recommends SB 4, as amended by Senate Committee, be
amended on page 1, following line 14, by inserting the following:
``Section 1. K.S.A. 1998 Supp. 8-1014 is hereby amended to read as follows: 8-1014.
(a) Except as provided by subsection (d) and K.S.A. 8-2,142, and amendments thereto, if a
person refuses a test, the division, pursuant to K.S.A. 8-1002, and amendments thereto,
shall suspend the person's driving privileges for one year.
(b) Except as provided by subsection (d) and K.S.A. 8-2,142, and amendments thereto,
if a person fails a test or has an alcohol or drug-related conviction in this state, the division
shall:
(1) If the person had an alcohol concentration of less than .15 in the person's blood or breath, on the person's first occurrence, suspend the person's driving privileges for 30 days,
then restrict the person's driving privileges as provided by K.S.A. 8-1015, and amendments
thereto, for an additional 330 days; and
(2) if the person had an alcohol concentration of .15 or more in the person's blood or breath, on the person's first occurrence, suspend the person's driving privilege for 30 days
and restrict the person's driving privileges for 330 days to driving only a motor vehicle
equipped with an ignition interlock device;
(2) (3) on the person's second or a subsequent occurrence, suspend the person's driving
privileges for one year and restrict the person's driving privileges for one year in accordance with K.S.A. 8-1015, and amendments thereto, and restrict the person's driving privileges for one year to driving only a motor vehicle equipped with an ignition interlock device. Any time period of ignition interlock restriction shall be credited to the one year minimum reinstatement time period.
(c) Whenever the division is notified by an alcohol and drug safety action program that
a person has failed to complete any alcohol and drug safety action education or treatment
program ordered by a court for a conviction of a violation of K.S.A. 8-1567, and amendments
thereto, the division shall suspend the person's driving privileges until the division receives
notice of the person's completion of such program.
(d) Except as provided in K.S.A. 8-2,142, and amendments thereto, if a person's driving
privileges are subject to suspension pursuant to this section for a test refusal, test failure or
alcohol or drug-related conviction arising from the same arrest, the period of such
suspension shall not exceed the longest applicable period authorized by subsection (a) or
(b), and such suspension periods shall not be added together or otherwise imposed
consecutively. In addition, in determining the period of such suspension as authorized by
subsection (a) or (b), such person shall receive credit for any period of time for which such
person's driving privileges were suspended while awaiting any hearing or final order
authorized by this act.
If a person's driving privileges are subject to restriction pursuant to this section for a test
failure or alcohol or drug-related conviction arising from the same arrest, the restriction
periods shall not be added together or otherwise imposed consecutively. In addition, in
determining the period of restriction, the person shall receive credit for any period of
suspension imposed for a test refusal arising from the same arrest.
(e) If the division has taken action under subsection (a) for a test refusal or under
subsection (b) for a test failure and such action is stayed pursuant to K.S.A. 8-259, and
amendments thereto, or if temporary driving privileges are issued pursuant to subsection
(k) of K.S.A. 8-1002, and amendments thereto, the stay or temporary driving privileges shall
not prevent the division from taking the action required by subsection (b) for an alcohol or
drug-related conviction.
(f) Upon restricting a person's driving privileges pursuant to this section or K.S.A. 8-
262, and amendments thereto, the division shall issue withoutfor a charge of $25 a driver's
license which shall indicate on the face of the license that restrictions have been imposed
on the person's driving privileges and that a copy of the order imposing the restrictions is
required to be carried by the person for whom the license was issued any time the person
is operating a motor vehicle on the highways of this state.
(g) Any person whose license is restricted to operating only a motor vehicle with an ignition interlock device installed may operate an employer's vehicle without an ignition interlock device installed during normal business activities, provided that the person does not partly or entirely own or control the employer's vehicle or business.
(h) Whenever the division is notified by a certified ignition interlock manufacturer or an authorized representative of the manufacturer that any person whose license is restricted to the use of an ignition interlock has failed to comply with the rules and regulations adopted by the division under K.S.A. 8-1016, and amendments thereto, the division shall suspend the person's driving privileges until the division receives notice of the person's compliance with the ignition interlock program.
Sec. 2. K.S.A. 1998 Supp. 8-1015 is hereby amended to read as follows: 8-1015. (a)
When subsection (b)(1) of K.S.A. 8-1014, and amendments thereto, requires or authorizes
the division to place restrictions on a person's driving privileges, the division shall restrict
the person's driving privileges to driving only under the circumstances provided by
subsections (a)(1), (2), (3) and (4) of K.S.A. 8-292 and amendments thereto.
(b) In lieu of the restrictions set out in subsection (a), the division, upon request of the
person whose driving privileges are to be restricted, may restrict the person's driving
privileges to driving only a motor vehicle equipped with an ignition interlock device,
approved by the division and obtained, installed and maintained at the person's expense.
(c) When subsection (b) of K.S.A. 8-262, and amendments thereto, and subsections (b)(2) and (b)(3) of K.S.A. 8-1014, and amendments thereto, require or authorize the division to place restrictions on a person's driving privileges, the division shall restrict the person's driving privileges to driving only a motor vehicle equipped with an ignition interlock device, approved by the division and maintained at the person's expense and may require driving only under circumstances provided by K.S.A. 8-292, and amendments thereto. The division shall not issue the restricted license under this subsection until the person has provided proof of installation of an approved ignition interlock device.
(c) Upon a person's second or subsequent conviction for an alcohol related offense, if the person had an alcohol concentration of .15 or more in the person's blood or breath, the convicting court shall restrict the person's driving privileges to driving only a motor vehicle equipped with an ignition interlock device, approved by the division and obtained, installed and maintained at the person's expense.
(d) Upon expiration of the period of time for which restrictions are imposed pursuant
to this section, the licensee may apply to the division for the return of any license previously
surrendered by the licensee. If the license has expired, the person may apply to the division
for a new license, which shall be issued by the division upon payment of the proper fee and
satisfaction of the other conditions established by law, unless the person's driving privileges
have been suspended or revoked prior to expiration.
Sec. 3. K.S.A. 1998 Supp. 8-1016 is hereby amended to read as follows: 8-1016. (a) The
secretary of revenue shall adopt rules and regulations for:
(1) The approval by the division of models and classes of ignition interlock devices
suitable for use by persons whose driving privileges have been restricted to driving a vehicle
equipped with such a device; and
(2) the calibration and maintenance of such devices, which shall be the responsibility
of the manufacturer; and
(3) ensuring that each manufacturer approved provides a reasonable statewide service network where such devices may be obtained, repaired, replaced or serviced and such service network can be accessed 24 hours per day through a toll-free phone service.
In adopting rules and regulations for approval of ignition interlock devices under this
section, the secretary of revenue shall insure that those devices approved do not impede the safe operation of a motor vehicle and have the fewest opportunities to be bypassed so as to rende them ineffectiverequire that the manufacturer's or the manufacturer's representatives calibrate and maintain the devices at intervals not to exceed 60 days. Calibration and maintenance shall include but not be limited to physical inspection of the device, the vehicle and wiring of the device to the vehicle for signs of tampering, calibration of the device and downloading of all data contained within the device's memory and reporting of any violation or noncompliance to the division.
(4) The division shall adopt by rule and regulation participant requirements for proper use and maintenance of a certified ignition interlock device during any time period the person's license is restricted by the division to only operating a motor vehicle with an ignition interlock device installed and by rule and regulation the reporting requirements of the approved manufacturer to the division relating to the person's proper use and maintenance of a certified ignition interlock device.
(b) If the division approves an ignition interlock device in accordance with rules and
regulations adopted under this section, the division shall give written notice of the approval
to the manufacturer of the device. Such notice shall be admissible in any civil or criminal
proceeding in this state.
(c) The manufacturer of an ignition interlock device shall reimburse the division for any
cost incurred in approving or disapproving such device under this section.
(d) Neither the state nor any agency, officer or employee thereof shall be liable in any
civil or criminal proceeding arising out of the use of an ignition interlock device approved
under this section.'';
And by renumbering sections accordingly;
On page 14, in line 34, after ``Supp.'' by inserting ``8-1014, 8-1015, 8-1016,'';
On page 1, in the title, in line 10, before ``expungement;'' by inserting ``crimes, punishment
and criminal procedure;''; in line 11, before ``amending'' by inserting ``driver's license
restrictions for alcohol and drug-related offenses;''; also in line 11, after ``Supp.'' by inserting
``8-1014, 8-1015, 8-1016,''; and the bill be passed as amended.
The Committee on Taxation recommends HB 2438 be amended on page 5, in line 4,
by striking the second ``and''; in line 5, before ``as'' by inserting ``for the purpose and''; in
line 6, before the second ``and'' by inserting ``and which is used predominantly for such
purpose, to the extent necessary to accommodate such facilities,'' and the bill be passed as
amended.
MESSAGES FROM THE GOVERNOR HB 2254 approved on March 22, 1999.
REPORT ON ENGROSSED BILLS HB 2126; Sub. HB 2469 reported correctly engrossed March 22, 1999.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Tuesday, March 23,
1999.