The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 125 members present.
Prayer by guest chaplain, the Rev. Fred S. Hollomon, Chaplain of the Senate:
Heavenly Father;
Sometimes I have the tendency to pass the buck. Sometimes I place the blame
on everyone but me.
I blame it on the Senate;
I blame it on the House;
I blame it on the lobbyists;
I blame it on my spouse.
I blame it on Revisors;
I blame it on Research;
And if it's on Sunday,
I blame it on the church.
I blame it on the Governor;
I blame it on my genes;
I blame it on El Nino;
I blame it on caffeine.
I blame it on Brownback;
I blame it on Lott;
I blame it on Clinton
More often than not.
To blame everyone else
Is nothing but wrong.
When it's really on me
That the blame belongs!
However,
As for the Speaker,
I never place blame.
I may be angry,
But I'm not insane!
I pray in the Name of Christ,
Amen
The Pledge of Allegiance was led by Rep. Weber.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Federal and State Affairs: HR 6017.
MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY
On motion of Rep. Nichols, HR 6018, A resolution in memory of W.K. ``Ken'' Marshall,
was adopted.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2066, An act concerning motor vehicle insurance; relating to proof of coverage;
amending K.S.A. 8-173 and K.S.A. 1998 Supp. 40-3104 and 40-3118 and repealing the
existing sections, was considered on final action.
On roll call, the vote was: Yeas 88; Nays 37; Present but not voting: 0; Absent or not
voting: 0.
EXPLANATION OF VOTE
Mr. Speaker: Yesterday 50 out of 117 voted to establish a ``pilot project'' on HB 2066,
and gather data and have this information assembled by the Insurance Commissioner's
Office, and along with the statistical analysis, report their findings to the legislature.
Obviously, the majority would rather not have the information that could alleviate the
problem. Possibly that is exactly the reason the problem has been around for 20 years, and
might well be for another 20. I vote ``NO'' on HB 2066 because I want to solve the problem,
not make it worse.--Garry Boston
HCR 5033, A concurrent resolution concerning the regional transport of ozone-related
air emissions and possible future requirements for Kansas, was considered on final action.
On roll call, the vote was: Yeas 125; Nays 0; Present but not voting: 0; Absent or not
voting: 0.
HCR 5037, A propositions to amend section 2 of article 13 of the constitution of the
state of Kansas, relating to banks.
Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected (or appointed) and qualified to the House of Representatives and two-thirds of the members elected (or appointed) and qualified to the Senate concurring therein:
Section 1. The following proposition to amend the constitution of the state of Kansas
shall be submitted to the qualified electors of the state for their approval or rejection: Section
2 of article 13 of the constitution of the state of Kansas is hereby amended to read as follows:
``§ 2. State not to be stockholder. The state shall not be a stockholder in any banking
institution, except that any retirement or pension plan authorized pursuant to the laws of this state may be a stockholder in any banking institution.''
Sec. 2. The following statement shall be printed on the ballot with the amendment
as a whole:
``Explanatory statement. The purpose of this amendment is to allow any retirement
or pension plan authorized pursuant to the laws of this state to be a stockholder in
any banking institution.
``A vote for this amendment would allow any retirement or pension plan authorized
pursuant to the laws of this state to be a stockholder in any banking institution.
``A vote against this amendment favors retaining the current prohibition against
the state and any retirement or pension plan authorized pursuant to the laws of this
state from being a stockholder in any banking institution.''
Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the House of Representatives and two-thirds of the members elected (or
appointed) and qualified to the Senate, shall be entered on the journals, together with the
yeas and nays. The secretary of state shall cause this resolution to be published as provided
by law and shall cause the proposed amendment to be submitted to the electors of the state
at the general election in the year 2000 unless a special election is called at a sooner date
by concurrent resolution of the legislature, in which case it shall be submitted to the electors
of the state at the special election, was considered on final action.
On roll call, the vote was: Yeas 114; Nays 10; Present but not voting: 1; Absent or not
voting: 0.
A two-thirds majority of the members elected to the House having voted in the
affirmative, the resolution was adopted.
EXPLANATION OF VOTE
Mr. Speaker: I vote abstain on HCR 5037. I abstain from casting a vote on HCR 5037
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
H. Sub. for SB 60, An act concerning the insurance department; insurance department
service regulation fund; amending K.S.A. 1998 Supp. 40-112 and repealing the existing
section; also repealing K.S.A. 1998 Supp. 40-112a, was considered on final action.
On roll call, the vote was: Yeas 122; Nays 3; Present but not voting: 0; Absent or not
voting: 0.
SB 62, An act concerning the open meetings act; authorized subjects for discussion in
closed or executive meetings; tape recordings of certain meetings; amending K.S.A. 75-
4317, 75- 4318 and 75-4319 and repealing the existing sections, was considered on final
action.
On roll call, the vote was: Yeas 64; Nays 61; Present but not voting: 0; Absent or not
voting: 0.
EXPLANATION OF VOTE
Mr. Speaker: I vote no on SB 62 due to the amendment that makes committee tape
recordings public property. While this amendment was purported to increase openness in
the legislative process, I feel the effect will be the opposite. I want all committee members
to feel free to ask for clarification or ask what he or she feels might be a ``dumb question.''
This bill as amended will inhibit this feeling of freedom to have open discussion in the
committee.--Joann Flower
Mr. Speaker: I vote ``no'' on SB 62. The exception to the Open Meetings Act regarding
discussing security matters is much too broad and the expansion of the Act to include audio
tapes of committee meetings is both unnecessary and unworkable. Two wrongs don't make
a right.--Michael R. O'Neal
SB 76, An act concerning the preservation of historic theaters; amending K.S.A. 1998
Supp. 12-1770, 12-1771 and 12-1774 and repealing the existing sections, was considered on
final action.
On roll call, the vote was: Yeas 122; Nays 3; Present but not voting: 0; Absent or not
voting: 0.
SB 93, An act concerning juvenile offenders; relating to venue of proceedings; amending
K.S.A. 1998 Supp. 38-1605 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 125; Nays 0; Present but not voting: 0; Absent or not
voting: 0.
SB 149, An act concerning juvenile justice; amending K.S.A. 21-3520, 75-7007, 75-7021,
75-7032 and 76-172 and K.S.A. 1998 Supp. 21-3413, 21-3810, 38-1602, 38-1604, 38-1663,
38- 1664, 38-1681, 38-16,129, 46-2801 and 75-7024 and repealing the existing sections; also
repealing K.S.A. 75-7008 and 75-7009 and K.S.A. 1997 Supp. 38-1663, as amended by
section 8 of chapter 187 of the 1998 Session Laws of Kansas and K.S.A. 1998 Supp. 38-
1602a, was considered on final action.
On roll call, the vote was: Yeas 124; Nays 1; Present but not voting: 0; Absent or not
voting: 0.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Sharp in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Sharp, Committee of the Whole report, as follows, was adopted:
Recommended that on motion of Rep. Johnston to amend SB 123, the motion was
withdrawn. Also, on further motion of Rep. Johnston to amend, Rep. Loyd requested a
ruling on the amendment being germane to the bill. The Rules Chair ruled the amendment
not germane, and the bill be passed.
Committee report to SB 169 be adopted; and the bill be passed as amended.
Committee report to SB 273 be adopted; also, on motion of Rep. Sloan be amended on
page 2, following line 25, by inserting:
``New Sec. 3. (a) The township board of Lecompton township located in Douglas
county, by resolution, may request the board of county commissioners of Douglas county
to acquire land by purchase or eminent domain for such township. The resolution shall
describe the land which the township desires to be acquired and the purpose for which it
is to be acquired. Such land shall be located in the township.
The board of county commissioners shall call and hold a hearing on such resolution.
Notice of the hearing shall be published at least once each week for two consecutive weeks
in a newspaper of general circulation in the township. At such hearing, any person who
desires to appear and speak shall be given the opportunity to be heard.
(b) Following such hearing, the board of county commissioners may adopt a resolution
of intent to acquire the land, or any portion of such land, described in the petition submitted
by the township board. If the board of county commissioners determines that land other
than that described in the petition is more suitable for the township purposes, the board
may adopt a resolution of intent to acquire such other land for the township.
Any resolution adopted pursuant to this subsection shall be published at least once each
week for two consecutive weeks in a newspaper of general circulation in the township. If
within 30 days following the date of last publication, a petition signed by at least 5% of the
qualified electors of the township is filed with the county election officer, no land shall be
acquired pursuant to this section unless the question is submitted to and approved by a
majority of the qualified electors of the township voting at an election thereon. Such election
shall be called and held in the manner provided by the general bond law.
(c) If a sufficient petition is not filed or if the question has been submitted and approved
at an election as provided by subsection (b), the board of county commissioners shall acquire,
by purchase or eminent domain, the land described in the resolution of intent. Upon
acquisition of such land, the board of county commissioners shall convey title thereto to the
township. The township shall reimburse the county for all expenses incurred by the county
relating to the acquisition of such land, including notice and election expenses.
(d) No more than three acres of land may be acquired pursuant to this section. Any
land acquired pursuant to this section shall be used for township purposes.
(e) The township board may construct, purchase or lease buildings for township
purposes. The board may join with any corporation, association, society or lodge in the
construction or purchase and use of buildings or land acquired pursuant to this section,
upon such terms and conditions as may be agreed upon by such township and corporation,
association, society or lodge.
(f) The township board may issue general obligation bonds of the township to finance
the costs of the acquisition of land and the construction and acquisition of township
buildings. No such bonds shall be issued unless such issuance is submitted to and approved
by a majority of the qualified electors of the township voting at an election called and held
on such issuance. Such election shall be called and held in the manner provided by the
general bond law. The question of issuance of bonds may be submitted at any election held
pursuant to subsection (b).
Sec. 4. K.S.A. 1998 Supp. 19-101a is hereby amended to read as follows: 19-101a. (a)
The board of county commissioners may transact all county business and perform all powers
of local legislation and administration it deems appropriate, subject only to the following
limitations, restrictions or prohibitions:
(1) Counties shall be subject to all acts of the legislature which apply uniformly to all
counties.
(2) Counties may not consolidate or alter county boundaries.
(3) Counties may not affect the courts located therein.
(4) Counties shall be subject to acts of the legislature prescribing limits of indebtedness.
(5) In the exercise of powers of local legislation and administration authorized under
provisions of this section, the home rule power conferred on cities to determine their local
affairs and government shall not be superseded or impaired without the consent of the
governing body of each city within a county which may be affected.
(6) Counties may not legislate on social welfare administered under state law enacted
pursuant to or in conformity with public law No. 271--74th congress, or amendments
thereof.
(7) Counties shall be subject to all acts of the legislature concerning elections, election
commissioners and officers and their duties as such officers and the election of county
officers.
(8) Counties shall be subject to the limitations and prohibitions imposed under K.S.A.
12-187 to 12-195, inclusive, and amendments thereto, prescribing limitations upon the levy
of retailers' sales taxes by counties.
(9) Counties may not exempt from or effect changes in statutes made nonuniform in
application solely by reason of authorizing exceptions for counties having adopted a charter
for county government.
(10) No county may levy ad valorem taxes under the authority of this section upon real
property located within any redevelopment area established under the authority of K.S.A.
12-1772, and amendments thereto, unless the resolution authorizing the same specifically
authorized a portion of the proceeds of such levy to be used to pay the principal of and
interest upon bonds issued by a city under the authority of K.S.A. 12-1774, and amendments
thereto.
(11) Counties shall have no power under this section to exempt from any statute
authorizing or requiring the levy of taxes and providing substitute and additional provisions
on the same subject, unless the resolution authorizing the same specifically provides for a
portion of the proceeds of such levy to be used to pay a portion of the principal and interest
on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto.
(12) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-
4601 to 19-4625, inclusive, and amendments thereto.
(13) Except as otherwise specifically authorized by K.S.A. 12-1,101 to 12-1,109,
inclusive, and amendments thereto, counties may not levy and collect taxes on incomes from
whatever source derived.
(14) Counties may not exempt from or effect changes in K.S.A. 19-430, and
amendments thereto. Any charter resolution adopted by a county prior to July 1, 1983,
exempting from or effecting changes in K.S.A. 19-430, and amendments thereto, is null and
void.
(15) Counties may not exempt from or effect changes in K.S.A. 19-302, 19-502b, 19-
503, 19-805 or 19-1202, and amendments thereto.
(16) Counties may not exempt from or effect changes in K.S.A. 13-13a26, and
amendments thereto. Any charter resolution adopted by a county, prior to the effective date
of this act, exempting from or effecting changes in K.S.A. 13-13a26, and amendments
thereto, is null and void.
(17) Counties may not exempt from or effect changes in K.S.A. 71-301, and
amendments thereto. Any charter resolution adopted by a county, prior to the effective date
of this act, exempting from or effecting changes in K.S.A. 71-301, and amendments thereto,
is null and void.
(18) Counties may not exempt from or effect changes in K.S.A. 19-15,139, 19-15,140
and 19-15,141, and amendments thereto. Any charter resolution adopted by a county prior
to the effective date of this act, exempting from or effecting changes in such sections is null
and void.
(19) Counties may not exempt from or effect changes in the provisions of K.S.A. 12-
1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and 12-1226, and amendments thereto, or
the provisions of K.S.A. 1998 Supp. 12-1260 to 12-1270, inclusive, and amendments thereto,
and 12-1276, and amendments thereto.
(20) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-
211, and amendments thereto.
(21) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-
4001 to 19-4015, inclusive, and amendments thereto.
(22) Counties may not regulate the production or drilling of any oil or gas well in any
manner which would result in the duplication of regulation by the state corporation
commission and the Kansas department of health and environment pursuant to chapter 55
and chapter 65 of the Kansas Statutes Annotated and any rules and regulations adopted
pursuant thereto. Counties may not require any license or permit for the drilling or
production of oil and gas wells. Counties may not impose any fee or charge for the drilling
or production of any oil or gas well.
(23) Counties may not exempt from or effect changes in K.S.A. 79-41a04, and
amendments thereto.
(24) Counties may not exempt from or effect changes in K.S.A. 79-1611, and
amendments thereto.
(25) Counties may not exempt from or effect changes in K.S.A. 79-1494, and
amendments thereto.
(26) Counties may not exempt from or effect changes in subsection (b) of K.S.A. 19-
202, and amendments thereto.
(27) Counties may not exempt from or effect changes in subsection (b) of K.S.A. 19-
204, and amendments thereto.
(28) Counties may not levy or impose an excise, severance or any other tax in the nature
of an excise tax upon the physical severance and production of any mineral or other material
from the earth or water. Any resolution adopted by any county prior to the effective date
of this act imposing or levying any such tax is null and void.
(29) Counties may not exempt from or effect changes in K.S.A. 79-2017 or 79-2101,
and amendments thereto. Any charter resolution adopted prior to the effective date of this
act, which affected the provisions of K.S.A. 79-2017 or 79-2101, and amendments thereto,
is hereby declared to be null and void.
(30) Counties may not exempt from or effect changes in K.S.A. 2-3302, 2-3305, 2-3307, 17-5904, 17-5908, 47-1219 or 65-171d or K.S.A. 1998 Supp. 2-3318, 17-5909 or 65-1,178 through 65-1,199, and amendments thereto.
(31) Counties may not exempt from or effect changes in section 3, and amendments thereto.
(b) Counties shall apply the powers of local legislation granted in subsection (a) by
resolution of the board of county commissioners. If no statutory authority exists for such
local legislation other than that set forth in subsection (a) and the local legislation proposed
under the authority of such subsection is not contrary to any act of the legislature, such
local legislation shall become effective upon passage of a resolution of the board and
publication in the official county newspaper. If the legislation proposed by the board under
authority of subsection (a) is contrary to an act of the legislature which is applicable to the
particular county but not uniformly applicable to all counties, such legislation shall become
effective by passage of a charter resolution in the manner provided in K.S.A. 19-101b, and
amendments thereto.'';
By renumbering sections accordingly;
Also on page 2, in line 26, following ``Supp.'' by inserting ``19-101a, 19-101i and'';
In the title, by striking all in lines 12, 13 and 14 and inserting: ``AN ACT concerning
certain municipalities; relating to the powers and duties of the governing bodies thereof;
amending K.S.A. 68-102a and K.S.A. 1998 Supp. 19-101a and 68-102 and repealing the
existing sections; also repealing K.S.A. 1998 Supp. 19-101i.''; and SB 273 be passed as
amended.
Committee report to HB 2530 be adopted; also, on motion of Rep. Bethell be amended
on page 4, after line 43, by inserting a new section to read as follows:
``New Sec. 4. For all taxable years commencing after December 31, 1997, there shall
be allowed as a credit against the tax liability of a taxpayer imposed under the Kansas income
tax act, an amount equal to the total amount of property tax levied for property tax year
1998, and all such years thereafter, actually and timely paid by the taxpayer which is
attributable to the working interest of an oil lease the average daily production per well
from which is 15 barrels or less, or a natural gas lease the average daily production per well
from which is 90 mcf or less. No credit shall be allowed for property tax paid upon machinery
and equipment attributable to the working interest for which a credit is claimed pursuant
to K.S.A. 1998 Supp. 79-32,206, and amendments thereto. If the amount of such tax credit
exceeds the taxpayer's income tax liability for the taxable year, the amount thereof which
exceeds such tax liability shall be refunded to the taxpayer. If the taxpayer is a corporation
having an election in effect under subchapter S of the federal internal revenue code, a
partnership or a limited liability company, the credit provided by this section shall be claimed
by the shareholders of such corporation, the partners of such partnership or the members
of such limited liability company in the same manner as such shareholders, partners and
members account for their proportionate shares of the income or loss of the corporation,
partnership or limited liability company unless an election is made and filed with the Kansas
department of revenue by any such corporation, partnership or company to have such credit
to be claimed otherwise by a shareholder, partner or member thereof.'';
On page 5, in line 1, after ``of'' by inserting ``sections 1 through 3 of''; in line 6, by striking
``statute book'' and inserting ``Kansas register'';
By renumbering existing sections accordingly;
In the title, in line 10, by striking all after the first ``concerning''; in line 11, by striking
``program'' and inserting ``income taxation; relating to certain credits therefrom''; and HB 2530 be passed as amended.
Committee report recommending a substitute bill to Sub. HB 2505 be adopted; also, on
motion of Rep. Sloan be amended on page 7, following line 43, by inserting:
``New Sec. 6. (a) As an alternative to the procedure contained in K.S.A. 82a-630, and
amendments thereto, the owners of land located in a rural water district who desire for their
land to be released from such district and attached to a different district may proceed in
accordance with this section. A petition to release such land shall be filed with the board of
directors of the district in which such land is located. The petition shall:
(1) Describe the land sought to be released;
(2) state the name and number of the rural water district to which the owners seek to
have such land attached; and
(3) state that such release is sought conditioned upon the attachment thereof by such
other rural water district.
Such petition shall be signed by at least 75% of the owners of the land affected. The
ownership shall be determined by an enumeration of landowners taken from the tax rolls
of the county in which the land is located.
Within 30 days of receipt of such petition the board of directors of the district shall call
and hold a hearing on the advisability of granting such petition. The board shall give notice
of such hearing in the same manner provided by K.S.A. 82a-640, and amendments thereto.
On the date of such hearing, the board shall approve or disapprove such release based on
its determination of the best interests of the district and the petitioning landowners.
(b) Following approval of such petition for release, a petition for attachment of such
lands shall be filed with the board of directors of the district to which such land is sought
to be attached. The petition shall:
(1) Describe the land sought to be attached;
(2) request that the owners thereof seek to have such land attached to the district; and
(3) have attached to it a copy of the approval of release of such land by the board of
directors of the district in which such land was conditionally released. Such petition shall
be signed by at least 75% of the owners of the land affected. Ownership shall be determined
by an enumeration of landowners taken from the tax rolls of the county in which the land
is located.
Within 30 days of receipt of such petition the board of directors of the district shall call
and hold a hearing on the advisability of granting such petition. Notice of such hearing shall
be provided in the manner provided by K.S.A. 82a-640, and amendments thereto, by the
board of directors. On the date of such hearing, the board shall approve or disapprove such
attachment based on its determination of the best interests of the district and the petitioning
landowners. If the board does not approve of such attachment, it shall notify the district
from which release had been sought, which district shall then declare such release to be
void.
(c) If the district to which release is sought approves of the release of such lands and
the district to which attachment is sought approves of attachment of such lands, copies of
the approval of such action by the boards of directors of each district shall be transmitted
to the chief engineer. Copies also shall be filed with the county clerk, who shall note the
change of such district's boundaries.
(d) Nothing in this section shall be construed as limiting landowners from using the
procedures for attachment or release of property otherwise provided in K.S.A. 82a-622 et seq., and amendments thereto.'';
By renumbering sections accordingly;
In the title, by striking all in lines 9 through 12 and inserting:
``AN ACT concerning certain special benefit districts; relating to the formation thereof;
relating to the transfer of territory thereof; amending K.S.A. 1998 Supp. 19-101a and
repealing the existing section; also repealing K.S.A. 1998 Supp. 19-101i.''; and Sub. HB 2505 be passed as amended.
HR 6015 be passed over and retain a place on the calendar.
On motion of Rep. Wilk HB 2489 be amended on page 1, following line 14, by inserting
a new section to read as follows:
``Section 1. K.S.A. 46-1109 is hereby amended to read as follows: 46-1109. (a) In
addition to other additional audits which the legislative post audit committee may direct,
such committee may direct the audit of any state agency or agencies when so requested in
writing by the governor or any member or committee of the legislature. Any such written
request shall specify the desired object of the audit requested and the reasons therefor. In
directing the post auditor to make any such requested additional audit of a state agency or
agencies, the legislative post audit committee may modify the object and direct the details
of the audit to be performed.
(b) In accordance with this subsection, the legislative post audit committee may reimburse travel mileage expense incurred by a member of the legislature to attend a meeting of the legislative post audit committee for the presentation of the report of a performance audit or other audit work that was requested by such member of the legislature and performed at the direction of the legislative post audit committee. The reimbursement for such travel mileage expense shall be for each mile actually traveled by the usual route in going to and returning from the meeting of the legislative post audit committee at the rate fixed under K.S.A. 75-3203a, and amendments thereto, and shall be subject to any restrictions or limitations prescribed by rules adopted by the legislative post audit committee. In the case of a performance audit or other audit work that was requested by any standing, special, select or joint committee of the legislature, the legislative post audit committee may reimburse travel mileage expense incurred by not more than two members of such committee and not more than one member of any political party. No travel mileage expense shall be reimbursed under this subsection for attendance at a legislative post audit committee meeting held during the time that the legislature is in session, unless the legislature has adjourned for a period of more than two days.'';
And by renumbering sections accordingly;
On page 2, in line 36, by striking ``lesser'' and inserting ``lowest''; in line 41, by striking
``appropriations'' and inserting ``appropriation'';
On page 5, in line 2, following ``K.S.A.'' by inserting ``46-1109,''; in line 5, by striking
``statute book'' and inserting ``Kansas register'';
In the title, in line 9, by striking ``the secretary of administration'' and inserting ``expense
allowances for official travel''; in line 10, following ``rates'' by inserting ``and authorization'';
in line 11, preceding ``75-3203'' by inserting ``46-1109,''; and HB 2489 be passed as
amended.
On motion of Rep. Phill Kline SB 186 be amended on page 2, following line 17, by
inserting a new section as follow:
``Sec. 2. K.S.A. 1998 Supp. 12-105b is hereby amended to read as follows: 12-105b. (a)
All claims against a municipality must be presented in writing with a full account of the
items, and no claim shall be allowed except in accordance with the provisions of this section.
A claim may be the usual statement of account of the vendor or party rendering a service
or other written statement showing the required information.
(b) Claims for salaries or wages of officers or employees need not be signed by the
officer or employee if a payroll claim is certified to by the administrative head of a
department or group of officers or employees or an authorized representative that the
salaries or wages stated therein were contracted or incurred for the municipality under
authority of law, that the amounts claimed are correct, due and unpaid and that the amounts
are due as salaries and wages for services performed by the person named.
(c) No costs shall be recovered against a municipality in any action brought against it
for any claims allowed in part unless the recovery shall be for a greater sum than the amount
allowed, with the interest due. Subject to the terms of applicable insurance contracts,
judgments and settlements obtained for claims recoverable pursuant to the Kansas tort
claims act shall be presented for payment in accordance with this section or in such manner
as the governing body may designate.
(d) Any person having a claim against a municipality which could give rise to an action
brought under the Kansas tort claims act shall file a written notice as provided in this
subsection before commencing such action. The notice shall be filed with the clerk or
governing body of the municipality and shall contain the following: (1) The name and address
of the claimant and the name and address of the claimant's attorney, if any; (2) a concise
statement of the factual basis of the claim, including the date, time, place and circumstances
of the act, omission or event complained of; (3) the name and address of any public officer
or employee involved, if known; (4) a concise statement of the nature and the extent of the
injury claimed to have been suffered; and (5) a statement of the amount of monetary
damages that is being requested. In the filing of a notice of claim, substantial compliance
with the provisions and requirements of this subsection shall constitute valid filing of a claim.
The contents of such notice shall not be admissible in any subsequent action arising out of
the claim. Once notice of the claim is filed, no action shall be commenced until after the
claimant has received notice from the municipality that it has denied the claim or until after
120 days has passed following the filing of the notice of claim, whichever occurs first. A
claim is deemed denied if the municipality fails to approve the claim in its entirety within
120 days unless the interested parties have reached a settlement before the expiration of
that period. No person may initiate an action against a municipality unless the claim has
been denied in whole or part. Any action brought pursuant to the Kansas tort claims act
shall be commenced within the time period provided for in the code of civil procedure or
it shall be forever barred, except that, if compliance with the provisions of this subsection
would otherwise result in the barring of an action, such time period shall be extended by
the time period required for compliance with the provisions of this subsection.
(e) Claims against a municipality which provide for a discount for early payment or for
the assessment of a penalty for late payment may be authorized to be paid in advance of
approval thereof by the governing body in accordance with the provisions of this subsection.
The governing body may designate and authorize one or more of its officers or employees
to pay any such claim made against the municipality in advance of its presentation to and
approval by the governing body if payment of the amount of such claim is required before
the next scheduled regular meeting of the governing body in order for the municipality to
benefit from the discount provided for early payment or to avoid assessment of the penalty
for late payment. Any officer or employee authorized to pay claims under this subsection
shall keep an accurate record of all moneys paid and the purpose for which expended, and
shall submit the record to the governing body at the next meeting thereof. Payments of
claims by an officer or employee of the municipality under authority of this subsection are
valid to the same extent as if the claims had been approved and ordered to be paid by the
governing body.
(f) When an employee is required to travel on behalf of a municipality, the employee
shall be entitled, upon complying with the provisions of the municipality's policies and
regulations on employee travel, to timely payment of subsistence allowances and
reimbursement for transportation and other related travel expenses incurred by the
employee while on an approved travel status. When reimbursement through the regular
claims approval process of the municipality will require more than 15 days from the date
the reimbursement claim is filed, the claim may be authorized to be paid in advance of
approval thereof by the governing body in accordance with the provisions of this subsection.
The governing body may designate and authorize one or more of its officers or employees
to pay any such claim made against the municipality in advance of its presentation to and
approval by the governing body if payment of the amount of such claim is required before
the next scheduled regular meeting of the governing body. Any officer or employee
authorized to pay claims under this subsection shall keep an accurate record of all moneys
paid and the purpose for which expended, and shall submit the record to the governing
body at the next meeting thereof. Payments of claims by an officer or employee of the
municipality under authority of this subsection are valid to the same extent as if the claims
had been approved and ordered to be paid by the governing body.
(g) Claims submitted by members of a municipality's self-insured health plan may be
authorized to be paid in advance of approval thereof by the governing body. Such claims
shall be submitted to the administrative officer of such insurance plan.
(h) Claims against a school district for the purchase of food or gasoline while students are on a co-curricular or extra-curricular activity outside of the school boundaries may be paid in advance of approval thereof by the governing body in accordance with the provisions of this subsection. The governing body may designate and authorize one or more of its officers or employees to pay any such claim made against the school district in advance of its presentation to and approval by the governing body.
(h)(i) Except as otherwise provided, before any claim is presented to the governing
body or before any claim is paid by any officer or employee of the municipality under
subsection (e) or (f), it shall be audited by the clerk, secretary, manager, superintendent,
finance committee or finance department or other officer or officers charged by law to
approve claims affecting the area of government concerned in the claim, and thereby
approved in whole or in part as correct, due and unpaid.'';
By renumbering sections 2 and 3 as sections 3 and 4, respectively;
Also on page 2, in line 18, by striking ``is'' and inserting ``and K.S.A. 1998 Supp. 12-105b
are'';
In the title, in line 10, after the semicolon, by inserting ``exempting purchases of natural
gas from sealed bid requirements; authorizing payment of certain claims in advance of
approval;''; also in line 10, after ``and'', by inserting ``K.S.A. 1998 Supp. 12-105b and''; in
line 11, by striking ``section'' and inserting ``sections''; Also, on motion of Rep. Shriver to
amend SB 186, the motion did not prevail, and the bill be passed as amended.
Committee report to SB 48 be adopted; and the bill be passed as amended.
Committee report to SB 108 be adopted; and the bill be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Appropriations recommends HB 2016 be amended on page 1, by
striking all in lines 14 through 32 and inserting a new section as follows:
``New Section 1. (a) There is hereby established in the state treasury the lottery
unclaimed prize fund. All moneys credited to the lottery unclaimed prize fund shall be used
for transfers to the state tourism fund as prescribed by this section. No expenditures shall
be made from the lottery unclaimed prize fund except upon specific authorization by act of
the legislature.
(b) Except as otherwise provided in this subsection, upon the expiration of each lottery
game and the end of the period for prize redemption for such game, the executive director
of the lottery shall determine the amount equal to the aggregate amount of any unclaimed
prizes for such expired game and shall certify such amount to the director of accounts and
reports. The aggregate amount certified by the executive director of the lottery under this
subsection for any fiscal year shall not exceed $2,000,000. Upon receipt of each such
certification, the director of accounts and reports shall transfer the amount certified from
the lottery operating fund to the lottery unclaimed prize fund.
(c) On June 25, 2000, and on each June 25 thereafter, the director of accounts and
reports shall transfer all moneys credited to the lottery unclaimed prize fund to the state
tourism fund.'';
By renumbering sections accordingly;
On page 2, in line 22, by striking all following ``tourism''; by striking all in lines 23 through
25; in line 26, by striking all preceding the period; following line 33, by inserting a new
section to read as follows:
``Sec. 3. K.S.A. 74-8720 is hereby amended to read as follows: 74-8720. (a) As nearly
as practical, an amount equal to not less than 45% of the total sales of lottery tickets or
shares, computed on an annual basis, shall be allocated for payment of lottery prizes.
(b) The prize to be paid or awarded for each winning ticket or share shall be paid to
one natural person who is adjudged by the executive director, the director's designee or the
retailer paying the prize, to be the holder of such winning ticket or share, or the person
designated in writing by the holder of the winning ticket or share on a form satisfactory to
the executive director, except that the prize of a deceased winner shall be paid to the duly
appointed representative of the estate of such winner or to such other person or persons
appearing to be legally entitled thereto.
(c) The executive director shall award the designated prize to the holder of the ticket
or share upon the validation of a claim or confirmation of a winning share. The executive
director shall have the authority to make payment for prizes by any means deemed
appropriate upon the validation of winning tickets or shares.
(d) The right of a person to a prize drawn or awarded is not assignable.
(e) All prizes awarded shall be taxed as Kansas source income and shall be subject to
all state and federal income tax laws and rules and regulations. State income taxes shall be
withheld from prizes paid whenever federal income taxes are required to be withheld under
current federal law.
(f) Unclaimed prize money not payable directly by lottery retailers shall be retained for
the period established by rules and regulations and if no claim is made within such period,
then, after transferring the amounts prescribed by section 1 and amendments thereto, the remaining amount of such unclaimed prize money shall be added to the prize pools of
subsequent lottery games.
(g) The state of Kansas, members of the commission and employees of the Kansas
lottery shall be discharged of all further liability upon payment of a prize pursuant to this
section.
(h) The Kansas lottery shall not publicly disclose the identity of any person awarded a
prize except upon written authorization of such person.'';
By renumbering sections accordingly;
Also on page 2, in line 34, by striking ``79-4801'' and inserting ``74-8720'';
On page 1, in the title, in line 9, by striking ``79-4801'' and inserting ``74-8720''; and the
bill be passed as amended.
The Committee on Appropriations recommends HB 2548 be amended on page 2, after
line 22, by inserting the following:
``Sec. 3. As used in this section:
(a) ``West parking lot'' means: A tract of land in the Southeast Quarter of Section 27
and the Southwest Quarter of Fractional Section 26, Township 11 South, Range 25 East of
the Sixth Principal Meridian in Kansas City, Wyandotte County, Kansas, being more
particularly described as follows:
Commencing at the Southeast corner of said Section 27, said point also being the
Southwest corner of said Fractional Section 26: THENCE South 89° 52' 04" West 18.68
feet, along the South line of said Fractional Section 27; THENCE North 37° 10' 40" West
340.27 feet; THENCE North 26° 02' 37" West 95.94 feet; THENCE North 11° 50' 19"
West 69.03 feet; THENCE North 00° 21' 04" East 111.93 feet; THENCE South 89° 53'
40" East 88.17 feet; THENCE North 85° 44' 47" East 74.42 feet; THENCE North 60° 52'
01" East 61.08 feet; THENCE North 09° 18' 23" East 34.82 feet to a point on the
Southeasterly right-of-way line of 36th Avenue, as now established, and a point on a curve
concave to the South having a radius of 340.00 feet; THENCE Northeasterly 29.08 feet,
along said Southeasterly right-of-way line and said curve; THENCE North 43° 00' 28" East
3.39 feet, along said Southeasterly right-of-way line; THENCE South 01° 44' 25" East 61.07
feet, departing from said right-of-way line; THENCE South 07° 53' 36" East 63.88 feet;
THENCE South 05° 45' 03" East 126.04 feet; THENCE South 02° 32' 11" East 159.70
feet; THENCE South 15° 51' 35" East 16.56 feet; THENCE South 55° 15' 49" East 24.11
feet; THENCE South 87° 54' 32" East 64.98 feet; THENCE South 83° 38' 39" East 120.30
feet; THENCE South 06° 53' 33" West 167.11 feet to a point on the South line of the
Southeast Quarter of said Fractional Section 26; THENCE South 89° 52' 04" West 189.24
feet, along said South line to the Southwest corner of said Fractional Section 26 and the
point of beginning, containing 3.2 acres more or less. SUBJECT TO SURVEY and all
easements and restrictions of record.
(b) ``East parking lot'' means: A tract of land in the Southwest Quarter of Fractional
Section 26, Township 11 South, Range 25 East of the Sixth Principal Meridian in Kansas
City, Wyandotte County, Kansas, being more particularly described as follows:
Commencing at the Southwest corner of said Fractional Section 26, said point also being
the Southeast corner of Section 27, Township 11 South, Range 23 East: THENCE North
89° 52' 04" East 498.04 feet, along the South line of said Fractional Section 26, to the TRUE
POINT OF BEGINNING; THENCE North 00° 07' 56" West 114.76 feet; THENCE North
89° 52' 04" East 23.21 feet; THENCE North 00° 33' 33" East 111.14 feet; THENCE North
01° 19' 24" East 331.54 feet; THENCE North 05° 10' 25" West 53.01 feet; THENCE North
08° 52' 42" West 115.11 feet; THENCE North 05° 22' 21" West 38.90 feet; THENCE
North 02° 40' 12" East 55.93 feet; THENCE North 08° 49' 10" East 49.39 feet; THENCE
North 26° 40' 27" West 29.20 feet; THENCE North 18° 04' 39" East 130.98 feet; THENCE
North 20° 52' 07" East 40.16 feet; THENCE North 39° 36' 45" East 32.58 feet; THENCE
North 61° 53' 31" East 32.13 feet; THENCE North 79° 11' 37" East 51.31 feet to a point
on the West right-of-way line of Eaton Street, as now established, said right-of-way line
being a curve concave to the West having a radius of 1457.50 feet; THENCE Southerly
288.15 feet, along said West right-of-way line and said curve; THENCE South 00° 04' 51"
West 840.21 feet, along said West right-of-way line, to a point on the South line of said
Fractional Section 26; THENCE South 89° 52' 04" West 126.91 feet, along said South line,
to the TRUE POINT OF BEGINNING, containing 2.8 acres, more or less. SUBJECT TO
SURVEY and all easements and restrictions of record.
(c) The secretary of social and rehabilitation services is authorized to convey, without
consideration, to the university of Kansas medical center the property described in
subsections (a) and (b).
(d) The university of Kansas medical center shall maintain in good condition all existing
curbs and gutters to direct surface water away from the property line of the east parking
lot.
(e) The university of Kansas medical center shall pay for and make repairs to the east
parking lot if the rock bluff located on the east parking lot collapses, shifts or becomes
unstable as a result of any capital improvement project for any construction, reconstruction,
maintenance or repair project undertaken on the east parking lot by the university of Kansas
medical center.
(f) The university of Kansas medical center shall grant rainbow mental health facility,
or persons designated by such facility, reasonable access to the east parking lot to make
repairs to the rock bluff located west of the east parking lot resulting from natural causes.
(g) The deeds conveying the real estate described under subsections (a) and (b) shall
be approved by the attorney general and shall be executed by the secretary of social and
rehabilitation services.
(h) The conveyance authorized by this section shall not be subject to the provisions of
K.S.A. 75-3043a, and amendments thereto.
Sec. 4. K.S.A. 76-185 is hereby repealed.'';
And by renumbering sections accordingly;
On page 1, in the title, in line 9, after ``concerning'' by inserting ``transfer and conveyance
of certain real property of the department of social and rehabilitation services;''; in line 11,
before ``amending'' by inserting ``conveyance of certain real property in Wyandotte county;'';
in line 12, before the period, by inserting ``; also repealing K.S.A. 76-185''; and the bill be
passed as amended.
The Committee on Environment recommends SB 132, as amended by Senate
Committee, be amended on page 2, following line 39, by inserting the following:
``Sec. 3. K.S.A. 1998 Supp. 65-34,145 is hereby amended to read as follows: 65-34,145. (a) Each owner of an operating drycleaning facility shall register annually with the
department on a form provided by the department. The registration shall be accompanied by a fee of $100 for each operating drycleaning facility owned by the owner. The secretary shall remit daily the fees paid pursuant to this section to the state treasurer, who shall deposit the entire amount in the state treasury to the credit of the fund.
(b) The owner of a drycleaning facility shall post the owner's registration number, in a manner prescribed by the secretary, in the public area of each operating drycleaning facility owned by the owner.'';
By renumbering sections accordingly;
On page 5, in line 35, by striking ``$2,500'' and inserting ``$5,000''; following line 38, by
inserting the following:
``Sec. 5. K.S.A. 1998 Supp. 65-34,150 is hereby amended to read as follows: 65-34,150.
(a) Subject to the provisions of K.S.A. 1998 Supp. 65-34,152 and amendments thereto, there
is hereby imposed on and after July 1, 1995, an environmental surcharge in the form of a
gross receipts tax for the privilege of engaging in the business of laundering and drycleaning
garments and other household fabrics in this state. The tax shall be at a rate of 2%2.5% of
the gross receipts received from drycleaning or laundering services. The tax shall be paid
by the consumer to the retailer and it shall be the duty of the retailer to collect from the
consumer the full amount of the tax imposed or an amount as nearly as possible or
practicable to the average thereof.
(b) Gross receipts otherwise taxable pursuant to this section shall be exempt from the
tax imposed by this section if they arise from:
(1) Services rendered through a coin-operated device, whether automatic or manually
operated, available for use by the general public;
(2) the laundering without use of drycleaning solvents of uniforms, linens or other
textiles for commercial purposes, including any rental of uniforms, linens or dust control
materials; or
(3) charges or services to entities that qualify for exemption from retailers' sales tax on
laundering and drycleaning services pursuant to K.S.A. 79-3606 and amendments thereto.
(c) The tax imposed by this section shall be imposed on the same tax base as the Kansas
retailers' sales tax and shall be in addition to all other state and local sales or excise taxes.
(d) The secretary of revenue shall remit daily the taxes paid under this act to the state
treasurer, who shall deposit the entire amount in the state treasury to the credit of the fund.
For the purpose of this section, the proceeds of the tax shall include all funds collected and
received by the director of taxation pursuant to this section, including interest and penalties
on delinquent taxes.
(e) Every retailer liable for the payment of taxes imposed by this section shall report
the taxes for the same periods and at the same time as the returns that the retailer files
under the Kansas retailers' sales tax act, as prescribed by K.S.A. 79-3607 and amendments
thereto. Each retailer shall report the tax imposed by this act on a form prescribed by the
secretary of revenue.
(f) All taxes imposed by this section and not paid at or before the time taxes are due
from the retailer under the Kansas retailers' sales tax act shall be deemed delinquent and
shall bear interest at the rate prescribed by subsection (a) of K.S.A. 79-2968 and
amendments thereto from the due date until paid. In addition, there is hereby imposed
upon all amounts of such taxes remaining due and unpaid after the due date a penalty on
the unpaid balance of the taxes due in the amounts and percentages prescribed by K.S.A.
79-3615 and amendments thereto.
(g) Whenever any taxpayer or person liable to pay tax imposed by this section refuses
or neglects to pay the tax, the amount of the tax, including any interest or penalty, shall be
collected in the manner provided by law for collection of delinquent taxes under the Kansas
retailers' sales tax act.
(h) Insofar as not inconsistent with this act, the provisions of the Kansas retailers' sales
tax act shall apply to the tax imposed by this section.
(i) The secretary of revenue is hereby authorized to administer and enforce the
provisions of this section and to adopt such rules and regulations as may be necessary to
carry out the responsibilities of the secretary of revenue under this section.'';
By renumbering sections accordingly;
On page 6, in line 20, by striking all following ``(e)''; by striking all in lines 21 through 24
and inserting ``No person who distributes drycleaning solvent shall sell any such solvent for
use in a drycleaning facility unless such person first obtains the registration number of the
owner of such facility.'';
On page 8, in line 21, preceding ``65-34,146'' by inserting ``65-34,145,''; also in line 21,
following ``65-34,148,'' by inserting ``65-34,150,'';
In the title, in line 11, following ``65-34,144,'' by inserting ``65-34,145,''; in line 12,
preceding ``65-34,151'' by inserting ``65-34,150,''; and the bill be passed as amended.
The Committee on Environment recommends SB 287 be amended by substituting a
new bill to be designated as ``House Substitute for SENATE BILL No. 287,'' as follows:
``HOUSE Substitute for SENATE BILL No. 287
By Committee on Environment
``AN ACT concerning water; relating to review of certain decisions of the chief engineer of
the division of water resources of the department of agriculture; relating to issuance of
certificates of appropriation; establishing the task force on water issues and providing
for the powers and duties thereof; amending K.S.A. 42-703, 42-722, 42-722a, 82a-708b,
82a-711, 82a-714, 82a-718, 82a-724 and 82a-1038 and repealing the existing sections.'';
and the substitute bill be passed.
(H. Sub. for SB 287 was thereupon introduced and read by title.)
The Committee on Insurance recommends SB 121, as amended by Senate Committee,
be passed.
The Committee on Insurance recommends SB 3, as amended by Senate Committee,
be amended on page 2, following line 12, by inserting a new section as follows:
``New Sec. 2. (a) Any individual or group health insurance policy, medical service plan,
contract, hospital service corporation contract, hospital and medical service corporation
contract, fraternal benefit society or health maintenance organization which provides
coverage for accident and health services and which is delivered, issued for delivery,
amended or renewed on or after July 1, 1999, and which provides medical and surgical
benefits with respect to a mastectomy shall provide, in a case of a participant or beneficiary
who is receiving benefits in connection with a mastectomy and who elects breast
reconstruction in connection with such mastectomy, coverage for:
(1) Reconstruction of the breast on which the mastectomy has been performed;
(2) surgery and reconstruction of the other breast to produce a symmetrical appearance;
and
(3) prostheses and physical complications in all stages of mastectomy, including
lymphedemas.
Such coverage shall be provided in a manner determined in consultation with the
attending physician and the patient. Such coverage may be subject to annual deductibles
and coinsurance provisions as may be deemed appropriate and as are consistent with those
established for other benefits under the plan or coverage.
(b) Each individual or group health insurance policy, medical service plan, contract,
hospital service corporation contract, hospital and medical service corporation contract,
fraternal benefit society or health maintenance organization which provides coverage for
accident and health services which provides medical and surgical benefits with respect to a
mastectomy shall provide written notice, as currently required, to all enrollees, insureds or
subscribers regarding the coverage required by this section.
(c) No individual or group health insurance policy, medical service plan, contract,
hospital service corporation contract, hospital and medical service corporation contract,
fraternal benefit society or health maintenance organization which provides coverage for
accident and health services which provides medical and surgical benefits with respect to a
mastectomy shall:
(1) Deny to a patient eligibility, or continued eligibility, to enroll or to renew coverage
under the terms of the plan, solely for the purpose of avoiding the requirements of this
section; and
(2) penalize or otherwise reduce or limit the reimbursement of an attending provider,
or provide incentives (monetary or otherwise) to an attending provider, to induce such
provider to provide care to an individual participant or beneficiary in a manner inconsistent
with this section.
(d) The provisions of this section shall not apply to any policy or certificate which
provides coverage for any specified disease, specified accident or accident only coverage,
credit, dental, disability income, hospital indemnity, long-term care insurance as defined by
K.S.A. 40-2227 and amendments thereto, vision care or any other limited supplemental
benefit nor to any medicare supplement policy of insurance as defined by the commissioner
of insurance by rule and regulation, any coverage issued as a supplement to liability
insurance, workers' compensation or similar insurance, automobile medical-payment
insurance or any insurance under which benefits are payable with or without regard to fault,
whether written on a group, blanket or individual basis.'';
And by renumbering sections accordingly;
Also on page 2, in line 16, after ``40-2,160'', by inserting ``and section 1 and section 2'';
also in line 16, after ``thereto,'', by striking ``and''; in line 17, by striking ``section 1''; in line
34, after ``section 1'', by inserting ``and section 2'';
On page 3, after line 1, by inserting a new section as follows:
``New Sec. 5. (a) After July 1, 1999, in addition to the requirements of K.S.A. 40-2248
and 40-2249, and amendments thereto, any new mandated health insurance coverage for
specific health services, specific diseases or for certain providers of health care services
approved by the legislature shall apply only to the state health care benefits program, K.S.A.
75-6501, et seq., and amendments thereto, for a period of at least one year beginning with
the first anniversary date of the state health care benefits program subsequent to approval
of the mandate by the legislature. On or before March 1, after the one year period for which
the mandate has been applied, the Kansas state employees health care commission shall
submit to the president of the senate and to the speaker of the house of representatives, a
report indicating the impact such mandated coverage has had on the state health care
benefits program, including data on the utilization and costs of such mandated coverage.
Such report shall also include a recommendation whether such mandated coverage should
continue for the state health care benefits program or whether additional utilization and
cost data is required.
(b) The legislature shall periodically review all health insurance coverages mandated by
state law.'';
And by renumbering sections accordingly;
On page 1, in the title, in line 12, before ``amending'', by inserting ``providing coverage
for reconstructive breast surgery; providing requirements for mandated coverages;''; and the
bill be passed as amended.
The Committee on Insurance recommends SB 151, as amended by Senate Committee
of the Whole, be amended on page 3, in line 5, by striking ``like'' and inserting ``life''; and
the bill be passed as amended.
The Committee on Insurance recommends SB 152, as amended by Senate Committee
of the Whole, be amended on page 7, in line 34, by striking ``with or''; in line 35, by striking
all before ``(3)'';
On page 8, in line 36, by striking ``has obtained the'' and inserting ``is covered by an'';
On page 9, in line 8, by striking ``maintain in force'' and inserting ``be covered by''; and
the bill be passed as amended.
The Committee on Insurance recommends SB 291, as amended by Senate Committee,
be amended on page 6, in line 31, by striking ``prior to April''; in line 32, by striking ``28,
1996,''; and the bill be passed as amended.
The Committee on Judiciary recommends SB 181 be amended On page 1, in line 21,
before ``Every'' by inserting ``Every four prior adult convictions of a nonperson felony in
the offender's criminal history, shall be rated as one adult conviction of a person felony for
criminal history purposes.'';
On page 3, before line 2 by inserting:
``Sec. 2. K.S.A. 1998 Supp. 21-4310 is hereby amended to read as follows: 21-4310. (a)
Cruelty to animals is:
(1) Intentionally killing, injuring, maiming, torturing, burning or mutilating or causing serious physical injury to any animal;
(2) abandoning or leaving any animal in any place without making provisions for its
proper care;
(3) having physical custody of any animal and failing to provide such food, potable water,
protection from the elements, opportunity for exercise and other care as is needed for the
health or well-being of such kind of animal; or
(4) intentionally using a wire, pole, stick, rope or any other object to cause an equine
to lose its balance or fall, for the purpose of sport or entertainment.; or
(5) intentionally causing any physical injury other than serious physical injury to any animal.
(b) The provisions of this section shall not apply to:
(1) Normal or accepted veterinary practices;
(2) bona fide experiments carried on by commonly recognized research facilities;
(3) killing, attempting to kill, trapping, catching or taking of any animal in accordance
with the provisions of chapter 32 or chapter 47 of the Kansas Statutes Annotated;
(4) rodeo practices accepted by the rodeo cowboys' association;
(5) the humane killing of an animal which is diseased or disabled beyond recovery for
any useful purpose, or the humane killing of animals for population control, by the owner
thereof or the agent of such owner residing outside of a city or the owner thereof within a
city if no animal shelter, pound or licensed veterinarian is within the city, or by a licensed
veterinarian at the request of the owner thereof, or by any officer or agent of an incorporated
humane society, the operator of an animal shelter or pound, a local or state health officer
or a licensed veterinarian three business days following the receipt of any such animal at
such society, shelter or pound;
(6) with respect to farm animals, normal or accepted practices of animal husbandry;
(7) the killing of any animal by any person at any time which may be found outside of
the owned or rented property of the owner or custodian of such animal and which is found
injuring or posing a threat to any person, farm animal or property;
(8) an animal control officer trained by a licensed veterinarian in the use of a tranquilizer
gun, using such gun with the appropriate dosage for the size of the animal, when such
animal is vicious or could not be captured after reasonable attempts using other methods;
or
(9) laying an equine down for medical or identification purposes.
(c) As used in this section, ''equine`` means a horse, pony, mule, jenny, donkey or hinny.
(d) (1) Cruelty to animals as described in subsection (a)(1) is a nonperson felony. Upon conviction of cruelty to animals as described in subsection (a)(1), a person shall be sentenced to not less than 30 days nor more than one year's imprisonment and fined not less than $100.
(2) Cruelty to animals as described in subsections (a)(2), (a)(3), (a)(4) and (a)(5) is a
class A nonperson misdemeanor.
Sec. 3. K.S.A. 1998 Supp. 21-4704 is hereby amended to read as follows: 21-4704. (a)
For purposes of sentencing, the following sentencing guidelines grid for nondrug crimes
shall be applied in felony cases for crimes committed on or after July 1, 1993:
(b) The provisions of this section shall be applicable to the sentencing guidelines grid
for nondrug crimes. Sentences expressed in such grid represent months of imprisonment.
(c) The sentencing guidelines grid is a two-dimensional crime severity and criminal
history classification tool. The grid's vertical axis is the crime severity scale which classifies
current crimes of conviction. The grid's horizontal axis is the criminal history scale which
classifies criminal histories.
(d) The sentencing guidelines grid for nondrug crimes as provided in this section defines
presumptive punishments for felony convictions, subject to judicial discretion to deviate for
substantial and compelling reasons and impose a different sentence in recognition of
aggravating and mitigating factors as provided in this act. The appropriate punishment for
a felony conviction should depend on the severity of the crime of conviction when compared
to all other crimes and the offender's criminal history.
(e) (1) The sentencing court has discretion to sentence at any place within the
sentencing range. The sentencing judge shall select the center of the range in the usual case
and reserve the upper and lower limits for aggravating and mitigating factors insufficient to
warrant a departure.
(2) In presumptive imprisonment cases, the sentencing court shall pronounce the
complete sentence which shall include the prison sentence, the maximum potential
reduction to such sentence as a result of good time and the period of postrelease supervision
at the sentencing hearing. Failure to pronounce the period of postrelease supervision shall
not negate the existence of such period of postrelease supervision.
(3) In presumptive nonprison cases, the sentencing court shall pronounce the prison
sentence as well as the duration of the nonprison sanction at the sentencing hearing.
(f) Each grid block states the presumptive sentencing range for an offender whose crime
of conviction and criminal history place such offender in that grid block. If an offense is
classified in a grid block below the dispositional line, the presumptive disposition shall be
nonimprisonment. If an offense is classified in a grid block above the dispositional line, the
presumptive disposition shall be imprisonment. If an offense is classified in grid blocks 5-
H, 5-I or 6-G, the court may impose an optional nonprison sentence upon making the
following findings on the record:
(1) An appropriate treatment program exists which is likely to be more effective than
the presumptive prison term in reducing the risk of offender recidivism; and
(2) the recommended treatment program is available and the offender can be admitted
to such program within a reasonable period of time; or
(3) the nonprison sanction will serve community safety interests by promoting offender
reformation.
Any decision made by the court regarding the imposition of an optional nonprison
sentence if the offense is classified in grid blocks 5-H, 5-I or 6-G shall not be considered a
departure and shall not be subject to appeal.
(g) The sentence for the violation of K.S.A. 21-3411, aggravated assault against a law
enforcement officer or K.S.A. 21-3415, aggravated battery against a law enforcement officer
and amendments thereto which places the defendant's sentence in grid block 6-H or 6-I
shall be presumed imprisonment. The court may impose an optional nonprison sentence
upon making a finding on the record that the nonprison sanction will serve community
safety interests by promoting offender reformation. Any decision made by the court
regarding the imposition of the optional nonprison sentence, if the offense is classified in
grid block 6-H or 6-I, shall not be considered departure and shall not be subject to appeal.
(h) When a firearm is used to commit any person felony, the offender's sentence shall
be presumed imprisonment. The court may impose an optional nonprison sentence upon
making a finding on the record that the nonprison sanction will serve community safety
interests by promoting offender reformation. Any decision made by the court regarding the
imposition of the optional nonprison sentence shall not be considered a departure and shall
not be subject to appeal.
(i) The sentence for the violation of the felony provision of K.S.A. 8-1567 and,
subsection (b) of K.S.A. 21-3705 and subsection (a)(1) of K.S.A. 21-4310, and amendments
thereto shall be as provided by the specific mandatory sentencing requirements of that
section and shall not be subject to the provisions of this section or K.S.A. 21-4707 and
amendments thereto. Notwithstanding the provisions of any other section, the term of
imprisonment imposed for the violation of the felony provision of K.S.A. 8-1567 and,
subsection (b) of K.S.A. 21-3705 and subsection (a)(1) of K.S.A. 21-4310, and amendments
thereto shall not be served in a state facility in the custody of the secretary of corrections.
(j) The sentence for any persistent sex offender whose current convicted crime carries
a presumptive term of imprisonment shall be double the maximum duration of the
presumptive imprisonment term. The sentence for any persistent sex offender whose current
conviction carries a presumptive nonprison term shall be presumed imprisonment and shall
be double the maximum duration of the presumptive imprisonment term. Except as
otherwise provided in this subsection, as used in this subsection, ''persistent sex offender``
means a person who: (1) Has been convicted in this state of a sexually violent crime, as
defined in K.S.A. 22-3717 and amendments thereto; and (2) at the time of the conviction
under subsection (1) has at least one conviction for a sexually violent crime, as defined in
K.S.A. 22-3717 and amendments thereto in this state or comparable felony under the laws
of another state, the federal government or a foreign government. The provisions of this
subsection shall not apply to any person whose current convicted crime is a severity level 1
or 2 felony.
(k) If it is shown at sentencing that the offender committed any felony violation for the
benefit of, at the direction of, or in association with any criminal street gang, with the specific
intent to promote, further or assist in any criminal conduct by gang members, the offender's
sentence shall be presumed imprisonment. Any decision made by the court regarding the
imposition of the optional nonprison sentence shall not be considered a departure and shall
not be subject to appeal. As used in this subsection, ''criminal street gang`` means any
organization, association or group of three or more persons, whether formal or informal,
having as one of its primary activities the commission of one or more person felonies or
felony violations of the uniform controlled substances act, K.S.A. 65-4101 et seq., and
amendments thereto, which has a common name or common identifying sign or symbol,
whose members, individually or collectively engage in or have engaged in the commission,
attempted commission, conspiracy to commit or solicitation of two or more person felonies
or felony violations of the uniform controlled substances act, K.S.A. 65-4101 et seq., and
amendments thereto, or any substantially similar offense from another jurisdiction.'';
By renumbering sections accordingly;
Also on page 3, in line 2, after ``Supp.'' by inserting ``21-4310, 21-4704 and''; also in line
2, by striking ``is'' and inserting ``are'';
On page 1, in the title, in line 10, after ``convictions;'' by inserting ``cruelty to animals;'';
in line 11, after ``Supp.'' by inserting ``21-4310, 21-4704 and''; in line 12, by striking ``section''
and inserting ``sections''; and the bill be passed as amended.
The Committee on Judiciary recommends SB 205, as amended by Senate Committee,
be amended on page 1, in line 39, by striking ``: (A) The board determines'' and inserting
``a 2/3 majority of the board members present and voting on such application determine''; in
line 42, by striking all after ``trust''; by striking all in line 43;
On page 2, in line 1, by striking all before the period;
On page 5, after line 32, by inserting the following:
``(dd) The licensee has failed to make a report as required pursuant to K.S.A. 38-1522,
and amendments thereto.
Sec. 2. K.S.A. 1998 Supp. 12-4516 is hereby amended to read as follows: 12-4516.
(a) (1) Except as provided in subsection (b), any person who has been convicted of a
violation of a city ordinance of this state may petition the convicting court for the
expungement of such conviction and related arrest records if three or more years have
elapsed since the person:
(A) Satisfied the sentence imposed; or
(B) was discharged from probation, parole or a suspended sentence.
(2) Except as provided in subsection (b), any person who has fulfilled the terms of a
diversion agreement based on a violation of a city ordinance of this state may petition the
court for the expungement of such diversion agreement and related arrest records if three
or more years have elapsed since the terms of the diversion agreement were fulfilled.
(b) No person may petition for expungement until five or more years have elapsed since
the person satisfied the sentence imposed or the terms of a diversion agreement or was
discharged from probation, parole, conditional release or a suspended sentence, if such
person was convicted of the violation of a city ordinance which would also constitute:
(1) Vehicular homicide, as defined by K.S.A. 21-3405, and amendments thereto;
(2) a violation of K.S.A. 8-1567, and amendments thereto;
(3) driving while the privilege to operate a motor vehicle on the public highways of this
state has been canceled, suspended or revoked, as prohibited by K.S.A. 8-262, and
amendments thereto;
(4) perjury resulting from a violation of K.S.A. 8-261a, and amendments thereto;
(5) a violation of the provisions of the fifth clause of K.S.A. 8-142, and amendments
thereto, relating to fraudulent applications;
(6) any crime punishable as a felony wherein a motor vehicle was used in the
perpetration of such crime;
(7) failing to stop at the scene of an accident and perform the duties required by K.S.A.
8-1602, 8-1603 or 8-1604, and amendments thereto;
(8) a violation of the provisions of K.S.A. 40-3104, and amendments thereto, relating to
motor vehicle liability insurance coverage; or
(9) a violation of K.S.A. 21-3405b, and amendments thereto.
(c) When a petition for expungement is filed, the court shall set a date for a hearing of
such petition and shall cause notice of such hearing to be given to the prosecuting attorney
and the arresting law enforcement agency. The petition shall state: (1) The defendant's full
name;
(2) the full name of the defendant at the time of arrest, conviction or diversion, if
different than the defendant's current name;
(3) the defendant's sex, race and date of birth;
(4) the crime for which the defendant was arrested, convicted or diverted;
(5) the date of the defendant's arrest, conviction or diversion; and
(6) the identity of the convicting court, arresting law enforcement agency or diverting
authority. A municipal court may prescribe a fee to be charged as costs for a person
petitioning for an order of expungement pursuant to this section. Any person who may have
relevant information about the petitioner may testify at the hearing. The court may inquire
into the background of the petitioner and shall have access to any reports or records relating
to the petitioner that are on file with the secretary of corrections or the Kansas parole board.
(d) At the hearing on the petition, the court shall order the petitioner's arrest record,
conviction or diversion expunged if the court finds that:
(1) The petitioner has not been convicted of a felony in the past two years and no
proceeding involving any such crime is presently pending or being instituted against the
petitioner;
(2) the circumstances and behavior of the petitioner warrant the expungement; and
(3) the expungement is consistent with the public welfare.
(e) When the court has ordered an arrest record, conviction or diversion expunged, the
order of expungement shall state the information required to be contained in the petition.
The clerk of the court shall send a certified copy of the order of expungement to the Kansas
bureau of investigation which shall notify the federal bureau of investigation, the secretary
of corrections and any other criminal justice agency which may have a record of the arrest,
conviction or diversion. After the order of expungement is entered, the petitioner shall be
treated as not having been arrested, convicted or diverted of the crime, except that:
(1) Upon conviction for any subsequent crime, the conviction that was expunged may
be considered as a prior conviction in determining the sentence to be imposed;
(2) the petitioner shall disclose that the arrest, conviction or diversion occurred if asked
about previous arrests, convictions or diversions:
(A) In any application for employment as a detective with a private detective agency,
as defined by K.S.A. 75-7b01, and amendments thereto; as security personnel with a private
patrol operator, as defined by K.S.A. 75-7b01, and amendments thereto; or with an
institution, as defined in K.S.A. 76-12a01, and amendments thereto, of the department of
social and rehabilitation services;
(B) in any application for admission, or for an order of reinstatement, to the practice of
law in this state;
(C) to aid in determining the petitioner's qualifications for employment with the Kansas
lottery or for work in sensitive areas within the Kansas lottery as deemed appropriate by
the executive director of the Kansas lottery;
(D) to aid in determining the petitioner's qualifications for executive director of the
Kansas racing commission, for employment with the commission or for work in sensitive
areas in parimutuel racing as deemed appropriate by the executive director of the
commission, or to aid in determining qualifications for licensure or renewal of licensure by
the commission;
(E) upon application for a commercial driver's license under K.S.A. 8-2,125 through 8-
2,142, and amendments thereto;
(F) to aid in determining the petitioner's qualifications to be an employee of the state
gaming agency;
(G) to aid in determining the petitioner's qualifications to be an employee of a tribal
gaming commission or to hold a license issued pursuant to a tribal-state gaming compact; or
(H) in any application for registration as a broker-dealer, agent, investment adviser or
investment adviser representative all as defined in K.S.A. 17-1252 and amendments thereto; or
(I) in any application for an original, renewal, or reinstated license or registration to practice any profession regulated by the state board of healing arts.
(3) the court, in the order of expungement, may specify other circumstances under
which the arrest, conviction or diversion is to be disclosed; and
(4) the conviction may be disclosed in a subsequent prosecution for an offense which
requires as an element of such offense a prior conviction of the type expunged.
(f) Whenever a person is convicted of an ordinance violation, pleads guilty and pays a
fine for such a violation, is placed on parole or probation or is granted a suspended sentence
for such a violation, the person shall be informed of the ability to expunge the arrest records
or conviction. Whenever a person enters into a diversion agreement, the person shall be
informed of the ability to expunge the diversion.
(g) Subject to the disclosures required pursuant to subsection (e), in any application for
employment, license or other civil right or privilege, or any appearance as a witness, a person
whose arrest records, conviction or diversion of an offense has been expunged under this
statute may state that such person has never been arrested, convicted or diverted of such
offense.
(h) Whenever the record of any arrest, conviction or diversion has been expunged under
the provisions of this section or under the provisions of any other existing or former statute,
the custodian of the records of arrest, conviction, diversion and incarceration relating to that
crime shall not disclose the existence of such records, except when requested by:
(1) The person whose record was expunged;
(2) a private detective agency or a private patrol operator, and the request is
accompanied by a statement that the request is being made in conjunction with an
application for employment with such agency or operator by the person whose record has
been expunged;
(3) a court, upon a showing of a subsequent conviction of the person whose record has
been expunged;
(4) the secretary of social and rehabilitation services, or a designee of the secretary, for
the purpose of obtaining information relating to employment in an institution, as defined
in K.S.A. 76-12a01, and amendments thereto, of the department of social and rehabilitation
services of any person whose record has been expunged;
(5) a person entitled to such information pursuant to the terms of the expungement
order;
(6) a prosecuting attorney, and such request is accompanied by a statement that the
request is being made in conjunction with a prosecution of an offense that requires a prior
conviction as one of the elements of such offense;
(7) the supreme court, the clerk or disciplinary administrator thereof, the state board
for admission of attorneys or the state board for discipline of attorneys, and the request is
accompanied by a statement that the request is being made in conjunction with an
application for admission, or for an order of reinstatement, to the practice of law in this
state by the person whose record has been expunged;
(8) the Kansas lottery, and the request is accompanied by a statement that the request
is being made to aid in determining qualifications for employment with the Kansas lottery
or for work in sensitive areas within the Kansas lottery as deemed appropriate by the
executive director of the Kansas lottery;
(9) the governor or the Kansas racing commission, or a designee of the commission,
and the request is accompanied by a statement that the request is being made to aid in
determining qualifications for executive director of the commission, for employment with
the commission, for work in sensitive areas in parimutuel racing as deemed appropriate by
the executive director of the commission or for licensure, renewal of licensure or continued
licensure by the commission;
(10) the state gaming agency, and the request is accompanied by a statement that the
request is being made to aid in determining qualifications: (A) To be an employee of the
state gaming agency; or (B) to be an employee of a tribal gaming commission or to hold a
license issued pursuant to a tribal-state gaming compact; or
(11) the Kansas securities commissioner, or a designee of the commissioner, and the
request is accompanied by a statement that the request is being made in conjunction with
an application for registration as a broker-dealer, agent, investment adviser or investment
adviser representative by such agency and the application was submitted by the person
whose record has been expunged.; or
(12) the state board of healing arts, and the request is accompanied by a statement that the request is made to determine licensure or registration qualifications to practice any profession regulated by the board.
Sec. 3. K.S.A. 1998 Supp. 21-4619 is hereby amended to read as follows: 21-4619.
(a) (1) Except as provided in subsections (b) and (c), any person convicted in this state of
a traffic infraction, cigarette or tobacco infraction, misdemeanor or a class D or E felony,
or for crimes committed on or after July 1, 1993, nondrug crimes ranked in severity levels
6 through 10 or any felony ranked in severity level 4 of the drug grid, may petition the
convicting court for the expungement of such conviction or related arrest records if three
or more years have elapsed since the person: (A) Satisfied the sentence imposed; or (B) was
discharged from probation, a community correctional services program, parole, postrelease
supervision, conditional release or a suspended sentence.
(2) Except as provided in subsections (b) and (c), any person who has fulfilled the terms
of a diversion agreement may petition the district court for the expungement of such
diversion agreement and related arrest records if three or more years have elapsed since
the terms of the diversion agreement were fulfilled.
(b) Except as provided in subsection (c), no person may petition for expungement until
five or more years have elapsed since the person satisfied the sentence imposed, the terms
of a diversion agreement or was discharged from probation, a community correctional
services program, parole, postrelease supervision, conditional release or a suspended
sentence, if such person was convicted of a class A, B or C felony, or for crimes committed
on or after July 1, 1993, if convicted of an off-grid felony or any nondrug crime ranked in
severity levels 1 through 5 or any felony ranked in severity levels 1 through 3 of the drug
grid, or:
(1) Vehicular homicide, as defined by K.S.A. 21-3405 and amendments thereto or as
prohibited by any law of another state which is in substantial conformity with that statute;
(2) a violation of K.S.A. 8-1567 and amendments thereto, or a violation of any law of
another state, which declares to be unlawful the acts prohibited by that statute;
(3) driving while the privilege to operate a motor vehicle on the public highways of this
state has been canceled, suspended or revoked, as prohibited by K.S.A. 8-262 and
amendments thereto or as prohibited by any law of another state which is in substantial
conformity with that statute;
(4) perjury resulting from a violation of K.S.A. 8-261a and amendments thereto or
resulting from the violation of a law of another state which is in substantial conformity with
that statute;
(5) violating the provisions of the fifth clause of K.S.A. 8-142 and amendments thereto,
relating to fraudulent applications or violating the provisions of a law of another state which
is in substantial conformity with that statute;
(6) any crime punishable as a felony wherein a motor vehicle was used in the
perpetration of such crime;
(7) failing to stop at the scene of an accident and perform the duties required by K.S.A.
8-1602, 8-1603 or 8-1604, and amendments thereto, or required by a law of another state
which is in substantial conformity with those statutes;
(8) violating the provisions of K.S.A. 40-3104 and amendments thereto, relating to motor
vehicle liability insurance coverage; or
(9) a violation of K.S.A. 21-3405b, prior to its repeal.
(c) There shall be no expungement of convictions for the following offenses or of
convictions for an attempt to commit any of the following offenses: (1) Rape as defined in
subsection (a)(2) of K.S.A. 21-3502 and amendments thereto; (2) indecent liberties with a
child as defined in K.S.A. 21-3503 and amendments thereto; (3) aggravated indecent
liberties with a child as defined in K.S.A. 21-3504 and amendments thereto; (4) criminal
sodomy as defined in subsection (a)(2) or (a)(3) of K.S.A. 21-3505 and amendments thereto;
(5) aggravated criminal sodomy as defined in K.S.A. 21-3506 and amendments thereto; (6)
indecent solicitation of a child as defined in K.S.A. 21-3510 and amendments thereto; (7)
aggravated indecent solicitation of a child as defined in K.S.A. 21-3511 and amendments
thereto; (8) sexual exploitation of a child as defined in K.S.A. 21-3516 and amendments
thereto; (9) aggravated incest as defined in K.S.A. 21-3603 and amendments thereto; (10)
endangering a child as defined in K.S.A. 21-3608 and amendments thereto; (11) abuse of a
child as defined in K.S.A. 21-3609 and amendments thereto; (12) capital murder as defined
in K.S.A. 21-3439 and amendments thereto; (13) murder in the first degree as defined in
K.S.A. 21-3401 and amendments thereto; (14) murder in the second degree as defined in
K.S.A. 21-3402 and amendments thereto; (15) voluntary manslaughter as defined in K.S.A.
21-3403 and amendments thereto; (16) involuntary manslaughter as defined in K.S.A. 21-
3404 and amendments thereto; (17) involuntary manslaughter while driving under the
influence of alcohol or drugs as defined in K.S.A. 21-3442 and amendments thereto; or (18)
any conviction for any offense in effect at any time prior to the effective date of this act,
that is comparable to any offense as provided in this subsection.
(d) When a petition for expungement is filed, the court shall set a date for a hearing of
such petition and shall cause notice of such hearing to be given to the prosecuting attorney
and the arresting law enforcement agency. The petition shall state: (1) The defendant's full
name;
(2) the full name of the defendant at the time of arrest, conviction or diversion, if
different than the defendant's current name;
(3) the defendant's sex, race and date of birth;
(4) the crime for which the defendant was arrested, convicted or diverted;
(5) the date of the defendant's arrest, conviction or diversion; and
(6) the identity of the convicting court, arresting law enforcement authority or diverting
authority. There shall be no docket fee for filing a petition pursuant to this section. All
petitions for expungement shall be docketed in the original criminal action. Any person who
may have relevant information about the petitioner may testify at the hearing. The court
may inquire into the background of the petitioner and shall have access to any reports or
records relating to the petitioner that are on file with the secretary of corrections or the
Kansas parole board.
(e) At the hearing on the petition, the court shall order the petitioner's arrest record,
conviction or diversion expunged if the court finds that:
(1) The petitioner has not been convicted of a felony in the past two years and no
proceeding involving any such crime is presently pending or being instituted against the
petitioner;
(2) the circumstances and behavior of the petitioner warrant the expungement; and
(3) the expungement is consistent with the public welfare.
(f) When the court has ordered an arrest record, conviction or diversion expunged, the
order of expungement shall state the information required to be contained in the petition.
The clerk of the court shall send a certified copy of the order of expungement to the Kansas
bureau of investigation which shall notify the federal bureau of investigation, the secretary
of corrections and any other criminal justice agency which may have a record of the arrest,
conviction or diversion. After the order of expungement is entered, the petitioner shall be
treated as not having been arrested, convicted or diverted of the crime, except that:
(1) Upon conviction for any subsequent crime, the conviction that was expunged may
be considered as a prior conviction in determining the sentence to be imposed;
(2) the petitioner shall disclose that the arrest, conviction or diversion occurred if asked
about previous arrests, convictions or diversions: (A) In any application for employment as
a detective with a private detective agency, as defined by K.S.A. 75-7b01 and amendments
thereto; as security personnel with a private patrol operator, as defined by K.S.A. 75-7b01
and amendments thereto; or with an institution, as defined in K.S.A. 76-12a01 and
amendments thereto, of the department of social and rehabilitation services;
(B) in any application for admission, or for an order of reinstatement, to the practice of
law in this state;
(C) to aid in determining the petitioner's qualifications for employment with the Kansas
lottery or for work in sensitive areas within the Kansas lottery as deemed appropriate by
the executive director of the Kansas lottery;
(D) to aid in determining the petitioner's qualifications for executive director of the
Kansas racing commission, for employment with the commission or for work in sensitive
areas in parimutuel racing as deemed appropriate by the executive director of the
commission, or to aid in determining qualifications for licensure or renewal of licensure by
the commission;
(E) upon application for a commercial driver's license under K.S.A. 8-2,125 through 8-
2,142, and amendments thereto;
(F) to aid in determining the petitioner's qualifications to be an employee of the state
gaming agency;
(G) to aid in determining the petitioner's qualifications to be an employee of a tribal
gaming commission or to hold a license issued pursuant to a tribal-state gaming compact; or
(H) in any application for registration as a broker-dealer, agent, investment adviser or
investment adviser representative all as defined in K.S.A. 17-1252 and amendments thereto; or
(I) in any application for an original, renewal, or reinstated license or registration to practice any profession regulated by the state board of healing arts.
(3) the court, in the order of expungement, may specify other circumstances under
which the conviction is to be disclosed;
(4) the conviction may be disclosed in a subsequent prosecution for an offense which
requires as an element of such offense a prior conviction of the type expunged; and
(5) upon commitment to the custody of the secretary of corrections, any previously
expunged record in the possession of the secretary of corrections may be reinstated and the
expungement disregarded, and the record continued for the purpose of the new
commitment.
(g) Whenever a person is convicted of a crime, pleads guilty and pays a fine for a crime,
is placed on parole, postrelease supervision or probation, is assigned to a community
correctional services program, is granted a suspended sentence or is released on conditional
release, the person shall be informed of the ability to expunge the arrest records or
conviction. Whenever a person enters into a diversion agreement, the person shall be
informed of the ability to expunge the diversion.
(h) Subject to the disclosures required pursuant to subsection (f), in any application for
employment, license or other civil right or privilege, or any appearance as a witness, a person
whose arrest records, conviction or diversion of a crime has been expunged under this statute
may state that such person has never been arrested, convicted or diverted of such crime,
but the expungement of a felony conviction does not relieve an individual of complying with
any state or federal law relating to the use or possession of firearms by persons convicted
of a felony.
(i) Whenever the record of any arrest, conviction or diversion has been expunged under
the provisions of this section or under the provisions of any other existing or former statute,
the custodian of the records of arrest, conviction, diversion and incarceration relating to that
crime shall not disclose the existence of such records, except when requested by:
(1) The person whose record was expunged;
(2) a private detective agency or a private patrol operator, and the request is
accompanied by a statement that the request is being made in conjunction with an
application for employment with such agency or operator by the person whose record has
been expunged;
(3) a court, upon a showing of a subsequent conviction of the person whose record has
been expunged;
(4) the secretary of social and rehabilitation services, or a designee of the secretary, for
the purpose of obtaining information relating to employment in an institution, as defined
in K.S.A. 76-12a01 and amendments thereto, of the department of social and rehabilitation
services of any person whose record has been expunged;
(5) a person entitled to such information pursuant to the terms of the expungement
order;
(6) a prosecuting attorney, and such request is accompanied by a statement that the
request is being made in conjunction with a prosecution of an offense that requires a prior
conviction as one of the elements of such offense;
(7) the supreme court, the clerk or disciplinary administrator thereof, the state board
for admission of attorneys or the state board for discipline of attorneys, and the request is
accompanied by a statement that the request is being made in conjunction with an
application for admission, or for an order of reinstatement, to the practice of law in this
state by the person whose record has been expunged;
(8) the Kansas lottery, and the request is accompanied by a statement that the request
is being made to aid in determining qualifications for employment with the Kansas lottery
or for work in sensitive areas within the Kansas lottery as deemed appropriate by the
executive director of the Kansas lottery;
(9) the governor or the Kansas racing commission, or a designee of the commission,
and the request is accompanied by a statement that the request is being made to aid in
determining qualifications for executive director of the commission, for employment with
the commission, for work in sensitive areas in parimutuel racing as deemed appropriate by
the executive director of the commission or for licensure, renewal of licensure or continued
licensure by the commission;
(10) the Kansas sentencing commission;
(11) the state gaming agency, and the request is accompanied by a statement that the
request is being made to aid in determining qualifications: (A) To be an employee of the
state gaming agency; or (B) to be an employee of a tribal gaming commission or to hold a
license issued pursuant to a tribal-gaming compact; or
(12) the Kansas securities commissioner or a designee of the commissioner, and the
request is accompanied by a statement that the request is being made in conjunction with
an application for registration as a broker-dealer, agent, investment adviser or investment
adviser representative by such agency and the application was submitted by the person
whose record has been expunged.; or
(13) the state board of healing arts, and the request is accompanied by a statement that the request is made to determine licensure or registration qualifications to practice any profession regulated by the board.'';
And by renumbering sections accordingly;
Also on page 5, in line 33, after ``Supp.'' by inserting ``12-4516, 21-4619 and''; also in line
33, by striking ``is'' and inserting ``are'';
On page 1, in the title, in line 11, after ``Supp.'' by inserting ``12-4516, 21-4619 and''; in
line 12, by striking ``section'' and inserting ``sections''; and the bill be passed as amended.
The Committee on Taxation recommends SB 11, as amended by Senate Committee,
be passed.
The Committee on Taxation recommends HB 2565 be amended on page 1, in line 17,
after the period by inserting ``Such resolution shall be published once each week for two
consecutive weeks in the Shawnee county official newspaper.'';
On page 2, after line 1, by inserting a new subsection to read as follows:
``(d) If within 30 days of the final publication of a resolution adopted pursuant to
subsection (a), a petition signed by a number of electors of the county equal to not less than
5% of the number of qualified electors of the county shall be filed in the office of the county
election officer demanding that such resolution be submitted to a vote of the electors, it
shall not take effect until submitted to a referendum and approved by the electors. An
election if called, shall be called within 30 days and held within 45 days after the filing of
the petition. The board, by resolution, shall call the election and fix the date. Such resolution
shall be published once each week for two consecutive weeks in the official county
newspaper, and the election shall be conducted in the same manner as are elections for
officers of such county. Such election may be conducted in accordance with the provisions
of the mail ballot election act. The proposition shall be: ''Shall Washburn University of
Topeka be authorized to impose a countywide sales tax not to exceed .65% in Shawnee
county for purposes of eliminating 15 mills of ad valorem property taxes now levied by the
university eliminating the payment of out-district tuition by the townships within Shawnee
county to the university?``;
On page 4, by striking all in lines 3 through 21 and inserting ''section 1, the term of the
member appointed from the city-at-large shall lapse. The terms of office of the members
from the 18th, 19th and 20th state senatorial districts appointed by the mayor of the city
prior to the levying of a countywide retailer's sales tax shall expire on the dates of their
existing terms respectively. Each successor member shall``; by striking all in lines 29 through
32 and inserting ''be for a term of four years and until a successor has been appointed and
qualified. Each successor member shall be appointed and hold office for a term of four
years and until a successor has been appointed and qualified.``;
On page 6, in line 1, by striking all after the period; by striking all in lines 2 through 4;
in lines 36, by striking all after ''act``; by striking all in lines 37 and 38 and inserting ''shall
levy no other property tax except as authorized by K.S.A. 13-13a23, and amendments
thereto, and K.S.A. 75-6111, and amendments thereto.``;
On page 7, in line 11, before the period by inserting ''and the township trustee, township
clerk and township treasurer, acting as a board, of every township within every county in
which there is located a municipal university, except that board of levy shall not include a
township within a county in which there is located a municipal university which has levied
a countywide retailer's sales tax``; in line 19, before the period by inserting ''and every
township within every county in which there is located a municipal university, except that
taxing subdivision shall not include a township within a county in which there is located a
municipal university which has levied a countywide retailer's sales tax``; by striking all in
lines 21 through 43;
On page 8, by striking all in lines 1 through 20 and inserting a new section to read as
follows:
''Sec. 8. K.S.A. 12-198 is hereby amended to read as follows: 12-198. (a) A
compensating use tax for the privilege of using or storing within a city or county any vehicle
which is required to be registered under the provisions of article 1 of chapter 8 of the Kansas
Statutes Annotated, and amendments thereto, or any vessel, as defined by K.S.A. 82a-902 82a-802, and amendments thereto, is hereby imposed by every city or, county or municipal university imposing a retailers' sales tax. The rate of any such tax shall be fixed at the same
rate as such city's or, county's or university's retailers' sales tax. Any city or, county or municipal university imposing a compensating use tax is prohibited from administering or
collecting such tax locally, but shall utilize the services of the state department of revenue
to administer, enforce and collect such tax. Such tax shall be identical in its application and
exemptions therefrom to the Kansas compensating tax, and all laws and rules and regulations
of the state department of revenue relating to the Kansas compensating tax shall apply to
such local compensating use tax insofar as the same may be made applicable.
(b) The secretary of revenue is authorized to administer, enforce and collect a city's or,
county's or municipal university's compensating use tax and to adopt such rules and
regulations necessary for the efficient and effective administration, enforcement and
collection thereof. The state director of taxation shall cause such taxes to be collected within
the boundaries of such taxing subdivision at the same time and in the same manner provided
for the collection of the state compensating use tax. All moneys collected by the director of
taxation pursuant to the provisions of this section shall be credited to the city and county
compensating use tax fund or to the municipal university compensating use tax fund, which fund isfunds are hereby established in the state treasury. Any refund due on any city's or,
county's municipal university's compensating use tax collected pursuant to this section shall
be paid out of the sales tax refund fund and reimbursement to such fund shall be made by
the director of taxation from collections of local compensating use tax revenue. All moneys
collected pursuant to this section for a city or county shall be remitted at least quarterly by
the state treasurer to the treasurer of such city or, county or university.
(c) All revenue received by any county treasurer from a countywide compensating use
tax shall be apportioned among the county and each city located in such county in the same
manner as provided in K.S.A. 12-192, and amendments thereto, for the apportionment of
revenue received from a countywide retailers' sales tax.``;
Also, on page 8, in line 21, after ''K.S.A.`` by inserting ''12-198,``; also, in line 21, by
striking the third comma and inserting ''and``; also in line 21, by striking ''and 13-13a26``; in
line 24, by striking ''statute book`` and inserting ''Kansas register``;
In the title, in line 10, after ''K.S.A.`` by inserting ''12-198,``; in line 11, by striking the
second comma and inserting ''and``; by striking ''and 13-13a26`` and the bill be passed as
amended.
The Committee on Taxation recommends SB 78, as amended by Senate Committee, be
amended on page 3, by striking all in line 4 and inserting the following:
``Sec. 3. K.S.A. 19-1207 is hereby amended to read as follows: 19-1207. (a) The register
of deeds shall also shall keep a large, well-bound book, in which shall be plattedkept all
maps and plats of towns, villagescities, subdivisions or additions to the same within the
county, together with the description, acknowledgment or other writing thereon. The
register shall keep an index to such book of plats, which. Such index shall contain the name
or names of the proprietor or proprietors of such town, villagecities, subdivisions or addition
and the name of the town, villagecities, subdivisions or addition. No register of deeds shall
be bound to perform any of the duties required to be performed by this act, for which a
fee is allowed, unless such fee has been paid or tendered.
(b) The register of deeds shall not record any plat unless such plat is accompanied by
a receipt from the county treasurer for all real estate taxes of any year past due and unpaid and: (1) Payment of at least the first half of all real estate taxes due and owing on land to
be platted if such plat is presented for recording between December 20 and June 20 of the next year; or (2) payment of all such real estate taxes if such plat is presented for recording on and after June 20 but before December 20 of the same year.
(c) The record of plats and indexes required by this section may be kept in bound paper books, plat cabinets or in another mannerthe manner provided by K.S.A. 19-1204, and amendments thereto or as otherwise authorized by statute.
Sec. 4. K.S.A. 79-412 is hereby amended to read as follows: 79-412. It shall be the duty
of the county or district appraiser to value the land and improvements; but the value of the
land and improvements shall be entered on the assessment roll in a single aggregate, except
as hereinafter provided. Improvements owned by entities other than a city and located on land owned by a city maythe owner of the land shall be assessed to the owners of such
improvements, and theif the lease agreement has been recorded or filed in the office of the register of deeds. Delinquent taxes imposed on such improvements may be collected by levy
and sale of the interests of such owners the same as in cases of the collection of taxes on
personal property.
Sec. 5. K.S.A. 79-1460 is hereby amended to read as follows: 79-1460. The county
appraiser shall notify each taxpayer in the county annually on or before March 1 for real
property and May 1 for personal property, by mail directed to the taxpayer's last known
address, of the classification and appraised valuation of the taxpayer's property, except that,
the valuation for all real property shall not be increased unless: (a) The record of the latest
physical inspection was reviewed by the county or district appraiser, and documentation
exists to support such increase in valuation in compliance with the directives and
specifications of the director of property valuation, and such record and documentation is
available to the affected taxpayer; and (b) for the taxable year next following the taxable
year that the valuation for real property has been reduced due to a final determination made
pursuant to the valuation appeals process, documented substantial and compelling reasons
exist therefor and are provided by the county appraiser. For the purposes of this section
and in the case of real property, the term ''taxpayer`` shall be deemed to be the person in
ownership of the property as indicated on the records of the office of register of deeds or
county clerk and, in the case where the real property or improvement thereon is the subject of a lease agreement, such term shall also be deemed to include the lessee of such property if the lease agreement has been recorded or filed in the office of the register of deeds. Such
notice shall specify separately both the previous and current appraised and assessed values
for each property class identified on the parcel. Such notice shall also contain the uniform
parcel identification number prescribed by the director of property valuation. Such notice
shall also contain a statement of the taxpayer's right to appeal and the procedure to be
followed in making such appeal. In any year in which no change in appraised valuation of
any real property from its appraised valuation in the next preceding year is determined, an
alternative form of notification which has been approved by the director of property
valuation may be utilized by a county. Failure to timely mail or receive such notice shall in
no way invalidate the classification or appraised valuation as changed. The secretary of
revenue shall adopt rules and regulations necessary to implement the provisions of this
section.
Sec. 6. K.S.A. 1998 Supp. 74-2433f is hereby amended to read as follows: 74-2433f.
On and after January 1, 1999, (a) There shall be a division of the state board of tax appeals
known as the small claims division. Hearing officers appointed by the executive director
shall have authority to hear and decide cases heard in the small claims division.
(b) At the election of the taxpayer, the small claims division shall have jurisdiction over:
(1) Any appeal of a decision, finding, order or ruling of the director of taxation, except an
appeal, finding, order or ruling relating to an assessment issued pursuant to K.S.A. 79-5201 et seq., and amendments thereto, in which the amount of tax in controversy does not exceed
$15,000; (2) hearing and deciding applications for the refund of protested taxes under the
provisions of K.S.A. 79-2005, and amendments thereto, where the value of the property,
other than property devoted to agricultural use, is less than $2,000,000 as reflected on the
valuation notice or the property constitutes single family residential property; or (3) hearing
and deciding appeals from decisions rendered pursuant to the provisions of article 14, 16
or 17 of chapter 79 of the Kansas Statutes Annotated, and acts amendatory thereof or
supplemental thereto, other than those relating to land devoted to agricultural use, wherein
the value of the property is less than $2,000,000 as reflected on the valuation notice or the
property constitutes single family residental property.
(c) In accordance with the provisions of K.S.A. 74-2438, and amendments thereto, any
party may elect to appeal any application or decision referenced in subsection (b) to the
state board of tax appeals. The filing of an appeal with the small claims division shall not be
a prerequisite for filing an appeal with the state board of tax appeals under this section.
Final decisions of the small claims division may be appealed to the state board of tax appeals.
An appeal of a decision of the small claims division to the state board of tax appeals shall
be de novo.
(d) A taxpayer shall commence a proceeding in the small claims division by filing a
notice of appeal in the form prescribed by the rules of the state board of tax appeals which
shall state the nature of the taxpayer's claim. Notice of appeal shall be provided to the
appropriate unit of government named in the notice of appeal by the taxpayer. In any
valuation appeal or tax protest commenced pursuant to Articles 14 and 20 of chapter 79 of
the Kansas Statutes Annotated, and amendments thereto, the hearing shall be conducted in
the county where the property is located or a county adjacent thereto. In any appeal from
a final determination by the secretary of revenue, the hearing shall be conducted in the
county in which the taxpayer resides or a county adjacent thereto.
(e) The hearing in the small claims division shall be informal. The hearing officer may
hear any testimony and receive any evidence the hearing officer deems necessary or
desirable for a just determination of the case. A hearing officer shall have the authority to
administer oaths in all matters before the hearing officer. All testimony shall be given under
oath. A party may appear personally or may be represented by an attorney, a certified public
accountant, a certified general appraiser, a member of the taxpayer's immediate family or
an authorized employee of the taxpayer. No transcript of the proceedings shall be kept.
(f) The hearing in the small claims division shall be conducted within 60 days after the
appeal is filed in the small claims division. A decision shall be rendered by the hearing
officer within 30 days after the hearing is concluded. Documents provided by a taxpayer or
county or district appraiser shall be returned to the taxpayer or the county or district
appraiser by the hearing officer and shall not become a part of the board's permanent
records. Documents provided to the hearing officer shall be confidential and may not be
disclosed, except as otherwise specifically provided.
(g) With regard to any matter properly submitted to the division relating to the
determination of valuation of property for taxation purposes, it shall be the duty of the
county appraiser to initiate the production of evidence to demonstrate, by a preponderance
of the evidence, the validity and correctness of such determination. No presumption shall
exist in favor of the county appraiser with respect to the validity and correctness of such
determination.
Sec. 7. K.S.A. 1998 Supp. 74-2438 is hereby amended to read as follows: 74-2438. An
appeal may be taken to the state board of tax appeals from any finding, ruling, order,
decision, final determination or other final action, including action relating to abatement or
reduction of penalty and interest, on any case of the secretary of revenue or the secretary's
designee by any person aggrieved thereby. Notice of such appeal shall be filed with the
secretary of the board within 30 days after such finding, ruling, order, decision, final
determination or other action on a case, and a copy served upon the secretary of revenue
or the secretary's designee. Upon receipt of a timely appeal, the board shall conduct a
hearing in accordance with the provisions of the Kansas administrative procedure act. The
hearing before the board shall be a de novo hearing unless the parties agree to submit the
case on the record made before the secretary of revenue or the secretary's designee. With
regard to any matter properly submitted to the board relating to the determination of
valuation of residential property or real property used for commercial and industrial purposes for taxation purposes, it shall be the duty of the county or district appraiser to
initiate the production of evidence to demonstrate, by a preponderance of the evidence, the
validity and correctness of such determination, except that no such duty shall accrue with regard to leased commercial and industrial property unless the property owner has furnished to the county or district appraiser a complete income and expense statement for the property for the three years next preceding the year of appeal. No presumption shall exist in favor of
the county or district appraiser with respect to the validity and correctness of such
determination. No interest shall accrue on the amount of the assessment of tax subject to
any such appeal beyond 120 days after the date the matter was fully submitted, except that,
if a final order is issued within such time period, interest shall continue to accrue until such
time as the tax liability is fully satisfied, and if a final order is issued beyond such time period,
interest shall recommence to accrue from the date of such order until such time as the tax
liability is fully satisfied.
Sec. 8. K.S.A. 79-1606 is hereby amended to read as follows: 79-1606. (a) The county
or district appraiser, hearing officer or panel and arbitrator shall adopt, use and maintain
the following records, the form and method of use of which shall be prescribed by the
director of property valuation: (1) Appeal form, (2) hearing docket, and (3) record of cases,
including the disposition thereof.
(b) The county clerk shall furnish appeal forms to any taxpayer who desires to appeal
the final determination of the county or district appraiser as provided in K.S.A. 79-1448,
and amendments thereto. Any such appeal shall be in writing and filed with the county clerk
within 18 days of the date that the final determination of the appraiser was mailed to the
taxpayer.
(c) The hearing officer or panel shall hear and determine any appeal made by any
taxpayer or such taxpayer's agent or attorney. All such hearings shall be held in a suitable
place in the county or district. Sufficient evening and Saturday hearings shall be provided
as shall be necessary to hear all parties making requests for hearings at such times.
(d) Every appeal so filed shall be set for hearing by the hearing officer or panel, which
hearing shall be held on or before July 1, and the hearing officer or panel shall have no
authority to be in session thereafter, except as provided in K.S.A. 79-1404, and amendments
thereto. The county clerk shall notify each appellant and the county or district appraiser of
the date for hearing of the taxpayer's appeal at least 10 days in advance of such hearing. It
shall be the duty of the county or district appraiser to initiate the production of evidence to
demonstrate, by a preponderance of the evidence, the validity and correctness of the
classification or appraisal of residential property or real property used for commercial and industrial purposes, except that no such duty shall accrue with regard to leased commercial and industrial property unless the property owner has furnished to the county or district appraiser a complete income and expense statement for the property for the three years next proceeding the year of appeal. No presumption shall exist in favor of the county or district
appraiser with respect to the validity or correctness of any such classification or valuation.
Every such appeal shall be determined by order of the hearing officer or panel, and such
order shall be recorded in the minutes of such hearing officer or panel on or before July 5.
Such recorded orders and minutes shall be open to public inspection. Notice as to disposition
of the appeal shall be mailed by the county clerk to the taxpayer and the county or district
appraiser within five days after the determination.
Sec. 9. K.S.A. 79-1609 is hereby amended to read as follows: 79-1609. Any person
aggrieved by any order of the hearing officer or panel may appeal to the state board of tax
appeals by filing a written notice of appeal, on forms approved by the state board of tax
appeals and provided by the county clerk for such purpose, stating the grounds thereof and
a description of any comparable property or properties and the appraisal thereof upon which
they rely as evidence of inequality of the appraisal of their property, if that be a ground of
the appeal, with the board of tax appeals and by filing a copy thereof with the county clerk
within 30 days after the date of the order from which the appeal is taken. A county or district
appraiser may appeal to the state board of tax appeals from any order of the hearing officer
or panel. With regard to any matter properly submitted to the board relating to the
determination of valuation of residential property or real property used for commercial and industrial purposes for taxation purposes, it shall be the duty of the county appraiser to
initiate the production of evidence to demonstrate, by a preponderance of the evidence, the
validity and correctness of such determination except that no such duty shall accrue with regard to leased commercial and industrial property unless the property owner has furnished to the county or district appraiser a complete income and expense statement for the property for the three years next preceding the year of appeal. No presumption shall exist in favor of
the county appraiser with respect to the validity and correctness of such determination.
Sec. 10. K.S.A. 79-2005 is hereby amended to read as follows: 79-2005. (a) Any
taxpayer, before protesting the payment of such taxpayer's taxes, shall be required, either
at the time of paying such taxes, or, if the whole or part of the taxes are paid prior to
December 20, no later than December 20, or, with respect to taxes paid in whole on or
before December 20 by an escrow or tax service agent, no later than January 31 of the next
year, to file a written statement with the county treasurer, on forms approved by the state
board of tax appeals and provided by the county treasurer, clearly stating the grounds on
which the whole or any part of such taxes are protested and citing any law, statute or facts
on which such taxpayer relies in protesting the whole or any part of such taxes. When the
grounds of such protest is that the valuation or assessment of the property upon which the
taxes are levied is illegal or void, the county treasurer shall forward a copy of the written
statement of protest to the county appraiser who shall within 15 days of the receipt thereof,
schedule an informal meeting with the taxpayer or such taxpayer's agent or attorney with
reference to the property in question. The county appraiser shall review the appraisal of the
taxpayer's property with the taxpayer or such taxpayer's agent or attorney and may change
the valuation of the taxpayer's property, if in the county appraiser's opinion a change in the
valuation of the taxpayer's property is required to assure that the taxpayer's property is valued
according to law, and shall, within 15 business days thereof, notify the taxpayer in the event
the valuation of the taxpayer's property is changed, in writing of the results of the meeting.
In the event the valuation of the taxpayer's property is changed and such change requires
a refund of taxes and interest thereon, the county treasurer shall process the refund in the
manner provided by subsection (l).
(b) No protest appealing the valuation or assessment of property shall be filed pertaining
to any year's valuation or assessment when an appeal of such valuation or assessment was
commenced pursuant to K.S.A. 79-1448, and amendments thereto, nor shall the second half
payment of taxes be protested when the first half payment of taxes has been protested.
Notwithstanding the foregoing, this provision shall not prevent any subsequent owner from
protesting taxes levied for the year in which such property was acquired, nor shall it prevent
any taxpayer from protesting taxes when the valuation or assessment of such taxpayer's
property has been changed pursuant to an order of the director of property valuation.
(c) A protest shall not be necessary to protect the right to a refund of taxes in the event
a refund is required because the final resolution of an appeal commenced pursuant to K.S.A.
79-1448, and amendments thereto, occurs after the final date prescribed for the protest of
taxes.
(d) If the grounds of such protest shall be that the valuation or assessment of the
property upon which the taxes so protested are levied is illegal or void, such statement shall
further state the exact amount of valuation or assessment which the taxpayer admits to be
valid and the exact portion of such taxes which is being protested.
(e) If the grounds of such protest shall be that any tax levy, or any part thereof, is illegal,
such statement shall further state the exact portion of such tax which is being protested.
(f) Upon the filing of a written statement of protest, the grounds of which shall be that
any tax levied, or any part thereof, is illegal, the county treasurer shall mail a copy of such
written statement of protest to the state board of tax appeals and the governing body of the
taxing district making the levy being protested.
(g) Within 30 days after notification of the results of the informal meeting with the
county appraiser pursuant to subsection (a), the protesting taxpayer may, if aggrieved by the
results of the informal meeting with the county appraiser, appeal such results to the state
board of tax appeals.
(h) After examination of the copy of the written statement of protest and a copy of the
written notification of the results of the informal meeting with the county appraiser in cases
where the grounds of such protest is that the valuation or assessment of the property upon
which the taxes are levied is illegal or void, the board shall conduct a hearing in accordance
with the provisions of the Kansas administrative procedure act, unless waived by the
interested parties in writing. If the grounds of such protest is that the valuation or assessment
of the property is illegal or void the board shall notify the county appraiser thereof.
(i) In the event of a hearing, the same shall be originally set not later than 90 days after
the filing of the copy of the written statement of protest and a copy, when applicable, of
the written notification of the results of the informal meeting with the county appraiser with
the board. With regard to any matter properly submitted to the board relating to the
determination of valuation of residential property or real property used for commercial and industrial purposes for taxation purposes, it shall be the duty of the county appraiser to
initiate the production of evidence to demonstrate, by a preponderance of the evidence, the
validity and correctness of such determination except that no such duty shall accrue to the county or district appraiser with regard to leased commercial and industrial property unless the property owner has furnished to the county or district appraiser a complete income and expense statement for the property for the three years next preceding the year of appeal. No
presumption shall exist in favor of the county appraiser with respect to the validity and
correctness of such determination. In all instances where the board sets a request for hearing
and requires the representation of the county by its attorney or counselor at such hearing,
the county shall be represented by its county attorney or counselor.
(j) When a determination is made as to the merits of the tax protest, the board shall
render and serve its order thereon. The county treasurer shall notify all affected taxing
districts of the amount by which tax revenues will be reduced as a result of a refund.
(k) If a protesting taxpayer fails to file a copy of the written statement of protest and a
copy, when applicable, of the written notification of the results of the informal meeting with
the county appraiser with the board within the time limit prescribed, such protest shall
become null and void and of no effect whatsoever.
(l) (1) In the event the board orders that a refund be made pursuant to this section or
the provisions of K.S.A. 79-1609, and amendments thereto, or a court of competent
jurisdiction orders that a refund be made, and no appeal is taken from such order, or in the
event a change in valuation which results in a refund pursuant to subsection (a), the county
treasurer shall, as soon thereafter as reasonably practicable, refund to the taxpayer such
protested taxes and, with respect to protests or appeals commenced after the effective date
of this act, interest computed at the rate prescribed by K.S.A. 79-2968, and amendments
thereto, minus two percentage points, per annum from the date of payment of such taxes
from tax moneys collected but not distributed. Upon making such refund, the county
treasurer shall charge the fund or funds having received such protested taxes, except that,
with respect to that portion of any such refund attributable to interest the county treasurer
shall charge the county general fund. In the event that the board or court finds that any
time delay in making its decision is unreasonable and is attributable to the taxpayer, it may
order that no interest or only a portion thereof be added to such refund of taxes.
(2) No interest shall be allowed pursuant to paragraph (1) in any case where the tax
paid under protest was inclusive of delinquent taxes.
(m) Whenever, by reason of the refund of taxes previously received or the reduction of
taxes levied but not received as a result of decreases in assessed valuation, it will be
impossible to pay for imperative functions for the current budget year, the governing body
of the taxing district affected may issue no-fund warrants in the amount necessary. Such
warrants shall conform to the requirements prescribed by K.S.A. 79-2940, and amendments
thereto, except they shall not bear the notation required by such section and may be issued
without the approval of the state board of tax appeals. The governing body of such taxing
district shall make a tax levy at the time fixed for the certification of tax levies to the county
clerk next following the issuance of such warrants sufficient to pay such warrants and the
interest thereon. All such tax levies shall be in addition to all other levies authorized by law.
(n) The county treasurer shall disburse to the proper funds all portions of taxes paid
under protest and shall maintain a record of all portions of such taxes which are so protested
and shall notify the governing body of the taxing district levying such taxes thereof and the
director of accounts and reports if any tax protested was levied by the state.
(o) This statute shall not apply to the valuation and assessment of property assessed by
the director of property valuation and it shall not be necessary for any owner of state assessed
property, who has an appeal pending before the board of tax appeals, to protest the payment
of taxes under this statute solely for the purpose of protecting the right to a refund of taxes
paid under protest should that owner be successful in that appeal.
Sec. 11. K.S.A. 19-1207, 75-3038, 75-3039, 75-3040, 75-3042, 79-201j, 79-412, 79-
5a01, 79-1460, 79-1606, 79-1609 and 79-2005 and K.S.A. 1998 Supp. 74-2433f and 74-2438
are hereby repealed.'';
By renumbering the existing sections accordingly;
In the title, in line 10, by striking all after ``to''; by striking all in lines 11 and 12 and
inserting ``taxation; amending K.S.A. 19-1207, 79-201j, 79-412, 79-5a01, 79-1460, 79-1606,
79-1609 and 79-2005 and K.S.A. 1998 Supp. 74-2433f and 74-2438 and repealing the existing
sections; also repealing K.S.A. 75-3038, 75-3039, 75-3040 and 75-3042.'' and the bill be
passed as amended.
The Committee on Taxation recommends SB 226, as amended by Senate Committee
of the Whole, be amended in line 16, before ``resolution'' by inserting ``charter''; also, in
line 16, before ``ordinance'' by inserting ``charter''; in line 20, before ``that'' by inserting ``the
product of''; in line 21, by striking ``, except with regard to revenue'' and inserting ``multiplied
by a fraction the numerator of which is the average consumer price index for all urban
consumers published by the federal department of labor as of the close of the 12-month
period ending on August 31 of the first calendar year preceding the appropriate budget year
and the denominator of which is such index as of such period ending on August 31 of the
second calendar year preceding the appropriate budget year. Revenue''; in line 22, after
``of'' by inserting ``the following shall not be considered in determining such amount''; in
line 35, before the period, by inserting ``, temporary notes and no-fund warrants'' and the
bill be passed as amended.
The Committee on Taxation recommends SB 252, as amended by Senate Committee,
be amended on page 31, by striking all in lines 8 through 10; in line 19, before ``80-115'' by
inserting ``79-5038,''; in line 23, after ``after'' by inserting ``June 30, 1999, and''; in line 24,
by striking ``statute book'' and inserting ``Kansas register'';
By renumbering existing sections accordingly.
In the title, in line 19, by striking ``and'' and inserting a comma; in line 20, before the
period by inserting ``and 79-5038'' and the bill be passed as amended.
The Kansas 2000 Select Committee recommends SB 324, as amended by Senate
Committee, be amended on page 2, following line 22, by inserting the following:
``Sec. 2. K.S.A. 1998 Supp. 76-3304 is hereby amended to read as follows: 76-3304. (a)
There is hereby established a body politic and corporate, with corporate succession, to be
known as the university of Kansas hospital authority. The authority is hereby established as shall be an independent instrumentality of this state. Its exercise of the rights, powers and
privileges conferred by this act shall be deemed and held to be the performance of an
essential governmental function.
(b) The authority shall be governed by a fourteen-member board of directors. Eight of
the members shall be representatives of the general public who are recognized for
outstanding knowledge and leadership in the fields of finance, business, health-care
management, health care providers, legal affairs, education or government. Of the eight
members representing the general public, there shall be at least one member from each
congressional district. Three members shall be ex officio voting members consisting of the
chancellor of the university of Kansas, the executive vice chancellor of the university of
Kansas medical center and, the executive dean of the university of Kansas school of
medicine. Three members shall be nonvoting ex officio members consisting of, the chief of
staff of the university of Kansas hospital medical staff, the president of the authority and
the dean of the university of Kansas school of nursing.
(c) The eight members representing the general public appointed to the initial board
shall be appointed by the governor subject to senate confirmation as provided in K.S.A. 75-
4315b, and amendments thereto. Any member whose nomination is subject to confirmation
during a regular session of the legislature shall be deemed terminated when the senate
rejects the nomination. No such termination shall affect the validity of any action taken by
such member prior to such termination. Of the eight members appointed to the initial board,
two shall be members of the Kansas board of regents and two members shall be members
of the Kansas legislature. The two legislative appointees shall be appointed by the governor
from a panel of four nominees composed of (1) one member of the legislature nominated
by the speaker of the house of representatives, (2) one member of the legislature nominated
by the minority leader of the house of representatives, (3) one member of the legislature
nominated by the president of the senate, and (4) one member of the legislature nominated
by the minority leader of the senate.
(d) Of the members appointed to the initial board by the governor, two members shall
be appointed for a term of one yearwhich expires March 15, 1999, three members shall be
appointed for a term of two yearswhich expires March 15, 2000, and three members shall
be appointed for a term of three yearswhich expires March 15, 2001.
(e) After the initial board of directors is appointed, members other than ex officio shall
be appointed for a term of three years each, except in the event of a vacancy the appointment
shall be for the remainder of the unexpired portion of the term. Each member shall hold
office for the term of appointment and until the successor has been nominated and approved confirmed. Any member is eligible for reappointment, but members shall not be eligible to
serve more than two consecutive three-year terms.
(f) Except for appointment of the initial board, when a vacancy occurs or is announced
regarding a member or members representing the general public, a nominating committee
of the board shall forward a slate of candidates to the governor for consideration.
Appointment to the board shall be made by the governor subject to senate confirmation as
provided in K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 1998 Supp. 46-2601, and amendments thereto, no person appointed to the board shall exercise any power, duty or function as a member of the board until confirmed by the senate.
(g) The terms of members serving by virtue of their office shall expire immediately upon
termination of their holding such office.
(h) The board shall annually shall elect one of their number as chairperson and another
as vice-chairperson. The board shall also shall elect a secretary and treasurer for terms
determined by the board. The same person may serve as both secretary and treasurer. The
board shall establish an executive committee, nominating committee and other standing or
special committees and prescribe their duties and powers, and any executive committee
may exercise all such powers and duties of the board as the board may delegate.
(i) Members of the board of directors of the authority shall serve without compensation.
Members of the board attending meetings of the board, or attending a subcommittee
meeting thereof authorized by the board, shall be paid subsistence allowances, mileage and
other expenses as provided in K.S.A. 75-3223, and amendments thereto.
(j) No part of the funds of the authority shall inure to the benefit of, or be distributed
to, its employees, officers or members of the board, except that the authority may make
reasonable payments for expenses incurred on its behalf relating to any of its lawful purposes
and the authority shall be authorized and empowered to pay reasonable compensation for
services rendered to or for its benefit relating to any of its lawful purposes including to pay
its employees reasonable compensation.
(k) Any member of the board of directors other than an ex officio member may be
removed by an affirmative vote of seven of the members of the board for malfeasance or
misfeasance in office, failure to regularly failing to attend meetings, or for any cause which
renders saidthe member incapable of or unfit to discharge the duties of director.
(l) The board shall meet at least six times per year and at such other times as it deems
appropriate, or upon call by the president or the chairperson, or upon written request of a
majority of the directors. The board may adopt, repeal and amend such rules, procedures
and bylaws, not contrary to law or inconsistent with this act, as it deems expedient for its
own governance and for the governance and management of the authority. A majority of
the total voting membership of the board shall constitute a quorum for meetings, and. The
board may act by a majority of those at any meeting where a quorum is present, except
upon such issues as the board may determine shall require a vote of seven members for
approval. The initial board shall meet for the initial meeting upon call by the chancellor of
the university of Kansas who shall act as temporary chairperson until officers of the board
are elected pursuant to subsection (h).
(m) The board shall appoint a president who shall serve at the pleasure of the board.
The president shall serve as the chief executive officer of the authority. The president's
salary shall be set by the board. The board may negotiate and enter into an employment
agreement with the individual selected as president of the authority which may provide for
compensation allowances, benefits and expenses as may be included in such agreement.
The president shall direct and supervise administrative affairs and the general management
of the authority. The president shall be a nonvoting ex officio member of the board.
(n) The board may provide to the president of the authority and other employees
designated by the board supplemental benefits in addition to the benefits provided in K.S.A.
1998 Supp. 76-3322, and amendments thereto.
(o) The authority shall continue until terminated by law, except that no such law shall
take effect so long as the authority has bonds outstanding, unless adequate provision has
been made for the payment or retirement of such debts or obligations. Upon any such
dissolution of the authority, all property, funds and assets thereof shall be vested in the
state, university of Kansas medical center or other hospital entity as designated by the board
and approved by act of the Kansas legislature.'';
And by renumbering sections accordingly;
On page 5, in line 12, after ``Supp.'', by inserting ``76-3304,'';
On page 1, in the title, in line 11, before ``employee'', by inserting ``members of the board
of directors;''; also in line 11, by striking ``concerning''; in line 12, after ``Supp.'', by inserting
``76-3304,''; 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 bill was thereupon introduced and read by title:
HB 2569, An act concerning municipalities; relating to recreation systems and districts;
amending K.S.A. 12-1929 and 12-1932 and repealing the existing sections, by Committee
on Taxation.
MESSAGES FROM THE GOVERNOR HB 2046, 2050, 2280 approved on March 23, 1999.
Also, HB 2321 approved on March 24, 1999.
On motion of Rep. Glasscock, the House recessed until 2:00 p.m.