2/3 of the members of such
committee, records and reports received by the committee shall not be further disclosed.
Unauthorized disclosure may subject such member to discipline or censure from the house
of representatives or senate.
(f) Nothing in this section shall be interpreted to prohibit the secretary of social and
rehabilitation services from summarizing the outcome of department actions regarding a
child alleged to be a child in need of care to a person having made such report.
(g) Disclosure of information from reports or records of a child in need of care to the
public shall be limited to confirmation of factual details with respect to how the case was
handled that do not violate the privacy of the child, if living, or the child's siblings, parents
or guardians. Further, confidential information may be released to the public only with the
express written permission of the individuals involved or their representatives or upon order
of the court having jurisdiction upon a finding by the court that public disclosure of
information in the records or reports is necessary for the resolution of an issue before the
court.
(h) Nothing in this section shall be interpreted to prohibit a court of competent
jurisdiction from making an order disclosing the findings or information pursuant to a report
of alleged or suspected child abuse or neglect which has resulted in a child fatality or near
fatality if the court determines such disclosure is necessary to a legitimate state purpose. In
making such order, the court shall give due consideration to the privacy of the child, if,
living, or the child's siblings, parents or guardians.
(i) Information authorized to be disclosed in subsections (d) through (g) shall not contain
information which identifies a reporter of a child in need of care.
(j) Records or reports authorized to be disclosed in this section shall not be further
disclosed, except that the provisions of this subsection shall not prevent disclosure of
information to an educational institution or to individual educators about a pupil specified
in subsection (a)(1) through (5) of K.S.A. 1998 Supp. 72-89b03 and amendments thereto.
(k) Anyone who participates in providing or receiving information without malice under
the provisions of this section shall have immunity from any civil liability that might otherwise
be incurred or imposed. Any such participant shall have the same immunity with respect to
participation in any judicial proceedings resulting from providing or receiving information.
(l) No individual, association, partnership, corporation or other entity shall willfully or
knowingly disclose, permit or encourage disclosure of the contents of records or reports
concerning a child in need of care received by the department of social and rehabilitation
services, a law enforcement agency or a juvenile intake and assessment worker except as
provided by this code. Violation of this subsection is a class B misdemeanor.
Sec. 3. K.S.A. 1998 Supp. 38-1602 is hereby amended to read as follows: 38-1602. As
used in this code, unless the context otherwise requires:
(a) ``Juvenile'' means a person 10 or more years of age but less than 18 years of age.
(b) ``Juvenile offender'' means a person who does an act commits an offense while a
juvenile which if done committed by an adult would constitute the commission of a felony
or misdemeanor as defined by K.S.A. 21-3105 and amendments thereto or who violates the
provisions of K.S.A. 21-4204a or K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810, and
amendments thereto, but does not include:
(1) A person 14 or more years of age who commits a traffic offense, as defined in
subsection (d) of K.S.A. 8-2117 and amendments thereto;
(2) a person 16 years of age or over who commits an offense defined in chapter 32 of
the Kansas Statutes Annotated;
(3) a person whose prosecution as an adult is authorized pursuant to K.S.A. 38-1636
and amendments thereto and whose prosecution results in the conviction of an adult crime;
or
(4) a person who has been found to be an extended jurisdiction juvenile pursuant to
subsection (a)(2) of K.S.A. 38-1636, and amendment thereto, and whose stay of adult
sentence execution has been revoked under 18 years of age who previously has been:
(A) Convicted as an adult under the Kansas code of criminal procedure;
(B) sentenced as an adult under the Kansas code of criminal procedure following
termination of status as an extended jurisdiction juvenile pursuant to K.S.A. 38-16,126, and
amendments thereto; or
(C) convicted or sentenced as an adult in another state or foreign jurisdiction under
substantially similar procedures described in K.S.A. 38-1636, and amendments thereto, or
because of attaining the age of majority designated in that state or jurisdiction.
(c) ``Parent,'' when used in relation to a juvenile or a juvenile offender, includes a
guardian, conservator and every person who is by law liable to maintain, care for or support
the juvenile.
(d) ``Law enforcement officer'' means any person who by virtue of that person's office
or public employment is vested by law with a duty to maintain public order or to make
arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes.
(e) ``Youth residential facility'' means any home, foster home or structure which provides
twenty-four-hour-a-day care for juveniles and which is licensed pursuant to article 5 of
chapter 65 of the Kansas Statutes Annotated.
(f) ``Juvenile detention facility'' means any secure public or private facility which is used
for the lawful custody of accused or adjudicated juvenile offenders and which must shall
not be a jail.
(g) ``Juvenile correctional facility'' means a facility operated by the commissioner for
juvenile offenders.
(h) ``Warrant'' means a written order by a judge of the court directed to any law
enforcement officer commanding the officer to take into custody the juvenile named or
described therein.
(i) ``Commissioner'' means the commissioner of juvenile justice.
(j) ``Jail'' means:
(1) An adult jail or lockup; or
(2) a facility in the same building as an adult jail or lockup, unless the facility meets all
applicable licensure requirements under law and there is (A) total separation of the juvenile
and adult facility spatial areas such that there could be no haphazard or accidental contact
between juvenile and adult residents in the respective facilities; (B) total separation in all
juvenile and adult program activities within the facilities, including recreation, education,
counseling, health care, dining, sleeping, and general living activities; and (C) separate
juvenile and adult staff, including management, security staff and direct care staff such as
recreational, educational and counseling.
(k) ``Court-appointed special advocate'' means a responsible adult, other than an
attorney appointed pursuant to K.S.A. 38-1606 and amendments thereto, who is appointed
by the court to represent the best interests of a child, as provided in K.S.A. 1998 Supp. 38-
1606a, and amendments thereto, in a proceeding pursuant to this code.
(l) ``Juvenile intake and assessment worker'' means a responsible adult authorized to
perform intake and assessment services as part of the intake and assessment system
established pursuant to K.S.A. 76-3202 75-7023, and amendments thereto.
(m) ``Institution'' means the following institutions: The Atchison juvenile correctional
facility, the Beloit juvenile correctional facility, the Larned juvenile correctional facility and
the Topeka juvenile correctional facility.
(n) ``Sanction Sanctions house'' means a facility which is operated or structured so as to
ensure that all entrances and exits from the facility are under the exclusive control of the
staff of the facility, whether or not the person being detained has freedom of movement
within the perimeters of the facility, or which relies on locked rooms and buildings, fences,
or physical restraint in order to control the behavior of its residents. Upon an order from
the court, a licensed juvenile detention facility may serve as a sanction sanctions house. A
sanction sanctions house may be physically connected physically to a nonsecure shelter
facility provided the sanction sanctions house is not a licensed juvenile detention facility.
(o) ``Sentencing risk assessment tool'' means an instrument administered to juvenile
offenders which delivers a score, or group of scores, describing, but not limited to describing,
the juvenile's potential risk to the community.
(p) ``Educational institution'' means all schools at the elementary and secondary levels.
(q) ``Educator'' means any administrator, teacher or other professional or
paraprofessional employee of an educational institution who has exposure to a pupil specified
in subsection (a)(1) through (5) of K.S.A. 1998 Supp. 72-89b03 and amendments thereto.
Sec. 4. K.S.A. 1998 Supp. 38-1655 is hereby amended to read as follows: 38-1655. If
the court finds that the evidence fails to prove an offense charged or an included offense
as defined in subsection (2) of K.S.A. 21-3107 and amendments thereto, the court shall
enter an order dismissing the charge.
If the court finds that the respondent committed the offense charged or an included
offense as defined in subsection (2) of K.S.A. 21-3107 and amendments thereto, the court
shall adjudicate the respondent to be a juvenile offender and may issue a sentence as
authorized by this code.
If the court finds that the respondent committed the acts constituting the offense charged
or an included offense as defined in subsection (2) of K.S.A. 21-3107 and amendments
thereto but is not responsible because of mental disease or defect, the respondent shall not
be adjudicated as a juvenile offender and shall be committed to the custody of the secretary
of social and rehabilitation services and placed in a state hospital. The respondent's
continued commitment shall be subject to annual review in the manner provided by K.S.A.
22-3428a and amendments thereto for review of commitment of a defendant suffering from
mental disease or defect, and the respondent may be discharged or conditionally released
pursuant to that section. The respondent also may be discharged or conditionally released
in the same manner and subject to the same procedures as provided by K.S.A. 22-3428 and
amendments thereto for discharge of or granting conditional release to a defendant found
suffering from mental disease or defect. If the respondent violates any conditions of an
order of conditional release, the respondent shall be subject to contempt proceedings and
return to custody as provided by K.S.A. 22-3428b and amendments thereto.
A copy of the court's order shall be sent to the school district in which the juvenile offender
is enrolled or will be enrolled.
Sec. 5. K.S.A. 1998 Supp. 72-89b02 is hereby amended to read as follows: 72-89b02.
As used in this act:
(a) ``Board of education'' means the board of education of a unified school district or
the governing authority of an accredited nonpublic school.
(b) ``School'' means a public school or an accredited nonpublic school.
(c) ``Public school'' means a school operated by a unified school district organized under
the laws of this state.
(d) ``Accredited nonpublic school'' means a nonpublic school participating in the quality
performance accreditation system.
(e) ``School employee'' means any teacher or other administrative, professional or
paraprofessional employee of a school who has exposure to a pupil specified in subsection
(a)(1) through (5) of K.S.A. 1998 Supp. 72-89b03 and amendments thereto.
(f) ``Administrator'' means any individual who is employed by a school in a supervisory
or managerial capacity.
(f) ``Superintendent of schools'' means the superintendent of schools appointed by the
board of education of a unified school district or the chief administrative officer of an
accredited nonpublic school appointed by the board of education of the school.
Sec. 6. K.S.A. 1998 Supp. 72-89b03 is hereby amended to read as follows: 72-89b03.
(a) School employees with knowledge that a pupil is a pupil specified in this subsection shall
inform administrators and administrators with knowledge that a pupil is a pupil specified in
this subsection shall inform all other school employees of the following:
(1) The identity of any pupil who has been expelled as provided by subsection (c) of
K.S.A. 72-8901 and amendments thereto for conduct which endangers the safety of others;
(2) the identity of any pupil who has been expelled as provided by subsection (d) of
K.S.A. 72-8901 and amendments thereto;
(3) the identity of any pupil who has been expelled under a policy adopted pursuant to
K.S.A. 1998 Supp. 72-89a02 and amendments thereto;
(4) the identity of any pupil who has been adjudged to be a juvenile offender and whose
offense, if committed by an adult, would constitute a felony under the laws of Kansas or the
state where the offense was committed, except that this subsection shall not apply to an
adjudication as a juvenile offender involving a felony theft offense involving no direct threat
to human life; and
(5) the identity of any pupil who has been tried and convicted as an adult of any felony,
except that this subsection shall not apply to any felony conviction of theft involving no
direct threat to human life.
If a school employee has information that a pupil is a pupil to whom the provisions of
this section apply, the school employee shall report such information and identify the pupil
to the superintendent of schools. The superintendent of schools shall investigate the matter
and, upon determining that the identified pupil is a pupil to whom the provisions of this
section apply, shall provide the reported information and identify the pupil to all school
employees who are directly involved or likely to be directly involved in teaching or providing
other school related services to the pupil. The provisions of this section apply to:
(1) Any pupil who has been expelled for the reason provided by subsection (c) of K.S.A.
72-8901, and amendments thereto, for conduct which endangers the safety of others;
(2) any pupil who has been expelled for the reason provided by subsection (d) of K.S.A.
72-8901, and amendments thereto;
(3) any pupil who has been expelled under a policy adopted pursuant to K.S.A. 1998
Supp. 72-89a02, and amendments thereto;
(4) any pupil who has been adjudged to be a juvenile offender and whose offense, if
committed by an adult, would constitute a felony under the laws of Kansas or the state where
the offense was committed, except any pupil adjudicated as a juvenile offender for a felony
theft offense involving no direct threat to human life; and
(5) any pupil who has been tried and convicted as an adult of any felony, except any
pupil convicted of a felony theft crime involving no direct threat to human life.
A school employee and the superintendent of schools shall not be required to report
information concerning a pupil specified in this subsection if the expulsion, adjudication as
a juvenile offender or conviction of a felony occurred more than 365 days prior to the school
employee's report to the superintendent of schools.
(b) Each board of education shall adopt a policy that includes:
(1) A requirement that an immediate report be made to the appropriate state or local
law enforcement agency by or on behalf of any school employee who knows or has reason
to believe that an act has been committed at school, on school property, or at a school
supervised activity and that the act involved conduct which constitutes the commission of a
felony or misdemeanor or which involves the possession, use or disposal of explosives,
firearms or other weapons; and
(2) the procedures for making such a report.
(c) Administrators and other School employees shall not be subject to the provisions of
subsection (b) of K.S.A. 1998 Supp. 72-89b04 and amendments thereto if:
(1) They follow the procedures from a policy adopted pursuant to the provisions of
subsection (b); or
(2) their board of education fails to adopt such policy.
(d) Each board of education shall annually compile and report to the state board of
education at least the following information relating to school safety and security: The types
and frequency of criminal acts that are required to be reported pursuant to the provisions
of subsection (b), disaggregated by occurrences at school, on school property and at school
supervised activities. The report shall be incorporated into and become part of the current
report required under the quality performance accreditation system.
(e) Each board of education shall make available to pupils and their parents, to school
employees and, upon request, to others, district policies and reports concerning school safety
and security, including those required by this subsection, except that the provisions of this
subsection shall not apply to the disclosures required reports made by a superintendent of
schools and school employees pursuant to subsection (a).
(f) Nothing in this section shall be construed or operate in any manner so as to prevent
any school employee from reporting criminal acts to school officials and to appropriate state
and local law enforcement agencies.
(g) The state board of education shall extract the information relating to school safety
and security from the quality performance accreditation report and transmit the information
to the governor, the legislature, the attorney general, the secretary of health and
environment, and the secretary of social and rehabilitation services and the commissioner
of juvenile justice.
(h) No board of education and no member of any such board shall be liable for damages
in a civil action for the actions or omissions of any administrator pursuant to the
requirements and provisions of the Kansas school safety and security act and to this end
such board and members thereof shall have immunity from civil liability related thereto.
No administrator or school employee shall be liable for damages in a civil action for the
actions or omissions of such administrator or school employee pursuant to the requirements
and provisions of the Kansas school safety and security act and to this end such administrator
or school employee shall have immunity from civil liability related thereto.
(h) No board of education, member of any such board, superintendent of schools or
school employee shall be liable for damages in a civil action resulting from a person's good
faith acts or omissions in complying with the requirements or provisions of the Kansas school
safety and security act.
Sec. 7. K.S.A. 1998 Supp. 72-89b04 is hereby amended to read as follows: 72-89b04.
(a) Willful and knowing failure of a school employee to make a report required by subsection
(a) (b)(1) of K.S.A. 1998 Supp. 72-89b03, and amendments thereto, is a class B nonperson
misdemeanor. Preventing or interfering with, with the intent to prevent, the making of a
report required by subsection (a) (b)(1) of K.S.A. 1998 Supp. 72-89b03, and amendments
thereto, is a class B nonperson misdemeanor.
(b) Willful and knowing failure of any employee designated by a board of education to
transmit reports made by school employees to the appropriate state or local law enforcement
agency as required by subsection (a) (b)(1) of K.S.A. 1998 Supp. 72-89b03, and amendments
thereto, is a class B nonperson misdemeanor. Preventing or interfering with, with the intent
to prevent, the transmission of reports required by subsection (a) (b)(1) of K.S.A. 1998
Supp. 72-89b03, and amendments thereto, is a class B nonperson misdemeanor.
(c) No board of education shall terminate the employment of, or prevent or impair the
profession of, or impose any other sanction on any school employee because the employee
made an oral or written report to, or cooperated with an investigation by, a law enforcement
agency relating to any criminal act that the employee knows has been committed or
reasonably believes will be committed at school, on school property, or at a school supervised
activity.
(d) Any board of education, and any member or employee thereof, participating without
malice in the making of an oral or written report to a law enforcement agency relating to
any criminal act that is known to have been committed or reasonably is believed will be
committed at school, on school property, or at a school supervised activity shall have
immunity from any civil liability that might otherwise be incurred or imposed. Any such
participant shall have the same immunity with respect to participation in any judicial
proceedings resulting from the report.
Sec. 8. K.S.A. 72-5386 is hereby amended to read as follows: 72-5386. (a) This act
section shall apply to all school districts and to every pupil of any school district. As used in
this section, the term ``school records'' means transcripts, grade cards, the results of tests,
assessments or evaluations, and all other personally identifiable records, files and data
directly related to a pupil.
(b) All school district property in the possession of any pupil shall be returned to the
proper school district authority or paid for by the pupil upon transfer of the pupil from the
school district. The school records of any such pupil shall not be forwarded until the pupil
has complied with the provisions of this section withheld for any reason. Any A school district
authority withholding any pupil records under the requirements of this section shall advise,
upon receipt of any request for such records, the requesting party that the records are being
withheld under the requirements of this section and shall provide with such advice a fully
itemized statement list of the school district property and its value for which the pupil is
charged in the possession of the pupil. In the event that such school district authority receives
an affidavit stating that the pupil's parents are unable to pay for or return the school district
property which is lost or missing, such school district authority shall forward the pupil's
records as requested and note in the school records of the pupil that the pupil has complied
with the provisions of this section. In the event that such a school district authority receives
an affidavit from the board of education of another school district or from the governing
authority of a nonpublic school stating that the a pupil's records are being requested as
proof of identity of the pupil pursuant to the provisions of K.S.A. 72-53,106, and
amendments thereto, such school district authority shall forward a certified copy of that
part of the pupil's records which provides information regarding the identity of the pupil.
(c) The school records of each pupil are the property of the pupil and shall not be
withheld by any school district. Upon request of a pupil or the parent of a pupil, the school
records of the pupil shall be given to such pupil or parent, or, upon transfer of the pupil to
another school district or to a nonpublic school, shall be forwarded to such school district
or nonpublic school. A pupil's records forwarded to another school district due to transfer
will include original copies of all the students records, including transcripts, grade cards,
results of tests, assessments or evaluations, and all other personally identifiable records, files
and data directly related to the pupil.'';
By renumbering Section 1 as Sec. 9; by renumbering sections 2 and 3 as sections 10 and
11, respectively;
On page 2, in line 18, by striking ``is'' and inserting ``and 72-5386 and K.S.A. 1998 Supp.
38-1502, 38-1502c, 38-1507, 38-1602, 38-1602a, 38-1655, 72-89b02, 72-89b03 and 72-
89b04 are'';
In the title, in line 10, after ``concerning'', by inserting ``schools and''; also in line 10, after
the semicolon, by inserting ``relating to safety and security; prohibiting the withholding of
pupil records;''; in line 12, after ``72-5213'', by inserting ``and 72-5386 and K.S.A. 1998 Supp.
38-1502, 38-1507, 38-1602, 38-1655, 72-89b02, 72-89b03 and 72-89b04''; also in line 12,
by striking ``section'' and inserting ``sections; also repealing K.S.A. 1998 Supp. 38-1502c and
38-1602a''; and the bill be passed as amended.
Committee on Energy and Natural Resources recommends HB 2146 be amended on
page 1, in line 42, by striking ``statute book'' and inserting ``Kansas register''; and the bill be
passed as amended.
Also HB 2404, as amended by House Committee, be amended on page 1, following line
37, by inserting the following:
``(c) The provisions of subsection (a) shall not apply to a water right that has not been
declared abandoned and terminated before the effective date of this act if the five years of
successive nonuse occurred exclusively and entirely before January 1, 1990. However, the
provisions of subsection (a) shall apply if the period of five successive years of nonuse began
before January 1, 1990, and continued after that date.
New Sec. 1. (a) The Kansas water office, on behalf of the state, shall enter into
negotiations, agreements and contracts with the federal government regarding water rights,
file number 37 and file number 38, appurtenant to federal property located in Johnson
county when the Kansas water office deems such negotiations, agreements and contracts to
be necessary for the achievement of the policies of the state relative to the water resources
of the state. Any such agreement or contract shall be binding on the state only upon adoption
by the legislature of a concurrent resolution approving such agreement or contract.
(b) The Kansas water office, on behalf of the state, shall accept and hold in trust any
water rights acquired pursuant to subsection (a) until the legislature determines the
appropriate state agency and procedures for disposition of such water rights. Until the
legislative determination thereof:
(1) The Kansas water office shall have no authority to assign, transfer or otherwise
dispose of such water rights;
(2) all contractual agreements associated with such water rights shall remain in effect
and the provisions of K.S.A. 82a-718 and amendments thereto shall not apply to such water
rights; and
(3) the Kansas water office shall make all annual payments associated with such water
rights to any water assurance district under the provisions of K.S.A. 82a-1301 et seq. and
amendments thereto.'';
By renumbering sections 2 and 3 as sections 3 and 4, respectively;
In the title, in line 11, following the semicolon, by inserting ``authorizing the Kansas water
office to take certain actions regarding certain water rights, subject to certain restrictions;'';
and the bill be passed as amended.
Committee on Federal and State Affairs recommends HB 2427 be passed.
Committee on Judiciary recommends HB 2549 be passed.
Also HB 2101 be amended on page 1, in line 16, after ``attorney'' by inserting ``for the
state''; also in line 16, after ``counsel'' by inserting ``for the defendant'';
On page 2, in line 5, by striking ``parties'' and inserting ``attorney for the state and the
counsel for the defendant''; and the bill be passed as amended.
HB 2136, as amended by House Committee, be amended on page 1, by striking all in
lines 15 through 42;
On page 2, by striking all in lines 27 through 29; in line 38, by striking ``Sec. 2'' and
inserting ``Section 1'';
And by renumbering sections 3 and 4 as sections 2 and 3;
On page 4, in line 19, by striking ``75-4360 and''; also in line 19, by striking ``are'' and
inserting ``is'';
On page 1, in the title, in line 10, after ``concerning'' by inserting ``the Kansas tort claims
act; relating to''; also in line 10, by striking ``; relating to the'' and inserting a comma; in line
12, by striking ``75-4360 and''; also in line 12, by striking ``sections'' and inserting ``section'';
and the bill be passed as amended.
HB 2352 be amended on page 1, after line 13, by inserting:
``Section 1. K.S.A. 1998 Supp. 20-302b is hereby amended to read as follows: 20-302b.
(a) A district magistrate judge shall have the jurisdiction, and power and duty, in any case
in which a violation of the laws of the state is charged, to conduct the trial of traffic
infractions, cigarette or tobacco infractions or misdemeanor charges and to conduct the
preliminary examination of felony charges and to hear felony arraignments subject to
assignment pursuant to K.S.A. 20-329 and amendments thereto. In civil cases, a district
magistrate judge shall have concurrent jurisdiction, powers and duties with a district judge,
except that, unless otherwise specifically provided in subsection (b), a district magistrate
judge shall not have jurisdiction or cognizance over the following actions:
(1) Any action, other than an action seeking judgment for an unsecured debt not
sounding in tort and arising out of a contract for the provision of goods, services or money,
in which the amount in controversy, exclusive of interests and costs, exceeds $10,000, except
that in actions of replevin, the affidavit in replevin or the verified petition fixing the value
of the property shall govern the jurisdiction; nothing in this paragraph shall be construed as
limiting the power of a district magistrate judge to hear any action pursuant to the Kansas
probate code or to issue support orders as provided by paragraph (6) of this subsection;
(2) actions against any officers of the state, or any subdivisions thereof, for misconduct
in office;
(3) actions for specific performance of contracts for real estate;
(4) actions in which title to real estate is sought to be recovered or in which an interest
in real estate, either legal or equitable, is sought to be established, except that nothing in
this paragraph shall be construed as limiting the right to bring an action for forcible detainer
as provided in the acts contained in article 23 of chapter 61 of the Kansas Statutes Annotated,
and any acts amendatory thereof or supplemental thereto; and nothing in this paragraph
shall be construed as limiting the power of a district magistrate judge to hear any action
pursuant to the Kansas probate code;
(5) actions to foreclose real estate mortgages or to establish and foreclose liens on real
estate as provided in the acts contained in article 11 of chapter 60 of the Kansas Statutes
Annotated, and any acts amendatory thereof or supplemental thereto;
(6) actions for divorce, separate maintenance or custody of minor children, except that
nothing in this paragraph shall be construed as limiting the power of a district magistrate
judge to: (A) Hear any action pursuant to the Kansas code for care of children or the Kansas
juvenile justice code; (B) establish, modify or enforce orders of support, including, but not
limited to, orders of support pursuant to the Kansas parentage act, K.S.A. 23-451 et seq.,
39-718a, 39-718b, 39-755 or 60-1610 or K.S.A. 23-4,105 through 23-4,118, 23-4,125 through
23-4,137, 38-1542, 38-1543 or 38-1563, and amendments thereto; or (C) enforce orders
granting a parent visitation rights to the parent's child;
(7) habeas corpus;
(8) receiverships;
(9) change of name;
(10) declaratory judgments;
(11) mandamus and quo warranto;
(12) injunctions;
(13) class actions;
(14) rights of majority;
(15) actions pursuant to the protection from abuse act; and
(16) actions pursuant to K.S.A. 59-29a01 et seq. and amendments thereto.
(b) Notwithstanding the provisions of subsection (a), in the absence, disability or
disqualification of a district judge, a district magistrate judge may:
(1) Grant a restraining order, as provided in K.S.A. 60-902 and amendments thereto;
(2) appoint a receiver, as provided in K.S.A. 60-1301 and amendments thereto;
(3) make any order authorized by K.S.A. 60-1607 and amendments thereto; and
(4) grant any order authorized by the protection from abuse act.
(c) In accordance with the limitations and procedures prescribed by law, and subject to
any rules of the supreme court relating thereto, any appeal permitted to be taken from an
order or final decision of a district magistrate judge shall be tried and determined de novo
by a district judge, except that in civil cases where a record was made of the action or
proceeding before the district magistrate judge, the appeal shall be tried and determined
on the record by a district judge.
(d) Upon motion of a party, the administrative judge may reassign an action from a
district magistrate judge to a district judge.
Sec. 2. K.S.A. 20-310b is hereby amended to read as follows: 20-310b. (a) Upon
stipulation of the parties to an action, the court may order the action to be heard and
determined by a temporary judge who is a retired justice of the supreme court, retired judge
of the court of appeals or retired judge of the district court. Such temporary judge shall be
sworn and empowered to act as judge in the action until its final determination.
(b) Any action before a temporary judge pursuant to this section shall be conducted in
the same manner as any other action before a judge of the district court and any order
entered by such temporary judge may be appealed and enforced in the same manner as a
similar order of a judge of the district court.
(c) If a person acting as temporary judge pursuant to this section is a retired district
magistrate judge, the powers and duties jurisdiction of such temporary judge shall be limited
to the powers and duties jurisdiction of a district magistrate judge and appeals of orders of
such temporary judge shall be governed by the laws governing appeals from orders of district
magistrate judges.
(d) The court shall fix the compensation of a temporary judge acting pursuant to this
section and such compensation shall be charged against any or all parties to the action, or
paid out of any fund or subject matter of the action which is in the custody of the court, as
directed by the court.'';
Also on page 1, in line 14, by striking ``Section 1'' and inserting ``Sec. 3''; after line 36, by
inserting the following:
``Sec. 4. K.S.A. 20-2915 is hereby amended to read as follows: 20-2915. (a) Whenever
a vacancy in the office of district magistrate judge exists at the time the appointment to fill
such vacancy is made, as provided in K.S.A. 20-2914 and amendments thereto, the
appointment shall be effective at the time it is made, but where any such appointment is
made to fill a vacancy which will occur at a future date, such appointment shall not take
effect until said such date.
(b) Any person appointed to the office of district magistrate judge, as provided in K.S.A.
20-2914 and amendments thereto, shall commence upon the duties of office on the date
such appointment takes effect, and any such person so appointed shall have all the rights,
privileges, powers and duties jurisdiction prescribed by law for the office of district
magistrate judge. Except as otherwise provided in K.S.A. 20-337 and amendments thereto,
any such judge shall be eligible for retention in office in the same manner and under the
same conditions prescribed by law for the retention of district judges in judicial districts
which have approved the proposition of nonpartisan selection of district court judges.
Sec. 5. K.S.A. 22-2902 is hereby amended to read as follows: 22-2902. (1) Every person
arrested on a warrant charging a felony or served with a summons charging a felony shall
have a right to a preliminary examination before a magistrate, unless such warrant has been
issued as a result of an indictment by a grand jury.
(2) The preliminary examination shall be held before a magistrate of a county in which
venue for the prosecution lies within 10 days after the arrest or personal appearance of the
defendant. Continuances may be granted only for good cause shown.
(3) The defendant shall not enter a plea at the preliminary examination. The defendant
shall be personally present and except for witnesses who are children less than 13 years of
age, the witnesses shall be examined in the defendant's presence. The defendant's voluntary
absence after the preliminary examination has been begun in the defendant's presence shall
not prevent the continuation of the examination. Except for witnesses who are children less
than 13 years of age, the defendant shall have the right to cross-examine witnesses against
the defendant and introduce evidence in the defendant's own behalf. If from the evidence
it appears that a felony has been committed and there is probable cause to believe that a
felony has been committed by the defendant, the magistrate shall order the defendant bound
over to the district judge having jurisdiction to try the case; otherwise, the magistrate shall
discharge the defendant. When the victim of the felony is a child less than 13 years of age,
the finding of probable cause as provided in this subsection may be based upon hearsay
evidence in whole or in part presented at the preliminary examination by means of
statements made by a child less than 13 years of age on a videotape recording or by other
means.
(4) If the defendant waives preliminary examination, the magistrate shall order the
defendant bound over to the district judge having jurisdiction to try the case.
(5) Any judge of the district court may conduct a preliminary examination, and a district
judge may preside at the trial of any defendant even though such judge presided at the
preliminary examination of such defendant.
(6) The complaint or information, as filed by the prosecuting attorney pursuant to K.S.A.
22-2905 and amendments thereto, shall serve as the formal charging document at trial.
When a defendant and prosecuting attorney reach agreement on a plea of guilty or nolo
contendere, they the defendant and the prosecuting attorney shall notify the district court
of their such agreement and arrange for a time to plead, pursuant to K.S.A. 22-3210 and
amendments thereto.
(7) The district judge of the district court, when conducting the preliminary
examination, shall have the discretion to conduct arraignment, subject to assignment
pursuant to K.S.A. 20-329 and amendments thereto, at the conclusion of the preliminary
examination.
Sec. 6. K.S.A. 22-3206 is hereby amended to read as follows: 22-3206. (1) A defendant
charged with a felony in an information shall appear for arraignment upon such information
in the district court not later than the next required day of court after the order of the
magistrate binding over the defendant for trial, unless a later time is requested or consented
to by the defendant and approved by the court or unless continued by order of the court.
(2) A defendant charged with a felony in an indictment shall appear for arraignment
upon such indictment in the district court not later than the next required day of court after
arrest upon a warrant issued on the indictment, unless a later time is requested or consented
to by the defendant and approved by the court or unless continued by order of the court.
(3) If the preliminary examination is waived, arraignment shall be conducted at the time
originally scheduled for the preliminary examination if there is available a district judge of
the district court is available, subject to assignment pursuant to K.S.A. 20-329 and
amendments thereto to conduct the arraignment.
(4) In every judicial district, The district judges thereof in every judicial district shall
provide by order for one or more required days of court each month in each county of the
district, at which time a district judge will be personally present at the courthouse for the
purpose of conducting arraignments.
Sec. 7. K.S.A. 22-3602 is hereby amended to read as follows: 22-3602. (a) Except as
otherwise provided, an appeal to the appellate court having jurisdiction of the appeal may
be taken by the defendant as a matter of right from any judgment against the defendant in
the district court and upon appeal any decision of the district court or intermediate order
made in the progress of the case may be reviewed. No appeal shall be taken by the defendant
from a judgment of conviction before a district judge upon a plea of guilty or nolo contendere,
except that jurisdictional or other grounds going to the legality of the proceedings may be
raised by the defendant as provided in K.S.A. 60-1507 and amendments thereto.
(b) Appeals to the supreme court court of appeals may be taken by the prosecution
from cases before a district judge as a matter of right in the following cases, and no others:
(1) From an order dismissing a complaint, information or indictment;
(2) from an order arresting judgment;
(3) upon a question reserved by the prosecution; or
(4) upon an order granting a new trial in any case involving a class A or B felony or for
crimes committed on or after July 1, 1993, in any case involving an off-grid crime.
(c) Appeals to a district judge may be taken by the prosecution from cases before a
district magistrate judge as a matter of right in the cases enumerated in subsection (b) and
from orders enumerated in K.S.A. 22-3603 and amendments thereto.
(d) Any criminal case on appeal to the court of appeals may be transferred to the
supreme court as provided in K.S.A. 20-3016 and 20-3017, and amendments thereto, and
any party to such case may petition the supreme court for review of any decision of the
court of appeals as provided in subsection (b) of K.S.A. 20-3018 and amendments thereto,
except that any such party may appeal to the supreme court as a matter of right in any case
in which a question under the constitution of either the United States or the state of Kansas
arises for the first time as a result of the decision of the court of appeals.
(e) For crimes committed on or after July 1, 1993, an appeal by the prosecution or the
defendant relating to sentences imposed pursuant to a presumptive sentencing guidelines
system as provided in K.S.A. 21-4701 et seq. and amendments thereto, shall be as provided
in K.S.A. 21-4721 and amendments thereto.'';
Also on page 1, in line 37, by striking ``2'' and inserting ``8''; also in line 37, after ``K.S.A.''
by inserting ``20-310b,''; also in line 37, by striking ``is'' and inserting ``, 20-2915, 22-2902,
22-3206 and 22-3602 and K.S.A. 1998 Supp. 20-302b are''; in line 38, by striking ``3'' and
inserting ``9'';
Also on page 1, in the title, in line 9, by striking the second semicolon and inserting ``,
jurisdiction, felony arraignments and''; in line 10, after the semicolon, by inserting ``appeals
by prosecution to the court of appeals;''; also in line 10, after ``K.S.A.'' by inserting ``20-
310b,''; also in line 10, after ``20-334'' by inserting ``, 20-2915, 22-2902, 22-3206 and 22-
3602 and K.S.A. 1998 Supp. 20-302b''; in line 11, by striking ``section'' and inserting
``sections''; and the bill be passed as amended.
Committee on Public Health and Welfare recommends HB 2074, as amended by
House Committee of the Whole, be amended on page 1, after line 16, by inserting the
following:
``Section 1. (a) In order to reorganize the administration and regulation of the state's
policies related to public health, there is hereby established within the executive branch of
government, the Kansas department of health.
(b) The provisions of the Kansas governmental operations accountability law shall apply
to the Kansas department of health, and the department is subject to audit, review and
evaluation under such law.
(c) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 2. (a) The Kansas department of health shall be administered under the direction
and supervision of the secretary of health, who shall be appointed by the governor subject
to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto.
The secretary shall serve at the pleasure of the governor. The secretary of health shall be
in the unclassified service under the Kansas civil service act and shall receive an annual
salary fixed by the governor.
(b) The provisions of the Kansas governmental operations accountability law shall apply
to the office of secretary of health, and the office is subject to audit, review and evaluation
under such law.
(c) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 3. (a) The secretary of health may appoint assistant secretaries and a chief attorney
who shall serve at the pleasure of the secretary. The assistant secretaries and chief attorney
shall be in the unclassified service under the Kansas civil service act and shall receive annual
salaries fixed by the secretary of health and approved by the governor. The secretary of
health also may appoint such other staff assistants, attorneys and employees necessary to
enable the secretary to carry out the duties of the office. Such other staff assistants, attorneys
and employees shall be in the classified service under the Kansas civil service act. Assistant
secretaries, other staff assistants and employees shall have powers, duties and functions as
are assigned to them by the secretary or as prescribed by law. The assistant secretaries, staff
assistants and employees shall act for and exercise the powers of the secretary of health to
the extent authority to do so is delegated by the secretary of health as provided by law. The
secretary of health may appoint one public information officer, one personal secretary and
one special assistant who shall be in the unclassified service under the Kansas civil service
act and shall receive compensation fixed by the secretary of health and approved by the
governor.
(b) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 4. (a) All employees of the department of health and environment as it existed
prior to October 1, 1999, in the health officer II job class and all employees of the
department of health created pursuant to this act in the health officer II job class, or any
successor job class that may be approved under K.S.A. 75-2938, and amendments thereto,
which has substantially the same duties and responsibilities shall be in the unclassified
service under the Kansas civil service act.
(b) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 5. (a) The secretary of health may create advisory committees. Members of such
advisory committees shall receive compensation in an amount determined by the secretary
and approved by the finance council.
(b) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 6. (a) The secretary of health shall adopt all general policies and rules and
regulations relating to all forms of health which are administered or supervised by or under
the department of health.
(b) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 7. (a) Except as otherwise provided by law, the secretary of health shall have the
legal custody of all records, memoranda, writings, entries, prints, representations or
combinations thereof, of any action, transaction, occurrence or event of the department of
health.
(b) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 8. (a) The secretary of health may contract for the services of persons who are not
officers or employees of the department of health to act as hearing officers on behalf of the
secretary of health in conducting hearings authorized by law to be conducted by a hearing
officer designated by the secretary. Compensation for a person employed as a hearing officer
pursuant to a contract under this section shall be fixed by the provisions of the contract.
(b) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 9. (a) In order to reorganize the administration and regulation of the state's policies
related to the environment, there is hereby established within the executive branch of
government, the Kansas department of environment.
(b) The provisions of the Kansas governmental operations accountability law shall apply
to the department of environment, and the department is subject to audit, review and
evaluation under such law.
(c) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 10. (a) The Kansas department of environment shall be administered under the
direction and supervision of the secretary of environment, who shall be appointed by the
governor subject to confirmation by the senate as provided in K.S.A. 75-4315b, and
amendments thereto. The secretary shall serve at the pleasure of the governor. The secretary
of environment shall be in the unclassified service under the Kansas civil service act and
shall receive an annual salary fixed by the governor.
(b) The provisions of the Kansas governmental operations accountability law shall apply
to the office of secretary of environment, and the office is subject to audit, review and
evaluation under such law.
(c) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 11. (a) The secretary of environment may appoint assistant secretaries and a chief
attorney who shall serve at the pleasure of the secretary. The assistant secretaries and chief
attorney shall be in the unclassified service under the Kansas civil service act and shall
receive annual salaries fixed by the secretary of environment and approved by the governor.
The secretary of environment also may appoint such other staff assistants, attorneys and
employees necessary to enable the secretary to carry out the duties of the office. Such other
staff assistants, attorneys and employees shall be in the classified service under the Kansas
civil service act. Assistant secretaries, other staff assistants and employees shall have powers,
duties and functions as are assigned to them by the secretary or as prescribed by law. The
assistant secretaries, staff assistants and employees shall act for and exercise the powers of
the secretary of environment to the extent authority to do so is delegated by the secretary
of environment as provided by law. The secretary of environment may appoint one public
information officer, one personal secretary and one special assistant who shall be in the
unclassified service under the Kansas civil service act and shall receive compensation fixed
by the secretary of environment and approved by the governor.
(b) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 12. (a) The secretary of environment may create advisory committees. Members
of such advisory committees shall receive compensation in an amount determined by the
secretary and approved by the finance council.
(b) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 13. (a) The secretary of environment shall adopt all general policies and rules and
regulations relating to all forms of environment which are administered or supervised by or
under the department of environment.
(b) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 14. (a) Except as otherwise provided by law, the secretary of environment shall
have the legal custody of all records, memoranda, writings, entries, prints, representations
or combinations thereof, of any action, transaction, occurrence or event of the department
of environment.
(b) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 15. (a) The secretary of environment may contract for the services of persons who
are not officers or employees of the department of environment to act as hearing officers
on behalf of the secretary of environment in conducting hearings authorized by law to be
conducted by a hearing officer designated by the secretary. Compensation for a person
employed as a hearing officer pursuant to a contract under this section shall be fixed by the
provisions of the contract.
(b) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 16. (a) The Kansas department of health and environment and the secretary of
health and environment created by K.S.A. 75-5601, and amendments thereto, are hereby
abolished.
(b) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 17. (a) The division of health established pursuant to K.S.A. 75-5603, and
amendments thereto, and the position of director of the division of health are hereby
abolished.
(b) Except as otherwise provided by this act, all powers, duties and functions of the
existing division of health and the existing director of the division of health are hereby
transferred to and conferred and imposed upon the secretary of health established by this
act.
(c) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 18. (a) The division of environment established pursuant to K.S.A. 75-5605, and
amendments thereto, and the position of director of the division of environment are hereby
abolished.
(b) Except as otherwise provided by this act, all powers, duties and functions of the
existing division of environment and the existing director of the division of environment are
hereby transferred to and conferred and imposed upon the secretary of environment
established by this act.
(c) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 19. (a) Except as otherwise provided by this act, whenever the Kansas department
of health and environment or words of like effect is referred to or designated by a statute,
contract or other document, such reference or designation shall be deemed to apply to the
Kansas department of health or the Kansas department of environment as established by
this act. If any conflict arises as to whether the department of health or department of
environment is being designated or referenced, such conflict shall be resolved by the
governor whose decision shall be final.
(b) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 20. (a) All rules and regulations of the secretary of health and environment in
existence on the effective date of this act shall continue to be effective and shall be deemed
to be duly adopted rules and regulations of the secretary of health or the secretary of
environment established by this act until amended or revoked pursuant to law. The
determination of which rules and regulations shall be administered by the secretary of health
or the secretary of environment shall be made based upon the terms of this act. If any
conflict arises as to the responsibility for enforcement or administration of rules and
regulations of the secretary of health and environment, such conflict shall be resolved by
the governor whose decision shall be final.
(b) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 21. (a) All certificates, permits, licenses, orders and directives of the Kansas
department of health and environment or the secretary of health and environment in
existence on the effective date of this act shall continue to be effective and shall be deemed
to be the certificates, permits, licenses, orders and directives of either the secretary of health
or the secretary of environment until amended or revoked pursuant to law. The
determination as to whether the certificates, permits, licenses, orders and directives of the
Kansas department of health and environment or the secretary of health and environment
shall be the responsibility of the secretary of health or the secretary of environment shall
be determined pursuant to the provisions of this act. If any conflict arises as to the
responsibility for such certificates, permits, licenses, orders and directives, the conflict shall
be resolved by the governor whose decision shall be final.
(b) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 22. (a) The Kansas department of health and the Kansas department of
environment and the secretary of health and the secretary of environment established by
this act respectively shall be continuations of the Kansas department of health and
environment, the secretary of health and environment, the director of the division of health
and the director of the division of environment.
(b) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 23. (a) Except as otherwise provided in this act, on the effective date of this act
officers and employees who, immediately prior to such date, were engaged in the
performance of powers, duties or functions of any state agency or office which is abolished
by this act or which becomes a part of the department of health or the powers, duties and
functions of which are transferred to the secretary of health and who in the opinion of the
secretary of health are necessary to perform the powers, duties and functions of the Kansas
department of health shall be transferred to and shall become officers and employees of the
Kansas department of health. Any such officer or employee shall retain all retirement
benefits and all rights of civil service which have accrued to or vested in such officer or
employee prior to the effective date of this act. The service of each such officer and
employee so transferred shall be deemed to have been continuous. If a conflict arises as to
whether an officer or employee shall be assigned to the Kansas department of health or the
Kansas department of environment, such conflict shall be resolved by the governor whose
decision shall be final.
(b) Nothing in this act shall affect the classified status of any person employed as a
classified employee of the department of health and environment on the day immediately
preceding the effective date of this section and the unclassified status shall apply only to
persons appointed to such positions on and after the effective date of this section.
(c) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 24. (a) Except as otherwise provided in this act, on the effective date of this act
officers and employees who, immediately prior to such date, were engaged in the
performance of powers, duties or functions of any state agency or office which is abolished
by this act or which becomes a part of the department of environment or the powers, duties
and functions of which are transferred to the secretary of environment and who in the
opinion of the secretary of environment are necessary to perform the powers, duties and
functions of the Kansas department of environment shall be transferred to and shall become
officers and employees of the Kansas department of environment. Any such officer or
employee shall retain all retirement benefits and all rights of civil service which have accrued
to or vested in such officer or employee prior to the effective date of this act. The service
of each such officer and employee so transferred shall be deemed to have been continuous.
If a conflict arises as to whether an officer or employee shall be assigned to the Kansas
department of health or the Kansas department of environment, such conflict shall be
resolved by the governor whose decision shall be final.
(b) Nothing in this act shall affect the classified status of any person employed as a
classified employee of the department of health and environment on the day immediately
preceding the effective date of this section and the unclassified status shall apply only to
persons appointed to such positions on and after the effective date of this section.
(c) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 25. (a) Except as otherwise provided in this act, the Kansas department of health
shall succeed to all contracts, property, property rights and records which were used for or
pertain to the performance of the powers, duties and functions transferred to the secretary
of health. Except as provided in this act, the Kansas department of environment shall
succeed to all contracts, property, property rights and records which were used for or pertain
to the performance of the powers, duties and functions transferred to the secretary of
environment. If any conflict as to the proper disposition of contracts, property, property
rights or records arising under this act and resulting from the transfer, attachment or
abolition of any state agency or office or all or part of the powers, duties and functions, such
conflict shall be resolved by the governor whose decision shall be final.
(b) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 26. (a) No suit, action or other proceeding, judicial or administrative, lawfully
commenced or which could have been commenced by or against any state agency abolished
in this act or by or against any officer of the state in such officer's official capacity or in
relation to the discharge of such officer's official duties shall abate by reason of the
governmental reorganization under the provisions of this act. The court may allow any such
suit, action or other proceeding to be maintained by or against the successor of such state
agency or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state
shall abate by reason of the governmental reorganization under the provisions of this act.
(c) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 27. (a) The balance of all funds appropriated and reappropriated to any state
agency abolished by this act is hereby transferred to either the Kansas department of health
or the Kansas department of environment and shall be used only for the purpose for which
the appropriation was originally made. The determination of whether particular funds shall
be transferred to the department of health or to the department of environment shall be
made pursuant to the terms of this act. If any conflict arises as to the proper disposition of
funds, such conflict shall be resolved by the governor whose decision shall be final.
(b) On the effective date of this act, the liability for all accrued compensation or salaries
of officers and employees who, immediately prior to such date, were engaged in the
performance of powers, duties or functions of any state agency or office abolished by this
act or which becomes a part of the Kansas department of health or the Kansas department
of environment established by this act or the powers, duties and functions which are
transferred to the secretary of health or the secretary of environment provided for by this
act shall be assumed and paid by the Kansas department of health or the Kansas department
of environment. The determination as to which department shall be liable for particular
accrued compensation or salaries shall be made pursuant to the terms of this act. If any
conflict arises as to which agency shall be responsible for particular accrued compensation
or salaries, such conflict shall be resolved by the governor whose decision shall be final.
(c) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 28. (a) The secretary of health may organize the department of health in the
manner deemed most efficient, so long as the same is not in conflict with law. The assistant
secretaries, staff assistants and employees shall perform such duties and exercise such
powers as prescribed by law and such other duties as the secretary of health prescribes.
Such assistant secretaries shall act for, and exercise the powers of the secretary of health to
the extent authority to do so is delegated by the secretary of health. Personnel of the division
shall perform such duties and exercise such powers as the assistant secretary or the head of
the division may prescribe and such duties and powers as prescribed by law. Personnel of
the division shall act for, and exercise the powers of their assistant secretary or division head
to the extent authority to do so is delegated by the assistant secretary or division head.
(b) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 29. (a) The secretary of environment may organize the department of environment
in the manner deemed most efficient, so long as the same is not in conflict with law. The
assistant secretaries, staff assistants and employees shall perform such duties and exercise
such powers as prescribed by law and such other duties as the secretary of environment
prescribes. Such assistant secretaries shall act for, and exercise the powers of the secretary
of environment to the extent authority to do so is delegated by the secretary of environment.
Personnel of the division shall perform such duties and exercise such powers as the assistant
secretary or the head of the division may prescribe and such duties and powers as prescribed
by law. Personnel of the division shall act for, and exercise the powers of their assistant
secretary or division head to the extent authority to do so is delegated by the assistant
secretary or division head.
(b) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 30. The governor and the secretary of health and environment shall prepare a
transition plan to provide for the separation of duties into the department of health and the
department of environment pursuant to the provisions of this act.
Sec. 31. (a) The Kansas department of health created pursuant to section 1, and
amendments thereto, and the office of secretary of health, created by section 2, and
amendments thereto, hereby are subjected to audit under the Kansas governmental
operations accountability law, and to review and evaluation during the 2004 regular session
of the legislature, or such other regular session of the legislature designated by the legislative
post audit committee in accordance with the provisions of subsection (c) of K.S.A. 74-7285,
and amendments thereto.
(b) The provisions of this section shall be effective on and after October 1, 1999.
Sec. 32. (a) The Kansas department of environment created pursuant to section 9, and
amendments thereto, and the office of secretary of environment, created by section 10, and
amendments thereto, hereby are subjected to audit under the Kansas governmental
operations accountability law, and to review and evaluation during the 2004 regular session
of the legislature, or such other regular session of the legislature designated by the legislative
post audit committee in accordance with the provisions of subsection (c) of K.S.A. 74-7285,
and amendments thereto.
(b) The provisions of this section shall be effective on and after October 1, 1999.'';
And by renumbering sections accordingly;
On page 5, after line 32, by inserting the following:
``Sec. 39. On or before January 8, 2001, the secretary of health shall report to the
legislature concerning the impact of the changes made to K.S.A. 65-6001 et seq. by sections
33 to 38, inclusive, of this act. On July 1, 2001, the provisions of K.S.A. 65-6001 to 65-6010,
inclusive, and amendments thereto, are hereby repealed.
Sec. 40. On and after October 1, 1999, K.S.A. 75-5601, 75-5602, 75-5603, 75-5604, 75-
5605, 75-5606, 75-5607, 75-5608, 75-5609, 75-5610, 75-5610a, 75-5611, 75-5611a, 75-5612,
75-5613, 75-5616, 75-5617, 75-5618, 75-5619, 75-5620, 75-5621, 75-5622, 75-5623, 75-
5624, 75-5625 and section 30 of this act and K.S.A. 1998 Supp. 74-72,102 are hereby
repealed.'';
And by renumbering sections accordingly;
Also on page 5, in line 36, by striking ``statute book'' and inserting ``Kansas register'';
On page 1, in the title, in line 12, after ``ACT'' by inserting ``concerning the department
of health and environment; abolishing the department of health and environment, the
division of health and the division of environment; creating the department of health and
the department of environment;'';in line 14, before the period, by inserting ``; also repealing
K.S.A. 75-5601, 75-5602, 75-5603, 75-5604, 75-5605, 75-5606, 75-5607, 75-5608, 75-5609,
75-5610, 75-5610a, 75-5611, 75-5611a, 75-5612, 75-5613, 75-5616, 75-5617, 75-5618, 75-
5619, 75-5620, 75-5621, 75-5622, 75-5623, 75-5624, 75-5625, section 30 of this act and
K.S.A. 1998 Supp. 74-72,102''; and the bill be passed as amended.
Also HB 2168, as amended by House Committee, be amended on page 3, in line 42,
before the period, by inserting ``or pursuant to the prescription of a mid-level practitioner'';
On page 6, in line 33, before the period, by inserting ``or mid-level practitioner'';
On page 7, in line 38, after ``to'' where it appears for the last time by inserting ``a''; in line
40, before the period, by inserting ``or a physician's assistant registered pursuant to K.S.A.
65-2896a and amendments thereto who has authority to prescribe drugs pursuant to a
written protocol with a responsible physician under K.S.A. 65-2896e and amendments
thereto'';
On page 8, in line 29, before the period, by inserting ``, or pursuant to the prescription
of a mid-level practitioner'';
On page 11, in line 22, after ``to'' where it appears for the last time by inserting ``a''; in
line 23, before the period, by inserting ``or a physician's assistant registered pursuant to
K.S.A. 65-2896a and amendments thereto who has authority to prescribe drugs pursuant to
a written protocol with a responsible physician under K.S.A. 65-2896e and amendments
thereto''; by striking all in lines 24 and 25 and inserting in lieu thereof the following:
``Sec. 4. K.S.A. 21-4214 is hereby amended to read as follows: 21-4214. (a) Obtaining
a prescription-only drug by fraudulent means is the:
(1) Making, altering or signing of a prescription order by a person other than a
practitioner or a mid-level practitioner; or
(2) delivery of a prescription order, knowing it to have been made, altered or signed by
a person other than a practitioner or a mid-level practitioner; or
(3) possession of a prescription order with intent to deliver it and knowing it to have
been made, altered or signed by a person other than a practitioner or a mid-level
practitioner; or
(4) possession of a prescription-only drug knowing it to have been obtained pursuant to
a prescription order made, altered or signed by a person other than a practitioner or a mid-
level practitioner; or
(5) providing false information to a practitioner or mid-level practitioner for the purpose
of obtaining a prescription-only drug.
(b) (1) Obtaining a prescription-only drug by fraudulent means is a class A nonperson
misdemeanor for the first offense.
(2) Obtaining a prescription-only drug by fraudulent means is a severity level 9,
nonperson felony for a second or subsequent offense.
(c) As used in this section:
(1) ``Pharmacist,'' ``practitioner'' ``practitioner,'' ``mid-level practitioner'' and
``prescription-only drug'' shall have the meanings ascribed thereto by K.S.A. 65-1626 and
amendments thereto.
(2) ``Prescription order'' means a written, oral or telephonic order for a prescription-
only drug to be filled by a pharmacist. ``Prescription order'' does not mean a drug dispensed
pursuant to such an order.
(d) The provisions of this section shall not be applicable to prosecutions involving
prescription-only drugs which could be brought under the uniform controlled substances
act and to which the provisions of K.S.A. 65-4127a or 65-4127b, or K.S.A. 1995 Supp. 65-
4160 through 65-4164 and amendments thereto, would be applicable.
(e) This section shall be part of and supplemental to the Kansas criminal code.
Sec. 5. K.S.A. 39-7,117 is hereby amended to read as follows: 39-7,117. (a) A
practitioner or a mid-level practitioner as defined in subsection (ii) of K.S.A. 65-1626 and
amendments thereto may prescribe prescription-only drugs in accordance with this section
that, in the professional judgment of the practitioner or mid-level practitioner and within
the lawful scope of the practitioner's or mid-level practitioner's practice, the practitioner or
mid-level practitioner considers appropriate for the diagnosis and treatment of a patient.
The department of social and rehabilitation services shall not maintain a restrictive drug
formulary under the medicaid program that restricts a physician's ability to treat a patient
with a drug that has been approved and designated as safe and effective by the federal food
and drug administration, except that the department may limit reimbursement for a
prescription-only drug upon the recommendation of the drug utilization review committee
and only upon a finding that the drug is unsafe or is being prescribed contrary to the federally
approved guidelines. Drugs used for cosmetic purposes, fertility drugs, anorexic drugs, non-
legend (over the counter) drugs, and drugs for which there is no federal financial
participation shall be exempt from the provisions of this section, except that the department
is authorized to include drugs from these categories for reimbursement based upon
recommendations of the drug utilization review committee which may include prior
authorization requirements to control use.
(b) Nothing in this section shall limit the authority of the department to reimburse for
multisource prescription-only drugs in accordance with state and federal law, including state
maximum allowable cost and federal upper limit requirements of the health care financing
administration.
(c) The provisions of this section shall be effective on and after April 15, 1992, by further
authorization by a concurrent resolution approved by a majority of all members elected (or
appointed) and qualified of each house of the legislature and shall not be effective prior to
that date.
Sec. 6. K.S.A. 1998 Supp. 40-2123 is hereby amended to read as follows: 40-2123. (a)
The plan shall offer coverage to every eligible person pursuant to which such person's
covered expenses shall be indemnified or reimbursed subject to the provisions of K.S.A. 40-
2124 and amendments thereto.
(b) Except for those expenses set forth in subsection (c) of this section, expenses covered
under the plan shall include expenses for:
(1) Services of persons licensed to practice medicine and surgery which are medically
necessary for the diagnosis or treatment of injuries, illnesses or conditions;
(2) services of advanced registered nurse practitioners who hold a certificate of
qualification from the board of nursing to practice in an expanded role or physicians
assistants acting under the direction of a responsible physician when such services are
provided at the direction of a person licensed to practice medicine and surgery and meet
the requirements of paragraph (b)(1) above;
(3) services of licensed dentists when such procedures would otherwise be performed
by persons licensed to practice medicine and surgery;
(4) emergency care, surgery and treatment of acute episodes of illness or disease as
defined in the plan and provided in a general hospital or ambulatory surgical center as such
terms are defined in K.S.A. 65-425, and amendments thereto;
(5) medically necessary diagnostic laboratory and x-ray services;
(6) drugs and controlled substances prescribed by a practitioner, as defined in
subsection (x) of K.S.A. 65-1626 and amendments thereto, or drugs and controlled
substances prescribed by a mid-level practitioner as defined in subsection (ii) of K.S.A. 65-
1626 and amendments thereto. Coverage for outpatient prescriptions shall be subject to a
mandatory 50% coinsurance provision, and coverage for prescriptions administered to
inpatients shall be subject to a coinsurance provision as established in the plan; and
(7) subject to the approval of the commissioner, the board shall also review and
recommend the inclusion of coverage for mental health services and such other primary
and preventive health care services as the board determines would not materially impair
affordability of the plan.
(c) Expenses not covered under the plan shall include expenses for:
(1) Illness or injury due to an act of war;
(2) services rendered prior to the effective date of coverage under this plan for the
person on whose behalf the expense is incurred;
(3) services for which no charge would be made in the absence of insurance or for which
the insured bears no legal obligation to pay;
(4) (A) services or charges incurred by the insured which are otherwise covered by:
(i) Medicare or state law or programs;
(ii) medical services provided for members of the United States armed forces and their
dependents or for employees of such armed forces;
(iii) military service-connected disability benefits;
(iv) other benefit or entitlement programs provided for by the laws of the United States
(except title XIX of the social security act of 1965);
(v) workers compensation or similar programs addressing injuries, diseases, or
conditions incurred in the course of employment covered by such programs;
(vi) benefits payable without regard to fault pursuant to any motor vehicle or other
liability insurance policy or equivalent self-insurance.
(B) This exclusion shall not apply to services or charges which exceed the benefits
payable under the applicable programs listed above and which are otherwise eligible for
payment under this section.
(5) Services the provision of which is not within the scope of the license or certificate
of the institution or individual rendering such service;
(6) that part of any charge for services or articles rendered or prescribed which exceeds
the rate established by K.S.A. 40-2131 and amendments thereto for such services;
(7) services or articles not medically necessary;
(8) care which is primarily custodial or domiciliary in nature;
(9) cosmetic surgery unless provided as the result of an injury or medically necessary
surgical procedure;
(10) eye surgery if corrective lenses would alleviate the problem;
(11) experimental services or supplies not generally recognized as the normal mode of
treatment for the illness or injury involved;
(12) service of a blood donor and any fee for failure of the insured to replace the first
three pints of blood provided in each calendar year; and
(13) personal supplies or services provided by a health care facility or any other
nonmedical or nonprescribed supply or service.
(d) Except as expressly provided for in this act, no law requiring the coverage or the
offer of coverage of a health care service or benefit shall apply to the plan.
(e) A plan may incorporate provisions that will direct covered persons to the most
appropriate lowest cost health care provider available.
Sec. 7. K.S.A. 1998 Supp. 60-4403 is hereby amended to read as follows: 60-4403. (a)
A licensed health care professional who administers, prescribes or dispenses medications or
procedures to relieve another person's pain or discomfort, even if the medication or
procedure may hasten or increase the risk of death, does not violate K.S.A. 21-3406 and
amendments thereto unless the medications or procedures are knowingly administered,
prescribed or dispensed with the intent to cause death. A mid-level practitioner as defined
in subsection (ii) of K.S.A. 65-1626 and amendments thereto who prescribes medications or
procedures to relieve another person's pain or discomfort, even if the medication or
procedure may hasten or increase the risk of death, does not violate K.S.A. 21-3406 and
amendments thereto unless the medications or procedures are knowingly prescribed with
the intent to cause death.
(b) A licensed health care professional, family member or other legally authorized
person who participates in the act of, or the decision making process which results in the
withholding or withdrawal of a life-sustaining procedure does not violate K.S.A. 21-3406
and amendments thereto.
(c) Providing spiritual treatment through prayer alone, in lieu of medical treatment,
does not violate K.S.A. 21-3406 and amendments thereto.
Sec. 8. K.S.A. 65-669 is hereby amended to read as follows: 65-669. A drug or device
shall be deemed to be misbranded:
(a) If its labeling is false or misleading in any particular.
(b) If in package form unless it bears a label containing: (1) the name and place of
business of the manufacturer, the packer or the distributor, except that in the case of a
prescription drug it shall bear the name and place of business of the person responsible for
the production of the finished dosage form of the drug, the packer and the distributor;
except that nothing in clause (1) of this paragraph shall be construed to apply to wholesalers
and the requirement of clause (1) shall be satisfied by stating such information on the label
of the drug and filing a statement with such information with the secretary which shall be
made available by the secretary on request to local, public and private health agencies,
poison control centers, licentiates of the healing arts, the state board of pharmacy, consumers
and others to promote the purposes of this act; in no event, however, shall the label contain
less information than required under federal law; and (2) an accurate statement of the
quantity of the contents in terms of weight, measure, or numerical count, except that under
clause (2) of this paragraph reasonable variations shall be permitted and exemptions as to
small packages shall be allowed, in accordance with regulations prescribed by the secretary,
or issued under the federal act.
(c) If any word, statement, or other information required by or under authority of this
act to appear on the label or labeling is not prominently placed thereon with such
conspicuousness (as compared with other words, statements, designs or devices, in the
labeling) and in such terms as to render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use.
(d) If it is for use by man and contains any quantity of narcotic or hypnotic substance
alpha-eucaine, barbituric acid, beta-eucaine, bromal, cannabis, carbromal, chloral, coca,
cocaine, codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote, or
sulphonmethane, or any chemical derivative of such substance, which derivative has been
by the secretary after investigation, found to be, and by regulations under this act, or by
regulations issued pursuant to 21 U.S.C. 352 (d), designated as, habit forming, unless its
label bears the name and quantity or proportion of such substance or derivative and in
juxtaposition therewith the statement ``warning-may be habit forming.''
(e) (1) If it is a drug, unless its label bears, to the exclusion of any other nonproprietary
name (except the applicable systematic chemical name or the chemical formula), (i) the
established name (as defined in subparagraph (2)) of the drug, if such there be; and (ii) in
case it is fabricated from two or more ingredients, the established name of each active
ingredient, including the kind and quantity of proportion of any alcohol, and also including,
whether active or not, the established name and quantity or proportion of any bromides,
ether, chloroform, acetanilid, acetphenetidin, amidopyrine, antipyrine, atropine, hyoscine,
hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin,
strychnine, thyroid, or any derivative or preparation of any such substances, contained
therein. The requirements for stating the quantity of the active ingredients, other than the
quantity of those specifically named in this paragraph, shall apply only to prescription drugs.
To the extent that compliance with the requirements of clause (ii) of this subparagraph is
impracticable, exemptions shall be allowed under regulations promulgated by the secretary,
or under the federal act.
(2) As used in this paragraph (e), the term ``established name,'' with respect to a drug
or ingredient thereof, means (A) the applicable official name designated pursuant to 21
U.S.C. 358, or (B) if there is no such name and such drug, or such ingredient, is an article
recognized in an official compendium, then the official title thereof in such compendium
or (C) if neither clause (A) nor clause (B) of this subparagraph applies, then the common
or usual name, if any, of such drug or of such ingredient. Where clause (B) of this
subparagraph applies to an article recognized in the United States pharmacopoeia and in
the homeopathic pharmacopoeia under different official titles, the official title used in the
United States pharmacopoeia shall apply unless it is labeled and offered for sale as a
homeopathic drug, in which case the official title used in the homeopathic pharmacopoeia
shall apply.
(f) Unless its labeling bears (1) adequate directions for use; and (2) such adequate
warning against use in those pathological conditions or by children where its use may be
dangerous to health, or against unsafe dosage or methods or duration of administration or
application, in such manner and form, as are necessary for the protection of users. Where
any requirement of clause (1) of this paragraph, as applied to any drug or device, is not
necessary for the protection of the public health, the secretary shall promulgate regulations
exempting such drug or device from such requirements. Articles exempted under regulations
issued under 21 U.S.C. 352 (f) may also be exempt.
(g) If it purports to be a drug the name of which is recognized in an official compendium,
unless it is packaged and labeled as prescribed therein. The method of packing may be
modified with the consent of the secretary, or if consent is obtained under the federal act.
Whenever a drug is recognized in both the United States pharmacopoeia and the
homeopathic pharmacopoeia of the United States, it shall be subject to the requirements
of the United States pharmacopoeia with respect to the packaging and labeling unless it is
labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the
provisions of the homeopathic pharmacopoeia of the United States, and not to those of the
United States pharmacopoeia. In the event of inconsistency between the requirements of
this paragraph and those of paragraph (e) as to the name by which the drug or its ingredients
shall be designated, the requirements of paragraph (e) shall prevail.
(h) If it has been found by the secretary or under the federal act to be a drug liable to
deterioration, unless it is packed in such form and manner, and its label bears a statement
of such precautions, as the regulations adopted by the secretary require as necessary for the
protection of public health. No such regulations shall be established for any drug recognized
in an official compendium until the secretary shall have informed the appropriate body
charged with the revision of such compendium of the need for such packaging or labeling
requirements and such body shall have failed within a reasonable time to prescribe such
requirements.
(i) (1) If it is a drug and its container is so made, formed, or filled as to be misleading;
or (2) if it is an imitation of another drug; or (3) if it is offered for sale under the name of
another drug.
(j) If it is dangerous to health when used in the dosage, or with the frequency of duration
prescribed, recommended, or suggested in the labeling thereof.
(k) If it is, or purports to be, or is represented as a drug composed wholly or partly of
insulin, unless (1) it is from a batch with respect to which a certificate or release has been
issued pursuant to 21 U.S.C. 356, and (2) such certificate or release is in effect with respect
to such drug.
(l) If it is, or purports to be, or is represented as a drug composed wholly or partly of
any kind of penicillin, streptomycin, chlortetracycline, chloramphenicol, bacitracin, or any
other antibiotic drug, or any derivative thereof, unless (1) it is from a batch with respect to
which a certificate or release has been issued pursuant to 21 U.S.C. 357, and (2) such
certificate or release is in effect with respect to such drug. This paragraph shall not apply
to any drug or class of drugs exempted by regulations promulgated under 21 U.S.C. 357 (c)
or (d). For the purpose of this subsection the term ''antibiotic drug`` means any drug
intended for use by man containing any quantity of any chemical substance which is
produced by a microorganism and which has the capacity to inhibit or destroy
microorganisms in dilute solution (including the chemically synthesized equivalent of any
such substance).
(m) If it is a color additive, the intended use of which in or on drugs is for the purpose
of coloring only, unless its packaging and labeling are in conformity with such packaging
and labeling requirements applicable to such color additive, prescribed under the provisions
of K.S.A. 65-667 or of the federal act.
(n) In the case of any prescription drug distributed or offered for sale in this state,
unless the manufacturer, packer, or distributor thereof includes in all advertisements and
other descriptive printed matter issued or caused to be issued by the manufacturer, packer,
or distributor with respect to that drug a true statement of (1) the established name, as
defined in subsection (e) (2) of this section, (2) the formula showing quantitatively each
ingredient of such drug to the extent required for labels under 21 U.S.C. 352 (e), and (3)
such other information in brief summary relating to side effects, contraindications, and
effectiveness as shall be required in regulations issued under the federal act.
(o) If a trademark, trade name or other identifying mark, imprint or device of another
or any likeness of the foregoing has been placed thereon or upon its container with intent
to defraud.
(p) Drugs and devices which are, in accordance with the practice of the trade, to be
processed, labeled or repacked in substantial quantities at establishments other than those
where originally processed or packed shall be exempt from any labeling or packaging
requirements of this act if such drugs and devices are being delivered, manufactured,
processed, labeled, repacked or otherwise held in compliance with regulations issued by the
secretary or under the federal act.
(q) A drug intended for use by man which (A) is a habit-forming drug to which K.S.A.
65-668 applies; or (B) because of its toxicity or other potentiality for harmful effect, or the
method of its use, or the collateral measures necessary to its use, is not safe for use except
under the supervision of a practitioner licensed by law to administer such drug; or (C) is
limited by an approved application under 21 U.S.C. 355 or K.S.A. 65-669a to use under the
professional supervision of a practitioner licensed by law to administer such drug, shall be
dispensed only (i) upon a written prescription of a practitioner licensed by law to administer
such drug or upon the written prescription of a mid-level practitioner as defined in subsection
(ii) of K.S.A. 65-1626 and amendments thereto, or (ii) upon an oral prescription of such
practitioner or mid-level practitioner which is reduced promptly to writing and filed by the
pharmacist, or (iii) by refilling, any such written or oral prescription if such refilling is
authorized by the prescriber either in the original prescription or by oral order which is
reduced promptly to writing and filed by the pharmacist. The act of dispensing a drug
contrary to the provisions of this paragraph shall be deemed to be an act which results in a
drug being misbranded while held for sale.
(r) Any drug dispensed by filling or refilling a written or oral prescription of a
practitioner licensed by law to administer such drug or by filling or refilling a written or
oral prescription of a mid-level practitioner as defined in subsection (ii) of K.S.A. 65-1626
and amendments thereto shall be exempt from the requirements of this section, except
subsections (a), (i) (2) and (3), (k), and (l), and the packaging requirements of subsections
(g) and (h), if the drug bears a label containing the name and address of the dispenser, the
serial number and date of the prescription or of its filling, the name of the prescriber and,
if stated in the prescription, the name of the patient, and the directions for use and
cautionary statements, if any, contained in such prescription. This exemption shall not apply
to any drug dispensed in the course of the conduct of a business of dispensing drugs pursuant
to diagnosis by mail, or to a drug dispensed in violation of paragraph (q) of this section.
(s) The secretary may, by regulation, remove drugs subject to subsection (d) of this
section and K.S.A. 65-669a from the requirements of paragraph (q) of this section when
such requirements are not necessary for the protection of the public health. Drugs removed
from the prescription requirements of the federal act by regulations issued thereunder may
also, by regulations issued by the secretary, be removed from the requirements of paragraph
(q) of this section.
(t) A drug which is subject to paragraph (q) of this section shall be deemed to be
misbranded if at any time prior to dispensing its label fails to bear the statement ``caution:
federal law prohibits dispensing without prescription,'' or ``caution: state law prohibits
dispensing without prescription.'' A drug to which paragraph (q) of this section does not
apply shall be deemed to be misbranded if at any time prior to dispensing its label bears
the caution statement quoted in the preceding sentence.
(u) Nothing in this section shall be construed to relieve any person from any
requirement prescribed by or under authority of law with respect to drugs now included or
which may hereafter be included within the classifications of narcotic drugs or marijuana
as defined in the applicable federal and state laws relating to narcotic drugs and marijuana.
Sec. 9. K.S.A. 1998 Supp. 65-1627 is hereby amended to read as follows: 65-1627. (a)
The board may revoke, suspend, place in a probationary status or deny a renewal of any
license of any pharmacist upon a finding that:
(1) The license was obtained by fraudulent means;
(2) the licensee has been convicted of a felony and the licensee fails to show that the
licensee has been sufficiently rehabilitated to warrant the public trust;
(3) the licensee is found by the board to be guilty of unprofessional conduct or
professional incompetency;
(4) the licensee is addicted to the liquor or drug habit to such a degree as to render the
licensee unfit to practice the profession of pharmacy;
(5) the licensee has violated a provision of the federal or state food, drug and cosmetic
act, the uniform controlled substances act of the state of Kansas, or any rule and regulation
adopted under any such act;
(6) the licensee is found by the board to have filled a prescription not in strict accordance
with the directions of the practitioner or a mid-level practitioner;
(7) the licensee is found to be mentally or physically incapacitated to such a degree as
to render the licensee unfit to practice the profession of pharmacy;
(8) the licensee has violated any of the provisions of the pharmacy act of the state of
Kansas or any rule and regulation adopted by the board pursuant to the provisions of such
pharmacy act;
(9) the licensee has failed to comply with the requirements of the board relating to the
continuing education of pharmacists;
(10) the licensee as a pharmacist in charge or consultant pharmacist under the provisions
of subsection (c) or (d) of K.S.A. 65-1648 and amendments thereto has failed to comply
with the requirements of subsection (c) or (d) of K.S.A. 65-1648 and amendments thereto;
(11) the licensee has knowingly submitted a misleading, deceptive, untrue or fraudulent
misrepresentation on a claim form, bill or statement;
(12) the licensee has had a license to practice pharmacy revoked, suspended or limited,
has been censured or has had other disciplinary action taken, or voluntarily surrendered the
license after formal proceedings have been commenced, or has had an application for license
denied, by the proper licensing authority of another state, territory, District of Columbia or
other country, a certified copy of the record of the action of the other jurisdiction being
conclusive evidence thereof; or
(13) the licensee has self-administered any controlled substance without a practitioner's
prescription order. or a mid-level practitioner's prescription order; or
(14) the licensee has assisted suicide in violation of K.S.A. 21-3406 and amendments
thereto as established by any of the following:
(A) A copy of the record of criminal conviction or plea of guilty for a felony in violation
of K.S.A. 21-3406 and amendments thereto.
(B) A copy of the record of a judgment of contempt of court for violating an injunction
issued under K.S.A. 1998 Supp. 60-4404 and amendments thereto.
(C) A copy of the record of a judgment assessing damages under K.S.A. 1998 Supp. 60-
4405 and amendments thereto.
(b) In determining whether or not the licensee has violated subsection (a)(3), (a)(4),
(a)(7) or (a)(13), the board upon reasonable suspicion of such violation has authority to
compel a licensee to submit to mental or physical examination or drug screen, or any
combination thereof, by such persons as the board may designate. To determine whether
reasonable suspicion of such violation exists, the investigative information shall be presented
to the board as a whole. Information submitted to the board as a whole and all reports,
findings and other records shall be confidential and not subject to discovery by or release
to any person or entity. The licensee shall submit to the board a release of information
authorizing the board to obtain a report of such examination or drug screen, or both. A
person affected by this subsection shall be offered, at reasonable intervals, an opportunity
to demonstrate that such person can resume the competent practice of pharmacy with
reasonable skill and safety to patients. For the purpose of this subsection, every person
licensed to practice pharmacy and who shall accept the privilege to practice pharmacy in
this state by so practicing or by the making and filing of a renewal application to practice
pharmacy in this state shall be deemed to have consented to submit to a mental or physical
examination or a drug screen, or any combination thereof, when directed in writing by the
board and further to have waived all objections to the admissibility of the testimony, drug
screen or examination report of the person conducting such examination or drug screen, or
both, at any proceeding or hearing before the board on the ground that such testimony or
examination or drug screen report constitutes a privileged communication. In any
proceeding by the board pursuant to the provisions of this subsection, the record of such
board proceedings involving the mental and physical examination or drug screen, or any
combination thereof, shall not be used in any other administrative or judicial proceeding.
(c) The board may suspend, revoke, place in a probationary status or deny a renewal of
any retail dealer's permit issued by the board when information in possession of the board
discloses that such operations for which the permit was issued are not being conducted
according to law or the rules and regulations of the board.
(d) The board may revoke, suspend, place in a probationary status or deny a renewal of
the registration of a pharmacy upon a finding that: (1) Such pharmacy has been operated
in such manner that violations of the provisions of the pharmacy act of the state of Kansas
or of the rules and regulations of the board have occurred in connection therewith; (2) the
owner or any pharmacist employed at such pharmacy is convicted, subsequent to such
owner's acquisition of or such employee's employment at such pharmacy, of a violation of
the pharmacy act or uniform controlled substances act of the state of Kansas, or the federal
or state food, drug and cosmetic act; (3) the owner or any pharmacist employed by such
pharmacy has fraudulently claimed money for pharmaceutical services; or (4) the registrant
has had a registration revoked, suspended or limited, has been censured or has had other
disciplinary action taken, or an application for registration denied, by the proper registering
authority of another state, territory, District of Columbia or other country, a certified copy
of the record of the action of the other jurisdiction being conclusive evidence thereof.
(e) A registration to manufacture or to distribute at wholesale a drug or a registration
for the place of business where any such operation is conducted may be suspended, revoked,
placed in a probationary status or the renewal of such registration may be denied by the
board upon a finding that the registrant or the registrant's agent: (1) Has materially falsified
any application filed pursuant to or required by the pharmacy act of the state of Kansas; (2)
has been convicted of a felony under any federal or state law relating to the manufacture
or distribution of drugs; (3) has had any federal registration for the manufacture or
distribution of drugs suspended or revoked; (4) has refused to permit the board or its duly
authorized agents to inspect the registrant's establishment in accordance with the provisions
of K.S.A. 65-1629 and amendments thereto; (5) has failed to keep, or has failed to file with
the board or has falsified records required to be kept or filed by the provisions of the
pharmacy act of the state of Kansas or by the board's rules and regulations; or (6) has violated
the pharmacy act of the state of Kansas or rules and regulations adopted by the state board
of pharmacy under the pharmacy act of the state of Kansas or has violated the uniform
controlled substances act or rules and regulations adopted by the state board of pharmacy
under the uniform controlled substances act.
(f) Orders under this section, and proceedings thereon, shall be subject to the provisions
of the Kansas administrative procedure act.
Sec. 10. K.S.A. 1998 Supp. 65-1643 is hereby amended to read as follows: 65-1643. On
and after the effective date of this act, it shall be unlawful:
(a) For any person to operate, maintain, open or establish any pharmacy within this
state without first having obtained a registration from the board. Each application for
registration of a pharmacy shall indicate the person or persons desiring the registration,
including the pharmacist in charge, as well as the location, including the street name and
number, and such other information as may be required by the board to establish the identity
and exact location of the pharmacy. The issuance of a registration for any pharmacy shall
also have the effect of permitting such pharmacy to operate as a retail dealer without
requiring such pharmacy to obtain a retail dealer's permit. On evidence satisfactory to the
board: (1) That the pharmacy for which the registration is sought will be conducted in full
compliance with the law and the rules and regulations of the board; (2) that the location
and appointments of the pharmacy are such that it can be operated and maintained without
endangering the public health or safety; (3) that the pharmacy will be under the supervision
of a pharmacist, a registration shall be issued to such persons as the board shall deem
qualified to conduct such a pharmacy.
(b) For any person to manufacture within this state any drugs except under the personal
and immediate supervision of a pharmacist or such other person or persons as may be
approved by the board after an investigation and a determination by the board that such
person or persons is qualified by scientific or technical training or experience to perform
such duties of supervision as may be necessary to protect the public health and safety; and
no person shall manufacture any such drugs without first obtaining a registration so to do
from the board. Such registration shall be subject to such rules and regulations with respect
to requirements, sanitation and equipment, as the board may from time to time adopt for
the protection of public health and safety.
(c) For any person to distribute at wholesale any drugs without first obtaining a
registration so to do from the board.
(d) For any person to sell or offer for sale at public auction or private sale in a place
where public auctions are conducted, any drugs without first having obtained a registration
from the board so to do, and it shall be necessary to obtain the permission of the board in
every instance where any of the products covered by this section are to be sold or offered
for sale.
(e) For any person to in any manner distribute or dispense samples of any drugs without
first having obtained a permit from the board so to do, and it shall be necessary to obtain
permission from the board in every instance where the samples are to be distributed or
dispensed. Nothing in this subsection shall be held to regulate or in any manner interfere
with the furnishing of samples of drugs to duly licensed practitioners, to mid-level
practitioners, to pharmacists or to medical care facilities.
(f) Except as otherwise provided in this subsection (f), for any person operating a store
or place of business to sell, offer for sale or distribute any drugs to the public without first
having obtained a registration or permit from the board authorizing such person so to do.
No retail dealer who sells 12 or fewer different nonprescription drug products shall be
required to obtain a retail dealer's permit under the pharmacy act of the state of Kansas or
to pay a retail dealer new permit or permit renewal fee under such act. It shall be lawful
for a retail dealer who is the holder of a valid retail dealer's permit issued by the board or
for a retail dealer who sells 12 or fewer different nonprescription drug products to sell and
distribute nonprescription drugs which are prepackaged, fully prepared by the manufacturer
or distributor for use by the consumer and labeled in accordance with the requirements of
the state and federal food, drug and cosmetic acts. Such nonprescription drugs shall not
include: (1) A controlled substance; (2) a drug product the label of which is required to bear
substantially the statement: ``Caution: Federal law prohibits dispensing without
prescription''; or (3) a drug product intended for human use by hypodermic injection; but
such a retail dealer shall not be authorized to display any of the words listed in subsection
(u) of K.S.A. 65-1626 and amendments thereto, for the designation of a pharmacy or
drugstore.
(g) For any person to sell any drugs manufactured and sold only in the state of Kansas,
unless the label and directions on such drugs shall first have been approved by the board.
(h) For any person to operate an institutional drug room without first having obtained
a registration to do so from the board. Such registration shall be subject to the provisions
of K.S.A. 65-1637a and amendments thereto and any rules and regulations adopted pursuant
thereto.
(i) For any person to be a pharmacy student without first obtaining a registration to do
so from the board, in accordance with rules and regulations adopted by the board, and
paying a pharmacy student registration fee of $25 to the board.
Sec. 11. K.S.A. 1998 Supp. 65-1660 is hereby amended to read as follows: 65-1660. (a)
Except as otherwise provided in this section, the provisions of the pharmacy act of the state
of Kansas shall not apply to dialysates, devices or drugs which are designated by the board
for the purposes of this section relating to treatment of a person with chronic kidney failure
receiving dialysis and which are prescribed or ordered by a physician or a mid-level
practitioner for administration or delivery to a person with chronic kidney failure if:
(1) The wholesale distributor is registered with the board and lawfully holds the drug
or device; and
(2) the wholesale distributor (A) delivers the drug or device to: (i) A person with chronic
kidney failure for self-administration at the person's home or specified address; (ii) a
physician for administration or delivery to a person with chronic kidney failure; or (iii) a
medicare approved renal dialysis facility for administering or delivering to a person with
chronic kidney failure; and (B) has sufficient and qualified supervision to adequately protect
the public health.
(b) The wholesale distributor pursuant to subsection (a) shall be supervised by a
pharmacist consultant pursuant to rules and regulations adopted by the board.
(c) The board shall adopt such rules or regulations as are necessary to effectuate the
provisions of this section.
(d) As used in this section, ``physician'' means a person licensed to practice medicine
and surgery; ``mid-level practitioner'' means mid-level practitioner as such term is defined
in subsection (ii) of K.S.A. 65-1626 and amendments thereto.
(e) This section shall be part of and supplemental to the pharmacy act of the state of
Kansas.
Sec. 12. K.S.A. 1998 Supp. 65-2837a is hereby amended to read as follows: 65-2837a.
(a) It shall be unlawful for any person licensed to practice medicine and surgery to prescribe,
order, dispense, administer, sell, supply or give or for a mid-level practitioner as defined in
subsection (ii) of K.S.A. 65-1626 and amendments thereto to prescribe, administer, supply
or give any amphetamine or sympathomimetic amine designated in schedule II, III or IV
under the uniform controlled substances act, except as provided in this section. Failure to
comply with this section by a licensee shall constitute unprofessional conduct under K.S.A.
65-2837 and amendments thereto.
(b) When any licensee prescribes, orders, dispenses, administers, sells, supplies or gives
or when any mid-level practitioner as defined in subsection (ii) of K.S.A. 65-1626 and
amendments thereto prescribes, administers, sells, supplies or gives any amphetamine or
sympathomimetic amine designated in schedule II, III or IV under the uniform controlled
substances act, the patient's medical record shall adequately document and the prescription
order shall indicate in the licensee's or mid-level practitioner's own handwriting, the purpose
for which the drug is being given. Such purpose shall be restricted to one or more of the
following:
(1) The treatment of narcolepsy.
(2) The treatment of drug-induced brain dysfunction.
(3) The treatment of hyperkinesis.
(4) The differential diagnostic psychiatric evaluation of depression.
(5) The treatment of depression shown by adequate medical records and documentation
to be unresponsive to other forms of treatment.
(6) The clinical investigation of the effects of such drugs or compounds, in which case,
before the investigation is begun, the licensee shall, in addition to other requirements of
applicable laws, apply for and obtain approval of the investigation from the board of healing
arts.
(7) The treatment of obesity with controlled substances, as may be defined by rules and
regulations adopted by the board of healing arts.
(8) The treatment of any other disorder or disease for which such drugs or compounds
have been found to be safe and effective by competent scientific research which findings
have been generally accepted by the scientific community, in which case, the licensee before
prescribing, ordering, dispensing, administering, selling, supplying or giving the drug or
compound for a particular condition, or the licensee before authorizing a mid-level
practitioner to prescribe the drug or compound for a particular condition, shall obtain a
determination from the board of healing arts that the drug or compound can be used for
that particular condition.
Sec. 13. K.S.A. 65-2896e is hereby amended to read as follows: 65-2896e. (a) A person
whose name has been entered on the register of physicians' assistants may perform, only
under the direction and supervision of a physician, acts which constitute the practice of
medicine and surgery to the extent and in the manner authorized by the physician
responsible for the physician's assistant and only to the extent such acts are consistent with
rules and regulations adopted by the board which relate to acts performed by a physician's
assistant under the responsible physician's direction and supervision. A physician's assistant
may not prescribe drugs but may transmit a prescription order for drugs pursuant to a
written protocol as authorized by the responsible physician. Before a physician's assistant
shall perform under the direction and supervision of a physician, such physician's assistant
shall be identified to the patient and others involved in providing the patient services as a
physician's assistant to the responsible physician. A physician's assistant may not perform
any act or procedure performed in the practice of optometry except as provided in K.S.A.
65-1508 and 65-2887 and amendments thereto.
(b) The board shall adopt rules and regulations governing the transmitting of
prescription orders for prescribing of drugs by physicians' assistants and the responsibilities
of the responsible physician with respect thereto. Such rules and regulations shall establish
such conditions and limitations as the board determines to be necessary to protect the public
health and safety. In developing rules and regulations relating to the transmitting of
prescription orders for prescribing of drugs by physicians' assistants, the board shall take
into consideration the amount of training and capabilities of physicians' assistants, the
different practice settings in which physicians' assistants and responsible physicians practice,
the degree of direction and supervision to be provided by a responsible physician and the
needs of the geographic area of the state in which the physician's assistant and the
responsible physician practice. In all cases in which a physician's assistant is authorized to
transmit prescription orders for prescribe drugs by a responsible physician, a written
protocol between the responsible physician and the physician's assistant containing the
essential terms of such authorization shall be in effect. Any written prescription order shall
include the name, address and telephone number of the responsible physician. In no case
shall the scope of the authority of the physician's assistant to transmit prescription orders
for prescribe drugs exceed the normal and customary practice of the responsible physician
in the prescribing of drugs.
(c) The physician's assistant may not dispense drugs, but may request, receive and sign
for professional samples and may distribute professional samples to patients pursuant to a
written protocol as authorized by the responsible physician. In order to prescribe controlled
substances, the physician's assistant shall register with the federal drug enforcement
administration.
(d) As used in this section, ``drug'' means those articles and substances defined as drugs
in K.S.A. 65-1626 and 65-4101 and amendments thereto.
Sec. 14. K.S.A. 65-4116 is hereby amended to read as follows: 65-4116. (a) Every
person who manufactures, distributes or dispenses any controlled substance within this state
or who proposes to engage in the manufacture, distribution or dispensing of any controlled
substance within this state shall obtain annually a registration issued by the board in
accordance with the uniform controlled substances act and with rules and regulations
adopted by the board.
(b) Persons registered by the board under this act to manufacture, distribute, dispense
or conduct research with controlled substances may possess, manufacture, distribute,
dispense or conduct research with those substances to the extent authorized by their
registration and in conformity with the other provisions of this act.
(c) The following persons need not register and may lawfully possess controlled
substances under this act, as specified in this subsection:
(1) An agent or employee of any registered manufacturer, distributor or dispenser of
any controlled substance if the agent or employee is acting in the usual course of such agent
or employee's business or employment;
(2) a common or contract carrier or warehouseman or an employee thereof whose
possession of any controlled substance is in the usual course of business or employment;
(3) an ultimate user or a person in possession of any controlled substance pursuant to
a lawful order of a practitioner or a mid-level practitioner or in lawful possession of a
schedule V substance;
(4) persons licensed and registered by the board under the provisions of the acts
contained in article 16 of chapter 65 of the Kansas Statutes Annotated, and amendments
thereto, to manufacture, dispense or distribute drugs are considered to be in compliance
with the registration provision of the uniform controlled substances act without additional
proceedings before the board or the payment of additional fees, except that manufacturers
and distributors shall complete and file the application form required under the uniform
controlled substances act;
(5) any person licensed by the state board of healing arts;
(6) any person licensed by the state board of veterinary examiners;
(7) any person licensed by the Kansas dental board; and
(8) a mid-level practitioner; and
(8) (9) any person who is a member of the Native American Church, with respect to
use or possession of peyote, whose use or possession of peyote is in, or for use in, bona fide
religious ceremonies of the Native American Church, but nothing in this paragraph shall
authorize the use or possession of peyote in any place used for the confinement or housing
of persons arrested, charged or convicted of criminal offenses or in the state security hospital.
(d) The board may waive by rules and regulations the requirement for registration of
certain manufacturers, distributors or dispensers if the board finds it consistent with the
public health and safety, except that licensure of any person by the state board of healing
arts, Kansas dental board or the state board of veterinary examiners shall constitute
compliance with the registration requirements of the uniform controlled substances act by
such person for such person's place of professional practice. Evidence of abuse as
determined by the board relating to a person licensed by the state board of healing arts
shall be submitted to the state board of healing arts and the attorney general within 60 days.
The state board of healing arts shall, within 60 days, make findings of fact and take such
action against such person as it deems necessary. All findings of fact and any action taken
shall be reported by the state board of healing arts to the board of pharmacy and the attorney
general. Evidence of abuse as determined by the board relating to a person licensed by the
state board of veterinary examiners shall be submitted to the state board of veterinary
examiners and the attorney general within 60 days. The state board of veterinary examiners
shall, within 60 days, make findings of fact and take such action against such person as it
deems necessary. All findings of fact and any action taken shall be reported by the state
board of veterinary examiners to the board of pharmacy and the attorney general. Evidence
of abuse as determined by the board relating to a dentist licensed by the Kansas dental
board shall be submitted to the Kansas dental board and the attorney general within 60
days. The Kansas dental board shall, within 60 days, make findings of fact and take such
action against such dentist as it deems necessary. All findings of fact and any action taken
shall be reported by the Kansas dental board to the board of pharmacy and the attorney
general.
(e) A separate annual registration is required at each place of business or professional
practice where the applicant manufactures, distributes or dispenses controlled substances.
(f) The board may inspect the establishment of a registrant or applicant for registration
in accordance with the board's rules and regulations.
(g) (1) The registration of any person or location shall terminate when such person or
authorized representative of a location dies, ceases legal existence, discontinues business or
professional practice or changes the location as shown on the certificate of registration. Any
registrant who ceases legal existence, discontinues business or professional practice, or
changes location as shown on the certificate of registration, shall notify the board promptly
of such fact and forthwith deliver the certificate of registration directly to the secretary or
executive secretary of the board. In the event of a change in name or mailing address the
person or authorized representative of the location shall notify the board promptly in
advance of the effective date of this change by filing the change of name or mailing address
with the board. This change shall be noted on the original application on file with the board.
(2) No registration or any authority conferred thereby shall be assigned or otherwise
transferred except upon such conditions as the board may specifically designate and then
only pursuant to the written consent of the board.
Sec. 15. K.S.A. 65-4123 is hereby amended to read as follows: 65-4123. (a) Except as
otherwise provided in K.S.A. 65-4117 and amendments thereto or in this subsection (a), no
schedule I controlled substance may be dispensed. The board by rules and regulations may
designate in accordance with the provisions of this subsection (a) a schedule I controlled
substance as a schedule I designated prescription substance. A schedule I controlled
substance designated as a schedule I designated prescription substance may be dispensed
only upon the written prescription of a practitioner. Prior to designating a schedule I
controlled substance as a schedule I designated prescription substance, the board shall find:
(1) That the schedule I controlled substance has an accepted medical use in treatment in
the United States; (2) that the public health will benefit by the designation of the substance
as a schedule I designated prescription substance; and (3) that the substance may be sold
lawfully under federal law pursuant to a prescription. No prescription for a schedule I
designated prescription substance may be refilled.
(b) Except when dispensed by a practitioner, other than a pharmacy, to an ultimate
user, no controlled substance in schedule II may be dispensed without the written
prescription of a practitioner or a mid-level practitioner. In emergency situations, as defined
by rules and regulations of the board, schedule II drugs may be dispensed upon oral
prescription of a practitioner or a mid-level practitioner reduced promptly to writing and
filed by the pharmacy. No prescription for a schedule II substance may be refilled.
(c) Except when dispensed by a practitioner, other than a pharmacy, to an ultimate user,
a controlled substance included in schedule III or IV which is a prescription drug shall not
be dispensed without a written or oral prescription of a practitioner or a mid-level
practitioner. The prescription shall not be filled or refilled more than six months after the
date thereof or be refilled more than five times.
(d) A controlled substance shall not be distributed or dispensed other than for a medical
purpose. Prescriptions shall be retained in conformity with the requirements of K.S.A. 65-
4121 and amendments thereto.
Sec. 16. K.S.A. 65-4134 is hereby amended to read as follows: 65-4134. A practitioner
engaged in medical practice or research or a mid-level practitioner acting in the usual course
of such mid-level practitioner's practice is not required or compelled to furnish the name
or identity of a patient or research subject to the board, nor may he such practitioner or
mid-level practitioner be compelled in any state or local civil, criminal, administrative,
legislative or other proceedings to furnish the name or identity of an individual that the
practitioner or mid-level practitioner is obligated to keep confidential.
Sec. 17. K.S.A. 65-4202 is hereby amended to read as follows: 65-4202. As used in this
act: (a) ``Board'' means the state board of nursing.
(b) The ``practice of mental health technology'' means the performance, under the
direction of a physician licensed to practice medicine and surgery or registered professional
nurse, of services in caring for and treatment of the mentally ill, emotionally disturbed, or
mentally retarded for compensation or personal profit, which services:
(1) Involve responsible nursing and therapeutic procedures for mentally ill or mentally
retarded patients requiring interpersonal and technical skills in the observations and
recognition of symptoms and reactions of such patients, the accurate recording of such
symptoms and reactions and the carrying out of treatments and medications as prescribed
by a licensed physician or a mid-level practitioner as defined in subsection (ii) of K.S.A. 65-
1626 and amendments thereto; and
(2) require an application of techniques and procedures that involve understanding of
cause and effect and the safeguarding of life and health of the patient and others; and
(3) require the performance of duties that are necessary to facilitate rehabilitation of
the patient or are necessary in the physical, therapeutic and psychiatric care of the patient
and require close work with persons licensed to practice medicine and surgery, psychiatrists,
psychologists, rehabilitation therapists, social workers, registered nurses, and other
professional personnel.
(c) A ``licensed mental health technician'' means a person who lawfully practices mental
health technology as defined in this act.
(d) An ``approved course in mental health technology'' means a program of training and
study including a basic curriculum which shall be prescribed and approved by the board in
accordance with the standards prescribed herein, the successful completion of which shall
be required before licensure as a mental health technician, except as hereinafter provided.
Sec. 18. K.S.A. 1998 Supp. 79-3606 is hereby amended to read as follows: 79-3606.
The following shall be exempt from the tax imposed by this act:
(a) All sales of motor-vehicle fuel or other articles upon which a sales or excise tax has
been paid, not subject to refund, under the laws of this state except cigarettes as defined
by K.S.A. 79-3301 and amendments thereto, cereal malt beverages and malt products as
defined by K.S.A. 79-3817 and amendments thereto, including wort, liquid malt, malt syrup
and malt extract, which is not subject to taxation under the provisions of K.S.A. 79-41a02
and amendments thereto, motor vehicles taxed pursuant to K.S.A. 79-5117, and
amendments thereto, tires taxed pursuant to K.S.A. 1998 Supp. 65-3424d, and amendments
thereto, and drycleaning and laundry services taxed pursuant to K.S.A. 1998 Supp. 65-
34,150, and amendments thereto;
(b) all sales of tangible personal property or service, including the renting and leasing
of tangible personal property, purchased directly by the state of Kansas, a political
subdivision thereof, other than a school or educational institution, or purchased by a public
or private nonprofit hospital or public hospital authority or nonprofit blood, tissue or organ
bank and used exclusively for state, political subdivision, hospital or public hospital authority
or nonprofit blood, tissue or organ bank purposes, except when: (1) Such state, hospital or
public hospital authority is engaged or proposes to engage in any business specifically taxable
under the provisions of this act and such items of tangible personal property or service are
used or proposed to be used in such business, or (2) such political subdivision is engaged
or proposes to engage in the business of furnishing gas, water, electricity or heat to others
and such items of personal property or service are used or proposed to be used in such
business;
(c) all sales of tangible personal property or services, including the renting and leasing
of tangible personal property, purchased directly by a public or private elementary or
secondary school or public or private nonprofit educational institution and used primarily
by such school or institution for nonsectarian programs and activities provided or sponsored
by such school or institution or in the erection, repair or enlargement of buildings to be
used for such purposes. The exemption herein provided shall not apply to erection,
construction, repair, enlargement or equipment of buildings used primarily for human
habitation;
(d) all sales of tangible personal property or services purchased by a contractor for the
purpose of constructing, equipping, reconstructing, maintaining, repairing, enlarging,
furnishing or remodeling facilities for any public or private nonprofit hospital or public
hospital authority, public or private elementary or secondary school or a public or private
nonprofit educational institution, which would be exempt from taxation under the provisions
of this act if purchased directly by such hospital or public hospital authority, school or
educational institution; and all sales of tangible personal property or services purchased by
a contractor for the purpose of constructing, equipping, reconstructing, maintaining,
repairing, enlarging, furnishing or remodeling facilities for any political subdivision of the
state, the total cost of which is paid from funds of such political subdivision and which would
be exempt from taxation under the provisions of this act if purchased directly by such
political subdivision. Nothing in this subsection or in the provisions of K.S.A. 12-3418 and
amendments thereto, shall be deemed to exempt the purchase of any construction
machinery, equipment or tools used in the constructing, equipping, reconstructing,
maintaining, repairing, enlarging, furnishing or remodeling facilities for any political
subdivision of the state. As used in this subsection, K.S.A. 12-3418 and 79-3640, and
amendments thereto, ''funds of a political subdivision`` shall mean general tax revenues, the
proceeds of any bonds and gifts or grants-in-aid. Gifts shall not mean funds used for the
purpose of constructing, equipping, reconstructing, repairing, enlarging, furnishing or
remodeling facilities which are to be leased to the donor. When any political subdivision of
the state, public or private nonprofit hospital or public hospital authority, public or private
elementary or secondary school or public or private nonprofit educational institution shall
contract for the purpose of constructing, equipping, reconstructing, maintaining, repairing,
enlarging, furnishing or remodeling facilities, it shall obtain from the state and furnish to
the contractor an exemption certificate for the project involved, and the contractor may
purchase materials for incorporation in such project. The contractor shall furnish the
number of such certificate to all suppliers from whom such purchases are made, and such
suppliers shall execute invoices covering the same bearing the number of such certificate.
Upon completion of the project the contractor shall furnish to the political subdivision,
hospital or public hospital authority, school or educational institution concerned a sworn
statement, on a form to be provided by the director of taxation, that all purchases so made
were entitled to exemption under this subsection. As an alternative to the foregoing
procedure, any such contracting entity may apply to the secretary of revenue for agent status
for the sole purpose of issuing and furnishing project exemption certificates to contractors
pursuant to rules and regulations adopted by the secretary establishing conditions and
standards for the granting and maintaining of such status. All invoices shall be held by the
contractor for a period of five years and shall be subject to audit by the director of taxation.
If any materials purchased under such a certificate are found not to have been incorporated
in the building or other project or not to have been returned for credit or the sales or
compensating tax otherwise imposed upon such materials which will not be so incorporated
in the building or other project reported and paid by such contractor to the director of
taxation not later than the 20th day of the month following the close of the month in which
it shall be determined that such materials will not be used for the purpose for which such
certificate was issued, the political subdivision, hospital or public hospital authority, school
or educational institution concerned shall be liable for tax on all materials purchased for the
project, and upon payment thereof it may recover the same from the contractor together
with reasonable attorney fees. Any contractor or any agent, employee or subcontractor
thereof, who shall use or otherwise dispose of any materials purchased under such a
certificate for any purpose other than that for which such a certificate is issued without the
payment of the sales or compensating tax otherwise imposed upon such materials, shall be
guilty of a misdemeanor and, upon conviction therefor, shall be subject to the penalties
provided for in subsection (g) of K.S.A. 79-3615, and amendments thereto;
(e) all sales of tangible personal property or services purchased by a contractor for the
erection, repair or enlargement of buildings or other projects for the government of the
United States, its agencies or instrumentalities, which would be exempt from taxation if
purchased directly by the government of the United States, its agencies or instrumentalities.
When the government of the United States, its agencies or instrumentalities shall contract
for the erection, repair, or enlargement of any building or other project, it shall obtain from
the state and furnish to the contractor an exemption certificate for the project involved, and
the contractor may purchase materials for incorporation in such project. The contractor
shall furnish the number of such certificates to all suppliers from whom such purchases are
made, and such suppliers shall execute invoices covering the same bearing the number of
such certificate. Upon completion of the project the contractor shall furnish to the
government of the United States, its agencies or instrumentalities concerned a sworn
statement, on a form to be provided by the director of taxation, that all purchases so made
were entitled to exemption under this subsection. As an alternative to the foregoing
procedure, any such contracting entity may apply to the secretary of revenue for agent status
for the sole purpose of issuing and furnishing project exemption certificates to contractors
pursuant to rules and regulations adopted by the secretary establishing conditions and
standards for the granting and maintaining of such status. All invoices shall be held by the
contractor for a period of five years and shall be subject to audit by the director of taxation.
Any contractor or any agent, employee or subcontractor thereof, who shall use or otherwise
dispose of any materials purchased under such a certificate for any purpose other than that
for which such a certificate is issued without the payment of the sales or compensating tax
otherwise imposed upon such materials, shall be guilty of a misdemeanor and, upon
conviction therefor, shall be subject to the penalties provided for in subsection (g) of K.S.A.
79-3615 and amendments thereto;
(f) tangible personal property purchased by a railroad or public utility for consumption
or movement directly and immediately in interstate commerce;
(g) sales of aircraft including remanufactured and modified aircraft, sales of aircraft
repair, modification and replacement parts and sales of services employed in the
remanufacture, modification and repair of aircraft sold to persons using directly or through
an authorized agent such aircraft and aircraft repair, modification and replacement parts as
certified or licensed carriers of persons or property in interstate or foreign commerce under
authority of the laws of the United States or any foreign government or sold to any foreign
government or agency or instrumentality of such foreign government and all sales of aircraft,
aircraft parts, replacement parts and services employed in the remanufacture, modification
and repair of aircraft for use outside of the United States;
(h) all rentals of nonsectarian textbooks by public or private elementary or secondary
schools;
(i) the lease or rental of all films, records, tapes, or any type of sound or picture
transcriptions used by motion picture exhibitors;
(j) meals served without charge or food used in the preparation of such meals to
employees of any restaurant, eating house, dining car, hotel, drugstore or other place where
meals or drinks are regularly sold to the public if such employees' duties are related to the
furnishing or sale of such meals or drinks;
(k) any motor vehicle, semitrailer or pole trailer, as such terms are defined by K.S.A.
8-126 and amendments thereto, or aircraft sold and delivered in this state to a bona fide
resident of another state, which motor vehicle, semitrailer, pole trailer or aircraft is not to
be registered or based in this state and which vehicle, semitrailer, pole trailer or aircraft will
not remain in this state more than 10 days;
(l) all isolated or occasional sales of tangible personal property, services, substances or
things, except isolated or occasional sale of motor vehicles specifically taxed under the
provisions of subsection (o) of K.S.A. 79-3603 and amendments thereto;
(m) all sales of tangible personal property which become an ingredient or component
part of tangible personal property or services produced, manufactured or compounded for
ultimate sale at retail within or without the state of Kansas; and any such producer,
manufacturer or compounder may obtain from the director of taxation and furnish to the
supplier an exemption certificate number for tangible personal property for use as an
ingredient or component part of the property or services produced, manufactured or
compounded;
(n) all sales of tangible personal property which is consumed in the production,
manufacture, processing, mining, drilling, refining or compounding of tangible personal
property, the treating of by-products or wastes derived from any such production process,
the providing of services or the irrigation of crops for ultimate sale at retail within or without
the state of Kansas; and any purchaser of such property may obtain from the director of
taxation and furnish to the supplier an exemption certificate number for tangible personal
property for consumption in such production, manufacture, processing, mining, drilling,
refining, compounding, treating, irrigation and in providing such services;
(o) all sales of animals, fowl and aquatic plants and animals, the primary purpose of
which is use in agriculture or aquaculture, as defined in K.S.A. 47-1901, and amendments
thereto, the production of food for human consumption, the production of animal, dairy,
poultry or aquatic plant and animal products, fiber or fur, or the production of offspring for
use for any such purpose or purposes;
(p) all sales of drugs, as defined by K.S.A. 65-1626 and amendments thereto, dispensed
pursuant to a prescription order, as defined by K.S.A. 65-1626 and amendments thereto,
by a licensed practitioner or a mid-level practitioner as defined by K.S.A. 65-1626 and
amendments thereto;
(q) all sales of insulin dispensed by a person licensed by the state board of pharmacy to
a person for treatment of diabetes at the direction of a person licensed to practice medicine
by the board of healing arts;
(r) all sales of prosthetic and orthopedic appliances prescribed in writing by a person
licensed to practice the healing arts, dentistry or optometry. For the purposes of this
subsection, the term prosthetic and orthopedic appliances means any apparatus, instrument,
device, or equipment used to replace or substitute for any missing part of the body; used
to alleviate the malfunction of any part of the body; or used to assist any disabled person in
leading a normal life by facilitating such person's mobility; such term shall include
accessories attached or to be attached to motor vehicles, but such term shall not include
motor vehicles or personal property which when installed becomes a fixture to real property;
(s) all sales of tangible personal property or services purchased directly by a groundwater
management district organized or operating under the authority of K.S.A. 82a-1020 et seq.
and amendments thereto, which property or services are used in the operation or
maintenance of the district;
(t) all sales of farm machinery and equipment or aquaculture machinery and equipment,
repair and replacement parts therefor and services performed in the repair and maintenance
of such machinery and equipment. For the purposes of this subsection the term ''farm
machinery and equipment or aquaculture machinery and equipment`` shall include
machinery and equipment used in the operation of Christmas tree farming but shall not
include any passenger vehicle, truck, truck tractor, trailer, semitrailer or pole trailer, other
than a farm trailer, as such terms are defined by K.S.A. 8-126 and amendments thereto.
Each purchaser of farm machinery and equipment or aquaculture machinery and equipment
exempted herein must certify in writing on the copy of the invoice or sales ticket to be
retained by the seller that the farm machinery and equipment or aquaculture machinery
and equipment purchased will be used only in farming, ranching or aquaculture production.
Farming or ranching shall include the operation of a feedlot and farm and ranch work for
hire and the operation of a nursery;
(u) all leases or rentals of tangible personal property used as a dwelling if such tangible
personal property is leased or rented for a period of more than 28 consecutive days;
(v) all sales of food products to any contractor for use in preparing meals for delivery
to homebound elderly persons over 60 years of age and to homebound disabled persons or
to be served at a group-sitting at a location outside of the home to otherwise homebound
elderly persons over 60 years of age and to otherwise homebound disabled persons, as all
or part of any food service project funded in whole or in part by government or as part of
a private nonprofit food service project available to all such elderly or disabled persons
residing within an area of service designated by the private nonprofit organization, and all
sales of food products for use in preparing meals for consumption by indigent or homeless
individuals whether or not such meals are consumed at a place designated for such purpose;
(w) all sales of natural gas, electricity, heat and water delivered through mains, lines or
pipes: (1) To residential premises for noncommercial use by the occupant of such premises;
(2) for agricultural use and also, for such use, all sales of propane gas; (3) for use in the
severing of oil; and (4) to any property which is exempt from property taxation pursuant to
K.S.A. 79-201b Second through Sixth. As used in this paragraph, ''severing`` shall have the
meaning ascribed thereto by subsection (k) of K.S.A. 79-4216, and amendments thereto;
(x) all sales of propane gas, LP-gas, coal, wood and other fuel sources for the production
of heat or lighting for noncommercial use of an occupant of residential premises;
(y) all sales of materials and services used in the repairing, servicing, altering,
maintaining, manufacturing, remanufacturing, or modification of railroad rolling stock for
use in interstate or foreign commerce under authority of the laws of the United States;
(z) all sales of tangible personal property and services purchased directly by a port
authority or by a contractor therefor as provided by the provisions of K.S.A. 12-3418 and
amendments thereto;
(aa) all sales of materials and services applied to equipment which is transported into
the state from without the state for repair, service, alteration, maintenance, remanufacture
or modification and which is subsequently transported outside the state for use in the
transmission of liquids or natural gas by means of pipeline in interstate or foreign commerce
under authority of the laws of the United States;
(bb) all sales of used mobile homes or manufactured homes. As used in this subsection:
(1) ``Mobile homes'' and ``manufactured homes'' shall have the meanings ascribed thereto
by K.S.A. 58-4202 and amendments thereto; and (2) ``sales of used mobile homes or
manufactured homes'' means sales other than the original retail sale thereof;
(cc) all sales of tangible personal property or services purchased for the purpose of and
in conjunction with constructing, reconstructing, enlarging or remodeling a business or retail
business which meets the requirements established in K.S.A. 74-50,115 and amendments
thereto, and the sale and installation of machinery and equipment purchased for installation
at any such business or retail business. When a person shall contract for the construction,
reconstruction, enlargement or remodeling of any such business or retail business, such
person shall obtain from the state and furnish to the contractor an exemption certificate for
the project involved, and the contractor may purchase materials, machinery and equipment
for incorporation in such project. The contractor shall furnish the number of such certificates
to all suppliers from whom such purchases are made, and such suppliers shall execute
invoices covering the same bearing the number of such certificate. Upon completion of the
project the contractor shall furnish to the owner of the business or retail business a sworn
statement, on a form to be provided by the director of taxation, that all purchases so made
were entitled to exemption under this subsection. All invoices shall be held by the contractor
for a period of five years and shall be subject to audit by the director of taxation. Any
contractor or any agent, employee or subcontractor thereof, who shall use or otherwise
dispose of any materials, machinery or equipment purchased under such a certificate for
any purpose other than that for which such a certificate is issued without the payment of
the sales or compensating tax otherwise imposed thereon, shall be guilty of a misdemeanor
and, upon conviction therefor, shall be subject to the penalties provided for in subsection
(g) of K.S.A. 79-3615 and amendments thereto. As used in this subsection, ``business'' and
``retail business'' have the meanings respectively ascribed thereto by K.S.A. 74-50,114 and
amendments thereto;
(dd) all sales of tangible personal property purchased with food stamps issued by the
United States department of agriculture;
(ee) all sales of lottery tickets and shares made as part of a lottery operated by the state
of Kansas;
(ff) on and after July 1, 1988, all sales of new mobile homes or manufactured homes to
the extent of 40% of the gross receipts, determined without regard to any trade-in allowance,
received from such sale. As used in this subsection, ``mobile homes'' and ``manufactured
homes'' shall have the meanings ascribed thereto by K.S.A. 58-4202 and amendments
thereto;
(gg) all sales of tangible personal property purchased in accordance with vouchers issued
pursuant to the federal special supplemental food program for women, infants and children;
(hh) all sales of medical supplies and equipment purchased directly by a nonprofit skilled
nursing home or nonprofit intermediate nursing care home, as defined by K.S.A. 39-923,
and amendments thereto, for the purpose of providing medical services to residents thereof.
This exemption shall not apply to tangible personal property customarily used for human
habitation purposes;
(ii) all sales of tangible personal property purchased directly by a nonprofit organization
for nonsectarian comprehensive multidiscipline youth development programs and activities
provided or sponsored by such organization, and all sales of tangible personal property by
or on behalf of any such organization. This exemption shall not apply to tangible personal
property customarily used for human habitation purposes;
(jj) all sales of tangible personal property or services, including the renting and leasing
of tangible personal property, purchased directly on behalf of a community-based mental
retardation facility or mental health center organized pursuant to K.S.A. 19-4001 et seq.,
and amendments thereto, and licensed in accordance with the provisions of K.S.A. 75-3307b
and amendments thereto. This exemption shall not apply to tangible personal property
customarily used for human habitation purposes;
(kk) on and after January 1, 1989, all sales of machinery and equipment used directly
and primarily for the purposes of manufacturing, assembling, processing, finishing, storing,
warehousing or distributing articles of tangible personal property in this state intended for
resale by a manufacturing or processing plant or facility or a storage, warehousing or
distribution facility, and all sales of repair and replacement parts and accessories purchased
for such machinery and equipment:
(1) For purposes of this subsection, machinery and equipment shall be deemed to be
used directly and primarily in the manufacture, assemblage, processing, finishing, storing,
warehousing or distributing of tangible personal property where such machinery and
equipment is used during a manufacturing, assembling, processing or finishing, storing,
warehousing or distributing operation:
(A) To effect a direct and immediate physical change upon the tangible personal
property;
(B) to guide or measure a direct and immediate physical change upon such property
where such function is an integral and essential part of tuning, verifying or aligning the
component parts of such property;
(C) to test or measure such property where such function is an integral part of the
production flow or function;
(D) to transport, convey or handle such property during the manufacturing, processing,
storing, warehousing or distribution operation at the plant or facility; or
(E) to place such property in the container, package or wrapping in which such property
is normally sold or transported.
(2) For purposes of this subsection ``machinery and equipment used directly and
primarily'' shall include, but not be limited to:
(A) Mechanical machines or components thereof contributing to a manufacturing,
assembling or finishing process;
(B) molds and dies that determine the physical characteristics of the finished product
or its packaging material;
(C) testing equipment to determine the quality of the finished product;
(D) computers and related peripheral equipment that directly control or measure the
manufacturing process or which are utilized for engineering of the finished product; and
(E) computers and related peripheral equipment utilized for research and development
and product design.
(3) ``Machinery and equipment used directly and primarily'' shall not include:
(A) Hand tools;
(B) machinery, equipment and tools used in maintaining and repairing any type of
machinery and equipment;
(C) transportation equipment not used in the manufacturing, assembling, processing,
furnishing, storing, warehousing or distributing process at the plant or facility;
(D) office machines and equipment including computers and related peripheral
equipment not directly and primarily used in controlling or measuring the manufacturing
process;
(E) furniture and buildings; and
(F) machinery and equipment used in administrative, accounting, sales or other such
activities of the business;
(4) for purposes of this subsection, ``repair and replacement parts and accessories''
means all parts and accessories for exempt machinery and equipment, including but not
limited to dies, jigs, molds, and patterns which are attached to exempt machinery or which
are otherwise used in production, short-lived replaceable parts that can be readily detached
from exempt machinery or equipment, such as belts, drill bits, grinding wheels, cutting bars
and saws, and other replacement parts for production equipment, including refractory brick
and other refractory items for kiln equipment used in production operations;
(ll) all sales of educational materials purchased for distribution to the public at no charge
by a nonprofit corporation organized for the purpose of encouraging, fostering and
conducting programs for the improvement of public health;
(mm) all sales of seeds and tree seedlings; fertilizers, insecticides, herbicides,
germicides, pesticides and fungicides; and services, purchased and used for the purpose of
producing plants in order to prevent soil erosion on land devoted to agricultural use;
(nn) except as otherwise provided in this act, all sales of services rendered by an
advertising agency or licensed broadcast station or any member, agent or employee thereof;
(oo) all sales of tangible personal property purchased by a community action group or
agency for the exclusive purpose of repairing or weatherizing housing occupied by low
income individuals;
(pp) all sales of drill bits and explosives actually utilized in the exploration and
production of oil or gas;
(qq) all sales of tangible personal property and services purchased by a nonprofit
museum or historical society or any combination thereof, including a nonprofit organization
which is organized for the purpose of stimulating public interest in the exploration of space
by providing educational information, exhibits and experiences, which is exempt from
federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code
of 1986;
(rr) all sales of tangible personal property which will admit the purchaser thereof to any
annual event sponsored by a nonprofit organization which is exempt from federal income
taxation pursuant to section 501(c)(3) of the federal internal revenue code of 1986;
(ss) all sales of tangible personal property and services purchased by a public
broadcasting station licensed by the federal communications commission as a
noncommercial educational television or radio station;
(tt) all sales of tangible personal property and services purchased by or on behalf of a
not-for-profit corporation which is exempt from federal income taxation pursuant to section
501(c)(3) of the federal internal revenue code of 1986, for the sole purpose of constructing
a Kansas Korean War memorial;
(uu) all sales of tangible personal property and services purchased by or on behalf of
any rural volunteer fire-fighting organization for use exclusively in the performance of its
duties and functions;
(vv) all sales of tangible personal property purchased by any of the following
organizations which are exempt from federal income taxation pursuant to section 501 (c)(3)
of the federal internal revenue code of 1986, for the following purposes, and all sales of any
such property by or on behalf of any such organization for any such purpose:
(1) The American Heart Association, Kansas Affiliate, Inc. for the purposes of providing
education, training, certification in emergency cardiac care, research and other related
services to reduce disability and death from cardiovascular diseases and stroke;
(2) the Kansas Alliance for the Mentally Ill, Inc. for the purpose of advocacy for persons
with mental illness and to education, research and support for their families;
(3) the Kansas Mental Illness Awareness Council for the purposes of advocacy for
persons who are mentally ill and to education, research and support for them and their
families;
(4) the American Diabetes Association Kansas Affiliate, Inc. for the purpose of
eliminating diabetes through medical research, public education focusing on disease
prevention and education, patient education including information on coping with diabetes,
and professional education and training;
(5) the American Lung Association of Kansas, Inc. for the purpose of eliminating all
lung diseases through medical research, public education including information on coping
with lung diseases, professional education and training related to lung disease and other
related services to reduce the incidence of disability and death due to lung disease;
(6) the Kansas chapters of the Alzheimer's Disease and Related Disorders Association,
Inc. for the purpose of providing assistance and support to persons in Kansas with
Alzheimer's disease, and their families and caregivers; and
(ww) all sales of tangible personal property purchased by the Habitat for Humanity for
the exclusive use of being incorporated within a housing project constructed by such
organization.
(xx) all sales of tangible personal property and services purchased by a nonprofit zoo
which is exempt from federal income taxation pursuant to section 501(c)(3) of the federal
internal revenue code of 1986, or on behalf of such zoo by an entity itself exempt from
federal income taxation pursuant to section 50 [501] (c)(3) of the federal internal revenue
code of 1986 contracted with to operate such zoo and all sales of tangible personal property
or services purchased by a contractor for the purpose of constructing, equipping,
reconstructing, maintaining, repairing, enlarging, furnishing or remodeling facilities for any
nonprofit zoo which would be exempt from taxation under the provisions of this section if
purchased directly by such nonprofit zoo or the entity operating such zoo. Nothing in this
subsection shall be deemed to exempt the purchase of any construction machinery,
equipment or tools used in the constructing, equipping, reconstructing, maintaining,
repairing, enlarging, furnishing or remodeling facilities for any nonprofit zoo. When any
nonprofit zoo shall contract for the purpose of constructing, equipping, reconstructing,
maintaining, repairing, enlarging, furnishing or remodeling facilities, it shall obtain from the
state and furnish to the contractor an exemption certificate for the project involved, and the
contractor may purchase materials for incorporation in such project. The contractor shall
furnish the number of such certificate to all suppliers from whom such purchases are made,
and such suppliers shall execute invoices covering the same bearing the number of such
certificate. Upon completion of the project the contractor shall furnish to the nonprofit zoo
concerned a sworn statement, on a form to be provided by the director of taxation, that all
purchases so made were entitled to exemption under this subsection. All invoices shall be
held by the contractor for a period of five years and shall be subject to audit by the director
of taxation. If any materials purchased under such a certificate are found not to have been
incorporated in the building or other project or not to have been returned for credit or the
sales or compensating tax otherwise imposed upon such materials which will not be so
incorporated in the building or other project reported and paid by such contractor to the
director of taxation not later than the 20th day of the month following the close of the month
in which it shall be determined that such materials will not be used for the purpose for
which such certificate was issued, the nonprofit zoo concerned shall be liable for tax on all
materials purchased for the project, and upon payment thereof it may recover the same
from the contractor together with reasonable attorney fees. Any contractor or any agent,
employee or subcontractor thereof, who shall use or otherwise dispose of any materials
purchased under such a certificate for any purpose other than that for which such a
certificate is issued without the payment of the sales or compensating tax otherwise imposed
upon such materials, shall be guilty of a misdemeanor and, upon conviction therefor, shall
be subject to the penalties provided for in subsection (g) of K.S.A. 79-3615, and amendments
thereto;
(yy) all sales of tangible personal property and services purchased by a parent-teacher
association or organization, and all sales of tangible personal property by or on behalf of
such association or organization;
(zz) all sales of machinery and equipment purchased by over-the-air, free access radio
or television station which is used directly and primarily for the purpose of producing a
broadcast signal or is such that the failure of the machinery or equipment to operate would
cause broadcasting to cease. For purposes of this subsection, machinery and equipment
shall include, but not be limited to, that required by rules and regulations of the federal
communications commission, and all sales of electricity which are essential or necessary for
the purpose of producing a broadcast signal or is such that the failure of the electricity would
cause broadcasting to cease;
(aaa) all sales of tangible personal property and services purchased by a religious
organization which is exempt from federal income taxation pursuant to section 501 (c)(3)
of the federal internal revenue code, and used exclusively for religious purposes; and
(bbb) all sales of food for human consumption by an organization which is exempt from
federal income taxation pursuant to section 501 (c)(3) of the federal internal revenue code
of 1986, pursuant to a food distribution program which offers such food at a price below
cost in exchange for the performance of community service by the purchaser thereof.
Sec. 19. K.S.A. 21-4214, 39-7,117, 65-669, 65-1130, 65-2896e, 65-4116, 65-4123, 65-
4134 and 65-4202 and K.S.A. 1998 Supp. 40-2123, 60-4403, 65-1626, 65-1627, 65-1627i,
65-1643, 65-1660, 65-2837a, 65-4101 and 79-3606 are hereby repealed.'';
And by renumbering the remaining section accordingly;
Also on page 11, in line 26, before ``its'' by inserting ``April 1, 2000, and'';
On page 1, in the title, in line 10, by striking ``concerning health care providers; relating
to'' and inserting ``authorizing physicians' assistants and''; in line 11, by striking ``and midlevel
practitioners'' and inserting ``to prescribe drugs''; in line 12, by striking all before ``and''
where it appears for the last time and inserting ``21-4214, 39-7,117, 65-669, 65-1130, 65-
2896e, 65-4116, 65-4123, 65-4134 and 65-4202 and K.S.A. 1998 Supp. 40-2123, 60-4403,
65-1626, 65-1627, 65-1643, 65-1660, 65-2837a, 65-4101 and 79-3606''; in line 13, before
the period, by inserting ``; also repealing K.S.A. 1998 Supp. 65-1627i''; and the bill be passed
as amended.
HB 2213, as amended by House Committee, be amended on page 4, in line 34, by
striking ``(a)'' and inserting in lieu thereof ``(b)'';
On page 5, in line 3, after the period, by inserting: ``When a client has symptoms of a
mental disorder, a licensed clinical professional counselor shall consult with the client's
primary care physician or psychiatrist to determine if there may be a medical condition or
medication that may be causing or contributing to the client's symptoms of a mental
disorder. A client may request in writing that such consultation be waived and such request
shall be made a part of the client's record. A licensed clinical professional counselor may
continue to evaluate and treat the client until such time that the medical consultation is
obtained or waived.
(4)'';
Also on page 5, in line 11, after the period, by inserting: ``When a client has symptoms
of a mental disorder, a licensed professional counselor shall consult with the client's primary
care physician or psychiatrist to determine if there may be a medical condition or medication
that may be causing or contributing to the client's symptoms of a mental disorder. A client
may request in writing that such consultation be waived and such request shall be made a
part of the client's record. A licensed professional counselor may continue to evaluate and
treat the client until such time that the medical consultation is obtained or waived.'';
On page 6, after line 8, by inserting the following:
``New Sec. 4. A licensee under the professional counselors licensure act, at the
beginning of a client-therapist relationship, shall inform the client of the level of such
licensee's training and the title or titles and license or licenses of such licensee. As a part of
such obligation, such licensee shall disclose whether such licensee has a master's degree or
a doctoral degree. If such licensee has a doctoral degree, such licensee shall disclose whether
or not such doctoral degree is a doctor of medicine degree or some other doctoral degree.
If such licensee does not have a medical doctor's degree, such licensee shall disclose that
the licensee is not authorized to practice medicine and surgery and is not authorized to
prescribe drugs. As a part of such disclosure, such licensee shall advise the client that certain
mental disorders can have medical or biological origins, and that the client should consult
with a physician. Documentation of such disclosures to a client shall be made in the client's
record.'';
And by renumbering sections accordingly;
On page 8, in line 39, after the period, by inserting: ``There is no privilege under this
section for information which is required to be reported to a public official.'';
On page 12, in line 38, after the period, by inserting: ``When a client has symptoms of a
mental disorder, a licensed specialist clinical social worker shall consult with the client's
primary care physician or psychiatrist to determine if there may be a medical condition or
medication that may be causing or contributing to the client's symptoms of a mental
disorder. A client may request in writing that such consultation be waived and such request
shall be made a part of the client's record. A licensed specialist clinical social worker may
continue to evaluate and treat the client until such time that the medical consultation is
obtained or waived.'';
On page 15, in line 21, after the period, by inserting: ``There is no privilege under this
section for information which is required to be reported to a public official.''; in line 24, by
striking all after ``disorders''; in line 25, by striking all before ``(a)'' and inserting: ``specified
in the edition of the diagnostic and statistical manual of mental disorders of the American
psychiatric association designated by the board by rules and regulations:'';
On page 16, in line 3, after the period, by inserting: ``When a client has symptoms of a
mental disorder, a licensed master social worker shall consult with the client's primary care
physician or psychiatrist to determine if there may be a medical condition or medication
that may be causing or contributing to the client's symptoms of a mental disorder. A client
may request in writing that such consultation be waived and such request shall be made a
part of the client's record. A licensed master social worker may continue to evaluate and
treat the client until such time that the medical consultation is obtained or waived.
New Sec. 17. A licensee, under the provisions of article 63 of chapter 65 of the Kansas
Statutes Annotated, at the beginning of a client-therapist relationship, shall inform the client
of the level of such licensee's training and the title or titles and license or licenses of such
licensee. As a part of such obligation, such licensee shall disclose whether such licensee has
a master's degree or a doctoral degree. If such licensee has a doctoral degree, such licensee
shall disclose whether or not such doctoral degree is a doctor of medicine degree or some
other doctoral degree. If such licensee does not have a medical doctor's degree, such licensee
shall disclose that the licensee is not authorized to practice medicine and surgery and is not
authorized to prescribe drugs. As a part of such disclosure, such licensee shall advise the
client that certain mental disorders can have medical or biological origins, and that the client
should consult with a physician. Documentation of such disclosures to a client shall be made
in the client's record.'';
And by renumbering sections accordingly;
On page 19, in line 20, after the period, by inserting: ``When a client has symptoms of a
mental disorder, a licensed clinical marriage and family therapist shall consult with the
client's primary care physician or psychiatrist to determine if there may be a medical
condition or medication that may be causing or contributing to the client's symptoms of a
mental disorder. A client may request in writing that such consultation be waived and such
request shall be made a part of the client's record. A licensed clinical marriage and family
therapist may continue to evaluate and treat the client until such time that the medical
consultation is obtained or waived.
(4)'';
Also on page 19, in line 30, after the period, by inserting: ``When a client has symptoms
of a mental disorder, a licensed marriage and family therapist shall consult with the client's
primary care physician or psychiatrist to determine if there may be a medical condition or
medication that may be causing or contributing to the client's symptoms of a mental
disorder. A client may request in writing that such consultation be waived and such request
shall be made a part of the client's record. A licensed marriage and family therapist may
continue to evaluate and treat the client until such time that the medical consultation is
obtained or waived.
New Sec. 21. A licensee under the marriage and family therapists licensure act, at the
beginning of a client-therapist relationship, shall inform the client of the level of such
licensee's training and the title or titles and license or licenses of such licensee. As a part of
such obligation, such licensee shall disclose whether such licensee has a master's degree or
a doctoral degree. If such licensee has a doctoral degree, such licensee shall disclose whether
or not such doctoral degree is a doctor of medicine degree or some other doctoral degree.
If such licensee does not have a medical doctor's degree, such licensee shall disclose that
the licensee is not authorized to practice medicine and surgery and is not authorized to
prescribe drugs. As a part of such disclosure, such licensee shall advise the client that certain
mental disorders can have medical or biological origins, and that the client should consult
with a physician. Documentation of such disclosures to a client shall be made in the client's
record.'';
And by renumbering sections accordingly;
On page 20, in line 21, by striking ``patient'' and inserting ``client''; in line 25, by striking
``patient'' and inserting ``client''; in line 36, after the period, by inserting: ``There is no
privilege under this section for information which is required to be reported to a public
official.'';
On page 21, in line 28, after the period, by inserting: ``If a licensed psychologist cannot
make an independent diagnosis of a mental disorder, such psychologist shall consult with
the client's primary care physician or psychiatrist to determine if there may be a medical
condition or medication that may be causing or contributing to the client's symptoms of a
mental disorder. A client may request in writing that such consultation be waived and such
request shall be made a part of the client's record. A licensed psychologist may continue to
evaluate and treat the client until such time that the medical consultation is obtained or
waived.'';
Also on page 21, after line 40, by inserting the following:
``New Sec. 26. A licensee under the licensure of psychologists act of the state of Kansas,
at the beginning of a client-therapist relationship, shall inform the client of the level of such
licensee's training and the title or titles and license or licenses of such licensee. As a part of
such obligation, such licensee shall disclose whether such licensee has a master's degree or
a doctoral degree. if such licensee has a doctoral degree, such licensee shall disclose whether
or not such doctoral degree is a doctor of medicine degree or some other doctoral degree.
If such licensee does not have a medical doctor's degree, such licensee shall disclose that
the licensee is not authorized to practice medicine and surgery and is not authorized to
prescribe drugs. As a part of such disclosure, such licensee shall advise the client that certain
mental disorders can have medical or biological origins, and that the client should consult
with a physician. Documentation of such disclosures to a client shall be made in the client's
record.'';
And by renumbering sections accordingly;
On page 22, in line 24, after the period, by inserting: ``There is no privilege under this
section for information which is required to be reported to a public official.''; in line 33, by
striking ``masters level psychologist'' and inserting ``psychotherapist''; in line 35, by striking
``clinical'';
On page 23, in line 6, by striking ``masters level psychologist'' and inserting
``psychotherapist''; in line 9, after the period, by inserting: ``When a client has symptoms of
a mental disorder, a licensed masters level psychologist shall consult with the client's primary
care physician or psychiatrist to determine if there may be a medical condition or medication
that may be causing or contributing to the client's symptoms of a mental disorder. A client
may request in writing that such consultation be waived and such request shall be made a
part of the client's record. A licensed masters level psychologist may continue to evaluate
and treat the client until such time that the medical consultation is obtained or waived.''; in
line 12, by striking ``masters''; in line 13, by striking all before ``may'' and inserting
``psychotherapist''; also in line 13, by striking all after ``clinical''; in line 14, by striking all
before ``and'' and inserting ``psychotherapist''; also in line 14, by striking ``LCMLP'' and
inserting ``LCP''; after line 15, by inserting the following:
``New Sec. 31. A licensee under this act, at the beginning of a client-therapist
relationship, shall inform the client of the level of such licensee's training and the title or
titles and license or licenses of such licensee. As a part of such obligation, such licensee
shall disclose whether such licensee has a masters degree or a doctoral degree. If such
licensee has a doctoral degree, such licensee shall disclose whether or not such doctoral
degree is a doctor of medicine degree or some other doctoral degree. If such licensee does
not have a medical doctor's degree, such licensee shall disclose that the licensee is not
authorized to practice medicine and surgery and is not authorized to prescribe drugs. As a
part of such disclosure, such licensee shall advise the client that certain mental disorders
can have medical or biological origins, and that the client should consult with a physician.
Documentation of such disclosures to a client shall be made in the client's record.'';
And by renumbering sections accordingly;
On page 24, in line 27, by striking all after ``clinical''; in line 28, by striking all before
``shall'' and inserting ``psychotherapist'';
On page 25, in line 33, by striking all after ``clinical''; in line 34, by striking all before ``by''
and inserting ``psychotherapist'';
On page 26, in line 4, by striking ``masters level psychologist'' and inserting
``psychotherapist''; in line 8, after the period, by inserting: ``When a client has symptoms of
a mental disorder, a licensed clinical psychotherapist shall consult with the client's primary
care physician or psychiatrist to determine if there may be a medical condition or medication
that may be causing or contributing to the client's symptoms of a mental disorder. A client
may request in writing that such consultation be waived and such request shall be made a
part of the client's record. A licensed clinical psychotherapist may continue to evaluate and
treat the client until such time that the medical consultation is obtained or waived.''; in line
32, by striking all after ``clinical'' and inserting ``psychotherapist'';
On page 27, in line 29, before ``practice'' by inserting ``independent''; also in line 29, by
striking ``clinical'' and inserting ``psychotherapist''; in line 30, by striking all after ``clinical'';
in line 31, by striking all before ``or'' where it appears for the first time and inserting
``psychotherapist''; also in line 31, by striking ``LCMLP'' and inserting ``LCP''; in line 33, by
striking ``masters level psychologist'' and inserting ``psychotherapist''; in line 34, by striking
``masters level psychologist'' and inserting ``psychotherapist''; in line 42, by striking ``masters
level psychologist'' and inserting ``psychotherapist''; also in line 42, by striking
``psychologist's'' and inserting ``psychotherapist's'';
On page 28, in line 4, by striking all before ``from'' and inserting ``psychotherapist''; in
line 9, after the period, by inserting: ``There is no privilege under this section for information
which is required to be reported to a public official.''; and the bill be passed as amended.
HB 2215 be amended on page 14, in line 5, by striking ``and conduct'';
On page 16, in line 1, before ``expire'' by inserting ``authorize a student who is enrolled
in an approved school of respiratory therapy and who holds such special permit to practice
respiratory therapy under the supervision of a licensed respiratory therapist. Such special
permit shall''; and the bill be passed as amended.
HB 2362 be amended on page 1, in line 14, by striking ``act'' and inserting ``section''; in
line 19, by striking ``major hearing defects'' and inserting ``significant hearing loss''; in line
25, by striking ``major hearing defects'' and inserting ``significant hearing loss''; after line 26,
by inserting the following:
``(d) Information obtained by the secretary of health and environment under this section
shall be confidential and shall not be disclosed except to notify the primary care physician
and the parents or guardian of the child of the screening results.'';
And by relettering subsections accordingly;
Also on page 1, after line 34, by inserting the following:
``Sec. 2. Sections 2 to 16, inclusive, of this act shall be known and may be cited as the
residential childhood lead poisoning prevention act.
Sec. 3. Definitions. As used in the residential childhood lead poisoning prevention act:
(a) ``Abatement'' means any measure or set of measures designed to permanently
eliminate lead-based paint hazards as defined in the federal program.
(b) ``Accredited training program'' means a training program that has been accredited
by the federal program or the secretary to present training courses to individuals engaged
in lead-based paint activities.
(c) ``Business entity'' means a company, partnership, corporation, sole proprietorship,
association, or other business concern.
(d) ``Certificate'' means an authorization issued by the secretary permitting an individual
to engage in lead-based paint activities.
(e) ``Federal program'' means subpart L, lead-based paint activities of 40 CFR part 745,
as in effect on the effective date of this act.
(f) ``Lead-based paint'' means paint or other surface coatings that contain lead equal to
or in excess of one milligram per square centimeter or more than 0.5% by weight.
(g) ``Lead-based paint activities'' means the inspection, assessment and abatement of
lead-based paint, including the disposal of waste generated therefrom.
(h) ``License'' means an authorization issued by the secretary permitting a business
entity to engage in lead-based paint activities.
(i) ``Public agency'' means any state agency or political or taxing subdivision of the state
and those federal departments, agencies or instrumentalities thereof which are not subject
to preemption.
(j) ``Secretary'' means the secretary of health and environment.
(k) ``Residential dwelling'' means a detached single family dwelling or a single family
dwelling unit in a structure that contains more than one separate residential dwelling unit
used as a place of residence for habitation by an individual or the individual's immediate
family, or both.
(l) ``Habitation'' means a place of abode or residence constructed before 1978 where
individuals eat, sleep and reside.
(m) ``Immediate family'' means spouse, parent, stepparent, child, stepchild or sibling.
Sec. 4. The secretary shall administer the provisions of the residential childhood lead
poisoning prevention act. In administering the provisions of the residential childhood lead
poisoning prevention act, the secretary shall be authorized to:
(a) Develop and implement a childhood lead poisoning prevention program as necessary
to protect the health of the children of Kansas, which may include provisions to:
(1) Investigate the extent of childhood lead poisoning in Kansas;
(2) develop a data management system designed to collect and analyze information on
childhood lead poisoning;
(3) develop and conduct programs to educate health care providers regarding the
magnitude and severity of and the necessary responses to lead poisoning in Kansas;
(4) issue recommendations for the methods and intervals for blood lead screening and
testing of children, taking into account recommendations by the United States centers for
disease control and prevention, except that no child shall be screened or tested if the child's
parent or guardian objects in writing on the ground that such screening or testing is contrary
to the parent's or guardian's religious beliefs and practices;
(5) develop and issue health advisories urging health care providers to conduct blood
lead screening of children;
(6) encourage health care providers to ensure that parents and guardians of children
are advised of the availability and advisability of screening and testing for lead poisoning;
(7) develop a program to assist local health departments in identification and follow-up
of cases of elevated blood lead levels in children and other high-risk individuals; and
(8) in consultation with appropriate federal, state and local agencies, develop a
comprehensive public education program regarding environmental lead exposures and lead
poisoning by:
(A) Identifying appropriate target groups that are in a position to prevent lead poisoning
or reduce the number of children who are exposed to lead;
(B) assessing the information needed for each of the target groups and determine the
best means of educating the members of each target groups; and
(C) disseminating the information to the target groups in an effective manner.
(b) adopt rules and regulations necessary for the administration of the residential
childhood lead poisoning prevention act including, but not limited to, licensure of business
entities and public agencies, certification of individuals, accreditation of training programs,
on-site inspections and requirements, notification and record keeping, procedures and work
practice standards relating to lead-based paint activities as are necessary to protect the public
health and safety;
(c) adopt by rules and regulations a reasonable schedule of fees for the issuance and
renewal of certificates and licenses, training program accreditations and on-site inspections.
The fees shall be periodically increased or decreased consistent with the need to cover the
direct and indirect costs to administer the program. At no time shall such fees exceed those
charged by the United States environmental protection agency for the same or similar
regulatory programs. The fees shall be based upon the amount of revenue determined by
the secretary to be required for proper administration of the provisions of the residential
childhood lead poisoning prevention act. State and local health department personnel
certifying for the purpose of environmental investigation of lead poisoned children shall be
exempted from licensure fees;
(d) conduct on-site inspections of procedures being utilized by a licensee during an
actual abatement project and conduct inspection of the records pertaining to the residential
childhood lead poisoning prevention act;
(e) adopt rules and regulations regarding the distribution of lead hazard information to
owners and occupants of housing prior to conducting renovation activities in housing;
(f) develop rules and regulations to control and disposition and reuse of architectural
debris that contains lead-based paint.
Sec. 5. (a) A business entity or public agency shall not engage in a lead-based paint
activity unless the business entity or public agency holds a license issued by the secretary
for that purpose.
(b) Except as otherwise provided in the residential childhood lead poisoning prevention
act, no individual shall engage in lead-based paint activities unless the individual holds a
certificate issued by the secretary for that purpose. In order to qualify for a certificate, an
individual must have successfully completed an accredited training program and pass a third
party exam as required by the secretary. Any individual who owns and resides in a residential
dwelling may perform lead-based paint activities within such residential dwelling even
though such individual does not hold a certificate for that purpose under the residential
childhood lead poisoning prevention act. All work performed by such individual owner of a
residential dwelling must be performed in accordance with state and federal guidelines or
statutes, or both.
(c) Any business or public agency that owns or leases a nonresidential dwelling may
perform lead-based paint activities within such facility even though such business or public
agency does not hold a certificate for that purpose under the residential childhood lead
poisoning prevention act. All work performed by a business or public agency on such facility
must be performed in accordance with state and federal guidelines or statutes, or both.
Sec. 6. In order to qualify for a license, a business entity or public agency shall:
(a) Ensure that each employee or agent of the business entity or public agency who will
engage in a lead-based paint activity is certified;
(b) demonstrate to the satisfaction of the secretary that the business entity or public
agency is capable of complying with all requirements, procedures and standards of the
United States environmental protection agency, the United States occupational safety and
health administration and the secretary, as applicable, to lead-based paint activities;
(c) comply with all rules and regulations adopted by the secretary under the residential
childhood lead poisoning prevention act; and
(d) allow representatives of the secretary, after identification, to enter and inspect any
habitation or property on which a habitation is situated at any reasonable time with consent
of the owner or under search warrant for the purpose of inspecting lead-based paint activities
as required in order to implement provisions of the residential childhood lead poisoning
prevention act.
Sec. 7. The secretary shall remit all moneys received from the fees established pursuant
to the residential childhood lead poisoning prevention act to the state treasurer at least
monthly. Upon receipt of each remittance, the state treasurer shall deposit the entire amount
thereof in the lead-based paint hazard fee fund established in section 8 and amendments
thereto.
Sec. 8. (a) There is established in the state treasury the lead-based paint hazard fee
fund. Revenue from the following sources shall be deposited in the state treasury and
credited to the fund:
(1) Fees collected under the residential childhood lead poisoning prevention act for
licensure and certification to engage in lead-based paint activities, accreditation of training
programs and fees for evaluation of abatement projects;
(2) any moneys recovered by the state under the residential childhood lead poisoning
prevention act, including administrative expenses, civil penalties and moneys paid under
any agreement, stipulation or settlement;
(3) any moneys collected or received from public or private grants and from gifts and
donations; and
(4) interest attributable to investment of moneys in the fund.
(b) Moneys deposited in the fund shall be expended only for the purpose of
administering the residential childhood lead poisoning prevention act and for no other
governmental purposes.
(c) On or before the 10th day of each month, the director of accounts and reports shall
transfer from the state general fund to the lead-based paint hazard fee fund interest earnings
based on:
(1) The average daily balance of moneys in the lead-based paint hazard fee fund for the
preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding
month.
(d) All expenditures from the fund shall be made in accordance with appropriation acts
upon warrants of the director of accounts and reports issued pursuant to vouchers approved
by the secretary for the purposes set forth in this section.
Sec. 9. (a) The secretary may refuse to issue a license or may suspend or revoke any
license issued under the residential childhood lead poisoning prevention act if the secretary
finds, after notice and hearing conducted in accordance with the provisions of the Kansas
administrative procedure act, that the applicant or licensee has:
(1) Fraudulently or deceptively obtained or attempted to obtain a license;
(2) failed at any time to meet the qualifications for a license or to comply with any rules
and regulations adopted by the secretary under the residential childhood lead poisoning
prevention act;
(3) failed at any time to meet any applicable federal or state standard for lead-based
paint activities; or
(4) employed or permitted an uncertified individual to work on a lead-based paint
activity.
(b) The secretary may refuse to issue a certificate or may suspend or revoke any
certificate issued under the residential childhood lead poisoning prevention act if the
secretary finds, after notice and hearing conducted in accordance with the provisions of the
Kansas administrative procedure act, that the applicant for certificate or certificate holder
has:
(1) Fraudulently or deceptively obtained or attempted to obtain a certificate; or
(2) failed at any time to meet qualifications for a certificate or to comply with any
provision or requirement of the residential childhood lead poisoning prevention act or any
rules and regulations adopted by the secretary under the residential childhood lead
poisoning prevention act.
(c) The secretary may deny, suspend or revoke any accreditation of a training program
under the residential childhood lead poisoning prevention act if the secretary finds, after
notice and hearing conducted in accordance with the provisions of the Kansas administrative
procedure act, that the applicant for training program accreditation or training provider has:
(1) Fraudulently or deceptively obtained or attempted to obtain accreditation of a
training program;
(2) failed at any time to meet the qualifications to obtain accreditation of a training
program or to comply with any rules and regulations adopted by the secretary under the
residential childhood lead poisoning prevention act;
(3) failed to maintain or provide information on training programs; or
(4) falsified information, accreditation or approval records, instructor qualification
information or other accreditation or approval information required to be submitted by the
secretary.
(d) Any individual, business entity or accredited training program aggrieved by a
decision or order of the secretary may appeal the order or decision in accordance with the
provisions of the act for judicial review and civil enforcement of agency actions.
(e) (1) If the secretary finds that the public health or safety is endangered by the
continuation of an abatement project, the secretary may temporarily suspend, without notice
or hearing in accordance with the emergency adjudication procedures of the provisions of
the Kansas administrative procedure act, the license of the business entity or public agency
or the certificate of any person engaging in such abatement project.
(2) In no case shall a temporary suspension of a license or certificate under this section
be in effect for a period of time in excess of 90 days. At the end of such period of time, the
license or certificate shall be reinstated unless the secretary has suspended or revoked the
license or certificate, after notice and hearing in accordance with the provisions of the
residential childhood lead poisoning prevention act, or the license has expired as otherwise
provided under the residential childhood lead poisoning prevention act.
Sec. 10. Whenever an authorized agency of the secretary finds that any individual,
business entity, accredited program or public agency is not in compliance with the residential
childhood lead poisoning prevention act or any rules and regulations adopted under the
residential childhood lead poisoning prevention act, it shall be the duty of such agent to
notify the individual, business entity, accredited program or public agency in writing of such
changes or alterations as the agency shall deem necessary in order to comply with the
requirements of the residential childhood lead poisoning prevention act and any rules and
regulations adopted under the residential childhood lead poisoning prevention act, and the
agency shall file a copy of such notice with the secretary. It shall thereupon be the duty of
the individual, business entity, accredited program or public agency to make such changes
or alterations as are contained in the written notice within five days from the receipt of such
notice.
Sec. 11. Any individual, business entity, public agency or accredited training program
which knowingly violates any provision of the residential childhood lead poisoning
prevention act or any rules and regulations adopted under the residential childhood lead
poisoning prevention act is guilty:
(a) For a first offense, of a class C misdemeanor; and
(b) for a second offense or subsequent offense, of a class B misdemeanor.
Sec. 12. (a) Any individual, business entity, accredited training program or public
agency who violates any provision of the residential childhood lead poisoning prevention act
or any rules and regulations adopted under the residential childhood lead poisoning
prevention act, in addition to any other penalty or litigation provided by law, may incur a
civil penalty imposed under subsection (b) in a maximum amount not to exceed $1,000 for
the first violation, $5,000 for each subsequent violation and, in the case of a continuing
violation, every day such previously notified violation continues shall be deemed a separate
violation.
(b) The secretary, upon finding that any individual, business entity, accredited training
program or public agency has violated any provision of the residential childhood lead
poisoning prevention act or any rules and regulations adopted under the residential
childhood lead poisoning prevention act, may impose a civil penalty within the limits
provided in this section upon such individual, business entity, accredited training program
or public agency which civil penalty shall be in an amount to constitute an actual and
substantial economic deterrent to the violation for which the civil penalty is assessed.
(c) The secretary, upon finding that an individual, business entity, accredited training
program or public agency has violated any provision of the residential childhood lead
poisoning prevention act or rules and regulations adopted under the residential childhood
lead poisoning prevention act, may issue an order finding such individual, business entity,
accredited training program or public agency in violation of the residential childhood lead
poisoning prevention act and directing the individual, business entity, accredited training
program or public agency to take such action as necessary to correct the violation.
(d) No civil penalty shall be imposed under this section except upon the written order
of the secretary after notification and hearing, if a hearing is requested, in accordance with
the provisions of the Kansas administrative procedure act.
(e) Any individual, business entity, accredited training program or public agency
aggrieved by an order of the secretary made under this section may appeal such order to
the district court in the manner provided by the act for judicial review and civil enforcement
of agency actions.
(f) Any penalty recovered pursuant to the provisions of this section shall be remitted to
the state treasurer and deposited in the lead-based paint hazard fee fund.
(g) The secretary shall use penalties recovered pursuant to the provisions of this section
to establish a grant program for communities to conduct activities designed to reduce or
eliminate exposure of children to residential lead-based paint hazards.
Sec. 13. Notwithstanding any other remedy and in addition to any other remedy, the
secretary may maintain, in the manner provided by the act for judicial review and civil
enforcement of agency actions, an action in the name of the state of Kansas for injunction
or other process against any business entity or individual to restrain or prevent any violation
of the provisions of the residential childhood lead poisoning prevention act or of any rules
and regulations adopted under the residential childhood lead poisoning prevention act.
Sec. 14. Licensure, certification or training program accreditation for a business entity,
public agency or individual who engages in lead-based paint activities shall not be required
until such time as the secretary adopts rules and regulations to implement the provisions of
the residential childhood lead poisoning prevention act.
Sec. 15. The audit privilege recognized in K.S.A. 1998 Supp. 60-332 through 60-339
does not pertain to the residential childhood lead poisoning prevention act.
Sec. 16. On July 1, 2004, the provisions of sections 2 to 16, inclusive, of this act are
hereby repealed.'';
And by renumbering sections accordingly;
In the title, in line 9, after ``ACT'' by inserting ``concerning the secretary of health and
environment; concerning infants and children;''; also in line 9, before ``repealing'' by
inserting ``enacting the residential childhood lead poisoning prevention act;''; and the bill
be passed as amended.
REPORT ON ENGROSSED BILLS
SB 345, 350 reported correctly engrossed March 24, 1999.
COMMITTEE OF THE WHOLE
On motion of Senator Emert the Senate resolved itself into Committee of the Whole for
consideration of bills on the calendar under the heading of General Orders with Senator
Lawrence in the chair.
On motion of Senator Lawrence the following report was adopted:
The Committee returned to consideration of HB 2071, as amended by adoption of the
committee report and by Senator Langworthy in Committee of the Whole, Tuesday, March
23, 1999. Recommended HB 2071 be further amended by motion of Senator Langworthy
on page 65, in line 28, by striking ``demand'' and inserting ``revenue''.
The bill be further amended by motion of Senator Tyson on page 57, in line 31, after the
period, by inserting ``Such moneys shall not be expended on any recreational trail, as defined
in subsection (b) of K.S.A. 1998 Supp. 58-3211, and amendments thereto'', and the bill be
passed as further amended.
The following amendments offered to HB 2071 were rejected:
Senator Huelskamp moved to amend the bill on page 48, in line 42, by striking ``Such''
and inserting ``Except as provided in subsection (c), such'';
On page 49, following line 2, by inserting the following:
``(c) (1) A qualified entity or beneficiary accepting funds or benefits from the rail service
improvement fund shall be obligated to arbitrate unresolved disputes involving the
transportation of agricultural products, including grain, as defined in the United States Grain
Standards Act, 7 U.S.C. § 75, and products thereof, upon request by a rail user, except that
neither a qualified entity or rail user shall be required to arbitrate a dispute involving the
level of a rail rate governed by the interstate commerce commission termination act of 1995,
Pub. L. 104-88, 109 Stat. 803, (1995), as now existing or hereinafter amended.
(2) A qualified entity and rail users may enter into agreements setting forth the fair and
equitable procedures, including the arbitration forum, for processing disputes subject to
binding arbitration under this subsection. Such agreements shall be considered agreements
to arbitrate under Kansas law.
(3) In those cases where a dispute arises and the parties have not entered an agreement
as described in paragraph (2), the dispute shall be subject to binding arbitration before a
recognized national arbitration system. If the parties cannot agree on an arbitrator, the
Kansas secretary of transportation or the secretary's designee may refer the dispute to
binding arbitration before a recognized national arbitration system upon application of one
or more parties. Such reference shall be considered an agreement to arbitrate under Kansas
law.'';
Also on page 49, in line 3, by striking ``(c)'' and inserting ``(d)''; in line 12, by striking ``(d)''
and inserting ``(e)''; in line 17, by striking ``(e)'' and inserting ``(f)''; in line 22, by striking
``(f)'' and inserting ``(g)''; in line 26, by striking ``(g)'' and inserting ``(h)''.
The motion failed and the amendment was rejected.
Senator Harrington moved to amend the bill by striking all on pages 11 through 32;
On page 33, by striking all of lines 1 through 20;
By renumbering sections accordingly;
On page 66, by striking lines 42 and 43;
On page 67, by striking line 1;
By renumbering sections accordingly;
On page 1, in the title, by striking all of line 16; in line 17, by striking ``8-2409,''; in line
22, by striking ``8-143, 8-143j, 8-172,''.
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 15, nays 25, present and passing 0; absent or not voting
0.
Yeas: Bleeker, Brownlee, Clark, Gilstrap, Harrington, Hensley, Huelskamp, Jordan, Petty,
Pugh, Ranson, Salisbury, Salmans, Steineger, Tyson.
Nays: Barone, Becker, Biggs, Bond, Corbin, Donovan, Downey, Emert, Feleciano,
Gooch, Goodwin, Hardenburger, Jones, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen,
Praeger, Steffes, Stephens, Umbarger, Vidricksen, Vratil.
The motion failed and the amendment was rejected.
Senator Brownlee moved to amend the bill on page 44, in line 40, by inserting ``not to
exceed 6%'' after the word ``rates''.
The motion failed and the amendment was rejected.
Senator Jones moved to amend the bill following page 59, by inserting the following:
On page 60, by striking ``(a) On and after July 1, 1999, until July 1, 2020'' and inserting
``(d) On and after July 1, 2002, until July 1, 2020'';
On page 61, by striking ``(b)'' and inserting ``(e)'';
On page 62, in line 38, following ``be'' by inserting ``$11 until July 1, 2000, $11.50 until
July 1, 2001, $12 until July 1, 2002,'';
On page 63, in line 34, by striking ``2020'' and inserting ``2000''; in line 36, by striking
``$.23'' and inserting ``$.20''; in line 37, by striking ``$.25'' and inserting ``$.22''; in line 38,
by striking ``$.22'' and inserting ``$.19''; following line 38, by inserting the following:
``(b) On and after July 1, 2000, until July 1, 2001, the tax imposed under this act shall
be not less than:
(1) On motor-vehicle fuels, $.21 per gallon, or fraction thereof;
(2) on special fuels, $.23 per gallon, or fraction thereof; and
(3) on LP-gas, $.20 per gallon, or fraction thereof.
(c) On and after July 1, 2001, until July 1, 2002, the tax imposed under this act shall be
not less than:
(1) On motor-vehicle fuels, $.22 per gallon, or fraction thereof;
(2) on special fuels, $.24 per gallon, or fraction thereof; and
(3) on LP-gas, $.21 per gallon, or fraction thereof.
(d) On and after July 1, 2002, until July 1, 2020, the tax imposed under this act shall be
not less than:
(1) On motor-vehicle fuels, $.23 per gallon, or fraction thereof;
(2) on special fuels, $.25 per gallon, or fraction thereof; and
(3) on LP-gas, $.22 per gallon, or fraction thereof.'';
Also on page 63, in line 39, by striking ``(b)'' and inserting ``(e)'';
On page 64, in line 6, by striking ``64.85%'' and inserting ``63.9%''; in line 7, by striking
``35.15%'' and inserting ``36.1%''.
The motion failed and the amendment was rejected.
Senator Petty moved to amend the bill on page 66, after line 33, by inserting a section to
read as follows:
``New Sec. 54. (a) On July 1, 1999, and quarterly thereafter, the secretary of revenue
shall certify to the director of accounts and reports the amount equal to .1% of the total
revenues received by the secretary from the taxes imposed under the Kansas retailers' sales
tax act and deposited in the state treasury and credited to the state general fund during the
preceding three calendar months.
(b) Upon receipt of each certification under subsection (a), the director of accounts and
reports shall transfer from the state general fund to the human resources incentive fund,
which is hereby created in the state treasury an amount equal to the amount so certified,
on each January 1, April 1, July 1 and October 1.
(c) All transfers made in accordance with the provisions of this section shall be
considered to be demand transfers from the state general fund.'';
And by renumbering sections accordingly.
The chair ruled the amendment not to be germane to the bill.
The ruling of the chair was challenged.
Citing Robert's Rules of Order, newly revised, President Bond advised a vote taken would
be to sustain the decision of the chair.
The chair was sustained and the amendment was not considered.
Senator Clark moved to amend the bill on page 44, in line 25, by striking ``$990,000,000''
and inserting ``$600,000,000''.
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 16, nays 21, present and passing 3; absent or not voting
0.
Yeas: Brownlee, Clark, Gilstrap, Gooch, Harrington, Hensley, Huelskamp, Jones, Jordan,
Lee, Petty, Pugh, Salmans, Steineger, Stephens, Tyson.
Nays: Barone, Becker, Biggs, Bond, Corbin, Donovan, Emert, Feleciano, Goodwin,
Hardenburger, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Salisbury, Steffes,
Umbarger, Vidricksen, Vratil.
Present and passing: Bleeker, Downey, Ranson.
The motion failed and the amendment was rejected.
Recommended the committee report on Sub SB 106 recommending a substitute bill be
adopted, and the substitute bill be passed.
Also the committee report on Sub SB 117 recommending a substitute bill be adopted,
and the substitute bill be passed.
SB 158 be amended by adoption of the committee amendments, and the bill be passed
as amended.
Sub SB 301 be amended by adoption of the committee report recommending a substitute
bill, be further amended by motion of Senator Biggs on page 2, in line 26, by striking ``(a)'';
in line 28, after ``which'' by inserting ``(a)'';
On page 8, in line 28, before ``to'' by inserting ``then'';
On page 10, in line 11, by striking ``f'';
On page 17, in line 32, after the period, by inserting ``For the purposes of this subsection,
a creditor may assume that a month has 30 days, regardless of the actual number of days in
the month.'';
On page 21, in line 24, by striking ``(10)'' and inserting ``(11)'';
On page 28, in line 4, after ``exceed'' by inserting ``: (a) 36% per annum on any such loan
in an amount of $860 or less, and (b)''; also in line 4, after ``annum'' by inserting ``on any
such loan in an amount which exceeds $860'';
On page 29, in line 12, by striking ``subparagraph'' and inserting ``paragraph''; in line 17,
by striking ``subparagraph'' and inserting ``paragraph''; in line 33, before the period, by
inserting ``governed by K.S.A. 16a-2-404, and amendments thereto'';
On page 32, in line 42, by striking ``under subsection (2)'';
On page 33, after line 19, by inserting the following:
``Sec. 20. K.S.A. 16a-2-404 is hereby amended to read as follows: 16a-2-404. (1) On
consumer loan transactions in which cash is advanced:
(a) With a short term,
(b) a single payment repayment is anticipated, and
(c) such cash advance is equal to or less than the maximum amount of the first tier used
in the blended alternative rate in paragraph (a) of subsection (2) of K.S.A. 16a-2-401, and
amendments thereto, and adjusted in K.S.A. 16a-2-401a, and amendments thereto $860, a
licensed or supervised lender may charge in lieu of the loan finance charges specified in
K.S.A. 16a-2-401, and amendments thereto, the following amounts:
(i) On any amount up to and including $50, a charge of $5.50 may be added;
(ii) on amounts in excess of $50, but not more than $100, a charge may be added equal
to 10% of the loan proceeds plus a $5 administrative fee;
(iii) on amounts in excess of $100, but not more than $250 a charge may be added equal
to 7% of the loan proceeds with a minimum of $10 plus a $5 administrative fee;
(iv) for amounts in excess of $250 and not greater than the maximum defined in this
section, a charge may be added equal to 6% of the loan proceeds with a minimum of $17.50
plus a $5 administrative fee.
(2) The maximum term of any loan made under this section shall be 30 days.
(3) The contract rate of any loan made under this section shall not be more than 3%
per month of the loan proceeds after the maturity date. No insurance charges or any other
charges of any nature whatsoever shall be permitted, except as stated in subsection (6) (5),
including any charges for cashing the loan proceeds if they are given in check form.
(4) Any loan made under this section shall not be repaid by proceeds of another loan
made under this section by the same lender or related interest. The proceeds from any loan
made under this section shall not be applied to any other loan from the same lender or
related interest.
(5) On a consumer loan transaction in which cash is advanced in exchange for a personal
check, a return check charge may be charged if the check is deemed insufficient as defined
in paragraph (e) of subsection 2 (1) of K.S.A. 16a-2-501, and amendments thereto.
(6) In determining whether a consumer loan transaction made under the provisions of
this section is unconscionable conduct under K.S.A. 16a-5-108, and amendments thereto,
consideration shall be given, among other factors, to:
(a) The ability of the borrower to repay within the terms of the loan made under this
section; or
(b) the original request of the borrower for amount and term of the loan are within the
limitations under this section.
(7) This section shall be supplemental to and a part of the uniform consumer credit
code.'';
And by renumbering sections accordingly;
On page 45, in line 11, after ``2-403,'' by inserting ``16a-2-404,'';
On page 1, in the title, in line 12, after ``403,'' by inserting ``16a-2-404,'', and the bill be
passed as further amended.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and Sub SB 106, Sub SB 117; SB 158; Sub SB 301; HB 2071 were advanced to Final
Action and roll call.
Sub SB 106, An act concerning emergency medical and trauma services; establishing an
advisory committee on trauma; establishing a trauma registry; providing for administration
by the secretary of health and environment; amending K.S.A. 20-2801 and K.S.A. 1998
Supp. 8-2106, 12-4117, 12-4214 and 12-4305 and repealing the existing sections, was
considered on final action.
On roll call, the vote was: Yeas 34, nays 6, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Hensley, Jones, Kerr, Langworthy,
Lee, Morris, Oleen, Petty, Praeger, Pugh, Salisbury, Salmans, Steffes, Steineger, Stephens,
Tyson, Umbarger, Vidricksen, Vratil.
Nays: Brownlee, Harrington, Huelskamp, Jordan, Lawrence, Ranson.
The substitute bill passed.
Sub SB 117, An act concerning unclaimed property; providing for the disposition
thereof; amending K.S.A. 58-3934, 58-3936, 58-3938, 58-3943, 58-3949, 58-3952, 58-3953
and 58-3962 and K.S.A. 1998 Supp. 58-3935 and 58-3950 and repealing the existing sections;
also repealing K.S.A. 58-3937, 58-3940, 58-3941, 58-3942, 58-3944, 58-3945, 58-3946, 58-
3947 and 58-3948 and K.S.A. 1998 Supp. 58-3939, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The substitute bill passed.
SB 158, An act relating to propane; creating the Kansas propane education and research
council; providing for the powers, duties and functions thereof; providing for certain
assessments, was considered on final action.
On roll call, the vote was: Yeas 16, nays 18, present and passing 6; absent or not voting
0.
Yeas: Barone, Biggs, Downey, Goodwin, Hardenburger, Hensley, Langworthy, Lee,
Morris, Oleen, Petty, Praeger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Becker, Bleeker, Brownlee, Clark, Corbin, Donovan, Feleciano, Gilstrap,
Harrington, Huelskamp, Jordan, Kerr, Lawrence, Pugh, Ranson, Salmans, Steineger, Tyson.
Present and passing: Bond, Emert, Gooch, Jones, Salisbury, Steffes.
A constitutional majority having failed to vote in favor of the bill, SB 158 did not pass.
Sub SB 301, An act relating to consumer credit; concerning the uniform consumer credit
code; amending K.S.A. 16-207, 16a-1-108, 16a-1-201, 16a-2-103, 16a-2-302, 16a-2-303, 16a-
2-307, 16a-2-401, 16a-2-402, 16a-2-403,16a-2-404, 16a-2-510, 16a-3-301, 16a-3-304, 16a-4-
301, 16a-4-112, 16a-5-203, 16a-5-301, 16a-6-104, 16a-6-105, 16a-6-106, 16a-6-108, 16a-6-
117 and 16a-6-202 and K.S.A. 1998 Supp. 16a-1-301, 16a-2-201, 16a-2-202, 16a-2-501 and
16a-2-502 and repealing the existing sections; also repealing K.S.A. 16a-2-305, 16a-2-306,
16a-5-302, 16a-6-107 and 16a-6-204 and K.S.A. 1998 Supp. 16a-2-401a, was considered on
final action.
On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Tyson, Umbarger,
Vidricksen, Vratil.
Nays: Stephens.
The substitute bill passed, as amended.
HB 2071, An act relating to transportation; providing for a comprehensive transportation
program; concerning the financing thereof; amending K.S.A. 8-143b, 8-143c, 8-143g, 8-
143h, 8- 143i, 8-143k, 8-195, 8-2406, 8-2409, 12-1,119, 68-2033, 68-2073, 68-2096, 68-2315,
68-2316, 68-2320, 75-5032, 75-5033, 75-5034, 75-5035, 75-5037, 75-5046, 75-5048, 75-
5053, 75-5056, 75-5061, 79-3425, 79-3425c, 79-3491a, 79-3492b, 79-34,104, 79-34,118, 79-
34,126, 79-34,141, 79-34,142, 79-34,161 and 79-34,162 and K.S.A. 1998 Supp. 8-143, 8-
143j, 8-172, 68-416, 68- 2321, 79-3408c and 79-34,147 and repealing the existing sections;
also repealing K.S.A. 66-231a, 66-231b, 68-402e, 68-417, 68-417a, 68-417b, 68-2318, 79-
3425d and 79-34,143 and K.S.A. 1998 Supp. 68-2314, was considered on final action.
On roll call, the vote was: Yeas 22, nays 18, present and passing 0; absent or not voting
0.
Yeas: Barone, Becker, Bleeker, Bond, Corbin, Donovan, Downey, Emert, Goodwin,
Hardenburger, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Salisbury, Steffes,
Tyson, Umbarger, Vidricksen, Vratil.
Nays: Biggs, Brownlee, Clark, Feleciano, Gilstrap, Gooch, Harrington, Hensley,
Huelskamp, Jones, Jordan, Lee, Petty, Pugh, Ranson, Salmans, Steineger, Stephens.
The bill passed, as amended.
EXPLANATION OF VOTE
Mr. President: I still hope to be able to vote for a comprehensive transportation plan
during this legislative session. However, I cannot support a plan with an annual sales tax
transfer above 10% during a 10 year period.
Even a 10% transfer could severely limit available funding in future years for education,
social concerns, law enforcement, corrections, foster care, juvenile justice, quality of life
issues, and a multitude of other essential and important state government services. In my
opinion many of these programs are under funded at present. I do not want to have
responsibility for mortgaging the availability of future state services for the sake of building
more highways or other transportation programs.--Don Biggs
Senators Gooch, Hensley, Lee, Petty and Stephens request the record to show they
concur with the ``Explanation of Vote'' offered by Senator Biggs on HB 2071.
Mr. President: Being a steward of someone else's money is an awesome responsibility.
We each have this responsibility as we vote to spend the money of Kansas taxpayers. It is
because of this sense of stewardship that I vote no on HB 2071. The Senate is apparently
unwilling to provide reasonable oversight in the issuance of the bonds to fund this highway
plan. But the Senate is anxious to raise sales taxes on gasoline. These two concepts are
incongruous.
With $8.6 billion in the pipeline for highway expenditures over the next 8 years, I certainly
support building and maintaining Kansas highways. I look forward to voting for a highway
plan without these tax increases. Karin Brownlee
Mr. President: I vote yes on HB 2071. I represent a rural-urban district with diverse
transportation needs, including roads, bridges, airports, railroads and mass transit. The
economics of the many small towns and one large city in my district depend on good roads
for their commerce lifelines. People in my district drive long distances as they commute for
work or recreation. They expect good roads. They expect safe roads.
It is not accurate to assume that a vote for highways is a vote against schools, kids, aging
citizens, disabled and mentally ill populations. Each of these populations not only depends
on highways - in my district - for actual service delivery but their funding depends on
continued economics development all over this state. We cannot continue the commerce
and industry in this state, which generates much of the SGF from which we fund needed
services, without a safe modern road system.
I am not without concerns for the future. I will continue to be a strong advocate for the
needs of schools, and kids, and others. I expect the Governor and today's ardent highway
supports to be there too. This job requires us to balance needs, to see the parts as well as
the whole, to embrace new visions without discarding past responsibilities. The motto for
our future must be, ``All for One and One for All.'' Christine Downey
Senators Barone, Goodwin and Steffes request the record to show they concur with the
``Explanation of Vote'' offered by Senator Downey on SB 2071.
Mr. President: I am voting ``no'' on this bill - not because I oppose improving our state's
infrastructure, but because I cannot condone robbing from the state's general fund to do
it.
Senate Stephens offered a plan that would have only transferred $1.6 billion from the
general fund, as opposed to the nearly $2 billion that the current plan takes from the general
fund.
Is it worth it to put at risk funding for education, foster care, juvenile justice and countless
other programs paid for through the general fund? I say no.
We cannot put these programs at stake simply to fund more highways. We have a duty
to act and vote responsibly and not risk funding education and the other programs I listed.
I do think that we need a new, responsible transportation plan. I also think that the plan
offered by the Senator from Lyon was a responsible plan. However, the plan we are voting
on now is not responsible.
Because I believe that the state must act in a fiscally responsible manner - and because
I believe taking $2 billion from the general fund is not responsible - I must vote ``no''. Paul
Feleciano, Jr.
Senator Lee, requests the record to show she concurs with the ``Explanation of
Vote''offered by Senator Feleciano on SB 2071.
Mr. President: I am supportive of good Highways in Kansas, and believe the 1989
Comprehensive Plan has been a success. I do not believe, however, the Senate version for
HB 2071 with a tax and fee increase, as well as the large bonding debt is responsible and
or good government.
The Governor's Comprehensive Highway Plan proposal does not include a tax or fee
increase.
Hopefully, the Senate and House Conference Committee will come up with a responsible
proposal. One that is fiscally sound for all Kansans. A plan I believe in good conscience I
can support on behalf of my constituency. Nancey Harrington
Senator Petty requests the record to show she concurs with the ``Explanation of Vote''
offered by Senator Harrington on HB 2071.
Mr. President: I vote ``no'' on HB 2071 because it requires an increase in taxes. When
I ran for this office, I agreed that I would not vote for a tax increase while I was in office.
I believe it is important to try to keep one's commitments to the voters.
I am not opposed to a new highway program. In fact, I believe that an improved highway
system provides jobs, opens up more parts of the state for economic growth and makes
driving in Kansas safer.
However, there have been several reasonable plans offered that did not require a tax
increase, including one offered by the governor. I am hopeful that further deliberation will
result in a transportation plan that I can support-one that does not include a tax increase.--
Pat Ranson
Senators Gilstrap, Harrington, Huelskamp, and Salmans request the record to show they
concur with the ``Explanation of Vote'' offered by Senator Ranson on HB 2071.
Mr. President: We need a new highway plan and we need it passed this session. In
1997 alone we experienced 5 accidents per mile on the 20 mile stretch of Highway 169. We
have lost many loved ones on the highways that will receive 4-lane construction in my district.
On the portions of these three highways that lie within my counties we experienced 123
deaths the past nine years. The reasons I'm voting in favor of this bill are:
Robert and Janelle Moore (longtime Franklin County residents and community leaders)
Terry Lewis (longtime Ottawa resident, active in helping youth)
Judy Husted (mother of four children
Racheal Barger's unborn child, 8 months
Samual and Katherine Carraway
Lindsey Carraway, age 12
Dr. William Appenfeller
And the latest dying this month on these roads were Ryan Russell and his fiancee' Sherrie
Page, and Madeline Reynolds from Louisburg. These people died plus the other 111 people
that I don't have room to list here.
I am not in favor of putting increased taxes on our overburdened taxpayers; however, I
cannot weight these new taxes against all of our loved ones and neighbors that we will lose
on these three highways if they are not 4-lane.--Robert Tyson
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and SB 352 was advanced to Final Action, subject to amendment, debate and roll call.
SB 352, An act concerning salaries and compensation for state officers and employees;
amending K.S.A. 1998 Supp. 40-102, 46-137a, 46-137b, 75-3101, 75-3103, 75-3104, 75-
3108, 75-3110 and 75-3111a and repealing the existing sections, was considered on final
action.
The bill was amended by motion of Senator Kerr on page 3, in line 7, after ``Inc.,'' by
inserting ``and''; in line 8, by striking ``and the board of directors of the corporation for
change'';
on page 4, in line 5, by striking ``$8,264'' and inserting ``$7,824''; in line 10, by striking
``$2,945,729'' and inserting ``$2,857,933''.
On roll call, the vote was: Yeas 38, nays 2, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Huelskamp, Tyson.
The bill passed, as amended.
On motion of Senator Emert the Senate adjourned until 9:30 a.m., Thursday, March 25,
1999.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.