March 31, 1999

Journal of the Senate

FIFTY-SIXTH DAY ______

Senate Chamber, Topeka, Kansas

Wednesday, March 31, 1999--9:00 a.m.

The Senate was called to order by Vice-President Alicia L Salisbury.

The roll was called with forty senators present.

Invocation by Chaplain Fred S. Hollomon:

Heavenly Father,

When Jesus approached Jerusalem at the beginning of what we call Holy Week,
the crowds greeted Him with shouts of blessing. By the end of the week they were
calling for His crucifixion.

We should learn from His experience that fame is fleeting and cheering crowds
can turn quickly into jeering mobs. Teach us, O God, not to rely on the plaudits of
the populace. Help us to heed the words of the Psalmist, ``His speech is as smooth
as butter, yet war is in his heart.'' (Psalm 55:21)

Also the wisdom of the proverb, ``Wounds from a friend can be trusted, but an enemy
multiplies kisses.'' (Proverbs 27:6)

Or as a football coach once told me, ``It's a short walk from the castle to the
outhouse.''

I pray this in the Name of Christ,

AMEN

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:

Judiciary: SB 357; HB 2500, 2553.

Ways and Means: SB 358.

MESSAGE FROM THE GOVERNOR
SB 71, 91, 162, 179, 267, 311 approved on March 30, 1999.

MESSAGE FROM THE HOUSE
Announcing passage of HB 2521.

Also, passage of SB 161; Substitute SB 301.

The House concurs in Senate amendments to HB 2049.

The House nonconcurs in Senate amendments to HB 2227, requests a conference and
has appointed Representatives Benlon, Cox and Welshimer as conferees on the part of the
House.

The House accedes to the request of the Senate for a conference on SB 19 and has
appointed Representatives Wagle, Franklin and Klein as conferees on the part of the House.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2521 was thereupon introduced and read by title.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senators Stephens, Bleeker, Clark, Corbin, Emert, Lawrence, Oleen, Salmans and
Umbarger introduced the following Senate resolution, which was read:

SENATE RESOLUTION No. 1848--

A RESOLUTION congratulating and commending the 1999 Kansas Master Teachers.

WHEREAS, Seven educators have been named 1999 Kansas Master Teachers by
Emporia State University and will be honored April 7 by a series of events at Emporia State
University; and

WHEREAS, The Kansas Master Teacher award was established by Emporia State
University in 1954, and over 400 Kansas educators have been honored since the program
was established; and

WHEREAS, The awards are presented annually to teachers who have served the
profession long and well, and who also typify the good qualities of earnest and conscientious
teachers; and

WHEREAS, Candidates for the awards are nominated by local teacher associations,
educational organizations and school faculties. A committee representing educational
organizations across the state selected the 1999 winners; and

WHEREAS, The 1999 Kansas Master Teachers are: Michelle DiLisio, a physical
education teacher at Chanute High School; Mary Machin Hemphill, an elementary art
teacher at Northview Elementary School in Manhattan; Judy Humburg, a 5th grade teacher
at Andover Intermediate School; Mary Porterfield, a spanish/business teacher at Goodland
High School; Linda Maxine Stelzer, a 6th grade reading teacher at Liberty Middle School
in Pratt; Phillip Theis, the head instructor in microbiology at Butler County Community
College in El Dorado; and Curt C. Vajnar, an agriculture education/driver's education
teacher at Hays High School; and

WHEREAS, The 1999 Master Teachers will be entertained and honored at a dinner on
April 7 at the Webb Lecture Hall of the Memorial Union at Emporia State University; and

WHEREAS, All Kansans are proud of these outstanding educators and thank them for
their commitment to their profession: Now, therefore,

Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
the 1999 Kansas Master Teachers; and

Be it further resolved: That the Secretary of the Senate be directed to send enrolled
copies of this resolution to Michelle DiLisio, Rt. #1, Box 35A, Buffalo, Kansas 66717; Mary
Machin Hemphill, 1714 Humboldt St., Manhattan, Kansas 66502; Judy Humburg, 5124 E.
Willow Point Rd., Wichita, Kansas 67220; Mary Porterfield, 2233 Caldwell, Goodland,
Kansas 67735; Linda Maxine Stelzer, 50401 SW 100th St., Coats, Kansas 67028; Phillip
Theis, 522 W. Ash, El Dorado, Kansas 67042; and Curt C. Vajnar, 3506 Canal Blvd. Apt.
B, Hays, Kansas 67601.

On emergency motion of Senator Stephens SR 1848 was adopted unanimously.

REPORTS OF STANDING COMMITTEES
Committee on Elections and Local Government recommends HB 2228 be amended
by substituting a new bill to be designated as ``Senate Substitute for HOUSE BILL No.
2228,'' as follows:

``SENATE Substitute for HOUSE BILL No. 2228 By Committee on Elections and Local Government

``AN ACT concerning campaign finance; relating to the use of public funds and buildings;
enacting the voluntary political contributions act of 1999; amending K.S.A. 1998 Supp.
25-4169a and repealing the existing section.'';

and the substitute bill be passed.

REPORT ON ENGROSSED BILLS
SB 89, 130, 325, 346 reported correctly engrossed March 31, 1999.

Also SB 76, 110, 126, 151, 152, 186, 291 correctly re-engrossed March 31, 1999.

REPORT ON ENROLLED BILLS
SR 1847 reported correctly enrolled, properly signed and presented to the Secretary of
the Senate on March 31, 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
Oleen in the chair.

On motion of Senator Oleen the following report for the morning session was adopted:

Recommended that HB 2352 be amended by adoption of the committee amendments,
and the bill be further amended by motion of Senator Vratil on page 6, in line 28, by striking
all after ``(b)''; by striking all in lines 29 and 30 and inserting ``The court of appeals shall
have jurisdiction to hear appeals by the prosecution from the following orders and judgments
which shall be reviewable only upon application for leave to appeal granted by the court of
appeals:''; in line 38, after ``(c)'' by inserting the following ``Procedures for appeals by the
prosecution enumerated in subsection (b) shall be as provided in supreme court rules.

(d)'';

Also on page 6, in line 42, by striking ``(d)'' and inserting ``(e)'';

On page 7, in line 9, by striking ``(e)'' and inserting ``(f)'';.

The bill be further amended by motion of Senator Emert on page 7, after line 13, by
inserting the following:

``Sec. 8. K.S.A. 1998 Supp. 38-1502 is hereby amended to read as follows: 38-1502. As
used in this code, unless the context otherwise indicates:

(a) ``Child in need of care'' means a person less than 18 years of age who:

(1) Is without adequate parental care, control or subsistence and the condition is not
due solely to the lack of financial means of the child's parents or other custodian;

(2) is without the care or control necessary for the child's physical, mental or emotional
health;

(3) has been physically, mentally or emotionally abused or neglected or sexually abused;

(4) has been placed for care or adoption in violation of law;

(5) has been abandoned or does not have a known living parent;

(6) is not attending school as required by K.S.A. 72-977 or 72-1111, and amendments
thereto;

(7) except in the case of a violation of K.S.A. 41-727, subsection (j) of K.S.A. 74-8810
or subsection (m) or (n) of K.S.A. 79-3321, and amendments thereto, or, except as provided
in subsection (a)(12) of K.S.A. 21-4204a and amendments thereto, does an act which, when
committed by a person under 18 years of age, is prohibited by state law, city ordinance or
county resolution but which is not prohibited when done by an adult;

(8) while less than 10 years of age, commits any act which if done by an adult would
constitute the commission of a felony or misdemeanor as defined by K.S.A. 21-3105 and
amendments thereto;

(9) is willfully and voluntarily absent from the child's home without the consent of the
child's parent or other custodian;

(10) is willfully and voluntarily absent at least a second time from a court ordered or
designated placement, or a placement pursuant to court order, if the absence is without the
consent of the person with whom the child is placed or, if the child is placed in a facility,
without the consent of the person in charge of such facility or such person's designee;

(11) has been residing in the same residence with a sibling or another person under 18
years of age, who has been physically, mentally or emotionally abused or neglected, or
sexually abused; or

(12) while less than 10 years of age commits the offense defined in K.S.A. 21-4204a and
amendments thereto.

(b) ``Physical, mental or emotional abuse or neglect'' means the infliction of physical,
mental or emotional injury or the causing of a deterioration of a child and may include, but
shall not be limited to, failing to maintain reasonable care and treatment, negligent treatment
or maltreatment or exploiting a child to the extent that the child's health or emotional well-
being is endangered. A parent legitimately practicing religious beliefs who does not provide
specified medical treatment for a child because of religious beliefs shall not for that reason
be considered a negligent parent; however, this exception shall not preclude a court from
entering an order pursuant to subsection (a)(2) of K.S.A. 38-1513 and amendments thereto.

(c) ``Sexual abuse'' means any act committed with a child which is described in article
35, chapter 21 of the Kansas Statutes Annotated and those acts described in K.S.A. 21-3602
or 21-3603, and amendments thereto, regardless of the age of the child.

(d) ``Parent,'' when used in relation to a child or children, includes a guardian,
conservator and every person who is by law liable to maintain, care for or support the child.

(e) ``Interested party'' means the state, the petitioner, the child, any parent and any
person found to be an interested party pursuant to K.S.A. 38-1541 and amendments thereto.

(f) ``Law enforcement officer'' means any person who by virtue of 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.

(g) ``Youth residential facility'' means any home, foster home or structure which provides
24-hour-a-day care for children and which is licensed pursuant to article 5 of chapter 65 of
the Kansas Statutes Annotated.

(h) ``Shelter facility'' means any public or private facility or home other than a juvenile
detention facility that may be used in accordance with this code for the purpose of providing
either temporary placement for the care of children in need of care prior to the issuance of
a dispositional order or longer term care under a dispositional order.

(i) ``Juvenile detention facility'' means any secure public or private facility used for the
lawful custody of accused or adjudicated juvenile offenders which must not be a jail.

(j) ``Adult correction facility'' means any public or private facility, secure or nonsecure,
which is used for the lawful custody of accused or convicted adult criminal offenders.

(k) ``Secure facility'' 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 behavior of its residents. No secure facility shall be in a city or
county jail.

(l) ``Ward of the court'' means a child over whom the court has acquired jurisdiction by
the filing of a petition pursuant to this code and who continues subject to that jurisdiction
until the petition is dismissed or the child is discharged as provided in K.S.A. 38-1503 and
amendments thereto.

(m) ``Custody,'' whether temporary, protective or legal, means the status created by
court order or statute which vests in a custodian, whether an individual or an agency, the
right to physical possession of the child and the right to determine placement of the child,
subject to restrictions placed by the court.

(n) ``Placement'' means the designation by the individual or agency having custody of
where and with whom the child will live.

(o) ``Secretary'' means the secretary of social and rehabilitation services.

(p) ``Relative'' means a person related by blood, marriage or adoption but, when
referring to a relative of a child's parent, does not include the child's other parent.

(q) ``Court-appointed special advocate'' means a responsible adult other than an attorney
guardian ad litem who is appointed by the court to represent the best interests of a child,
as provided in K.S.A. 38-1505a and amendments thereto, in a proceeding pursuant to this
code.

(r) ``Multidisciplinary team'' means a group of persons, appointed by the court or by
the state department of social and rehabilitation services under K.S.A. 38-1523a and
amendments thereto, which has knowledge of the circumstances of a child in need of care.

(s) ``Jail'' means:

(1) An adult jail or lockup; or

(2) a facility in the same building or on the same grounds as an adult jail or lockup,
unless the facility meets all applicable standards and 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.

(t) ``Kinship care'' means the placement of a child in the home of the child's relative or
in the home of another adult with whom the child or the child's parent already has a close
emotional attachment.

(u) ``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. 75-7023, and amendments thereto.

(v) ``Abandon'' means to forsake, desert or cease providing care for the child without
making appropriate provisions for substitute care.

(w) ``Permanent guardianship'' means a judicially created relationship between child
and caretaker which is intended to be permanent and self-sustaining without ongoing state
oversight or intervention. The permanent guardian stands in loco parentis and exercises all
the rights and responsibilities of a parent. When parental rights are not terminated, parents
remain responsible for financial support. Upon appointment of a permanent guardian, the
child in need of care proceedings shall be dismissed. A permanent guardian may be appointed
after termination of parental rights.

(x) ``Aggravated circumstances'' means the abandonment, torture, chronic abuse, sexual
abuse or chronic, life threatening neglect of a child.

(y) ``Permanency hearing'' means a notice and opportunity to be heard is provided to
interested parties, foster parents, preadoptive parents or relatives providing care for the
child. The court, after consideration of the evidence, shall determine whether progress
toward the case plan goal is adequate or reintegration is a viable alternative, or if the case
should be referred to the county or district attorney for filing of a petition to terminate
parental rights or to appoint a permanent guardian.

(z) ``Extended out of home placement'' means a child has been in the custody of the
secretary and placed with neither parent for 15 of the most recent 22 months beginning 60
days after the date at which a child in the custody of the secretary was removed from the
home.

(aa) ``Educational institution'' means all schools at the elementary and secondary levels.

(bb) ``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. 72-89b03 and amendments thereto.

Sec. 9. K.S.A. 1998 Supp. 38-1528 is hereby amended to read as follows: 38-1528. (a)
To the extent possible, when any law enforcement officer takes into custody a child under
the age of 18 years, without a court order, the child shall forthwith be delivered to the
custody of the child's parent or other custodian unless there are reasonable grounds to
believe that such action would not be in the best interests of the child. Except as provided
in subsection (b), if the child is not delivered to the custody of the child's parent or other
custodian, the child shall forthwith be delivered to a facility or person designated by the
secretary or to a court designated shelter facility, court services officer, juvenile intake and
assessment worker, licensed attendant care center or other person. If, after delivery of the
child to a shelter facility, the person in charge of the shelter facility at that time and the law
enforcement officer determine that the child will not remain in the shelter facility, the law
enforcement officer shall deliver the child to a juvenile detention facility or other secure
facility, designated by the court, where the child shall be detained for not more than 24
hours, excluding Saturdays, Sundays and legal holidays. It shall be the duty of the law
enforcement officer to furnish to the county or district attorney, without unnecessary delay,
all the information in the possession of the officer pertaining to the child, the child's parents
or other persons interested in or likely to be interested in the child and all other facts and
circumstances which caused the child to be taken into custody.

(b) When any law enforcement officer takes into custody any child as provided in
subsection (c) of K.S.A. 38-1527 and amendments thereto, proceedings shall be initiated in
accordance with the provisions of the interstate compact on juveniles, K.S.A. 38-1001 et
seq. and amendments thereto. Any child taken into custody pursuant to the interstate
compact on juveniles may be detained in a juvenile detention facility or other secure facility.

(c) Whenever a child under the age of 18 years is taken into custody by a law
enforcement officer without a court order and is thereafter placed in the custody of a shelter
facility, court services officer, juvenile intake and assessment worker, licensed attendant
care center or other person as authorized by this code, the facility or person shall have
physical custody and provide care and supervision for the child upon written application of
the law enforcement officer. The application shall state:

(1) The name and address of the child, if known;

(2) the names and addresses of the child's parents or nearest relatives and persons with
whom the child has been residing, if known; and

(3) the officer's belief that the child is a child in need of care and that there are
reasonable grounds to believe that the circumstances or condition of the child is such that,
unless the child is placed in the immediate custody of the shelter facility or other person,
it would be harmful to the child.

(d) A copy of the application shall be furnished by the facility or person receiving the
child to the county or district attorney without unnecessary delay.

(e) The shelter facility or other person designated by the court who has custody of the
child pursuant to this section shall discharge the child not later than 48 72 hours following
admission, excluding Saturdays, Sundays and legal holidays, unless a court has entered an
order pertaining to temporary custody or release.

(f) In absence of a court order to the contrary, the county or district attorney or the
placing law enforcement agency shall have the authority to direct at any time the release of
the child.

(g) When any law enforcement officer takes into custody any child as provided in
subsection (d) of K.S.A. 38-1527, and amendments thereto, the child shall forthwith be
delivered to the school in which the child is enrolled, any location designated by the school
in which the child is enrolled to address truancy issues or the child's parent or other
custodian.

Sec. 10. K.S.A. 38-1542 is hereby amended to read as follows: 38-1542. (a) The court
upon verified application may issue ex parte an order directing that a child be held in
protective custody and, if the child has not been taken into custody, an order directing that
the child be taken into custody. The application shall state:

(1) The applicant's belief that the child is a child in need of care and is likely to sustain
harm if not immediately afforded protective custody; and

(2) the specific facts which are relied upon to support the belief.

(b) (1) The order of protective custody may be issued only after the court has
determined there is probable cause to believe the allegations in the application are true.
The order shall remain in effect until the temporary custody hearing provided for in K.S.A.
38-1543 and amendments thereto, unless earlier rescinded by the court.

(2) ~~Prior to July 1, 1993,~~ No child shall be held in protective custody for more than 72
hours, excluding Saturdays, Sundays and legal holidays, unless within the 72-hour period a
determination is made as to the necessity for temporary custody in a temporary custody
hearing. Nothing in this subsection (b)(2) shall be construed to mean that the child must
remain in protective custody for 72 hours.

~~(3) On and after July 1, 1993, no child shall be held in protective custody for more than~~
~~48 hours, excluding Saturdays, Sundays and legal holidays, unless within the 48-hour period~~
~~a determination is made as to the necessity for temporary custody in a temporary custody~~
~~hearing. Nothing in this subsection (b)(3) shall be construed to mean that the child must~~
~~remain in protective custody for 48 hours.~~

(c) Whenever the court determines the necessity for an order of protective custody, the
court may place the child in the protective custody of: (1) A parent or other person having
custody of the child and may enter a restraining order pursuant to subsection (d); (2) a
person, other than the parent or other person having custody, who shall not be required to
be licensed under article 5 of chapter 65 of the Kansas Statutes Annotated; (3) a youth
residential facility; or (4) the secretary. When the child is placed in the protective custody
of the secretary, the secretary shall have the discretionary authority to place the child with
a parent or to make other suitable placement for the child. When circumstances require, a
child in protective custody may be placed in a juvenile detention facility or other secure
facility pursuant to an order of protective custody for not to exceed 24 hours, excluding
Saturdays, Sundays and legal holidays.

(d) The order of protective custody shall be served on the child's parents and any other
person having legal custody of the child. The order shall prohibit all parties from removing
the child from the court's jurisdiction without the court's permission.

(e) If the court issues an order of protective custody, the court may also enter an order
restraining any alleged perpetrator of physical, sexual, mental or emotional abuse of the
child from residing in the child's home; visiting, contacting, harassing or intimidating the
child; or attempting to visit, contact, harass or intimidate the child. Such restraining order
shall be served on any alleged perpetrator to whom the order is directed.

(f) The court shall not enter an order removing a child from the custody of a parent
pursuant to this section unless the court first finds from evidence presented by the petitioner
that reasonable efforts have been made to prevent or eliminate the need for removal of the
child or that an emergency exists which threatens the safety of the child and requires the
immediate removal of the child. Such findings shall be included in any order entered by
the court.

Sec. 11. K.S.A. 1998 Supp. 38-1543 is hereby amended to read as follows: 38-1543. (a)
Upon notice and hearing, the court may issue an order directing who shall have temporary
custody and may modify the order during the pendency of the proceedings as will best serve
the child's welfare.

(b) A hearing ~~hereunder~~ pursuant to this section shall be held within 48 72 hours,
excluding Saturdays, Sundays and legal holidays, following a child having been taken into
protective custody.

(c) Whenever it is determined that a temporary custody hearing is required, the court
shall immediately set the time and place for the hearing. Notice of a temporary custody
hearing shall be in substantially the following form:

(Name of Court)

(Caption of Case)

NOTICE OF TEMPORARY CUSTODY HEARING

TO:

(Names)	(Relationship)	(Addresses)

On ________, ________, 19__, at ______ o'clock __m. the court will
(day) (date)
conduct a hearing at ____________ to determine if the above named child or
children should be in the temporary custody of some person or agency other than the parent
or other person having legal custody prior to the hearing on the petition filed in the above
captioned case. The court may order one or both parents to pay child support.

____________, an attorney, has been appointed as guardian ad litem for the child
or children. Each parent or other legal custodian has the right to appear and be heard
personally, either with or without an attorney. An attorney will be appointed for a parent
who can show that the parent is not financially able to hire one.

Date ________, 19__

Clerk of the District Court

by ________________

(Seal)
REPORT OF SERVICE I certify that I have delivered a true copy of the above notice to the persons above named
in the manner and at the times indicated below:

Name	Location of Service	Manner of Service	Date	Time
	(other than above)

Date Returned ________, 19__

________________

(Signature)

________________

(Title)
(d) Notice of the temporary custody hearing shall be given at least 24 hours prior to the
hearing. The court may continue the hearing to afford the 24 hours prior notice or, with
the consent of the party, proceed with the hearing at the designated time. If an order of
temporary custody is entered and the parent or other person having custody of the child
has not been notified of the hearing, did not appear or waive appearance and requests a
rehearing, the court shall rehear the matter without unnecessary delay.

(e) Oral notice may be used for giving notice of a temporary custody hearing where
there is insufficient time to give written notice. Oral notice is completed upon filing a
certificate of oral notice in substantially the following form:

(Name of Court) (Caption of Case)

CERTIFICATE OF ORAL NOTICE OF TEMPORARY CUSTODY HEARING I gave oral notice that the court will conduct a hearing at ______ o'clock __m. on
________, 19__, to the persons listed, in the manner and at the times indicated
below:

Name	Relationship	Date	Time	Method of Communication
				(in person or telephone)

I advised each of the above persons that:

(1) The hearing is to determine if the above child or children should be in the
temporary custody of a person or agency other than a parent;

(2) the court will appoint an attorney to serve as guardian ad litem for the child or
children named above;

(3) each parent or legal custodian has the right to appear and be heard personally
either with or without an attorney;

(4) an attorney will be appointed for a parent who can show that the parent is not
financially able to hire an attorney; and

(5) the court may order one or both parents to pay child support.

________________

(Signature)

________________

(Name Printed)

________________

(Title)
(f) The court may enter an order of temporary custody after determining that: (1) The
child is dangerous to self or to others; (2) the child is not likely to be available within the
jurisdiction of the court for future proceedings; or (3) the health or welfare of the child may
be endangered without further care.

(g) Whenever the court determines the necessity for an order of temporary custody the
court may place the child in the temporary custody of: (1) A parent or other person having
custody of the child and may enter a restraining order pursuant to subsection (h); (2) a
person, other than the parent or other person having custody, who shall not be required to
be licensed under article 5 of chapter 65 of the Kansas Statutes Annotated; (3) a youth
residential facility; or (4) the secretary. When the child is placed in the temporary custody
of the secretary, the secretary shall have the discretionary authority to place the child with
a parent or to make other suitable placement for the child. When circumstances require, a
child may be placed in a juvenile detention facility or other secure facility, but the total
amount of time that the child may be held in such facility under this section and K.S.A. 38-
1542 and amendments thereto shall not exceed 24 hours, excluding Saturdays, Sundays and
legal holidays. The order of temporary custody shall remain in effect until modified or
rescinded by the court or a disposition order is entered but not exceeding 60 days, unless
good cause is shown and stated on the record.

(h) If the court issues an order of temporary custody, the court may enter an order
restraining any alleged perpetrator of physical, sexual, mental or emotional abuse of the
child from residing in the child's home; visiting, contacting, harassing or intimidating the
child; or attempting to visit, contact, harass or intimidate the child.

(i) The court shall not enter an order removing a child from the custody of a parent
pursuant to this section unless the court first finds from evidence presented by the petitioner
that reasonable efforts have been made to prevent or eliminate the need for removal of the
child or that an emergency exists which threatens the safety of the child and requires the
immediate removal of the child. Such findings shall be included in any order entered by
the court.

Sec. 12. K.S.A. 1998 Supp. 38-1562 is hereby amended to read as follows: 38-1562. (a)
At any time after a child has been adjudicated to be a child in need of care and prior to
disposition, the judge shall permit any interested parties, and any persons required to be
notified pursuant to subsection (b), to be heard as to proposals for appropriate disposition
of the case.

(b) Before entering an order placing the child in the custody of a person other than the
child's parent, the court shall require notice of the time and place of the hearing to be given
to all the child's grandparents at their last known addresses or, if no grandparent is living
or if no living grandparent's address is known, to the closest relative of each of the child's
parents whose address is known, and to the foster parent, preadoptive parent or relative
providing care. Such notice shall be given by restricted mail not less than 10 business days
before the hearing and shall state that the person receiving the notice shall have an
opportunity to be heard at the hearing. The provisions of this subsection shall not require
additional notice to any person otherwise receiving notice of the hearing pursuant to K.S.A.
38-1536 and amendments thereto. Individuals receiving notice pursuant to this subsection
shall not be made a party to the action solely on the basis of this notice and opportunity to
be heard.

(c) Prior to entering an order of disposition, the court shall give consideration to the
child's physical, mental and emotional condition; the child's need for assistance; the manner
in which the parent participated in the abuse, neglect or abandonment of the child; any
relevant information from the intake and assessment process; and the evidence received at
the dispositional hearing. In determining when reunification is a viable alternative, the court
shall specifically consider whether the parent has been found by a court to have: (1)
Committed murder in the first degree, K.S.A. 21-3401 and amendments thereto, murder
in the second degree, K.S.A. 21-3402 and amendments thereto, capital murder, K.S.A. 21-
3439 and amendments thereto, voluntary manslaughter, K.S.A. 21-3403 and amendments
thereto or violated a law of another state which prohibits such murder or manslaughter of
a child; (2) aided or abetted, attempted, conspired or solicited to commit such murder or
voluntary manslaughter of a child as provided in subsection (c)(1); (3) committed a felony
battery that resulted in bodily injury to the child or another child; (4) subjected the child
or another child to aggravated circumstances as defined in subsection (x) of K.S.A. 38-1502
and amendments thereto; (5) parental rights of the parent to another child have been
terminated involuntarily; or (6) the child has been in extended out of home placement as
defined in subsection (z) of K.S.A. 38-1502 and amendments thereto. If reintegration is not
a viable alternative, the court shall consider whether a compelling reason has been
documented in the case plan to find neither adoption nor permanent guardianship are in
the best interests of the child, the child is in a stable placement with a relative, or services
set out in the case plan necessary for the safe return of the child have been made available
to the parent with whom reintegration is planned. If reintegration is not a viable alternative
and either adoption or permanent guardianship might be in the best interests of the child,
the county or district attorney or the county or district attorney's designee shall file a motion
to terminate parental rights or permanent guardianship within 30 days and the court shall
set a hearing on such motion within 90 days of the filing of such motion. No such hearing
is required when the parents voluntarily relinquish parental rights or agree to appointment
of a permanent guardian.

Sec. 13. K.S.A. 1998 Supp. 38-1565 is hereby amended to read as follows: 38-1565. (a)
If a child is placed outside the child's home and no plan is made a part of the record of the
dispositional hearing, a written plan shall be prepared which provides for reintegration of
the child into the child's family or, if reintegration is not a viable alternative, for other
placement of the child. Reintegration may not be a viable alternative when the: (1) Parent
has been found by a court to have committed murder in the first degree, K.S.A. 21-3401
and amendments thereto, murder in the second degree, K.S.A. 21-3402 and amendments
thereto, capital murder, K.S.A. 21-3439 and amendments thereto, voluntary manslaughter,
K.S.A. 21-3403 and amendments thereto or violated a law of another state which prohibits
such murder or manslaughter of a child; (2) parent aided or abetted, attempted, conspired
or solicited to commit such murder or voluntary manslaughter of a child as provided in
subsection (a)(1); (3) parent committed a felony battery that resulted in bodily injury to the
child or another child; (4) parent has subjected the child or another child to aggravated
circumstances as defined in subsection (x) of K.S.A. 38-1502, and amendments thereto; (5)
parental rights of the parent to another child have been terminated involuntarily; or (6) the
child has been in extended out of home placement as defined in subsection (z) of K.S.A.
38-1502 and amendments thereto. If the goal is reintegration into the family, the plan shall
include measurable objectives and time schedules for reintegration. The plan shall be
submitted to the court not later than 30 days after the dispositional order is entered. If the
child is placed in the custody of the secretary, the plan shall be prepared and submitted by
the secretary. If the child is placed in the custody of a facility or person other than the
secretary, the plan shall be prepared and submitted by a court services officer.

(b) A court services officer or, if the child is in the secretary's custody, the secretary
shall submit to the court, at least every six months, a written report of the progress being
made toward the goals of the plan submitted pursuant to subsection (a). If the child is placed
in foster care, the foster parent or parents shall submit to the court, at least every six months,
a report in regard to the child's adjustment, progress and condition. The department of
social and rehabilitation services shall notify the foster parent or parents of the foster parent's
or parent's duty to submit such report, on a form provided by the department of social and
rehabilitation services, at least two weeks prior to the date when the report is due, and the
name of the judge and the address of the court to which the report is to be submitted. Such
report shall be confidential and shall only be reviewed by the court and the child's guardian
ad litem. The court shall review the progress being made toward the goals of the plan and
the foster parent report and, if the court determines that progress is inadequate or that the
plan is no longer viable, the court shall hold a hearing pursuant to subsection (c). If the
secretary has custody of the child, such hearing shall be held no more than 12 months after
the child is placed outside the child's home and at least every 12 months thereafter. For
children in the custody of the secretary prior to July 1, 1998, within 30 days of receiving a
request from the secretary, a permanency hearing shall be held. If the goal of the plan
submitted pursuant to subsection (a) is reintegration into the family and the court
determines after 12 months from the time such plan is first submitted that progress is
inadequate, the court shall hold a hearing pursuant to subsection (c). Nothing in this
subsection shall be interpreted to prohibit termination of parental rights prior to the
expiration of 12 months.

(c) Whenever a hearing is required under subsection (b), the court shall notify all
interested parties and the foster parents, preadoptive parents or relatives providing care for
the child and hold a hearing. Individuals receiving notice pursuant to this subsection shall
not be made a party to the action solely on the basis of this notice and opportunity to be
heard. After providing the interested parties, foster parents, preadoptive parents or relatives
providing care for the child an opportunity to be heard, the court shall determine whether
the child's needs are being adequately met and whether reintegration continues to be a
viable alternative. If the court finds reintegration is no longer a viable alternative, the court
shall consider whether the child is in a stable placement with a relative, services set out in
the case plan necessary for the safe return of the child have been made available to the
parent with whom reintegration is planned or compelling reasons are documented in the
case plan to support a finding that neither adoption nor permanent guardianship are in the
child's best interest. If reintegration is not a viable alternative and either adoption or
permanent guardianship might be in the best interests of the child, the county or district
attorney or the county or district attorney's designee shall file a motion to terminate parental
rights or for permanent guardianship within 30 days and the court shall set a hearing on
such motion within 90 days of the filing of such motion. When the court finds reintegration
continues to be a viable alternative, the court may rescind any of its prior dispositional
orders and enter any dispositional order authorized by this code or may order that a new
plan for the reintegration be prepared and submitted to the court. No such hearing is
required when the parents voluntarily relinquish parental rights or agree to appointment of
a permanent guardian.

Sec. 14. K.S.A. 1998 Supp. 38-1583 is hereby amended to read as follows: 38-1583. (a)
When the child has been adjudicated to be a child in need of care, the court may terminate
parental rights when the court finds by clear and convincing evidence that the parent is
unfit by reason of conduct or condition which renders the parent unable to care properly
for a child and the conduct or condition is unlikely to change in the foreseeable future.

(b) In making a determination hereunder the court shall consider, but is not limited to,
the following, if applicable:

(1) Emotional illness, mental illness, mental deficiency or physical disability of the
parent, of such duration or nature as to render the parent unlikely to care for the ongoing
physical, mental and emotional needs of the child;

(2) conduct toward a child of a physically, emotionally or sexually cruel or abusive
nature;

(3) excessive use of intoxicating liquors or narcotic or dangerous drugs;

(4) physical, mental or emotional neglect of the child;

(5) conviction of a felony and imprisonment;

(6) unexplained injury or death of another child or stepchild of the parent;

(7) reasonable efforts by appropriate public or private child caring agencies have been
unable to rehabilitate the family; and

(8) lack of effort on the part of the parent to adjust the parent's circumstances, conduct
or conditions to meet the needs of the child.

(c) In addition to the foregoing, when a child is not in the physical custody of a parent,
the court, in proceedings concerning the termination of parental rights, shall also consider,
but is not limited to the following:

(1) Failure to assure care of the child in the parental home when able to do so;

(2) failure to maintain regular visitation, contact or communication with the child or
with the custodian of the child;

(3) failure to carry out a reasonable plan approved by the court directed toward the
integration of the child into the parental home; and

(4) failure to pay a reasonable portion of the cost of substitute physical care and
maintenance based on ability to pay.

In making the above determination, the court may disregard incidental visitations,
contacts, communications or contributions.

(d) The rights of the parents may be terminated as provided in this section if the court
finds that the parents have abandoned the child or the child was left under such
circumstances that the identity of the parents is unknown and cannot be ascertained, despite
diligent searching, and the parents have not come forward to claim the child within three
months after the child is found.

(e) The existence of any one of the above standing alone may, but does not necessarily,
establish grounds for termination of parental rights. The determination shall be based on
an evaluation of all factors which are applicable. In considering any of the above factors for
terminating the rights of a parent, the court shall give primary consideration to the physical,
mental or emotional condition and needs of the child. If presented to the court and subject
to the provisions of K.S.A. 60-419, and amendments thereto, the court shall consider as
evidence testimony from a person licensed to practice medicine and surgery, a licensed
psychologist or a licensed social worker expressing an opinion relating to the physical, mental
or emotional condition and needs of the child. The court shall consider any such testimony
only if the licensed professional providing such testimony is subject to cross-examination.

(f) A termination of parental rights under the Kansas code for care of children shall not
terminate the right of the child to inherit from or through the parent. Upon such
termination, all the rights of birth parents to such child, including their right to inherit from
or through such child, shall cease.

(g) If, after finding the parent unfit, the court determines a compelling reason why it is
not in the best interests of the child to terminate parental rights or upon agreement of the
parents, the court may award permanent guardianship to an individual providing care for
the child, a relative or other person with whom the child has a close emotional attachment.
Prior to awarding permanent guardianship, the court shall receive and consider an
assessment as provided in K.S.A. 59-2132 and amendments thereto of any potential
permanent guardian. Upon appointment of a permanent guardian, the court shall enter an
order discharging the child from the court's jurisdiction.

(h) If a parent is convicted of an offense as provided in subsection (7) of K.S.A. 38-1585
and amendments thereto or is adjudicated a juvenile offender because of an act which if
committed by an adult would be an offense as provided in subsection (7) of K.S.A. 38-1585
and amendments thereto, and if the victim was the other parent of a child, the court may
disregard such convicted or adjudicated parent's opinions or wishes in regard to the
placement of such child.

New Sec. 15. (a) A permanent guardian may be appointed after a finding of unfitness
pursuant to K.S.A. 38-1583 and amendments thereto or with the consent and agreement of
the parents.

(b) Upon appointment of the permanent guardian, the child in need of care proceeding
shall be dismissed.'';

And by renumbering sections accordingly;

Also on page 7, in line 15, by striking ``and'' the first time it appears and inserting a
comma; also in line 15, after ``22-3602'' by inserting ``and 38-1542''; also in line 15, after
``20-302b'' by inserting ``, 38-1502, 38-1502c, 38-1528, 38-1543, 38-1562, 38-1565 and 38-
1583'';

On page 1, in the title, in line 10, after ``courts'' by inserting ``and judicial proceedings
therein''; in line 12, after the semicolon, by inserting ``Kansas code for care of children;''; in
line 13, by striking ``and'' the first time it appears and inserting a comma; also in line 13,
after ``22-3602'' by inserting ``and 38-1542''; in line 14, after ``20-302b'' by inserting ``, 38-
1502, 38-1528, 38-1543, 38-1562, 38-1565 and 38-1583''; also in line 14, after ``sections'' by
inserting ``; also repealing K.S.A. 1998 Supp. 38-1502c'', and the bill be passed as further
amended.

The following amendment offered to HB 2352 by Senator Lee was rejected.

On page 4, in line 9, after ``(2)'' by inserting ``for a period of at least six months prior to
being elected or nominated for appointment,''; in line 10, by striking all prior to ``and''.

The motion failed and the amendment was rejected.

HB 2427 be amended by motion of Senator Bleeker on page 1, in line 23, by striking ``is
not to be used for human habitation,''; also in line 23, after ``serve'' by inserting ``primarily'';
in line 24, by striking the comma.

On motion of Senator Harrington, the Committee recommended HB 2427 as amended,
be returned to the Committee on Federal and State Affairs.

SB 326 be amended by adoption of the committee amendments, and further amended
by motion of Senator Kerr on page 82, in line 19, by adding $8,700,000 to the dollar amount
and by adjusting the dollar amount in line 19 accordingly; in line 27, by adding $300,000 to
the dollar amount and by adjusting the dollar amount in line 27 accordingly;

On page 83, in line 35, by adding $1,000,000 to the dollar amount and by adjusting the
dollar amount in line 35 accordingly.

Also, on page 148, in line 37, by striking ``$200,000,000'' and inserting ``$14,600,000'',
and discussion on the bill be continued in the afternoon session.

On motion of Senator Emert, the Senate recessed until 2:00 p.m.

______ Afternoon Session The Senate met pursuant to recess with Vice-President Salisbury in the chair.

MESSAGE FROM THE GOVERNOR
SB 296 approved on March 31, 1999.

MESSAGE FROM THE HOUSE
Announcing, the House nonconcurs in Senate amendments to HB 2166, requests a
conference and has appointed Representatives Mason, Vickrey and Kuether as conferees
on the part of the House.

The House nonconcurs in Senate amendments to HB 2440, requests a conference and
has appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.

ORIGINAL MOTION
On motion of Senator Ranson, the Senate acceded to the request of the House for a
conference on HB 2166.

The Vice-President appointed Senators Salisbury, Ranson and Barone as conferees on
the part of the Senate.

On motion of Senator Praeger, the Senate acceded to the request of the House for a
conference on HB 2227.

The Vice-President appointed Senators Praeger, Salmans and Steineger as conferees on
the part of the Senate.

On motion of Senator Emert, the Senate acceded to the request of the House for a
conference on HB 2440.

The Vice-President appointed Senators Emert, Vratil and Goodwin as conferees on the
part of the Senate.

REPORTS OF STANDING COMMITTEES
Committee on Financial Institutions and Insurance recommends SB 356 be amended
on page 2, in line 39, by striking ``statute book'' and inserting ``Kansas register''; and the bill
be passed as amended.

Committee on Judiciary recommends Substitute for HB 2469, as amended by House
Committee of the Whole, be amended on page 3, by striking all in lines 26 through 37 and
inserting the following:

``Sec. 2. K.S.A. 21-4717 is hereby amended to read as follows: 21-4717. (a) The
following aggravating factors, which apply to drug crimes committed on or after July 1, 1993,
under the sentencing guidelines system, may be considered in determining whether
substantial and compelling reasons for departure exist:

(1) The crime was committed as part of a major organized drug manufacture,
production, cultivation or delivery activity. Two or more of the following nonexclusive factors
constitute evidence of major organized drug manufacture, production, cultivation or delivery
activity:

(A) The offender derived a substantial amount of money or asset ownership from the
illegal drug sale activity.

(B) The presence of a substantial quantity or variety of weapons or explosives at the
scene of arrest or associated with the illegal drug activity.

(C) The presence of drug transaction records or customer lists that indicate a drug sale
activity of major size.

(D) The presence of manufacturing or distribution materials such as, but not limited
to, drug recipes, precursor chemicals, laboratory equipment, lighting, irrigation systems,
ventilation, power-generation, scales or packaging material.

(E) Building acquisitions or building modifications including but not limited to painting,
wiring, plumbing or lighting which advanced or facilitated the commission of the offense.

(F) Possession of large amounts of illegal drugs or substantial quantities of controlled
substances.

(G) A showing that the offender has engaged in repeated criminal acts associated with
the manufacture, production, cultivation or delivery of controlled substances.

(2) The offender possessed illegal drugs:

(A) With intent to sell, which were sold or were offered for sale to a person under 18
years of age; or

(B) with the intent to sell, deliver or distribute or which were sold or offered for sale
in the immediate presence of a person under 18 years of age.

(3) The offender, 18 or more years of age, employs, hires, uses, persuades, induces,
entices or coerces any individual under 16 years of age to violate or assist in avoiding
detection or apprehension for violation of any provision of the uniform controlled substances
act, K.S.A. 65-4101 et seq. and amendments thereto or any attempt, conspiracy or
solicitation as defined in K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto to
commit a violation of any provision of the uniform controlled substances act regardless of
whether the offender knew the age of the individual under 16 years of age.

(4) The offense involved a violation of K.S.A. 65-4159 and amendments thereto where
the offender engaged in the production or manufacture of methamphetamine or other related
chemicals.

(b) In determining whether aggravating factors exist as provided in this section, the
court shall review the victim impact statement.'';

On page 9, by striking all in lines 15 through 43;

On page 10, by striking all in lines 1 and 2;

And by renumbering sections accordingly;

Also on page 10, in line 37, by striking ``9'' the second time it appears and inserting ``8'';
in line 43, by striking ``9'' and inserting ``8'';

On page 13, in line 7, by striking ``physician, dentist, or veterinarian'' and inserting
``practitioner''; by striking all in lines 9 and 10; in line 11, by striking ``(d)'' and inserting
``(c)''; in line 16, by striking ``(e)'' and inserting ``(d)'';

On page 15, in lines 18, 23 and 27, by striking ``11'' and inserting ``10''; after line 38, by
inserting the following new section:

``New Sec. 15. The bureau shall develop and maintain a program to inform retailers
about the methamphetamine problem in Kansas and devise procedures and forms for
retailers to use in reporting to the bureau suspicious purchases, thefts or other transactions
involving any products under the retailer's control which contain a regulated chemical under
the provisions of this act including, but not limited to, nonprescription, over-the-counter
medicines described in subsection (c)(4) of section 14 and amendments thereto. Reporting
by retailers as required by this section shall be voluntary. Retailers reporting information to
the bureau in good faith pursuant to this section shall be immune form civil liability.'';

On page 20, after line 2, by inserting the following new subsection:

``(j) Any authorized officer, employee or agent of the department or any person under
contract with the department may enter onto the premises of any alleged illegal drug
manufacturing site, at reasonable times to review information, inspect, examine or gather
data, conduct investigations, take remedial or other action where the secretary determines
that such action is necessary to protect the public health or the environment.'';

On page 23, in line 22, after ``K.S.A.'' by inserting ``21-4717 and''; also in line 22, by
striking ``21-''; in line 23, by striking ``4706,''; also in line 23, by striking the third comma
and inserting ``and''; also in line 23, by striking ``and 65-4159'';

On page 1, in the title, in line 12, after ``K.S.A.'' by inserting ``21-4717 and''; in line 13,
by striking ``21-4706,''; also in line 13, by striking the last comma and inserting ``and''; in
line 14, by striking ``and 65-4159''; and the substitute bill be passed as amended.

Committee on Ways and Means recommends SB 358 be passed.

Also HB 2489, as amended by House Committee of the Whole, be amended on page 1,
by striking all in lines 17 through 43;

On page 2, by striking all in lines 1 through 4;

And by renumbering sections accordingly;

On page 5, in line 35, by striking ``46-1109,'';

On page 1, in the title, in line 10, by striking ``expense allow-''; in line 11, by striking
``ances for official travel'' and inserting ``the secretary of administration''; also in line 11, by
striking ``and au-''; in line 12, by striking all before ``for''; also in line 12, by striking ``46-'';
in line 13, by striking ``1109,''; and the bill be passed as amended.

COMMITTEE OF THE WHOLE
The Senate returned to Committee of the Whole for consideration of bills on the calendar
under the heading of General Orders with Senator Corbin in the chair.

On motion of Senator Corbin the following report for the afternoon session was adopted:

Resuming consideration of SB 326, as amended during the morning session, Senator
Salisbury moved to amend the bill on page 1, by striking all of lines 30 through 34 and
relettering subsections accordingly;

On page 142, by striking all in lines 35 through 42;

On page 1, in the title, in line 11, by striking ``, June 30, 2003, and June 30, 2004''.

Upon the showing of five hands a roll call vote was requested.

On roll call, the vote was: Yeas 24, nays 16, present and passing 0; absent or not voting
0.

Yeas: Barone, Becker, Biggs, Bleeker, Bond, Corbin, Downey, Emert, Goodwin,
Hardenburger, Jordan, Kerr, Langworthy, Morris, Oleen, Praeger, Pugh, Salisbury,
Salmans, Steffes, Tyson, Umbarger, Vidricksen, Vratil.

Nays: Brownlee, Clark, Donovan, Feleciano, Gilstrap, Gooch, Harrington, Hensley,
Huelskamp, Jones, Lawrence, Lee, Petty, Ranson, Steineger, Stephens.

The motion carried and the amendment was adopted.

SB 326 be further amended by motion of Senator Huelskamp on page 148, by striking
all in lines 35 through 43;

On page 149, by striking all in lines 1 through 14 and inserting the following material to
read as follows:

``Sec. 93. (a) On July 1, 1999, or as soon thereafter as moneys are available therefor, the
director of accounts and reports shall trasnfertransfer $14,600,000 from the state general
fund to the children's health care programs fund: Provided, That the committee on ways
and means of the senate and the committee on appropriations of the house of representatives
shall reconsider all programs and projects funded from the children's health care programs
fund for fiscal year 2000 during the consideration of and action on the appropriation bill
which is known as the omnibus appropriation act of 1999 and which is designated to
constitute the ombnibus reconciliation pspending limit bill for the 1999.''

The bill be further amended by motion of Senator Oleen on page 26, in line 20, after the
colon, by inserting ``And provided further, That, in the discretion of the supreme court,
expenditures may be made from the judiciary operations account for additional
compensation for nonjudicial personnel of the state court system.

The Committee recommended SB 326 be passed as further amended.

The following amendments offered to SB 326 were rejected:

Senator Goodwin moved to amend the bill on page 142, line 43 by inserting completion
of Bypasses in Cowley County as authorized in the 1989 Comprehensive Highway

Plan	~~45,900,000~~ 38,500,000

The motion failed and the amendment was rejected.

Senator Petty moved to amend the bill on page 126, in line 25, by striking ``$29,791,488''
and inserting ``$34,081,697''; by striking lines 32 through 36;

On page 129, in line 11, by striking ``$4,000,000'' and inserting ``$3,000,000''; in line 15,
preceding the period, by inserting: ``: Provided further, That money awarded as grants from
this account is not an entitlement to communities, but a grant that must meet conditions
prescribed by the above agency for appropriate outcomes: And provided further, That no
expenditures shall be made from the children's health care programs fund--prevention
programs account before January 1, 2000''; following line 15, by inserting the following:

``Children's health care programs fund--intervention and graduatedsanctions community grants

$1,902,584

Provided, That all expenditures by the a boveabove agency from the children's health care
programs fund for fiscal year 2000 from the children's health care programs fund--
intervention and graduated sanctions community grants account shall be in addition to any
expenditure limitation imposed on the children's health care programs fund for fiscal year
2000: Provided further, That moneys awarded as grants from this account is not an
entitlement to communities, but a grant that must meet conditions prescribed by the above
agency for appropriate outcomes: And provided further, That no expenditursexpenditures
shall be made from the children's health care programs fund--intervention and graduated
sanctions community grants account before January 1, 2000.

Children's health care programs fund--community managementinformation systems projects

$170,000

Provided, That all expenditures by the above agency from the children's health care
programs fund for fiscal year 2000 from the children's health care programs fund--
community management information systems projects account shall be in addition to any
expenditure limitation imposed on the children's health care programs fund for fiscal year
2000.''

Upon the showing of five hands, a roll call vote was requested.

On roll call, the vote was: Yeas 14, nays 26, present and passing 0; absent or not voting
0.

Yeas: Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley,
Huelskamp, Jones, Lee, Petty, Steineger, Stephens.

Nays: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger,
Harrington, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Tyson, Umbarger, Vidricksen, Vratil.

The motion failed and the amendment was rejected.

Senator Petty offered an amendment which was withdrawn.

Senator Petty offered an amendment on page 1, following line 34, by inserting the
following material to read as follows:

``(d) For the fiscal years ending June 30, 1999, appropriations are hereby made,
restrictions and limitations are hereby imposed, and transfers, capital improvement projects,
fees, receipts, disbursements and acts incidental to the foregoing are hereby directed or
authorized as provided in section 100 of this act.'';

And by redesignating subsections accordingly;

Also on page 1, following line 40, by inserting the following material to read as follows:

``(g) This act shall not be subject to the provisions of subsection (a) of K.S.A. 75-6702 and
amendments thereto.'';

On page 12, in line 28, by subtracting $500,000 from the dollar amount and by adjusting
the dollar amount in line 28 accordingly;

On page 44, following line 6, by inserting the following material to read as follows:

``(o) On July 1, 1999, the appropriation of $1,000,000 appropriated for the above agency
for the fiscal year ending June 30, 2000, by section 9(a) of 1999 Senate Bill No. 325 from
the state general fund in the statehouse ground and facilities improvements account, is
hereby lapsed.'';

Also on page 44, in line 21 by subtracting $4,000,000 from the dollar amount and by
adjusting the dollar amount in line 21 accordingly; page 47, in line 28, by striking ``and''
where it appears for the last time; in line 32, before the period, by inserting ``, and (3) the
amount equal to the $4,000,000 divided by 11'';

On page 55, following line 20, by inserting the following material to read as follows:

``(f) On August 15, 1999, and on December 15, 1999, the director of accounts and reports
shall transfer $300,000 from the Kansas economic development endowment account of the
state economic development initiatives fund of the department of commerce and housing
to the state general fund.'';

And by relettering subsections accordingly;

On page 62, in line 17, by adding $1,220,417 to the dollar amount and by adjusting the
dollar amount in line 17 accordingly;

On page 71, in line 5, by adding $29,583 to the dollar amount and by adjusting the dollar
amount in line 5 accordingly;

On page 74, in line 26, by adding $165,750,000 to the dollar amount and by adjusting the
dollar amount in line 26 accordingly;

On page 75, in line 1, preceding the period, by inserting ``: And provided further, That
expenditures shall be made from the mental health and retardation services aid and
assistance and state institutions operations account by the secretary of social and
rehabilitation services to adjust the reimbursement rates for the MCBS/MR waiver to the
community development disabilities organizations: And provided further, That expenditures
from this account for such purpose shall not exceed $5,000,000: And provided further, That
expenditures shall be made from the mental health and retardation services aid and
assistance and state institutions operations account by the secretary of social and
rehabilitation services to adjust payments due to inflationary increases at the community
mental health centers: And provided further, That expenditures from this account for such
purpose shall not exceed $1,400,000''; in line 13, by subtracting $2,000,000 from the dollar
amount and by adjusting the dollar amount in line 13 accordingly;

On page 81, in line 25 by adding $4,037,833 dollar amount and by adjusting the dollar
amount in line 25 accordingly; following line 29, by inserting the following material to read
as follows:

``Children's health care program fund -- children's mental health certifiedmatch

$3,000,000

Provided, That all expenditures by the above agency from the children's health care
programs fund for fiscal year 2000 from the children's health care program fund --
children's mental health certified match account shall be in addition to any expenditure
limitation imposed on the children's health care programs fund for fiscal year 2000.'' ;

On page 82, in line 19, by subtracting $3,034,000 from the dollar amount and by adjusting
the dollar amount in line 19 accordingly;

On page 83, in line 11, by subtracting $100,000 from the dollar amount and by adjusting
the dollar amount in line 11 accordingly;

On page 86, following line 36, by inserting the following material to read as follows:

``Four-year-old-at-risk programs fund

$4,034,000

Provided, That all expenditures from the four-year-old-at-risk programs fund shall be in
accordance with the school district finance and quality performance act.'';

On page 87, by striking all in lines 32 through 39;

On page 88, following line 6, by inserting the following material to read as follows:

``(h) On July 1, 1999, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer $4,034,000 from the temporary assistance to needy families fund
of the department of social and rehabilitation services to the four-year-old-at-risk programs
fund of the department of education.'';

On page 153, following line 37, by inserting the following material to read as follows:

``Sec. 100.

DEPARTMENT OF TRANSPORTATION
(a) (1) On the effective date of this act, the director of accounts and reports shall reduce the expenditure limitation established pursuant to section 160(b) of Chapter 203 of the 1998
Session Laws of Kansas on the Kansas savings incentive program account of the state
highway fund of the above agency from $5,735,505.99 to $0.

(2) On the effective date of this act, the director of accounts and reports shall transfer
$1,044,060 from the Kansas savings incentive program account of the state highway fund
to the state general fund.

(b) On July 1, 1999, the director of accounts and reports shall transfer $4,691,445 from
the Kansas savings incentive program account of the state highway fund, established
pursuant to section 90(g)(2) of 1999 Senate Bill No. 326, to the state general fund.'';

And by renumbering sections accordingly;

On page 149, in the material amended into the bill on motion by Senator Huelskamp, by
striking all of the section 93 inserted by such amendment and inserting in lueieu thereof
the follin lines 1 through 14 and inserting the following material to read as follows:

``Sec. 93. (a) On July 1, 1999, or as soon thereafter as moneys are available therefor, the
director of accounts and reports shall transfer $20,740,000 from the state general fund to
the children's health care programs fund.

(b) On July 1, 2000, or as soon thereafter as moneys are available therefor, the director
of accounts and reports shall transfer $20,740,000 from the children's health care programs
fund to the state general fund.'';

On page 155, by striking all in lines 9 and 10; in line 11, by striking all before the period,
by inserting ``its publication in the Kansas register'';

On page 1, in the title, in line 11, before ``June 30, 2000,'' by inserting ``June 30, 1999,''.

Upon the showing of five hands a roll call vote was requested.

On roll call, the vote was: Yeas 12, nays 28, present and passing 0; absent or not voting
0.

Yeas: Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Hensley, Jones, Lee, Petty,
Steineger, Stephens.

Nays: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Goodwin,
Hardenburger, Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris,
Oleen, Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Tyson, Umbarger, Vidricksen,
Vratil.

The motion failed and the amendment was rejected.

The Committee recommended HB 2549 be passed.

Also, HB 2213 be amended by adoption of the committee amendments and further
amended by motion of Senator Praeger on page 4, in line 29, after ``act'' by inserting ``, who
has been actively engaged in the practice of professional counseling as a registered or
licensed professional counselor within five years prior to the effective date of this act'';

On page 20, in line 33, after ``act'' by inserting ``, who has been actively engaged in the
practice of marriage and family therapy as a registered or licensed marriage and family
therapist within five years prior to the effective date of this act'';

On page 29, in line 23, after ``act'' by inserting ``, who has been actively engaged in the
practice of masters level psychology as a registered or licensed masters level psychologist
within five years prior to the effective date of this act'';

On page 32, in line 22, by striking ``July'' and inserting ``January''

Also, on page 23, in line 8, by striking ``and'' and inserting ``or''; in line 14, by striking
``by'' and inserting ``from'';

On page 31, in line 33, by striking ``psychotherapist'', and the bill be passed as further
amended.

Senator Oleen requested unanimous consent to postpone to date certain, Thursday, April
1, 1999, 2:00 p.m. consideration of Sub SB 329.

An objection being made, Senator Oleen moved a 2/3 vote to postpone.

Senator Hensley offered a substitute motion to suspend the rules to postpone.

The substitute motion carried.

The objection was withdrawn.

On motion of Senator Oleen, the Committee recommended consideration of Sub SB
329 be postponed to date certain, Thursday, April 1, 1999, 2:00 p.m.

FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and SB 326; HB 2213, 2352, 2549 were advanced to Final Action and roll call.

SB 326, An act making and concerning appropriations for the fiscal years ending June
30, 2000, June 30, 2001; authorizing certain transfers, capital improvement projects and
fees, imposing certain restrictions and limitations and directing or authorizing certain
receipts, disbursements and acts incidental to the foregoing; amending K.S.A. 75-2319, 79-
2959 and 82a-953a and K.S.A. 1998 Supp. 79-2964, 79-3425i and 79-34,147and repealing
the existing sections, by Committee on Ways and Means, was considered on final action.

On roll call, the vote was: Yeas 19, nays 21, present and passing 0; absent or not voting
0.

Yeas: Becker, Bond, Brownlee, Corbin, Emert, Hardenburger, Jordan, Kerr, Langworthy,
Morris, Oleen, Praeger, Ranson, Salisbury, Salmans, Steffes, Umbarger, Vidricksen, Vratil.

Nays: Barone, Biggs, Bleeker, Clark, Donovan, Downey, Feleciano, Gilstrap, Gooch,
Goodwin, Harrington, Hensley, Huelskamp, Jones, Lawrence, Lee, Petty, Pugh, Steineger,
Stephens, Tyson.

A constitutional majority having failed to vote in favor of the bill, SB 326 did not pass.

HB 2213, An act concerning the behavioral sciences regulatory board; concerning
professions regulated by the board; amending K.S.A. 65-5805, 65-6302, 65-6308, 65-6313,
65-6315, 74-5302, 74-5318 and 74-5323 and K.S.A. 1998 Supp. 65-5802, 65-5803, 65-5804,
65-5806, 65-5808, 65-5809, 65-5810, 65-5812, 65-6306, 65-6319, 65-6402, 65-6403, 65-
6404, 65-6407, 65-6410, 65-6411, 74-5361, 74-5362, 74-5363, 74-5365, 74-5369, 74-5371
and 74-5372 and repealing the existing sections, was considered on final action.

On roll call, the vote was: Yeas 37, nays 3, present and passing 0; absent or not voting 0.

Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan,
Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

Nays: Downey, Huelskamp, Pugh.

The bill passed, as amended.

HB 2352, An act concerning courts and judicial proceedings therein; relating to district
magistrate judges, jurisdiction, felony arraignments and residency requirements; appeals by
prosecution to the court of appeals; Kansas code for care of children; amending K.S.A. 20-
310b, 20-334, 20-2915, 22-2902, 22-3206, 22-3602 and 38-1542 and K.S.A. 1998 Supp. 20-
302b, 38- 1502, 38-1528, 38-1543, 38-1562, 38-1565 and 38-1583 and repealing the existing
sections; also repealing K.S.A. 1998 Supp. 38-1502c, was considered on final action.

On roll call, the vote was: Yeas 37, nays 3, 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, Jones, Jordan,
Kerr, Langworthy, Lawrence, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

Nays: Hensley, Huelskamp, Lee.

The bill passed, as amended.

HB 2549, An act amending and supplementing the Kansas estate tax act; amending K.S.A.
1998 Supp. 79-15,100, 79-15,102, 79-15,103, 79-15,107, 79-15,109 and 79-15,113 and
repealing the existing sections; also repealing K.S.A. 1998 Supp. 79-15,104 and 79-15,110,
was considered on final action.

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, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.

Nays: Hensley, Petty.

The bill passed.

On motion of Senator Emert the Senate adjourned until 9:00 a.m., Thursday, April 1,
1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.