Topeka, KS, Wednesday, February 2, 2000, 11:00 a.m.
The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 123 members present.
Reps. Glasscock and Welshimer were excused on excused absence by the Speaker.
Prayer by Chaplain Svoboda:
Holy God,
You are in the midst of us
during our darkest days,
and you lead us into the light of spring.
Today as we look to the groundhog
for an assurance of spring,
help us to remember
that in our lives
you point the way to beauty and life.
Show us the light of your countenance
and illuminate our path.
In Jesus name I pray. Amen.
The Pledge of Allegiance was led by Rep. Crow.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and concurrent resolution were introduced and read by title:
HB 2789, An act concerning school districts; relating to school building report cards;
requiring certain information and disposition; amending K.S.A. 1999 Supp. 72-6439 and
repealing the existing section, by Committee on Education.
HB 2790, An act concerning school districts; relating to the provision of instruction on
human sexuality and sexually transmitted diseases; authorizing the provision of condoms to
pupils under certain conditions, by Committee on Education.
HB 2791, An act concerning juveniles and juvenile offenders; relating to offenses
committed at school; amending K.S.A. 1999 Supp. 38-1624, 38-1632 and 38-1640 and
repealing the existing sections, by Committee on Education.
HB 2792, An act concerning the teacher service scholarship program; relating to amounts
awarded under the program; affecting ways in which obligations under the program may be
fulfilled or postponed; amending K.S.A. 74-32,100, 74-32,101, 74-32,102, 74-32,103, 74-
32,105 and 74-32,106 and K.S.A. 1999 Supp. 74-32,104 and 74-32,107 and repealing the
existing sections, by Committee on Education.
HB 2793, An act concerning school districts; relating to school building report cards;
requiring certain information and disposition; amending K.S.A. 1999 Supp. 72-6439 and
repealing the existing section, by Committee on Education.
HB 2794, An act concerning education; providing for a Kansas mastery of basic skills
program and for recognition of schools that qualify for a basic skills achievement award, by
Committee on Education.
HB 2795, An act enacting the teaching technology act of 2000, by Committee on
Education.
HB 2796, An act concerning school districts; requiring the development and maintenance
of early childhood education programs; providing for the funding of such programs;
authorizing the collection of fees for maintenance of full-day kindergarten; amending K.S.A.
1999 Supp. 72-6409 and repealing the existing section, by Committee on Education.
HB 2797, An act concerning school personnel; relating to the issuance and renewal of
certificates; authorizing the state board of education to receive certain information;
amending K.S.A. 1999 Supp. 72-1397 and repealing the existing section, by Committee on
Education.
HB 2798, An act concerning teacher education institutions; imposing certain
requirements, by Committee on Education.
HB 2799, An act establishing the Kansas mentor teacher program, by Committee on
Education.
HB 2800, An act concerning teacher certification examinations; imposing certain
requirements; amending K.S.A. 72-1394 and 72-1396 and repealing the existing sections,
by Committee on Education.
HB 2801, An act establishing the national board for professional teaching standards
certification incentive program, by Committee on Education.
HB 2802, An act concerning school districts; relating to the provision of instruction on
human sexuality, by Committee on Education.
HB 2803, An act concerning teachers; providing for initial certification upon completion
of an alternate teacher certification program, by Committee on Education.
HB 2804, An act concerning children; relating to compulsory attendance at school;
amending K.S.A. 1999 Supp. 72-1111 and 72-1113 and repealing the existing sections, by
Committee on Education.
HB 2805, An act concerning crimes and punishment; relating to theft detection shielding
devices, by Committee on Judiciary.
HB 2806, An act concerning civil procedure; relating to service of process; amending
K.S.A. 17-1642, 60-303, 61-1803 and 61-1807 and K.S.A. 1999 Supp. 60-312 and repealing
the existing sections, by Committee on Judiciary.
HB 2807, An act relating to property taxation; concerning the publishing of the notice
and listing of real estate subject to delinquent tax; amending K.S.A. 79-2303 and repealing
the existing section, by Committee on Taxation.
HB 2808, An act concerning retirement and pensions; relating to the Kansas public
employees retirement system and the retirement system for judges; benefits; beneficiaries;
amending K.S.A. 1999 Supp. 20-2601, 20-2603, 20-2609, 20-2610 and 74-4902 and repealing
the existing sections, by Committee on Financial Institutions.
HB 2809, An act relating to wrecker and towing service; concerning liens; amending
K.S.A. 8-1103, 8-1104 and 8-1108 and repealing the existing sections; also repealing K.S.A.
8-1106, by Committee on Transportation.
HB 2810, An act concerning school districts; affecting the definition of juvenile detention
facility for the provision of educational services and grants of state moneys; amending K.S.A.
1999 Supp. 72-6407, 72-6430 and 72-8187 and repealing the existing sections, by Committee
on Education.
HB 2811, An act concerning education; providing for a Kansas competency in basic skills
program, by Committee on Education.
HB 2812, An act relating to professional employer organizations; establishing certain
minimum standards applicable to all professional employer organizations operating in the
state, by Committee on Business, Commerce and Labor.
HB 2813, An act concerning deer; relating to permits to take; providing for certain tax
credits; providing for certain payments to processors of deer meat and entities operating
solid waste management disposal areas; amending K.S.A. 1999 Supp. 32-937 and 79-32,117
and repealing the existing sections, by Representatives Lloyd, Freeborn, Schwartz and
Weber.
HOUSE CONCURRENT RESOLUTION No. 5058--
By Committee on Education
A PROPOSITION to amend sections 2, 3, 4, 5 and 7 of article 6 of the constitution
of the state of Kansas, relating to education.
Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected (or appointed) and qualified to the House of Representatives and two-thirds of the members elected (or appointed) and qualified to the Senate concurring therein:
Section 1. The following proposition to amend the constitution of the state of Kansas
shall be submitted to the qualified electors of the state for their approval or rejection:
Sections 2, 3, 4, 5 and 7 of article 6 of the constitution of the state of Kansas are hereby
amended to read as follows:
``§ 2. State boarddepartment of education and state board of regents. (a)
The legislature shall provide for a state boarddepartment of education which shall have generaland for its supervision of public schools, educational institutions and all thesuch other educational interests of the state, except educational functions delegated by law to the state board of regentsas may be prescribed by law. The
state boarddepartment of education shall perform such other duties as may be providedprescribed by law.
(b) The legislature shall provide for a state board of regents and for its control
and supervision of public institutions of higher education. Public institutions of
higher education shall include universities and colleges granting baccalaureate or
postbaccalaureate degrees and such other institutions and educational interests as
may be provided by law. The state board of regents shall perform such other duties
as may be prescribed by law.
(c) Any municipal university shall be operated, supervised and controlled as
provided by law.
``§ 3. Members of state board of education and state board of regents. (a) There shall be ten members of the state board of education with overlapping terms as the legislature may prescribe. The legislature shall make provision for ten member districts, each comprised of four contiguous senatorial districts. The electors of each member district shall elect one person residing in the district as a member of the board. The legislature shall prescribe the manner in which vacancies occurring on the board shall be filled.
(b) The state board of regents shall have nine members with overlapping terms
as the legislature may prescribe. Members shall be appointed by the governor,
subject to confirmation by the senate. One member shall be appointed from each
congressional district with the remaining members appointed at large,; however, no
two members shall reside in the same county at the time of their appointment.
Vacancies occurring on the board shall be filled by appointment by the governor as
provided by law.
(c)(b) Subsequent redistricting shall not disqualify any member of eitherthe state board of regents from service for the remainder of hisa full term. Any member
of eitherthe state board may be removed from office for cause as may be provided
by law.
``§ 4. CommissionerSecretary of education. The state board of education governor shall appoint a commissionersecretary of education, subject to confirmation by the senate, who shall serve at the pleasure of the board as its executive officer governor.
``§ 5. Local public schools. Local public schools under the general supervision of the state board of education shall be maintained, developed and operated by locally
elected boards. When authorized by law, such boards may make and carry out
agreements for cooperative operation and administration of educational programs under the general supervision of the state board of education, but. All such
agreements shall be subject to limitation, change or termination by the legislature. The state department of education shall exercise such supervision over the maintenance, development and operation of local public schools as may be prescribed by law. The powers not delegated to the state department of education by the legislature are reserved to the locally elected boards.
``§ 7. Savings clause. (a) All laws in force at the time of the adoption of this
amendment and consistent therewith shall remain in full force and effect until
amended or repealed by the legislature. All laws inconsistent with this amendment,
unless sooner repealed or amended to conform with this amendment, shall remain
in full force and effect until July 1, 19692001.
(b) Notwithstanding any other provision of the constitution to the contrary, no
state superintendent of public instruction or county superintendent of public instructionboard of education member shall be elected after January 1, 1967 November 7, 2000.
(c) The state perpetual school fund or any part thereof may be managed and invested as provided by law or all or any part thereof may be appropriated, both as to principal and income, to the support of the public schools supervised by the state board of education.''
Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:
``Explanatory statement. This amendment of the education article of the state
constitution would: (1) Require the legislature to provide for a state department of
education, in addition to the state board of regents, to whom governing or supervisory
powers in the area of education may be granted; (2) require the governor to appoint
a secretary of education; (3) eliminate language providing for the state board of
education and the commissioner of education; and (4) eliminate obsolete language
and generally update the provisions of the article.
``A vote for this proposition will make effective the purposes for amendment of the
education article as hereinbefore enumerated.
``A vote against this proposition will continue in effect the present provisions of the
education article.''
Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the House of Representatives, and two-thirds of the members elected (or
appointed) and qualified to the Senate shall be entered on the journals, together with the
yeas and nays. The secretary of state shall cause this resolution to be published as provided
by law and shall cause the proposed amendment to be submitted to the electors of the state
at the general election in the year 2000 unless a special election is called at a sooner date
by concurrent resolution of the legislature, in which case it shall be submitted to the electors
of the state at the special election.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Appropriations: HB 2787, 2788.
Economic Development: HB 2783.
Environment: HB 2781, 2782.
Governmental Organization and Elections: HB 2784.
Health and Human Services: HB 2776, 2780.
Insurance: HB 2777, 2778.
Judiciary: HB 2775, 2785.
Taxation: HB 2779 (separately); HCR 5057.
Tourism: HB 2786.
Utilities: HB 2779 (separately).
COMMUNICATIONS FROM STATE OFFICERS
From John Wine, Chair, Kansas Corporation Commission, pursuant to K.S.A. 66-117b,
Report to the 2000 Kansas Legislature.
The complete report is kept on file and open for inspection in the office of the Chief
Clerk.
MESSAGE FROM THE SENATE
Announcing passage of SB 100, 377, 389, 391, 393, 412, 418, 460.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bills were thereupon introduced and read by title:
SB 100, 377, 389, 391, 393, 412, 418, 460.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
The following resolutions were introduced and read by title:
WHEREAS, Onan C. Burnett, 78, of Topeka, died January 1, 2000, at a Topeka hospital;
and
WHEREAS, Onan Burnett was employed by the Topeka Public Schools for 37 years.
During his career, he was a legislative lobbyist and liaison for the Topeka Public Schools,
served as director of governmental affairs, as assistant director of special education, as a
hearings officer and as a school principal and administrator. He was instrumental in
establishing Capital City High School; and
WHEREAS, Onan Burnett was an adjunct professor at Kansas State University, a teacher
at the Boys' Industrial School, and served on the Kansas State Parole Board. He tutored
doctoral students at the University of Kansas specializing in the education of emotionally
disturbed children. He also was a teacher and coach at Sumner High School in Kansas City,
Kansas; and
WHEREAS, Onan Burnett was a staff sergeant in the Army Air Corps during World
War II, and served as a crew chief on B-29, B-25 and B-17 airplanes; and
WHEREAS, Onan Burnett attended Topeka Public Schools and graduated from
Highland Park High School. He graduated from Washburn University where he was an all-
conference end on the football team. He also received degrees from the University of
Pennsylvania and the University of Kansas; and
WHEREAS, Onan Burnett married Norma Jean Stewart on July 15, 1952, in Emporia.
She survives. Other survivors include a son, Kevin Lenel Burnett, Plano, Texas; a sister,
Evelyn Lorene Burnett, Topeka; and two grandchildren: Now, therefore,
Be it resolved by the House of the Representatives of the State of Kansas: That we extend
our deepest sympathy to the family of Onan Burnett; and
Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to provide an enrolled copy of this resolution to Mrs. Onan C. Burnett at 2419 Western
Avenue, Topeka, KS 66611.
WHEREAS, Marvin M. Cox, a lifetime resident of Kingman, died December 8, 1999,
at 82 years of age; and
WHEREAS, Marvin M. Cox served in the Kansas House of Representatives from 1947
to 1956, with assignments which included Chairperson of the Education Committee and
Vice-Chairperson of the State Parks and Taxation Committee, Building and Grounds
Committee and Claims and Accounts Committee, and in the Kansas Senate from 1965 to
1968, with assignments which included Chairperson of the Savings and Loan Committee
and Vice-Chairperson of the Highways Committee; and
WHEREAS, Marvin M. Cox was an insurance and real estate broker, a farmer and
former Kingman County Commissioner. He was a member and current Trustee of the
Kingman United Methodist Church, former Chairman of the Kingman County Republican
Committee and a member of the Lions Club, VFW and Ninnescah Lodge No. 230 A.F.
and A.M., all of Kingman, and the Carter-Luce American Legion Post, Cunningham. He
was a former board member of the Kingman Savings and Loan, the Kingman County
Industrial Development Committee and the Kingman Community Hospital Board. He was
a member of the Scottish Rite Bodies, Wichita, and the University of Kansas Development
Committee; and
WHEREAS, His legislative colleagues referred to Marvin M. Cox as the ``silver tongued
orator of the Golden Valley of the Ninnescah.'' He was a frequent community speaker for
parades, Memorial Day, Old Settlers picnics and 4-H banquets; and
WHEREAS, Marvin M. Cox was proud of his service in the U.S. Army during World
War II having served in the European Theater; and
WHEREAS, Marvin M. Cox married Willa J. Huddleston; she survives. Also surviving
are two sons, Marvin M. Cox, Jr., and James A. Cox, and five grandchildren: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas: That we honor
the service of Marvin M. Cox to the people of Kansas and that we extend our deepest
sympathy to his family; and
Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to provide three enrolled copies of this resolution to Mrs. Marvin M. Cox at 160 Delaware
Avenue, Kingman, Kansas 67068.
CONSENT CALENDAR
Objection was made to HB 2655 appearing on the Consent Calendar; the bill was placed
on the calendar under the heading of General Orders.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2598, An act concerning the Kansas fire prevention code; relating to compliance
with certain building codes; amending K.S.A. 31-134a and repealing the existing section,
was considered on final action.
On roll call, the vote was: Yeas 122; Nays 1; Present but not voting: 0; Absent or not
voting: 2.
HB 2660, An act concerning certain claims against the state, making appropriations,
authorizing certain transfers, imposing certain restrictions and limitations, and directing or
authorizing certain disbursements, procedures and acts incidental to the foregoing, was
considered on final action.
On roll call, the vote was: Yeas 86; Nays 37; Present but not voting: 0; Absent or not
voting: 2.
EXPLANATIONS OF VOTE
Mr. Speaker: I vote ``yes'' on HB 2660, including the funding of Dr. Naramore's claim.
In doing so, I take strong exception to the unprofessional remarks of our Attorney General,
who continues to call Dr. Naramore a ``convicted felon'' despite a clear mandate from the
appellate court that his wrongful conviction be overturned. As a fellow officer of the court,
charged with respecting the law and the rights of others, I'm outraged that the A.G. would
characterize ``innocence'' as a ``legal technicality.'' I recommend that the Senate amend HB 2660 to fund Dr. Naramore's claim entirely from the A.G.'s budget.--Michael R. O'Neal
Mr. Speaker: I vote no on HB 2660, making appropriations on the special Naramore
claim, all for the reasons I laid before the body during the debate on the Schmidt claim
amendment. We have allowed ourselves to become caught up in collateral, political issues
of recent days, and voted based on emotion, not reason. We owe our duty, and our allegiance,
to the taxpaying constituents we represent. Our courts are so designed that citizens are not
wrongfully incarcerated. Because the system works, Dr. Naramore is free. No credible
evidence exists to support any obligation or duty on the part of the State to pay
$250,000.00.--Ward Loyd
H. Sub. for SB 244, An act relating to elections; concerning the presidential preference
primary election; amending K.S.A. 1999 Supp. 25-4501 and repealing the existing section;
also repealing sections 2 and 3 of chapter 3 of the 1996 Session Laws of Kansas, was
considered on final action.
On roll call, the vote was: Yeas 83; Nays 40; Present but not voting: 0; Absent or not
voting: 2.
EXPLANATION OF VOTE
Mr. Speaker: I vote no on H. Sub. for SB 244. Eliminating Kansas' right to select the
candidates for the highest office in this nation because of fiscal concerns is short-sighted
and irresponsible.
Nurturing democracy requires vigilance and sacrifice. Refusal to invest $1.5 million to
conduct the Presidential Primary out of a $4.5 billion state budget speaks volumes about
this body's priorities. Support for this bill dramatizes a lack of commitment to democracy's
most fundamental linchpin--our citizen's right to vote for who will be the candidates for
President of the United States.--Bill Reardon, David Haley
On motion of Rep. Weber, the House went into Committee of the Whole, with Rep. Wilk
in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Wilk, Committee of the Whole report, as follows, was adopted:
Recommended that committee report recommending a substitute bill to Sub. HB 2581
be adopted; also, roll call was demanded on motion of Rep. Empson to amend on page 1,
by striking all of lines 13 through 43;
On page 2, by striking all of lines 1 through 26 and inserting:
``Section 1. K.S.A. 1999 Supp. 65-6701 is hereby amended to read as follows: 65-6701.
As used in this actK.S.A. 65-6701 through 65-6721, and amendments thereto:
(a) ``Abortion'' means the use of any means to intentionally terminate a pregnancy except
for the purpose of causing a live birth. Abortion does not include: (1) The use of any drug
or device that inhibits or prevents ovulation, fertilization or the implantation of an embryo;
or (2) disposition of the product of in vitro fertilization prior to implantation.
(b) ``Counselor'' means a person who is: (1) Licensed to practice medicine and surgery;
(2) licensed to practice psychology; (3) licensed to practice professional or practical nursing;
(4) registered to practice professional counseling; (5) licensed as a social worker; (6) the
holder of a master's or doctor's degree from an accredited graduate school of social work;
(7) registered to practice marriage and family therapy; (8) a registered physician's assistant;
or (9) a currently ordained member of the clergy or religious authority of any religious
denomination or society. Counselor does not include the physician who performs or induces
the abortion or a physician or other person who assists in performing or inducing the
abortion.
(c) ``Department'' means the department of health and environment.
(d) ``Gestational age'' means the time that has elapsed since the first day of the woman's
last menstrual period.
(e) ``Medical emergency'' means that condition which, on the basis of the physician's good faith clinical judgmenta condition which the attending physician determines, in accordance with accepted practices and standards applied by physicians in the same or similar circumstances, so complicates the medical condition of a pregnant woman as to
necessitate thean immediate abortion of her pregnancy to avert her deathto preserve the life of the pregnant woman or for which a delay will create serious risk of substantial and
irreversible impairment of a major bodilyphysical or mental function.
(f) ``Minor'' means a person less than 18 years of age.
(g) ``Physician'' means a person licensed to practice medicine and surgery in this state.
(h) ``Pregnant'' or ``pregnancy'' means that female reproductive condition of having a
fetus in the mother's body.
(i) ``Qualified person'' means an agent of the physician who is a psychologist, licensed
social worker, registered professional counselor, registered nurse or physician.
(j) ``Unemancipated minor'' means any minor who has never been: (1) Married; or (2)
freed, by court order or otherwise, from the care, custody and control of the minor's parents.
(k) ``Viable'' means that stage of gestation when, in the best medical judgment of the attending physician, the fetus is capable of sustained survival outside the uterus without the application of extraordinary medical means.
(k) ``Viable'' means that state of fetal development when the attending physician determines, in accordance with accepted practices and standards applied by physicians in the same or similar circumstances, there is a reasonable likelihood that the life of the fetus will continue indefinitely outside the mother's womb with or without natural or artificial life-supportive systems.
Sec. 2. K.S.A. 1999 Supp. 65-6703 is hereby amended to read as follows: 65-6703. (a)
No person shall perform or induce an abortion when the fetus is viable unless such person
is a physician and has a documented referral from another physician not legally or financially
affiliated with the physician performing or inducing the abortion and both physicians
determine that: (1) The abortion is necessary to preserve the life of the pregnant woman;
or (2) a continuation of the pregnancy will cause a substantial and irreversible impairment
of a major bodilyphysical or mental function of the pregnant woman.
(b) (1) Except in the case of a medical emergency, prior to performing an abortion
upon a woman, the physician shall determine the gestational age of the fetus according to
accepted obstetrical and neonatal practicepractices and standards applied by physicians in
the same or similar circumstances. If the physician determines the gestational age is less
than 22 weeks, the physician shall document as part of the medical records of the woman
the basis for the determination.
(2) If the physician determines the gestational age of the fetus is 22 or more weeks,and
prior to performing an abortion upon the woman, the physician shall determine if the fetus is viable by using and exercising that degree of care, skill and proficiency commonly exercised by the ordinary skillful, careful and prudent physician, in accordance with accepted practices and standards applied by physicians in the same or similar circumstances, if the fetus is viable. In making this determination of viability, the physician shall perform or cause
to be performed such medical examinations and tests as are necessary to make a finding of
the gestational age of the fetus and shall enter such findings and determinations of viability
in the medical record of the woman.
(3) If the physician determines the gestational age of a fetus is 22 or more weeks, and
determines that the fetus is not viable and performs an abortion on the woman, the physician
shall report such determinations and the reasons for such determinations in writing to the
medical care facility in which the abortion is performed for inclusion in the report of the
medical care facility to the secretary of health and environment under K.S.A. 65-445, and
amendments thereto or. If the abortion is not performed in a medical care facility, the
physician shall report such determinations and the reasons for such determinations in writing
to the secretary of health and environment as part of the written report made by the
physician to the secretary of health and environment under K.S.A. 65-445, and amendments
thereto.
(4) If the physician who is to perform the abortion determines the gestational age of a
fetus is 22 or more weeks, and determines that the fetus is viable,and both physicians under
subsection (a) determine in accordance with the provisions of subsection (a) that an abortion
is necessary to preserve the life of the pregnant woman or that a continuation of the
pregnancy will cause a substantial and irreversible impairment of a major bodilyphysical or mental function of the pregnant woman and the physician performs an abortion on the
woman, the physician who performs the abortion shall report such determinations, the
reasons for such determinations and the basis for the determination that an abortion is
necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy
will cause a substantial and irreversible impairment of a major bodilyphysical or mental
function of the pregnant woman in writing to the medical care facility in which the abortion
is performed for inclusion in the report of the medical care facility to the secretary of health
and environment under K.S.A. 65-445, and amendments thereto or. If the abortion is not
performed in a medical care facility, the physician who performs the abortion shall report
such determinations, the reasons for such determinations and the basis for the determination
that an abortion is necessary to preserve the life of the pregnant woman or that a
continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodilyphysical or mental function of the pregnant woman in writing to the secretary of
health and environment as part of the written report made by the physician to the secretary
of health and environment under K.S.A. 65-445, and amendments thereto.
(5) The physician shall retain the medical records required to be kept under paragraphs
(1) and (2) of this subsection (b) for not less than five years and shall retain a copy of the
written reports required under paragraphs (3) and (4) of this subsection (b) for not less than
five years.
(c) A woman upon whom an abortion is performed shall not be prosecuted under this
section for a conspiracy to violate this section pursuant to K.S.A. 21-3302, and amendments
thereto.
(d) Nothing in this section shall be construed to create a right to an abortion. Nothing in this section shall be construed as eliminating the necessity for compliance with the woman's right-to-know act. Notwithstanding any provision of this section, a person shall not
perform an abortion that is prohibited by law.
(e) As used in this section, ``viable'' means that stage of fetal development when it is the physician's judgment according to accepted obstetrical or neonatal standards of care and practice applied by physicians in the same or similar circumstances that there is a reasonable probability that the life of the child can be continued indefinitely outside the mother's womb with natural or artificial life-supportive measures.
(f)(e) If any provision of this section is held to be invalid or unconstitutional, it shall be conclusively presumed conclusively that the legislature would have enacted the remainder
of this section without such invalid or unconstitutional provision.
(g)(f) A person who intentionally, knowingly or recklessly violates this section and upon
a first conviction of a violation of this section, a personthereof shall be guilty of a class A
nonperson misdemeanor. Uponand upon a second or subsequent conviction of a violation of this section, a person shall be guilty of a severity level 10, nonperson felony.
Sec. 3. K.S.A. 1999 Supp. 65-6712 is hereby amended to read as follows: 65-6712. Any
physician who intentionally, knowingly or recklessly fails to provide in accordance with
K.S.A. 1999 Supp. 65-6709, and amendments thereto, the printed materials described in
K.S.A. 1999 Supp. 65-6710, and amendments thereto, whether or not an abortion is actually performed on the woman, is guilty of unprofessional conduct as defined in K.S.A. 65-2837,
and amendments thereto.
Sec. 4. K.S.A. 1999 Supp. 65-6721 is hereby amended to read as follows: 65-6721. (a)
No person shall perform or induce a partial birth abortion on a viable fetus unless such
person is a physician and has a documented referral from another physician not legally or
financially affiliated with the physician performing or inducing the abortion and both
physicians determine: (1) The, in accordance with accepted practices and standards applied by physicians in the same or similar circumstances, that the abortion is necessary to preserve
the life of the pregnant woman; or (2) a continuation of the pregnancy will cause a substantial and irreversible impairment of a major physical or mental function of the pregnant woman.
(b) As used in this section:
(1) ``Partial birth abortion'' means an abortion procedure which includes the deliberate
and intentional evacuation of all or a part of the intracranial contents of a viable fetus prior
to removal of such otherwise intact fetus from the body of the pregnant woman.
(2) ``Partial birth abortion'' shall not include the: (A) Suction curettage abortion
procedure; (B) suction aspiration abortion procedure; or (C) dilation and evacuation
abortion procedure involving dismemberment of the fetus prior to removal from the body
of the pregnant woman.
(c) If a physician determines in accordance with the provisions of subsection (a) that a
partial birth abortion is necessary and performs a partial birth abortion on the woman, the
physician shall report such determination and the reasons for such determination in writing
to the medical care facility in which the abortion is performed for inclusion in the report of
the medical care facility to the secretary of health and environment under K.S.A. 65-445,
and amendments thereto or. If the abortion is not performed in a medical care facility, the
physician shall report the reasons for such determination in writing to the secretary of health
and environment as part of the written report made by the physician to the secretary of
health and environment under K.S.A. 65-445, and amendments thereto. The physician shall
retain a copy of the written reports required under this subsection for not less than five
years.
(d) A woman upon whom ana partial birth abortion is performed shall not be
prosecuted under this section for a conspiracy to violate this section pursuant to K.S.A. 21-
3302, and amendments thereto.
(e) Nothing in this section shall be construed to create a right to an abortion. Nothing in this section shall be construed as eliminating the necessity for compliance with the woman's right-to-know act. Notwithstanding any provision of this section, a person shall not
perform an abortion that is prohibited by law.
(f) Upon conviction of a violation of thisA person convicted of intentionally, knowingly or recklessly violating this section, a person shall be guilty of a severity level 10 person
felony.
Sec. 5. K.S.A. 1999 Supp. 65-6701, 65-6703, 65-6712 and 65-6721 are hereby
repealed.'';
Also on page 2, by renumbering section 3 as section 6; in line 28, by striking ``Kansas
register'' and inserting ``statute book'';
In the title, in line 9, by striking ``relating to partial birth abortion;''; in line 10, after
``Supp.'' by inserting ``65-6701, 65-6703, 65-6712 and''; also in line 10, by striking ``section''
and inserting ``sections'';
On roll call, the vote was: Yeas 48; Nays 72; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Glasscock, Johnson, Nichols, Spangler, Welshimer.
The motion of Rep. Empson did not prevail.
Also, roll call was demanded on motion of Rep. Kuether to amend Sub. HB 2581 on
page 2, after line 25, by inserting:
``Sec. 2. K.S.A. 1999 Supp. 65-6703 is hereby amended to read as follows: 65-6703. (a)
No person shall perform or induce an abortion when the fetus is viable unless such person
is a physician and has a documented referral from another physician not legally or financially
affiliated with the physician performing or inducing the abortion and both physicians
determine that: (1) The abortion is necessary to preserve the life or physical health or mental health of the pregnant woman; or (2) a continuation of the pregnancy will cause a substantial
and irreversible impairment of a major bodily function of the pregnant woman.
(b) (1) Except in the case of a medical emergency, prior to performing an abortion
upon a woman, the physician shall determine the gestational age of the fetus according to
accepted obstetrical and neonatal practice and standards applied by physicians in the same
or similar circumstances. If the physician determines the gestational age is less than 22
weeks, the physician shall document as part of the medical records of the woman the basis
for the determination.
(2) If the physician determines the gestational age of the fetus is 22 or more weeks,
prior to performing an abortion upon the woman the physician shall determine if the fetus
is viable by using and exercising that degree of care, skill and proficiency commonly
exercised by the ordinary skillful, careful and prudent physician in the same or similar
circumstances. In making this determination of viability, the physician shall perform or cause
to be performed such medical examinations and tests as are necessary to make a finding of
the gestational age of the fetus and shall enter such findings and determinations of viability
in the medical record of the woman.
(3) If the physician determines the gestational age of a fetus is 22 or more weeks, and
determines that the fetus is not viable and performs an abortion on the woman, the physician
shall report such determinations and the reasons for such determinations in writing to the
medical care facility in which the abortion is performed for inclusion in the report of the
medical care facility to the secretary of health and environment under K.S.A. 65-445 and
amendments thereto or if the abortion is not performed in a medical care facility, the
physician shall report such determinations and the reasons for such determinations in writing
to the secretary of health and environment as part of the written report made by the
physician to the secretary of health and environment under K.S.A. 65-445 and amendments
thereto.
(4) If the physician who is to perform the abortion determines the gestational age of a
fetus is 22 or more weeks, and determines that the fetus is viable, both physicians under
subsection (a) determine in accordance with the provisions of subsection (a) that an abortion
is necessary to preserve the life of the pregnant woman or that a continuation of the
pregnancy will cause a substantial and irreversible impairment of a major bodily function
of the pregnant woman and the physician performs an abortion on the woman, the physician
who performs the abortion shall report such determinations, the reasons for such
determinations and the basis for the determination that an abortion is necessary to preserve
the life of the pregnant woman or that a continuation of the pregnancy will cause a
substantial and irreversible impairment of a major bodily function of the pregnant woman
in writing to the medical care facility in which the abortion is performed for inclusion in
the report of the medical care facility to the secretary of health and environment under
K.S.A. 65-445 and amendments thereto or if the abortion is not performed in a medical
care facility, the physician who performs the abortion shall report such determinations, the
reasons for such determinations and the basis for the determination that an abortion is
necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy
will cause a substantial and irreversible impairment of a major bodily function of the
pregnant woman in writing to the secretary of health and environment as part of the written
report made by the physician to the secretary of health and environment under K.S.A. 65-
445 and amendments thereto.
(5) The physician shall retain the medical records required to be kept under paragraphs
(1) and (2) of this subsection (b) for not less than five years and shall retain a copy of the
written reports required under paragraphs (3) and (4) of this subsection (b) for not less than
five years.
(c) A woman upon whom an abortion is performed shall not be prosecuted under this
section for a conspiracy to violate this section pursuant to K.S.A. 21-3302, and amendments
thereto.
(d) Nothing in this section shall be construed to create a right to an abortion.
Notwithstanding any provision of this section, a person shall not perform an abortion that
is prohibited by law.
(e) As used in this section, ``viable'' means that stage of fetal development when it is
the physician's judgment according to accepted obstetrical or neonatal standards of care and
practice applied by physicians in the same or similar circumstances that there is a reasonable
probability that the life of the child can be continued indefinitely outside the mother's womb
with natural or artificial life-supportive measures.
(f) If any provision of this section is held to be invalid or unconstitutional, it shall be
conclusively presumed that the legislature would have enacted the remainder of this section
without such invalid or unconstitutional provision.
(g) Upon a first conviction of a violation of this section, a person shall be guilty of a
class A nonperson misdemeanor. Upon a second or subsequent conviction of a violation of
this section, a person shall be guilty of a severity level 10, nonperson felony.'';
Also on page 2, by renumbering the remaining sections accordingly; in line 26, by striking
``65-6721 is'' and inserting ``65-6703 and 65-6721 are'';
In the title, in line 9, by striking ``relating to partial birth abortion;''; in line 10, after
``Supp.'' by inserting ``65-6703 and''; also in line 10, by striking ``section'' and inserting
``sections';
On roll call, the vote was: Yeas 49; Nays 72; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Glasscock, Johnson, Spangler, Welshimer.
The motion of Rep. Kuether did not prevail.
Also, on motion of Rep. Kirk to amend Sub. HB 2581, the motion did not prevail.
Also, roll call was demanded on motion of Rep. E. Peterson to amend Sub. HB 2581 on
page 2, after line 25, by inserting:
``New Sec. 1. (a) If Kansas law prevents a woman from obtaining an abortion when best
medical evidence clearly shows that the fetus has a severe mental or physical defect which,
if the fetus is not aborted, will make the child born unable to care for itself for the rest of
the child's life and if the child is in fact born with a severe mental or physical defect and
unable to care for itself for the rest of the child's life, the state of Kansas shall:
(1) Pay 100% of the costs of care of the child for the rest of the child's life if the child
is institutionalized; and
(2) pay 51% of the costs of care of the child for the rest of the child's life if the child is
not institutionalized.
(b) If it is necessary for an interested party to bring legal action to enforce the provisions
of subsection (a), the interested party shall recover, in addition to amounts provided by
subsection (a), reasonable fees and costs, including attorney fees.'';
Also on page 2, by renumbering the remaining sections accordingly;
In the title, in line 9, after the second semicolon, by inserting ``requiring the state to pay
certain costs of caring for certain children;'';
On roll call, the vote was: Yeas 50; Nays 70; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Glasscock, Johnson, Sharp, Spangler, Welshimer.
The motion of Rep. E. Peterson did not prevail.
Also, roll call was demanded on motion of Rep. Storm to amend Sub. HB 2581 on page
2, after line 25, by inserting:
``Sec. 2. K.S.A. 1999 Supp. 65-6703 is hereby amended to read as follows: 65-6703. (a)
No person shall perform or induce an abortion when the fetus is viable unless such person
is a physician and has a documented referral from another physician not legally or financially
affiliated with the physician performing or inducing the abortion and both physicians
determine that: (1) The abortion is necessary to preserve the life of the pregnant woman; or (2) a continuation of the pregnancy will cause a substantial and irreversible impairment
of a major bodily function of the pregnant woman; or (3) the pregnancy resulted from rape, incest or other felonious sexual intercourse.
(b) (1) Except in the case of a medical emergency, prior to performing an abortion
upon a woman, the physician shall determine the gestational age of the fetus according to
accepted obstetrical and neonatal practice and standards applied by physicians in the same
or similar circumstances. If the physician determines the gestational age is less than 22
weeks, the physician shall document as part of the medical records of the woman the basis
for the determination.
(2) If the physician determines the gestational age of the fetus is 22 or more weeks,
prior to performing an abortion upon the woman the physician shall determine if the fetus
is viable by using and exercising that degree of care, skill and proficiency commonly
exercised by the ordinary skillful, careful and prudent physician in the same or similar
circumstances. In making this determination of viability, the physician shall perform or cause
to be performed such medical examinations and tests as are necessary to make a finding of
the gestational age of the fetus and shall enter such findings and determinations of viability
in the medical record of the woman.
(3) If the physician determines the gestational age of a fetus is 22 or more weeks, and
determines that the fetus is not viable and performs an abortion on the woman, the physician
shall report such determinations and the reasons for such determinations in writing to the
medical care facility in which the abortion is performed for inclusion in the report of the
medical care facility to the secretary of health and environment under K.S.A. 65-445 and
amendments thereto or if the abortion is not performed in a medical care facility, the
physician shall report such determinations and the reasons for such determinations in writing
to the secretary of health and environment as part of the written report made by the
physician to the secretary of health and environment under K.S.A. 65-445 and amendments
thereto.
(4) If the physician who is to perform the abortion determines the gestational age of a
fetus is 22 or more weeks, and determines that the fetus is viable, both physicians under
subsection (a) determine in accordance with the provisions of subsection (a) that an abortion
is necessary to preserve the life of the pregnant woman or that a continuation of the
pregnancy will cause a substantial and irreversible impairment of a major bodily function
of the pregnant woman and the physician performs an abortion on the woman, the physician
who performs the abortion shall report such determinations, the reasons for such
determinations and the basis for the determination that an abortion is necessary to preserve
the life of the pregnant woman or that a continuation of the pregnancy will cause a
substantial and irreversible impairment of a major bodily function of the pregnant woman
in writing to the medical care facility in which the abortion is performed for inclusion in
the report of the medical care facility to the secretary of health and environment under
K.S.A. 65-445 and amendments thereto or if the abortion is not performed in a medical
care facility, the physician who performs the abortion shall report such determinations, the
reasons for such determinations and the basis for the determination that an abortion is
necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy
will cause a substantial and irreversible impairment of a major bodily function of the
pregnant woman in writing to the secretary of health and environment as part of the written
report made by the physician to the secretary of health and environment under K.S.A. 65-
445 and amendments thereto.
(5) The physician shall retain the medical records required to be kept under paragraphs
(1) and (2) of this subsection (b) for not less than five years and shall retain a copy of the
written reports required under paragraphs (3) and (4) of this subsection (b) for not less than
five years.
(c) A woman upon whom an abortion is performed shall not be prosecuted under this
section for a conspiracy to violate this section pursuant to K.S.A. 21-3302, and amendments
thereto.
(d) Nothing in this section shall be construed to create a right to an abortion.
Notwithstanding any provision of this section, a person shall not perform an abortion that
is prohibited by law.
(e) As used in this section, ``viable'' means that stage of fetal development when it is
the physician's judgment according to accepted obstetrical or neonatal standards of care and
practice applied by physicians in the same or similar circumstances that there is a reasonable
probability that the life of the child can be continued indefinitely outside the mother's womb
with natural or artificial life-supportive measures.
(f) If any provision of this section is held to be invalid or unconstitutional, it shall be
conclusively presumed that the legislature would have enacted the remainder of this section
without such invalid or unconstitutional provision.
(g) Upon a first conviction of a violation of this section, a person shall be guilty of a
class A nonperson misdemeanor. Upon a second or subsequent conviction of a violation of
this section, a person shall be guilty of a severity level 10, nonperson felony.'';
Also on page 2, by renumbering the remaining sections accordingly; in line 26, by striking
``65-6721 is'' and inserting ``65-6703 and 65-6721 are'';
In the title, in line 9, by striking ``relating to partial birth abortion;''; in line 10, after
``Supp.'' by inserting ``65-6703 and''; also in line 10, by striking ``section'' and inserting
``sections'';
On roll call, the vote was: Yeas 47; Nays 71; Present but not voting: 0; Absent or not
voting: 7.
Absent or not voting: Allen, Burroughs, Glasscock, Johnson, Nichols, Spangler,
Welshimer.
The motion of Rep. Storm did not prevail; and Sub. HB 2581 be passed.
REPORTS OF STANDING COMMITTEES
The Committee on Health and Human Services recommends HB 2701 be amended
on page 1, in line 21, after ``state'' by inserting ``, or by a person who is registered as a
physician's assistant under the laws of this state when such person is working at the direction
of or in collaboration with a person licensed to practice medicine and surgery,''; in line 22,
preceding the period, by inserting ``when such person is working at the direction of or in
collaboration with a person licensed to practice medicine and surgery''; in line 36, after
``state'' by inserting ``, or by a person who is registered as a physician's assistant under the
laws of this state when such person is working at the direction of or in collaboration with a
person licensed to practice medicine and surgery,''; in line 38, after ``state'' by inserting
``when such person is working at the direction of or in collaboration with a person licensed
to practice medicine and surgery'';
On page 2, in line 8, after ``state'' by inserting ``, or by a person who is registered as a
physician's assistant under the laws of this state when such person is working at the direction
of or in collaboration with a person licensed to practice medicine and surgery,''; in line 10,
after ``state'' by inserting ``when such person is working at the direction of or in collaboration
with a person licensed to practice medicine and surgery''; and the bill be passed as amended.
The Committee on Local Government recommends HB 2661, 2662, 2663 be passed
and, because the committee is of the opinion that the bills are of a noncontroversial nature,
be placed on the consent calendar.
Upon unanimous consent, the House referred back to the regular order of business,
Introduction of Bills and Concurrent Resolutions.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and concurrent resolutions were thereupon introduced and read by
title:
HB 2814, An act establishing the senior pharmacy assistance program; providing for
administration of the program by the secretary of social and rehabilitation services, by
Representatives Mayans and Glasscock, Aday, Alldritt, Barnes, Benlon, Burroughs,
Compton, Empson, Faber, Farmer, Flower, Freeborn, Gatewood, Gilbert, Hayzlett, Henry,
Hermes, Horst, Howell, Huff, Hutchins, Johnston, P. Long, Loyd, Mason, Mays, McClure,
McCreary, Merrick, Minor, Mollenkamp, Judy Morrison, Myers, O'Neal, E. Peterson,
Pottorff, Powell, Powers, Ruff, Sharp, Stone, Tanner, Tedder, Thimesch, Tomlinson,
Toplikar, Vickrey, Vining and Wilk.
HB 2815, An act concerning certain cities; relating to the change in classification thereof;
amending K.S.A. 14-101 and repealing the existing section, by Committee on Local
Government.
HB 2816, An act concerning big game permits; relating to deer; amending K.S.A. 32-
1001 and K.S.A. 1999 Supp. 32-937 and repealing the existing sections, by Committee on
Agriculture.
HB 2817, An act concerning animals; relating to the disposition of animals from an animal
shelter; relating to spaying or neutering; amending K.S.A. 1999 Supp. 47-1710 and 47-1731
and repealing the existing sections, by Committee on Agriculture.
HB 2818, An act concerning agriculture; enacting the Kansas agricultural production
contract fair practices act; prescribing penalties for violations thereof, by Representatives
Larkin and Faber and Alldritt, Barnes, Crow, Findley, Flora, Gilbert, Grant, Henry, Howell,
Johnston, Klein, Kuether, P. Long, Mayans, McClure, McCreary, McKinney, Merrick,
Mollenkamp, Jim Morrison, Myers, O'Brien, Osborne, E. Peterson, Phelps, Ruff, Spangler,
Tedder, Thimesch, Toelkes and Welshimer.
HB 2819, An act concerning deer; relating to the taking thereof, by Representatives
Aurand and Schwartz.
HB 2820, An act concerning crimes and punishment; relating to violations of conditions
of release; amending K.S.A. 1999 Supp. 75-5217 and repealing the existing section, by
Committee on Judiciary.
HB 2821, An act relating to income taxation; imposing a tax upon income derived from
certain state controversy settlement agreements; amending K.S.A. 1999 Supp. 79-32,110
and repealing the existing section, by Representative Powell.
HB 2822, An act concerning crimes, punishment and criminal procedure; relating to
records compiled by the secretary of corrections; concerning open records; amending K.S.A.
22-3711 and K.S.A. 1999 Supp. 45-221 and repealing the existing sections, by Committee
on Judiciary.
HB 2823, An act relating to property taxation; concerning the valuation of producing gas
wells; amending K.S.A. 79-331 and repealing the existing section, by Committee on Taxation.
HB 2824, An act concerning the department of corrections; relating to parolees, by
Committee on Judiciary.
HB 2825, An act relating to consumer protection; prohibiting certain acts, by Committee
on Financial Institutions.
HB 2826, An act concerning oil and gas; relating to unitization and unit operations;
amending K.S.A. 55-1304, 55-1308 and 55-1312 and K.S.A. 1999 Supp. 55-1305 and
repealing the existing sections, by Committee on Utilities.
HB 2827, An act concerning the capitol; relating to memorials on the capitol grounds;
prescribing certain powers, duties, functions, guidelines and procedures, by Representatives
Kuether, Gilbert, Kirk, O'Brien, Phelps, Ruff, Toelkes, and Welshimer.
HB 2828, An act concerning historic preservation; amending K.S.A. 75-2721 and
repealing the existing section, by Representative Kuether.
HB 2829, An act relating to historic preservation; concerning tax credits; amending K.S.A.
75-2716 and repealing the existing section, by Representative Kuether.
HB 2830, An act concerning confined feeding facilities for swine; prohibiting issuance
of permits for such facilities located in certain areas; requiring the secretary of health and
environment to adopt certain standards applicable thereto, by Committee on Environment.
HB 2831, An act concerning solid waste; relating to fees and charges for the collection
and disposal thereof; amending K.S.A. 65-3410 and repealing the existing section, by
Committee on Environment.
HB 2832, An act relating to the Kansas economic opportunity initiatives fund; concerning
reporting requirements for expenditures therefrom; amending K.S.A. 1999 Supp. 74-50,151
and repealing the existing section, by Committee on Economic Development.
HB 2833, An act amending the homestead property tax refund act; concerning the
definition of income; amending K.S.A. 79-4502 and repealing the existing section, by
Representatives Findley and Barnes, Burroughs, Crow, Dean, Feuerborn, Flaharty, Gilbert,
Haley, Kirk, Kuether, Larkin, M. Long, McClure, Nichols, Pauls, E. Peterson, Reardon,
Rehorn, Ruff, Sharp, Spangler, Swenson, Toelkes and Welshimer.
HB 2834, An act relating to refunds of sales tax paid upon food; amending K.S.A. 1999
Supp. 79-3633 and 79-3635 and repealing the existing sections, by Representatives Findley
and Barnes, Burroughs, Crow, Dean, Flaharty, Gilbert, Haley, Kirk, Kuether, Larkin, M.
Long, McClure, O'Brien, Pauls, E. Peterson, Reardon, Rehorn, Ruff, Sharp, Spangler,
Storm, Swenson, Toelkes and Welshimer.
HB 2835, An act relating to income taxation; providing for long-term health care health
insurance premium deductions; amending K.S.A. 1999 Supp. 79-32,117 and repealing the
existing section, by Representatives Findley and Alldritt, Ballard, Barnes, Crow, Dean,
Flaharty, Garner, Gatewood, Gilbert, Haley, Henderson, Johnston, Kirk, Klein, Kuether,
M. Long, McClure, O'Brien, Pauls, E. Peterson, Phelps, Reardon, Ruff, Sharp, Showalter,
Spangler, Storm, Swenson, Toelkes, Wells and Welshimer.
HB 2836, An act relating to sales taxation; authorizing Miami county to impose a
countywide sales tax for road construction and improvement purposes; amending K.S.A.
1999 Supp. 12-187 and 12-189 and repealing the existing sections; also repealing K.S.A.
1999 Supp. 12-189c, by Committee on Taxation.
HB 2837, An act regarding heritage tourism and historic preservation; concerning loans;
amending K.S.A. 75-2716 and repealing the existing section, by Representative Kuether.
HB 2838, An act concerning infants and minor children actors; limiting hours infants
can act; requiring a percentage of their earnings be held in trust; amending K.S.A. 38-102
and repealing the existing section, by Representatives Mays and Sharp.
HB 2839, An act concerning retirement and pensions; relating to the Kansas public
employees retirement system; members of the legislature, by Representatives Flaharty and
Alldritt, Horst, Storm and Wells.
HB 2840, An act relating to children and minors; concerning children in need of care
and special needs children; regarding tax credits therefor; amending K.S.A. 79-32,202 and
repealing the existing section, by Committee on Appropriations.
HB 2841, An act concerning cities and counties; relating to planning and zoning;
amending K.S.A. 12-744 and repealing the existing section, by Representative Hermes.
HB 2842, An act relating to children in need of care; regarding confidentiality; amending
K.S.A. 1999 Supp. 38-1507 and repealing the existing section, by Committee on
Appropriations.
HB 2843, An act relating to taxation of nonprofit organizations; concerning Mid-America
Association for Computers in Education; amending K.S.A. 1999 Supp. 12-1692, 12-1696
and 79-3606 and repealing the existing sections, by Committee on Education.
HB 2844, An act concerning elections; relating to the distribution of ballots, by
Committee on Governmental Organization and Elections.
HB 2845, An act establishing the Kansas Indian advisory commission; prescribing the
powers and duties thereof, by Committee on Federal and State Affairs.
HOUSE CONCURRENT RESOLUTION No. 5059--
By Committee on Economic Development
A CONCURRENT RESOLUTION requesting the state government to undertake and
fund an ongoing strategic analysis of the state's economy.
WHEREAS, The Kansas economy enjoyed strong and sustained growth throughout the
1990's; and
WHEREAS, The traditional foundation pillars of the Kansas economy, agriculture, oil
and gas and manufacturing have been joined by a robust information and service economy;
and
WHEREAS, Increasing global competition presents ever stronger challenges to
leadership of Kansas agriculture and manufacturing, and Kansas' oil and gas industry
continues to endure hardship stemming from depressed prices and escalating costs of
extraction; and
WHEREAS, Kansas' institutions and citizens have shown considerable promise to
develop new strengths in the creation and application of technology as yet another key
element in the state's economy; and
WHEREAS, The Kansas economy has been successfully guided by the findings,
objectives and strategies set forth as a result of a broadly-based, non-partisan effort in the
mid-1980's which resulted in publication in 1986 of what has become widely-known and
respected as the ``Redwood-Krider Report''; and
WHEREAS, The evolving global economy has introduced new forces only glimpsed on
the horizon 14 years ago that now shape the economic environment in which Kansans must
compete: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the Legislature has determined that the beginning of the twenty-first century
represents an auspicious occasion upon which to launch a comprehensive reexamination of
factors, trends and opportunities which confront the state; and
Be it further resolved: That having created Kansas, Inc. as the private-public agency of
state government empowered to undertake ongoing strategic analysis of the state's economy
and to oversee the formulation of economic development policy and strategic planning for
the state, Kansas, Inc. is hereby urged to establish a broadly-based, inclusive, non-partisan
and objective working group to undertake a thorough examination of the state's areas of
economic advantage and disadvantage and to present to the Legislature and the people of
Kansas at the earliest feasible time its proposed strategies for enhancing Kansas' potential
comparative economic advantage; and
Be it further resolved: That the Legislature urges that sufficient funding of this
undertaking be the result of matching contributions made by the private sector and the
public sector, including this Legislature in the form of an appropriation to Kansas, Inc. to
be included in the FY 2001 Omnibus Budget Reconciliation Act.
HOUSE CONCURRENT RESOLUTION No. 5060--
By Committee on Appropriations
A CONCURRENT RESOLUTION establishing policy principles
for care of children in Kansas.
WHEREAS, Children are Kansas' most valuable resource; and
WHEREAS, The safety, permanency and well-being of Kansas children is in the best
interests of the children and of the state; and
WHEREAS, Children deserve to be reared in the safety and security of their family of
origin; and
WHEREAS, Children and their families deserve to be treated with respect and, consistent
with safety, allowed to preserve the privacy of their persons and belongings; and
WHEREAS, Children and their parents should enjoy freedom from state interference
except when the safety or well-being of the child is threatened or compromised: Now,
therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That it is the right, duty and responsibility of the state to secure for children who
have been abused or neglected the protection of the state within the law and available
resources; and
Be it further resolved: That if and when the intervention of the state is justified, the state
in carrying out its protection responsibilities should be guided by the following policy and
principles:
(a) Children are individuals whose care and safety should be considered in terms of
their unique needs and abilities;
(b) children and their parents have differing abilities to be involved in planning to
resolve the reason for state intervention. Each should be involved in such planning to the
extent of their ability;
(c) planning with the family should be based upon the strengths of the family as well
as their needs and should be culturally sensitive and support a sense of self-worth and
capability;
(d) a child's sense of time is different than for an adult and should be taken into account
in all planning with and for the child;
(e) services should be provided which are best suited to avoid the necessity to separate
a child from the child's family;
(f) if and when the best interests of a child require removal from the care of the child's
family, services should be provided which are best suited to the reunification of the child
with the child's family in the least amount of time consistent with family safety;
(g) if and when the best interests of a child require the removal of the child and one or
more siblings from the care of their family, reasonable efforts should be made to maintain
the children in the same substitute or permanent care unless the best interests of one or
more children indicate otherwise; and
(h) persons providing services or temporary or permanent alternative care to the
children and families should be provided with the knowledge and skills needed to assist the
children and families to achieve the best outcomes possible under their circumstances; and
Be it further resolved: That the secretary of state send an enrolled copy of this resolution
to the Governor of the state of Kansas.
HOUSE CONCURRENT RESOLUTION No. 5061--
By Committee on Appropriations
A CONCURRENT RESOLUTION requesting local boards of education to review truancy
policies and procedures to establish a more uniform statewide policy regarding truancy.
WHEREAS, The Legislature of the state of Kansas has recognized and addressed the
issue of truancy in the past; and
WHEREAS, The Legislature of the state of Kansas and the state social service agencies
have recognized that truancy is an early sign of behavioral and other dysfunctional problems;
and
WHEREAS, The Legislature of the state of Kansas believes that local school boards
within each school district should review each board's truancy policy and procedures in
collaboration with representatives from child protective services of the department of Social
and Rehabilitation Services, the courts and the district or county attorney within the school
district regarding the problem of truancy thereby benefiting both the schools and truant
students by creating a more uniform enforcement of the state's truancy laws: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the local boards of education review their truancy policy and procedures in
collaboration with representatives from child protective services of the department of Social
and Rehabilitation Services, courts and each board's district or county attorney regarding
the handling of truant students; and
Be it further resolved: That after assessing each board's policy regarding the handling
of truant students, the local boards of education within each school district in conjunction
with the department of Social and Rehabilitation Services, courts and district or county
attorney within that school district is directed to develop and establish a more uniform policy
for handling truant students throughout the state of Kansas; and
Be it further resolved: That each local board implement the uniform policy in its district;
and
Be it further resolved: That the Secretary of State be directed to send an enrolled copy
of this resolution to each school district and the Governor of the state of Kansas.
On motion of Rep. Weber, the House adjourned until 11:00 a.m., Thursday, February 3,
2000.