The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 124 members present.
Rep. Spangler was excused on excused absence by the Speaker.
Prayer by guest chaplain, the Rev. Darryl Proffit, St. Margaret's Episcopal Church,
Lawrence, and guest of Rep. Sloan:
Loving God, who has given us this land for our heritage: We ask you that
through your mercy, we may always prove ourselves a people mindful of your
favor, with a willingness to share your love.
Bless our state with honest work, deep learning and civility. Save us from
violence, discord, and confusion; from pride and arrogance, and from selfish
goals. Defend our liberties, and create within all of us a common bond. Fill
those who bear the authority of government in this state the spirit of wisdom
so that there may be justice and peace at home, and empower them to pro-
claim a vision of hope among the people of Kansas that it may be a beacon
of light for this nation.
Finally, in the time of prosperity, fill our hearts with thankfulness, and in
the day of trouble, embolden our spirits with your presence. Amen.
The Pledge of Allegiance was led by Rep. Kirk.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Utilities: HR 6016.
Kansas 2000 Select: HB 3044.
MESSAGES FROM THE GOVERNOR HB 2781, 2826 approved on March 20, 2000.
MESSAGE FROM THE SENATE
The Senate accedes to the request of the House for a conference on HB 2659 and has
appointed Senators Corbin, Morris and Biggs as conferees on the part of the Senate.
The Senate accedes to the request of the House for a conference on HCR 5059 and has
appointed Senators Salisbury, Ranson and Barone as conferees on the part of the Senate.
CONSENT CALENDAR
Objection was made to SB 443 appearing on the Consent Calendar; the bill was placed
on the calendar under the heading of General Orders.
No objection was made to SB 24 appearing on the Consent Calendar for the first day.
No objection was made to SB 426, 427, 528, 640; SCR 1632 appearing on the Consent
Calendar for the second day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 3026, An act concerning agriculture; relating to inspection fees; funding for plant
pest activities; amending K.S.A. 2-2911 and K.S.A. 1999 Supp. 2-1012 and 2-1205 and
repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
SB 473, An act concerning crimes, criminal procedure and punishment; relating to ag-
gravated escape from custody; amending K.S.A. 1999 Supp. 21-3810 and repealing the
existing section, was considered on final action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
SB 512, An act concerning controlled substances; amending K.S.A. 65-4109 and K.S.A.
1999 Supp. 21-3445, 65-4107, 65-4111, 65-4162 and 65-4163 and repealing the existing
sections; also repealing K.S.A. 1999 Supp. 65-4111a, was considered on final action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
SB 521, An act relating to economic development; concerning enterprise zones and ac-
tivities which may be undertaken therein; amending K.S.A.1999 Supp. 74-50,115, 74-8902,
74-8904, 74-8905, 74-8930 and 79-252a and repealing the existing sections; also repealing
K.S.A. 1999 Supp. 74-8921, 74-8922, 74-8923, 74-8925, 74-8926, 74-8927, 74-8928 and 74-
8929, was considered on final action.
On roll call, the vote was: Yeas 55; Nays 69; Present but not voting: 0; Absent or not
voting: 1.
Mr. Speaker: While I support the base bill, I vote no on SB 521 because the Oz amend-
ment jeopardizes the eventual environmental clean-up of the Sunflower Munitions Plant.
We also meddle in the negotiation process between KDFA and Oz. Negotiations, by nature,
often appear rather ugly and often take a longer period of time than we would like, plus the
facts surrounding these negotiations are not available to us. As a result I am being asked to
make a major decision based on one set of facts without explanation from the other party.
This amendment is a power play in which I refuse to participate.--Deena Horst, Cindy
Hermes, Jerry Aday
SB 574, An act concerning insurance; relating to deceptive practices involving discount
cards, was considered on final action.
On roll call, the vote was: Yeas 122; Nays 2; Present but not voting: 0; Absent or not
voting: 1.
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Lane, the House nonconcurred in Senate amendments to HB 2580
and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Lane, Beggs and Ruff as conferees on
the part of the House.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Reardon in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Reardon, Committee of the Whole report, as follows, was adopted:
Recommended that HB 3005; SB 488, 423 be passed.
Sub. SCR 1634; HCR 5063 be adopted.
Committee report recommending a substitute bill to H. Sub. for SB 568 be adopted;
and the substitute bill be passed.
Committee report to SB 510 be adopted; and the bill be passed as amended.
Committee report to SB 238 be adopted; and the bill be passed as amended.
Committee report recommending a substitute bill to H. Sub. for Sub. for Sub. SB 257
be adopted; also, on motion of Rep. Sloan to amend, Rep. Klein requested a ruling on the
amendment being germane to the bill. The Rules Chair ruled the amendment germane.
The question reverted back to the motion of Rep. Sloan to amend, which did not prevail;
and the substitute bill be passed.
Committee reports to HB 2923 be adopted; and the bill be passed as amended.
Committee report to SB 483 be adopted; and the bill be passed as amended.
Committee report to SB 425 be adopted; and the bill be passed as amended.
Roll call was demanded on motion of Rep. Alldritt to amend SB 529 on page 62, after
line 23, by inserting an additional section as follows:
``Sec. 46. K.S.A. 17-7503 is hereby amended to read as follows: 17-7503. (a) Every do-
mestic corporation organized for profit shall make an annual report in writing to the sec-
retary of state, stating the prescribed information concerning the corporation at the close
of business on the last day of its tax period next preceding the date of filing, but if a cor-
poration's tax period is other than the calendar year, it shall give notice thereof to the
secretary of state prior to December 31 of the year it commences such tax period. The
reports shall be made on forms prescribed by the secretary of state. The report shall be
filed at the time prescribed by law for filing the corporation's annual Kansas income tax
return, except that if any such corporation shall apply for an extension of time for filing its
annual income tax return under the internal revenue service or under subsection (c) of
K.S.A. 79-3221, and amendments thereto, such corporation shall also apply, not more than
90 days after the due date of its annual report, to the secretary of state for an extension of
the time for filing the report and an extension shall be granted for a period of time corre-
sponding to that granted under the internal revenue code or K.S.A. 79-3221, and amend-
ments thereto. Such application shall include a copy of the application to income tax au-
thorities. The report shall contain the following information:
(1) The name of the corporation;
(2) the location of the principal office;
(3) the names of the president, secretary, treasurer and members of the board of direc-
tors, with the residence address of each;
(4) the number of shares of capital stock issued and the amount of capital stock paid up;
(5) the nature and kind of business in which the corporation is engaged; and
(6) a list of stockholders owning at least 5% of the capital stock of the corporation, with
the post office address of each; and
(7) a complete and detailed statement of the assets, liabilities and net worth of the corporation.
(b) Every corporation subject to the provisions of this section which holds agricultural
land, as defined in K.S.A. 17-5903, and amendments thereto, within this state shall show
the following additional information on the report:
(1) The acreage and location listed by section, range, township and county of each lot,
tract or parcel of agricultural land in this state owned or leased by or to the corporation;
(2) the purposes for which such agricultural land is owned or leased and, if leased, to
whom such agricultural land is leased;
(3) the value of the nonagricultural assets and the agricultural assets, stated separately,
owned and controlled by the corporation both within and without the state of Kansas and
where situated;
(4) the total number of stockholders of the corporation;
(5) the number of acres owned or operated by the corporation, the number of acres
leased by the corporation and the number of acres leased to the corporation;
(6) the number of acres of agricultural land, held and reported in each category under
provision (5), state separately, being irrigated; and
(7) whether any of the agricultural land held and reported under this subsection was
acquired after July 1, 1981.
(c) The report shall be signed by its president, secretary, treasurer or other officer duly
authorized so to act, or by any two of its directors, or by an incorporator in the event its
board of directors shall not have been elected. The fact that an individual's name is signed
on such report shall be prima facie evidence that such individual is authorized to sign the
report on behalf of the corporation; however, the official title or position of the individual
signing the report shall be designated. This report will be dated and subscribed by the person
as true, under penalty of perjury. At the time of filing such annual report it shall be the duty
of each domestic corporation organized for profit to pay to the secretary of state an annual
franchise tax in an amount equal to $1 for each $1,000 of the corporation's shareholder's
equity attributable to Kansas, except that no such tax shall be less than $20 or more than
$2,500.'';
And by renumbering the remaining sections accordingly;
Also on page 62, in line 30, by striking ``and'' and inserting a comma; also in line 30, after
``17-7302'', by inserting ``and 17-7503'';
In the title, in line 18, by striking ``and'' the first time it appears and inserting a comma,
also in line 18, after ``17-7302'', by inserting ``and 17-7503;
On roll call, the vote was: Yeas 31; Nays 92; Present but not voting: 0; Absent or not
voting: 2.
The motion of Rep. Alldritt did not prevail; and SB 529 be passed.
Committee report to SB 531 be adopted; and the bill be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Agriculture recommends SB 501, as amended by Senate Committee
of the Whole, be amended on page 1, in line 43, after ``program'' by inserting ``and provides
securities accepted by the pooled money investment board pursuant to article 42 of chapter
75 of the Kansas Statutes Annotated, and amendments thereto'';
On page 4, in lines 5 and 15, after ``thereto'', by inserting ``, and which shall be recalculated
on the first business day of each calendar year using the market rate then in effect''; in line
21, by striking ``(a)'';
On page 5, in line 13, after ``Kansas'' by inserting ``agricultural''; in line 18, by striking
``agricultural or''; also in line 18, after ``distributors'' by inserting ``or retailers''; in line 19,
by striking ``or'' and inserting ``and''; in line 24, by striking ``(c)'' and inserting ``(b)''; in line
39, by striking ``(d)'' and inserting ``(c)''; in line 41, by striking ``(e)'' and inserting ``(d)''; in
line 42, by striking ``(f)'' and inserting ``(e)'';
On page 6, after line 2, by inserting the following:
``(f) The board and the Kansas agricultural remediation fund as provided in section 11,
and amendments thereto, shall be subject to an annual audit by the legislative post audit
committee under the provisions of the Kansas legislative post audit act.'';
On page 7, in line 1, 2, 8 and 10, after ``Kansas'' by inserting ``agricultural''; in line 42, by
striking ``disinfectant'' and inserting ``an antimicrobial pesticide, as defined by 7 U.S.C.
§ 136(mm)'';
On page 13, in lines 12 and 24, after ``thereto'' by inserting ``, and which shall be recal-
culated on the first business day of each calendar year using the market rate then in effect'';
and the bill be passed as amended.
The Committee on Agriculture recommends SCR 1626 be amended on page 1, in line
23, after ``sanctions'' by inserting ``, except in the case of armed conflict''; and the concurrent
resolution be adopted as amended.
The Committee on Appropriations recommends HB 2996; SB 100 be passed.
The Committee on Federal and State Affairs recommends HB 2564 be amended on
page 1, in line 15, following ``those'' by inserting ``safety''; also in line 15, following ``prac-
tices'' by inserting ``adopted, pursuant to rules and regulations, by the Kansas department
of wildlife and parks and''; in line 35, following ``ordinances'' by inserting ``or resolutions'';
in line 43, following ``ordinances'' by inserting ``or resolutions'';
On page 2, in line 17, following ``ordinance'' by inserting ``or resolution''; in line 19,
following ``ordinance'' by inserting ``or resolution''; in line 20, following ``ordinance'' by
inserting ``or resolution''; in line 23, following ``ordinance'' by inserting ``or resolution'';
On page 3, following line 10, by inserting a new section as follows:
``Sec. 5. The secretary of the Kansas department of wildlife and parks is hereby au-
thorized to adopt rules and regulations necessary to implement the provisions of this act.
Rules and regulations establishing generally accepted operation practices shall be adopted
and be in effect on or before January 1, 2001.'';
By renumbering section 5 as section 6; and the bill be passed as amended.
The Committee on Financial Institutions recommends SB 549 be passed, because the
committee is of the opinion that the bill is of a noncontroversial nature, be placed on the
consent calendar.
The Committee on Governmental Organization and Elections recommends HB 2534 be amended on page 1, by striking all after line 17;
By striking all on pages 2 through 19;
On page 20, by striking all in lines 1 through 28; following line 28, by inserting:
``Section 1. (a) As used in this section:
(1) ``County'' means any county.
(2) ``Computer software'' means and includes any program or routine, or any set of one
or more programs or routines, which are used or intended for use to cause one or more
computers or pieces of computer related peripheral equipment, or any combination thereof,
to perform a task or set of tasks. ``Computer software'' also includes operating and appli-
cation programs and all related documentation.
(b) Any county which develops or owns software may:
(1) Sell, lease, license, market or otherwise distribute such computer software for com-
mercial or noncommercial use to any public entity whether directly or through a distributor;
(2) obtain and hold copyrights or trademarks for such computer software and may en-
force its rights pertaining to such copyrights and trademarks; and
(3) adopt a licensing fee, royalty or price structure for computer software based on any
factors the municipality considers relevant, including but not limited to:
(A) The costs of creating, developing, reproducing and delivering the computer
software;
(B) the costs of obtaining and holding a copyright or trademark for such computer
software;
(C) the costs of overhead and labor; and
(D) the fair market value of the computer software.
(c) No software shall be developed, until data or information subject to the open records
act, which no longer may be accessible through such software unless provision is made for
the continued public access to such data or information.
(d) Nothing in this section shall be construed as limiting the duty of the county to comply
with the requirements of the open records act.
(e) Nothing in this section shall be construed to create an implied warranty against
errors, omissions or other defects in any computer software developed by a county.'';
By renumbering sections accordingly;
In the title, by striking all in lines 9 through 15 and inserting:
``AN ACT concerning counties; relating to the powers and duties of the board of county
commissioners.''; and the bill be passed as amended.
The Committee on Governmental Organization and Elections recommends SB 462,
as amended by Senate Committee, be amended on page 1, by striking all in lines 42 and
43;
On page 2, by striking all in line 1; following line 1, by inserting:
``Sec. 2. K.S.A. 1999 Supp. 25-4143 is hereby amended to read as follows: 25-4143. As
used in the campaign finance act, unless the context otherwise requires:
(a) ``Candidate'' means an individual who: (1) Appoints a treasurer or a candidate
committee;
(2) makes a public announcement of intention to seek nomination or election to state
or local office;
(3) makes any expenditure or accepts any contribution for such person's nomination or
election to any state or local office; or
(4) files a declaration or petition to become a candidate for state or local office.
(b) ``Candidate committee'' means a committee appointed by a candidate to receive
contributions and make expenditures for the candidate.
(c) ``Clearly identified candidate'' means a candidate who has been identified by the:
(1) Use of the name of the candidate;
(2) use of a photograph or drawing of the candidate; or
(3) unambiguous reference to the candidate whether or not the name, photograph or
drawing of such candidate is used.
(d) ``Commission'' means the governmental ethics commission.
(e) (1) ``Contribution'' means:
(A) Any advance, conveyance, deposit, distribution, gift, loan or payment of money or
any other thing of value given to a candidate, candidate committee, party committee or
political committee for the express purpose of nominating, electing or defeating a clearly
identified candidate for a state or local office.
(B) Any advance, conveyance, deposit, distribution, gift, loan or payment of money or
any other thing of value made to expressly advocate the nomination, election or defeat of a
clearly identified candidate for a state or local office;
(C) a transfer of funds between any two or more candidate committees, party commit-
tees or political committees;
(D) the payment, by any person other than a candidate, candidate committee, party
committee or political committee, of compensation to an individual for the personal services
rendered without charge to or for a candidate's campaign or to or for any such committee;
(E) the purchase of tickets or admissions to, or advertisements in journals or programs
for, testimonial events;
(F) a mailing of materials designed to expressly advocate the nomination, election or
defeat of a clearly identified candidate, which is made and paid for by a party committee
with the consent of such candidate.
(2) ``Contribution'' does not include:
(A) The value of volunteer services provided without compensation;
(B) costs to a volunteer related to the rendering of volunteer services not exceeding a
fair market value of $50 during an allocable election period as provided in K.S.A. 25-4149,
and amendments thereto;
(C) payment by a candidate or candidate's spouse for personal meals, lodging and travel
by personal automobile of the candidate or candidate's spouse while campaigning;
(D) the value of goods donated to events such as testimonial events, bake sales, garage
sales and auctions by any person not exceeding a fair market value of $50 per event.
(f) ``Election'' means:
(1) A primary or general election for state or local office; and
(2) a convention or caucus of a political party held to nominate a candidate for state or
local office.
(g) (1) ``Expenditure'' means:
(A) Any purchase, payment, distribution, loan, advance, deposit or gift of money or any
other thing of value made by a candidate, candidate committee, party committee or political
committee for the express purpose of nominating, electing or defeating a clearly identified
candidate for a state or local office.
(B) Any purchase, payment, distribution, loan, advance, deposit or gift of money or any
other thing of value made to expressly advocate the nomination, election or defeat of a
clearly identified candidate for a state or local office;
(C) any contract to make an expenditure;
(D) a transfer of funds between any two or more candidate committees, party commit-
tees or political committees; or
(E) payment of a candidate's filing fees.
(2) ``Expenditure'' does not include:
(A) The value of volunteer services provided without compensation;
(B) costs to a volunteer incidental to the rendering of volunteer services not exceeding
a fair market value of $50 during an allocable election period as provided in K.S.A. 25-4149,
and amendments thereto;
(C) payment by a candidate or candidate's spouse for personal meals, lodging and travel
by personal automobile of the candidate or candidate's spouse while campaigning or pay-
ment of such costs by the treasurer of a candidate or candidate committee;
(D) the value of goods donated to events such as testimonial events, bake sales, garage
sales and auctions by any person not exceeding fair market value of $50 per event; or
(E) any communication by an incumbent elected state or local officer with one or more
individuals unless the primary purpose thereof is to expressly advocate the nomination,
election or defeat of a clearly identified candidate.
(h) ``Expressly advocate the nomination, election or defeat of a clearly identified can-
didate'' means any communication which uses phrases including, but not limited to:
(A)(1) ``Vote for the secretary of state'';
(B)(2) ``re-elect your senator'';
(C)(3) ``support the democratic nominee'';
(D)(4) ``cast your ballot for the republican challenger for governor'';
(E)(5) ``Smith for senate'';
(F)(6) ``Bob Jones in '98'';
(G)(7) ``vote against Old Hickory'';
(H)(8) ``defeat'' accompanied by a picture of one or more candidates; or
(I)(9) ``Smith's the one.''
(i) ``Party committee'' means:
(1) The state committee of a political party regulated by article 3 of chapter 25 of the
Kansas Statutes Annotated;
(2) the county central committee or the state committee of a political party regulated
under article 38 of chapter 25 of the Kansas Statutes Annotated;
(3) the bona fide national organization or committee of those political parties regulated
by the Kansas Statutes Annotated;
(4) not more than one political committee established by the state committee of any
such political party and designated as a recognized political committee for the senate; or
(5) not more than one political committee established by the state committee of any
such political party and designated as a recognized political committee for the house of
representatives.
(j) ``Person'' means any individual, committee, corporation, partnership, trust, organi-
zation or association.
(k) (1) ``Political committee'' means any combination of two or more individuals or any
person other than an individual, a major purpose of which is to expressly advocate the
nomination, election or defeat of a clearly identified candidate for state or local office or
make contributions to or expenditures for the nomination, election or defeat of a clearly
identified candidate for state or local office.
(2) ``Political committee'' shall not include a candidate committee or a party committee.
(l) ``Receipt'' means a contribution or any other money or thing of value, but not in-
cluding volunteer services provided without compensation, received by a treasurer in the
treasurer's official capacity.
(m) ``State office'' means any state office as defined in K.S.A. 25-2505, and amendments
thereto.
(n) ``Testimonial event'' means an event held for the benefit of an individual who is a
candidate to raise contributions for such candidate's campaign. Testimonial events include
but are not limited to dinners, luncheons, rallies, barbecues and picnics.
(o) ``Treasurer' '' means a treasurer of a candidate or of a candidate committee, a party
committee or a political committee appointed under the campaign finance act or a treasurer
of a combination of individuals or a person other than an individual which is subject to
paragraph (2) of subsection (a) of K.S.A. 25-4172, and amendments thereto.
(p) ``Local office'' means a member of the governing body of a city of the first class, any
elected office of a unified school district having 35,000 or more pupils regularly enrolled in
the preceding school year, a county or of the board of public utilities.
Sec. 3. K.S.A. 1999 Supp. 46-237a is hereby amended to read as follows: 46-237a. (a)
The provisions of this section shall apply to:
(1) The governor;
(2) the lieutenant governor;
(3) the governor's spouse;
(4) all classified employees in the civil service of the state of Kansas;
(5) all unclassified employees in the executive branch of state government whose com- pensation is subject to approval by the governor pursuant to K.S.A. 75-2935b, and amend- ments thereto; and
(4) all officers and employees of the executive branch of state government; and
(6)(5) all members of boards, commissions and authorities of the executive branch of
state government.
(b) No person subject to the provisions of this section shall solicit or accept any gift,
economic opportunity, loan, gratuity, special discount or service provided because of such
person's official position, except:
(1) A gift having an aggregate value of less than $40 given at a ceremony or public
function where the person is accepting the gift in such person's official capacity; or
(2) gifts from relatives or gifts from personal friends when it is obvious to the person
that the gift is not being given because of the person's official position; or
(3) anything of value received by the person on behalf of the state that inures to the
benefit of the state or that becomes the property of the state; or
(4) contributions solicited on behalf of a nonprofit organization which is exempt from
taxation under paragraph (3) of subsection (c) of section 501 of the internal revenue code
of 1986, as amended.
(c) No person subject to the provisions of this section shall solicit or accept free or
special discount meals from a source outside of state government, except:
(1) Meals, the provision of which is motivated by a personal or family relationship or
provided at events that are widely attended. An occasion is ``widely attended'' when it is
obvious to the person accepting the meal that the reason for providing the meal is not a
pretext for exclusive or nearly exclusive access to the person;
(2) meals provided at public events in which the person is attending in an official
capacity;
(3) meals provided to a person subject to this act when it is obvious such meals are not
being provided because of the person's official position; and
(4) food such as soft drinks, coffee or snack foods not offered as part of a meal.
(d) No person subject to the provisions of this section shall solicit or accept free or
special discount travel or related expenses from a source outside state government, except:
(1) When it is obvious to the person accepting the same that the free or special discount
travel and related expenses are not being provided because of the person's official position;
or
(2) when the person's presence at a meeting, seminar or event serves a legitimate state
purpose or interest and the person's agency authorizes or would authorize payment for such
travel and expenses.
(e) No person subject to the provisions of this section shall solicit or accept free or
special discount tickets or access to entertainment or sporting events or activities such as
plays, concerts, games, golf, exclusive swimming, hunting or fishing or other recreational
activities when the free or special discount tickets or access are provided because of the
person's official position. The provisions of this subsection shall not apply to persons whose
official position requires or obliges them to be present at such events or activities.
(f) (1) Violations of the provisions of this section by any classified employee in the civil
service of the state of Kansas shall be considered personal conduct detrimental to the state
service and shall be a basis for suspension, demotion or dismissal, subject to applicable state
law.
(2) Violations of the provisions of this section by any unclassified employee whose com- pensation is subject to be approved by the governor pursuant to K.S.A. 75-2935b, and amendments thereto, shall subject such employee to discipline up to and including
termination.
(3) In addition to the penalty prescribed under paragraphs (1) and (2), the commission on governmental standards and conduct may assess a civil fine, after proper notice and an
opportunity to be heard, against any person for a violation of this section, in an amount not
to exceed $5,000 for the first violation, not to exceed $10,000 for the second violation and
not to exceed $15,000 for the third violation and for each subsequent violation. All fines
assessed and collected under this section shall be remitted to the state treasurer. Upon
receipt thereof, the state treasurer shall deposit the entire amount in the state treasury and
credit it to the Kansas commission on governmental standards and conduct fee fundgov- ernmental ethics fee fund established by K.S.A. 25-4119e, and amendments thereto.
Sec. 4. K.S.A. 1999 Supp. 46-269 is hereby amended to read as follows: 46-269. Each
report under K.S.A. 46-268, and amendments thereto, shall disclose the following:
(a) The full name and address of each person who has paid compensation for lobbying
to the lobbyist or has paid for expenses of lobbying by the lobbyist during the period
reported.
(b) The aggregate amount or value of all expenditures made, except for expenses of
general office overhead, by the lobbyist or by the lobbyist's employer for or in direct relation
to lobbying during the reporting period, if such expenditures exceed $100. Individual ex-
penditures of less than $2 shall not be required to be reported under this subsection. Every
lobbyist shall keep detailed accounts of all expenditures required to be reported pursuant
to K.S.A. 46-268, and amendments thereto. Such expenditures shall be reported according
to the following categories of expenditures:
(1) Food and beverages provided as hospitality;
(2) entertainment, gifts, honoraria or payments;
(3) mass media communications;
(4) recreation provided as hospitality;
(5) communications for the purpose of influencing legislative or executive action; and
(6) all other reportable expenditures made in the performance of services as a lobbyist.
With regard to expenditures for entertainment or hospitality which is primarily recreation,
food and beverages, only amounts expended on a state officer or employee or on such officer
or employee's spouse shall be considered to be for or in direct relation to lobbying. Not-
withstanding the requirements of this subsection and subsection (c), no lobbyist shall be
responsible to report any expenditure by the lobbyist's employer of which such person has
no knowledge.
(c) (1) In addition to the information reported pursuant to subsection (b), each lobbyist expending an aggregate amount of $100 or more for lobbying in any reporting period shall report any gift, entertainment or hospitality provided to members of the legislature, members of the judicial branch of government and any employees of the legislature or judicial branch of government. Such report shall disclose the full name of the legislator, member of the judicial branch and employee who received such gift, entertainment or hospitality and the amount expended on such gift, entertainment or hospitality.
(2) No report shall be required to be filed pursuant to this subsection (c) for the following:
(A) Meals, the provision of which is motivated by a personal or family relationship or provided at an event where all members of the legislature or all members of the house of representatives or senate have been invited to attend;
(B) meals provided at public events in which the person is attending in an official capacity;
(C) meals provided to a person subject to this section when it is obvious such meals are not being provided because of the person's official position; and
(D) food such as soft drinks, coffee or snack foods not offered as part of a meal.
(c)(d)WheneverExcept as provided by subsection (c), whenever an individual lobbyist
contributes to a single special event, such lobbyist shall report only the aggregate amount
or value of the expenditure contributed by such lobbyist.
(d)(e) Whenever more than one lobbyist is employed by a single employer, the reports
required by this section relating to such employer shall be made by only one such lobbyist
and that lobbyist shall be the lobbyist who is most directly connected with the particular
expenditure or gift, honoraria or payment. No expenditure or gift, honoraria or payment
required to be reported by this section shall be reported by more than one lobbyist.
(e)(f) All accounts, records and documents of the lobbyist which relate to every ex-
penditure reported or which should have been reported shall be maintained and preserved
by the lobbyist for a period of five years from the date of the filing of such report or statement
and may be inspected under conditions determined by the commission.
Sec. 5. K.S.A. 1999 Supp. 46-237 is hereby amended to read as follows: 46-237. (a) Except as provided by this section, no state officer or employee, candidate for state office
or state officer elect shall accept, or agree to accept any (1) economic opportunity, gift, loan,
gratuity, special discount, favor, hospitality, or service having an aggregate value of $40 or
more in any calendar year or (2) hospitality in the form of recreation having an aggregate value of $100 or more in any calendar year from any one person known to have a special
interest, under circumstances where such person knows or should know that a major purpose
of the donor is to influence such person in the performance of their official duties or pro-
spective official duties.
(b) Except as provided by this section, no person with a special interest shall offer, pay,
give or make any (1) economic opportunity, gift, loan, gratuity, special discount, favor,
hospitality or service having an aggregate value of $40 or more in any calendar year or (2) hospitality in the form of recreation having an aggregate value of $100 or more in any calendar year to any state officer or employee, candidate for state office or state officer
elect with a major purpose of influencing such officer or employee, candidate for state office
or state officer elect in the performance of official duties or prospective official duties.
(c) No person licensed, inspected or regulated by a state agency shall offer, pay, give
or make any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality,
or service having an aggregate value of $40 or more in any calendar year to such agency or
any state officer or employee, candidate for state office or state officer elect of that agency.
(d) Hospitality in the form of recreation, food and beverages is presumed not to be
given to influence a state officer or employee, candidate for state office or state officer elect
in the performance of official duties or prospective official duties, except when a particular
course of official action is to be followed as a condition thereon. For the purposes of this subsection, the term recreation shall not include the providing or the payment of the cost of transportation or lodging.
(e) Except when a particular course of official action is to be followed as a condition
thereon, this section shall not apply to: (1) Any contribution reported in compliance with
the campaign finance act; or (2) a commercially reasonable loan or other commercial trans-
action in the ordinary course of business.
(f) No state officer or employee shall accept any payment of honoraria for any speaking
engagement except that a member of the state legislature or a part-time officer or employee
of the executive branch of government shall be allowed to receive reimbursement in the
preparation for and the making of a presentation at a speaking engagement in an amount
fixed by the commission prior to the acceptance of the speaking engagement. Nothing in
this section shall be construed to prohibit the reimbursement of state officers and employees
for reasonable expenses incurred in attending seminars, conferences and other speaking
engagements.
(g) The provisions of this section shall not be applicable to or prohibit the acceptance
of gifts from governmental agencies of foreign nations except that any gift accepted from
such foreign governmental agency, having an aggregate value of $100 or more, shall be
accepted on behalf of the state of Kansas.
(h) No legislator shall solicit any contribution to be made to any organization for the
purpose of paying for travel, subsistence and other expenses incurred by such legislator or
other members of the legislature in attending and participating in meetings, programs and
activities of such organization or those conducted or sponsored by such organization, but
nothing in this act or the act of which this act is amendatory shall be construed to prohibit
any legislator from accepting reimbursement for actual expenses for travel, subsistence,
hospitality, entertainment and other expenses incurred in attending and participating in
meetings, programs and activities sponsored by the government of any foreign nation, or
any organization organized under the laws of such foreign nation or any international or-
ganization or any national, nonprofit, nonpartisan organization established for the purpose
of serving, informing, educating and strengthening state legislatures in all states of the na-
tion, when paid from funds of such organization and nothing shall be construed to limit or
prohibit the expenditure of funds of and by any such organization for such purposes.'';
By renumbering sections accordingly;
Also on page 2, in line 2, by striking ``25-4153a is'' and inserting ``25-4143, 25-4153a, 46-
237, 46-237a and 46-269 are'';
In the title, by striking all in lines 10 and 11 and inserting:
``AN ACT concerning governmental ethics and elections; amending K.S.A. 1999 Supp. 25-
4143, 25-4153a, 46-237, 46-237a and 46-269 and repealing the existing sections.''; and the
bill be passed as amended.
The Committee on Health and Human Services recommends Substitute for SB 554
be passed.
The Committee on Health and Human Services recommends SB 513, as amended by
Senate Committee, be amended on page 2, in line 8, before the period, by inserting: ``and
so long as the requirements of section 2 and amendments thereto are complied with''; after
line 24, by inserting the following:
``New Sec. 2. The behavioral sciences regulatory board shall develop a brochure con-
taining information about infection control techniques which are appropriate for hair braid-
ing outside the salon setting. This brochure shall be made available through the board's
website or by mail, upon request, for a fee to cover the board's printing costs. The brochure
shall contain a self-test with questions on the information contained in the brochure. For
an individual engaged in hair braiding to be exempt from the practice of cosmetology under
K.S.A. 65-1901 and amendments thereto, such individual shall complete the self-test part
of the brochure and keep the brochure and completed self-test available at the location at
which the individual is braiding hair.
Sec. 3. K.S.A. 1999 Supp. 65-1904a is hereby amended to read as follows: 65-1904a.
Any licensed cosmetologist, esthetician, electrologist, manicurist, or person desiring to es-
tablish a salon or clinic shall make application, on a form provided, to the Kansas state board
of cosmetology, accompanied by the new salon or clinic license fee established under K.S.A.
65-1904 and amendments thereto. Upon filing of the application, the board shall inspect
the equipment as to safety and sanitary condition of the premises and if the equipment and
premises are found to comply with the rules and regulations of the secretary of health and
environment and the rules and regulations of the Kansas state board of cosmetology, the
board shall issue a new salon or clinic license. Nothing herein contained shall be construed
as preventing any licensed person from practicing cosmetology or electrology in a licensed cosmetologist's private home or residence if the home or residence complies with rules and
regulations of the secretary and the state board. A licensed cosmetologist may make appli- cation as provided in this section to provide cosmetology services in a place other than the licensed salon or clinic or a private home or residence of the licensed cosmetologist. The application shall be accompanied by a $15 application fee. Excluding services provided by a licensed cosmetologist in a health care facility, hospital or nursing home or in the residence of a person requiring home care arising from physical or mental disabilities, in order to provide such services, such licensed cosmetologist shall be employed in a salon or clinic or in the licensed cosmetologist's private home or residence for at least 51% of the total hours per week employed; and shall attest by affidavit that such cosmetology services shall be provided only in the residence or office of the person receiving services. Licensed salons and
clinics may be reinspected in accordance with a schedule determined by the board by rules
and regulations or upon a complaint made to the board that such salon or clinic is not being
maintained in compliance with rules and regulations of the board. The license shall expire
on June 30 following its issuance. Any such license may be renewed upon application ac-
companied by the salon or clinic license renewal fee made to the board before July 1 of the
year in which the license expires. Any license may be renewed by the applicant within 60
days after the date of expiration of the last license upon payment of a delinquent renewal
fee.'';
And by renumbering sections accordingly;
Also on page 2, in line 25, by striking ``is'' and inserting ``and 65-1904a are'';
In the title, in line 11, after ``65-1901'' by inserting ``and 65-1904a''; in line 12, by striking
``section'' and inserting ``sections''; and the bill be passed as amended.
The Committee on Health and Human Services recommends SB 555 be amended on
page 2, in line 8, by striking ``and 65-6805 are'' and inserting ``is'';
In the title, in line 11, by striking all after ``section''; in line 12, by striking all before the
period; and the bill be passed as amended.
The Committee on Health and Human Services recommends Substitute for SB 599,
as amended by Senate Committee of the Whole, be amended on page 1, in line 20, by
striking ``11'' and inserting ``12'';
On page 6, in line 10, by striking ``on June''; in line 11, by striking ``30, 2000,'' and inserting
``immediately prior to the effective date of this act''; in line 14, by striking ``July 1, 2000''
and inserting ``February 1, 2001'';
On page 8, in line 13, by striking the period and inserting a semicolon; after line 13, by
inserting:
``(v) the board determines, after notice and opportunity to be heard, in accordance with
the provisions of the Kansas administrative procedure act, that a physician assistant has
assisted suicide in violation of K.S.A. 21-3406 and amendments thereto as established by
any of the following:
(1) A copy of the record of criminal conviction or plea of guilty for a felony in violation
of K.S.A. 21-3406 and amendments thereto.
(2) A copy of the record of a judgment of contempt of court for violating an injunction
issued under K.S.A. 1999 Supp. 60-4404 and amendments thereto.
(3) A copy of the record of a judgment assessing damages under K.S.A. 1999 Supp. 60-
4405 and amendments thereto.'';
On page 11, in line 21, by striking all after ``(c)''; by striking all in lines 22 through 26 and
inserting the following: ``A physician assistant shall not perform professional services unless
the name, address and signature of each supervising physician have been provided to the
board. A responsible physician shall notify the board when supervision and direction of the
physician assistant has terminated. The board shall provide forms for identifying each su-
pervising physician and for giving notice that direction and supervision has terminated.
These forms may direct that additional information be provided, including a copy of any
protocols, as required by rules and regulations adopted by the board.'';
On page 12, by striking all in lines 21 through 43;
By striking all of page 13;
On page 14, by striking all in lines 1 through 5 and inserting in lieu thereof the following:
``New Sec. 14. (a) All administrative proceedings to revoke, suspend, limit or deny a
license, or to censure a licensee, shall be conducted in accordance with the provisions of
the Kansas administrative procedure act.
(b) When it appears to the board that any person is violating any of the provisions of
this act, the board may bring an action in the name of the state of Kansas in a court of
competent jurisdiction for an injunction against such violation without regard to whether
proceedings have been or may be instituted before the board or whether criminal proceed-
ings have been or may be instituted.'';
And by renumbering sections accordingly;
On page 42, in line 17, by striking ``17-2707, 17-2710,''; in line 20, after ``after'' by inserting
``February 1, 2001, and'';
On page 1, in the title, in line 12, by striking ``17-2707, 17-2710,''; and the substitute bill
be passed as amended.
The Committee on Local Government recommends HB 2864 be amended by substi-
tuting a new bill to be designated as ``Substitute for HOUSE BILL No. 2864,'' as follows:
``Substitute for HOUSE BILL No. 2864
By Committee on Local Government
``AN ACT concerning the open records act; concerning the open meetings act; establishing
the position of public information officer; prescribing the powers and duties thereof;
amending K.S.A. 45-215, 45-218, 45-220, 45-222, 45-223, 75-4317a, 75-4318, 75-4320
and 75-4320a and K.S.A. 1999 Supp. 45-217, 45-219, 45-221, 75-4317 and 75-4319 and
repealing the existing sections.'';
and the substitute bill be passed.
(Sub. HB 2864 was thereupon introduced and ready by title.)
The Committee on Taxation recommends SCR 1629 be adopted.
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 concurrent resolution was thereupon introduced and read by title:
HOUSE CONCURRENT RESOLUTION No. 5076--
By Committee on Appropriations
A CONCURRENT RESOLUTION memorializing the Congress of the United States to
expeditiously reauthorize the Ryan White Comprehensive AIDS Resources Emergency
(CARE) Act in order to ensure that the expanding medical care and support services
needs of individuals living with HIV disease are met.
WHEREAS, The State of Kansas created an HIV/AIDS Section within the Department
of Health and Environment to proactively address issues relating to HIV/AIDS, and which
office now directly administers the expenditure of Federal and State funds to combat the
disease; and
WHEREAS, It is estimated by the Kansas HIV/AIDS Surveillance and Centers for Dis-
ease Control and Prevention that more than 3,000 residents of Kansas are currently living
with HIV disease and it is estimated that approximately 1/3 of Kansans with HIV disease are
unaware of their diagnosis, and hundreds of individuals know that they are HIV-positive but
are not receiving care regularly; and
WHEREAS, Due to advancements in increasingly expensive pharmaceutical therapies
and an increasing focus on early intervention and treatment, the number of individuals living
with HIV disease has grown significantly; the progression from HIV to an AIDS diagnosis
for many has slowed considerably as a result of these therapies and the reduction in the
number of deaths from HIV disease have declined dramatically; and
WHEREAS, It is estimated by the Centers for Disease Control and Prevention that there
are 40,000 new HIV infections in the United States each year; and
WHEREAS, HIV/AIDS in Kansas disproportionately impacts communities of color, gay
and bisexual men and women, as well as economically-depressed and other underserved
communities; and
WHEREAS, Kansas looks to the Federal Government to assist the State in meeting the
expanding health care and social services needs of people living with HIV disease; and
WHEREAS, The Ryan White Comprehensive AIDS Resources Emergency (CARE) Act
was first adopted by Congress in 1990; and
WHEREAS, The Ryan White CARE Act expires on September 30, 2000; and
WHEREAS, Since its inception, the Ryan White CARE Act has ensured the delivery of
vital medical care and treatment and essential support services to thousands of people,
including medical examinations, laboratory procedures and evaluations, pharmaceuticals,
dental care, case management, transportation, housing, legal assistance, benefits education
and assistance, treatment education and adherence, and mental health counseling; and
WHEREAS, Under Federal law, the Ryan White CARE Act is designated as the provider
of last resort; therefore, it is recognized as the critical safety net program for low-income
uninsured or underinsured individuals; and
WHEREAS, Funding under Title II of the Ryan White CARE Act pays for care, treat-
ment and social services; and
WHEREAS, Over 70% of this funding pays for life-extending and life-saving pharma-
ceuticals under Kansas's AIDS Drug Assistance Program (ADAP); and
WHEREAS, Title III of the Ryan White CARE Act provides funding to public and
private nonprofit entities in Kansas for outpatient early intervention and primary care serv-
ices: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein:
That the Kansas Legislature hereby affirms its support of the Ryan White CARE Act,
and urges the Congress of the United States to expeditiously reauthorize and adequately
fund the Act in order to ensure that the expanding medical care and support services needs
of individuals living with HIV disease are met;
That the Kansas Legislature hereby urges that Congress as it reauthorizes the act and
establishes the formulas for allocation of funding ensures that states with large rural areas
and with lower morbidity are not forgotten and are provided with adequate funding as the
provision of care in these areas is more difficult and often more expensive per capita than
urban and suburban areas;
That the Kansas Legislature hereby urges Congress to take note of pharmaceutical costs
which have increased at rates in excess of 10% per year and continue to have a dramatic
impact on the Ryan White Care Act and other programs, and explores ways to reduce the
impact of this issue on health care costs; and
Be it further resolved: That the Secretary of State be directed to transmit a copy of this
resolution to the President and Vice President of the United States, the Senate Majority
and Minority Leaders, the Speaker of the House of Representatives and the House Minority
Leader, the Chairpersons and Ranking Minority Members of the Senate Health, Education,
Labor and Pensions, Appropriations, and Budget Committees, and to the Chairpersons and
Ranking Minority Members of the House Commerce, Appropriations, and Budget Com-
mittees, and to each Senator and Representative from Kansas in the Congress of the United
States.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
The following resolution was introduced and read by title:
HOUSE RESOLUTION no. 6017--
By Representatives Burroughs, Cox, Haley, Henderson, M. Long,
Reardon, Rehorn, Spangler and Sharp
A RESOLUTION in support of General Motors' Fairfax
automobile assembly plant.
WHEREAS, Kansas is a business friendly state; and
WHEREAS, The General Motors Fairfax plant has enjoyed excellent labor-management
relations; and
WHEREAS, Kansas is a relatively low tax state thereby furthering economic develop-
ment within the state; and
WHEREAS, Kansas is fortuitously located in the center of our nation and at the center
of an outstanding railroad, highway and air distribution network; and
WHEREAS, The General Motors corporation has a large automobile manufacturing fa-
cility in Wyandotte county known as the Fairfax plant, which plant is the second newest
plant in the General Motors system and is of modern and energy efficient design; and
WHEREAS, This plant provides 3,000 of the best paying jobs in Kansas; and
WHEREAS, The General Motors Corporation has announced its plan to renovate the
facility and to purchase new machine tools as it changes from production of Oldsmobile
Intrigue and Pontiac Grand Prix automobiles to a vehicle which is a product of the Epsilon
project: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas: That we encourage
the retooling of the Fairfax plant and hope the successful partnership between the state of
Kansas and the General Motors Corporation can be continued resulting in ongoing quality
production at the Fairfax plant; and
Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to send an enrolled copy of this resolution to the President of the General Motors Corpo-
ration, 100 Renaissance Center, Detroit, Michigan 48265-1000.
REPORT ON ENGROSSED BILLS HB 2622, 2854 reported correctly engrossed March 20, 2000.
REPORT ON ENROLLED BILLS HB 2675, 2817 reported correctly enrolled, properly signed and presented to the gov-
ernor on March 21, 2000.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Wednesday, March
22, 2000.