March 22, 2000

Journal of the House

FIFTY-FIRST DAY
______
Hall of the House of Represenatitives
Topeka, KS, Wednesday, March 22, 2000, 11:00 a.m.
 The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

 The roll was called with 124 members present.

 Rep. Johnston was excused on excused absence by the Speaker.

     Prayer by Chaplain Svoboda:

                Gracious God,

              You can give us the strength
              to stand up for what is right,
              to love those that are difficult to love,
              and to do the work before us today.
              Give us such an awareness
              of your love and strength
              that our lives may better the world around us.
            We ask these things in your name.

            Amen.

 The Pledge of Allegiance was led by Rep. Mollenkamp.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills and resolutions were referred to committees as indicated:

   Appropriations: HCR 5076.

 Committee of the Whole: HR 6017.

CHANGE OF REFERENCE
 Speaker pro tem Mays announced the withdrawal of HB 3024 from Committee on In-
surance and referral to Committee on Appropriations.

MESSAGES FROM THE GOVERNOR
 Sub. HB 2322; Sub. HB 2642; HB 2655 approved on March 21, 2000.

 Also, HB 2672, 2673, 2677, 2691 approved on March 22, 2000.

MESSAGE FROM THE SENATE
 The Senate nonconcurs in House amendments to SB 412, requests a conference and has
appointed Senators Steffes, Praeger and Feleciano as conferees on the part of the Senate.

 The Senate nonconcurs in House amendments to SB 470, requests a conference and has
appointed Senators Emert, Pugh and Goodwin as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on S. Sub. for HB
2476 and has appointed Senators Kerr, Lawrence and Petty as conferees on the part of the
Senate.

 The Senate accedes to the request of the House for a conference on HB 2580 and has
appointed Senators Salisbury, Ranson and Barone as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2810 and has
appointed Senators Lawrence, Langworthy and Downey as conferees on the part of the
Senate.

INTRODUCTION OF ORIGINAL MOTIONS
 On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 412.

 Speaker pro tem Mays thereupon appointed Reps. Cox, Humerickhouse and Burroughs
as conferees on the part of the House.

 On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 470.

 Speaker pro tem Mays thereupon appointed Reps. O'Neal, Carmody and Pauls as con-
ferees on the part of the House.

INTRODUCTION OF ORIGINAL MOTIONS
 In accordance with subsection (b) of House Rule 1309, Rep. McKinney moved that HB
3022 be withdrawn from Committee on Insurance and be placed on the calendar as the
first order of business under the order of business General Orders.

 (The Chief Clerk of the House of Representatives is requested to read this motion and
cause it to be printed in the Calendar of March 23, 2000, under the order of business
``Consideration of Motions and House Resolutions Offered on a Previous Day'' as provided
by House Rule 1309 (b).)

CONSENT CALENDAR
 Objection was made to SB 549, 24, 427, 528 appearing on the Consent Calendar; the
bills were placed on the calendar under the heading of General Orders.

 No objection was made to SB 426, 640; SCR 1632 appearing on the Consent Calendar
for the third day. The bills and resolution were advanced to Final Action on Bills and
Concurrent Resolutions.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 SB 426, An act relating to apportioned fleet registration; concerning permanent registra-
tion of utility trailers; amending K.S.A. 8-1,119 and repealing the existing section, was con-
sidered on final action.

 On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Helger-
son, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jenkins, Jennison, Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Land-
wehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays,
McClure, McCreary, McKechnie, McKinney, Merrick, Minor, Mollenkamp, Jim Morrison,
Judy Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer,
Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn,
Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm,
Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Johnston.

 The bill passed.

 SB 640, An act concerning weights and measures; relating to inspections; amending
K.S.A. 83-304 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.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Helger-
son, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jenkins, Jennison, Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Land-
wehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays,
McClure, McCreary, McKechnie, McKinney, Merrick, Minor, Mollenkamp, Jim Morrison,
Judy Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer,
Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn,
Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm,
Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Johnston.

 The bill passed.

 SCR 1632, A concurrent resolution urging the Governor and the Governor's Substance
Abuse Prevention Council to establish statewide standards to evaluate the success of sub-
stance abuse programs, 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.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Helger-
son, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jenkins, Jennison, Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Land-
wehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays,
McClure, McCreary, McKechnie, McKinney, Merrick, Minor, Mollenkamp, Jim Morrison,
Judy Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer,
Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn,
Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm,
Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Johnston.

 The resolution was adopted.

 HB 2923, An act concerning the Kansas City area transportation district and authority
compact; relating to financing thereof, was considered on final action.

 On roll call, the vote was: Yeas 61; Nays 63; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Barnes, Beggs, Benlon, Bethell, Boston,
Carmody, Compton, Crow, Dahl, Dreher, Empson, Flaharty, Flower, Gilbert, Glasscock,
Grant, Hayzlett, Henry, Hermes, Holmes, Horst, Huff, Humerickhouse, Jennison, Johnson,
Phil Kline, Krehbiel, Larkin, Light, Lightner, Lloyd, Mason, McClure, McKinney, Merrick,
Judy Morrison, Myers, Neufeld, O'Brien, O'Connor, O'Neal, J. Peterson, Powers, Rein-
hardt, Schwartz, Shultz, Sloan, Stone, Storm, Tanner, Tedder, Thimesch, Vickrey, Vining,
Weber, Weiland.

 Nays: Aday, Aurand, Burroughs, Campbell, Cox, Dean, Edmonds, Faber, Farmer, Feuer-
born, Findley, Flora, Freeborn, Garner, Gatewood, Geringer, Gregory, Haley, Helgerson,
Henderson, Howell, Hutchins, Jenkins, Kirk, Klein, Phill Kline, Kuether, Landwehr, Lane,
M. Long, P. Long, Loyd, Mayans, Mays, McCreary, McKechnie, Minor, Mollenkamp, Jim
Morrison, Nichols, Osborne, Palmer, Pauls, E. Peterson, Phelps, Pottorff, Powell, Ray, Rear-
don, Rehorn, Ruff, Sharp, Showalter, Shriver, Spangler, Swenson, Toelkes, Tomlinson, To-
plikar, Wagle, Wells, Welshimer, Wilk.

 Present but not voting: None.

 Absent or not voting: Johnston.

 The bill did not pass.

 HB 3005, An act concerning maternity centers and child care facilities; relating to licen-
sure thereof; amending K.S.A. 1999 Supp. 65-504 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.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Helger-
son, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jenkins, Jennison, Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Land-
wehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays,
McClure, McCreary, McKechnie, McKinney, Merrick, Minor, Mollenkamp, Jim Morrison,
Judy Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer,
Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn,
Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm,
Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Johnston.

 The bill passed.

 HCR 5063, A concurrent resolution supporting the establishment of a center of excel-
lence in Kansas for the scientific study of medicinal plants, was considered on final action.

 On roll call, the vote was: Yeas 90; Nays 34; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Aday, Alldritt, Allen, Aurand, Ballard, Barnes, Beggs, Bethell, Boston, Burroughs,
Compton, Cox, Crow, Dahl, Dean, Faber, Farmer, Findley, Flaharty, Flora, Garner, Ger-
inger, Gilbert, Grant, Gregory, Haley, Helgerson, Henderson, Henry, Holmes, Horst, How-
ell, Huff, Humerickhouse, Jennison, Johnson, Kirk, Klein, Phill Kline, Kuether, Landwehr,
Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Mayans, McClure, McCreary, McKinney,
Merrick, Minor, Judy Morrison, Myers, O'Brien, O'Connor, Palmer, Pauls, E. Peterson,
Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Ruff, Sharp, Showalter, Shriver,
Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tom-
linson, Toplikar, Vickrey, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: Adkins, Ballou, Benlon, Campbell, Carmody, Dreher, Edmonds, Empson, Feuer-
born, Flower, Freeborn, Gatewood, Glasscock, Hayzlett, Hermes, Hutchins, Jenkins, Phil
Kline, Krehbiel, Lane, Loyd, Mason, Mays, McKechnie, Mollenkamp, Jim Morrison, Neu-
feld, Nichols, O'Neal, Osborne, J. Peterson, Reinhardt, Schwartz, Vining.

 Present but not voting: None.

 Absent or not voting: Johnston.

 The resolution was adopted.

 SB 238, An act concerning autopsies of certain persons; amending K.S.A. 22a-233 and
repealing the existing section, was considered on final action.

 On roll call, the vote was: Yeas 121; Nays 3; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Aday, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Bethell, Bos-
ton, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Edmonds,
Empson, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn, Garner, Gate-
wood, Geringer, Gilbert, Glasscock, Grant, Gregory, Hayzlett, Helgerson, Henderson,
Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins, Jenni-
son, Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Lar-
kin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure,
McCreary, McKechnie, McKinney, Merrick, Minor, Mollenkamp, Jim Morrison, Judy Mor-
rison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E.
Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt,
Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson,
Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wells, Welshimer, Wilk.

 Nays: Adkins, Faber, Haley.

 Present but not voting: None.

 Absent or not voting: Johnston.

 The bill passed, as amended.

 H. Sub. for Sub. for Sub. SB 257, An act concerning electric transmission lines; amend-
ing K.S.A. 66-1,178, 66-1,179 and 66-1,182 and repealing the existing sections, was consid-
ered on final action.

 On roll call, the vote was: Yeas 120; Nays 4; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dreher, Ed-
monds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Helger-
son, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins,
Jennison, Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane,
Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Mason, Mayans, Mays, McClure,
McCreary, McKechnie, McKinney, Merrick, Minor, Mollenkamp, Jim Morrison, Judy Mor-
rison, Myers, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J.
Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff,
Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tan-
ner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Wei-
land, Wells, Welshimer, Wilk.

 Nays: Dean, Hermes, Loyd, Neufeld.

 Present but not voting: None.

 Absent or not voting: Johnston.

 The substitute bill passed.

 SB 423, An act concerning courts; relating to laboratory analysis fees; amending K.S.A.
1999 Supp. 28-176 and repealing the existing section, was considered on final action.

 On roll call, the vote was: Yeas 99; Nays 25; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Aday, Adkins, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Bethell, Bos-
ton, Burroughs, Campbell, Compton, Cox, Crow, Dahl, Dean, Dreher, Edmonds, Empson,
Farmer, Feuerborn, Findley, Flaharty, Freeborn, Gatewood, Geringer, Gilbert, Glasscock,
Grant, Gregory, Hayzlett, Henry, Hermes, Holmes, Horst, Huff, Humerickhouse, Jenkins,
Jennison, Johnson, Phil Kline, Phill Kline, Krehbiel, Kuether, Lane, Light, M. Long, P.
Long, Mason, Mayans, McClure, McCreary, McKechnie, McKinney, Merrick, Minor, Mol-
lenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, O'Brien, O'Connor, O'Neal, Os-
borne, Palmer, Pauls, E. Peterson, J. Peterson, Pottorff, Powell, Powers, Ray, Reardon,
Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shultz, Sloan, Stone, Storm, Swenson,
Tanner, Tedder, Thimesch, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weiland, Wells,
Welshimer, Wilk.

 Nays: Alldritt, Carmody, Faber, Flora, Flower, Garner, Haley, Helgerson, Henderson,
Howell, Hutchins, Kirk, Klein, Landwehr, Larkin, Lightner, Lloyd, Loyd, Mays, Nichols,
Phelps, Shriver, Spangler, Toelkes, Weber.

 Present but not voting: None.

 Absent or not voting: Johnston.

 The bill passed.


EXPLANATION OF VOTE
 Mr. Speaker: On SB 423 I vote no. I support law enforcement, and the KBI. I want
KBI to be adequately funded. We have often said crime does not pay. But. This bill asks a
targeted section of Kansas residents, many of whom may well be making only a first error
in judgment, to pay too much, considering all other fines, costs and penalties accumulated
to date.--Ward Loyd

   SB 425, An act concerning civil procedure; relating to uniform enforcement of foreign
judgments act; filing and status of foreign judgments; amending K.S.A. 1999 Supp. 60-3002
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.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Helger-
son, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jenkins, Jennison, Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Land-
wehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays,
McClure, McCreary, McKechnie, McKinney, Merrick, Minor, Mollenkamp, Jim Morrison,
Judy Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer,
Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn,
Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm,
Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Johnston.

 The bill passed, as amended.

 SB 483, An act concerning service of process; certain business entities; amending K.S.A.
60-304 and K.S.A. 1999 Supp. 17-7667 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.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Helger-
son, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jenkins, Jennison, Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Land-
wehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays,
McClure, McCreary, McKechnie, McKinney, Merrick, Minor, Mollenkamp, Jim Morrison,
Judy Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer,
Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn,
Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm,
Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Johnston.

 The bill passed, as amended.

 SB 488, An act concerning crimes and punishment; relating to sentencing in multiple
conviction cases; amending K.S.A. 1999 Supp. 21-4720 and repealing the existing section,
was considered on final action.

 On roll call, the vote was: Yeas 123; Nays 1; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Barnes, Beggs, Benlon, Bethell, Bos-
ton, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Edmonds,
Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn, Garner,
Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Hen-
derson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins,
Jennison, Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane,
Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure,
McCreary, McKechnie, McKinney, Merrick, Minor, Mollenkamp, Jim Morrison, Judy Mor-
rison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E.
Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt,
Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson,
Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wells, Welshimer, Wilk.

 Nays: Ballou.

 Present but not voting: None.

 Absent or not voting: Johnston.

 The bill passed.

 SB 510, An act concerning the dental practices act; relating to licenses; amending K.S.A.
65-1421, 65-1422, 65-1428, 65-1430, 65-1433, 65-1435, 65-1441, 65-1457, 65-1458, 65-
1459, 74-1406 and 74-1407 and K.S.A. 1999 Supp. 65-1423, 65-1424, 65-1431, 65-1447, 65-
1455, 65-1456 and 65-1466 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.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Helger-
son, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jenkins, Jennison, Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Land-
wehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays,
McClure, McCreary, McKechnie, McKinney, Merrick, Minor, Mollenkamp, Jim Morrison,
Judy Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer,
Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn,
Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm,
Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Johnston.

 The bill passed, as amended.

 SB 529, An act concerning corporations; relating to execution of certain documents
thereof; reorganization as a holding company; amending K.S.A. 17-1506, 17-1607, 17-4607,
17-4615, 17-4616, 17-4617, 17-4618, 17-4621, 17-4622, 17-6006, 17-6603, 17-6708, 17-
6803, 17-6805 and 17-7208 and K.S.A. 1999 Supp. 17-1507, 17-1608, 17-1637, 17-1638, 17-
2201, 17-6001, 17-6002, 17-6003, 17-6005, 17-6203, 17-6204, 17-6205, 17-6401, 17-6601,
17-6602, 17-6605, 17-6701, 17-6702, 17-6703, 17-6704, 17-6705, 17-6706, 17-6707, 17-
6804, 17-6913, 17-7001, 17-7002, 17-7204, 17-7301 and 17-7302 and repealing the existing
sections, was considered on final action.

 On roll call, the vote was: Yeas 120; Nays 3; Present but not voting: 1; Absent or not
voting: 1.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Helger-
son, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins,
Jennison, Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane,
Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure,
McCreary, McKechnie, McKinney, Merrick, Minor, Mollenkamp, Jim Morrison, Judy Mor-
rison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, J.
Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff,
Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Tedder,
Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Wilk.

 Nays: E. Peterson, Spangler, Welshimer.

 Present but not voting: Hermes.

 Absent or not voting: Johnston.

 The bill passed.

 SB 531, An act concerning eggs; amending K.S.A. 2-2501, 2-2502, 2-2503, 2-2504, 2-
2505, 2-2506, 2-2507 and 2-2508 and repealing the existing sections, was considered on
final action.

 On roll call, the vote was: Yeas 119; Nays 5; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Aday, Adkins, Alldritt, Allen, Ballard, Ballou, Barnes, Beggs, Benlon, Bethell, Bos-
ton, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Edmonds,
Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn, Garner,
Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Hen-
derson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins,
Jennison, Johnson, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Lane, Larkin,
Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure, Mc-
Creary, McKechnie, McKinney, Merrick, Minor, Mollenkamp, Jim Morrison, Judy Morri-
son, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Pe-
terson, J. Peterson, Phelps, Pottorff, Powell, Ray, Reardon, Rehorn, Reinhardt, Ruff,
Schwartz, Sharp, Showalter, Shriver, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Ted-
der, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland,
Wells, Wilk.

 Nays: Aurand, Landwehr, Powers, Shultz, Welshimer.

 Present but not voting: None.

 Absent or not voting: Johnston.

 The bill passed, as amended.

 H. Sub. for SB 568, An act concerning big game; relating to deer permits; concerning
reduction of certain deer and big game populations; relating to reduction of deer-related
motor vehicle accidents; relating to penalties for certain crimes; amending K.S.A. 32-1032
and K.S.A. 1999 Supp. 32-937 and 32-965 and repealing the existing sections, was considered
on final action.

 On roll call, the vote was: Yeas 113; Nays 11; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Barnes, Beggs, Benlon, Bethell, Bos-
ton, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Edmonds,
Empson, Farmer, Feuerborn, Findley, Flaharty, Flower, Freeborn, Garner, Geringer, Gil-
bert, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Henry, Hermes, Holmes,
Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Kirk, Phil
Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M.
Long, P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
Merrick, Minor, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, O'Brien,
O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Powell, Ray,
Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan,
Stone, Storm, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining,
Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: Ballou, Faber, Flora, Gatewood, Helgerson, Klein, Nichols, Pottorff, Powers, Span-
gler, Swenson.

 Present but not voting: None.

 Absent or not voting: Johnston.

 The substitute bill passed.


EXPLANATION OF VOTE
 Mr. Speaker: Sub. SB 568 makes great strides in expanding the authority of Wildlife
and Parks to address the growing deer population while at the same time it fails to address
reimbursement to land owners experiencing extensive crop damages and does nothing to
pinpoint those areas of the state with high deer related accidents, except request a report
next year. While Wildlife and Parks are attempting to draw down the numbers by increasing
the length of the season and targeting the doe population statewide, they are playing catch-
up with a growing her. I vote yes on Sub. SB 568.--Sharon Schwartz

   Sub. SCR 1634, A concurrent resolution recognizing the Korean War Memorial in Wich-
ita as an official Korean War Memorial of the state of Kansas, 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.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Barnes, Beggs, Benlon, Bethell, Bos-
ton, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Edmonds,
Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn, Garner,
Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Hen-
derson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins,
Jennison, Johnson, Kirk, Klein, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin,
Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure, Mc-
Creary, McKechnie, McKinney, Merrick, Minor, Mollenkamp, Jim Morrison, Judy Morri-
son, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Pe-
terson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt,
Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson,
Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wells, Welshimer, Wilk.

 Nays: Ballou, Phil Kline.

 Present but not voting: None.

 Absent or not voting: Johnston.

 The substitute resolution was adopted.

CONFERENCE COMMITTEE REPORT
      Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2538, submits the following report:

      The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee amendments,
as follows:

      On page 1, in line 21, before ``drug'' where it appears for the last time, by inserting ``drug
which contains ephedrine alkaloids,''; in line 25, before ``drug'' where it appears for the last
time, by inserting ``drug which contains ephedrine alkaloids,'';

      On page 2, in line 6, before ``drug'' by inserting ``drug which contains ephedrine
alkaloids,'';

                                                                                     And your committee on conference recommends the adoption of this report.

                                                                                    Sandy Praeger

                                                                                    Larry D. Salmans

                                                                                    Chris Steineger
 Conferees on the part of Senate
                                                                                   

                                                                                    Garry Boston

                                                                                    Ward Loyd

                                                                                    Judy Showalter
 Conferees on part of House


   On motion of Rep. Boston, the conference committee report on HB 2538 was adopted.

 On roll call, the vote was: Yeas 122; Nays 1; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Findley, Flaharty, Flora, Flower, Freeborn, Garner,
Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Hen-
derson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins,
Jennison, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin,
Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure, Mc-
Creary, McKechnie, McKinney, Merrick, Minor, Mollenkamp, Jim Morrison, Judy Morri-
son, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Pe-
terson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt,
Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson,
Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wells, Welshimer, Wilk.

 Nays: Feuerborn.

 Present but not voting: None.

 Absent or not voting: Johnson, Johnston.

     On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Neufeld in the chair.

COMMITTEE OF THE WHOLE
 On motion of Rep. Neufeld, Committee of the Whole report, as follows, was adopted:

   Recommended that SB 526 be passed.

 SCR 1636 be adopted.

 Committee report to HB 3011 be adopted; and the bill be passed as amended.

 Committee report to SB 475 be adopted; and the bill be passed as amended.

 Committee report to SB 471 be adopted; and the bill be passed as amended.

 SB 448 be passed over and retain a place on the calendar.

 Committee report to SB 447 be adopted; and the bill be passed as amended.

REPORTS OF STANDING COMMITTEES
 The Committee on Appropriations recommends HB 3025 be passed.

 The Committee on Appropriations recommends HB 2858 be passed and, because the
committee is of the opinion that the bill is of a noncontroversial nature, be placed on the
consent calendar.

      The Committee on Appropriations recommends HB 2857 be amended on page 1, in
line 12, by striking ``Sec'' and inserting ``Section''; by striking all in lines 24 through 30; in
line 31, by striking ``(d)'' and inserting ``(c)''; and the bill be passed as amended.

 The Committee on Economic Development recommends HB 3021 be passed.

 The Committee on Education recommends SB 380, as amended by Senate Committee,
be passed.

      The Committee on Education recommends SB 432, as amended by Senate Committee,
be amended on page 2, before line 29, by inserting the following:

      ``Sec.  2. (a) The national board for professional teaching standards certification incen-
tive program is hereby established for the purpose of rewarding teachers who have attained
certification from the national board. Teachers who have attained certification from the
national board shall be issued a master teacher's certificate by the state board of education.
A master teacher's certificate shall be valid for 10 years and renewable thereafter every 10
years through compliance with continuing education and professional development require-
ments prescribed by the state board. Teachers who have attained certification from the
national board and who are employed by a school district shall be paid an incentive bonus
in the amount of $1,000 each school year, not exceeding 10 years, that the teacher remains
employed by a school district and retains a valid master teacher's certificate.

      (b) The board of education of each school district employing one or more national board
certified teachers shall pay the incentive bonus to each such teacher in each school year
that the teacher retains eligibility for such payment. Each board of education which has
made payments of incentive bonuses to national board certified teachers under this subsec-
tion may file an application with the state board of education for state aid and shall certify
to the state board the amount of such payments. The application and certification shall be
on a form prescribed and furnished by the state board, shall contain such information as
the state board shall require and shall be filed at the time specified by the state board.

      (c) In each school year, each school district employing one or more national board
certified teachers is entitled to receive from appropriations for the national board for pro-
fessional teaching standards certification incentive program an amount which is equal to the
amount certified to the state board of education in accordance with the provisions of sub-
section (b). The state board shall certify to the director of accounts and reports the amount
due each school district. The director of accounts and reports shall draw warrants on the
state treasurer payable to the treasurer of each school district entitled to payment under
this section upon vouchers approved by the state board.

      (d) Moneys received by a board of education under this section shall be deposited in
the general fund of the school district. Moneys deposited in the general fund of the school
district under this subsection shall be considered reimbursements to the district for the
purpose of the school district finance and quality performance act and may be expended
whether the same have been budgeted or not.

      (e) As used in this section, the term school district means any school district organized
and operating under the laws of this state.

      Sec.  3. As used in this act:

      (a) ``Mentor teacher program'' means a program established and maintained by the
board of education of a school district for the purpose of providing first-year teachers with
professional support and the continuous assistance of an on-site mentor teacher.

      (b) ``Mentor teacher'' means a certificated teacher who has completed at least three
consecutive school years of employment in the school district, has demonstrated exemplary
teaching ability as indicated by criteria established by the state board of education, and has
participated in and successfully completed a training program for mentor teachers provided
for by the state board of education. The primary function of a mentor teacher shall be to
provide first-year teachers with professional support and assistance. A mentor teacher may
provide assistance and guidance to not more than two first-year teachers.

      Sec.  4. (a) The board of education of each school district shall establish and maintain
a mentor teacher program and may apply for a grant of state moneys for the purpose of
providing stipends for mentor teachers. The program shall be implemented in the 2000-01
school year and maintained in each school year thereafter.

      (b) To be eligible to receive a grant of state moneys for maintenance of a mentor teacher
program, a board of education shall submit to the state board of education an application
for a grant and a description of the program. The application and description shall be
prepared in such form and manner as the state board shall require and shall be submitted
at a time to be determined and specified by the state board. Approval by the state board of
the program and the application is prerequisite to the award of a grant.

      (c) Each board of education which is awarded a grant under this act shall make such
periodic and special reports of statistical and financial information to the state board of
education as it may request.

      Sec.  5. (a) The state board of education shall adopt rules and regulations for the ad-
ministration of this act and shall:

      (1) Establish standards and criteria for evaluating and approving mentor teacher pro-
grams and applications of school districts for grants;

      (2) evaluate and approve mentor teacher programs;

      (3) establish criteria for qualification of certificated teachers as mentor teachers;

      (4) prescribe guidelines for the selection of mentor teachers;

      (5) provide special training programs for mentor teachers with respect to their duties
and responsibilities;

      (6) be responsible for awarding grants to school districts; and

      (7) request of and receive from each school district which is awarded a grant for main-
tenance of a mentor teacher program reports containing information with regard to the
effectiveness of the program.

      (b) Within the limits of appropriations for mentor teacher programs maintained by
school districts, the state board of education shall determine the amount of grants to be
awarded school districts by multiplying the amount of $1,000 by the number of first-year
teachers participating in the mentor teacher program maintained by a school district. The
product is the amount of the grant to be awarded to the district. Upon receipt of a grant of
state moneys for maintenance of a mentor teacher program, the amount of the grant shall
be deposited in the general fund of the school district. Moneys deposited in the general
fund of a school district under this subsection shall be considered reimbursements for the
purpose of the school district finance and quality performance act. The full amount of the
grant shall be allocated among the mentor teachers employed by the school district so as to
provide a mentor teacher with an annual stipend in the amount of $1,000 for each first-year
teacher mentored. Such annual stipend shall be over and above the regular salary to which
the mentor teacher is entitled for the school year.

      Sec.  6. The state board of education shall provide any board, upon request, with tech-
nical advice and assistance regarding the establishment and maintenance of a mentor teacher
program or an application for a grant of state moneys.'';

      By renumbering remaining section;

      On page 1, in the title, in line 10, after ``concerning'' by inserting ``schools and''; in line
11, before the period, by inserting ``; including incentives for national certification and
mentoring of first year teachers''; and the bill be passed as amended.

      The Committee on Transportation recommends SB 346, as amended by Senate Com-
mittee of the Whole, be amended on page 2, in line 34, by striking ``in'' and inserting ``: (1)
In''; in line 36, following ``thereto'' by inserting ``; or (2) with harvested crops from a field
or from storage on a farm''; and the bill be passed as amended.

      The Committee on Transportation recommends SB 536, as amended by Senate Com-
mittee, be amended on page 2, in line 43, by striking ``born on or after January 1, 1989''
and inserting ``, who is subject to the requirements in subsection (a)(1)'';

      On page 3, following line 4, by inserting the following:

      ``(3) The requirement in subsection (a)(1), shall not apply to a person 21 years of age
or older.''; and the bill be passed as amended.

     On motion of Rep. Weber, the House recessed until 2:00 p.m.









______
Afternoon Session
 The House met pursuant to recess with Speaker pro tem Mays in the chair.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
 The following bill was introduced and read by title:

 HB 3045, An act concerning retirement and pensions; relating to the Kansas public
employees retirement system; benefits; correction of errors by the system; vesting; taxation
of death benefits; purchase of service credit; amending K.S.A. 13-14a11, 14-10a11 and 74-
4927k and K.S.A. 1999 Supp. 13-14a07, 14-10a07, 20-2610, 20-2625, 74-4919p, 74-4919q,
74-4921, 74-4924, 74-4927, 74-4958, 74-4958a, 74-4959, 74-4960, 74-4960a and 74-4989
and repealing the existing sections; also repealing K.S.A. 1999 Supp. 74-4921a, by Com-
mittee on Appropriations.

     On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Allen in the chair.

COMMITTEE OF THE WHOLE
 On motion of Rep. Allen, Committee of the Whole report, as follows, was adopted:

   Recommended that SB 540; HB 3007 be passed.

 HCR 5070 be adopted.

 Committee report to SB 410 be adopted; also, on motion of Rep. Tedder to amend, the
motion did not prevail.

 Also, on motion of Rep. Klein to amend SB 410, Rep. Gregory requested a ruling on the
amendment being germane to the bill. The Rules Chair ruled the amendment germane.
The question then reverted back and roll call was demanded on motion of Rep. Klein to
amend on page 2, after line 42, by inserting an additional section as follows:

      ``Sec.  7. K.S.A. 1999 Supp. 44-119a is hereby amended to read as follows: 44-119a. (a)
Unless otherwise provided by law, an employer, or an employer's designee, who discloses
information about a current or former employee to a prospective employer of the employee
shall be qualifiedly immune from civil liability.

      (b) Unless otherwise provided by law, an employer who discloses information about a
current or former employee to a prospective employer of the employee shall be absolutely
immune from civil liability. The immunity applies only to disclosure of the following:

      (1) Date of employment;

      (2) pay level;

      (3) job description and duties; and

      (4) wage history.

      (c) Unless otherwise provided by law, an employer who responds in writing to a written
request concerning a current or former employee from a prospective employer of that
employee shall be absolutely immune from civil liability for disclosure of the following
information to which an employee may have access:

      (1) Written employee evaluations which were conducted prior to the employee's sep-
aration from the employer and to which an employee shall be given a copy upon request;
and

      (2) whether the employee was voluntarily or involuntarily released from service and the
reasons for the separation.

      (d) This section shall apply to causes of action accruing on and after the effective date
of this act.

      (e) The immunity conferred by this act shall not apply when the Kansas department of
revenue discriminates or retaliates against an employee because the employee or the pro-
spective employee has exercised, or is believed to have exercised, any federal or state statutory
right or undertaken any action encouraged by the public policy of this state.'';

      On page 18, in line 28, after ``79-41a03a'', by inserting ``and K.S.A. 1999 Supp. 44-119a'';

      In the title, in line 13, after the semicolon, by inserting ``establishing rules for the admin-
istration thereof; in line 15, after the second ''and``, by inserting ``K.S.A. 1999 Supp. 44-
119a and'';

 On roll call, the vote was: Yeas 60; Nays 61; Present but not voting: 0; Absent or not
voting: 4.

 Yeas: Alldritt, Ballard, Barnes, Burroughs, Crow, Dean, Edmonds, Empson, Feuerborn,
Findley, Flaharty, Flora, Garner, Gatewood, Gilbert, Grant, Gregory, Haley, Helgerson,
Henderson, Henry, Horst, Kirk, Klein, Phill Kline, Kuether, Landwehr, Larkin, M. Long,
P. Long, Mayans, McClure, McKechnie, McKinney, Minor, Nichols, O'Brien, Pauls, E.
Peterson, Phelps, Powers, Reardon, Rehorn, Reinhardt, Ruff, Sharp, Showalter, Shriver,
Spangler, Storm, Swenson, Tedder, Thimesch, Toelkes, Vickrey, Wagle, Weiland, Wells,
Welshimer, Wilk.

 Nays: Aday, Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Bethell, Boston, Campbell,
Carmody, Compton, Cox, Dahl, Dreher, Faber, Farmer, Flower, Freeborn, Geringer, Glas-
scock, Hayzlett, Hermes, Holmes, Huff, Humerickhouse, Hutchins, Jenkins, Jennison, John-
son, Phil Kline, Krehbiel, Lane, Light, Lightner, Lloyd, Loyd, Mason, Mays, McCreary,
Merrick, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, O'Connor, Osborne,
J. Peterson, Pottorff, Powell, Ray, Schwartz, Shultz, Sloan, Stone, Tanner, Tomlinson, To-
plikar, Vining, Weber.

 Present but not voting: None.

 Absent or not voting: Howell, Johnston, O'Neal, Palmer.

 The motion of Rep. Klein did not prevail; and SB 410 be passed as amended.

 Committee report to HB 2814 be adopted; also, on motion of Rep. Garner to amend,
Rep. Tomlinson requested the question be divided. The request was subsequently with-
drawn. The question then reverted back and roll call was demanded on motion of Rep.
Garner to amend on page 1, by striking all in lines 31 and 32; in line 33, by striking ``must
be''; in line 35, by striking all after ``exceed''; in line 36, by striking all before the comma
and inserting ``200% of the federal poverty guidelines'';

      On page 2, after line 24, by inserting new material to read as follows:

      ``(e) The provisions of this section shall take effect and be in force on and after April 1,
2001.'';

      On page 3, after line 7, by inserting the following material to read as follows:

      ``(d) The provisions of this section shall take effect and be in force from and after April
1, 2001.

      New Sec.  3. There is hereby established the senior pharmacy assistance program fund
in the state treasury which shall be administered by the secretary of aging. All moneys in
the senior pharmacy assistance program fund shall be used for the provision of assistance
under the senior pharmacy assistance program. All expenditures from the senior pharmacy
assistance program fund shall be made in accordance with appropriation acts upon warrants
of the director of accounts and reports issued pursuant to vouchers approved by the secretary
of aging or the secretary's designee. The state treasurer shall credit to the senior pharmacy
assistance program fund the amount equal to 15.79% of the revenues collected or received
from the taxes imposed upon insurance companies pursuant to K.S.A. 40-252, and amend-
ments thereto, exclusive of the amounts of such revenues required to be credited to the
insurance department regulation fund pursuant to K.S.A. 40-112, and amendments thereto.

      Sec.  4. K.S.A. 1999 Supp. 40-252d is hereby amended to read as follows: 40-252d. (a)
For tax year 1998 2000, and all tax years thereafter, each company required to pay a tax on
premiums under subsections A, C, D or F of K.S.A. 40-252 and amendments thereto shall
be allowed as a credit against such tax 25% of the salaries paid to Kansas employees, and
for tax years 1999 and thereafter, each company required to pay a tax on premiums under
subsections A, C, D or F of K.S.A. 40-252 and amendments thereto shall be allowed as a
credit against such tax 30% of the salaries paid to Kansas employees. Before taking into
account any other credit or offset against the tax on premiums imposed under K.S.A. 40-
252 and amendments thereto, the credit allowed under this section may not reduce such
tax by more than 1% of premiums taxable thereunder for tax year 1998 or by more than
1.25% of premiums taxable thereunder for tax years 1999 and thereafter 2000, and all tax
years thereafter.

      (b) As used in this section, unless the context otherwise requires:

      (1) ``Affiliate'' means an insurance company which, directly or indirectly, through one
or more intermediaries, controls, is controlled by or is under common control with another
insurance company. ``Affiliate'' also includes any company or business entity other than an
insurance company which, directly or indirectly, through one or more intermediaries, con-
trols, is controlled by or is under common control with an insurance company and which
performs insurance company operations for an insurance company. For purposes of this
definition, control exists if any company or business entity, directly or indirectly, owns, holds
with the power to vote or holds proxies representing all the voting stock or other voting
securities of any other company or business entity.

      (2) ``Insurance company'' or ``company'' means any entity subject to a tax on premiums
under subsections A, C, D or F of K.S.A. 40-252 and amendments thereto, including the
attorney-in-fact authorized by and acting for the subscribers of a reciprocal insurer or inter-
insurance exchange under powers of attorney. For the purpose of this section, a reciprocal
and its attorney-in-fact will be considered a single entity.

      (3) ``Insurance company operations'' means one or more or any combination of the
following functions or services performed in connection with the development, sale and
administration of products giving rise to receipts subject to a tax on premiums under sub-
section A, C, D or F of K.S.A. 40-252 and amendments thereto: Actuarial, medical, legal,
investments, accounting, auditing, underwriting, policy issuance, information, policyholder
services, premium collection, claims, advertising and publications, public relations, human
resources, marketing, sales office staff, training of sales and service personnel, and clerical,
managerial and other support for any such functions or services.

      (4) ``Kansas employees'' means persons who are employed in Kansas and who are com-
mon law employees of an insurance company or its affiliate. ``Kansas employees'' does not
include independent contractors or any person to the extent such person's compensation is
based on commissions.

      (5) ``Salaries'' means gross compensation paid to Kansas employees as reported to the
State of Kansas for income tax purposes for the calendar year for which a tax on premiums
is imposed under K.S.A. 40-252 and amendments thereto, but only to the extent compen-
sation is paid for insurance company operations performed in Kansas for an insurance com-
pany or its insurance company affiliates subject to the tax on premiums under subsection
A, C, D or F of K.S.A. 40-252 and amendments thereto. ``Salaries'' does not include com-
pensation based on commissions.

      (c) For an insurance company having affiliates:

      (1) Salaries paid by a noninsurance company affiliate shall be allocated among insurance
company affiliates pursuant to the agreement between or among the insurance company
and its affiliates.

      (2) The gross amount of all premiums of an insurance company subject to tax under
subsection A, C, D or F of K.S.A. 40-252 and amendments thereto and those of its insurance
company affiliates subject to such tax may be aggregated. In addition, all salaries paid to
Kansas employees may be aggregated. Subject to the limitation on the salary credit set forth
in subsection (a) of this section, the total allowable salary credit may be determined as if all
the aggregated premiums were received and all the aggregated salaries were paid by one
insurance company. Once the total allowable salary credit is determined for all insurance
company affiliates, the total credit may be allocated among the insurance company and its
insurance company affiliates at the discretion of the insurance company on a per insurance
company basis, subject to the limitation on the salary credit as set forth in subsection (a) of
this section.

      (d) The computation of salaries, the allowable salary credit and the allocation of the
credit among insurance company affiliates shall be made on forms supplied by the com-
missioner of insurance.

      (e) For purposes of calculating any tax due under K.S.A. 40-253 and amendments
thereto from a taxpayer not organized under the laws of this state, the credit allowed by this
section shall be treated as a tax paid under K.S.A. 40-252 and amendments thereto. 
Sec.  5. K.S.A. 1999 Supp. 40-252d is hereby repealed.'';

      And by renumbering the remaining section accordingly;

      Also on page 3, in line 9, by striking all before ``its'';

      On page 1, in the title, in line 19, before the period, by inserting ``; establishing the senior
pharmacy assistance program fund and providing for crediting certain tax revenues thereto;
amending K.S.A. 1999 Supp. 40-252d and repealing the existing section'';

 On roll call, the vote was: Yeas 47; Nays 76; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Alldritt, Ballard, Barnes, Burroughs, Crow, Dean, Feuerborn, Findley, Flaharty,
Flora, Garner, Gatewood, Gilbert, Grant, Haley, Helgerson, Henderson, Henry, Kirk, Klein,
Kuether, Larkin, M. Long, McClure, McKechnie, McKinney, Minor, Nichols, O'Brien,
Pauls, E. Peterson, Phelps, Reardon, Rehorn, Reinhardt, Ruff, Sharp, Showalter, Shriver,
Spangler, Storm, Tedder, Thimesch, Toelkes, Weiland, Wells, Welshimer.

 Nays: Aday, Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Bethell, Boston, Campbell,
Carmody, Compton, Cox, Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Flower, Free-
born, Geringer, Glasscock, Gregory, Hayzlett, Hermes, Holmes, Horst, Howell, Huff, Hu-
merickhouse, Hutchins, Jenkins, Jennison, Johnson, Phil Kline, Phill Kline, Krehbiel, Land-
wehr, Lane, Light, Lightner, Lloyd, P. Long, Loyd, Mason, Mayans, Mays, McCreary,
Merrick, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, O'Connor, O'Neal,
Osborne, Palmer, J. Peterson, Pottorff, Powell, Powers, Ray, Schwartz, Shultz, Sloan, Stone,
Tanner, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Wilk.

 Present but not voting: None.

 Absent or not voting: Johnston, Swenson.

 The motion of Rep. Garner did not prevail.

 Also, roll call was demanded on motion of Rep. Alldritt to amend HB 2814 on page 2,
after line 24, by inserting the following material to read as follows:

      ``(e) The provisions of this section shall take effect and be in force on and after April 1,
2001.'';

      On page 3, after line 7, by inserting the following material to read as follows:

      ``(d) The provisions of this section shall take effect and be in force from and after April
1, 2001.

      Sec. 3. K.S.A. 1999 Supp. 39-709 is hereby amended to read as follows: 39-709. (a)
General eligibility requirements for assistance for which federal moneys are expended. Sub-
ject to the additional requirements below, assistance in accordance with plans under which
federal moneys are expended may be granted to any needy person who:

      (1) Has insufficient income or resources to provide a reasonable subsistence compatible
with decency and health. Where a husband and wife are living together, the combined
income or resources of both shall be considered in determining the eligibility of either or
both for such assistance unless otherwise prohibited by law. The secretary, in determining
need of any applicant for or recipient of assistance shall not take into account the financial
responsibility of any individual for any applicant or recipient of assistance unless such ap-
plicant or recipient is such individual's spouse or such individual's minor child or minor
stepchild if the stepchild is living with such individual. The secretary in determining the
need of an individual for assistance shall take into consideration the monthly cost of pre-
scription drugs to that individual and deduct that verified amount from an applicant's re-
ported monthly income. The secretary in determining need of an individual may provide
such income and resource exemptions as may be permitted by federal law. For purposes of
eligibility for aid for families with dependent children, for food stamp assistance and for any
other assistance provided through the department of social and rehabilitation services under
which federal moneys are expended, the secretary of social and rehabilitation services shall
consider one motor vehicle owned by the applicant for assistance, regardless of the value
of such vehicle, as exempt personal property and shall consider any equity in any additional
motor vehicle owned by the applicant for assistance to be a nonexempt resource of the
applicant for assistance.

      (2) Is a citizen of the United States or is an alien lawfully admitted to the United States
and who is residing in the state of Kansas.

      (b) Assistance to families with dependent children. Assistance may be granted under
this act to any dependent child, or relative, subject to the general eligibility requirements
as set out in subsection (a), who resides in the state of Kansas or whose parent or other
relative with whom the child is living resides in the state of Kansas. Such assistance shall be
known as aid to families with dependent children. Where husband and wife are living to-
gether both shall register for work under the program requirements for aid to families with
dependent children in accordance with criteria and guidelines prescribed by rules and reg-
ulations of the secretary.

      (c) Aid to families with dependent children; assignment of support rights and limited
power of attorney. By applying for or receiving aid to families with dependent children such
applicant or recipient shall be deemed to have assigned to the secretary on behalf of the
state any accrued, present or future rights to support from any other person such applicant
may have in such person's own behalf or in behalf of any other family member for whom
the applicant is applying for or receiving aid. In any case in which an order for child support
has been established and the legal custodian and obligee under the order surrenders physical
custody of the child to a caretaker relative without obtaining a modification of legal custody
and support rights on behalf of the child are assigned pursuant to this section, the surrender
of physical custody and the assignment shall transfer, by operation of law, the child's support
rights under the order to the secretary on behalf of the state. Such assignment shall be of
all accrued, present or future rights to support of the child surrendered to the caretaker
relative. The assignment of support rights shall automatically become effective upon the
date of approval for or receipt of such aid without the requirement that any document be
signed by the applicant, recipient or obligee. By applying for or receiving aid to families
with dependent children, or by surrendering physical custody of a child to a caretaker
relative who is an applicant or recipient of such assistance on the child's behalf, the applicant,
recipient or obligee is also deemed to have appointed the secretary, or the secretary's des-
ignee, as an attorney in fact to perform the specific act of negotiating and endorsing all
drafts, checks, money orders or other negotiable instruments representing support payments
received by the secretary in behalf of any person applying for, receiving or having received
such assistance. This limited power of attorney shall be effective from the date the secretary
approves the application for aid and shall remain in effect until the assignment of support
rights has been terminated in full.

      (d) Eligibility requirements for general assistance, the cost of which is not shared by the
federal government. (1) General assistance may be granted to eligible persons who do not
qualify for financial assistance in a program in which the federal government participates
and who satisfy the additional requirements prescribed by or under this subsection (d).

      (A) To qualify for general assistance in any form a needy person must have insufficient
income or resources to provide a reasonable subsistence compatible with decency and health
and, except as provided for transitional assistance, be a member of a family in which a minor
child or a pregnant woman resides or be unable to engage in employment. The secretary
shall adopt rules and regulations prescribing criteria for establishing when a minor child
may be considered to be living with a family and whether a person is able to engage in
employment, including such factors as age or physical or mental condition. Eligibility for
general assistance, other than transitional assistance, is limited to families in which a minor
child or a pregnant woman resides or to an adult or family in which all legally responsible
family members are unable to engage in employment. Where a husband and wife are living
together the combined income or resources of both shall be considered in determining the
eligibility of either or both for such assistance unless otherwise prohibited by law. The
secretary in determining need of any applicant for or recipient of general assistance shall
not take into account the financial responsibility of any individual for any applicant or re-
cipient of general assistance unless such applicant or recipient is such individual's spouse or
such individual's minor child or a minor stepchild if the stepchild is living with such indi-
vidual. The secretary in determining the need of an individual for assistance shall take into
consideration the monthly cost of prescription drugs to that individual and deduct that
verified amount from an applicant's reported monthly income. In determining the need of
an individual, the secretary may provide for income and resource exemptions.

      (B) To qualify for general assistance in any form a needy person must be a citizen of
the United States or an alien lawfully admitted to the United States and must be residing
in the state of Kansas.

      (2) General assistance in the form of transitional assistance may be granted to eligible
persons who do not qualify for financial assistance in a program in which the federal gov-
ernment participates and who satisfy the additional requirements prescribed by or under
this subsection (d), but who do not meet the criteria prescribed by rules and regulations of
the secretary relating to inability to engage in employment or are not a member of a family
in which a minor or a pregnant woman resides.

      (3) In addition to the other requirements prescribed under this subsection (d), the
secretary shall adopt rules and regulations which establish community work experience pro-
gram requirements for eligibility for the receipt of general assistance in any form and which
establish penalties to be imposed when a work assignment under a community work expe-
rience program requirement is not completed without good cause. The secretary may adopt
rules and regulations establishing exemptions from any such community work experience
program requirements. A first time failure to complete such a work assignment requirement
shall result in ineligibility to receive general assistance for a period fixed by such rules and
regulations of not more than three calendar months. A subsequent failure to complete such
a work assignment requirement shall result in a period fixed by such rules and regulations
of ineligibility of not more than six calendar months.

      (4) If any person is found guilty of the crime of theft under the provisions of K.S.A. 39-
720, and amendments thereto, such person shall thereby become forever ineligible to re-
ceive any form of general assistance under the provisions of this subsection (d) unless the
conviction is the person's first conviction under the provisions of K.S.A. 39-720, and amend-
ments thereto, or the law of any other state concerning welfare fraud. First time offenders
convicted of a misdemeanor under the provisions of such statute shall become ineligible to
receive any form of general assistance for a period of 12 calendar months from the date of
conviction. First time offenders convicted of a felony under the provisions of such statute
shall become ineligible to receive any form of general assistance for a period of 60 calendar
months from the date of conviction. If any person is found guilty by a court of competent
jurisdiction of any state other than the state of Kansas of a crime involving welfare fraud,
such person shall thereby become forever ineligible to receive any form of general assistance
under the provisions of this subsection (d) unless the conviction is the person's first convic-
tion under the law of any other state concerning welfare fraud. First time offenders convicted
of a misdemeanor under the law of any other state concerning welfare fraud shall become
ineligible to receive any form of general assistance for a period of 12 calendar months from
the date of conviction. First time offenders convicted of a felony under the law of any other
state concerning welfare fraud shall become ineligible to receive any form of general assis-
tance for a period of 60 calendar months from the date of conviction.

      (e) Requirements for medical assistance for which federal moneys or state moneys or
both are expended. When the secretary has adopted a medical care plan under which federal
moneys or state moneys or both are expended, medical assistance in accordance with such
plan shall be granted to any person who is a citizen of the United States or who is an alien
lawfully admitted to the United States and who is residing in the state of Kansas, whose
resources and income do not exceed the levels prescribed by the secretary. In determining
the need of an individual, the secretary may provide for income and resource exemptions
and protected income and resource levels. Resources from inheritance shall be counted. A
disclaimer of an inheritance pursuant to K.S.A. 59-2291, and amendments thereto, shall
constitute a transfer of resources. The secretary in determining the need of an individual
for medical assistance shall take into consideration the monthly cost of prescription drugs
to that individual and deduct that verified amount from an applicant's reported monthly
income. The secretary shall exempt principal and interest held in irrevocable trust pursuant
to subsection (c) of K.S.A. 16-303, and amendments thereto, from the eligibility require-
ments of applicants for and recipients of medical assistance. Such assistance shall be known
as medical assistance.

      (f) Eligibility for medical assistance of resident receiving medical care outside state. A
person who is receiving medical care including long-term care outside of Kansas whose
health would be endangered by the postponement of medical care until return to the state
or by travel to return to Kansas, may be determined eligible for medical assistance if such
individual is a resident of Kansas and all other eligibility factors are met. Persons who are
receiving medical care on an ongoing basis in a long-term medical care facility in a state
other than Kansas and who do not return to a care facility in Kansas when they are able to
do so, shall no longer be eligible to receive assistance in Kansas unless such medical care is
not available in a comparable facility or program providing such medical care in Kansas.
For persons who are minors or who are under guardianship, the actions of the parent or
guardian shall be deemed to be the actions of the child or ward in determining whether or
not the person is remaining outside the state voluntarily.

      (g) Medical assistance; assignment of rights to medical support and limited power of
attorney; recovery from estates of deceased recipients. (1) Except as otherwise provided in
K.S.A. 39-786 and 39-787, and amendments thereto, or as otherwise authorized on and after
September 30, 1989, under section 303 and amendments thereto of the federal medicare
catastrophic coverage act of 1988, whichever is applicable, by applying for or receiving
medical assistance under a medical care plan in which federal funds are expended, any
accrued, present or future rights to support and any rights to payment for medical care from
a third party of an applicant or recipient and any other family member for whom the ap-
plicant is applying shall be deemed to have been assigned to the secretary on behalf of the
state. The assignment shall automatically become effective upon the date of approval for
such assistance without the requirement that any document be signed by the applicant or
recipient. By applying for or receiving medical assistance the applicant or recipient is also
deemed to have appointed the secretary, or the secretary's designee, as an attorney in fact
to perform the specific act of negotiating and endorsing all drafts, checks, money orders or
other negotiable instruments, representing payments received by the secretary in behalf of
any person applying for, receiving or having received such assistance. This limited power of
attorney shall be effective from the date the secretary approves the application for assistance
and shall remain in effect until the assignment has been terminated in full. The assignment
of any rights to payment for medical care from a third party under this subsection shall not
prohibit a health care provider from directly billing an insurance carrier for services ren-
dered if the provider has not submitted a claim covering such services to the secretary for
payment. Support amounts collected on behalf of persons whose rights to support are as-
signed to the secretary only under this subsection and no other shall be distributed pursuant
to subsection (d) of K.S.A. 39-756, and amendments thereto, except that any amounts des-
ignated as medical support shall be retained by the secretary for repayment of the unreim-
bursed portion of assistance. Amounts collected pursuant to the assignment of rights to
payment for medical care from a third party shall also be retained by the secretary for
repayment of the unreimbursed portion of assistance.

      (2) The amount of any medical assistance paid after June 30, 1992, under the provisions
of subsection (e) is (A) a claim against the property or any interest therein belonging to and
a part of the estate of any deceased recipient or, if there is no estate, the estate of the
surviving spouse, if any, shall be charged for such medical assistance paid to either or both,
and (B) a claim against any funds of such recipient or spouse in any account under K.S.A.
9-1215, 9-1216, 17-2263, 17-2264, 17-5828 or 17-5829, and amendments thereto. There
shall be no recovery of medical assistance correctly paid to or on behalf of an individual
under subsection (e) except after the death of the surviving spouse of the individual, if any,
and only at a time when the individual has no surviving child who is under 21 years of age
or is blind or permanently and totally disabled. Transfers of real or personal property by
recipients of medical assistance without adequate consideration are voidable and may be
set aside. Except where there is a surviving spouse, or a surviving child who is under 21
years of age or is blind or permanently and totally disabled, the amount of any medical
assistance paid under subsection (e) is a claim against the estate in any guardianship or
conservatorship proceeding. The monetary value of any benefits received by the recipient
of such medical assistance under long-term care insurance, as defined by K.S.A. 40-2227,
and amendments thereto, shall be a credit against the amount of the claim provided for
such medical assistance under this subsection (g). The secretary is authorized to enforce
each claim provided for under this subsection (g). The secretary shall not be required to
pursue every claim, but is granted discretion to determine which claims to pursue. All
moneys received by the secretary from claims under this subsection (g) shall be deposited
in the social welfare fund. The secretary may adopt rules and regulations for the imple-
mentation and administration of the medical assistance recovery program under this sub-
section (g).

      (h) Placement under code for care of children or juvenile offenders code; assignment of
support rights and limited power of attorney. In any case in which the secretary of social
and rehabilitation services pays for the expenses of care and custody of a child pursuant to
K.S.A. 38-1501 et seq. or 38-1601 et seq., and amendments thereto, including the expenses
of any foster care placement, an assignment of all past, present and future support rights of
the child in custody possessed by either parent or other person entitled to receive support
payments for the child is, by operation of law, conveyed to the secretary. Such assignment
shall become effective upon placement of a child in the custody of the secretary or upon
payment of the expenses of care and custody of a child by the secretary without the re-
quirement that any document be signed by the parent or other person entitled to receive
support payments for the child. When the secretary pays for the expenses of care and custody
of a child or a child is placed in the custody of the secretary, the parent or other person
entitled to receive support payments for the child is also deemed to have appointed the
secretary, or the secretary's designee, as attorney in fact to perform the specific act of
negotiating and endorsing all drafts, checks, money orders or other negotiable instruments
representing support payments received by the secretary on behalf of the child. This limited
power of attorney shall be effective from the date the assignment to support rights becomes
effective and shall remain in effect until the assignment of support rights has been termi-
nated in full.

      (i) No person who voluntarily quits employment or who is fired from employment due
to gross misconduct as defined by rules and regulations of the secretary or who is a fugitive
from justice by reason of a felony conviction or charge shall be eligible to receive public
assistance benefits in this state. Any recipient of public assistance who fails to timely comply
with monthly reporting requirements under criteria and guidelines prescribed by rules and
regulations of the secretary shall be subject to a penalty established by the secretary by rules
and regulations.

      (j) If the applicant or recipient of aid to families with dependent children is a mother
of the dependent child, as a condition of the mother's eligibility for aid to families with
dependent children the mother shall identify by name and, if known, by current address
the father of the dependent child except that the secretary may adopt by rules and regula-
tions exceptions to this requirement in cases of undue hardship. Any recipient of aid to
families with dependent children who fails to cooperate with requirements relating to child
support enforcement under criteria and guidelines prescribed by rules and regulations of
the secretary shall be subject to a penalty established by the secretary by rules and regula-
tions which penalty shall progress to ineligibility for the family after three months of
noncooperation.

      (k) By applying for or receiving child care benefits or food stamps, the applicant or
recipient shall be deemed to have assigned, pursuant to K.S.A. 39-756 and amendments
thereto, to the secretary on behalf of the state only accrued, present or future rights to
support from any other person such applicant may have in such person's own behalf or in
behalf of any other family member for whom the applicant is applying for or receiving aid.
The assignment of support rights shall automatically become effective upon the date of
approval for or receipt of such aid without the requirement that any document be signed
by the applicant or recipient. By applying for or receiving child care benefits or food stamps,
the applicant or recipient is also deemed to have appointed the secretary, or the secretary's
designee, as an attorney in fact to perform the specific act of negotiating and endorsing all
drafts, checks, money orders or other negotiable instruments representing support payments
received by the secretary in behalf of any person applying for, receiving or having received
such assistance. This limited power of attorney shall be effective from the date the secretary
approves the application for aid and shall remain in effect until the assignment of support
rights has been terminated in full. An applicant or recipient who has assigned support rights
to the secretary pursuant to this subsection shall cooperate in establishing and enforcing
support obligations to the same extent required of applicants for or recipients of aid to
families with dependent children. 
Sec. 4. K.S.A. 1999 Supp. 39-709 is hereby repealed.'';

      And by renumbering the remaining section accordingly;

      Also on page 3, in line 9, by striking all before ``its'';

      On page 1, in the title, in line 17, before ``establishing'' by inserting ``concerning assistance
for certain persons; relating to prescription drugs;''; in line 19, before the period, by inserting
``; eligibility for public assistance; amending K.S.A. 1999 Supp. 39-709 and repealing the
existing section'';

 On roll call, the vote was: Yeas 51; Nays 73; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Alldritt, Ballard, Barnes, Burroughs, Campbell, Crow, Dean, Feuerborn, Findley,
Flaharty, Flora, Garner, Gatewood, Gilbert, Grant, Haley, Helgerson, Henderson, Henry,
Howell, Kirk, Klein, Kuether, Larkin, M. Long, McClure, McKechnie, McKinney, Minor,
Nichols, O'Brien, Pauls, E. Peterson, Phelps, Reardon, Rehorn, Reinhardt, Ruff, Sharp,
Showalter, Shriver, Spangler, Storm, Swenson, Tedder, Thimesch, Toelkes, Vickrey, Wei-
land, Wells, Welshimer.

 Nays: Aday, Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Bethell, Boston, Carmody,
Compton, Cox, Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Flower, Freeborn, Ger-
inger, Glasscock, Gregory, Hayzlett, Hermes, Holmes, Horst, Huff, Humerickhouse, Hutch-
ins, Jenkins, Jennison, Johnson, Phil Kline, Phill Kline, Krehbiel, Landwehr, Lane, Light,
Lightner, Lloyd, P. Long, Loyd, Mason, Mayans, Mays, McCreary, Merrick, Mollenkamp,
Jim Morrison, Judy Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Palmer, J.
Peterson, Pottorff, Powell, Powers, Ray, Schwartz, Shultz, Sloan, Stone, Tanner, Tomlinson,
Toplikar, Vining, Wagle, Weber, Wilk.

 Present but not voting: None.

 Absent or not voting: Johnston.

 The motion of Rep. Alldritt did not prevail; and HB 2814 be passed as amended.

 Committee report recommending a substitute bill to H. Sub. for SB 40 be adopted; also,
on motion of Rep. Ruff to amend, Rep. Loyd requested a ruling on the amendment being
germane to the bill. The Rules Chair ruled the amendment germane. The question then
reverted back to the motion of Rep. Ruff to amend, which did not prevail.

 Also, on motion of Rep. Rehorn H. Sub. for SB 40 be amended on page 1, after line
14, by inserting the following:

      ``Section  1. K.S.A. 1999 Supp. 46-233 is hereby amended to read as follows: 46-233.
(a) (1) No state officer or employee shall in the capacity as such officer or employee be
substantially involved in the preparation of or participate in the making of a contract with
any person or business by which such officer or employee is employed or in whose business
such officer or employee or any member of such officer's or employee's immediate family
has a substantial interest and no such person or business shall enter into any contract where
any state officer or employee, acting in such capacity, is a signatory to, has been substantially
involved in the preparation of or is a participant in the making of such contract and is
employed by such person or business or such officer or employee or any member of such
officer's or employee's immediate family has a substantial interest in such person or business.

      (2) Except as otherwise provided in this subsection, whenever any individual has par-
ticipated as a state officer or employee in the making of any contract with any person or
business, such individual shall not accept employment with such person or business as an
employee, independent contractor or subcontractor until two years after performance of
the contract is completed or until two years after the individual terminates employment as
a state officer or employee, whichever is sooner. This prohibition on accepting employment
shall not apply in any case in which: (A) A state officer or employee who participated in
making a contract while employed by an institution that is subsequently closed or abolished
or otherwise ceases operations or that has budget reductions imposed that are associated
with such closure and who is laid off from employment with such institution for the reason
of such closure, abolition or cessation of operations or such imposition of budget reductions;
or (B) a state officer or employee who participated in making a contract while employed by
an institution that is scheduled to be closed or abolished or to cease operations, who is
scheduled to be laid off from employment with such institution for the reason of the sched-
uled closure, abolition or cessation of operations, and who voluntarily terminates such em-
ployment after receiving such state officer or employee's notice of the scheduled layoff. As
used in this subsection (a)(2), ``laid off'' and ``layoff'' mean, in the case of a state officer or
employee in the classified service under the Kansas civil service act, being laid off under
K.S.A. 75-2948, and amendments thereto, and, in the case of a state officer or employee in
the unclassified service under the Kansas civil service act, being terminated from employ-
ment with the state agency by the appointing authority, except that ``laid off'' and ``layoff''
shall not include any separation from employment pursuant to a budget reduction or ex-
penditure authority reduction and a reduction of F.T.E. positions under K.S.A. 75-6801,
and amendments thereto; and ``institution'' means Topeka state hospital, Rainbow mental
health facility Winfield state hospital and training center.

      (b) No individual shall, while a legislator or within one year after the expiration of a
term as legislator, be interested pecuniarily, either directly or indirectly, in any contract
with the state, which contract is funded in whole or in part by any appropriation or is
authorized by any law passed during such term, except that the prohibition of this subsection
(b) shall not apply to any contract interest in relation to which a disclosure statement is filed
as provided by K.S.A. 46-239, and amendments thereto.

      (c) No individual, while a legislator or within one year after the expiration of a term as
a legislator, shall represent any person in a court proceeding attacking any legislative action
taken or enactment made during any term such individual served as a legislator as being
unconstitutional because of error in the legislative process with respect to such action or
enactment unless such legislator voted no upon the enactment of the measure and declared
on the record, during such term, that such legislation was unconstitutional. The prohibition
of this subsection (c) shall not apply to a current or former legislator charged with a violation
of such legislative action or enactment.

      (d) Subsections (a) and (b) shall not apply to the following:

      (1) Contracts let after competitive bidding has been advertised for by published notice;
and

      (2) Contracts for property or services for which the price or rate is fixed by law.

      (e) When used in this section:

      (1) ``Substantial interest'' shall have the same meaning ascribed thereto by K.S.A. 46-
229, and amendments thereto, and any such interest held within the preceding 12 months
of the act or event of participating in the preparation of making a contract.

      (2) ``Substantially involved in the preparation or participate in the making of a contract''
means having approved or disapproved a contract or having provided significant factual or
specific information or advice or recommendations in relation to the negotiated terms of
the contract.

      Sec.  2. K.S.A. 75-4376 is hereby amended to read as follows: 75-4376. As used in K.S.A.
75-4370 through 75-4376 and amendments thereto, except as otherwise specifically provided
in such statutes:

      (a) ``Institution'' means Topeka state hospital, Rainbow mental health facility or Win-
field state hospital and training center; and

      (b) ``laid off'' means, in the case of a state officer or employee in the classified service
under the Kansas civil service act, being laid off under K.S.A. 75-2948 and amendments
thereto and, in the case of a state officer or employee in the unclassified service under the
Kansas civil service act, being terminated from employment with the state agency by the
appointing authority, except that ``laid off'' shall not include any separation from employment
pursuant to a budget reduction or expenditure authority reduction and a reduction of F.T.E.
positions under K.S.A. 75-6801 and amendments thereto'';

      And by renumbering sections accordingly;

      On page 3, in line 4, after ``K.S.A.'' where it appears for the first time by inserting ``75-
4376 and''; also in line 4, after ``Supp.'' by inserting ``46-233 and'';

      In the title, in line 10, after the semicolon, by inserting ``concerning the closure or relo-
cation of certain programs or functions; prescribing benefits for certain officers and em-
ployees laid off therefrom;''; also in line 10, after ``K.S.A.'' by inserting ``75-4376 and''; also
in line 10, after ``and'' where it appears for the last time, by inserting ``K.S.A. 1999 Supp.
46-233 and''; in line 11, by striking ``section'' and inserting ``sections''; and H. Sub. for SB
40 be passed as amended.

 Committee report to HB 2678 be adopted; and the bill be passed as amended.

 Committee report to SB 502 be adopted; and the bill be passed as amended.

 Committee report to SB 393 be adopted; also, on motion of Rep. McKechnie to amend,
the motion did not prevail.

 Also, on motion of Rep. Sharp SB 393 be amended on page 3, in line 18, by striking
``renewed'' and inserting ``reviewed''; and SB 393 be passed as amended.

 Committee report to SB 514 be adopted; and the bill be passed as amended.

 Committee report to SB 248 be adopted; also, on motion of Rep. Reinhardt be amended
on page 1, after line 17, by inserting the following material to read as follows:

      ``New Section  1. (a) Any research foundation is authorized to initiate and complete
capital improvement projects on state-owned property of the state educational institution
that the research foundation is organized and operated to benefit if the capital improvement
projects have received prior approval by the state board of regents and the plans and spec-
ifications for such capital improvement projects have received prior approval by the secretary
of administration. Each such capital improvement project shall be totally financed from
nonstate moneys of the research foundation. The buildings and facilities constructed and
the repairs, remodeling and renovations of state buildings and facilities conducted under
such capital improvement projects shall become the property of the state of Kansas upon
completion and acceptance by the secretary of administration. No such capital improvement
project shall be approved by the state board of regents without having first advised and
consulted with the joint committee on state building construction.

      (b) As used in this section:

      (1) ``Capital improvement project'' means a project to construct one or more buildings
or facilities for a state educational institution or to repair, remodel or renovate one or more
state buildings or facilities of a state educational institution and, in any such case, which has
a total cost of $1,000,000 or less;

      (2) ``research foundation'' means any not-for-profit research foundation organized and
operated for the primary purpose of encouraging, fostering and conducting scholarly inves-
tigation and other types of research for the benefit of a state educational institution;

      (3) ``nonstate moneys'' means moneys received from any source except the state of
Kansas or any agency thereof; and

      (4) ``state educational institution'' has the meaning ascribed thereto by K.S.A. 76-711
and amendments thereto.'';

      Also on page 1, in line 18, by striking ``Section 1.'' and inserting ``Sec. 2.''; in line 27, by
striking ``$500,000'' and inserting ``$1,000,000''; also in line 27 by striking ``and''; in line 29,
before the period, by inserting:

      ``; and

      (3) ``state educational institution'' has the meaning ascribed thereto by K.S.A. 76-711
and amendments thereto'';

      In line 30, by striking ``The university of Kansas medical center'' and inserting ``Each
state educational institution''; in line 31, by striking ``university''; in line 32, by striking all
before ``from'' and inserting ``state educational institution'';

      On page 2, in line 5, by striking ``The university of Kansas medical center'' and inserting
``Each state educational institution''; in line 6 by striking ``university''; in line 7 by striking
all before ``from'' and inserting ``state educational institution'';

      And by renumbering the remaining sections accordingly;

      On page 1, in the title, in line 12 by striking all after ``concerning''; by striking all of line
13, in line 14 by striking all before the semicolon and inserting ``state educational institutions
under the control and supervision of the state board of regents; relating to certain capital
improvement projects''; and SB 248 be passed as amended.

 Committee report to HR 6011 be adopted; and the resolution be adopted as amended.

REPORTS OF STANDING COMMITTEES
      The Committee on Appropriations recommends SB 481 be amended on page 1, before
line 14, by inserting the following:

      ``Section  1. K.S.A. 1999 Supp. 25-4119f is hereby amended to read as follows: 25-4119f.
(a) In addition to any other fee required by law, every person becoming a candidate for the
following offices shall pay a fee at the time of filing for such office in the amount prescribed
by this section:

      (1)Governor and lieutenant governor$400 $480;
      (2)state offices elected by statewide election, other than the governor and lieutenant governor$400 $480;
      (3)state senator, state representative, state board of education, district attorney, board of public utilities of the city of Kansas City and elected county offices$30 $36;
  and
      (4)members of boards of education of unified school districts having 35,000 or more pupils regularly enrolled in the preceding school year, members of governing bodies of cities of the first class and judges of the district court in judicial districts in which judges are elected$30 $36.
        (b) The secretary of state shall remit all fees received by that office to the state treasurer.
County election officers receiving fees in accordance with this section shall remit such fees
to the county treasurer of the county who shall quarterly remit the same to the state trea-
surer. Upon receipt of such remittance, the state treasurer shall deposit the entire amount
in the state treasury to the credit of the governmental ethics commission fee fund.

      Sec.  2. K.S.A. 1999 Supp. 25-4145 is hereby amended to read as follows: 25-4145. (a)
Each party committee and each political committee which anticipates receiving contribu-
tions or making expenditures shall appoint a chairperson and a treasurer. The chairperson
of each party committee and each political committee which anticipates receiving contri-
butions or making expenditures for a candidate for state office shall make a statement of
organization and file it with the secretary of state not later than 10 days after establishment
of such committee. The chairperson of each political committee which anticipates receiving
contributions or making expenditures for any candidate for local office, shall make a state-
ment of organization and file it with the county election officer not later than 10 days after
establishment of such committee.

      (b) Every statement of organization shall include:

      (1) The name and address of the committee. The name of the committee shall reflect
the full name of the organization with which the committee is connected or affiliated or
sufficiently describe such affiliation. If the political committee is not connected or affiliated
with any one organization, the name shall reflect the trade, profession or primary interest
of the committee as reflected by the statement of purpose of such organization;

      (2) the names and addresses of the chairperson and treasurer of the committee;

      (3) the names and addresses of affiliated or connected organizations; and

      (4) in the case of a political committee, the full name of the organization with which
the committee is connected or affiliated or, name or description sufficiently describing the
affiliation or, if the committee is not connected or affiliated with any one organization, the
trade, profession or primary interest of the political committee as reflected by the statement
of purpose of such organization.

      (c) Any change in information previously reported in a statement of organization shall
be reported on a supplemental statement of organization and filed not later than 10 days
following the change.

      (d)  (1) Each political committee which anticipates receiving contributions shall register
annually with the commission on or before July 1 of each year. Each political committee
registration shall be in the form and contain such information as may be required by the
commission.

      (2) Each registration by a political committee anticipating the receipt of $2,501 or more
in any calendar year shall be accompanied by an annual registration fee of $200 $240.

      (3) Each registration by a political committee anticipating the receipt of more than $500
but less than $2,501 in any calendar year shall be accompanied by an annual registration
fee of $30 $36.

      (4) Each registration by a political committee anticipating the receipt of $500 or less in
any calendar year shall be accompanied by an annual registration fee of $15 $18.

      (5) Any political committee which is currently registered under subsection (d)(3) or
(d)(4) and which receives contributions in excess of $2,500 for a calendar year, shall file,
within three days of the date when contributions exceed such amount, an amended regis-
tration form which shall be accompanied by an additional fee for such year equal to the
difference between $200 $240 and the amount of the fee that accompanied the current
registration.

      (6)  Any political committee which is currently registered under subsection (d)(4) and
which receives contributions in excess of $500 but which are less than $2,501, shall file,
within three days of the date when contributions exceed $500, an amended registration form
which shall be accompanied by an additional fee of $15 $18 for such year.

      (e) All such fees received by or for the commission shall be remitted to the state trea-
surer at least monthly. Upon receipt of each such remittance, the state treasurer shall deposit
the entire amount in the state treasury to the credit of the governmental ethics commission
fee fund.

      Sec.  3. K.S.A. 1999 Supp. 46-265 is hereby amended to read as follows: 46-265. (a)
Every lobbyist shall register with the secretary of state by completing and signing a regis-
tration form prescribed and provided by the commission. Such registration shall show the
name and address of the lobbyist, the name and address of the person compensating the
lobbyist for lobbying, the purpose of the employment and the method of determining and
computing the compensation of the lobbyist. If the lobbyist is compensated or to be com-
pensated for lobbying by more than one employer or is to be engaged in more than one
employment, the relevant facts listed above shall be stated separately for each employer and
each employment. Whenever any new lobbying employment or lobbying position is accepted
by a lobbyist already registered as provided in this section, such lobbyist shall report the
same on forms prescribed and provided by the commission before engaging in any lobbying
activity related to such new employment or position, and such report shall be filed with the
secretary of state. When a lobbyist is an employee of a lobbying group or firm which con-
tracts to lobby and not an owner or partner of such entity, the lobbyist shall report each
client of the group, firm or entity whose interest the lobbyist represents. Whenever the
lobbying of a lobbyist concerns a legislative matter, the secretary of state promptly shall
transmit copies of each registration and each report filed under this act to the secretary of
the senate and the chief clerk of the house of representatives.

      (b) On or after October 1, in any year any person may register as a lobbyist under this
section for the succeeding calendar year. Such registration shall expire annually on Decem-
ber 31, of the year for which the lobbyist is registered. In any calendar year, before engaging
in lobbying, persons to whom this section applies shall register or renew their registration
as provided in this section. Except for employees of lobbying groups or firms, every person
registering or renewing registration who anticipates spending $1,000 or less for lobbying in
such registration year on behalf of any one employer shall pay to the secretary of state a fee
of $30 $36 for lobbying for each such employer. Except for employees of lobbying groups
or firms, every person registering or renewing registration who anticipates spending more
than $1,000 for lobbying in such registration year on behalf of any one employer shall pay
to the secretary of state a fee of $250 $300 for lobbying for such employer. Any lobbyist
who at the time of initial registration anticipated spending less than $1,000, on behalf of
any one employer, but at a later date spends in excess of such amount, within three days of
the date when expenditures exceed such amount, shall file an amended registration form
which shall be accompanied by an additional fee of $220 for such year. Every person reg-
istering or renewing registration as a lobbyist who is an employee of a lobbying group or
firm and not an owner or partner of such entity shall pay an annual fee of $300 $360. The
secretary of state shall remit all moneys received under this section to the state treasurer,
and the state treasurer shall deposit the same in the state treasury to the credit of the
governmental ethics commission fee fund.

      (c) Any person who has registered as a lobbyist pursuant to this act may file, upon
termination of such person's lobbying activities, a statement terminating such person's reg-
istration as a lobbyist. Such statement shall be on a form prescribed by the commission and
shall state the name and address of the lobbyist, the name and address of the person com-
pensating the lobbyist for lobbying and the date of the termination of the lobbyist's lobbying
activities.

      (d) No person who has failed or refused to pay any civil penalty imposed pursuant to
K.S.A. 46-280, and amendments thereto, shall be authorized or permitted to register as a
lobbyist in accordance with this section until such penalty has been paid in full.''

      And renumber the remaining sections accordingly;

      Also on page 1, in line 19, by striking ``(g)'' and inserting ``(f)''; in line 21, by striking ``(g)''
and inserting ``(f)'';

      On page 3, in line 8, by striking ``is'' and inserting ``and K.S.A. 1999 Supp. 25-4119f, 25-
4145 and 46-265 are''

      On page 1, in the title, in line 9, by striking ``state finances'' and inserting ``the govern-
mental ethics commission''; also in line 9, by striking ``for the''; in line 10, by striking ``gov-
ernmental ethics commission'' and inserting ``; fixing certain fees''; also in line 10, after ``75-
3717'' by inserting ``and K.S.A. 1999 Supp. 25-4119f, 25-4145 and 46-265''; in line 11, by
striking ``section'' and inserting ``sections''; and the bill be passed as amended.

      The Committee on Environment recommends SB 388, as amended by Senate Com-
mittee, be amended on page 1, in line 13, by striking ``This act'' and inserting ``Sections 1
through 13, and amendments thereto,''; in line 14, by striking ``this act'' and inserting ``sec-
tions 1 through 13, and amendments thereto''; in line 35, by striking all following ``means'';
in line 36, by striking all preceding the period, and inserting ``a defined area where water
rights authorizing diversion of water from a source of supply may be deposited and water
from the same source of supply may be leased, in accordance with the provisions of this
act, without causing impairment of existing water rights or a significantly different hydro-
logical effect to other users of water from the same source or hydraulically connected sources
of supply'';

      On page 2, in line 6, before ``enter'' by inserting ``be authorized to''; in line 8, by striking
``source of supply'' and inserting ``hydrologic unit''; in line 25, by striking ``water is'' and
inserting ``water right authorizing diversion of the water is'';

      On page 3, in line 33, by striking ``(a)''; in line 37, by striking ``(1)'' and inserting ``(a)''; in
line 38, by striking ``(2)'' and inserting ``(b)''; by striking all in lines 41 through 43;

      On page 4, by striking all in lines 1 through 4; in line 20, following ``bank'' by inserting
``has at least five members and''; in line 24, by striking all following ``for''; in line 25, by
striking all preceding ``as'' and inserting ``placement in a safe deposit account water from
the same hydrologic unit as another chartered bank or accept for deposit a water right that
authorizes diversion of water from the same hydrologic unit''; in line 38, by striking ``and'';
in line 42, by striking the semicolon; also in line 42, by striking the period and inserting:
``where corrective control provisions have reduced the allocation of groundwater to less than
the quantity previously authorized by water rights in the area;

      (8) the charter provides a procedure for resolution of complaints by bank participants
and others impacted by the bank policies, practices and operations; and

      (9) the charter ensures that the determination of the portion of a water right that is
bankable shall be subject to the following:

      (A) The determination shall be primarily based on a representative period of average
water consumption for the hydrologic unit from which water is authorized to be diverted
under the water right;

      (B) the method of determination shall not penalize past implementation of water con-
servation practices;

      (C) deposit of a portion of a water right for irrigation pursuant to subsection (a) of
section 3, and amendments thereto, shall not be allowed unless: (i) A proportional amount
of the authorized place of use of water diverted under the water right will not receive water
during the period that the water right is deposited in the bank; or (ii) the conservation
element is applied to the portion of the water right that is not deposited; and

      (D) the method of determining the portion of a water right that is bankable for purposes
of placing of water in a safe deposit account pursuant to subsection (c) of section 3, and
amendments thereto, shall include: (i) Consideration of the reasons why such water was
unused, including, but not limited to, adequate rainfall and the supply of water's being
unavailable for use; and (ii) criteria that assures the bank's safe deposit account operations
do not result in a net increase in consumptive use in the affected hydrologic unit.'';

      On page 5, by striking all in lines 3 and 4 and inserting the following:

      ``(c) Prior to July 1, 2001, not more than one water bank shall be chartered to operate
in the state. On or after July 1, 2001, and before July 1, 2002, not more than two additional
water banks shall be chartered to operate in the state. On or after July 1, 2002, and before
July 1, 2003, not more than two additional water banks shall be chartered to operate in the
state. On and after July 1, 2003, no additional water banks shall be chartered to operate in
the state until the first report of an evaluation team is submitted pursuant to section 7, and
amendments thereto.'';

      Also on page 5, in line 7, by striking ``6'' and inserting ``7''; following line 10, by inserting
the following:

      ``Sec.  6. (a) On or before February 10 of each year, each water bank shall submit to
the chief engineer a report containing the following:

      (1) With regard to water rights or portions of water rights on deposit in the bank during
the last year: (A) The total quantity of water authorized to be diverted annually pursuant to
each such water right or portion of a water right; (B) the total quantity of water used, by
purpose of use, and acres irrigated for the portion authorized to be used for irrigation,
during the last year as a result of leases of such water rights or portions of water rights; and
(C) the total quantity of water used, by purpose of use, and acres irrigated for the portion
authorized for irrigation pursuant to such water rights or portions of water rights during the
two years preceding the last year; and

      (2) with regard to water in each safe deposit account in the bank: (A) An accounting of
the total quantity of water placed in such accounts during the past year and a balance at
year end; (B) the total quantity of water used during the past year, and acres irrigated if an
irrigation water right, from the account; (C) the total quantity of water authorized to be
diverted annually, the quantity actually used and the acres irrigated, if an irrigation water
right, during the past year pursuant to the water rights or linked water rights related to such
account; and (E) the total quantity of water used and acres irrigated pursuant to such water
rights during the two years preceding the last year.

      (b) The chief engineer may require owners of water rights deposited in a water bank,
owners of water rights that have placed water in safety deposit accounts in a water bank and
persons leasing water from a water bank to file annual water use reports at a date earlier
than that provided by K.S.A. 82a-732, and amendments thereto.

      (c) The report required by this section shall be in the form prescribed by the chief
engineer.'';

      By renumbering sections accordingly;

      Also on page 5, in line 12, by striking all following ``the'' where it appears for the first
time; by striking all in lines 13 through 37 and inserting the following: ``director of the
Kansas geological survey shall convene a team to evaluate the operation of the bank. The
team shall consist of:

      (1) The director of the Kansas geological survey, or the director's designee, who shall
serve as chairperson of the team;

      (2) two members who represent water right holders and water users who have used the
bank's services, which members shall be selected by the governing body of the bank; and

      (3) members selected by the chief engineer as follows: (A) Two members engaged in
teaching or research at institutions of postsecondary education in subjects involving water
resources, including but not limited to water resources engineering and hydrology; (B) a
member who is an economist with knowledge and experience in water resources; (C) one
member having knowledge and experience in water law; (D) two members having knowledge
and experience in water policy issues and residing outside the bank boundary, who shall
represent the public interest; (E) one representative of each groundwater management
district located in whole or in part within the bank boundary; and (F) one representative of
each water assurance district located in whole or in part within the bank boundary.

      (b) The staff of the Kansas geological survey shall provide staff assistance to the eval-
uation team.'';

      On page 6, following line 26, by inserting the following:

      ``Sec.  10. (a) In addition to any other provision of this act or the Kansas water appro-
priation act, and subject to the provisions of subsection (b), the chief engineer may suspend
the use of water under a term permit, an approved application for a permit to appropriate
water for beneficial use, an appropriation right or a vested right, acquired pursuant to the
provisions of the Kansas water appropriation act, for the failure to comply with the provisions
of this act. The suspension may be for a defined period in a subsequent calendar year or
years but does not include or prevent the enforcement of the terms, conditions and limi-
tations of a water right or permit during the current year of use.

      (b) The chief engineer shall suspend the use of water under a permit or water right
pursuant to subsection (a) only upon notice and hearing in accordance with the provisions
of the Kansas administrative procedure act.

      (c) Orders of the chief engineer issued pursuant to this section are subject to review in
accordance with the provisions of K.S.A. 1999 Supp. 82a-1901, and amendments thereto.

      Sec.  11. Each water bank shall pay all costs incurred by the division and by the Kansas
geological survey for assistance and services provided pursuant to this act, including, but
not limited to, costs for personnel necessary to provide such assistance and services.

      Sec.  12. (a) There is hereby created in the state treasury the water resources cost fund.
The chief engineer shall remit to the state treasurer all moneys received by the division to
reimburse costs as required by section 11, and amendments thereto. Upon receipt, the state
treasurer shall deposit the entire amount in the state treasury and credit it to the water
resources cost fund.

      (b) Moneys in the water resources cost fund shall be expended only for the division's
costs of providing assistance and services as provided by this act.

      (c) On or before the 10th of each month, the director of accounts and reports shall
transfer from the state general fund to the water resources cost fund interest earnings based
on:

      (1) The average daily balance of moneys in the water resources cost fund for the pre-
ceding month; and

      (2) the net earnings rate for the pooled money investment portfolio for the preceding
month.

      (d) All expenditures from the water resources cost fund shall be made in accordance
with appropriation acts upon warrants of the director of accounts and reports issued pursuant
to vouchers approved by the chief engineer for the purposes set forth in this section.

      Sec.  13. (a) There is hereby created in the state treasury the geological survey cost
fund. The director of the Kansas geological survey shall remit to the state treasurer all
moneys received by the geological survey to reimburse costs as required by section 11, and
amendments thereto. Upon receipt, the state treasurer shall deposit the entire amount in
the state treasury and credit it to the geological survey cost fund.

      (b) Moneys in the geological survey cost fund shall be expended only for the Kansas
geological survey's costs of providing assistance and services as provided by this act.

      (c) On or before the 10th of each month, the director of accounts and reports shall
transfer from the state general fund to the geological survey cost fund interest earnings
based on:

      (1) The average daily balance of moneys in the geological survey cost fund for the
preceding month; and

      (2) the net earnings rate for the pooled money investment portfolio for the preceding
month.

      (d) All expenditures from the geological survey cost fund shall be made in accordance
with appropriation acts upon warrants of the director of accounts and reports issued pursuant
to vouchers approved by the director of the Kansas geological survey for the purposes set
forth in this section.'';

      By renumbering the remaining section accordingly;

      In the title, in line 10, following ``ACT'' by inserting ``concerning water rights; relating to
water banking;''; and the bill be passed as amended.

      The Committee on Health and Human Services recommends SB 541, as amended by
Senate Committee, be amended on page 2, in line 37, by striking ``or''; in line 38, by striking
the period and inserting ``; or''; after line 38, by inserting the following:

      ``(E) persons receiving inpatient hospice services.'';

      On page 10, in line 36, by striking ``statute book'' and inserting ``Kansas register'';

      In the title, in line 12, after the semicolon, by inserting ``institutional drug rooms;''; and
the bill be passed as amended.

      The Committee on Judiciary recommends SB 366, as amended by Senate Committee,
be amended on page 2, in line 32, after the period, by inserting ``Agricultural lien shall not
include statutory liens.'';

      On page 7, in line 13, after ``instrument'' where it appears for the last time, by inserting
``, a writing that would otherwise qualify as a certificate of deposit (defined in subsection (j)
of K.S.A. 84-3-104, and amendments thereto) but for the fact that the writing contains a
limitation on transfer,'';

      On page 11, after line 8, by inserting the following:

      ``(77) ``Statutory lien'' means liens created by K.S.A. 2-1319, 2-2608, 2-3007, 34-239, 47-
836, 58-201, 58-203, 58-204, 58-207, 58-218, 58-220, 58-221, 58-241, 58-242, 58-2524, 58-
2525, 58-2526, 58-2527, 58-2528 and 84-7-209, and amendments thereto.''

      Also on page 11, in line 9, by striking ``(77)'' and inserting ``(78)''; in line 13, by striking
``(78)'' and inserting ``(79)''; in line 16, by striking ``(79)'' and inserting ``(80)''; in line 22, by
striking ``(80)'' and inserting ``(81)'';

      On page 13, in line 18, by striking all after ``payment''; in line 19, by striking all before
``the'' and inserting ``. If''; in line 34, by striking ``in non-''; by striking all of line 35; in line
36, by striking ``goods transaction, a'' and inserting ``. A'';

      On page 14, in line 1, by striking all after ``proof''; in line 2, by striking all before ``secured''
and inserting ``. A'', by striking all of lines 6 through 12;

      On page 16, in line 43, following ``a'' by inserting ``statutory''; also in line 43, prior to
``given'' by inserting ``or a lien'';

      On page 17, in line 39, by striking ``or''; in line 42, before the period by inserting:

      ``; or

      (14) an assignment of rights in or under:

      (A) A claim or right to receive benefits under any workers compensation, industrial
accident or similar statute or regulation which provides benefits for occupational injury or
illness; or

      (B) a deferred payment or benefit arrangement that enables a participant to exclude or
defer recognition of income for purposes of federal or state income taxation'';

      On page 18, in line 17, after ``consumers'' by inserting ``, to any other statute or rule and
regulation of this state that regulates the rates, charges, agreements, and practices for loans,
credit sales, or other extensions of credit, and to any consumer protection statute or rule
and regulation of this state''; in line 18, before ``58-207'' by inserting ``58-203, 58-204,''; also
in line 18, before ``58-220'' by inserting ``58-218,'';

      On page 32, in line 4, by striking all after ``perfection''; in line 5, by striking ``of this state'';

      On page 50, in line 35, after ``law'', by inserting ``of this state'';

      On page 59, in line 31, after ``regulations'' by inserting ``of this state'';

      On page 61, after line 41, by inserting:

      ``(4) if the debtors are married debtors jointly engaged in business and it is unclear
whether a partnership exists, the financing statement may be filed in the names of the
individual debtors;''

      Also on page 61, in line 42, by striking ``(4)'' and inserting ``(5)'';

      On page 87, in line 14, by striking all after ``sufficient''; in line 15, by striking all before
``notification'' and inserting ``. A'';

      On page 98, in line 35, by striking ``(a)''; in line 36, by striking the comma; in line 37, by
striking all before ``in'';

      On page 99, by striking all of lines 25 through 30; and the bill be passed as amended.

      The Committee on Judiciary recommends SB 429 be amended on page 1, after line 13,
by inserting the following:

      ``New Section  1. (a) Whenever a nonresident or a person who is unlicensed is convicted
of any offense or is subject to a juvenile adjudication or an order of the division which would
require the revocation or suspension of a driver's license, if the person had been issued a
driver's license by the division, such nonresident's privilege to operate a motor vehicle in
this state or such unlicensed person's privilege of obtaining a driver's license issued by the
division shall be revoked or suspended. Such revocation or suspension shall be for a period
of time equal to the period of time that the driver's license of a licensed driver would be
revoked or suspended. If the driving privileges of a licensed driver would be restricted by
a court or the division, the driving privileges of a nonresident shall be restricted in the same
manner. If the driving privileges of a licensed driver would be restricted by a court or the
division, an unlicensed driver shall be eligible to apply for a driver's license during the period
of restriction, but any license issued shall be subject to the same restrictions which would
apply to a licensed driver.

      (b) The division is hereby authorized to create a record with an identifying number and
other identifying information, including address and date of birth, if known, for any non-
resident or unlicensed driver subject to paragraph (a) of this section. Such record shall
include information showing any revocation, suspension or restriction entered under para-
graph (a) and the reason for such action in the same manner that records are maintained
for licensed drivers, pursuant to K.S.A. 8-249 and amendments thereto. If any such person
becomes a licensed driver, the information contained in such record shall be included in
the person's driving record maintained by the division.

      (c) The purpose of this section is to make nonresident and unlicensed drivers subject
to the same driving sanctions as licensed residents.

      (d) This section shall be part of and supplemental to the motor vehicle drivers' license
act, article 2 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto.

      Sec.  2. K.S.A. 1999 Supp. 8-255 is hereby amended to read as follows: 8-255. (a) The
division is authorized to suspend or revoke a person's driving privileges upon a showing by
its records or other sufficient evidence the person:

      (1) Has been convicted with such frequency of serious offenses against traffic regula-
tions governing the movement of vehicles as to indicate a disrespect for traffic laws and a
disregard for the safety of other persons on the highways;

      (2) has been convicted of three or more moving traffic violations committed on separate
occasions within a 12-month period;

      (3) is incompetent to drive a motor vehicle;

      (4) has been convicted of a moving traffic violation, committed at a time when the
person's driving privileges were suspended or revoked; or

      (5) is a member of the armed forces of the United States stationed at a military instal-
lation located in the state of Kansas, and the authorities of the military establishment certify
that such person's on-base driving privileges have been suspended, by action of the proper
military authorities, for violating the rules and regulations of the military installation gov-
erning the movement of vehicular traffic or for any other reason relating to the person's
inability to exercise ordinary and reasonable control in the operation of a motor vehicle.

      (b) The division shall suspend a person's driving privileges when required by K.S.A. 8-
262 or, 8-1014 or 41-727, and amendments thereto, and shall disqualify a person's privilege
to drive commercial motor vehicles when required by K.S.A. 8-2,142, and amendments
thereto.

      (c) When the action by the division suspending, revoking or disqualifying a person's
driving privileges is based upon a report of a conviction or convictions from a convicting
court, the person may not request a hearing but, within 30 days after notice of suspension,
revocation or disqualification is mailed, may submit a written request for administrative
review and provide evidence to the division to show the person whose driving privileges
have been suspended, revoked or disqualified by the division was not convicted of the
offense upon which the suspension, revocation or disqualification is based. Within 30 days
of its receipt of the request for administrative review, the division shall notify the person
whether the suspension, revocation or disqualification has been affirmed or set aside. The
request for administrative review shall not stay any action taken by the division.

      (d) Upon suspending, revoking or disqualifying the driving privileges of any person as
authorized by this act, the division shall immediately notify the person in writing. Except as
provided by K.S.A. 8-1002 and 8-2,145, and amendments thereto, and subsection (c) of this
section, if the person makes a written request for hearing within 30 days after such notice
of suspension or revocation is mailed, the division shall afford the person an opportunity
for a hearing as early as practical not sooner than five days nor more than 30 days after such
request is mailed. If the division has not revoked or suspended the person's driving privileges
or vehicle registration prior to the hearing, the hearing may be held within not to exceed
45 days. Except as provided by K.S.A. 8-1002 and 8-2,145, and amendments thereto, the
hearing shall be held in the person's county of residence or a county adjacent thereto, unless
the division and the person agree that the hearing may be held in some other county. Upon
the hearing, the director or the director's duly authorized agent may administer oaths and
may issue subpoenas for the attendance of witnesses and the production of relevant books
and papers and may require an examination or reexamination of the person. When the action
proposed or taken by the division is authorized but not required, the division, upon the
hearing, shall either rescind or affirm its order of suspension or revocation or, good cause
appearing therefor, extend the suspension of the person's driving privileges, modify the
terms of the suspension or revoke the person's driving privileges. When the action proposed
or taken by the division is required, the division, upon the hearing, shall either affirm its
order of suspension, revocation or disqualification, or, good cause appearing therefor, dis-
miss the administrative action. If the person fails to request a hearing within the time
prescribed or if, after a hearing, the order of suspension, revocation or disqualification is
upheld, the person shall surrender to the division, upon proper demand, any driver's license
in the person's possession.

      (e) In case of failure on the part of any person to comply with any subpoena issued in
behalf of the division or the refusal of any witness to testify to any matters regarding which
the witness may be lawfully interrogated, the district court of any county, on application of
the division, may compel obedience by proceedings for contempt, as in the case of diso-
bedience of the requirements of a subpoena issued from the court or a refusal to testify in
the court. Each witness who appears before the director or the director's duly authorized
agent by order or subpoena, other than an officer or employee of the state or of a political
subdivision of the state, shall receive for the witness' attendance the fees and mileage pro-
vided for witnesses in civil cases in courts of record, which shall be audited and paid upon
the presentation of proper vouchers sworn to by the witness.

      (f) The division, in the interest of traffic and safety, may establish driver improvement
clinics throughout the state and, upon reviewing the driving record of a person whose driving
privileges are subject to suspension under subsection (a)(2), may permit the person to retain
such person's driving privileges by attending a driver improvement clinic. A person who is
required to attend a driver improvement clinic shall pay a fee of $15. Amounts received
under this subsection shall be remitted at least monthly to the state treasurer who shall
deposit the same in the state treasury and shall be credited to the division of vehicles
operating fund.

      Sec.  3. K.S.A. 8-258 is hereby amended to read as follows: 8-258. Any resident or
nonresident, whose license to operate a motor vehicle in this state has been suspended or
revoked as provided in this act, or whose privilege to obtain a driver's license has been
suspended or revoked pursuant to section 1, and amendments thereto, shall not operate a
motor vehicle in this state under a license, permit, or registration certificate issued by any
other jurisdiction or otherwise during such suspension or after such revocation until a new
license is obtained when and as permitted under this act.

      Sec.  4. K.S.A. 1999 Supp. 8-262 is hereby amended to read as follows: 8-262. (a) (1)
Any person who drives a motor vehicle on any highway of this state at a time when such
person's privilege so to do is canceled, suspended or revoked or while such person's privilege
to obtain a driver's license is suspended or revoked pursuant to section 1, and amendments
thereto, shall be guilty of a: (A) Class B nonperson misdemeanor on the first conviction; and
(B) class A nonperson misdemeanor on the second conviction or subsequent conviction.

      (2) No person shall be convicted under this section if such person was entitled at the
time of arrest under K.S.A. 8-257, and amendments thereto, to the return of such person's
driver's license or was, at the time of arrest, eligible under K.S.A. 8-256, and amendments
thereto, to apply for a new license to operate a motor vehicle.

      (3) Except as otherwise provided by subsection (a)(4), every person convicted under
this section shall be sentenced to at least five days' imprisonment and fined at least $100
and upon a second or subsequent conviction shall not be eligible for parole until completion
of five days' imprisonment.

      (4) If a person (A) is convicted of a violation of this section, committed while the person's
privilege to drive or privilege to obtain a driver's license was suspended or revoked for a
violation of K.S.A. 8-1567, and amendments thereto, or any ordinance of any city or a law
of another state, which ordinance or law prohibits the acts prohibited by that statute, and
(B) is or has been also convicted of a violation of K.S.A. 8-1567, and amendments thereto,
or of a municipal ordinance or law of another state, which ordinance or law prohibits the
acts prohibited by that statute, committed while the person's privilege to drive or privilege
to obtain a driver's license was so suspended or revoked, the person shall not be eligible for
suspension of sentence, probation or parole until the person has served at least 90 days'
imprisonment, and any fine imposed on such person shall be in addition to such a term of
imprisonment.

      (b) The division, upon receiving a record of the conviction of any person under this
section, or any ordinance of any city or a law of another state which is in substantial con-
formity with this section, upon a charge of driving a vehicle while the license of such person
is revoked or suspended, shall extend the period of such suspension or revocation for an
additional period of 90 days.

      (c) In addition to extension of the period of suspension or revocation under subsection
(b), if the conviction is for a violation committed after June 30, 1994, and before July 1,
1996, and committed while the person's driving privileges are suspended pursuant to K.S.A.
8-1014 and amendments thereto, the division, upon completion of the extended period of
suspension, shall restrict the person's driving privileges for an additional 120 days to driving
only a motor vehicle equipped with an ignition interlock device, as defined by K.S.A. 8-
1013 and amendments thereto, approved by the division and obtained, installed and main-
tained at the person's expense.

      On or before February 1, 1996, the division shall report to the legislature regarding the
use of the provisions of this subsection and making recommendations concerning continu-
ation or modification of such provisions.

      (d) For the purposes of determining whether a conviction is a first, second or subsequent
conviction in sentencing under this section, ``conviction'' includes a conviction of a violation
of any ordinance of any city or a law of another state which is in substantial conformity with
this section.

      Sec.  5. K.S.A. 8-285 is hereby amended to read as follows: 8-285. Except as otherwise
provided in this section, as used in this act, the words and phrases defined in K.S.A. 8-234a
and amendments thereto shall have the meanings ascribed to them therein. The term
``habitual violator'' means any resident or nonresident person who, within the immediately
preceding five years, has been convicted in this or any other state:

      (a) Three or more times of:

      (1) Vehicular homicide, as defined by K.S.A. 21-3405 and amendments thereto or as
prohibited by any ordinance of any city in this state or any law of another state which is in
substantial conformity with that statute;

      (2) violating K.S.A. 8-1567 and amendments thereto, or violating an ordinance of any
city in this state or any law of another state, which ordinance or law declares to be unlawful
the acts prohibited by that statute;

      (3) driving while the privilege to operate a motor vehicle on the public highways of this
state has been canceled, suspended or revoked, as prohibited by K.S.A. 8-262 and amend-
ments thereto, or while such person's privilege to obtain a driver's license is suspended or
revoked pursuant to section 1, and amendments thereto, or as prohibited by any ordinance
of any city in this state or any law of another state which is in substantial conformity with
that statute those statutes;

      (4) perjury resulting from a violation of K.S.A. 8-261a and amendments thereto or re-
sulting from the violation of a law of another state which is in substantial conformity with
that statute;

      (5) violating the provisions of the fifth clause of K.S.A. 8-142 and amendments thereto,
relating to fraudulent applications, or violating the provisions of a law of another state which
is in substantial conformity with that statute;

      (6) any crime punishable as a felony, if a motor vehicle was used in the perpetration of
the crime;

      (7) failing to stop at the scene of an accident and perform the duties required by K.S.A.
8-1602 through 8-1604, and amendments thereto, or required by any ordinance of any city
in this state or a law of another state which is in substantial conformity with those statutes;
or

      (8) violating the provisions of K.S.A. 40-3104 and amendments thereto, relating to motor
vehicle liability insurance coverage or an ordinance of any city in this state, which is in
substantial conformity with such statute.

      (b) Three or more times, either singly or in combination, of any of the offenses enu-
merated in subsection (a).

      For the purpose of subsection (a)(2), in addition to the definition of ``conviction'' other-
wise provided by law, conviction includes, but is not limited to, a diversion agreement
entered into in lieu of further criminal proceedings, or a plea of nolo contendere, on a
complaint, indictment, information, citation or notice to appear alleging a violation of K.S.A.
8-1567 and amendments thereto or an ordinance of a city in this state or law of another
state, which ordinance or law prohibits the acts prohibited by that statute.

      Sec.  6. K.S.A. 1999 Supp. 41-727 is hereby amended to read as follows: 41-727. (a)
Except with regard to serving of alcoholic liquor or cereal malt beverage as permitted by
K.S.A. 41-308a, 41-308b, 41-2610 or 41-2704, and amendments thereto, no person under
21 years of age shall possess, consume, obtain, purchase or attempt to obtain or purchase
alcoholic liquor or cereal malt beverage except as authorized by law.

      (b) Violation of this section by a person 18 or more years of age but less than 21 years
of age is a class C misdemeanor for which the minimum fine is $200.

      (c) Any person less than 18 years of age who violates this section is a juvenile offender
under the Kansas juvenile justice code. Upon adjudication thereof and as a condition of
disposition, the court shall require the offender to pay a fine of not less than $200 nor more
than $500.

      (d) In addition to any other penalty provided for a violation of this section,:
      (1) The court may order the offender to do either or both of the following:

      (1) (A) Perform 40 hours of public service; or

      (2) (B) attend and satisfactorily complete a suitable educational or training program
dealing with the effects of alcohol or other chemical substances when ingested by humans.;
and
      (2) the court shall order the division of vehicles to suspend the driving privileges of such
offender for one year.

      (e) This section shall not apply to the possession and consumption of cereal malt bev-
erage by a person under the legal age for consumption of cereal malt beverage when such
possession and consumption is permitted and supervised, and such beverage is furnished,
by the person's parent or legal guardian.

      (f) Any city ordinance or county resolution prohibiting the acts prohibited by this section
shall provide a minimum penalty which is not less than the minimum penalty prescribed by
this section.

      (g) This section shall be part of and supplemental to the Kansas liquor control act.'';

      And by renumbering sections accordingly;

      On page 6, in line 14, after ``K.S.A.'' by inserting ``8-258 and 8-285 and K.S.A.''; also in
line 14, after ``Supp.'' by inserting ``8-255, 8-262,''; also in line 14, by striking ``and'' and
inserting a comma; also in line 14, after ``8-1014'' by inserting ``and 41-727'';

      In the title, in line 9, by striking ``under the influence of alcohol or drugs''; in line 10,
after ``K.S.A.'' by inserting ``8-258 and 8-285 and K.S.A.''; also in line 10, after ``Supp.'' by
inserting ``8-255, 8-262,''; in line 11, by striking ``and'' where it appears for the first time
and inserting a comma; also in line 11, after ``8-1014'' by inserting ``and 41-727''; and the
bill be passed as amended.

      The Committee on Judiciary recommends SB 431, as amended by Senate Committee
of the Whole, be amended on page 1, by striking all in lines 19 through 21; in line 22, by
striking ``(2)'' and inserting ``(1)''; in line 27, by striking ``(3)'' and inserting ``(2)''; in line 37,
by striking ``(4)'' and inserting ``(3)''; and the bill be passed as amended.

      The Committee on Judiciary recommends SB 491, as amended by Senate Committee,
be amended on page 24, in line 18, by striking ``and'' where it appears for the last time and
inserting a comma; in line 19, after ``and'' where it appears for the first time, by inserting
``75-52,129 and''; and the bill be passed as amended.

      The Kansas 2000 Select Committee recommends SB 138 be amended by substituting
a new bill to be designated as ``House Substitute for SENATE BILL No. 138,'' as follows:

  ``HOUSE Substitute for SENATE BILL No. 138
By Kansas 2000 Select Committee

``AN  ACT relating to public employment; concerning personnel disciplinary actions, policies
      and procedures; compensation and benefits; retirement provisions; retirement and ben-
      efits related to certain elected public service; procedures, benefits and property dispo-
      sitions related to persons laid off due to closed institutions or transferred functions;
      amending K.S.A. 74-4914c, 75-2929d, 75-2949, 75-4370, 75-4371, 75-4372, 75-4373,
      75-4374, 75-4375 and 75-4376 and K.S.A. 1999 Supp. 46-233 and 75-6801 and repealing
      the existing sections.'';

              and the substitute bill be passed.

              (H. Sub for SB 138 was thereupon introduced and read by title.)

      MESSAGES FROM THE GOVERNOR
 HB 2675 approved on March 22, 2000.

MESSAGE FROM THE SENATE
 Announcing passage of SB 651; Sub. SB 652; SB 657.

 Announcing passage of HB 2663, 2745, 2754, 2769, 2844, 2928, 2997.
 Announcing passage of Sub. HB 2527, as amended.

 Announcing adoption of SCR 1645.

 The Senate concurs in House amendments to SB 445.

 The Senate concurs in House amendments to SB 503.

INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
 The following Senate bills and concurrent resolution were thereupon introduced and read
by title:

   SB 651; Sub. SB 652; SB 657; SCR 1645.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 Speaker pro tem Mays announced the referral of SCR 1645 to Committee of the Whole.

REPORT ON ENGROSSED BILLS
 HB 2923 reported correctly engrossed March 21, 2000.

 Also, HB 3011 reported correctly engrossed March 22, 2000.

 Also, HB 2538 reported correctly re-engrossed March 22, 2000.

     On motion of Rep. Glasscock, the House adjourned until 9:00 a.m., Thursday, March 23,
2000.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.