March 20, 2000
Journal of the Senate
FORTY-NINTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Monday, March 20, 2000--2:30 p.m. |
The Senate was called to order by Vice-President Alicia L. Salisbury.
The roll was called with forty senators present.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
As a legislator my spiritual batteries need recharging.
As I wrestle with divisive issues I need Your help on how to deal with people whom I
really like, but with whom I totally disagree.
I need your help, O God, to keep on living up to the ideals with which I came to this
place.
I need your help, O God, to not only be true to my goals, but not to resort to unworthy
means to meet them.
Augustine once said, ``Without God we can't;
Without us God won't''
I guess what I'm saying, Lord, is that when I have finished my work here, I want to be
able to look back and not be embarrassed by anything I did.
But I know I cannot do that without Your strength and Your wisdom----so I pray for
both in Jesus' Name.
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 665, An act concerning crimes, criminal procedure and punishment; relating to
probation; revocation of nonprison sanction for certain offenders; amending K.S.A. 22-3716
and K.S.A. 1999 Supp. 21-4611 and repealing the existing sections, by Committee on Ways
and Means.
SB 666, An act enacting the plumbing, mechanical, heating, refrigeration, air-
conditioning and ventilation certification law and protection act; regulating such practices
and prescribing certain guidelines and powers, duties and functions for the state board of
technical professions; establishing the Kansas state advisory board of plumbing and
mechanical, heating, ventilation, refrigeration and air-conditioning, by Committee on
Federal and State Affairs.
SB 667, An act concerning racing and gaming; concerning electronic gaming machines;
amending K.S.A. 74-8702 and K.S.A. 1999 Supp. 19-101a and 74-8723 and repealing the
existing sections; also repealing K.S.A. 19-101j, by Committee on Federal and State Affairs.
CHANGE OF REFERENCE
The Vice-President withdrew Sub SB 633 from the calendar under the heading of
General Orders, and referred the bill to the Committee on Judiciary.
COMMUNICATIONS FROM STATE OFFICERS
KANSAS BUREAU OF INVESTIGATION
March 16, 2000
In compliance with K.S.A. 60-4117, Larry Welch, Director, Kansas Bureau of
Investigation, submitted a report to the Legislature regarding the status of the KBI State
Forfeiture Fund.
KANSAS PERFORMANCE REVIEW BOARD
March 17, 2000
Dale K. Davis, Chairman, Kansas Review Board, submitted a report on the State Printing
Operations.
The Vice-President announced the above reports are on file in the office of the Secretary
of the Senate and are available for review at any time.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2603.
Also, passage of SB 472.
Passage of SB 412, as amended, 445, as amended, 470, as amended.
The House did not concur in Senate amendments to Senate Substitute for Substitute
HB 2581.
The House nonconcurs in Senate amendments to HB 2659, requests a conference and
has appointed Reps. Freeborn, Ray and Flora as conferees on the part of the House.
The House nonconcurs in Senate amendments to HB 2660, requests a conference and
has appointed Reps. Adkins, Neufeld and Feuerborn as conferees on the part of the House.
The House nonconcurs in Senate amendments to HCR 5059, requests a conference and
has appointed Reps. Mason, Vickery and Kuether as conferees on the part of the House.
Announcing passage of SB 441.
The House concurs in Senate amendments to HB 2622.
The House concurs in Senate amendments to HB 2854.
The House nonconcurs in Senate amendments to Senate Substitute for HB 2476,
requests a conference and has appointed Reps. Tanner, Empson and Phelps as conferees
on the part of the House.
The House nonconcurs in Senate amendments to HB 2810, requests a conference and
has appointed Reps. Tanner, Empson and Helgerson as conferees on the part of the House.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2603 was thereupon introduced and read by title.
ORIGINAL MOTION
On motion of Senator Corbin, the Senate acceded to the request of the House for a
conference on HB 2659.
The Vice-President appointed Senators Corbin, Morris and Biggs as conferees on the part
of the Senate.
On motion of Senator Ranson, the Senate acceded to the request of the House for a
conference on HCR 5059.
The Vice-President appointed Senators Salisbury, Ranson and Barone as conferees on
the part of the Senate.
REPORTS OF STANDING COMMITTEES
Committee on Commerce recommends HB 2945 be amended by substituting a new
bill to be designated as ``Senate Substitute for HOUSE BILL No. 2945,'' as follows:
``SENATE Substitute for HOUSE BILL No. 2945
By Committee on Commerce
``AN ACT relating to telecommunications services; establishing the enhanced 911 task
force.'';
and the substitute bill be passed.
Committee on Elections and Local Government recommends HB 2328, as amended
by House Committee of the Whole, be amended on page 7, in line 9, after ``mailed'' by
inserting ``, faxed''; in line 10, before the period, by inserting ``within 48 hours after such
application is signed by the applicant''; in line 34, by striking ``statute book'' and inserting
``Kansas register''; and the bill be passed as amended.
Committee on Energy and Natural Resources recommends HB 2975, as amended
by House Committee, be passed.
Also, HB 2727 be amended on page 2, in line 26, after the period, by inserting:
``The secretary, upon written request from a landowner or tenant, shall issue two special
hunt-on-your-own-land deer permits for each 80 acres owned or leased by such applicant,
but the total number of such permits issued to a landowner or tenant shall not exceed 5.
The owner or tenant may assign such permits, by endorsement thereon, with or without
consideration, to any licensed resident or nonresident hunter.''; and the bill be passed as
amended.
Committee on Financial Institutions and Insurance recommends HB 2005, as
amended by House Committee, be amended by substituting a new bill to be designated as
``SENATE Substitute for HOUSE BILL No. 2005,'' as follows:
``SENATE Substitute for HOUSE BILL No. 2005
By Committee on Financial Institutions and Insurance
``AN ACT relating to insurance; concerning risk-based capital requirements; concerning
health care; concerning accounting procedures and investments by insurance companies;
concerning mortgage guaranty insurance companies; amending K.S.A. 40-12a09, 40-
2a23 and 40-2b22 and K.S.A. 1999 Supp. 40-2c01, 40-2121, 40-2209f, 40-2209m and
40-3502 and repealing the existing sections; also repealing K.S.A. 40-2a15 and 40-2b14.'';
and the substitute bill be passed.
Committee on Judiciary recommends HB 2648, as amended by House Committee, be
amended on page 3, in line 14, by striking ``1.'' and inserting the following:
``New Section 1. (a) Notwithstanding the provisions of subsection (b) of K.S.A. 58-3953,
and amendments thereto, United States savings bonds which are unclaimed property and
subject to the provisions of K.S.A. 58-3934 et seq., and amendments thereto, shall escheat
to the state of Kansas three years after becoming unclaimed property and subject to the
provisions of K.S.A. 58-3934 et seq., and amendments thereto, and all property rights to
such United States savings bonds or proceeds from such bonds shall vest solely in the state
of Kansas.
(b) Within 180 days after the three years in subsection (a), if no claim has been filed in
accordance with the provisions of K.S.A. 58-3934 et seq., and amendments thereto, for such
United States savings bonds, the administrator shall commence a civil action in the district
court of Shawnee county for a determination that such United States savings bonds shall
escheat to the state. The administrator may postpone the bringing of such action until
sufficient United States savings bonds have accumulated in the administrators custody to
justify the expense of such proceedings.
(c) At the time such action is commenced, under subsection (b), the administrator shall
cause notice to be published once each week for two successive weeks in a newspaper having
general circulation in the county in which is situated the last known address of the owner
according to the records of the administrator, except that such notice shall be limited to
those items having a fair market value, on the date of the action, of more than $50. If no
address is listed, the notice shall be published in the county in which the holder of the
abandoned property has such holder's principal place of business within the state. Such
notice shall be entitled ``Notice of Proceedings to Declare Certain Abandoned United States
Savings Bonds Escheated to the State of Kansas'' and shall include the following matters:
(1) The name and last known address of the owner, if previously reported;
(2) a statement that the property was unclaimed for five years while in the possession
of the prior holder or holders and was unclaimed for three years after it was paid or delivered
to the administrator pursuant to K.S.A. 58-3934 et seq., and amendments thereto, or become
subject to the provisions of K.S.A. 58-3934 et seq., and amendments thereto;
(3) a statement that a complaint has been filed in the action for escheat;
(4) the place, time and date of the hearing; and
(5) a direction that unless any person claiming to be entitled to such United States
savings bonds or such person's representative, makes claim for the property in accordance
with K.S.A. 58-3957, and amendments thereto, before the hearing or appears at the hearing
to substantiate such person's claim, the property shall escheat to the state.
(d) Also at the time such action is commenced, the administrator shall mail to the last
known address of the owner according to the records of the administrator a notice alike in
all respects to the published notice required under subsection (c).
(e) If no person shall file a claim or appear at the hearing to substantiate a claim or
where the court shall determine that a claimant is not entitled to the property claimed by
such claimant, then the court, if satisfied by evidence that the administrator has substantially
complied with this section, shall enter a judgment that the subject United States savings
bonds have escheated to the state.
(f) The administrator shall redeem such United States savings bonds escheated to the
state and the proceeds from such redemption of United States savings bonds shall be
deposited in the state general fund in accordance with the provisions of K.S.A. 58-3956, and
amendments thereto.
New Sec. 2. Any person making a claim for the United States savings bonds escheated
to the state under section 1, and amendments thereto, or for the proceeds from such bonds,
may file a claim in accordance with the provisions of K.S.A. 58-3934, et seq., and
amendments thereto. Upon providing sufficient proof the validity of such person's claim,
the administrator may pay such claim in accordance with the provisions of K.S.A. 58-3934
et seq., and amendments thereto.
Sec. 3. K.S.A. 1999 Supp. 58-3934 is hereby amended to read as follows: 58-3934. As
used in this act:
(a) ``Administrator'' means the state treasurer.
(b) ``Apparent owner'' means the person whose name appears on the records of the
holder as the person entitled to property held, issued or owing by the holder.
(c) ``Business association'' means a corporation, joint-stock company, investment
company, partnership, unincorporated association, joint venture, limited liability company,
business trust, trust company, land bank, safe deposit company, safekeeping depository,
financial organization, insurance company, mutual fund, utility or, other business entity
consisting of one or more persons, whether or not for profit or the United States government
or any agency or subdivision thereof.
(d) ``Domicile'' means the state of incorporation of a corporation and the state of the
principal place of business of a holder other than a corporation.
(e) ``Financial organization'' means a savings and loan association, building and loan
association, savings bank, industrial bank, bank, banking organization or credit union.
(f) ``Holder'' means a person obligated to hold for the account of, or deliver or pay to,
the owner property that is subject to this act.
(g) ``Insurance company'' means an association, corporation, fraternal or mutual benefit
organization, whether or not for profit, engaged in the business of providing life
endowments, annuities or insurance, including accident, burial, casualty, credit life, contract
performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice,
marine, mortgage, surety, wage protection and workers compensation insurance.
(h) ``Last known address'' means a description of the location of the apparent owner
sufficient for the purpose of the delivery of mail.
(i) ``Mineral'' means oil, gas, uranium, sulphur, lignite, coal and any other substance
that is ordinarily and naturally considered a mineral, regardless of the depth at which the
oil, gas, uranium, sulphur, lignite, coal or other substance is found.
(j) ``Mineral proceeds'' means amounts payable for the extraction, production or sale of
minerals, or, upon abandonment of those payments, all payments that become payable
thereafter. The term includes amounts payable:
(1) For the acquisition and retention of a mineral lease, including bonuses, royalties,
compensatory royalties, shut-in royalties, minimum royalties and delay rentals;
(2) for the extraction, production or sale of minerals, including net revenue interests,
royalties, overriding royalties, extraction payments and production payments; and
(3) under an agreement or option, including a joint operating agreement, unit
agreement, pooling agreement and farm-out agreement.
(k) ``Money order'' includes an express money order and a personal money order, on
which the remitter is the purchaser. The term does not include a bank money order or any
other instrument sold by a financial organization if the seller has obtained the name and
address of the payee.
(l) ``Owner'' means a person who has a legal or equitable interest in property subject to
this act or the person's legal representative. The term includes a depositor in the case of a
deposit, a beneficiary in the case of a trust other than a deposit in trust and a creditor,
claimant or payee in the case of other property.
(m) ``Person'' means an individual, business association, financial organization, estate,
trust, state or other government, governmental subdivision, agency or instrumentality or any
other legal or commercial entity.
(n) ``Property'' means tangible property described in K.S.A. 58-3939 and amendments
thereto, or a fixed and certain interest in intangible property that is held, issued or owed in
the course of a holder's business, or by a state or other government, governmental
subdivision, agency or instrumentality and all income or increments therefrom. The term
includes property that is referred to as or evidenced by:
(1) Money, a check, draft, deposit, interest or dividend;
(2) credit balance, customer's overpayment, security deposit, refund, credit
memorandum, unpaid wage, mineral proceeds or unidentified remittance;
(3) stock or other evidence of ownership of an interest in a business association or
financial organization;
(4) a bond, debenture, note or other evidence of indebtedness;
(5) money deposited to redeem stocks, bonds, coupons or other securities or to make
distributions;
(6) an amount due and payable under the terms of an annuity or insurance policy,
including policies providing life insurance, property and casualty insurance, workers
compensation insurance or health and disability insurance; and
(7) an amount distributable from a trust or custodial fund established under a plan to
provide health, welfare, pension, vacation, severance, retirement, death, stock purchase,
profit sharing, employee savings, supplemental unemployment insurance or similar benefits.
(o) ``Record'' means information that is inscribed on a tangible medium or that is stored
in an electronic or other medium and is retrievable in a perceivable form.
(p) ``State'' means any state of the United States, the District of Columbia, the
commonwealth of Puerto Rico or any territory, insular possession or any other area subject
to the jurisdiction of the United States.
(q) ``Utility'' means a person who owns or operates for public use any plant, equipment,
property, franchise or license for the transmission of communications or the production,
storage, transmission, sale, delivery or furnishing of electricity, water, steam or gas.
Sec. 4. '';
By renumbering sections accordingly;
On page 8, following line 36, by inserting the following:
``Sec. 7. K.S.A. 58-3956 is hereby amended to read as follows: 58-3956. (a) Except as
otherwise provided by this section, the administrator shall promptly deposit in the state
general fund all funds received under this act, including the proceeds, from the sale of
abandoned property under K.S.A. 58-3955 and amendments thereto, and the proceeds from
the redemption of United States savings bonds under section 1, and amendments thereto.
The unclaimed property claims fund is hereby created in the state treasury. The
administrator shall credit moneys to the unclaimed property claims fund sufficient for the
prompt payment of claims duly allowed by the administrator. The unclaimed property claims
fund shall be in an amount of not less than $100,000. Before making the deposit, the
administrator shall record the name and last known address of each person appearing from
the holders' reports to be entitled to the property and the name and last known address of
each insured person or annuitant and beneficiary and with respect to each policy or contract
listed in the report of an insurance company its number, the name of the company and the
amount due. The record shall be available for public inspection at all reasonable business
hours.
(b) Before making any deposit to the credit of the state general fund, the administrator
may deduct and credit to the unclaimed property expense fund which is hereby created in
the state treasury:
(1) Any costs in connection with the sale of abandoned property;
(2) costs of mailing and publication in connection with any abandoned property;
(3) operating expenses; and
(4) costs incurred in examining records of holders of property and in collecting the
property from those holders.
Sec. 8. K.S.A. 58-3965 is hereby amended to read as follows: 58-3965. (a) The
administrator, for and on behalf of this state, may commence an action in a district court
of Kansas:
(1) For an adjudication that certain property is unclaimed and payable or distributable
to the administrator;
(2) to compel presentation of a report or payment or distribution of property to the
administrator;
(3) to enforce the duty of a person to permit the examination or audit of the records of
that person;
(4) to enjoin any act that violates the public policy or provisions of this act; or
(5) to enforce any aspect of this act in any manner.
(b) The administrator may commence such an action in the following situations:
(1) The holder is a person domiciled in this state or is a governmental entity of this
state;
(2) the holder is a person engaged in or transacting any business in this state, although
not domiciled in this state; or
(3) the subject matter is tangible personal property held in this state.
(c) The administrator, for and on behalf of this state, may commence an action against
the United States government or any agency or subdivision thereof for an adjudication that
the proceeds of United States savings bonds subject to the provisions of K.S.A. 58-3934, et
seq., and amendments thereto, are payable to the administrator.
(c) (d) In a situation where no district court in this state can obtain jurisdiction over the
person involved, the administrator may commence such an action in a federal court or state
court of another state having jurisdiction over that person.
(d) (e) The administrator shall be deemed an indispensable party to any judicial or
administrative proceedings concerning the disposition and handling of unclaimed property
that is or may be payable or distributable into the protective custody of the administrator.
The administrator shall have a right to intervene and participate in any judicial or
administrative proceeding when to do so will be in the best interest of this state, the apparent
owner or the unclaimed property or to conserve and safeguard the unclaimed property
against dissipation, undue diminishment or adverse discriminatory treatment.'';
By renumbering sections accordingly;
On page 9, in line 15, following ``58-3955'' by inserting ``, 58-3956, 58-3965''; in line 16,
preceding ``58-3935'' by inserting ``58-3934,''; in line 19, by striking ``statute book'' and
inserting ``Kansas register'';
In the title, in line 10, by striking all following the semicolon; in line 11, by striking ``rants;'';
also in line 11, following ``58-3955'' by inserting ``, 58-3956, 58-3965''; in line 12, preceding
``58-3935'' by inserting ``58-3934,''; and the bill be passed as amended.
Committee on Public Health and Welfare recommends HB 2757, as amended by
House Committee, be passed.
Also, HB 2759, as amended by House Committee of the Whole, be amended on page
7, following line 8, by inserting the following:
``(b) All vaccinees will be given a written immunization record for their personal files.
The administering pharmacist shall promptly report a record of the immunization to the
vaccinee's primary-care provider by electronic facsimile or mail. If the vaccinee does not
have a primary care provider, then the administering pharmacist shall promptly report a
record of the immunization to the person licensed to practice medicine and surgery by the
state board of healing arts who has entered into the vaccination protocol with the pharmacist.
The immunization will also be reported to appropriate county or state immunization
registries.'';
And by relettering subsections accordingly; and the bill be passed as amended.
HB 2780, as amended by House Committee, be amended on page 1, in line 28, by
striking all after ``study''; by striking all in line 29; in line 30, by striking ``program,''; in line
34, after the comma where it appears for the last time, by inserting ``the effectiveness of
partnering activities between state agencies and long-term care providers''; in line 36, by
striking ``19'' and inserting ``20''; in line 37, by striking ``Six'' and inserting ``Seven''; in line
41, by striking ``and'' and inserting a comma;
On page 2, in line 1, preceding the semicolon, by inserting: ``and one of whom shall be
a trustee or board member of a long-term care facility''; in line 22, by striking ``six'' and
inserting ``seven''; in line 43, by striking ``January 8,'';
On page 3, in line 1, by striking ``2001'' and inserting ``the second Monday of January
each year through 2005. In developing such recommendations the task force shall give
consideration to creative, common sense solutions and approaches to problems which do
not necessarily require additional expenditures of money.''; after line 1, by inserting the
following:
``(f) As used in this section, the term ``long-term care'' includes a broad spectrum of
supports, ranging from skilled nursing services to assistance with activities of daily living or
help with instrumental activities of daily living.'';
Also on page 3, in line 2, by striking ``(f)'' and inserting ``(g)''; also in line 2, by striking
``2001'' and inserting ``2005''; and the bill be passed as amended.
Committee on Ways and Means recommends SB 327 be passed.
REPORT ON ENROLLED BILLS
SR 1823, 1824, 1825, 1826 reported correctly enrolled, properly signed and presented
to the Secretary of the Senate on March 20, 2000.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Tuesday, March 21,
2000.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.