April 26, 2000
Journal of the Senate
SIXTY-SECOND DAY
______
| Senate Chamber, Topeka, Kansas |
| Wednesday, April 26, 2000--10:00 a.m. |
The Senate was called to order by President Dick Bond.
The roll was called with forty senators present.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
Your inspired servant, James, in his New Testament letter has a couple of intriguing
sentences: ``Consider it pure joy, my brothers, whenever you face trials of many kinds,
because you know that the testing of your faith develops perseverance. Perseverance
must finish its work so that you may be mature and complete, not lacking anything.''
(James 1:2-4)
I've always understood that the testing of our faith produces maturity, but to ask us
to consider many kinds of trials as pure joy was somewhat unrealistic.
And then a few days ago I read that a study of 413 famous and exceptionally gifted
people showed that the most outstanding common thread which contributed to their
greatness was that 95% of them had to overcome very difficult obstacles in order to
become who they were.
So, once again, the Bible is confirmed by experience, and the next time any of those
praying with me today, or reading this prayer later are faced with a seemingly
insurmountable obstacle, instead of asking, ``Why me, Lord?'' remind them that just
maybe You are preparing them for greatness!
I pray this in the Name of Jesus Christ, the ultimate in greatness,
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
SB 673, An act concerning the state institutions building fund; debt service on revenue
bonds for certain capital improvement projects; amending K.S.A. 76-6b05 and repealing the
existing section, by Committee on Ways and Means.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was referred to Committee as indicated:
Commerce: HB 3030.
MESSAGE FROM THE GOVERNOR
SB 501, 586, 588 approved on April 11, 2000.
H Sub for Sub for Sub SB 257; SB 657, 611 approved on April 12, 2000.
SB 24, 541 approved on April 16, 2000.
SB 248, 412, 425, 512, 513; H Sub for SB 568; SB 660, 664 approved on April 19,
2000.
SB 238 approved on April 20, 2000.
April 17, 2000
To the Senate of the State of Kansas:
Submitted herewith for confirmation by the Senate is an appointment made by me as
Governor of the State of Kansas as of April 17, 2000, pursuant to law.
Bill Graves
Governor
Member, Kansas Performance Review Board, Catherine Logan, pursuant to the authority
vested in me by KSA 75-7102, effective upon the date of confirmation by the Senate to
serve a four- year term expiring June 30, 2002.
April 18, 2000
Message to the Senate of the State of Kansas:
Enclosed herewith is Executive Order No. 00-06 for your information.
Bill Graves
Governor
The President announced Executive Order No. 00-06, incorporating by reference
Executive Order No. 98-5, and continuing the Governor's Military Affairs Coordinating
Council until November 1, 2002, unless rescinded earlier or lengthened by executive order,
is on file in the office of the Secretary of the Senate and is available for review at anytime.
April 20, 2000
Message to the Senate of the State of Kansas:
Pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I hereby
return House Substitute for Senate Bill No. 326 with my signature approving the bill, except
for the item enumerated below.
Agricultural Remediation
Section 76 has been line-item vetoed in its entirety.
Although a provision of SB 501 created the Kansas Agricultural Remediation Board
(KARB) to implement the Remediation Reimbursement Program, the bill did not
specifically address whether the board would be a separate agency or operate under a
current state agency. This board should be operated and budgeted through the Department
of Agriculture. I do not wish to add to the bureaucracy of the state by adding an agency
that could easily be absorbed by the current administration. I therefore find it necessary to
veto this section that would make KARB a separate state agency, and I recommend that
this appropriation be made instead with the Department of Agriculture.
Bill Graves,
Governor
COMMUNICATIONS FROM STATE OFFICERS
KANSAS STATE DEPARTMENT OF EDUCATION
April 10, 2000
Andy Tompkins, Commissioner of Education, submitted two annual reports. The Kansas
Vocational Education Accountability Report for Fiscal Year 1998 Placement Summary Data,
in accordance with K.S.A. 72-4415, and The Kansas-Training Information Program (K-TIP)
Report in accordance with K.S.A. 72-4451.
COMMONWEALTH OF VIRGINIA
SENATE
April 11, 2000
Susan Clarke Schaar, Clerk of the Senate, as directed by the 2000 General Assembly
submitted Senate Joint Resolution No. 98, memorializing the Congress of the United States
to amend that portion of the Trade Act of 1974 establishing the North American Free Trade
Agreement Transitional Adjustment Assistance program to extend the maximum time period
for receipt of benefits from 52 weeks to 78 weeks.
DEPARTMENT OF ADMINISTRATION
Division of Accounts and Reports
April 19, 2000
Dale Brunton, Acting Director, Division of Accounts and Reports submitted a copy of
the State of Kansas Monthly Financial Perspective for the month of March, 2000.
The Monthly Financial Perspective is available on the Internet at the Financial Reporting
Section of the Division of Accounts and Reports web site under Monthly Financial
Perspective.
The 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, the House adopts the conference committee report on Senate Substitute
for HB 2627.
CHANGE OF CONFERENCE
The President announced the appointment of Senator Umbarger as a member of the
Conference Committee on SB 432 to replace Senator Langworthy.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Umbarger introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1845--
A RESOLUTION supporting the Third Annual ZaSu Pitts Film Festival.
WHEREAS, Gale Storm, star of television, motion pictures, radio, recordings, stage and
nightclubs, will be the special guest at the Third Annual ZaSu Pitts Film Festival in Parsons
on April 28 and 29, 2000. The festival will be held at the Labette Community College and
is sponsored by the Parsons Arts and Humanities Council; and
WHEREAS, Gale Storm starred in the television series My Little Margie and The Gale
Storm Show, later called Oh! Susanna, for eight years. Her costar in the latter two series
was ZaSu Pitts, who was born in Parsons; and
WHEREAS, A granite star honoring ZaSu Pitts has been embedded in concrete in the
walkway in front of the new Parsons Theatre; and
WHEREAS, Gale Storm will officially unveil the granite star during the Third Annual
ZaSu Pitts Film Festival on April 28, 2000: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we welcome Gale Storm to
Kansas and invite and encourage all citizens to attend the festival activities; and
Be it further resolved: That the Secretary of the Senate be directed to send two enrolled
copies of this resolution to Wayne Groner, Labette Community College, 200 S. 14th Street,
Parsons, Kansas 67357 and two copies to Senator Umbarger.
On emergency motion of Senator Umberger SR 1845 was adopted unanimously.
Senators Stephens and Steffes introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1846--
A RESOLUTION congratulating and commending Tara Holloway.
WHEREAS, Tara Holloway, a 5-foot-11 senior forward on the Emporia State University
women's basketball team, has been named the NCAA Division II player of the year and to
the Division II All-America first-team by Daktronics in voting by a national panel of sports
information directors. She was also named as a first-team All-American by Kodak/WBCA
and the Women's DII Bulletin; and
WHEREAS, Tara Holloway averaged 21.4 points and 7.7 rebounds per game for the
Emporia State Hornets. She finished the regular season ranked 11th in the nation in scoring,
13th in field goal percentage and 18th in steals. She was the Most Valuable Player in the
MIAA this season and a two-time all-conference selection. She concluded her career as
Emporia State's No. 2 all-time scorer. The Lady Hornets had a record of 111-18 during her
career at Emporia State; and
WHEREAS, Tara Holloway is from an athletic family. Her parents, Mary and Dean
Holloway, participated in college athletics as have her sister and two brothers. She intends
to be a teacher and coach upon graduation from Emporia State University: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Tara Holloway upon being selected as a Division II first-team All-American and the NCAA
Division II woman's basketball player of the year; and
Be it further resolved: That the Secretary of the Senate be directed to send five enrolled
copies of this resolution to Kay K. Schallenkamp, President, Emporia State University, 1200
Commercial, Emporia, Kansas 66801-5087.
On emergency motion of Senator Stephens SR 1846 was adopted unanimously.
Senator Stephens introduced and congratulated Tara Holloway. Accompanying Tara were
her parents Dean and Mary Holloway; Coach Brandon Schneider; Sports Information
Director, Mason Logan; Emporia State University Promoters, Earl Sauder and Joe Cannon.
Senator Barone introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1847--
A RESOLUTION congratulating and commending five eagle scouts.
WHEREAS, Five members of Boy Scout Troop 114 of Fort Scott will be honored at an
Eagle Court of Honor on June 20, 2000. They are Todd E. Foxx, Michael J. Sharp, Ryan
C. Kastl, Shawn M. Reinecke and Rowan D. Hand. The first four young men started together
in cub scouts and have gone through the ranks of scouting together to become Eagle Scouts;
and
WHEREAS, The Eagle Scout projects of these scouts were as follows:
Todd E. Foxx
The Eagle project for this scout consisted of repairing and roofing the house of an
elderly gentleman who has been active in scouting for over 50 years.
Michael J. Sharp
The Eagle project for this scout consisted of painting the house of the same elderly
gentleman in the above project.
Ryan C. Kastl
The Eagle project for this scout consisted of tearing out shelving, repainting and
moving the flooded out Beacon agency in Fort Scott. The Beacon is a church-
sponsored agency that gives aid to the needy of Bourbon County.
Shawn M. Reinecke
The Eagle project for this scout consisted of repairing and repainting a shelter house
at the swimming area of the Fort Scott City Lake.
Rowan D. Hand
The Eagle project for this scout consisted of cleaning debris around the Bourbon
County Animal Shelter, repainting the animal runs and installing new shelving for
this shelter; and
WHEREAS, The Scoutmaster for Troop 114 is W. J. Bryan Foxx II; and
WHEREAS, While it is an honor for any scout troop to have an individual who perseveres
through the ranks of scouting to become an Eagle Scout, with such efforts being recognized
at an Eagle Court of Honor, it is especially noteworthy to have five young men from the
same troop being honored as Eagle Scouts at the same Eagle Court of Honor; and
WHEREAS, The accomplishments of these Eagle Scouts are worthy of honor as well as
the support and encouragement provided to them by their fellow scouts, scoutmaster,
parents, teachers and community members: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Todd E. Foxx, Michael J. Sharp, Ryan C. Kastl, Shawn M. Reinecke and Rowan D. Hand
upon attaining the rank of Eagle Scout; and
Be it further resolved: That the Secretary of the Senate be directed to provide six
enrolled copies of this resolution to W. J. Bryan Foxx II, Scoutmaster, Troop 114, Foxx
Apothecary, P.O. Box 750, Fort Scott, Kansas 66701 and two copies to Senator Barone.
On emergency motion of Senator Barone SR 1847 was adopted unanimously.
REPORTS OF STANDING COMMITTEES
Committee on Ways and Means recommends HB 2027, as amended by House
Committee, be amended by substituting a new bill to be designated as ``SENATE Substitute
for HOUSE BILL No. 2027,'' as follows:
``SENATE Substitute for HOUSE BILL No. 2027
By Committee on Ways and Means
``AN ACT concerning docket fees; establishing the judicial branch nonjudicial salary
initiative fund; relating to compensation for certain nonjudicial employees in the judicial
branch; amending K.S.A. 20-1a04 and K.S.A. 1999 Supp. 8-2107, 20-367, 28-172a, 60-
2001, 61-2501 and 61-2704 and repealing the existing sections; also repealing K.S.A.
1999 Supp. 20-367a.'';
and the substitute bill be passed.
REPORT ON ENGROSSED BILLS
SB 412 reported correctly engrossed April 10, 2000.
Also, SB 238, 248, 425, 660, 664 correctly re-engrossed April 10, 2000.
H Sub for SB 326 reported correctly engrossed April 11, 2000.
REPORT ON ENROLLED BILLS
H Sub for SB 568; SB 541 reported correctly enrolled, properly signed and presented
to the Governor on April 11, 2000.
SR 1840, 1841, 1842, 1844 reported correctly enrolled, properly signed and presented
to the Secretary of the Senate on April 11, 2000.
SR 1843 reported correctly enrolled, properly signed and presented to the Secretary of
the Senate on April 12, 2000.
SB 238, 248; H Sub for SB 326; SB 412, 425, 512, 513, 660, 664 reported correctly
enrolled, properly signed and presented to the Governor on April 14, 2000.
On motion of Senator Emert, the Senate recessed until 2:30 p.m.
______
Afternoon Session
The Senate met pursuant to recess with Vice-President Alicia L. Salisbury in the chair.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
SB 672, AN ACT making and concerning appropriations for the fiscal years ending June
30, 2000, and June 30, 2001; authorizing certain transfers and fees, imposing certain
restrictions and limitations and directing or authorizing certain receipts, disbursements,
capital improvements and acts incidental to the foregoing; amending K.S.A. 1999 Supp. 79-
34,147, as amended by section 106 of 2000 House Substitute for Senate Bill No. 326, and
repealing the existing section, by Committee on Ways and Means.
COMMUNICATIONS FROM STATE OFFICERS
OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN
April 25, 2000
On behalf of the Office of the State Long-Term Care Ombudsman, Matthew Hickam,
submitted the 1999 Annual Report.
The Vice-President announced the above report is on file in the office of the Secretary
of the Senate and is available for review at any time.
MESSAGE FROM THE HOUSE
Announcing, the House concurs in Senate amendments to Senate Substitute for HB
2357 and requests the Senate to return the bill.
The House adopts the conference committee report on HB 2700.
The House adopts the conference committee report on HB 2780.
The House not adopts the conference committee report on HB 2884, requests a
conference and appoints Representatives Hayzlett, Ballou and Larkin as second conferees
on the part of the House.
The House nonconcurs in Senate amendments to Senate Substitute for HB 2082,
requests a conference and has appointed Reps. O'Neal, Carmody and Pauls as conferees on
the part of the House.
The House nonconcurs in Senate amendments to Senate Substitute for Substitute HB
2864, requests a conference and has appointed Reps. Mayans, O'Connor and Gilbert as
conferees on the part of the House.
The House announces the appointment of Rep. Reardon to replace Rep. McKechnie as
a conferee on Senate Substitute for HB 2513.
Announcing the House adopts the conference committee report on SB 555.
ORIGINAL MOTION
Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House
of Representatives be suspended for the purpose of considering the following bills: SB 555;
Substitute HB 2144; Substitute HB 2683; HB 2855.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 555, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with House Committee amendments,
as follows:
On page 2, after line 8, by inserting the following:
``Sec. 2. K.S.A. 1999 Supp. 65-6801 is hereby amended to read as follows: 65-6801. (a)
The legislature recognizes the urgent need to provide health care consumers, third-party
payors, providers and health care planners with information regarding the trends in use and
cost of health care services in this state for improved decision-making. This is to be
accomplished by compiling a uniform set of data and establishing mechanisms through
which the data will be disseminated.
(b) It is the intent of the legislature to require that the information necessary for a
review and comparison of utilization patterns, cost, quality and quantity of health care
services be supplied to the health care database by all providers of health care services and
third-party payors to the extent required by K.S.A. 1999 Supp. 65-6805 and amendments
thereto and this section and amendments thereto. The secretary of health and environment
at the direction of the health care data governing board shall specify by rule and regulation
the types of information which shall be submitted and the method of submission.
(c) The information is to be compiled and made available in a form prescribed by the
governing board to improve the decision-making processes regarding access, identified
needs, patterns of medical care, price and use of health care services.
Sec. 3. K.S.A. 1999 Supp. 65-6804 is hereby amended to read as follows: 65-6804. (a)
The secretary of health and environment shall administer the health care database. In
administering the health care database, the secretary shall receive health care data from
those entities identified in K.S.A. 1999 Supp. 65-6805 and amendments thereto and provide
for the dissemination of such data as directed by the board.
(b) As directed by the board, the secretary of health and environment may contract
with an organization experienced in health care data collection to collect the data from the
health care facilities as described in subsection (h) of K.S.A. 65-425 and amendments
thereto, build and maintain the database. The secretary of health and environment may
accept data submitted by associations or related organizations on behalf of health care
providers by entering into binding agreements negotiated with such associations or related
organizations to obtain data required pursuant to this section.
(c) The secretary of health and environment shall adopt rules and regulations approved
by the board governing the acquisition, compilation and dissemination of all data collected
pursuant to this act. The rules and regulations shall provide at a minimum that:
(1) Measures have been taken to provide system security for all data and information
acquired under this act;
(2) data will be collected in the most efficient and cost-effective manner for both the
department and providers of data;
(3) procedures will be developed to assure the confidentiality of patient records. Patient
names, addresses and other personal identifiers will be omitted from the database;
(4) users may be charged for data preparation or information that is beyond the routine
data disseminated and that the secretary shall establish by the adoption of such rules and
regulations a system of fees for such data preparation or dissemination; and
(5) the secretary of health and environment will ensure that the health care database
will be kept current, accurate and accessible as prescribed by rules and regulations.
(d) Data and other information collected pursuant to this act shall be confidential, shall
be disseminated only for statistical purposes pursuant to rules and regulations adopted by
the secretary of health and environment and approved by the board and shall not be
disclosed or made public in any manner which would identify individuals. A violation of this
subsection (d) is a class C misdemeanor.
(e) In addition to such criminal penalty under subsection (d), any individual whose
identity is revealed in violation of subsection (d) may bring a civil action against the
responsible person or persons for any damages to such individual caused by such violation.'';
And by renumbering sections accordingly;
Also on page 2, in line 9, by striking ``65-6803 is'' and inserting ``65-6801, 65-6803 and
65-6804 are'';
In the title, in line 10, after ``concerning'' by inserting ``health care data; relating to''; in
line 11, after the semicolon, by inserting ``collection of data;''; also in line 11, after ``Supp.''
by inserting ``65-6801,''; also in line 11, after ``65-6803'' by inserting ``and 65-6804''; in line
12, by striking ``section''; in line 13, before the period, by inserting ``sections'';
\ And your committee on conference recommends the adoption of this report.
Garry Boston
Gerald G. Geringer
Jerry Henry
Conferees on the part of House
Sandy Praeger
Larry D. Salmans
Chris Steineger
Conferees on part of Senate
Senator Praeger moved the Senate adopt the Conference Committee Report on SB 555.
On roll call, the vote was: Yeas 35, Nays 5, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan,
Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Salisbury, Salmans,
Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Brownlee, Clark, Huelskamp, Pugh, Ranson.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to Substitute for HB 2144, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:
On page 1, by striking all in lines 20 through 43;
By striking all on pages 2, 3 and 4; on page 5, by striking all in lines 1 through 41; in line
42, by striking ``New Sec. 6.'' and inserting ``Section 1.''; also in line 42, after ``(a)'' by inserting
``As used in this section, terms have the meanings provided by K.S.A. 79-3401, and
amendments thereto.
(b)'';
On page 6, in line 3, by striking all before ``motor-vehicle'' and inserting ``(c) No''; in
line 4, by striking ``service station'' and inserting ``distributor or retailer''; in line 5, by striking
``0.5%'' and inserting ``2%''; also in line 5, by striking all after the period and inserting ``No'';
in line 7, by striking ``0.5%'' and inserting ``2%''; in line 9, by striking all before ``motor-
vehicle'' and inserting ``(d) The''; in line 14, by striking all before ``notice'' and inserting
``(e) A''; in line 22, by striking ``(e) and inserting ``(f)''; in line 25, by striking ``(f)'' and
inserting ``(g)''; in line 28, by striking ``(g)'' and inserting ``(h)''; after line 43, by inserting:
``(i) It shall be an affirmative defense in any proceeding against a distributor or retailer
under subsection (h), and in any other action or proceeding against a distributor or retailer
arising out of the sale or furnishing of motor-vehicle fuel with an MTBE content in excess
of 2%, that the invoices, bills of lading, shipping papers or other documentation of the sale
or furnishing of motor-vehicle fuel provided to the distributor or retailer for the three
months preceding the alleged violation show the MTBE content of such motor-vehicle fuel
to be 2% or less.'';
On page 7, in line 1, by striking ``(h)'' and inserting ``(j)''; in line 5, by striking ``(i)'' and
inserting ``(k)''; also in line 5, after ``until'' by inserting ``24 months after''; by striking all in
lines 9 and 10 and inserting:
``Sec. 2. (a) Subject to the limitations of this section, whenever it appears that the
resources in any fiscal year commencing after June 30, 2000, are insufficient to meet in full
the estimated expenditures as they become due to meet duties imposed by law on the water
marketing fund of the Kansas water office as a result of increases in water rates, fees or
charges imposed by the federal government, the pooled money investment board is
authorized and directed to loan to the director of the Kansas water office sufficient funds
to reimburse the water marketing fund for increases in water rates, fees or charges imposed
by the federal government, and to allow the Kansas water office to spread such increases
to consumers over a longer period, except that no such loan shall be made unless the terms
thereof have been approved by the director of the budget. The pooled money investment
board is authorized and directed to use any moneys in the operating accounts, investment
accounts or other investments of the state of Kansas to provide the funds for such loan.
Each such loan shall bear interest at a rate equal to the interest rate being paid on state
inactive account moneys at the time of the making of such loan. Such loan shall not be
deemed to be an indebtedness or debt of the state of Kansas within the meaning of section
6 of article 11 of the constitution of the state of Kansas.
(b) Upon certification by the pooled money investment board by the director of the
Kansas water office of the amount of each loan authorized pursuant to subsection (a), the
pooled money investment board shall transfer each such amount certified by the director
of the Kansas water office from the state bank account or accounts prescribed in subsection
(a) to the water marketing fund of the Kansas water office.
(c) The principal and interest of each loan authorized pursuant to subsection (a) shall
be repaid in payments payable at least annually for a period of not more than five years.
(d) The aggregate outstanding balance of all loans pursuant to this section shall not
exceed $1,000,000 at any one time.'';
By renumbering section 8 as section 3;
In the title, in line 12, by striking ``sales of'' and inserting ``certain acts with respect to'';
in line 14, by striking all after the semicolon; by striking all in lines 15 and 16; in line 17,
by striking ``sections'' and inserting ``authorizing certain loans to the Kansas water office for
use related to water marketing'';
And your committee on conference recommends the adoption of this report.
David R. Corbin
Stephen R. Morris
Donald E. Biggs
Conferees on the part of Senate
Joann Freeborn
Gerry Ray
Melvin G. Minor
Conferees on part of House
Senator Corbin moved the Senate adopt the Conference Committee Report on Sub HB
2144.
On roll call, the vote was: Yeas 37, Nays 3, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan,
Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Emert, Huelskamp, Tyson.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to Substitute for HB 2683, submits the following report:
The House accedes to all Senate amendments to the substitute bill and the committee
further agrees to amend the substitute bill as printed with Senate Committee amendments
as follows;
On page 1, in line 22, by striking ``New'';
On page 2, by striking all in lines 21 through 43;
By striking all on pages 3 through 38;
On page 39, by striking all in lines 1 through 21; in line 22, by striking ``16'' and inserting
``2''; in line 23, by striking ``Kansas register'' and inserting ``statute book'';
And your committee on conference recommends the adoption of this report.
Tim Emert
John Vratil
Greta Goodwin
Conferees on the part of Senate
Michael O'Neal
Tim Carmody
Janice L. Pauls
Conferees on part of House
Senator Emert moved the Senate adopt the Conference Committee Report on Sub HB
2683.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2855, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:
On page 10, in line 35, by striking all after ``that''; by striking all in lines 36 through 40,
inclusive; in line 41, by striking all before the first comma and inserting ``any announced
conduct of two or more business entities, announced by an authorized agent of one such
business entity in which the combined annual gross sales of such business entities involved
exceed $500,000,000, will substantially lessen competition or tend to create a monopoly in
violation of this act'';
On page 11, in line 7, by striking all after ``(b)''; by striking all in lines 8 through 11,
inclusive; in line 12, by striking all before ``The'';
And your committee on conference recommends the adoption of this report.
Tim Emert
John Vratil
Greta Goodwin
Conferees on the part of Senate
Michael O'Neal
Tim Carmody
Janice L. Pauls
Conferees on part of House
Senator Emert moved the Senate adopt the Conference Committee Report on HB 2855.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The Conference Committee report was adopted.
ORIGINAL MOTION
On motion of Senator Emert, the Senate acceded to the request of the House for a
conference on S Sub for HB 2082.
The President appointed Senators Emert, Vratil and Goodwin as conferees on the part
of the Senate.
On motion of Senator Hardenburger, the Senate acceded to the request of the House
for a conference on S Sub for Sub HB 2864.
The President appointed Senators Hardenburger, Vidricksen and Gooch as conferees on
the part of the Senate.
On motion of Senator Vidricksen, the Senate acceded to the request of the House for a
conference on HB 2884.
The President appointed Senators Vidricksen, Jordan and Gilstrap as second conferees
on the part of the Senate.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Kerr introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1848--
A RESOLUTION establishing a task force on a state education technology-based network.
Be it resolved by the Senate of the State of Kansas: That a task force on a state education
technology-based network be formed, which task force shall be composed of 15 members
to be appointed as follows: (1) The Legislative Coordinating Council shall appoint six
members, two of whom shall be Senators who are members of the majority party, one of
whom shall be a Senator who is a member of the minority party, two of whom shall be
Representatives who are members of the majority party and one of whom shall be a
Representative who is a member of the minority party; and (2) the Governor shall appoint
nine members, four of whom shall represent telecommunications, cable and other
communications service providers and five of whom shall represent public and private
elementary and secondary schools and public libraries. The chairperson and vice-
chairperson of the task force shall be designated by the Governor; and
Be it further resolved: That the task force shall: (1) Evaluate the current status and cost
of Internet access for elementary and secondary schools and public libraries and the need
for access to ``Internet2'' and full motion video interconnectivity; (2) establish a plan for
updating and validating data from surveys of school district and library Internet connectivity
to ensure that the data are accurate and consistent; (3) determine the need for state
involvement in providing essential electronic communication for present and future learning
opportunities; (4) create for legislative consideration a plan for such state involvement if the
task force determines such involvement is needed; and (5) on or before December 1, 2000,
submit to the Legislative Coordinating Council a report of the task force findings and
recommendations regarding the foregoing; and
Be it further resolved: That the task force shall meet upon the call of the chairperson
of the task force as authorized by the Legislative Coordinating Council; and
Be it further resolved: That members of the task force shall receive reimbursement for
attending meetings of the task force authorized by the Legislative Coordinating Council
consistent with the provisions of K.S.A. 46-1209 and amendments thereto; and
Be it further resolved: That the staff of the legislative research department, the office
of the revisor of statutes, the division of legislative administrative services, the state library,
the state department of education and the division of information systems and
communications of the department of administration shall provide such assistance as may
be requested by the task force.
REPORTS OF STANDING COMMITTEES
Committee on Federal and State Affairs recommends Substitute for HB 2540 be
amended on page 1, by striking all in lines 14 through 43;
On page 2, by striking all in lines 1 through 10; following line 10, by inserting:
``Section 1. K.S.A. 12-2903 is hereby amended to read as follows: 12-2903. For the
purposes of this act As used in K.S.A. 12-2901 et seq., and amendments thereto:
(a) The term ``Public agency'' shall mean any county, township, city, town, village, school
district, library district, road district, drainage or levee district, sewer district, water district,
fire district or other municipal corporation, quasi-municipal corporation or political
subdivision of this state or of any other state and any agency or instrumentality of this state
or any other state or of the United States;.
(b) The term ``State'' shall mean a state of the United States and the District of
Columbia;.
(c) The term ``Private agency'' shall mean an individual, firm, association or corporation.
(d) ``Native American Indian tribe'' shall mean any Native American Indian tribe which
has entered into a gaming compact with the state of Kansas pursuant to K.S.A. 46-2302, and
amendments thereto.
Sec. 2. K.S.A. 12-2904 is hereby amended to read as follows: 12-2904. (a) Any power
or powers, privileges or authority exercised or capable of exercise by a public agency of this
state including but not limited to those functions relating to economic development, public
improvements, public utilities, police protection, libraries, data processing services,
educational services, building and related inspection services, flood control and storm water
drainage, weather modification, sewage disposal, refuse disposal, park and recreational
programs and facilities, ambulance service, fire protection, the Kansas tort claims act or
claims for civil rights violations, may be exercised and enjoyed jointly with any other public
agency of this state or with any private agency, and jointly with any public agency of any
other state or of the United States to the extent that the laws of such other state or of the
United States permit such joint exercise or enjoyment. Any agency of the state government
when acting jointly with any public or private agency may exercise and enjoy all of the
powers, privileges and authority conferred by this act upon a public agency.
(b) Any public agency may enter into agreements with one or more public or private
agencies for joint or cooperative action pursuant to the provisions of this act. Appropriate
action by ordinance, resolution or otherwise pursuant to law of the governing bodies of the
participating public agencies shall be necessary before any such agreement may enter into
force.
(c) Any public agency may enter into agreements with a Native American Indian tribe
for joint or cooperative action. Such agreement shall be considered to be an interlocal
agreement and shall be subject to the procedures and limitations of the interlocal cooperation
act.
(c) (d) Any such agreement shall specify the following:
(1) Its duration.
(2) The precise organization, composition and nature of any separate legal or
administrative entity created thereby together with the powers delegated thereto, provided
such entity may be legally created.
(3) Its purpose or purposes.
(4) The manner of financing the joint or cooperative undertaking and of establishing
and maintaining a budget therefor.
(5) The permissible method or methods to be employed in accomplishing the partial or
complete termination of the agreement and for disposing of property upon such partial or
complete termination.
(6) Any other necessary and proper matters.
(d) (e) In the event that the agreement does not establish a separate legal entity to
conduct the joint or cooperative undertaking, the agreement, in addition to items 1, 3, 4, 5
and 6 enumerated in subdivision (c) (d) hereof, shall contain the following:
(1) Provision for an administrator or a joint board or one of the participating public
agencies to be responsible for administering the joint or cooperative undertaking. In the
case of a joint board public agencies party to the agreement shall be represented.
(2) The manner of acquiring, holding and disposing of real and personal property used
in the joint or cooperative undertaking.
(e) (f) No agreement made pursuant to this act shall relieve any public agency of any
obligation or responsibility imposed upon it by law except that to the extent of actual and
timely performance thereof by a joint board or other legal or administrative entity created
by an agreement made hereunder, such performance may be offered in satisfaction of the
obligation or responsibility.
(f) (g) Every agreement made hereunder, except agreements between two or more
public agencies establishing a council or other organization of local governments for the
study of common problems of an area or region and for the promotion of intergovernmental
cooperation, prior to and as a condition precedent to its entry into force, shall be submitted
to the attorney general who shall determine whether the agreement is in proper form and
compatible with the laws of this state. The attorney general shall approve any agreement
submitted hereunder unless the attorney general shall find that it does not meet the
conditions set forth herein and shall detail in writing addressed to the governing bodies of
the public and private agencies concerned the specific respects in which the proposed
agreement fails to meet the requirements of law. Failure to disapprove an agreement
submitted hereunder within 90 days of its submission shall constitute approval thereof.
Sec. 3. K.S.A. 1999 Supp. 74-9803 is hereby amended to read as follows: 74-9803. (a)
The state gaming agency is hereby transferred from the department of commerce and
housing, designated by Executive Order No. 95-177 as the state gaming agency, and is
attached to and made a part of the Kansas racing and gaming commission. For the purposes
of K.S.A. 74-8810, and amendments thereto, employees of the state gaming agency shall not
be considered as employees of the Kansas racing and gaming commission. The budget of
the state gaming agency, the number and qualifications of employees of the state gaming
agency and expenditures by the state gaming agency for expenses of dispute resolution
pursuant to a tribal-state gaming compact shall be subject to approval by the Kansas racing
and gaming commission. All other management functions of the state gaming agency shall
be administered by the executive director. All vouchers for expenditures and all payrolls of
the state gaming agency shall be approved by the executive director or a person designated
by the executive director.
(b) Nothing in this act shall be construed as abolishing or reestablishing the state gaming
agency.
Sec. 4. K.S.A. 1999 Supp. 74-9804 is hereby amended to read as follows: 74-9804. (a)
(1) The governor shall appoint, subject to confirmation by the senate as provided by K.S.A.
75-4315b, and amendments thereto, an executive director of the state gaming agency, to
serve at the pleasure of the governor. Before appointing any person as executive director,
the governor shall cause the Kansas bureau of investigation to conduct a criminal history
record check and background investigation of the person.
(2) The executive director shall: (A) Be in the unclassified service under the Kansas civil
service act; (B) devote full time to the executive director's assigned duties; (C) be a citizen
of the United States and an actual resident of Kansas during employment as executive
director; (D) not have been convicted of a felony under the laws of any state or of the United
States prior to or during employment; and (E) have familiarity with gaming industries
sufficient to fulfill the duties of the office of executive director.
(3) The executive director shall: (A) Determine, subject to the approval of the Kansas
racing and gaming commission, the number and qualifications of employees necessary to
implement and enforce the provisions of tribal-state gaming compacts and the provisions of
the tribal gaming oversight act; (B) employ persons for those positions; and (C) perform
such other duties as required by tribal-state gaming compacts.
(b) (1) The executive director may appoint a director of enforcement and compliance
to serve at the pleasure of the executive director. Before appointing any person as director
of enforcement and compliance, the executive director shall cause the Kansas bureau of
investigation to conduct a criminal history record check and background investigation of the
person.
(2) The director of enforcement and compliance shall: (A) Be in the unclassified service
under the Kansas civil service act; (B) devote full time to the director's assigned duties; (C)
receive such compensation as determined by the executive director, subject to the limitations
of appropriations therefor; (D) be a citizen of the United States and an actual resident of
Kansas during employment as director of enforcement and compliance; (E) not have been
convicted of a felony under the laws of any state or of the United States prior to and during
employment as director of compliance; and (F) have been a professional law enforcement
officer with a minimum of five years' experience in the field of law enforcement and at least
a bachelor's degree in law enforcement administration, law, criminology or a related science
or, in lieu thereof, a minimum of 10 years' experience in the field of law enforcement.
(3) The director of enforcement and compliance shall: (A) Be vested with law
enforcement authority;
(B) conduct investigations relating to compliance with the provisions of tribal-state
gaming compacts and the provisions of the tribal gaming oversight act;
(C) recommend proper compliance measures to tribal gaming commissions;
(D) train and supervise such personnel as employed by the executive director to assist
with such duties; and
(E) perform such other duties as directed by the executive director.
(c) (1) The executive director may appoint enforcement agents. Before appointing any
person as a enforcement agent, the executive director shall cause the Kansas bureau of
investigation to conduct require a criminal history record check and background
investigation of the person to be conducted prior to the beginning of employment.
(2) Each enforcement agent shall: (A) Be vested with law enforcement authority;
(B) be in the classified service under the Kansas civil service act;
(C) not have been convicted of a felony under the laws of any state or of the United
States prior to or during employment as enforcement agent; and
(D) be a professional law enforcement officer with a minimum of two years' experience
in the field of law enforcement or, in lieu thereof, a bachelor's degree from an accredited
university or college.
(3) Enforcement agents shall: (A) Conduct investigations relating to compliance with
the provisions of tribal-state gaming compacts or the provisions of the tribal gaming oversight
act; and (B) perform such other duties as directed by the executive director or the director
of enforcement and compliance.
Sec. 5. K.S.A. 1999 Supp. 74-9805 is hereby amended to read as follows: 74-9805. (a)
The state gaming agency shall be responsible for oversight of class III gaming conducted
pursuant to tribal-state compacts and, as such, shall monitor compliance with tribal-state
gaming compacts and perform the duties of the state gaming agency as provided by tribal-
state gaming compacts.
(b) The state gaming agency may examine and inspect all tribal gaming facilities and
facilities linked to Kansas tribal gaming facilities for gaming, including but not limited to all
machines and equipment used for tribal gaming.
(c) The state gaming agency may examine, or cause to be examined by any agent or
representative designated by the executive director, any books, papers, records, electronic
records, computer records or surveillance and security tapes and logs of any tribal gaming
facility in accordance with tribal-state gaming compacts.
(d) The executive director may issue subpoenas to compel access to or for the
production of any books, papers, records, electronic records, computer records or
surveillance and security tapes and logs in the custody or control of a tribal gaming facility
or any officer, employee or agent of a tribal gaming facility, or to compel the appearance
of any officer, employee or agent of a tribal gaming facility, for the purpose of ascertaining
compliance with any of the provisions of a tribal-state gaming compact or the tribal gaming
oversight act. Subpoenas issued pursuant to this subsection may be served upon individuals
and corporations in the same manner provided in K.S.A. 60-304 and amendments thereto
for the service of process by any officer authorized to serve subpoenas in civil actions or by
the executive director or an agent or representative designated by the executive director. In
the case of the refusal of any person to comply with any such subpoena, the executive
director may make application to any court of competent jurisdiction.
(e) The state gaming agency may institute the dispute resolution procedure, in
accordance with a tribal-state gaming compact, to ensure production of the documents
required by the tribal-state gaming compact and to ensure compliance with all provisions
of the compact.
(f) The state gaming agency shall monitor, examine and inspect tribal gaming to ensure
that tribal gaming is conducted in compliance with tribal-state gaming compacts.
(g) The state gaming agency shall review all licensing and disciplinary actions taken by
tribal gaming commissions or any party involved in the tribal gaming and assess if the action
complies with the terms of the applicable tribal-state gaming compact.
(h) The executive director, or a designated employee, shall report any substantial
noncompliance with a tribal-state gaming compact to the governor.
(i) The state gaming agency may negotiate a resolution between any tribe conducting
or operating tribal gaming and any local or county governmental entity regarding the
allocation or payment of additional expenses or costs incurred by the governmental entity
as a result of tribal gaming, as provided by the applicable tribal-state gaming compacts.
(j) The state gaming agency may adopt background investigation and fingerprinting
policies or procedures in accordance with the terms of tribal-state gaming compacts.
(k) The state gaming agency shall perform all functions and duties required to comply
with and ensure tribal compliance with tribal-state gaming compacts.
(l) The state gaming agency shall require fingerprinting of all persons necessary to verify
qualifications for employment by the state gaming agency or to verify qualification for any
license issued pursuant to a tribal-state gaming compact. The state gaming agency shall
submit such fingerprints to the Kansas bureau of investigation and to the federal bureau of
investigation for the purposes of verifying the identity of such persons and obtaining records
of criminal arrests and convictions.
(m) (1) The state gaming agency may receive individual and corporate taxpayer
information from the Kansas department of revenue. The state gaming agency may receive
from the Kansas bureau of investigation or other criminal justice agencies, including but
not limited to the federal bureau of investigation and the federal internal revenue service,
such criminal history record information (including arrest and nonconviction data), criminal
intelligence information and information relating to criminal and background investigations
as necessary for the purpose of determining qualifications of employees of and applicants
for employment by the state gaming agency and determining qualifications of licensees and
applicants for licensure in tribal gaming. Upon the written request of the executive director,
the state gaming agency may receive from the district courts such information relating to
juvenile proceedings as necessary for the purpose of determining qualifications of employees
of and applicants for employment by the state gaming agency and determining qualifications
of licensees of and applicants for licensure in tribal gaming.
(2) The state gaming agency may disclose information received pursuant to subsection
(m)(1) to a tribal gaming commission as necessary for the purpose of determining
qualifications of employees of or applicants for employment by such tribal gaming
commission or qualifications of licensees or applicants for licensure by such tribal gaming
commission.
(3) Any information, other than conviction data, received by the state gaming agency
pursuant to subsection (m)(1) or by a tribal gaming commission pursuant to subsection
(m)(2) shall be confidential and shall not be disclosed except to the executive director,
employees of the state gaming agency and members and employees of the tribal gaming
commission as necessary for the purposes specified by subsections (m)(1) and (m)(2) and
upon written request to the executive director to agencies of other states who are engaged
in the regulation of Class III or casino gaming. Any other disclosure of such confidential
information is a class A nonperson misdemeanor and shall constitute grounds for removal
from office, termination of employment or denial, revocation or suspension of any license
issued by the tribal gaming commission.
(n) The executive director may adopt rules and regulations to implement, administer
and enforce the provisions of the tribal gaming oversight act.
Sec. 6. K.S.A. 1999 Supp. 74-9808 is hereby amended to read as follows: 74-9808. (a)
There is hereby created the tribal gaming fund in the state treasury.
(b) All amounts collected by the state gaming agency pursuant to tribal-state gaming
compacts shall be remitted to the state treasurer, who shall deposit the entire amount in
the state treasury and credit it to the tribal gaming fund. All moneys credited to such fund
shall be expended or transferred only for the purposes and in the manner provided by this
act and tribal-state gaming compacts. Expenditures from such 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 executive director or a person designated by
the executive director.
(c) All operating expenses of the state gaming agency and the provisions of the tribal
gaming oversight act shall be paid from the tribal gaming fund.
(d) The executive director and the director of accounts and reports may provide for the
establishment of such accounts in the tribal gaming fund as necessary or expedient to carry
out the state's responsibilities and authority under tribal-state gaming compacts and the
provisions of the tribal gaming oversight act.
(e) Any appropriation or transfer of state general fund moneys for operations of the
state gaming agency and any other expenses incurred in connection with the administration
and enforcement of tribal-state gaming compacts or the provisions of the tribal gaming
oversight act shall be considered a loan and shall be repaid with interest to the state general
fund in accordance with appropriation acts. Such loan shall not be considered an
indebtedness or debt of the state within the meaning of section 6 of article 11 of the
constitution of the state of Kansas. Such loan shall bear interest at a rate equal to the rate
prescribed by K.S.A. 75-4210 and amendments thereto for inactive accounts of the state
effective on the first day of the month during which the appropriation or transfer takes
effect.
(f) At the time of repayment of a loan pursuant to subsection (d), the executive director
shall certify to the director of accounts and reports the amount to be repaid and any interest
due thereon. Upon receipt of such certification, the director of accounts and reports shall
promptly transfer the amount certified from the tribal gaming fund to the state general fund
reimbursed in accordance with the tribal-state gaming compact.
New Sec. 7. Whenever a Native American Indian tribal law enforcement agency or law
enforcement officer of such tribal agency is requested by a state, county or city law
enforcement agency or law enforcement officer of such agency to assist such state, county
or city agency or officer, the tribal law enforcement agency or officer shall be considered
to be a law enforcement agency or officer of such state, county or city agency and shall have
the same powers, duties and immunities of such state, county or city agency during the
period of time in which the tribal law enforcement agency or officer is providing such
assistance.
Sec. 8. K.S.A. 12-2903 and 12-2904 and K.S.A. 1999 Supp. 74-9803, 74-9804, 74-9805
and 74-9808 are hereby repealed.
Sec. 9. This act shall take effect and be in force from and after its publication in the
statute book.'';
In the title, by striking all in lines 9, 10 and 11 and inserting:
``AN ACT concerning Native American Indians; relating to powers and duties of certain
public agencies in relation thereto; amending K.S.A. 12-2903 and 12-2904 and K.S.A.
1999 Supp. 74-9803, 74-9804, 74-9805 and 74-9808 and repealing the existing sections.'';
and the substitute bill be passed as amended.
Also HB 2838, as amended by House Committee, be amended on page 9, by striking all
in line 5 and inserting:
``Sec. 10. K.S.A. 38-614 is hereby amended to read as follows: 38-614. For the purposes
of article 6 of chapter 38 of the Kansas Statutes Annotated, or acts amendatory thereto or
supplementary thereof and amendments thereto, the following shall not be considered
employment:
(1) Children employed by their parents in nonhazardous occupations;
(2) domestic service;
(3) casual labor in or around a private home;
(4) delivery or messenger work;
(5) delivering or distributing newspapers or shopping news;
(6) agricultural, horticultural, livestock or dairying pursuits and employments incident
thereto; and
(7) except as provided by sections 1 through 8, and amendments thereto, children
employed as actors, actresses or performers in motion pictures, theatrical, radio or television
productions.
Such exempt services shall not be performed by a child attending school during hours in
which the public school is in session in the district in which such child resides.
New Sec. 11. (a) This section shall be known and may be cited as the newborn infant
protection act.
(b) A parent or other person having lawful custody of an infant which is 45 days old or
younger and which has not suffered bodily harm may surrender physical custody of the
infant to any employee who is on duty at a fire station, city or county health department or
medical care facility as defined by K.S.A. 65-425, and amendments thereto. Such employee
shall take physical custody of an infant surrendered pursuant to this section.
(c) As soon as possible after a person takes physical custody of an infant under this
section, such person shall notify a local law enforcement agency that the person has taken
physical custody of an infant pursuant to this section. Upon receipt of such notice a law
enforcement officer from such law enforcement agency shall take custody of the infant as
an abandoned child. The law enforcement agency shall deliver the infant to a facility or
person designated by the secretary of the department of social and rehabilitation services
pursuant to K.S.A. 38-1528, and amendments thereto.
(d) Any person, city or county or agency thereof or medical care facility taking physical
custody of an infant surrendered pursuant to this section shall perform any act necessary to
protect the physical health or safety of the infant, and shall be immune from liability for
any injury to the infant that may result therefrom.
Sec. 12. K.S.A. 21-3604 is hereby amended to read as follows: 21-3604. (a)
Abandonment of a child is the leaving of a child under the age of 16 years, in a place where
such child may suffer because of neglect, by the parent, guardian or other person to whom
the care and custody of such child shall have been entrusted, when done with intent to
abandon such child.
Abandonment of a child is a severity level 8, person felony.
(b) No parent or other person having lawful custody of an infant shall be prosecuted for
a violation of this section, if such parent or person surrenders custody of an infant in the
manner provided by section 11, and amendments thereto, and if such infant has not suffered
bodily harm.
Sec. 13. K.S.A. 38-1529 is hereby amended to read as follows: 38-1529. (a) Whenever
the state department of social and rehabilitation services or any other person refers a case
to the county or district attorney for the purpose of filing a petition alleging that a child is
a child in need of care, the county or district attorney shall review the facts and
recommendations of the department and any other evidence available and make a
determination whether or not the circumstances warrant the filing of the petition.
(b) Any individual may file a petition alleging a child is a child in need of care and the
individual may be represented by the individual's own attorney in the presentation of the
case.
(c) When a petition is filed alleging an infant surrendered pursuant to section 11, and
amendments thereto, is a child in need of care, the petition shall include a request that the
court find that reintegration is not a viable alternative. Such petition also shall include a
request to terminate the parental rights of the parents of such infant. An expedited hearing
shall be granted on any petition filed pursuant to this subsection.
Sec. 14. K.S.A. 1999 Supp. 38-1583 is hereby amended to read as follows: 38-1583. (a)
When the child has been adjudicated to be a child in need of care, the court may terminate
parental rights when the court finds by clear and convincing evidence that the parent is
unfit by reason of conduct or condition which renders the parent unable to care properly
for a child and the conduct or condition is unlikely to change in the foreseeable future.
(b) In making a determination hereunder the court shall consider, but is not limited to,
the following, if applicable:
(1) Emotional illness, mental illness, mental deficiency or physical disability of the
parent, of such duration or nature as to render the parent unlikely to care for the ongoing
physical, mental and emotional needs of the child;
(2) conduct toward a child of a physically, emotionally or sexually cruel or abusive
nature;
(3) excessive use of intoxicating liquors or narcotic or dangerous drugs;
(4) physical, mental or emotional neglect of the child;
(5) conviction of a felony and imprisonment;
(6) unexplained injury or death of another child or stepchild of the parent;
(7) reasonable efforts by appropriate public or private child caring agencies have been
unable to rehabilitate the family; and
(8) lack of effort on the part of the parent to adjust the parent's circumstances, conduct
or conditions to meet the needs of the child.
(c) In addition to the foregoing, when a child is not in the physical custody of a parent,
the court, in proceedings concerning the termination of parental rights, shall also consider,
but is not limited to the following:
(1) Failure to assure care of the child in the parental home when able to do so;
(2) failure to maintain regular visitation, contact or communication with the child or
with the custodian of the child;
(3) failure to carry out a reasonable plan approved by the court directed toward the
integration of the child into the parental home; and
(4) failure to pay a reasonable portion of the cost of substitute physical care and
maintenance based on ability to pay.
In making the above determination, the court may disregard incidental visitations,
contacts, communications or contributions.
(d) The rights of the parents may be terminated as provided in this section if the court
finds that the parents have abandoned the child, the custody of the child was surrendered
pursuant to section 11, and amendments thereto, or the child was left under such
circumstances that the identity of the parents is unknown and cannot be ascertained, despite
diligent searching, and the parents have not come forward to claim the child within three
months after the child is found.
(e) The existence of any one of the above standing alone may, but does not necessarily,
establish grounds for termination of parental rights. The determination shall be based on
an evaluation of all factors which are applicable. In considering any of the above factors for
terminating the rights of a parent, the court shall give primary consideration to the physical,
mental or emotional condition and needs of the child. If presented to the court and subject
to the provisions of K.S.A. 60-419, and amendments thereto, the court shall consider as
evidence testimony from a person licensed to practice medicine and surgery, a licensed
psychologist or a licensed social worker expressing an opinion relating to the physical, mental
or emotional condition and needs of the child. The court shall consider any such testimony
only if the licensed professional providing such testimony is subject to cross-examination.
(f) A termination of parental rights under the Kansas code for care of children shall not
terminate the right of the child to inherit from or through the parent. Upon such
termination, all the rights of birth parents to such child, including their right to inherit from
or through such child, shall cease.
(g) If, after finding the parent unfit, the court determines a compelling reason why it is
not in the best interests of the child to terminate parental rights or upon agreement of the
parents, the court may award permanent guardianship to an individual providing care for
the child, a relative or other person with whom the child has a close emotional attachment.
Prior to awarding permanent guardianship, the court shall receive and consider an
assessment as provided in K.S.A. 59-2132 and amendments thereto of any potential
permanent guardian. Upon appointment of a permanent guardian, the court shall enter an
order discharging the child from the court's jurisdiction.
(h) If a parent is convicted of an offense as provided in subsection (7) of K.S.A. 38-1585
and amendments thereto or is adjudicated a juvenile offender because of an act which if
committed by an adult would be an offense as provided in subsection (7) of K.S.A. 38-1585
and amendments thereto, and if the victim was the other parent of a child, the court may
disregard such convicted or adjudicated parent's opinions or wishes in regard to the
placement of such child.
Sec. 15. K.S.A. 1999 Supp. 38-1585 is hereby amended to read as follows: 38-1585. (a)
It is presumed in the manner provided in K.S.A. 60-414 and amendments thereto that a
parent is unfit by reason of conduct or condition which renders the parent unable to fully
care for a child, if the state establishes by clear and convincing evidence that:
(1) A parent has previously been found to be an unfit parent in proceedings under K.S.A.
38-1581 et seq. and amendments thereto, or comparable proceedings under the laws of
another state, or the federal government;
(2) a parent has twice before been convicted of a crime specified in article 34, 35, or
36 of chapter 21 of the Kansas Statutes Annotated, or comparable offenses under the laws
of another state, the federal government or any foreign government, or an attempt or
attempts to commit such crimes and the victim was under the age of 18 years;
(3) on two or more prior occasions a child in the physical custody of the parent has been
adjudicated a child in need of care as defined by subsection (a)(3) of K.S.A. 38-1502 and
amendments thereto;
(4) the parent has been convicted of causing the death of another child or stepchild of
the parent;
(5) the child has been in an out-of-home placement, other than kinship care, under
court order for a cumulative total period of one year or longer and the parent has
substantially neglected or willfully refused to carry out a reasonable plan, approved by the
court, directed toward reintegration of the child into the parental home;
(6) (1) (A) the child has been in an out-of-home placement, other than kinship care,
under court order for a cumulative total period of two years or longer; (2) (B) the parent
has failed to carry out a reasonable plan, approved by the court, directed toward
reintegration of the child into the parental home; and (3) (C) there is a substantial probability
that the parent will not carry out such plan in the near future; or
(7) a parent has been convicted of capital murder, K.S.A. 21-3439 and amendments
thereto, murder in the first degree, K.S.A. 21-3401 and amendments thereto, murder in the
second degree, K.S.A. 21-3402 and amendments thereto or voluntary manslaughter, K.S.A.
21-3403 and amendments thereto, or if a juvenile has been adjudicated a juvenile offender
because of an act which if committed by an adult would be an offense as provided in this
subsection, and the victim of such murder was the other parent of the child.; or
(8) the parent has been granted immunity from prosecution for abandonment of such
child under subsection (b) of K.S.A. 21-3604, and amendments thereto.
(b) The burden of proof is on the parent to rebut the presumption. If a parent has been
convicted of capital murder, K.S.A. 21-3439 and amendments thereto or murder in the first
degree, K.S.A. 21-3401 and amendments thereto as provided in subsection (a)(7), the
burden of proof is on the parent to rebut the presumption by clear and convincing evidence.
In the absence of proof that the parent is presently fit and able to care for the child or that
the parent will be fit and able to care for the child in the foreseeable future, the court shall
now terminate the parents parental rights in proceedings pursuant to K.S.A. 38-1581 et seq.
and amendments thereto.
Sec. 16. K.S.A. 21-3604, 38-102, 38-614 and 38-1529 and K.S.A. 1999 Supp. 38-1583
and 38-1585 are hereby repealed.'';
By renumbering the remaining section accordingly;
In the title, by striking all in lines 10 through 13 and inserting:
``AN ACT concerning children and minors; concerning the health, safety and welfare
thereof; amending K.S.A. 21-3604, 38-102, 38-614, 38-1529 and K.S.A. 1999 Supp. 38-
1583 and 38-1585 and repealing the existing sections.''; and the bill be passed as
amended.
Committee on Judiciary recommends HB 2372, as amended by House Committee, be
passed.
REPORT ON ENGROSSED BILLS
Sub SB 633; SB 668, 671 reported correctly engrossed April 26, 2000.
COMMITTEE OF THE WHOLE
On motion of Senator Emert, the Senate resolved itself into Committee of the Whole for
consideration of bills on the calendar under the heading of General Orders with Senator
Corbin in the chair.
On motion of Senator Corbin the following report was adopted:
Recommended HB 2814 be amended by adoption of the committee amendments.
Senator Lee moved to amend the bill as amended by Senate Committee, on page 1, in
line 24, before ``Section'', by inserting ``New'';
On page 3, following line 25, by inserting the following:
``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.
Subject 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
applicant 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
prescription drugs to that individual and deduct that verified amount from an applicant's
reported 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
together 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
regulations 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
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.
(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
recipient 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
individual. 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
government 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
program 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
experience 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
receive 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
amendments 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 conviction 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 assistance 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
requirements 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
applicant 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
rendered 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
assigned 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 designated as medical support shall be retained by the secretary for repayment of
the unreimbursed 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
implementation and administration of the medical assistance recovery program under this
subsection (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
requirement 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
terminated 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
regulations 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
regulations 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;
In the title, in line 19, after ``ACT'', by inserting ``concerning prescription drugs;''; in line
21, before the period, by inserting ``; amending K.S.A. 1999 Supp. 39-709 and repealing the
existing section''
A ruling of the chair was requested as to the germaneness of the amendment to the bill.
The chair ruled the amendment was germane.
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 14, Nays 25, Present and Passing 1, Absent or Not Voting
0.
Yeas: Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Jones, Lee,
Oleen, Petty, Steineger, Stephens.
Nays: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger,
Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Tyson, Umbarger, Vidricksen, Vratil.
Present and Passing: Harrington.
The motion failed and the amendment was rejected.
The Committee recommended HB 2814, as amended by adoption of the committee
amendments, be passed as amended.
EXPLANATION OF VOTE
Mr. Chairman: An amendment as complicated as this one needs to go through the
scrutiny of the committee process.
Therefore I vote no.--Rich Becker
Mr. Chairman: I vote aye on my amendment, and I am sorry that the majority party
has chosen to kill this amendment on a near party line. My amendment would have allowed
Kansans with moderate incomes facing catastrophic prescription drug costs to qualify for
Medicaid. If ever a non-partisan issue presented itself to this Senate, it was this one.
My constituents sent me to Topeka to represent their interests, and to take advantage of
opportunities when they present themselves. They did not send me here to vote against
legislation that will benefit hundreds of Kansans at a relatively minimal cost simply because
the ``committee process'' has been bypassed.
My amendment is too important to be written off with such a flimsy excuse. Eleven other
states have implemented prescription drug relief similar to what I offered with this
amendment. At a cost of merely $1.5 million this year, and $2 million next year, we could
have provided real prescription relief to hundreds of additional Kansans, including several
of my constituents.
The constituents of members of the majority party would have benefitted, too. I wonder
how many Kansans understand the ``committee process'' well enough to agree with the
majority's decision to kill this program.--Janis K. Lee
HB 3019 be amended by adoption of the committee amendments, be further amended
by motion of Senator Oleen as amended by Senate Committee, on page 1, by striking all in
lines 15 through 43;
By striking all on pages 2 through 5;
On page 6, by striking all in line 7; by striking all in lines 15 through 18; following line
18, by inserting:
``Section 1. K.S.A. 1999 Supp. 74-8905 is hereby amended to read as follows: 74-8905.
(a) The authority is hereby authorized and empowered to may issue bonds, either for a
specific activity or on a pooled basis for a series of related or unrelated activities or projects
duly authorized by a political subdivision or group of political subdivisions of the state in
such amounts as shall be amounts determined by the authority for the purpose of financing
projects of statewide as well as local importance as defined pursuant to K.S.A. 12-1744, and
amendments thereto, capital improvement facilities, educational facilities, health care
facilities and housing developments. Nothing in this act shall be construed to authorize the
authority to issue bonds or use the proceeds thereof to:
(1) Purchase, condemn, or otherwise acquire a utility plant or distribution system owned
or operated by a regulated public utility or;
(2) finance any capital improvement facilities, educational facilities, or health care
facilities which are authorized under the laws of the state to may be financed by the issuance
of general obligation or utility revenue bonds of a political subdivision, except that the
acquisition by the authority of general obligation or utility revenue bonds issued by political
subdivisions with the proceeds of pooled bonds shall not violate the provisions of the
foregoing; or
(3) purchase, acquire, construct, reconstruct, improve, equip, furnish, repair, enlarge or
remodel property for any swine production facility on agricultural land which is owned,
acquired, obtained or leased by a corporation, limited liability company, limited partnership,
corporate partnership or trust.
Nothing in this subsection (a) shall prohibit the issuance of bonds by the authority when
any statute specifically authorizes the issuance of bonds by the authority or approves any
activity or project of a state agency for purposes of authorizing any such issuance of bonds
in accordance with this section and provides an exemption from the provisions of this
subsection (a).
(b) The authority is hereby authorized and empowered to may issue bonds for activities
and projects of state agencies as requested by the secretary of administration. No bonds
may be issued pursuant to this act for any activity or project of a state agency unless the
activity or project either has been approved by an appropriation or other act of the legislature
or has been approved by the state finance council acting on this matter which is hereby
characterized as a matter of legislative delegation and subject to the guidelines prescribed
in subsection (c) of K.S.A. 75-3711c, and amendments thereto. When requested to do so
by the secretary of administration, the authority is further authorized and empowered to
may issue bonds for the purpose of refunding, whether at maturity or in advance of maturity,
any outstanding bonded indebtedness of any state agency. The revenues of any state agency
which are pledged as security for any bonds of such state agency which are refunded by
refunding bonds of the authority may be pledged to the authority as security for the
refunding bonds.
(c) The authority is hereby authorized and empowered to may issue bonds for the
purpose of financing industrial enterprises, agricultural business enterprises, educational
facilities, health care facilities and housing developments, or any combination of such
facilities, or any interest in facilities, including without limitation leasehold interests in and
mortgages on such facilities. No less than 30 days prior to the issuance of any bonds
authorized under this act with respect to any project or activity which is to be undertaken
for the direct benefit of any person or entity which is not a state agency or a political
subdivision, written notice of the intention of the authority to provide financing and issue
bonds therefor shall be given by the president of the authority to the governing body of the
city in which the project or activity is to be located, or,. If the project or activity is not
proposed to be located within a city, such notice shall be given to the governing body of the
county. No bonds for the financing of the project or activity shall be issued by the authority
for a one-year period if, within 15 days after the giving of such notice, the governing body
of the political subdivision in which the project or activity is proposed to be located shall
have duly enacted adopted an ordinance or resolution stating express disapproval of the
project or activity and shall have notified the president of the authority of such disapproval.
(d) The authority is hereby authorized and empowered to may issue bonds for the
purpose of establishing and funding one or more series of venture capital funds in such
principal amounts, at such interest rates, in such maturities, with such security, and upon
such other terms and in such manner as is approved by resolution of the authority. The
proceeds of such bonds not placed in a venture capital fund or used to pay or reimburse
organizational, offering and administrative expenses and fees necessary to the issuance and
sale of such bonds shall be invested and reinvested in such securities and other instruments
as shall be provided in the resolution under which such bonds are issued. Moneys in a
venture capital fund shall be used to make venture capital investments in new, expanding
or developing businesses, including, but not limited to, equity and debt securities, warrants,
options and other rights to acquire such securities, subject to the provisions of the resolution
of the authority. The authority shall establish an investment policy with respect to the
investment of the funds in a venture capital fund not inconsistent with the purposes of this
act. The authority shall enter into an agreement with a management company experienced
in venture capital investments to manage and administer each venture capital fund upon
terms not inconsistent with the purposes of this act and such investment policy. The
authority may establish an advisory board to provide advice and consulting assistance to the
authority and the management company with respect to the management and administration
of each venture capital fund and the establishment of its investment policy. All fees and
expenses incurred in the management and administration of a venture capital fund not paid
or reimbursed out of the proceeds of the bonds issued by the authority shall be paid or
reimbursed out of such venture capital fund.
(e) The authority is hereby authorized and empowered to may issue bonds in one or
more series for the purpose of financing a project of statewide as well as local importance
in connection with a redevelopment plan that is approved by the authority in accordance
with K.S.A. 1999 Supp. 74-8921 and 74-8922, and amendments thereto.
(f) After receiving and approving the feasibility study required pursuant to section 2,
and amendments thereto, the authority may issue bonds in one or more series for the purpose
of financing a multi-sport athletic project in accordance with sections 2 through 4, and
amendments thereto. If the project is to be constructed in phases, a similar feasibility study
shall be performed prior to issuing bonds for the purpose of financing each subsequent phase.
(f) (g) The authority is hereby authorized and empowered to may use the proceeds of
any bond issues herein authorized, together with any other available funds, for venture
capital investments or for purchasing, leasing, constructing, restoring, renovating, altering
or repairing facilities as herein authorized, for making loans, purchasing mortgages or
security interests in loan participations and paying all incidental expenses therewith, paying
expenses of authorizing and issuing the bonds, paying interest on the bonds until revenues
thereof are available in sufficient amounts, purchasing bond insurance or other credit
enhancements on the bonds, and funding such reserves as the authority deems necessary
and desirable. All moneys received by the authority, other than moneys received by virtue
of an appropriation, are hereby specifically declared to be cash funds, restricted in their use
and to be used solely as provided herein. No moneys of the authority other than moneys
received by appropriation shall be deposited with the state treasurer.
(g) (h) Any time the authority is required to publish a notification pursuant to the tax
equity and fiscal responsibility act of 1982, the authority shall further publish such
notification in the Kansas register.
(h) (i) Any time the authority issues bonds pursuant to this section, the authority shall
publish notification of such issuance of bonds at least 14 days prior to any bond hearing in
the official county newspaper where such bonds will be used of the county in which the
project or activity financed by such bonds are located and in the Kansas register.
New Sec. 2. (a) As used in this act:
(1) ``Board'' means the board of trustees of Kansas City Kansas community college;
(2) ``foundation'' means the Kansas multi-sport and recreation foundation;
(3) ``increment'' means that amount of ad valorem taxes collected from real property
located within the project area that is in excess of the amount which is produced from such
property and attributable to the assessed valuation of such property prior to the date the
resolution authorizing the project was adopted by the board or the amount of state and local
sales tax revenue imposed pursuant to K.S.A. 12-187 et seq. and 79-3601 et seq., and
amendments thereto, collected from taxpayers doing business within the boundaries of the
project area that is in excess of the amount of such taxes collected prior to the date the
resolution authorizing the project was adopted by the board;
(4) ``project'' means the construction of a multi-sport athletic complex and the
improvement of facilities within the project area;
(5) ``project area'' means the boundaries of the area in which the project will be
undertaken as described by the board; and
(6) ``taxing subdivision'' shall include the county, the city, the unified school district and
any other taxing subdivision levying real property taxes, the territory or jurisdiction of which
includes the project area.
(b) The board or the foundation on behalf of the board may undertake a project. Such
a project may be undertaken in one or more phases. Prior to undertaking a project, the
board shall adopt a resolution stating its intent to undertake the project, describing the
nature of the proposed project, a detailed description of all of the buildings and facilities
that are proposed to be constructed or improved in the project area, describing the
boundaries of the area in which the proposed project will be undertaken, giving an estimate
of the cost of such project and establishing a date for completion of the project. Any addition
or changes to the project which are contrary to such resolution shall be ratified by the same
procedure as the original resolution of intent.
(c) If the project area identified by the resolution adopted by the board requires the
acquisition of property outside of the boundaries of the college's campus, the governing
body of the county in which such property is located first shall approve the acquisition of
the property after holding a public hearing. Prior to holding the public hearing, the
governing body shall adopt a resolution stating that the property is being so acquired. Such
resolution shall: (1) Give notice that a public hearing will be held to consider the purchase
of the property and fix the date, hour and place of such public hearing; (2) describe the
boundaries of the property; (3) describe a proposed project that identifies all of the proposed
area and that identifies in a general manner all of the buildings and facilities that are
proposed to be constructed or improved in the project area; and (4) state that the governing
body will consider approving such acquisition.
A copy of the resolution providing for the public hearing shall be delivered to the board
of education of any school district levying taxes on property within the proposed project
area. The resolution shall be published once in the official county newspaper not less than
one week nor more than two weeks preceding the date fixed for the public hearing.
(d) Any project may be undertaken in separate development phases. Any project shall
be completed on or before the final scheduled maturity of the first series of bonds issued
to finance the project.
(e) Any moneys which represent the increment as defined by section 2, and amendments
thereto, shall be apportioned to a special fund established by the Kansas development
finance authority for the payment of the costs of the project, including the payment of
principal and interest on any bonds issued to finance such project pursuant to this act and
may be pledged to the payment of principal and interest on such bonds. The maximum
maturity of bonds issued to finance projects pursuant to this act shall not exceed 30 years
from the date of the issuance of the bonds to finance the project.
(f) Before any project is undertaken, the board shall enter into a contract with the lowest
responsible bidder among nationally recognized consultants for the preparation of a
comprehensive feasibility study. The study shall include:'';
Also on page 6, in line 26, by striking ``effect'' and inserting ``affect''; in line 38, by striking
``, except''; in line 39, by striking all before ``derived'';
On page 7, following line 6, by inserting:
``(c) No funds derived from student tuition shall be used to pay the principal or interest
on bonds issued by the authority under subsection (f) of K.S.A. 74-8905, and amendments
thereto.'';
On page 8, in line 19, by striking ``(d)''; in line 27, by striking ``is'' and inserting ``and
K.S.A. 1999 Supp. 74-8905a are'';
In the title, in line 12, before the period, by inserting ``; also repealing K.S.A. 1999 Supp.
74-8905a''
Senator Steineger further amended the bill as amended by Senate Committee, and as
further amended upon motion of Senator Oleen as follows:
On page 5 of the Oleen amendment, in line 30, by striking all after ``amount''; by striking
all after line 30;
On page 6, of the Oleen amendment, in line 1, by striking all before ``of''; in line 9, after
the semicolon, by inserting ``and''; in line 11, by striking ``and''; by striking lines 12 through
14; in line 15, by striking all before the period; in line 30, after ``requires'', by striking
``acquisition of property'' and inserting ``expansion of the project area''; in line 33, by striking
all before ``after'' and inserting ``the boundaries of the project area'';
On page 7, of the Oleen amendment, in line 1, by striking ``the property is being so
acquired'' and inserting ``such boundaries are subject to approval''; in line 3, by striking
``purchase of the property'' and inserting ``proposed boundaries''; in line 4, after ``the'', by
inserting ``proposed''; in line 5, by striking ``of the property'' in line 10, by striking
``acquisition'' and inserting ``approval''; after line 16, by inserting ``If the resolution approving
the boundaries of the project area is adopted by the unified government, the boundaries as
described by the resolution shall be subject to adoption by county-wide election as described
in K.S.A. 12-187 and amendments thereto'';
On page 6, of the bill, by striking lines 36 and 37;
By renumbering the existing paragraphs;
On page 7, of the bill, in line 15, by striking all after the stricken material; by striking all
after line 15;
On page 8, of the bill, by striking all before line 11;
By relettering the existing subsections
Senator Vidricksen further amended the bill as amended by Senate Committee, and as
amended on motion of Senator Oleen, be further amended on page 4 of Senator Oleen's
amendment, following subsection (f), by inserting the following:
``(g) The authority may issue bonds for the purpose of financing resort facilities, as
defined in subsection (a) of K.S.A. 32-867, and amendments thereto, in an amount or
amounts not to exceed $30,000,000 for any one resort. The bonds and the interest thereon
shall be payable solely from revenues of the resort and shall not be deemed to be an
obligation or indebtedness of the state within the meaning of section 6 of article 11 of the
constitution of the state of Kansas. The authority may contract with a subsidiary corporation
formed pursuant to subsection (v) of K.S.A. 74-8904, and amendments thereto, or others
to lease or operate such resort. The provisions of K.S.A. 32-867, 32-868, 32-870 through
32-873 and 32-874a through 32-874d, and amendments thereto, shall apply to resorts and
bonds issued pursuant to this subsection.'';
By relettering subsections accordingly, and HB 3019 be passed as further amended.
Sub SB 341 be amended by adoption of the committee report recommending a substitute
bill, be amended by motion of Senator Pugh on page 14, line 31, by striking the period
following the word court and inserting the following language ``and the evidentiary
restrictions of Section 5(k) shall not apply to the trial de novo.''
Senator Vidricksen amended the bill on page 1, following line 14, by inserting the
following:
``Section 1. K.S.A. 1999 Supp. 8-235d is hereby amended to read as follows: 8-235d.
(a) Drivers' license examiners of the division shall accept original applications for drivers'
licenses and instruction permits, as distinguished from applications for renewals of licenses,
on forms prescribed by the division and also shall issue instruction permits. Drivers' license
examiners of the division shall examine every applicant for a driver's license who is required
by the provisions of the motor vehicle drivers' license act to be examined. Such examination
shall be held in the county where the applicant resides or at a place adjacent thereto
reasonably convenient to the applicant or at a location established by the secretary for the
issuance of a commercial driver's license. Such examination shall include a test of the
applicant's eyesight, the applicant's ability to read and understand highway signs regulating,
warning and directing traffic, the applicant's knowledge of the traffic laws of this state and
shall include an actual demonstration of ability to exercise ordinary and reasonable control
in the operation of motor vehicles which the class of license applied for would entitle the
applicant to drive. At the conclusion of the examination the examiner shall issue a license
to the applicant, if the applicant has successfully passed the examination with the class of
license the applicant has applied for.
(b) In addition to the requirements of subsection (a),:
(1) Any person applying for a driver's license shall comply with the provisions of
subsection (b) of K.S.A. 8-240, and amendments thereto; and
(2) any person who is under the age of 18 years and at least 16 years of age, who is
applying for a driver's license for the first time, not including an instruction permit, shall
submit a signed affidavit of either a parent or guardian, stating that the applicant has
completed at least 50 hours of adult supervised driving with at least 10 of those hours being
at night. The required adult supervised driving required in this subsection shall be conducted
by an adult who is at least 21 years of age and is the holder of a valid commercial driver's
license, class A, B or C driver's license.
Evidence of failure of any licensee who was required to complete the 50 hours of adult
supervised driving under this subsection shall not be admissible in any action for the purpose
of determining any aspect of comparative negligence or mitigation of damages.
Sec. 2. K.S.A. 1999 Supp. 8-237 is hereby amended to read as follows: 8-237. The
division of vehicles shall not issue any driver's license to any person:
(a) Who is under the age of 16 years, except that the division may issue a restricted
class C or M license, as provided in this act, to any person who: (1) Is at least 15 years of
age; (2) has successfully completed an approved course in driver training; (3) has held an
instructional permit issued under the provisions of K.S.A. 8-239, and amendments thereto,
for a period of at least six months and has completed at least 25 hours of adult supervised
driving; and (4) upon the written application of the person's parent or guardian. The required
adult supervised driving required in clause (3) above shall be conducted by an adult who is
at least 21 years of age and is the holder of a valid commercial driver's license, class A, B
or C driver's license. Except as hereafter provided, the application of the parent or guardian
shall be submitted to the division. The governing body of any city, by ordinance, may require
the application of any person who is under 16 years of age and who resides within the city
to be first submitted to the chief law enforcement officer of the city. The board of county
commissioners of any county, by resolution, may require the application of any person who
is under 16 years of age and who resides within the county and outside the corporate limits
of any city to be first submitted to the chief law enforcement officer of the county. No
ordinance or resolution authorized by this subsection shall become effective until a copy of
it is transmitted to the division of vehicles. The chief law enforcement officer of any city or
county which has adopted the ordinance or resolution authorized by this subsection shall
make a recommendation on the application as to the necessity for the issuance of the
restricted license, and the recommendation shall be transmitted, with the application, to
the division of vehicles. If the division finds that it is necessary to issue the restricted license,
it shall issue a driver's license to the person.
A restricted class C license issued under this subsection shall entitle the licensee, while
possessing the license, to operate any motor vehicle in class C, as designated in K.S.A. 8-
234b, and amendments thereto. A restricted class M license shall entitle the licensee, while
possessing such license, to operate a motorcycle. The restricted license shall entitle the
licensee to operate the appropriate vehicle at any time:
(1) While going to or from or in connection with any job, employment or farm-related
work;
(2) on days while school is in session, over the most direct and accessible route between
the licensee's residence and school of enrollment for the purposes of school attendance;
(3) when the licensee is operating a passenger car, at any time when accompanied by
an adult who is the holder of a valid commercial driver's license, class A, B or C driver's
license and who is actually occupying a seat beside the driver; or
(4) when the licensee is operating a motorcycle, at any time when accompanied by an
adult who is the holder of a valid class M driver's license and who is operating a motorcycle
in the general proximity of the licensee.
Any licensee issued a restricted license under this subsection shall not operate any motor
vehicle with nonsibling minor passengers and any conviction for violating this provision shall
be construed as a moving traffic violation for the purpose of K.S.A. 8-255, and amendments
thereto.
A restricted driver's license issued under this subsection is subject to suspension or
revocation in the same manner as any other driver's license. In addition, the division may
suspend the restricted driver's license upon receiving satisfactory evidence that: (1) The
licensee has violated the restriction of the license, (2) the licensee has been involved in two
or more accidents chargeable to the licensee or (3) the recommendation of the chief law
enforcement officer of any city or county requiring the recommendation has been
withdrawn. The suspended license shall not be reinstated for one year or until the licensee
reaches the age of 16, whichever period is longer.
Any licensee issued a restricted license under this subsection who: (1) Is under the age
of 16 years and is convicted of two or more moving traffic violations committed on separate
occasions shall not be eligible to receive a driver's license which is not restricted in
accordance with the provisions of this subsection until the person reaches 17 years of age;
or (2) fails to provide the required affidavit stating that the licensee has completed at least
50 hours of adult supervised driving with 10 of those hours being at night shall not be
eligible to receive a driver's license which is not restricted in accordance with the provisions
of this subsection until the person provides such affidavit to the division or the person
reaches 17 years of age, whichever occurs first.
Any licensee issued a restricted license under this subsection on and after July 1, 1999,
shall provide prior to reaching 16 years of age, a signed affidavit of either a parent or
guardian, stating that the applicant has completed the required 25 hours prior to being
issued a restricted license and 25 hours of additional adult supervised driving. Of the 50
hours required by this subsection, at least 10 of those hours shall be at night. The adult
supervised driving shall be conducted by an adult who is at least 21 years of age and is the
holder of a valid commercial driver's license, class A, B or C driver's license.
Evidence of failure of any licensee who was required to complete the 50 hours of adult
supervised driving under this subsection shall not be admissible in any action for the purpose
of determining any aspect of comparative negligence or mitigation of damages.
(b) Who is under the age of 18 years, except as provided in K.S.A. 1999 Supp. 8-2,147,
and amendments thereto, for the purpose of driving a commercial or class A or B motor
vehicle.
(c) Whose license is currently revoked, suspended or canceled in this or any other state,
except as provided in K.S.A. 8-256, and amendments thereto.
(d) Who is a habitual drunkard, habitual user of narcotic drugs or habitual user of any
other drug to a degree which renders the user incapable of safely driving a motor vehicle.
(e) Who has previously been adjudged to be afflicted with or suffering from any mental
disability or disease and who, at the time of making application for a driver's license, has
not been restored to capacity in the manner provided by law. Application of this limitation
to any person known to have suffered any seizure disorder is subject to the provisions of
paragraph (7) of subsection (e) of K.S.A. 8-247, and amendments thereto.
(f) Who is required by the motor vehicle drivers' license act to take an examination,
unless the person has successfully passed the examination.
(g) Who is at least 16 years of age and less than 17 years of age, who is applying for a
driver's license for the first time since reaching 16 years of age and who, three times or
more, has been adjudged to be a traffic offender under the Kansas juvenile code or a juvenile
offender under the Kansas juvenile justice code, by reason of violation of one or more
statutes regulating the movement of traffic on the roads, streets or highways of this state,
except that, in the discretion of the director, the person may be issued a driver's license
which is restricted in the manner the division deems to be appropriate. No person described
by this subsection shall be eligible to receive a driver's license which is not restricted until
the person has reached the age of 17 years.
(h) Who has not submitted proof of age or proof of identity, as required by K.S.A. 8-
240, and amendments thereto.
(i) Whose presence in the United States is in violation of federal immigration laws.
Sec. 3. K.S.A. 1999 Supp. 8-240 is hereby amended to read as follows: 8-240. (a) Every
application for an instruction permit shall be made upon a form furnished by the division
of vehicles and accompanied by a fee of $2 for class A, B, C or M and $5 for all commercial
classes. Every other application shall be made upon a form furnished by the division and
accompanied by an examination fee of $3, unless a different fee is required by K.S.A. 8-
241, and amendments thereto, and by the proper fee for the license for which the application
is made. If the applicant is not required to take an examination the examination fee shall
not be required. The examination shall consist of three tests, as follows: (1) Vision; (2)
written; and (3) driving. If the applicant fails the vision test, the applicant may have
correction of vision made and take the vision test again without any additional fee. If an
applicant fails the written test, the applicant may take such test again upon the payment of
an additional examination fee of $1.50. If an applicant fails the driving test, the applicant
may take such test again upon the payment of an additional examination fee of $1.50. If an
applicant fails to pass all three of the tests within a period of six months from the date of
original application and desires to take additional tests, the applicant shall file an application
for reexamination upon a form furnished by the division, which shall be accompanied by a
reexamination fee of $3, except that any applicant who fails to pass the written or driving
portion of an examination four times within a six-month period, shall be required to wait a
period of six months from the date of the last failed examination before additional
examinations may be given. Upon the filing of such application and the payment of such
reexamination fee, the applicant shall be entitled to reexamination in like manner and subject
to the additional fees and time limitation as provided for examination on an original
application. If the applicant passes the reexamination, the applicant shall be issued the
classified driver's license for which the applicant originally applied, which license shall be
issued to expire as if the applicant had passed the original examination.
(b) (1) For the purposes of obtaining any driver's license, an applicant, except for any
applicant under 16 years of age, shall provide at least two of the documents specified in
K.S.A. 8-246, and amendments thereto. Any applicant under 16 years of age shall provide
at least one of the documents specified in K.S.A. 8-246, and amendments thereto, which
shall contain the date of birth of the applicant and such applicant's parent or guardian shall
sign the application for any driver's license shall submit, with the application, proof of age
or proof of identity, or both, as the division may require.
(2) An applicant who submits proof of age or of identity issued by an entity other than
a state or the United States shall also submit such proof as the division may require that the
applicant is lawfully present in the United States.
(3) The division shall not issue any driver's license to any person who is not lawfully
present in the United States.
(4) The division shall not issue any driver's license to any person who is not a resident
of the state of Kansas, except as provided in K.S.A. 1999 Supp. 8-2,148, and amendments
thereto.
(5) The parent or guardian of an applicant under 16 years of age shall sign the
application for any driver's license submitted by such applicant.
(c) Every application shall state the name, date of birth, sex and residence address of
the applicant, and briefly describe the applicant, and shall state whether the applicant has
theretofore been licensed as a driver, and, if so, when and by what state or country, and
whether any such license has ever been suspended or revoked, or whether an application
has ever been refused, and, if so, the date of and reason for such suspension, revocation or
refusal. In addition to the above criteria, applications for commercial drivers' licenses and
instruction permits for commercial licenses must include the following: The applicant's
social security number; the person's signature; the person's color photograph; certifications,
including those required by 49 C.F.R. 383.71(a), effective January 1, 1991; a consent to
release driving record information; and, any other information required by the division.
(d) When an application is received from a person previously licensed in another
jurisdiction, the division shall request a copy of the driver's record from the other
jurisdiction. When received, the driver's record shall become a part of the driver's record
in this state with the same force and effect as though entered on the driver's record in this
state in the original instance.
(e) When the division receives a request for a driver's record from another licensing
jurisdiction the record shall be forwarded without charge.
(f) A fee shall be charged as follows:
(1) For a class C driver's license issued to a person at least 21 years of age, but less than
65 years of age, $12;
(2) for a class C driver's license issued to a person less than 21 years of age or 65 years
of age or older, or a farm permit, $8;
(3) for a class M driver's license issued to a person at least 21 years of age, but less than
65 years of age, $6.50;
(4) for a class M driver's license issued to a person less than 21 years of age or 65 years
of age or older, $5;
(5) for a class A or B driver's license issued to a person who is at least 21 years of age,
but less than 65 years of age, $18;
(6) for a class A or B driver's license issued to a person less than 21 years of age or 65
years of age or older, $12; or
(7) for any class of commercial driver's license, $14.
A fee of $10 shall be charged for each commercial driver's license endorsement, except
air brake endorsements which shall have no charge.
If one fails to make an original application or renewal application for a driver's license
within the time required by law, or fails to make application within 60 days after becoming
a resident of Kansas, a penalty of $1 shall be added to the fee charged for the driver's
license.'';
Also on page 1, in line 15, by striking ``Section 1.'' and inserting ``Sec. 4.'';
By renumbering the remaining sections accordingly;
On page 8, following line 24, by inserting the following:
``Sec. 7. K.S.A. 8-1324 is hereby amended to read as follows: 8-1324. (a) Any resident
may make application to the division of vehicles and be issued one identification card,
certified by the registrant and attested by the division as to true name, correct age,
photograph and other identifying data as the division may require. Every application for an
identification card shall be signed and verified by the applicant and shall contain such bona
fide documentary evidence of the age and identity of such applicant as the division may
require. The applicant, except for any applicant under 16 years of age, shall provide at least
two of the documents specified in K.S.A. 8-1326, and amendments thereto. Any applicant
under 16 years of age shall provide at least one of the documents specified in K.S.A. 8-1326,
and amendments thereto, and the applicant's parent or guardian shall sign the application
for the identification card.
(b) An applicant who submits documentary evidence under subsection (a), issued by an
entity other than a state or the United States shall also submit such proof as the division
may require that the applicant is lawfully present in the United States.
(c) The division shall not issue an identification card to any person who is not lawfully
present in the United States.
(d) The parent or guardian of an applicant under 16 years of age shall sign the
application for an identification card submitted by such applicant.
(e) The division shall require payment of a fee of $6 $8 at the time application for an
identification card is made, except that persons who are 65 or more years of age or who are
handicapped, as defined in K.S.A. 8-1,124, and amendments thereto, shall be required to
pay a fee of only $2 $4.
(b) (f) For the purposes of K.S.A. 8-1324 through 8-1328, and amendments thereto, a
person shall be deemed to be a resident of the state if:
(1) The person owns, leases or rents a place of domicile in this state;
(2) the person engages in a trade, business or profession in this state;
(3) the person is registered to vote in this state;
(4) the person enrolls the person's child in a school in this state; or
(5) the person registers the person's motor vehicle in this state.
Sec. 8. K.S.A. 8-1332 is hereby amended to read as follows: 8-1332. (a) When used in
reference to an identification card, ``cancellation'' means that an identification card is
terminated without prejudice and must be surrendered. Cancellation of a card may be made
when such card has been issued through error, because the person is not entitled to a card
or when voluntarily surrendered to the division.
(b) The division is hereby authorized to cancel any identification card upon determining
that the cardholder was not entitled to the issuance of such card or that the cardholder failed
to give the required or correct information in such person's application or committed any
fraud in making such application.
(c) Upon cancellation of an identification card the cardholder must surrender the
identification card so canceled to the division.'';
By renumbering the remaining sections accordingly;
On page 15, in line 33, by striking ``1999 Supp.'' and inserting ``8-1324 and 8-1332 and
K.S.A. 1999 Supp. 8-235d, 8-237, 8-240,'';
In the title, in line 9, by striking all following ``concerning''; by striking all in line 10; in
line 11, by striking all preceding ``8-241'' and inserting ``the powers and duties of the division
of vehicles; relating to the operation of vehicles; amending K.S.A. 8-1324 and 8-1332 and
K.S.A. 1999 Supp. 8-235d, 8-237, 8-240,'';, and Sub SB 341 be passed as amended.
Sub HB 2591, Sub HB 2688 be passed over and retain a place on the calendar.
ORIGINAL MOTION
Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House
of Representatives be suspended for the purpose of considering the following bills: Sub SB
341; HB 2814, 3019.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and Sub SB 341; HB 2814, 3019 were advanced to Final Action and roll call.
Sub SB 341, An act concerning the powers and duties of the division of vehicles; relating
to the operation of vehicles; amending K.S.A. 8-1324 and 8-1332 and K.S.A. 1999 Supp. 8-
235d, 8-237, 8-240, 8-241, 8-1002, 8-1014 and 8-1567a and repealing the existing sections,
was considered on final action.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The substitute bill passed, as amended.
HB 2814, An act establishing the senior pharmacy assistance program; providing for
administration of the program by the secretary of aging, was considered on final action.
On roll call, the vote was: Yeas 38, Nays 1, Present and Passing 1, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Ranson.
Present and Passing: Bleeker.
The bill passed, as amended.
HB 3019, An act concerning the Kansas development finance authority; authorizing the
issuance of bonds for certain purposes; amending K.S.A. 1999 Supp. 74-8905 and repealing
the existing section; also repealing K.S.A. 1999 Supp. 74-8905a, was considered on final
action.
On roll call, the vote was: Yeas 28, Nays 12, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bond, Downey, Emert, Feleciano, Gilstrap, Gooch,
Goodwin, Hensley, Jones, Jordan, Kerr, Langworthy, Lee, Morris, Oleen, Petty, Praeger,
Ranson, Salmans, Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Bleeker, Brownlee, Clark, Corbin, Donovan, Hardenburger, Harrington,
Huelskamp, Lawrence, Pugh, Salisbury, Tyson.
The bill passed, as amended.
On motion of Senator Emert the Senate adjourned until 10:00 a.m., Thursday, April 27,
2000.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.