CHAPTER 159 HOUSE BILL No. 3054 (Amends Chapters 25, 27, 28, 64, 72, 76, 82, 89, 94, 101, 104, 118, 121 and 126) An Act providing for reconciliation of amendments to certain sections of the Kansas Statutes
Annotated; amending K.S.A. 1999 Supp. 19-101a, 20-367, 38-1808, 46-2201 and 75-
7021, K.S.A. 1999 Supp. 16a-2-401, as amended by section 3 of 2000 House Bill No.
2691, K.S.A. 32-920, as amended by section 1 of 2000 House Bill No. 2103, K.S.A. 1999
Supp. 32-937, as amended by section 1 of 2000 House Substitute for Senate Bill No.
568, K.S.A. 32-1032, as amended by section 4 of 2000 House Substitute for Senate Bill
No. 568, K.S.A. 59-2287, as amended by section 7 of 2000 House Bill No. 2671, K.S.A.
1999 Supp. 65-1626, as amended by section 1 of 2000 Senate Bill No. 541, K.S.A. 75-
4209, as amended by section 15 of 2000 Senate Bill No. 501, and K.S.A. 75-4237, as
amended by section 16 of 2000 Senate Bill No. 501, and repealing the existing sections;
also repealing K.S.A. 1999 Supp. 19-101j, 20-367a, 31-133b, 38-1602b, 38-1808a, 46-
2201a and 75-7021a, K.S.A. 1999 Supp. 16a-1-301, as amended by section 1 of 2000
Senate Bill No. 445, K.S.A. 1999 Supp. 16a-2-401, as amended by section 2 of 2000
House Bill No. 2675, K.S.A. 32-920, as amended by section 2 of 2000 House Bill No.
2762, K.S.A. 1999 Supp. 32-937, as amended by section 1 of 2000 House Bill No. 2727,
K.S.A. 32-1032, as amended by section 1 of 2000 House Bill No. 2976, K.S.A. 59-2287,
as amended by section 7 of 2000 House Bill No. 2673, K.S.A. 1999 Supp. 65-1626, as
amended by section 1 of 2000 House Bill No. 2759, K.S.A. 75-4209, as amended by
section 8 of 2000 Substitute for House Bill No. 2527, and K.S.A. 75-4237, as amended
by section 9 of 2000 Substitute for House Bill No. 2527.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1999 Supp. 16a-2-401, as amended by section 3 of
2000 House Bill No. 2691, is hereby amended to read as follows: 16a-2-
401. (1) For any consumer loan incurred pursuant to open end credit,
including, without limitation, a loan pursuant to a lender credit card, a
lender may charge a finance charge at any rate agreed to by the parties,
subject, however, to the limitations on prepaid finance charges set forth
in subsection (6). This subsection does not apply to a consumer loan
secured by a first mortgage or a second mortgage.

      (2) For any consumer loan incurred pursuant to closed end credit, a
lender may charge a periodic finance charge, calculated accordingly to
the actuarial method, not to exceed: (a) 36% per annum on the portion
of the unpaid balance which is $860 or less, and (b) 21% per annum on
the portion of the unpaid balance which exceeds $860, subject, however
to the limitations on prepaid finance charges set forth in subsection (6).
This subsection does not apply to a consumer loan secured by a first
mortgage or a second mortgage.

      (3) For any consumer loan secured by a second mortgage or a con-
sumer loan secured by an interest in a manufactured home as defined by
42 U.S.C. 5402(6), a lender may charge a periodic finance charge, cal-
culated according to the actuarial method, not to exceed 18% per annum,
subject, however to the limitations on prepaid finance charges set forth
in subsection (6). This subsection does not apply if the lender and the
consumer agree in writing that the finance charge for the loan is governed
by K.S.A. 16-207(b), and amendments thereto.

      (4) If the parties to a consumer loan secured by a first mortgage or
a consumer loan secured by an interest in a manufactured home as defined
by 42 U.S.C. 5402(6) agree in writing to make the transaction subject to
the uniform consumer credit code, then the periodic finance charge for
the loan, calculated according to the actuarial method, may not exceed
18% per annum, subject, however to the limitations on prepaid finance
charges set forth in subsection (6).

      (5) This section does not limit or restrict the manner of calculating
the finance charge, whether by way of add-on, discount or otherwise, so
long as the rate and the amount of the finance charge does not exceed
that permitted by this section.

      (6) Prepaid finance charges on consumer loans are limited as follows:

      (a) For a consumer loan secured by a first mortgage or a second
mortgage, or a consumer loan secured by an interest in a manufactured
home as defined by 42 U.S.C. 5402(6), prepaid finance charges in an
amount not to exceed 8% of the amount financed may be charged, pro-
vided that the aggregate amount of prepaid finance charges payable to
the lender or any person related to the lender do not exceed 5% of the
amount financed; and

      (b) for any other consumer loan, prepaid finance charges in an
amount not to exceed the lesser of 2% of the amount financed or $100
may be charged.

      Prepaid finance charges permitted under this subsection are in addition
to finance charges permitted under subsection (1), (2), (3) and (4), as
applicable. Prepaid finance charges permitted under this subsection are
fully earned when paid and are non-refundable, unless the parties agree
otherwise in writing.

      (7) The finance charge limitations in subsections (3) and (4) do not
apply to a consumer loan the finance charge for which is governed by
subsection (h) of K.S.A. 16-207, and amendments thereto.

      (8) If a loan secured by a first mortgage constitutes a ``consumer loan''
under subsection (17) of K.S.A. 16a-1-301, and amendments thereto, by
virtue of the loan-to-value ratio exceeding 100% at the time the loan is
made, then the periodic finance charge for the loan shall not exceed that
authorized by subsection (b) of K.S.A. 16-207, and amendments thereto,
but the loan is subject to the limitations on prepaid finance charges set
forth in paragraph (a) of subsection (6), which prepaid finance charges
may be charged in addition to the finance charges permitted under sub-
section (b) of K.S.A. 16-207, and amendments thereto.

      (9) If, within 12 months after the date of the original loan, a lender
or a person related to the lender refinances a loan with respect to which
a prepaid finance charge was payable to the same lender pursuant to
subsection (6), then the following apply:

      (a) If a prepaid finance charge with respect to the original loan was
payable to the lender pursuant to paragraph (a) of subsection (6), then
the aggregate amount of prepaid finance charges payable to the lender
or any person related to the lender with respect to the new loan may not
exceed 5% of the additional amount financed.

      (b) If a prepaid finance charge with respect to the original loan was
payable to the lender pursuant to paragraph (b) of subsection (6), then
the aggregate amount of prepaid finance charges payable to the lender
or any person related to the lender with respect to the new loan may not
exceed the lesser of 2% of the additional amount financed or $100.

      (c) For purposes of this subsection, ``additional amount financed''
means the difference between: (i) The amount financed for the new loan,
less the amount of all closing costs incurred in connection with the new
loan which are not included in the prepaid finance charges for the new
loan; and (ii) the unpaid principal balance of the original loan.

      (10) For any period in which a finance charge is due on a consumer
loan pursuant to open end credit, the parties may agree on a minimum
amount.

      (11) If the parties to a contract for deed to real estate agree in writing
to make the transaction subject to the uniform consumer credit code,
then the transaction is subject to the same limitations as set forth in
subsections (4) and (6) for a consumer loan secured by a first mortgage.

      (12) This section does not apply to a payday loan governed by K.S.A.
16a-2-404, and amendments thereto.

      Sec.  2. K.S.A. 1999 Supp. 19-101a is hereby amended to read as
follows: 19-101a. (a) The board of county commissioners may transact all
county business and perform all powers of local legislation and adminis-
tration it deems appropriate, subject only to the following limitations,
restrictions or prohibitions:

      (1) Counties shall be subject to all acts of the legislature which apply
uniformly to all counties.

      (2) Counties may not consolidate or alter county boundaries.

      (3) Counties may not affect the courts located therein.

      (4) Counties shall be subject to acts of the legislature prescribing
limits of indebtedness.

      (5) In the exercise of powers of local legislation and administration
authorized under provisions of this section, the home rule power con-
ferred on cities to determine their local affairs and government shall not
be superseded or impaired without the consent of the governing body of
each city within a county which may be affected.

      (6) Counties may not legislate on social welfare administered under
state law enacted pursuant to or in conformity with public law No. 271--
74th congress, or amendments thereof.

      (7) Counties shall be subject to all acts of the legislature concerning
elections, election commissioners and officers and their duties as such
officers and the election of county officers.

      (8) Counties shall be subject to the limitations and prohibitions im-
posed under K.S.A. 12-187 to 12-195, inclusive, and amendments thereto,
prescribing limitations upon the levy of retailers' sales taxes by counties.

      (9) Counties may not exempt from or effect changes in statutes made
nonuniform in application solely by reason of authorizing exceptions for
counties having adopted a charter for county government.

      (10) No county may levy ad valorem taxes under the authority of this
section upon real property located within any redevelopment area estab-
lished under the authority of K.S.A. 12-1772, and amendments thereto,
unless the resolution authorizing the same specifically authorized a por-
tion of the proceeds of such levy to be used to pay the principal of and
interest upon bonds issued by a city under the authority of K.S.A. 12-
1774, and amendments thereto.

      (11) Counties shall have no power under this section to exempt from
any statute authorizing or requiring the levy of taxes and providing sub-
stitute and additional provisions on the same subject, unless the resolution
authorizing the same specifically provides for a portion of the proceeds
of such levy to be used to pay a portion of the principal and interest on
bonds issued by cities under the authority of K.S.A. 12-1774, and amend-
ments thereto.

      (12) Counties may not exempt from or effect changes in the provi-
sions of K.S.A. 19-4601 to 19-4625, inclusive through 19-4625, and
amendments thereto.

      (13) Except as otherwise specifically authorized by K.S.A. 12-1,101
to 12-1,109, inclusive through 12-1,109, and amendments thereto, coun-
ties may not levy and collect taxes on incomes from whatever source
derived.

      (14) Counties may not exempt from or effect changes in K.S.A. 19-
430, and amendments thereto. Any charter resolution adopted by a
county prior to July 1, 1983, exempting from or effecting changes in
K.S.A. 19-430, and amendments thereto, is null and void.

      (15) Counties may not exempt from or effect changes in K.S.A. 19-
302, 19-502b, 19-503, 19-805 or 19-1202, and amendments thereto.

      (16)  (A) Counties may not exempt from or effect changes in K.S.A.
13-13a26, and amendments thereto. Any charter resolution adopted by a
county, prior to the effective date of this act, exempting from or effecting
changes in K.S.A. 13-13a26, and amendments thereto, is null and void.

      (B) This provision shall expire on June 30, 2003.

      (17)  (A) Counties may not exempt from or effect changes in K.S.A.
71-301 71-301a, and amendments thereto. Any charter resolution
adopted by a county, prior to the effective date of this act, exempting
from or effecting changes in K.S.A. 71-301, and amendments thereto, is
null and void.

      (B) This provision shall expire on June 30, 2003.

      (18) Counties may not exempt from or effect changes in K.S.A. 19-
15,139, 19-15,140 and 19-15,141, and amendments thereto. Any charter
resolution adopted by a county prior to the effective date of this act,
exempting from or effecting changes in such sections is null and void.

      (19) Counties may not exempt from or effect changes in the provi-
sions of K.S.A. 12-1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and 12-
1226, and amendments thereto, or the provisions of K.S.A. 1999 Supp.
12-1260 to 12-1270, inclusive through 12-1270 and 12-1276, and amend-
ments thereto, and 12-1276, and amendments thereto.

      (20) Counties may not exempt from or effect changes in the provi-
sions of K.S.A. 19-211, and amendments thereto.

      (21) Counties may not exempt from or effect changes in the provi-
sions of K.S.A. 19-4001 to 19-4015, inclusive through 19-4015, and
amendments thereto.

      (22) Counties may not regulate the production or drilling of any oil
or gas well in any manner which would result in the duplication of reg-
ulation by the state corporation commission and the Kansas department
of health and environment pursuant to chapter 55 and chapter 65 of the
Kansas Statutes Annotated and any rules and regulations adopted pur-
suant thereto. Counties may not require any license or permit for the
drilling or production of oil and gas wells. Counties may not impose any
fee or charge for the drilling or production of any oil or gas well.

      (23) Counties may not exempt from or effect changes in K.S.A. 79-
41a04, and amendments thereto.

      (24) Counties may not exempt from or effect changes in K.S.A. 79-
1611, and amendments thereto.

      (25) Counties may not exempt from or effect changes in K.S.A. 79-
1494, and amendments thereto.

      (26) Counties may not exempt from or effect changes in subsection
(b) of K.S.A. 19-202, and amendments thereto.

      (27) Counties may not exempt from or effect changes in subsection
(b) of K.S.A. 19-204, and amendments thereto.

      (28) Counties may not levy or impose an excise, severance or any
other tax in the nature of an excise tax upon the physical severance and
production of any mineral or other material from the earth or water. Any
resolution adopted by any county prior to the effective date of this act
imposing or levying any such tax is null and void.

      (29) Counties may not exempt from or effect changes in K.S.A. 79-
2017 or 79-2101, and amendments thereto. Any charter resolution
adopted prior to the effective date of this act, which affected the provi-
sions of K.S.A. 79-2017 or 79-2101, and amendments thereto, is hereby
declared to be null and void.

      (30) Counties may not exempt from or effect changes in K.S.A. 2-
3302, 2-3305, 2-3307, 17-5904, 17-5908, 47-1219 or 65-171d or K.S.A.
1999 Supp. 2-3318, 17-5909 or 65-1,178 through 65-1,199, and amend-
ments thereto.

      (31) Counties may not exempt from or effect changes in K.S.A. 1999
Supp. 80-121, and amendments thereto.

      (b) Counties shall apply the powers of local legislation granted in
subsection (a) by resolution of the board of county commissioners. If no
statutory authority exists for such local legislation other than that set forth
in subsection (a) and the local legislation proposed under the authority
of such subsection is not contrary to any act of the legislature, such local
legislation shall become effective upon passage of a resolution of the
board and publication in the official county newspaper. If the legislation
proposed by the board under authority of subsection (a) is contrary to an
act of the legislature which is applicable to the particular county but not
uniformly applicable to all counties, such legislation shall become effec-
tive by passage of a charter resolution in the manner provided in K.S.A.
19-101b, and amendments thereto.

      (c) Any resolution adopted by a county which conflicts with the re-
strictions in subsection (a) is null and void.

      Sec.  3. K.S.A. 1999 Supp. 20-367 is hereby amended to read as fol-
lows: 20-367. Of the remittance of the balance of docket fees received
monthly by the state treasurer from clerks of the district court pursuant
to subsection (f) of K.S.A. 20-362, and amendments thereto, the state
treasurer shall deposit and credit to the access to justice fund, a sum
equal to 6.78% of the remittances of docket fees; to the juvenile detention
facilities fund, a sum equal to 4.35% of the remittances of docket fees;
to the judicial branch education fund, the state treasurer shall deposit
and credit a sum equal to 3.34% of the remittances of docket fees; to the
crime victims assistance fund, the state treasurer shall deposit and credit
a sum equal to .9% of the remittances of the docket fees; to the protection
from abuse fund, the state treasurer shall deposit and credit a sum equal
to 2.68% of the remittances of the docket fees; to the judiciary technology
fund, the state treasurer shall deposit and credit a sum equal to 6.77% of
the remittances of docket fees; to the dispute resolution fund, the state
treasurer shall deposit and credit a sum equal to .56% of the remittances
of docket fees; to the Kansas endowment for youth juvenile delinquency
prevention trust fund, the state treasurer shall deposit and credit a sum
equal to 1.98% of the remittances of docket fees; and to the permanent
families account in the family and children investment fund, the state
treasurer shall deposit and credit a sum equal to .32% of the remittances
of docket fees; to the trauma fund, a sum equal to 2.34% of the remittance
of docket fees. The balance remaining of the remittances of docket fees
shall be deposited and credited to the state general fund.

      Sec.  4. K.S.A. 32-920, as amended by section 1 of 2000 House Bill
No. 2103, is hereby amended to read as follows: 32-920. (a) Except as
provided by subsection (b), no person born on or after July 1, 1957, shall
hunt in this state on land other than such person's own land unless the
person has been issued a certificate of completion of an approved hunter
education course. If such person is required by law to obtain a hunting
license, the person shall attest to or exhibit proof of completion of such
course to the person issuing the license at the time of purchasing the
license. If such person is not required by law to obtain a hunting license
or is less than 27 years of age, the person shall be in possession of the
person's certificate of completion of such course while hunting. A person
may purchase for another person, under rules and regulations adopted
by the secretary in accordance with K.S.A. 32-805 and amendments
thereto, a lifetime hunting or combination hunting and fishing license
without the license recipient's first having been issued a certificate of
completion of an approved hunter education course.

      (b) Prior to July 1, 2002, completion of an approved hunter education
course shall not be required to obtain a special controlled shooting area
hunting license valid only for licensed controlled shooting areas.

      Sec.  5. K.S.A. 1999 Supp. 32-937, as amended by section 1 of 2000
House Substitute for Senate Bill No. 568, is hereby amended to read as
follows: 32-937. (a) When used in this section:

      (1) ``Landowner'' means a resident owner of farm or ranch land of
80 acres or more located in the state of Kansas.

      (2) ``Tenant'' means an individual who is actively engaged in the ag-
ricultural operation of 80 acres or more of Kansas farm or ranch land for
the purpose of producing agricultural commodities or livestock and who:
(A) Has a substantial financial investment in the production of agricultural
commodities or livestock on such farm or ranch land and the potential to
realize substantial financial benefit from such production; or (B) is a bona
fide manager having an overall responsibility to direct, supervise and con-
duct such agricultural operation and has the potential to realize substan-
tial benefit from such production in the form of salary, shares of such
production or some other economic incentive based upon such produc-
tion.

      (3) ``Regular season'' means a statewide big game hunting season au-
thorized annually which may include one or more seasons restricted to
specific types of equipment.

      (4) ``Special season'' means a big game hunting season in addition to
a regular season authorized on an irregular basis or at different times of
the year other than the regular season.

      (5) ``General permit'' means a big game hunting permit available to
Kansas residents not applying for big game permits as a landowner or
tenant.

      (6) ``Nonresident landowner'' means a nonresident of the state of
Kansas who owns farm or ranch land of 80 acres or more which is located
in the state of Kansas.

      (7) ``Nonresident permit'' means a big game hunting permit available
to individuals who are not Kansas residents.

      (b) Except as otherwise provided by law or rules and regulations of
the secretary and in addition to any other license, permit or stamp re-
quired by law or rules and regulations of the secretary, a valid big game
permit and game tags are required to take any big game in this state.

      (c) The fee for big game permits and game tags shall be the amount
prescribed pursuant to K.S.A. 32-988, and amendments thereto.

      (d) A big game permit and game tags are valid throughout the state
or such portion thereof as provided by rules and regulations adopted by
the secretary in accordance with K.S.A. 32-805 and amendments thereto.

      (e) Unless otherwise provided by law or rules and regulations of the
secretary, a big game permit and game tags are valid from the date of
issuance and shall expire at the end of the season for which issued.

      (f) The secretary may adopt, in accordance with K.S.A. 32-805, and
amendments thereto, rules and regulations for each regular or special big
game hunting season and for each management unit regarding big game
permits and game tags. The secretary is hereby authorized to issue big
game permits and game tags pertaining to the taking of big game. Sep-
arate big game permits and game tags may be issued for each species of
big game. No big game permits or game tags shall be issued until the
secretary has established, by rules and regulations adopted in accordance
with K.S.A. 32-805, and amendments thereto, a regular or special big
game hunting season.

      (g) The secretary may authorize, by rule and regulation adopted in
accordance with K.S.A. 32-805, and amendments thereto, landowner or
tenant hunt-on-your-own-land big game permits. Such permits and ap-
plications may contain provisions and restrictions as prescribed by rule
and regulation adopted by the secretary in accordance with K.S.A. 32-
805, and amendments thereto.

      (h) The secretary may authorize, by rule and regulation adopted in
accordance with K.S.A. 32-805 and amendments thereto, special land-
owner or tenant hunt-on-your-own-land deer permits. Such special per-
mits shall not be issued to landowners or tenants in possession of a hunt-
on-your-own-land deer permit as authorized in subsection (g). The special
permits shall be transferable to any immediate family member of the
landowner or tenant, whether or not a Kansas resident, or the permit may
be retained for use by the landowner or tenant. The special permits shall
be transferable through the secretary at the request of the landowner or
tenant and by paying the required fee for a general deer permit. The
special permits and applications may contain provisions and restrictions
as prescribed by rule and regulation adopted by the secretary in accord-
ance with K.S.A. 32-805 and amendments thereto. For the purposes of
this subsection, ``member of the immediate family'' means lineal or col-
lateral ascendants or descendants, and their spouses.

      (i) Fifty percent of the big game permits authorized for a regular
season in any management unit shall be issued to landowners or tenants,
provided that a limited number of big game permits have been authorized
and landowner or tenant hunt-on-your-own-land big game permits for
that unit have not been authorized. A landowner or tenant is not eligible
to apply for a big game permit as a landowner or as a tenant in a man-
agement unit other than the unit or units which includes such landowner's
or tenant's land. Any big game permits not issued to landowners or ten-
ants within the time period prescribed by rule and regulation may be
issued without regard to the 50% limitation.

      (j) Members of the immediate family who are domiciled with a land-
owner or tenant may apply for a resident big game permit as a landowner
or as a tenant, but the total number of landowner or tenant hunt-on-your-
own-land or special hunt-on-your-own-land permits issued to a landowner
or tenant and a landowner's or tenant's immediate family for each big
game species shall not exceed one permit for each 80 acres owned by
such landowner or operated by such tenant. The secretary may require
proof of ownership or tenancy from individuals applying for a big game
permit as a landowner or as a tenant.

      (k) The secretary may issue permits for deer or turkey to nonresident
landowners, but any such permit shall be restricted to hunting only on
lands owned by the nonresident landowner.

      (l) The secretary may issue turkey hunting permits to nonresidents
in turkey management units with unlimited turkey hunting permits avail-
able.

      (m) The secretary may issue deer hunting permits to nonresidents,
subject to the following limitations:

      (1) The total number of nonresident deer firearm permits of each
type specified by rules and regulations that may be issued for a deer
season in a management unit and which may be used to take antlered
deer shall not exceed 10% of the total number of resident deer firearm
permits of such type authorized for such season in such management unit;
and

      (2) the total number of nonresident deer archery permits of each type
specified by rules and regulations that may be issued for a deer season in
a management unit and which may be used to take antlered deer shall
not exceed 15% of the total number of resident deer archery permits of
such type authorized for such season in such management unit.

      Nonresident deer archery permits may be restricted to a particular deer
species without regard to resident deer archery permit species restric-
tions, or lack thereof.

      If an unlimited number of resident deer permits that may be used to
take antlered deer is authorized for a deer season or management unit,
the percentage limitations of subsections (m)(1) and (m)(2) shall be based
upon the total number of resident firearm permits that may be used to
take antlered deer and the total number of archery permits that may be
used to take antlered deer, respectively, issued in the management unit
during the most recent preceding similar season. If in a management unit
there are an unlimited number of resident permits that may be used to
take only antlerless deer, the secretary, in the secretary's discretion and
in accordance with rules and regulations, may authorize the issuance of
an unlimited number of nonresident permits that may be used to take
only antlerless deer.

      (n) Any nonresident deer hunting permits authorized under subsec-
tion (m) that remain unissued due to an insufficient number of nonresi-
dent applications as of a deadline determined by the secretary, shall be
made available to residents.

      (o) The secretary shall issue nonresident deer permits pursuant to
subsection (m) to landowners and tenants applying for such permits, ex-
cept that the total number of nonresident deer permits of each type spec-
ified by rules and regulations that may be issued to landowners and ten-
ants for a deer season in a management unit shall not exceed 50% of the
total number of nonresident deer permits of such a type authorized for
such season in such management unit. A nonresident deer permit ob-
tained by a landowner or tenant shall retain the permit's original desig-
nation, except that such permit shall be transferable, with or without
consideration, to any resident or nonresident through the secretary at the
request of the landowner or tenant. A landowner or tenant purchasing a
nonresident deer permit pursuant to this subsection shall pay the estab-
lished fee for a nonresident deer permit.

      The provisions of this subsection shall expire on June 30, 2004.

      (p) No big game permit issued to a person under 14 years of age shall
be valid until such person reaches 14 years of age, except that a person
who is 12 years or 13 years of age and has been issued a certificate of
completion of an approved hunter education course may be issued: (1) A
deer archery permit if the person submits to the secretary evidence, sat-
isfactory to the secretary, of completion of a bow hunting safety education
course; or (2) a wild turkey firearm permit. Such deer archery permit or
turkey firearm permit shall be may be issued a permit valid only while
the individual person is hunting under the immediate supervision of an
adult who is 21 years of age or older, to: (1) Take big game using a firearm;
or (2) take big game using a bow, if the person submits to the secretary
evidence satisfactory to the secretary of completion of a bow hunting
safety education course.

      (q) A big game permit shall state the species, number and sex of the
big game which may be killed by the permittee. The secretary may furnish
an informational card with any big game permit and, at the conclusion of
the open season, each permittee receiving such card shall return the card
to the department, giving such information as is called for on the card.

      (r) The permittee shall permanently affix the game tag to the carcass
of any big game immediately after killing and thereafter, if required by
rules and regulations, the permittee shall immediately take such killed
game to a check station as required in the rules and regulations, where a
check station tag shall be affixed to the game carcass if the kill is legal.
The tags shall remain affixed until the carcass is consumed or processed
for storage.

      (s) The provisions of this section do not apply to big game animals
sold in surplus property disposal sales of department exhibit herds or big
game animals legally taken outside this state.

      Sec.  6. K.S.A. 32-1032, as amended by section 4 of 2000 House Sub-
stitute for Senate Bill No. 568, is hereby amended to read as follows: 32-
1032. (a) Violation of any provision of the wildlife and parks laws of this
state or rules and regulations of the secretary relating to big game permits
and game tags is a misdemeanor, subject to the provisions of subsection
(b), punishable by a fine of not less than $250 nor more than $1,000 or
by imprisonment in the county jail for not more than six months, or by
both.

      (b)  (1) In addition to any other penalty prescribed by law, the un-
lawful intentional taking of a trophy big game animal shall be punishable
by a fine of $5,000.

      (2) A trophy big game animal shall include any animal meeting the
following criteria:

      (A) An antlered whitetail deer having an inside spread measurement
of at least 17 inches;

      (B) an antlered mule deer having an inside spread measurement of at
least 22 inches;

      (C) an antlered elk having at least six points on one antler; or

      (D) an antelope having at least one horn greater than 14 inches in
length.

      (3) The secretary may adopt, in accordance with K.S.A. 32-805, and
amendments thereto, such rules and regulations that the secretary deems
necessary to implement and define the terms of this section.

      (b) (c) In addition to any other penalty imposed by the convicting
court, if a person is convicted of a violation of K.S.A. 32-1002, 32-1003
or 32-1013, and amendments thereto, that involves taking of a big game
animal, or if a person is convicted of a violation of K.S.A. 32-1005, and
amendments thereto, that involves commercialization of a big game ani-
mal, the court shall order:

      (1) Upon the first such conviction, forfeiture of the person's hunting
privileges for one year from the date of conviction and: (A) Revocation
of the person's hunting license, unless such license is a lifetime hunting
license; or (B) if the person possesses a lifetime hunting license, suspen-
sion of such license for one year from the date of conviction.

      (2) Upon the second such conviction, forfeiture of the person's hunt-
ing privileges for three years from the date of conviction and: (A) Revo-
cation of the person's hunting license, unless such license is a lifetime
hunting license; or (B) if the person possesses a lifetime hunting license,
suspension of such license for three years from the date of conviction.

      (3) Upon the third or a subsequent such conviction, forfeiture of the
person's hunting privileges for five years from the date of conviction and:
(A) Revocation of the person's hunting license, unless such license is a
lifetime hunting license; or (B) if the person possesses a lifetime hunting
license, suspension of such license for five years from the date of convic-
tion.

      (c) (d) If a person convicted of a violation described in subsection (b)
(c) has been issued a combination hunting and fishing license or a com-
bination lifetime license, only the hunting portion of such license shall be
revoked or suspended pursuant to subsection (b) (c).

      (d) (e) Nothing in this section shall be construed to prevent a con-
victing court from suspending a person's hunting privileges or ordering
the forfeiture or suspension of the person's license, permit, stamp or other
issue of the department for a period longer than provided in this section,
if such forfeiture or suspension is otherwise provided for by law.

      Sec.  7. K.S.A. 1999 Supp. 38-1808 is hereby amended to read as
follows: 38-1808. (a) There is hereby established in the state treasury the
family and children investment fund. The family and children investment
fund shall be administered as provided in this section.

      (b) There shall be credited to the family and children investment
fund appropriations, gifts, grants, contributions, matching funds and par-
ticipant payments.

      (c)  (1) There is hereby created the family and children trust account
in the family and children investment fund. The secretary of social and
rehabilitation services shall administer the family and children trust ac-
count.

      (2) Moneys credited to the family and children trust account shall be
used for the following purposes: (A) Matching federal moneys to purchase
services relating to community-based programs for the broad range of
child abuse and neglect prevention activities; (B) providing start-up or
expansion grants for community-based prevention projects for the broad
range of child abuse and neglect prevention activities; (C) studying and
evaluating community-based prevention projects for the broad range of
child abuse and neglect prevention activities; (D) preparing, publishing,
purchasing and disseminating educational material dealing with the broad
range of child abuse and neglect prevention activities; and (E) payment
of the administrative costs of the family and children trust account and
of that portion of the Kansas children's cabinet, established pursuant to
K.S.A. 1999 Supp. 38-1901, and amendments thereto, which are attrib-
utable to the family and children trust account, and that portion of the
administrative costs of the board of trustees, of the Kansas public em-
ployees retirement system established by K.S.A. 74-4905, and amend-
ments thereto, which are attributable to the family and children endow-
ment account of the family and children investment fund. No moneys in
the family and children trust account shall be used for the purpose of
providing services for the voluntary termination of pregnancy.

      (3) Expenditures from the family and children trust account shall be
subject to the approval of the Kansas children's cabinet established pur-
suant to K.S.A. 1999 Supp. 38-1901, and amendments thereto. All ex-
penditures from the family and children trust account shall be made in
accordance with appropriation acts upon warrants of the director of ac-
counts and reports issued pursuant to vouchers approved by the secretary
of social and rehabilitation services or a person designated by the secre-
tary.

      (d)  (1) There is hereby created the permanent families account in
the family and children investment fund. The judicial administrator of
the courts shall administer this account.

      (2) Moneys credited to the permanent families account shall be used
for the following purposes: (A) Not more than 12% of the amount cred-
ited to the permanent families account during the fiscal year may be used
to provide technical assistance to district courts or local groups wanting
to establish a local citizen review board or a court-appointed special ad-
vocate program, including but not limited to such staff as necessary to
provide such assistance, and to provide services necessary for the admin-
istration of such board or program, including but not limited to grants
administration, accounting, data collection, report writing and training of
local citizen review board staff; (B) grants to court-appointed special ad-
vocate programs, upon application approved by the administrative chief
judge of the judicial district where the program is located; and (C) grants
to district courts, upon application of the administrative chief judge of the
judicial district, for expenses of establishment, operation and evaluation
of local citizen review boards in the judicial district, including costs of: (i)
Employing local citizen review board coordinators and clerical staff; (ii)
telephone, photocopying and office equipment and supplies for which
there are shown to be no local funds available; (iii) mileage of staff and
board members; and (iv) training staff and board members.

      (3) In addition to the other duties and powers provided by law, in
administering the permanent families account, the judicial administrator
shall:

      (A) Accept and receive grants, loans, gifts or donations from any pub-
lic or private entity in support of programs administered by the judicial
administrator and assist in the development of supplemental funding
sources for local and state programs;

      (B) consider applications for and make such grants from the perma-
nent families account as authorized by law; and

      (C) receive reports from local citizen review boards established pur-
suant to K.S.A. 38-1812, and amendments thereto, regarding the status
of children under the supervision of the district courts and regarding
systemic barriers to permanence for children, assure that appropriate data
is maintained regularly and compiled at least once a year by such boards
on all cases reviewed and assure that the effectiveness of such boards is
evaluated on an ongoing basis, using, where possible, random selection
of local citizen review boards and cases for the evaluation and including
client outcome data to determine effectiveness.

      (4) All expenditures from the permanent families account shall be
made in accordance with appropriation acts upon warrants of the director
of accounts and reports issued pursuant to vouchers approved by the
judicial administrator or a person designated by the judicial administrator.

      (e) The family and children endowment account of the family and
children investment fund shall constitute and shall be administered as an
endowment for the purposes for which expenditures may be made from
the family and children trust account of the family and children invest-
ment fund. The family and children endowment account of the family
and children investment fund shall be invested by the board of trustees
of the Kansas public employees retirement system established by K.S.A.
74-4905, and amendments thereto. All interest or other income of the
investments of the moneys in the family and children trust endowment
account of the family and children investment fund, after payment of any
management and administrative fees, shall be considered income of the
family and children trust account of the family and children investment
fund and shall be deposited in the state treasury to the credit of the family
and children trust account of the family and children investment fund.

      (f) On or before the 10th of each month, the director of accounts and
reports shall transfer from the state general fund to the family and chil-
dren investment fund interest earnings based on:

      (1) The average daily balance of moneys in the family and children
investment fund for the preceding month, excluding all amounts credited
to the family and children endowment account of the family and children
investment fund; and

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

      Sec.  8. K.S.A. 1999 Supp. 46-2201 is hereby amended to read as
follows: 46-2201. (a) There is hereby created the joint committee on pen-
sions, investments and benefits which shall be composed of five senators
and eight members of the house of representatives. The five senate mem-
bers shall be the chairperson of the standing committee on ways and
means of the senate, or a member of such committee appointed by the
chairperson, two members appointed by the president and two members
appointed by the minority leader. The eight representative members shall
be the chairperson of the standing committee on appropriations of the
house of representatives, or a member of such committee appointed by
the chairperson, four members appointed by the speaker and three mem-
bers appointed by the minority leader.

      (b) All members of the joint committee on pensions, investments and
benefits shall serve for terms ending on the first day of the regular leg-
islative session in odd-numbered years. The chairperson and vice-chair-
person serving on the effective date of this act will continue to serve in
such capacities through June 30, 1998. On and after July 1, 1998, and
until the first day of the 1999 regular legislative session, the chairperson
shall be one of the senate members of the joint committee selected by
the president and the vice-chairperson shall be one of the representative
members selected by the speaker. Thereafter, on and after the first day
of the regular legislative session in odd-numbered years, the chairperson
shall be one of the representative members of the joint committee se-
lected by the speaker and the vice-chairperson shall be one of the senate
members selected by the president and on and after the first day of the
regular legislative session in even-numbered years, the chairperson shall
be one of the senate members of the joint committee selected by the
president and the vice-chairperson shall be one of the representative
members of the joint committee selected by the speaker. The chairperson
and vice-chairperson of the joint committee shall serve in such capacities
until the first day of the regular legislative session in the ensuing year.
The vice-chairperson shall exercise all of the powers of the chairperson
in the absence of the chairperson.

      (c) The joint committee on pensions, investments and benefits shall
meet at any time and at any place within the state on call of the chair-
person. Members of the joint committee shall receive compensation and
travel expenses and subsistence expenses or allowances as provided in
K.S.A. 75-3212 and amendments thereto when attending meetings of
such committee authorized by the legislative coordinating council.

      (d) In accordance with K.S.A. 46-1204 and amendments thereto, the
legislative coordinating council may provide for such professional services
as may be requested by the joint committee on pensions, investments and
benefits.

      (e) The joint committee on pensions, investments and benefits may
introduce such legislation as deemed necessary in performing such com-
mittee's functions.

      (f) The joint committee on pensions, investments and benefits shall:

      (1) Monitor, review and make recommendations regarding invest-
ment policies and objectives formulated by the board of trustees of the
Kansas public employees retirement system;

      (2) review and make recommendations relating to benefits for mem-
bers under the Kansas public employees retirement system; and

      (3) consider and make recommendations to the standing committee
of the senate specified by the president of the senate relating to the
confirmation of members of the board of trustees of the Kansas public
employees retirement system appointed pursuant to K.S.A. 74-4905 and
amendments thereto. The information provided by the Kansas bureau of
investigation or other criminal justice agency pursuant to subsection (h)
of K.S.A. 74-4905 and amendments thereto relating to the confirmation
of members of the board to the standing committee of the senate spec-
ified by the president shall be forwarded by the Kansas bureau of inves-
tigation or such other criminal justice agency to such joint committee for
such joint committee's consideration and other than conviction data, shall
be confidential and shall not be disclosed except to members and em-
ployees of the joint committee as necessary to determine qualifications
of such member. The committee, in accordance with K.S.A. 75-4319 and
amendments thereto shall recess for a closed or executive meeting to
receive and discuss information received by the committee pursuant to
this subsection; and

      (4) review and make recommendations relating to the inclusion of city
and county correctional officers as eligible members of the Kansas police
and firemen's retirement system.

      Sec.  9. K.S.A. 59-2287, as amended by section 7 of 2000 House Bill
No. 2671, is hereby amended to read as follows: 59-2287. (a) The district
court, in its discretion, may refuse to grant letters in the following cases:

      (1) When the value of real or personal property owned by the dece-
dent is not greater in amount than is allowed by law as exempt property
and the allowance to the surviving spouse or minor children under K.S.A.
59-403 and amendments thereto.

      (2) When the real and personal estate of the decedent does not ex-
ceed $25,000 $35,000 and the estate is not subject to allowances pursuant
to K.S.A. 59-403 and amendments thereto or such allowances are waived,
any heir, devisee, legatee, creditor or other interested person may petition
for refusal of letters by giving bond in the sum of not less than the value
of the estate. Such bond shall be approved by the district court and con-
ditioned upon the creditor's or heir's assuming the obligation to pay, so
far as the assets of the estate will permit, the debts of the decedent in
the order of their preference, and to distribute the balance, if any, to the
persons entitled thereto under the law, except that real estate sold in
accordance with this section shall be deemed to have marketable title as
ordered by the court, and no creditor, heir or other person shall be
deemed to have an interest after passage of six months following the date
of death.

      (b) Proof may be allowed by or on behalf of the surviving spouse or
minor children before the district court of the value and nature of the
estate. If the court is satisfied that no estate will be left after allowing to
the surviving spouse or minor children their exempt property and statu-
tory allowances, or that the real and personal estate does not exceed
$25,000 $35,000 when the petition is filed by a creditor or heir, the court
may order that no letters of administration shall be issued on the estate,
unless, upon the petition of other creditors, heirs or parties interested,
the existence of other or further property is shown.

      (c) When a petition is filed under this section by a surviving spouse
or minor children, notice of the proceeding shall be given pursuant to
K.S.A. 59-2222 and amendments thereto.

      (d) Whenever it appears to the court that further proceedings in the
administration of an estate pursuant to this section are unnecessary, and
after payment of Kansas inheritance taxes, if any, for decedents dying
before July 1, 1998, the court shall enter an order terminating the ad-
ministration of such estate. Such order shall be made without notice,
unless the court otherwise orders, and it shall be to the effect that, unless
further estate of the decedent be discovered, all further settlements and
other proceedings concerning the estate be dispensed with and that the
surviving spouse and minor children are relieved of any further obliga-
tions with respect to the estate. If further estate of the decedent is dis-
covered and administration is had on it, such administration shall not
abrogate or invalidate or otherwise affect any right, title or interest in
property transferred or vested pursuant to this section unless the court,
for good cause shown, otherwise determines and orders.

      (e) Any will filed pursuant to this section within a period of six months
after the death of the testator may be admitted to probate after such six-
month period.

      Sec.  10. K.S.A. 1999 Supp. 65-1626, as amended by section 1 of 2000
Senate Bill No. 541, is hereby amended to read as follows: 65-1626. For
the purposes of this act:

      (a) ``Administer'' means the direct application of a drug, whether by
injection, inhalation, ingestion or any other means, to the body of a patient
or research subject by:

      (1) A practitioner or pursuant to the lawful direction of a practitioner,
or;

      (2) the patient or research subject at the direction and in the presence
of the practitioner.; or

      (3) a pharmacist as authorized in section 3 of 2000 House Bill No.
2759 and amendments thereto.

      (b) ``Agent'' means an authorized person who acts on behalf of or at
the direction of a manufacturer, distributor or dispenser but shall not
include a common or contract carrier, public warehouseman or employee
of the carrier or warehouseman when acting in the usual and lawful course
of the carrier's or warehouseman's business.

      (c) ``Board'' means the state board of pharmacy created by K.S.A. 74-
1603 and amendments thereto.

      (d) ``Brand exchange'' means the dispensing of a different drug prod-
uct of the same dosage form and strength and of the same generic name
than the brand name drug product prescribed.

      (e) ``Brand name'' means the registered trademark name given to a
drug product by its manufacturer, labeler or distributor.

      (f) ``Deliver'' or ``delivery'' means the actual, constructive or at-
tempted transfer from one person to another of any drug whether or not
an agency relationship exists.

      (g) ``Direct supervision'' means the process by which the responsible
pharmacist shall observe and direct the activities of a pharmacy student
or pharmacy technician to a sufficient degree to assure that all such ac-
tivities are performed accurately, safely and without risk or harm to pa-
tients, and complete the final check before dispensing.

      (h) ``Dispense'' means to deliver prescription medication to the ulti-
mate user or research subject by or pursuant to the lawful order of a
practitioner or pursuant to the prescription of a mid-level practitioner.

      (i) ``Dispenser'' means a practitioner or pharmacist who dispenses
prescription medication.

      (j) ``Distribute'' means to deliver, other than by administering or dis-
pensing, any drug.

      (k) ``Distributor'' means a person who distributes a drug.

      (l) ``Drug'' means: (1) Articles recognized in the official United States
pharmacopoeia, or other such official compendiums of the United States,
or official national formulary, or any supplement of any of them; (2) ar-
ticles intended for use in the diagnosis, cure, mitigation, treatment or
prevention of disease in man or other animals; (3) articles, other than
food, intended to affect the structure or any function of the body of man
or other animals; and (4) articles intended for use as a component of any
articles specified in clause (1), (2) or (3) of this subsection; but does not
include devices or their components, parts or accessories, except that the
term ``drug'' shall not include amygdalin (laetrile) or any livestock remedy,
as defined in K.S.A. 47-501 and amendments thereto, if such livestock
remedy has been registered in accordance with the provisions of article
5 of chapter 47 of the Kansas Statutes Annotated.

      (m) ``Electronic transmission'' means transmission of information in
electronic form or the transmission of the exact visual image of a docu-
ment by way of electronic equipment.

      (n) ``Generic name'' means the established chemical name or official
name of a drug or drug product.

      (o)  (1) ``Institutional drug room'' means any location where prescrip-
tion-only drugs are stored and from which prescription-only drugs are
administered or dispensed and which is maintained or operated for the
purpose of providing the drug needs of:

      (A) Inmates of a jail or correctional institution or facility;

      (B) residents of a juvenile detention facility, as defined by the Kansas
code for care of children and the Kansas juvenile justice code;

      (C) students of a public or private university or college, a community
college or any other institution of higher learning which is located in
Kansas;

      (D) employees of a business or other employer; or

      (E) persons receiving inpatient hospice services.

      (2) ``Institutional drug room'' does not include:

      (A) Any registered pharmacy;

      (B) any office of a practitioner; or

      (C) a location where no prescription-only drugs are dispensed and no
prescription-only drugs other than individual prescriptions are stored or
administered.

      (p) ``Medical care facility'' shall have the meaning provided in K.S.A.
65-425 and amendments thereto, except that the term shall also include
facilities licensed under the provisions of K.S.A. 75-3307b and amend-
ments thereto except community mental health centers and facilities for
the mentally retarded.

      (q) ``Manufacture'' means the production, preparation, propagation,
compounding, conversion or processing of a drug either directly or in-
directly by extraction from substances of natural origin, independently by
means of chemical synthesis or by a combination of extraction and chem-
ical synthesis and includes any packaging or repackaging of the drug or
labeling or relabeling of its container, except that this term shall not in-
clude the preparation or compounding of a drug by an individual for the
individual's own use or the preparation, compounding, packaging or la-
beling of a drug by: (1) A practitioner or a practitioner's authorized agent
incident to such practitioner's administering or dispensing of a drug in
the course of the practitioner's professional practice; (2) a practitioner,
by a practitioner's authorized agent or under a practitioner's supervision
for the purpose of, or as an incident to, research, teaching or chemical
analysis and not for sale; or (3) a pharmacist or the pharmacist's author-
ized agent acting under the direct supervision of the pharmacist for the
purpose of, or incident to, the dispensing of a drug by the pharmacist.

      (r) ``Person'' means individual, corporation, government, govern-
mental subdivision or agency, partnership, association or any other legal
entity.

      (s) ``Pharmacist'' means any natural person licensed under this act to
practice pharmacy.

      (t) ``Pharmacist in charge'' means the pharmacist who is responsible
to the board for a registered establishment's compliance with the laws
and regulations of this state pertaining to the practice of pharmacy, man-
ufacturing of drugs and the distribution of drugs. The pharmacist in
charge shall supervise such establishment on a full-time or a part-time
basis and perform such other duties relating to supervision of a registered
establishment as may be prescribed by the board by rules and regulations.
Nothing in this definition shall relieve other pharmacists or persons from
their responsibility to comply with state and federal laws and regulations.

      (u) ``Pharmacy,'' ``drug store'' or ``apothecary'' means premises, lab-
oratory, area or other place: (1) Where drugs are offered for sale where
the profession of pharmacy is practiced and where prescriptions are com-
pounded and dispensed; or (2) which has displayed upon it or within it
the words ``pharmacist,'' ``pharmaceutical chemist,'' ``pharmacy,'' ``apoth-
ecary,'' ``drugstore,'' ``druggist,'' ``drugs,'' ``drug sundries'' or any of these
words or combinations of these words or words of similar import either
in English or any sign containing any of these words; or (3) where the
characteristic symbols of pharmacy or the characteristic prescription sign
``Rx'' may be exhibited. As used in this subsection, premises refers only
to the portion of any building or structure leased, used or controlled by
the licensee in the conduct of the business registered by the board at the
address for which the registration was issued.

      (v) ``Pharmacy student'' means an individual, registered with the
board of pharmacy, enrolled in an accredited school of pharmacy.

      (w) ``Pharmacy technician'' means an individual who, under the direct
supervision and control of a pharmacist, may perform packaging, manip-
ulative, repetitive or other nondiscretionary tasks related to the processing
of a prescription or medication order and who assists the pharmacist in
the performance of pharmacy related duties, but who does not perform
duties restricted to a pharmacist.

      (x) ``Practitioner'' means a person licensed to practice medicine and
surgery, dentist, podiatrist, veterinarian, optometrist licensed under the
optometry law as a therapeutic licensee or diagnostic and therapeutic
licensee, or scientific investigator or other person authorized by law to
use a prescription-only drug in teaching or chemical analysis or to conduct
research with respect to a prescription-only drug.

      (y) ``Preceptor'' means a licensed pharmacist who possesses at least
two years' experience as a pharmacist and who supervises students ob-
taining the pharmaceutical experience required by law as a condition to
taking the examination for licensure as a pharmacist.

      (z) ``Prescription'' means, according to the context, either a prescrip-
tion order or a prescription medication.

      (aa) ``Prescription medication'' means any drug, including label and
container according to context, which is dispensed pursuant to a prescrip-
tion order.

      (bb) ``Prescription-only drug'' means any drug whether intended for
use by man or animal, required by federal or state law (including 21
United States Code section 353, as amended) to be dispensed only pur-
suant to a written or oral prescription or order of a practitioner or is
restricted to use by practitioners only.

      (cc) ``Prescription order'' means: (1) An order to be filled by a phar-
macist for prescription medication issued and signed by a practitioner or
a mid-level practitioner in the authorized course of professional practice;
or (2) an order transmitted to a pharmacist through word of mouth, note,
telephone or other means of communication directed by such practitioner
or mid-level practitioner.

      (dd) ``Probation'' means the practice or operation under a temporary
license, registration or permit or a conditional license, registration or per-
mit of a business or profession for which a license, registration or permit
is granted by the board under the provisions of the pharmacy act of the
state of Kansas requiring certain actions to be accomplished or certain
actions not to occur before a regular license, registration or permit is
issued.

      (ee) ``Professional incompetency'' means:

      (1) One or more instances involving failure to adhere to the appli-
cable standard of pharmaceutical care to a degree which constitutes gross
negligence, as determined by the board;

      (2) repeated instances involving failure to adhere to the applicable
standard of pharmaceutical care to a degree which constitutes ordinary
negligence, as determined by the board; or

      (3) a pattern of pharmacy practice or other behavior which demon-
strates a manifest incapacity or incompetence to practice pharmacy.

      (ff) ``Retail dealer'' means a person selling at retail nonprescription
drugs which are prepackaged, fully prepared by the manufacturer or dis-
tributor for use by the consumer and labeled in accordance with the
requirements of the state and federal food, drug and cosmetic acts. Such
nonprescription drugs shall not include: (1) A controlled substance; (2) a
prescription-only drug; or (3) a drug intended for human use by hypo-
dermic injection.

      (gg) ``Secretary'' means the executive secretary of the board.

      (hh) ``Unprofessional conduct'' means:

      (1) Fraud in securing a registration or permit;

      (2) intentional adulteration or mislabeling of any drug, medicine,
chemical or poison;

      (3) causing any drug, medicine, chemical or poison to be adulterated
or mislabeled, knowing the same to be adulterated or mislabeled;

      (4) intentionally falsifying or altering records or prescriptions;

      (5) unlawful possession of drugs and unlawful diversion of drugs to
others;

      (6) willful betrayal of confidential information under K.S.A. 65-1654
and amendments thereto;

      (7) conduct likely to deceive, defraud or harm the public;

      (8) making a false or misleading statement regarding the licensee's
professional practice or the efficacy or value of a drug;

      (9) commission of any act of sexual abuse, misconduct or exploitation
related to the licensee's professional practice; or

      (10)  performing unnecessary tests, examinations or services which
have no legitimate pharmaceutical purpose.

      (ii) ``Mid-level practitioner'' means an advanced registered nurse
practitioner issued a certificate of qualification pursuant to K.S.A. 65-1131
and amendments thereto who has authority to prescribe drugs pursuant
to a written protocol with a responsible physician under K.S.A. 65-1130
and amendments thereto or a physician's assistant registered pursuant to
K.S.A. 65-2896a and amendments thereto who has authority to prescribe
drugs pursuant to a written protocol with a responsible physician under
K.S.A. 65-2896e and amendments thereto.

      (jj) ``Vaccination protocol'' means a written protocol, agreed to by a
pharmacist and a person licensed to practice medicine and surgery by the
state board of healing arts, which establishes procedures and recordkeep-
ing and reporting requirements for administering a vaccine by the phar-
macist for a period of time specified therein, not to exceed two years.

      (jj) (kk) ``Veterinary medical teaching hospital pharmacy'' means any
location where prescription-only drugs are stored as part of an accredited
college of veterinary medicine and from which prescription-only drugs
are distributed for use in treatment of or administration to a non-human.

      Sec.  11. K.S.A. 75-4209, as amended by section 15 of 2000 Senate
Bill No. 501, is hereby amended to read as follows: 75-4209. (a) The
director of investments may invest and reinvest state moneys eligible for
investment which are not invested in accordance with K.S.A. 75-4237,
and amendments thereto, in the following investments:

      (1) Direct obligations of, or obligations that are insured as to principal
and interest by, the United States of America or any agency thereof and
obligations and securities of the United States sponsored enterprises
which under federal law may be accepted as security for public funds, on
and after the effective date of this act moneys available for investment
under this subsection shall not be invested in mortgage-backed securities
of such enterprises and of the government national mortgage association,
except that any such mortgage-backed securities held prior to the effec-
tive date of this act may be held to maturity;

      (2) repurchase agreements with a bank or a primary government se-
curities dealer which reports to the market reports division of the federal
reserve bank of New York for direct obligations of, or obligations that are
insured as to principal and interest by, the United States government or
any agency thereof and obligations and securities of United States gov-
ernment sponsored enterprises which under federal law may be accepted
as security for public funds;

      (3) commercial paper that does not exceed 270 days to maturity and
which has received one of the two highest commercial paper credit ratings
by a nationally recognized investment rating firm.

      (b) When moneys are available for deposit or investments, the direc-
tor of investments may invest in SKILL act projects and bonds pursuant
to K.S.A. 1999 Supp. 74-8920, and amendments thereto, and in state
agency bonds and bond projects.

      (c) When moneys are available for deposits or investments, the di-
rector of investments may invest in preferred stock of Kansas venture
capital, inc., under terms and conditions prescribed by K.S.A. 74-8203,
and amendments thereto, but such investments shall not in the aggregate
exceed a total amount of $10,000,000.

      (d) When moneys are available for deposits or investments, the di-
rector of investments may invest in loans pursuant to legislative mandates,
except that not more than the lesser of 10% or $80,000,000 of the state
moneys shall be invested.

      (e) Interest on investment accounts in banks is to be paid at maturity,
but not less than annually.

      (f) Investments made by the director of investments under the pro-
visions of this section shall be made with judgment and care, under cir-
cumstances then prevailing, which persons of prudence, discretion and
intelligence exercise in the management of their own affairs, not for spec-
ulation, but for investment, considering the probable safety of their capital
as well as the probable income to be derived.

      (g) Investments under subsection (a) or (b) or under K.S.A. 75-4237,
and amendments thereto, shall be for a period not to exceed four years,
except that linked deposits authorized under the provisions of sections 3
through 7 of 2000 Senate Bill No. 501, and amendments thereto, shall
not exceed a period of 10 years and agricultural production loan deposits
authorized under the provisions of sections 1 through 7 of Substitute for
House Bill No. 2527, and amendments thereto, shall not exceed a period
of eight years.

      (h) Investments in securities under paragraph (1) of subsection (a)
shall be limited to securities which do not have any more interest rate
risk than do direct United States government obligations of similar ma-
turities. For purposes of this subsection, ``interest rate risk'' means market
value changes due to changes in current interest rates.

      (i) The director of investments shall not invest state moneys eligible
for investment under subsection (a), in the municipal investment pool
fund, created under K.S.A. 1999 Supp. 12-1677a, and amendments
thereto.

      (j) The director of investments shall not invest moneys in the pooled
money investment portfolio in derivatives. As used in this subsection,
``derivatives'' means a financial contract whose value depends on the value
of an underlying asset or index of asset values.

      (k) Moneys and investments in the pooled money investment port-
folio shall be invested and reinvested by the director of investments in
accordance with investment policies developed, approved, published and
updated on an annual basis by the board. Such investment policies shall
include at a minimum guidelines which identify credit standards, eligible
instruments, allowable maturity ranges, methods for valuing the portfolio,
calculating earnings and yields and limits on portfolio concentration for
each type of investment. Any changes in such investment policies shall
be approved by the pooled money investment board. Such investment
policies may specify the contents of reports, methods of crediting funds
and accounts and other operating procedures.

      (l) The board shall adopt rules and regulations to establish an overall
percentage limitation on the investment of moneys in investments au-
thorized under paragraph (3) of subsection (a), and within such author-
ized investment, the board shall establish a percentage limitation on the
investment in any single business entity.

      Sec.  12. K.S.A. 75-4237, as amended by section 16 of 2000 Senate
Bill No. 501, is hereby amended to read as follows: 75-4237. (a) The
director of investments shall accept requests from banks interested in
obtaining investment accounts of state moneys. Such requests may be
submitted any business day and shall specify the dollar amount, maturity
or maturity range and interest rate. Except as provided in subsection (c),
if the interest rate bid by the bank is at or greater than the market rate
determined by the director of investments in accordance with subsection
(b), the director of investments is authorized to award the investment
account to the bidding bank at the market rate. Awards of investment
accounts pursuant to this section shall be subject to investment policies
of the pooled money investment board. When multiple bids are received
and are in excess of the amount available for investment that day for any
maturity, awards shall be made available in ascending order from smallest
to largest dollar amount bid, subject to investment policies of the board.

      (b) The market rate shall be determined each business day by the
director of investments, in accordance with any procedures established
by the pooled money investment board. Subject to any policies of the
board, the market rate shall reflect the highest rate at which state moneys
can be invested on the open market in investments authorized by sub-
section (a) of K.S.A. 75-4209, and amendments thereto, for equivalent
maturities.

      (c)  (1) Notwithstanding the provisions of this section, linked deposits
made pursuant to the provisions of sections 3 through 7 of 2000 Senate
Bill No. 501, and amendments thereto, shall be at an interest rate which
is 2% less than the market rate determined under this section and which
shall be recalculated on the first business day of each calendar year using
the market rate then in effect.

      (2) Notwithstanding the provisions of this section, agricultural pro-
duction loan deposits made pursuant to the provisions of sections 1
through 7 of 2000 Substitute for House Bill No. 2527, and amendments
thereto, shall be at 2% less than the market rate provided by this section
and which shall be recalculated on the first business day of each calendar
year using the market rate then in effect.

      Sec.  13. K.S.A. 1999 Supp. 75-7021 is hereby amended to read as
follows: 75-7021. (a) There is hereby created in the state treasury the
Kansas endowment for youth juvenile delinquency prevention trust fund.
Money credited to the Kansas juvenile delinquency prevention trust fund
pursuant to K.S.A. 20-367, and amendments thereto, or by any other
lawful means shall be used solely for the purpose of making grants to
further the purpose of juvenile justice reform, including rational preven-
tion programs and programs for treatment and rehabilitation of juveniles
and to further the partnership between state and local communities. Such
treatment and rehabilitation programs should aim to combine accounta-
bility and sanctions with increasingly intensive treatment and rehabilita-
tion services with an aim to provide greater public safety and provide
intervention that will be uniform and consistent.

      (b) All expenditures from the Kansas endowment for youth juvenile
delinquency prevention trust fund shall be made in accordance with ap-
propriations acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the commissioner of juvenile
justice or by a person or persons designated by the commissioner.

      (c) The commissioner of juvenile justice may apply for, receive and
accept money from any source for the purposes for which money in the
Kansas endowment for youth juvenile delinquency prevention trust fund
may be expended. Upon receipt of any such money, the commissioner
shall remit the entire amount at least monthly to the state treasurer, who
shall deposit it in the state treasury and credit it to the Kansas endowment
for youth juvenile delinquency prevention trust fund.

      (d) Grants made to programs pursuant to this section shall be based
on the number of persons to be served and such other requirements as
may be established by the Kansas advisory group on juvenile justice and
delinquency prevention in guidelines established and promulgated to reg-
ulate grants made under authority of this section. The guidelines may
include requirements for grant applications, organizational characteris-
tics, reporting and auditing criteria and such other standards for eligibility
and accountability as are deemed advisable by the Kansas advisory group
on juvenile justice and delinquency prevention.

      (e) On or before the 10th of each month, the director of accounts
and reports shall transfer from the state general fund to the Kansas en-
dowment for youth juvenile delinquency prevention trust fund interest
earnings based on:

      (1) The average daily balance of moneys in the Kansas endowment
for youth juvenile delinquency prevention trust fund for the preceding
month; and

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

      (f) On and after the effective date of this act, the Kansas endowment
for youth trust fund created by this section prior to amendment by this
act is hereby redesignated as the Kansas juvenile delinquency prevention
trust fund. On and after the effective date of this act, whenever the Kansas
endowment for youth trust fund created by this section prior to amend-
ment by this act, or words of like effect, is referred to or designated by a
statute, contract or other document such reference or designation shall be
deemed to apply to the Kansas juvenile delinquency prevention trust fund. 
Sec.  14. K.S.A. 1999 Supp. 19-101a, 19-101j, 20-367, 20-367a, 31-
133b, 38-1602b, 38-1808, 38-1808a, 46-2201, 46-2201a, 75-7021 and 75-
7021a, K.S.A. 1999 Supp. 16a-1-301, as amended by section 1 of 2000
Senate Bill No. 445, K.S.A. 1999 Supp. 16a-2-401, as amended by section
3 of 2000 House Bill No. 2691, K.S.A. 1999 Supp. 16a-2-401, as amended
by section 2 of 2000 House Bill No. 2675, K.S.A. 32-920, as amended by
section 1 of 2000 House Bill No. 2103, K.S.A. 32-920, as amended by
section 2 of 2000 House Bill No. 2762, K.S.A. 1999 Supp. 32-937, as
amended by section 1 of 2000 House Substitute for Senate Bill No. 568,
K.S.A. 1999 Supp. 32-937, as amended by section 1 of 2000 House Bill
No. 2727, K.S.A. 32-1032, as amended by section 4 of 2000 House Sub-
stitute for Senate Bill No. 568, K.S.A. 32-1032, as amended by section 1
of 2000 House Bill No. 2976, K.S.A. 59-2287, as amended by section 7
of 2000 House Bill No. 2671, K.S.A. 59-2287, as amended by section 7
of 2000 House Bill No. 2673, K.S.A. 1999 Supp. 65-1626, as amended by
section 1 of 2000 Senate Bill No. 541, K.S.A. 1999 Supp. 65-1626, as
amended by section 1 of 2000 House Bill No. 2759, K.S.A. 75-4209, as
amended by section 15 of 2000 Senate Bill No. 501, K.S.A. 75-4209, as
amended by section 8 of 2000 Substitute for House Bill No. 2527, K.S.A.
75-4237, as amended by section 16 of 2000 Senate Bill No. 501, and
K.S.A. 75-4237, as amended by section 9 of 2000 Substitute for House
Bill No. 2527, are hereby repealed.
 Sec.  15. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 15, 2000.
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