January 27, 1998



Journal of the House


ELEVENTH DAY

______

Hall of the House of Representatives, Topeka, KS,

Tuesday, January 27, 1998, 11:00 a.m. 

 The House met pursuant to adjournment with Speaker Shallenburger in the chair.

 The roll was called with 120 members present.

 Reps. Howell and Lloyd were excused on verified illness.

 Rep. Pottorff was excused on legislative business.

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



 Prayer by Chaplain Washington:

      Heavenly Father,

       With the sudden passing of Representative Jim Long, we pray for Your blessings
      of comfort, wisdom and strength for his loved ones.

       Father, it then reminds us that not even one more day is promised to any of us.
      We have come to realize that the symphony of life is conducted similar to the classical
      composer, Franz Joseph Haydn's ``Farewell Symphony.'' One by one, as the musi-
      cians completed their parts, they left the stage.

       As we look forward to completing our parts and leaving the stage of life, our
      request today is like that of the Apostle Paul in Phil. 1:22a, that while You allow our
      lives to play on, You will also let us give meaningful, fruitful service. For those of us
      that yet remain on life's stage, help us to follow Your Divine conducting. Keep us in
      tune with You . . . following Your score . . . n harmony with Your plan.

       Let us come to You this morning as instruments in Your Hands. Have Your way
      in this House.

       I come to You in the Name of Jesus, Amen and amen.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

 The following bills were introduced and read by title:

 HB 2722, An act concerning amusement rides; relating to inspection and regulation
thereof; prohibiting certain acts and providing penalties and remedies for violations, by
Representatives Sloan, Benlon, Compton, Feuerborn, Findley, Freeborn, Mayans, E. Pe-
terson, Phelps, Shore, Stone, Toelkes, Tomlinson and Vickrey.

 HB 2723, An act relating to automatic external defibrillators; authorizing use by certain
persons; requiring training and activation of the emergency medical services system upon
use of a defibrillator; encouraging certain persons and entities to register a defibrillator;
providing immunity from liability for certain persons, by Committee on Health and Human
Services.

 HB 2724, An act concerning the dental practices act; relating to the practice of dental
hygiene; amending K.S.A. 1997 Supp. 65-1456 and repealing the existing section, by Com-
mittee on Health and Human Services.

 HB 2725, An act concerning the dental practices act; relating to authorized practices;
amending K.S.A. 1997 Supp. 65-1423 and 65-1456 and repealing the existing sections, by
Committee on Health and Human Services.

 HB 2726, An act concerning cigarettes and tobacco products; relating to cigarette or
tobacco infractions; penalties therefor; certain records of sales; amending K.S.A. 79-3316,
79-3322, 79-3391 and 79-3393 and K.S.A. 1997 Supp. 12-4214, 12-4305, 21-3105, 21-4503a,
22-3404, 22-3409, 22-3412 and 22-3609a and repealing the existing sections, by Committee
on Judiciary.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

 The following bills and resolutions were referred to committees as indicated:

 Calendar and Printing: HB 2715 (separately).

 Education: HB 2713, 2714.

 Financial Institutions: HB 2718.

 Governmental Organization and Elections: HB 2720.

 Judiciary: HB 2717.

 Taxation: HB 2719, 2721.

 Tourism: HB 2716.

 Transportation: HB 2715 (separately).

COMMUNICATIONS FROM STATE OFFICERS

 From William B. McGlasson, Director of Personnel Services, Department of Adminis-
tration, Annual Report for fiscal year 1997 of the Division of Personnel Services.

 From the Kansas Supreme Court, Annual Report Kansas Judicial Branch, Fiscal Year
1996-1997.

 From Robert E. Hemenway, Chancellor, University of Kansas, financial information on
the status of the University of Kansas Hospital.

 From the Kansas Legislative Research Department, Budget Analysis for Fiscal Year 1999,
Volume I and Volume II, January 1998.

 From Thomas A. Page, Chair, Kansas Development Finance Authority, 1997 Annual
Report.

 From Charles E. Simmons, Secretary, Department of Corrections, Corrections Briefing
Report for 1998.

 From Rochelle Chronister, Secretary, Kansas Department of Social and Rehabilitation
Services, Youth Tobacco Issues, 1997.

 From Gary R. Mitchell, Secretary, Kansas Department of Health and Environment, in
accordance with HR 6013 of the 1996 Legislative Session, Report to the Kansas Legislature.

 From Sharon Huffman, Legislative Liaison, Kansas Department of Human Resources,
report of the Kansas Commission on Disability Concerns.

 The complete reports are kept on file and open for inspection in the office of the Chief
Clerk.

MESSAGE FROM THE SENATE

 Announcing rejection of HB 2479.

INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS

 On emergency motion of Rep. Reardon, HR 6006, by Reps. Reardon, Dillon, Spangler,
Sharp, Burroughs, Haley, Henderson, Cox, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou,
Beggs, Benlon, Boston, Campbell, Carmody, Compton, Cook, Correll, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Hay-
zlett, Helgerson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison,
Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr,
Lane, Larkin, Lloyd, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Shore, Show-
alter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson,
Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk and
Wilson, as follows, was introduced and adopted:

HOUSE RESOLUTION No. 6006--

A Resolution in memory of Representative James W. Long, Sr.



    WHEREAS, James W. Long, Sr., 61, of Kansas City, died January 24, 1998, at his home;
and

    WHEREAS, James W. Long, Sr., was appointed to fill a vacancy in the 38th represen-
tative district in 1989 and was subsequently elected to represent the 38th district three times
in the 1990's. He was the 1997 chairperson of the Wyandotte County legislative delegation,
the ranking democrat on the Joint Committee on Pensions, Investments and Benefits and
served on the Transportation and Governmental Organization and Elections Committees.
He was a well respected, conscientious legislator. He is remembered as a kind and friendly
person; during the legislative session for several years he drove from his home in western
Wyandotte County to Kansas City to pick up Representative Dick Edlund, a visually im-
paired person, for the daily trip to Topeka, and after the session returned Representative
Edlund to his home; and

    WHEREAS, James W. Long, Sr., after serving four years in the U.S. Navy, served as a
member of the Kansas City, Kansas, fire department for 34 years, retiring in 1993 with the
rank of Chief; and

    WHEREAS, James W. Long, Sr., and his wife, Margaret, celebrated their 40th wedding
anniversary on November 9, 1997. Survivors include his wife, two sons, James W. Long, Jr.,
and Steven Long; a brother and five grandchildren: Now, therefore,

    Be it resolved by the House of Representatives of the State of Kansas: That we extend
our deepest sympathy to the family of Representative James W. Long, Sr.; and

    Be it further resolved: That the Speaker of the House of Representatives suspend House
business Wednesday, January 28, 1998, in honor of the service performed by Representative
James W. Long, Sr. to the citizens of Kansas and that the Chief Clerk of the House of
Representatives be directed to send three enrolled copies of this resolution to the family of
Representative James W. Long, Sr., at 1801 N. 126th, Kansas City, Kansas 66109.

MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY

 On motion of Rep. Shriver, HCR 5038, A concurrent resolution in memory of the Hon-
orable Frank G. Theis, was adopted.

CONSENT CALENDAR

 No objection was made to HB 2639, 2645 appearing on the Consent Calendar for the
third day. The bills were advanced to Final Action on Bills and Concurrent Resolutions.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

 HB 2639, An act concerning insurance; schedule of fees and taxes for insurance com-
panies and fraternal benefit societies; amending K.S.A. 1997 Supp. 40-252 and repealing
the existing section, was considered on final action.

 On roll call, the vote was: Yeas 118; Nays 0; Present but not voting: 2; Absent or not
voting: 4.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Huff, Humerickhouse, Hutchins, Jennison,
Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Lane, Lar-
kin, P. Long, Mason, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollen-
kamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer,
Pauls, E. Peterson, J. Peterson, Phelps, Powers, Presta, Ray, Reardon, Reinhardt, Ruff,
Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz,
Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: Landwehr, Mayans.

 Absent or not voting: Howell, Lloyd, Pottorff, Powell.

 The bill passed.

 HB 2645, An act concerning the employment security law; establishing contribution rates
for the 1999 calendar year and years thereafter; amending K.S.A. 1997 Supp. 44-710a and
repealing the existing section, was considered on final action.

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

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Huff, Humerickhouse, Hutchins, Jennison,
Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr,
Lane, Larkin, P. Long, Mason, Mayans,Mays, McClure, McCreary, McKechnie, McKinney,
Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne,
Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Powers, Presta, Ray, Reardon,
Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter,
Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tom-
linson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk,
Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Howell, Lloyd, Pottorff, Powell.

 The bill passed.

 On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
Presta in the chair.

COMMITTEE OF THE WHOLE

 On motion of Rep. Presta, Committee of the Whole report, as follows, was adopted:

 Recommended that HB 2559, 2561, 2562 be passed.

 HR 6001 be adopted.

 Committee report to HB 2564 be adopted and the bill be passed as amended.

 On motion of Rep. Klein to amend HB 2552, Rep. Tomlinson requested a ruling on the
amendment being germane to the bill. Rep. Klein subsequently withdrew his amendment
and the bill be passed.

REPORTS OF STANDING COMMITTEES

 The Committee on Taxation recommends HB 2707 be passed and, because the com-
mittee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent
calendar.

    The Committee on Tourism recommends HB 2631 be amended on page 4, in line 2,
by striking ``Redevelopment projects''; in line 3, by striking ``relating to'' and inserting ``A
redevelopment project in''; also in line 3, after ``area'' by inserting ``for an auto race track
facility described in subsection (a)(1)(D) of K.S.A. 12-1774''; in line 16, by striking ``projects''
and inserting ``an auto race track facility described in subsection (a)(1)(D) of K.S.A. 12-
1774''; in line 38, before ``which'' by inserting ``an auto race track facility described in
subsection (a)(1)(D) of K.S.A. 12-1774''; in line 41, before ``in'' by inserting ``constituting
an auto race track facility described in subsection (a)(1)(D) of K.S.A. 12-1774''; in line 43,
by striking ``funding'' and inserting ``finding'';

    On page 5, in line 37, by striking ``a'' and inserting ``an auto race track''; also in line 37,
by striking ``des-''; by striking all in line 38; in line 39, by striking all before the semicolon
and inserting: ``. An auto race track facility means (i) an auto race facility and facilities directly
related and necessary to the operation of an auto race track facility including, but not limited
to, grandstands, suites and viewing areas, concessions and souvenir facilities, catering facil-
ities, visitor and retail centers, signage and temporary hospitality facilities; but excluding (ii)
hotels, motels, restaurants and retail facilities not included in (i)'';

    On page 8, in line 37, by striking ``Beginning'' and inserting ``Except for redevelopment
projects satisfying the conditions of subsection (k) of K.S.A. 12-1771 hereof, beginning'';

    On page 12, in line 6, by striking ``statute book'' and inserting ``Kansas register'';

    On page 1, in the title, in line 10, by striking ``NASCAR''; and the bill be passed as
amended.

    (Having been referred separately, HB 2631 is now in Committee on Taxation.)

 The Committee on Utilities recommends HB 2418 be passed and, because the com-
mittee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent
calendar.

 Upon unanimous consent, the House referred back to the regular order of business,
Introduction of Bills and Concurrent Resolutions.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

 The following bills were introduced and read by title:

 HB 2727, An act concerning cities; relating to the general improvement and assessment
law; amending K.S.A. 1997 Supp. 12-6a02 and repealing the existing section, by Committee
on Governmental Organization and Elections.

 HB 2728, An act concerning elections; relating to campaign finance; amending K.S.A.
25-4173 and repealing the existing section, by Committee on Governmental Organization
and Elections.

 HB 2729, An act concerning cities; relating to the abatement of certain nuisances; amend-
ing K.S.A. 12-1617e and K.S.A. 1997 Supp. 12-1617f and repealing the existing sections, by
Committee on Governmental Organization and Elections.

 HB 2730, An act concerning campaign finance; relating to treasurer's reports; amending
K.S.A. 1997 Supp. 25-4148 and repealing the existing section, by Committee on Govern-
mental Organization and Elections.

 HB 2731, An act concerning municipalities; relating to urban renewal; amending K.S.A.
17-4759 and repealing the existing section, by Committee on Governmental Organization
and Elections.

 HB 2732, An act concerning certain sewer systems; relating to extensions thereof; amend-
ing K.S.A. 1997 Supp. 65-165 and repealing the existing section, by Committee on Envi-
ronment.

 HB 2733, An act concerning campaign finance; relating to certain reports; amending
K.S.A. 1997 Supp. 25-4148 and repealing the existing section, by Representative Johnston.

 HB 2734, An act relating to insurance; concerning genetic screening or testing for certain
insurance; amending K.S.A. 1997 Supp. 40-2259 and repealing the existing section, by Rep-
resentative Garner.

 On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Thursday, January
29, 1998.

CHARLENE SWANSON, Journal Clerk. 

JANET E. JONES, Cheif Clerk.