January 26, 1998

Journal of the House



Hall of the House of Representatives, Topeka, KS,

Monday, January 26, 1998, 11:00 a.m. 

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

 The roll was called with 119 members present.

 Rep. Lloyd was excused on verified illness.

 Rep. Phill Kline was excused on legislative business.

 Reps. O'Neal, Powell and Ruff were excused on excused absence by the Speaker.

 Due to the death of Rep. Long, 38th District, the House of Representatives now has 124

 Prayer by guest chaplain, the Rev. Bob Carter, pastor, Country Hills Christian Church,
Lenexa, and guest of Rep. Huff:

       With reverence we bow before You Almighty and Blessed father because You
      deserve our honor and grateful praise. You have authority to direct the lives and
      circumstances of all God's people.

       With respect I pray for those to whom you have given authority to rule our nation
      and the state of Kansas. I pray for them--that they might know you, and that these
      men and women might conscientiously exercise the authority you have entrusted to
      them as your representative.

       With humility we honor your Son Jesus Christ who humbled himself to become
      the earthly representative of our heavenly Father--that we might know the joy of
      family relationship with God, the Maker of the universe, and that we might know
      the joy of loving, forgiving, and caring for one another in that universe.

       With hope the people of Kansas pray that you will entrust these elected represen-
      tatives to stand courageously, to commit themselves faithfully, to live righteously,
      and to rule wisely before you.

       With confident assurance we commit this prayer, our lives and this session to Jesus
      Christ who is our blessed hope, and to God with whom all things are possible. Amen.


 There being no objection, Speaker Shallenburger ordered the remarks by Reps. Spangler,
Reardon and Haley spread upon the Journal.

 Remarks by Rep. Spangler:

 Jim Long passed away at his home this past weekend. Let me say that I speak for the
entire House Democratic Caucus, in expressing our deep sense of loss over Jim's untimely

Our thoughts and prayers are with his wife, Margaret, and his two sons, Jim Jr. and


 Jim was a devoted husband and father as well as public servant. A major part of Jim's life
was giving of himself. Jim spent 34 years with the Kansas City Kansas Fire Department,
protecting the citizens of Wyandotte County and spent the last five years representing the
citizens of Wyandotte County. Jim was a good legislator, a respected colleague, a good friend
and a good man; he will be deeply missed.

 Funeral services will be Wednesday, January 28, at 11:00 a.m. at Christ the King Church
in Kansas City, Kansas. Friends may call after 9:30 a.m., Wednesday, before the Mass, at
the church.

 Remarks by Rep. Reardon:

 Jim was my friend. We became friends in 1977, and the friendship grew with the time
we spent together here in Topeka. I admired Jim because he never spoke ill of anyone. He
was the most sincere, friendly person I've ever known.

 I admired Jim because he was kind and loyal. For several years during each day of the
session, Jim would drive back into Kansas City from his western Wyandotte County home
to pick up former Rep. Dick Edlund because Dick is visually impaired and cannot drive.
Each night Jim returned Dick to his front door.

 I admired Jim because he was such a conscientious legislator. Jim was effective because
he was respected. Jim, we will all miss you. To me you were the embodiment of the term
``a good guy.''

 Remarks by Rep. Haley:

 Jim was the chair of our Wyandotte County legislative delegation until last month. He

presided over our meetings with a level, calming authority and brought a dignity to our
group, and to this Body, that will be missed.

 His passage should be a wake-up call to us all that there is still so much to do . . .

 Jim was our chair during the contentious and divisive issue of consolidation of Wyandotte
County and Kansas City, KS governments. He urged each of us on either side to find calm
and present a unified public presence.

 Jim and I sat next to each other here on the House floor. His wit and sense of humor
helped make many sessions bearable for me. A skilled legislator; as I would often wrangle
with him during floor debates over which way I would vote . . . so often he would turn to
me and matter- of-factly say, ``It don't really matter, David . . . (tri-stars)is bill is passing with or
without you (or, not passing . . .)'' whichever the case might be. Usually, he was right. And
I will really miss my seat mate.

 And sometimes, during lengthy floor debates on some distant issue where I would get up
from my seat and return later, Jim would sit patiently through it all listening; observ-
ing . . . and I asked him, ``Jim, what do you do to break the monotony?'' He replied,
looking out the North window to our immediate right, ``I just pick a spot out there on the
horizon and imagine I'm somewhere else; enjoying myself . . . c/omfortable and at peace.''
Everytime I glance out that window, I'll know Jim is out there somewhere comfortable and
at peace . . . right there on the horizon.


 The following bills and concurrent resolution were introduced and read by title:

 HB 2713, An act relating to the Kansas state employees health care commission; provid-
ing a separate health benefits program for public school districts; amending K.S.A. 75-6504,
75-6505, 75-6506, 75-6508, 75-6509, 75-6510 and 75-6511 and repealing the existing sec-
tions, by Representatives P. Long, Compton, Faber, Horst, Swenson and Tomlinson.

 HB 2714, An act concerning the state board of cosmetology; continuing education and
inspections; amending K.S.A. 65-1904a and K.S.A. 1997 Supp. 65-1903, 65-1904, 65-1907
and 65-1908 and repealing the existing sections, by Representatives P. Long, Aurand, Cox,
Freeborn, Holmes, Huff, O'Connor, Osborne, Powers and Toplikar.

 HB 2715, An act relating to leases of railroad lands; establishing rights, duties, obligations
and remedies for certain tenants of railroad land, by Committee on Transportation.

 HB 2716, An act providing for canoeing permits and fees therefor; amending K.S.A. 32-
1172 and 32-1173 and repealing the existing sections, by Committee on Environment.

 HB 2717, An act concerning juveniles; relating to the arrest of or taking into custody of
a juvenile; amending K.S.A. 1997 Supp. 38-1624 and repealing the existing section, by
Representatives Klein, Gilbert, Swenson, Alldritt, Garner, Haley, Johnston, Sawyer and

 HB 2718, An act relating to securities; definitions; amending K.S.A. 1997 Supp. 17-1252,
17-1261 and 17-1262 and repealing the existing sections, by Committee on Financial

 HB 2719, An act relating to income taxation; concerning credits therefrom relating to
equipment utilized in the manufacture of products from postconsumer waste; amending
K.S.A. 79-32,192 and repealing the existing section, by Representative Tanner.

 HB 2720, An act concerning public health and welfare; relating to the regulation of
certain persons, practices and facilities regulated by the Kansas state board of cosmetology
or the Kansas board of barbering; amending K.S.A. 65-1,148, 65-1827, 74-1806, 74-1807
and 74-2702 and K.S.A. 1997 Supp. 65-1907, 65-1908, 65-1948 and 74-2701 and repealing
the existing sections, by Legislative Post Audit Committee.

 HB 2721, An act relating to sales taxation; exempting sales of food for human consump-
tion therefrom; amending K.S.A. 79-3606 and repealing the existing section; also repealing
K.S.A. 79-3632 through 79-3639, by Representatives Franklin, Phill Kline and Tomlinson.


By Representatives Shriver and Showalter

A CONCURRENT RESOLUTION in memory of the Honorable Frank G. Theis.


    WHEREAS,  Frank G. Theis, 86, of Arkansas City, died January 17, 1998, in Wichita;

    WHEREAS, Frank G. Theis, an Arkansas City attorney, was appointed to be a federal
district judge, district of Kansas, in 1967. He served as Chief Judge of the district of Kansas
from 1977 to 1981 when he was granted senior status. Among the noteworthy cases over
which he presided were the Karen Silkwood whistleblower case against Kerr-McGee Oil
Corporation and obscenity charges brought against Screw magazine and its publisher, Al
Goldstein. He has been described as a lawyer's judge and a beautiful writer. Prior to his
appointment to the federal bench he had served as the city attorney for Arkansas City and
as an attorney for the Kansas State Tax Commission; and

    WHEREAS, Frank G. Theis was a long-time participant in Democratic party politics.
He was president of the Young Democrats of Kansas from 1942 to 1946, Chairman of the
Kansas Democratic Committee from 1955 to 1960, national committeeman from Kansas
from 1957 to 1967, Democratic nominee for the Kansas Supreme Court in 1950 and Dem-
ocratic nominee for the U.S. Senate in 1960. He managed George Docking's campaign for
governor in 1956 and Lyndon Johnson's presidential campaign in 1964. He served as the
Kansas chairman for the constitutional bicentennial celebration in 1987; and

    WHEREAS, Frank G. Theis was born in 1911 in Yale, a small town in southeast Kansas.
He attended Arma High School, was graduated cum laude from the University of Kansas
in 1933 and the University of Michigan Law School in 1936. He married Marjorie Riddle
in 1939; she preceded him in death in 1970. Survivors include two sons, Franklin Theis,
Berryton, and Roger Theis, Wichita, and two grandsons: Now, therefore,

    Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring
therein: That we extend our deepest sympathy to the family of the Honorable Frank G.
Theis; and

    Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to provide an enrolled copy of this resolution to Judge Franklin Theis, Shawnee County
District Court, Division 7, Shawnee County Courthouse, 200 SE 7th Street, Topeka, KS
66603 and to Roger M. Theis, Attorney at Law, 301 N. Main Street, 2000 Epic Center,
Wichita, KS 67202.


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

 Appropriations: HB 2704; HR 6005.

 Business, Commerce and Labor: HB 2701.

 Financial Institutions: HB 2702, 2703.

 Governmental Organization and Elections: HB 2696.

 Insurance: HB 2705.

 Judiciary: HB 2709, 2710, 2711.

 Taxation: HB 2706, 2707, 2708, 2712.

 Transportation: HB 2697, 2698, 2699, 2700.


 From Al Le Doux, Director, Kansas Water Office, Report on Recommended Direction
of Activities under the Kansas Water Plan, January 23, 1998.

 The complete report is kept on file and open for inspection in the office of the Chief


 No objection was made to HB 2639, 2645 appearing on the Consent Calendar for the
second day.


    The Committee on Health and Human Services recommends HB 2408 be amended
on page 1, in line 18, by striking all after ``nurse,''; in line 19, by striking ``ica'' and inserting
``technician employed by a nationally certified eye bank''; in line 21, before ``certified'', by
inserting ``at a school''; in line 22, before ``university'', by inserting ``college of medicine of
the''; in line 24, by striking ``course'' and inserting ``certified school''; and the bill be passed
as amended.

 On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Tuesday, January 27,


JANET E. JONES, Cheif Clerk.