April 10, 1998


Journal of the House


SIXTIETH DAY
______
Hall of the House of Representatives, Topeka, KS,
Friday, April 10, 1998, 9:00 a.m. 
 The House met pursuant to adjournment with Speaker Shallenburger in the chair.

 The roll was called with 122 members present.

 Reps. Compton and Franklin were excused on excused absence by the Speaker.

 Present later: Rep. Franklin.

 Due to the death of Rep. Steve Lloyd, 64th District, the House now has 124 members.

 Prayer by Chaplain Washington:

      Heavenly Father,

       We stand before you with mixed emotions on this Good Friday; a day when we
      recognize the fact of death. Our minds are flooded with thoughts of Rep. Lloyd who
      just died on his birthday. But Lord, in talking to him he told of having more than
      one birthday. He told of the day in which he was born into a new life with thee.
      Lord, we thank you today for his second birthday. The day in which he was able to
      claim the hope of eternal life with you. Lord, you took him from his wetlands and
      brought him to your land. So on this Friday, we acknowledge the fact of death, but
      then on Sunday we can acknowledge the fact of the resurrection. Lord, it is our
      prayer today that each of us one day might gather around your throne renewing our
      fellowship with Rep. Lloyd to praise You forever.

       In the name of Jesus. Amen.

MESSAGE FROM THE SENATE

 The Senate adopts conference committee report on H. Sub. for Sub. SB 139.

 The Senate adopts conference committee report on SB 488.

 The Senate adopts conference committee report on SB 556.

 The Senate adopts conference committee report on HB 2249.

 The Senate adopts conference committee report on Sub. HB 2950.

 The Senate accedes to the request of the House for a conference on HB 2531 and has
appointed Senators Emert, Praeger and Goodwin as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2724 and has
appointed Senators Praeger, Hardenburger and Steineger as second conferees on the part
of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2806 and has
appointed Senators Emert, Schraad and Feleciano as second conferees on the part of the
Senate.

COMMUNICATIONS FROM STATE OFFICERS

 From Mark S. Beck, Director, Department of Revenue, Division of Property Valuation,
1997 Statistical Report of Property Assessment and Taxation.

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

MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY

 The motion of Rep. Larkin, in accordance with subsection (b) of House Rule 1309, that
HR 6010 be withdrawn from Committee on Judiciary and be placed on the calendar under
the order of business General Orders, was considered.

 Roll call was demanded.

 On roll call, the vote was: Yeas 47; Nays 75; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Boston, Burroughs, Cook, Dahl, Dean, Edmonds, Faber, Flower, Freeborn, Garner,
Grant, Gregory, Hayzlett, Helgerson, Henderson, Henry, Holmes, Howell, Hutchins, Klein,
Krehbiel, Larkin, M. Long, P. Long, Mayans, Mays, McClure, McKechnie, Mollenkamp,
Morrison, Myers, Nichols, O'Connor, O'Neal, Osborne, Pauls, Phelps, Presta, Reardon,
Schwartz, Sharp, Shultz, Spangler, Thimesch, Toplikar, Vickrey, Vining.

 Nays: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Campbell, Car-
mody, Correll, Cox, Crow, Dillon, Dreher, Empson, Farmer, Feuerborn, Findley, Flaharty,
Flora, Geringer, Gilbert, Gilmore, Glasscock, Haley, Horst, Huff, Humerickhouse, Jenni-
son, Johnson, Johnston, Kejr, Kirk, Phil Kline, Phill Kline, Kuether, Landwehr, Lane, Ma-
son, McCreary, McKinney, Minor, Neufeld, Packer, Palmer, E. Peterson, J. Peterson, Pot-
torff, Powell, Powers, Ray, Reinhardt, Ruff, Samuelson, Sawyer, Shallenburger, Shore,
Showalter, Shriver, Sloan, Stone, Storm, Swenson, Tanner, Toelkes, Tomlinson, Wagle,
Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Compton, Franklin.

 Not having received the required 70 votes, the motion did not prevail.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

 HCR 5053, A concurrent resolution memorializing the Senate of the U.S. Congress to
pass H.J. Res. 54, proposing an amendment to the Constitution of the United States au-
thorizing Congress to prohibit the physical desecration of the flag of the United States, was
considered on final action.

 On roll call, the vote was: Yeas 115; Nays 6; Present but not voting: 0; Absent or not
voting: 3.

 Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Camp-
bell, Carmody, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Empson,
Faber, Farmer, Feuerborn, Findley, Flora, Flower, Freeborn, Geringer, Gilbert, Gilmore,
Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst,
Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Klein, Phil
Kline, Phill Kline, Kuether, Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans,
Mays, 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, Reardon, Reinhardt, Ruff, Samuelson, Sawyer,
Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm,
Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: Aurand, Flaharty, Garner, Krehbiel, McClure, Spangler.

 Present but not voting: None.

 Absent or not voting: Compton, Franklin, Kirk.

 The resolution was adopted.

 SB 44, An act relating to income taxation; providing certain credits therefrom; amending
K.S.A. 79-3230 and 79-32,117 and 79-32,117h and repealing the existing sections, was con-
sidered on final action.

 On roll call, the vote was: Yeas 96; Nays 24; Present but not voting: 2; Absent or not
voting: 2.

 Yeas: Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Boston, Burroughs, Cook, Correll,
Dillon, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Freeborn, Garner, Ger-
inger, Gilmore, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes,
Horst, Howell, Huff, Humerickhouse, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil
Kline, Phill Kline, Krehbiel, Landwehr, Larkin, M. Long, P. Long, Mason, Mayans, Mays,
McClure, McCreary, McKechnie, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols,
O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pot-
torff, Powell, Powers, Presta, Reardon, Ruff, Sawyer, Schwartz, Shallenburger, Sharp, Shore,
Showalter, Shriver, Shultz, Spangler, Stone, Swenson, Tanner, Thimesch, Toplikar, Vickrey,
Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk, Wilson.

 Nays: Adkins, Benlon, Campbell, Cox, Crow, Dahl, Dean, Dreher, Flaharty, Flora,
Flower, Gilbert, Glasscock, Hutchins, Kuether, Lane, Ray, Reinhardt, Samuelson, Sloan,
Storm, Toelkes, Tomlinson, Wempe.

 Present but not voting: Carmody, McKinney.

 Absent or not voting: Compton, Franklin.

 The bill passed, as amended.

 SB 418, An act relating to the taxation of motor vehicle fuels; concerning the filing of
certain reports; providing for a motor fuel tax credit; amending K.S.A. 79-3464c and re-
pealing the existing section, was considered on final action.

 On roll call, the vote was: Yeas 117; Nays 1; Present but not voting: 3; Absent or not
voting: 3.

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

 Nays: Spangler.

 Present but not voting: Packer, Presta, Shriver.

 Absent or not voting: Compton, Franklin, Sharp.

 The bill passed.

REPORTS OF STANDING COMMITTEES

    The Committee on Appropriations recommends Substitute for SB 424, as amended
by Senate Committee of the Whole, be amended by substituting a new bill to be designated
as ``House Substitute for Substitute for SENATE BILL No. 424,'' as follows:

``HOUSE Substitute for Substitute for SENATE BILL No. 424
By Committee on Appropriations
``AN ACT relating to Kansas insurance coverage for children; duties of the secretary of social
      and rehabilitation services; funds; joint committee on children's issues and duties
      thereof.''; and the substitute bill be passed.

       (H. Sub. for Sub. SB 424 was thereupon introduced and read by title.)

MOTIONS TO CONCUR AND NONCONCUR

 On motion of Rep. Carmody, the House concurred in Senate amendments to HB 2531,
An act concerning certain crimes; enacting the prevention of assisted suicide act; concerning
the assisting of suicide; providing criminal penalties; providing civil remedy; providing in-
junctive relief; concerning abortions; amending K.S.A. 21-3406, 65-2006, 65-2896b and
75-6104 and K.S.A. 1997 Supp. 65-445, 65-1120, 65-1436, 65-1627, 65- 2836, 65-2837,
65-6703 and 65-6712 and repealing the existing sections. (The House requested the Senate
to return the bill, which was in conference).

 On roll call, the vote was: Yeas 78; Nays 45; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Ballou, Boston, Burroughs, Campbell, Carmody, Cook, Dahl, Dean, Edmonds,
Empson, Faber, Farmer, Flower, Franklin, Freeborn, Geringer, Gilmore, Glasscock, Grant,
Gregory, Hayzlett, Helgerson, Henry, Holmes, Horst, Howell, Humerickhouse, Hutchins,
Jennison, Kejr, Phill Kline, Landwehr, Larkin, M. Long, P. Long, Mason, Mayans, Mays,
McClure, McCreary, McKechnie, McKinney, Mollenkamp, Morrison, Myers, Neufeld,
Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, J. Peterson, Phelps, Pottorff,
Powell, Powers, Presta, Reardon, Schwartz, Shallenburger, Sharp, Shore, Shultz, Spangler,
Swenson, Thimesch, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland,
Wempe, Wilk, Wilson.

 Nays: Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Correll, Cox, Crow, Dillon,
Dreher, Feuerborn, Findley, Flaharty, Flora, Garner, Gilbert, Haley, Henderson, Huff,
Johnson, Johnston, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Lane, Minor, E. Peterson,
Ray, Reinhardt, Ruff, Samuelson, Sawyer, Showalter, Shriver, Sloan, Stone, Storm, Tanner,
Toelkes, Wells, Welshimer.

 Present but not voting: None.

 Absent or not voting: Compton.

EXPLANATIONS OF VOTE


 Mr. Speaker: We vote yes on HB 2531. We vote yes as an affirmation, in the name of
the people of Kansas, elderly and young, frail and healthy, born and unborn, of the value
of life--at its beginning--at its end.

 This bill's definition of viability simply states, in part, that the child can live ``indefinitely.''
Indefinite means ``undefined,'' that is, life is not measured in minutes, hours, years, or
decades. The ability to live is the criterion, not the length or what is euphemistically called
the ``quality'' of life.--Tony Powell, Phill Kline, Kenny A. Wilk, Kent Glasscock,
Clark Shultz, Doug Mays, Tim Carmody, Jim Morrison, Phyllis Gilmore, Greg
A. Packer, Cliff Franklin, Don Myers, Bill Reardon, Terry Presta, Billie
Vining, Dave P. Gregory, Dennis Wilson, Bill Mason, Peggy Palmer, Carlos
Mayans, Billie McCreary, Donald L. Dahl, Brenda K. Landwehr, Peggy Long,
Joe Humerickhouse, Joann Freeborn, Carl Dean Holmes, Sharon Schwartz,
Verlyn D. Osborne, John M. Faber, Joann Flower, Becky Hutchins, Vince Cook,
Garry Boston, Michael R. O'Neal, Ted Powers, Eugene Shore, Andrew Howell,
Mike Farmer, Joe Kejr, Shari Weber, Jeff Peterson, Susan Wagle, Robin
Jennison, Tim Shallenburger, Gayle Mollenkamp, Kay O'Connor, Dale
Swenson, Melvin Neufeld, Jene Vickrey, John Ballou, John Toplikar, Gary K.
Hayzlett, Bruce Larkin, Jack Wempe, Jerry Henry, Galen Weiland, Henry M.
Helgerson, Daniel J. Thimesch, George R. Dean, Eber Phelps, Larry L.
Campbell, Janice L. Pauls, Laura McClure, Gerald G. Geringer

 Mr. Speaker: Congratulations, to the far right wing for once again maneuvering election
year campaign fodder into an otherwise substantive bill. And with our popular Governor
shying away from any potential primary challenge, it could even be signed into law!

 The only problem is the unconstitutional intrusion upon a women's right to privacy.
Coupled with the danger of compelling pre-term fetuses to be declared ``viable,'' this bill is
nothing more than a waste of our time and taxpayer dollars. Mr. Speaker, I vote ``no'' on
HB 2531.--David Haley

INTRODUCTION OF ORIGINAL MOTIONS

 On emergency motion of Rep. Jennison, pursuant to House Rule 2311, H. Sub. for Sub.
SB 424 was advanced to Final Action on Bills and Concurrent Resolutions, subject to
amendment, debate and roll call.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

 Committee report recommending a substitute bill to H. Sub. for Sub. SB 424 was
adopted; also, on motion of Rep. Neufeld was amended on page 5, in line 15, by striking
``services'' and inserting ``issues'';

 Also, on motion of Rep. Mayans H. Sub. for Sub. SB 424 was amended on page 4, in
line 10, after the period, by inserting: ``At least one member of the committee from the
house of representatives shall be a member of the committee on insurance, one member
shall be a member of the committee on health and human services and one member shall
be a member of the committee on appropriations. At least one member of the committee
from the senate shall be a member of the committee on financial institutions and insurance,
one member shall be a member of the committee on public health and welfare and one
member shall be a member of the committee on ways and means.'';

 H. Sub. for Sub. SB 424, An act relating to Kansas insurance coverage for children;
duties of the secretary of social and rehabilitation services; funds; joint committee on chil-
dren's issues and duties thereof, was considered on final action.

 Call of the House was demanded.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, 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, Howell, Huff, Humerickhouse, Hutchins, Jennison,
Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr,
Lane, Larkin, M. Long, 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, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp,
Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wel-
shimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Compton.

 The substitute bill passed, as amended.

CONFERENCE COMMITTEE REPORT

    Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2249, submits the following report:

    The Senate recedes from all of its amendments to the bill;

    And your committee on conference further agrees to amend the bill, as printed with
House Committee of the Whole amendments, as follows:

    On page 1, by striking all of lines 21 through 43;

    On pages 2 through 11, by striking all of lines 1 through 43 on each such page;

    On page 12, prior to line 1, by inserting six new sections as follows:

    ``Section 1. K.S.A. 1997 Supp. 72-6407 is hereby amended to read as follows: 72-6407.
(a) ``Pupil'' means any person who is regularly enrolled in a district and attending kinder-
garten or any of the grades one through 12 maintained by the district or who is regularly
enrolled in a district and attending kindergarten or any of the grades one through 12 in
another district in accordance with an agreement entered into under authority of K.S.A. 72-
8233, and amendments thereto, or who is regularly enrolled in a district and attending
special education services provided for preschool-aged exceptional children by the district.
Except as otherwise provided in this subsection, a pupil in attendance full time shall be
counted as one pupil. A pupil in attendance part time shall be counted as that proportion
of one pupil (to the nearest 1/10) that the pupil's attendance bears to full-time attendance.
A pupil attending kindergarten shall be counted as 1/2 pupil. A pupil enrolled in and attending
an institution of postsecondary education which is authorized under the laws of this state to
award academic degrees shall be counted as one pupil if the pupil's postsecondary education
enrollment and attendance together with the pupil's attendance in either of the grades 11
or 12 is at least 5/6 time, otherwise the pupil shall be counted as that proportion of one pupil
(to the nearest 1/10) that the total time of the pupil's postsecondary education attendance
and attendance in grade 11 or 12, as applicable, bears to full-time attendance. A pupil
enrolled in and attending an area vocational school, area vocational-technical school or
approved vocational education program shall be counted as one pupil if the pupil's vocational
education enrollment and attendance together with the pupil's attendance in any of grades
nine through 12 is at least 5/6 time, otherwise the pupil shall be counted as that proportion
of one pupil (to the nearest 1/10) that the total time of the pupil's vocational education
attendance and attendance in any of grades nine through 12 bears to full-time attendance.
A pupil enrolled in a district and attending special education services, except special edu-
cation services for preschool-aged exceptional children, provided for by the district shall be
counted as one pupil. A pupil enrolled in a district and attending special education services
for preschool-aged exceptional children provided for by the district shall be counted as 1/2
pupil. A preschool-aged at-risk pupil enrolled in a district and receiving services under an
approved at-risk pupil assistance plan maintained by the district shall be counted as 1/2 pupil.
A pupil in the custody of the secretary of social and rehabilitation services and enrolled in
unified school district No. 259, Sedgwick county, Kansas, but housed, maintained, and re-
ceiving educational services at the Judge James V. Riddel Boys Ranch, shall be counted as
two pupils. A pupil residing at the Flint Hills job corps center shall not be counted. A pupil
confined in and receiving educational services provided for by a district at a juvenile deten-
tion facility shall not be counted. A pupil enrolled in a district but housed, maintained, and
receiving educational services at a state institution shall not be counted.

    (b) ``Preschool-aged exceptional children'' means exceptional children, except gifted
children, who have attained the age of three years but are under the age of eligibility for
attendance at kindergarten.

    (c) ``At-risk pupils'' means pupils who are eligible for free meals under the national
school lunch act and who are enrolled in a district which maintains an approved at-risk pupil
assistance plan.

    (d) ``Preschool-aged at-risk pupil'' means an at-risk pupil who has attained the age of
four years, is under the age of eligibility for attendance at kindergarten, and has been selected
by the state board in accordance with guidelines consonant with guidelines governing the
selection of pupils for participation in head start programs. The state board shall select not
more than 1,350 preschool-aged at-risk pupils to be counted in any school year.

    (d) (e) ``Enrollment'' means, for districts scheduling the school days or school hours of
the school term on a trimestral or quarterly basis, the number of pupils regularly enrolled
in the district on September 20 plus the number of pupils regularly enrolled in the district
on February 20 less the number of pupils regularly enrolled on February 20 who were
counted in the enrollment of the district on September 20; and for districts not hereinbefore
specified, the number of pupils regularly enrolled in the district on September 20. Not-
withstanding the foregoing, if enrollment in a district in any school year has decreased from
enrollment in the preceding school year, enrollment of the district in the current school
year may be computed on the basis of enrollment in the preceding school year.

    (e) (f) ``Adjusted enrollment'' means enrollment adjusted by adding at-risk pupil weight-
ing, program weighting, low enrollment weighting, if any, correlation weighting, if any,
school facilities weighting, if any, ancillary school facilities weighting, if any, and transpor-
tation weighting to enrollment.

    (f) (g) ``At-risk pupil weighting'' means an addend component assigned to enrollment
of districts on the basis of enrollment of at-risk pupils.

    (g) (h) ``Program weighting'' means an addend component assigned to enrollment of
districts on the basis of pupil attendance in educational programs which differ in cost from
regular educational programs.

    (h) (i) ``Low enrollment weighting'' means an addend component assigned to enrollment
of districts having under 1,800 1,750 enrollment on the basis of costs attributable to main-
tenance of educational programs by such districts in comparison with costs attributable to
maintenance of educational programs by districts having 1,800 1,750 or over enrollment.

    (i) (j) ``School facilities weighting'' means an addend component assigned to enrollment
of districts on the basis of costs attributable to commencing operation of new school facilities.
School facilities weighting may be assigned to enrollment of a district only if the district has
adopted a local option budget and budgeted therein the total amount authorized for the
school year. School facilities weighting may be assigned to enrollment of the district only in
the school year in which operation of a new school facility is commenced and in the next
succeeding school year.

    (j) (k) ``Transportation weighting'' means an addend component assigned to enrollment
of districts on the basis of costs attributable to the provision or furnishing of transportation.

    (k) (l) ``Correlation weighting'' means an addend component assigned to enrollment of
districts having 1,800 1,750 or over enrollment on the basis of costs attributable to main-
tenance of educational programs by such districts as a correlate to low enrollment weighting
assigned to enrollment of districts having under 1,800 1,750 enrollment.

    (l) (m) ``Ancillary school facilities weighting'' means an addend component assigned to
enrollment of districts to which the provisions of K.S.A. 1997 Supp. 72-6441, and amend-
ments thereto, apply on the basis of costs attributable to commencing operation of new
school facilities. Ancillary school facilities weighting may be assigned to enrollment of a
district only if the district has levied a tax under authority of K.S.A. 1997 Supp. 72-6441,
and amendments thereto, and remitted the proceeds from such tax to the state treasurer.
Ancillary school facilities weighting is in addition to assignment of school facilities weighting
to enrollment of any district eligible for such weighting.

    Sec. 2. K.S.A. 1997 Supp. 72-6410 is hereby amended to read as follows: 72-6410. (a)
``State financial aid'' means an amount equal to the product obtained by multiplying base
state aid per pupil by the adjusted enrollment of a district.

    (b) ``Base state aid per pupil'' means an amount of state financial aid per pupil. Subject
to the other provisions of this subsection, the amount of base state aid per pupil is $3,670
$3,720. The amount of base state aid per pupil is subject to reduction commensurate with
any reduction under K.S.A. 75-6704, and amendments thereto, in the amount of the ap-
propriation from the state general fund for general state aid. If the amount of appropriations
for general state aid is insufficient to pay in full the amount each district is entitled to receive
for any school year, the amount of base state aid per pupil for such school year is subject
to reduction commensurate with the amount of the insufficiency.

    (c) ``Local effort'' means the sum of an amount equal to the proceeds from the tax levied
under authority of K.S.A. 72-6431, and amendments thereto, and an amount equal to any
unexpended and unencumbered balance remaining in the general fund of the district, except
amounts received by the district and authorized to be expended for the purposes specified
in K.S.A. 72-6430, and amendments thereto, and an amount equal to any unexpended and
unencumbered balances remaining in the program weighted funds of the district, except
any amount in the vocational education fund of the district if the district is operating an
area vocational school, and an amount equal to any remaining proceeds from taxes levied
under authority of K.S.A. 72-7056 and 72-7072, and amendments thereto, prior to the repeal
of such statutory sections, and an amount equal to the amount deposited in the general fund
in the current school year from amounts received in such year by the district under the
provisions of subsection (a) of K.S.A. 72-1046a, and amendments thereto, and an amount
equal to the amount deposited in the general fund in the current school year from amounts
received in such year by the district pursuant to contracts made and entered into under
authority of K.S.A. 72-6757, and amendments thereto, and an amount equal to the amount
credited to the general fund in the current school year from amounts distributed in such
year to the district under the provisions of articles 17 and 34 of chapter 12 of Kansas Statutes
Annotated and under the provisions of articles 42 and 51 of chapter 79 of Kansas Statutes
Annotated, and (1) for districts other than the district created by K.S.A. 72-5333a, and
amendments thereto, an amount equal to 75% of the federal impact aid of a district and (2)
for the district created by K.S.A. 72-5333a, and amendments thereto, an amount equal to
the federal impact aid of the district.

    (d) ``Federal impact aid'' means an amount equal to the federally qualified percentage
of the amount of moneys a district receives in the current school year under the provisions
of title I of public law 874 and congressional appropriations therefor, excluding amounts
received for assistance in cases of major disaster and amounts received under the low-rent
housing program. The amount of federal impact aid defined herein as an amount equal to
the federally qualified percentage of the amount of moneys provided for the district under
title I of public law 874 shall be determined by the state board in accordance with terms
and conditions imposed under the provisions of the public law and rules and regulations
thereunder.

    Sec. 3. K.S.A. 1997 Supp. 72-6412 is hereby amended to read as follows: 72-6412. The
low enrollment weighting of each district with under 1,800 1,750 enrollment shall be de-
termined by the state board as follows:

    (a) Determine the amount of the median budget per pupil for the 1991-92 school year
of districts with 75-125 enrollment in such school year;

    (b) determine the amount of the median budget per pupil for the 1991-92 school year
of districts with 200-399 enrollment in such school year;

    (c) determine the amount of the median budget per pupil for the 1991-92 school year
of districts with 1,900 or over enrollment;

    (d) prescribe a schedule amount for each of the districts by preparing a schedule based
upon an accepted mathematical formula and derived from a linear transition between (1)
the median budgets per pupil determined under (a) and (b), and (2) the median budgets
per pupil determined under (b) and (c). The schedule amount for districts with 0-99 en-
rollment is an amount equal to the amount of the median budget per pupil determined
under (a). The schedule amount for districts with 100-299 enrollment is the amount derived
from the linear transition under (1). The schedule amount for districts with 300-1,899 en-
rollment is the amount derived from the linear transition under (2);

    (e) for districts with 0-99 enrollment:

    (1) Subtract the amount determined under (c) from the amount determined under (a);

    (2) divide the remainder obtained under (1) by the amount determined under (c);

    (3) multiply the quotient obtained under (2) by the enrollment of the district in the
current school year. The product is the low enrollment weighting of the district;

    (f) for districts with 100-299 enrollment:

    (1) Subtract the amount determined under (c) from the schedule amount of the district;

    (2) divide the remainder obtained under (1) by the amount determined under (c);

    (3) multiply the quotient obtained under (2) by the enrollment of the district in the
current school year. The product is the low enrollment weighting of the district;

    (g) for districts with 300-1,799 300-1,749 enrollment:

    (1) Subtract the amount determined under (c) from the schedule amount of the district;

    (2) divide the remainder obtained under (1) by the amount determined under (c);

    (3) multiply the quotient obtained under (2) by the enrollment of the district in the
current school year. The product is the low enrollment weighting of the district.

    Sec. 4. K.S.A. 1997 Supp. 72-6414 is hereby amended to read as follows: 72-6414. The
at-risk pupil weighting of each district shall be determined by the state board by multiplying
the number of at-risk pupils included in enrollment of the district by .065 .08. The product
is the at-risk pupil weighting of the district.

    Sec. 5. K.S.A. 1997 Supp. 72-6442 is hereby amended to read as follows: 72-6442. The
correlation weighting of each district with 1,800 1,750 or over enrollment shall be deter-
mined by the state board as follows:

    (a) Determine the schedule amount for a district with 1,800 1,750 enrollment as derived
from the linear transition under (d) of K.S.A. 72-6412, and amendments thereto, and sub-
tract the amount determined under (c) of K.S.A. 72-6412, and amendments thereto, from
the schedule amount so determined;

    (b) divide the remainder obtained under (a) by the amount determined under (c) of
K.S.A. 72-6412, and amendments thereto, and multiply the quotient by the enrollment of
the district in the current school year. The product is the correlation weighting of the district.

    Sec. 6. K.S.A. 1997 Supp. 72-6407, 72-6410, 72-6412, 72-6414 and 72-6442 are hereby
repealed.'';

    By renumbering section 14 as section 7;

    In the title, by striking all of line 14; in line 15, by striking all before ``amending'' and
inserting ``concerning school district finance; defining and counting preschool-aged at-risk
pupils; affecting determination of at-risk, low enrollment, and correlation weightings;''; in
line 16, by striking all after ``K.S.A.''; in line 17, by striking ``79-32,176, 79-32,195 and 79-
32,197'' and inserting ``1997 Supp. 72-6407, 72-6410, 72-6412, 72-6414 and 72-6442'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Barbara Lawrence

                                                                                    Audrey Langworthy

                                                                                    Christine Downey
 
                                                                                    Conferees on part of Senate

                                                                                    Eugene L. Shore

                                                                                    Michael R. O'Neal

                                                                                    Bill Reardon
 
Conferees on part of House

 On motion of Rep. O'Neal, the conference committee report on HB 2249 was adopted.

 On roll call, the vote was: Yeas 122; Nays 1; Present but not voting: 0; Absent or not
voting: 1.

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

 Nays: Faber.

 Present but not voting: None.

 Absent or not voting: Compton.

CONFERENCE COMMITTEE REPORT

    Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to Substitute for HB 2950, submits the following report:

    The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:

    On page 7, in line 37, after the period, by inserting ``Before approval by the department,
any consultant preparing such plans and specifications shall submit to the department evi-
dence, satisfactory to the department, of adequate general commercial liability insurance
coverage.'';

    On page 12, in line 28, by striking ``12'' and inserting ``six'';

    On page 15, in line 35, after ``facility'' by inserting ``that has an animal unit capacity of
1,000 or more and'';

    On page 16, in line 8, by striking ``12'' and inserting ``six''; in line 42, by striking ``shall
amend its nutrient utilization'' and inserting ``that is required to have a nutrient utilization
plan shall amend such'';

    On page 17, in line 4, by striking ``Each swine facility shall maintain its nutrient utilization''
and inserting ``A swine facility that is required to have a nutrient utilization plan shall main-
tain such'';

    On page 20, by striking all of line 6; in line 7, by striking ``more'' and inserting ``is required
to have a permit'';

    On page 23, in line 38, by striking ``at the discretion of the department'' and inserting ``at
least once during the term of the facility's permit'';

    On page 33, after line 4, by inserting:

    ``(ix) The amount of any ad valorem taxes and assessments paid and the amount of any
costs incurred for habitat management or construction and maintenance of improvements
on real property, claimed for deduction in determining federal adjusted gross income, to
the extent the same is claimed as the basis for any credit allowed pursuant to K.S.A. 79-
32,203 and amendments thereto.'';

    On page 57, in line 15, by striking ``and amendments thereto'' and inserting ``as it existed
before the effective date of this act'';

    On page 60, in line 10, after ``K.S.A.'' by inserting ``2-1915,''; in line 11, by striking ``74-
5065'' and inserting ``17-5904, 17-5908, 47-1219, 65-171d, 74-5065, 74-5066, 74-8902, 74-
8905''; also in line 11, by striking all after ``79-32,117''; in line 12, by striking all before the
last comma;

    On page 69, in lines 3 and 4, by striking ``and section 38 and amendments thereto'' and
inserting ``, as it existed before the effective date of this act, and section 38''; in line 6, after
``which'' by inserting ``, before the effective date of this act,''; in line 7, by striking ``and
amendments thereto'' and inserting ``, as it existed before the effective date of this act'';
after line 8, by inserting:

    ``(16) Agricultural land held or leased by a corporation or limited liability company for
use as a swine production facility in any county where the voters, after the effective date of
this act, have voted pursuant to K.S.A. 17-5908, and amendments thereto, to allow estab-
lishment of swine production facilities within the county.'';

    Also on page 69, in line 9, by striking ``(16)'' and inserting ``(17)''; in line 14, by striking
``(17)'' and inserting ``(18)''; after line 39, by inserting:

    Sec. 45. K.S.A. 17-5908 is hereby amended to read as follows: 17-5908. (a) (1) The
board of county commissioners, by resolution, may permit a submit to the qualified voters
of the county a proposition to allow swine production facility facilities, as defined in K.S.A.
17-5903, and amendments thereto, to be established within the county. Such resolution
shall be published once each week for two consecutive weeks in the official county news-
paper. The resolution shall take effect 60 days after final publication unless a valid petition
in opposition to the same is filed.

    (2) If within 60 days of the final publication of the resolution, a valid protest petition to
submit the resolution to the qualified voters of the county is signed by qualified electors of
the county equal in number to not less than 5% of the electors of the county who voted for
the office of secretary of state at the last preceding general election at which such office
was elected and is filed with the county election officer Upon adoption of such resolution,
the county election officer shall submit the question of whether a swine production facility
facilities shall be allowed to be established in such county at the next state or county-wide
regular or special election.

    (b) (1) The board of county commissioners, upon a petition filed in accordance with
paragraph (b)(2), shall submit to the qualified electors voters of the county a proposition to
permit a allow swine production facility facilities, as defined in K.S.A. 17-5903, and amend-
ments thereto, to be established within the county.

    (2) A petition to submit a proposition to the qualified voters of a county pursuant to
this section subsection (b) shall be filed with the county election officer. The petition shall
be signed by qualified electors voters of the county equal in number to not less than 5% of
the electors voters of the county who voted for the office of secretary of state at the last
preceding general election at which such office was elected. The following shall appear on
the petition:

    ``We request an election to determine whether a corporate swine production facility fa-
cilities shall be allowed to be established in ____________ c/ounty, pursuant to
K.S.A. 17-5904.''

    (3) Upon the submission of a valid petition calling for an election pursuant to this
subsection, the county election officer shall submit the question of whether a swine pro-
duction facility facilities shall be allowed to be established in such county at the next state
or county-wide regular or special election which occurs more than 60 days after the petition
is filed with the county election officer.

    (c) If a majority of the votes cast and counted are in opposition to allowing swine pro-
duction facilities to be established in such county, the county election officer shall transmit
a copy of the result to the secretary of state who shall publish in the Kansas register the
result of such election and that swine production facilities are not allowed to be established
in such county.

    (d) If a majority of the votes cast and counted is in favor of the proposition, the county
election officer shall transmit a copy of the result to the secretary of state who shall publish
in the Kansas register the result of such election and that swine production facilities are
allowed to be established in such county.

    (e) The election provided for by this section shall be conducted, and the votes counted
and canvassed, in the manner provided by law for question submitted elections of the county,
except that the county election officer shall publish in the official county newspaper a notice
of such election once each week for two consecutive weeks, the first publication to be not
less than 21 days before the election, and such notice shall state the date and time of the
election and the proposition that will appear on the ballot.

    Sec. 46. K.S.A. 2-1915 is hereby amended to read as follows: 2-1915. (a) Appropriations
may be made for grants out of funds in the treasury of this state for terraces, terrace outlets,
check dams, dikes, ponds, ditches, critical area planting, grassed waterways, tailwater re-
covery irrigation systems, precision land forming, range seeding, detention and grade sta-
bilization structures and other enduring water conservation practices installed on public
lands and on privately owned lands. Except as provided by the multipurpose small lakes
program act, any such grant shall not exceed 80% of the total cost of any such practice.

    (b) A program for protection of riparian and wetland areas shall be developed by the
state conservation commission and implemented by the conservation districts. The conser-
vation districts shall prepare district programs to address resource management concerns
of water quality, erosion and sediment control and wildlife habitat as part of the conservation
district long-range and annual work plans. Preparation and implementation of conservation
district programs shall be accomplished with assistance from appropriate state and federal
agencies involved in resource management.

    (c) Subject to the provisions of K.S.A. 2-1919, and amendments thereto, any holder of
a water right, as defined by subsection (g) of K.S.A. 82a-701, and amendments thereto, who
is willing to voluntarily return all or a part of the water right to the state shall be eligible for
a grant not to exceed 80% of the total cost of the purchase price for such water right. The
state conservation commission shall administer this cost-share program with funds appro-
priated by the legislature for such purpose. The chief engineer shall certify to the state
conservation commission that any water right for which application for cost-share is received
under this section is eligible in accordance with the criteria established in K.S.A. 2-1919,
and amendments thereto.

    (d) (1) Subject to appropriation acts therefor, the state conservation commission shall
develop the Kansas water quality buffer initiative for the purpose of restoring riparian areas
using best management practices. The executive director of the state conservation commission
shall ensure that the initiative is complementary to the federal conservation reserve program.

    (2) There is hereby created in the state treasury the Kansas water quality buffer initiative
fund. All expenditures from such fund shall be made in accordance with appropriation acts
upon warrants of the director of accounts and reports issued pursuant to vouchers approved
by the executive director of the state conservation commission or the executive director's
designee. Money credited to the fund shall be used for the purpose of making grants to install
water quality best management practices pursuant to the initiative.

    (3) The county or district appraiser shall identify and map riparian buffers consisting
of at least one contiguous acre per parcel of real property located in the appraiser's county.
Notwithstanding any other provisions of law, riparian buffers shall be valued by the county
or district appraiser as tame grass land, native grass land or waste land, as appropriate. As
used in this subsection (3), ``riparian buffer'' means an area of stream-side vegetation that:
(A) Consists of tame or native grass and may include forbs and woody plants; (B) is located
along a perennial or intermittent stream, including the stream bank and adjoining floodplain;
and (C) is a minimum of 66 feet wide and a maximum of 150 feet wide.

    (d) (e) The state conservation commission shall adopt rules and regulations to administer
such grant and protection programs.

    (e) (f) Any district is authorized to make use of any assistance whatsoever given by the
United States, or any agency thereof, or derived from any other source, for the planning
and installation of such practices. The state conservation commission may enter into agree-
ments with other state and federal agencies to implement the Kansas water quality buffer
initiative.'';

    Also on page 69, by striking all of lines 40 through 43 and inserting:

    ``Sec. 47. K.S.A. 2-1915, 2-3302, 2-3305, 2-3307, 17-5908, 74-5065, 79-32,117 and
79-32,117i and K.S.A. 1997 Supp. 17-5904, 19-101a, 47-1219, 65-171d, 74-5066, 74-8902
and 74-8905 are hereby repealed.'';

    By renumbering sections 46 and 47 as sections 48 and 49;

    In the title, in line 14, by striking all after ``concerning''; by striking all of lines 15 through
26; in line 32, before the semicolon, by inserting ``agriculture; relating to regulation of
confined animal feeding facilities; imposing restrictions on construction, operation and ex-
pansion of certain facilities; providing for certain income tax credits; providing for certain
elections on establishment of swine production facilities; relating to eligibility for KIT and
KIR program funds and for issuance of Kansas development finance authority bonds; re-
lating to disposal of certain dead livestock; relating to water quality buffers; amending K.S.A.
2-1915, 2-3302, 2-3305, 2-3307, 17-5908, 74-5065 and 79-32,117 and K.S.A. 1997 Supp.
17-5904, 19-101a, 47-1219, 65-171d, 74-5066, 74-8902 and 74-8950; also repealing K.S.A.
79-32,117i'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    David R. Corbin

                                                                                    Stephen R. Morris

                                                                                    Donald E. Biggs
 
                                                                                    Conferees on part of Senate

                                                                                    Joann Freeborn

                                                                                    Kent Glasscock

                                                                                    Laura McClure
 
Conferees on part of House

 On motion of Rep. Freeborn to adopt the conference committee report on Sub. HB
2950, Rep. Johnston offered a substitute motion to not adopt the conference committee
report and asked that a new conference committee be appointed.

 Roll call was demanded.

 On roll call, the vote was: Yeas 55; Nays 68; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Alldritt, Ballard, Burroughs, Cook, Crow, Dean, Dillon, Edmonds, Faber, Findley,
Flaharty, Flora, Garner, Gilbert, Grant, Gregory, Helgerson, Henry, Howell, Johnston, Kirk,
Klein, Phill Kline, Krehbiel, Kuether, Landwehr, Larkin, Mayans, Mays, McKechnie, Mol-
lenkamp, Morrison, Nichols, Packer, Palmer, Pauls, E. Peterson, Phelps, Pottorff, Powell,
Powers, Reardon, Ruff, Sawyer, Shallenburger, Shultz, Spangler, Swenson, Toelkes, Topli-
kar, Vickrey, Vining, Wagle, Wells, Welshimer.

 Nays: Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Boston, Campbell, Carmody, Correll,
Cox, Dahl, Dreher, Empson, Farmer, Feuerborn, Flower, Franklin, Freeborn, Geringer,
Gilmore, Glasscock, Haley, Hayzlett, Henderson, Holmes, Horst, Huff, Humerickhouse,
Hutchins, Jennison, Johnson, Kejr, Phil Kline, Lane, M. Long, P. Long, Mason, McClure,
McCreary, McKinney, Minor, Myers, Neufeld, O'Connor, O'Neal, Osborne, J. Peterson,
Presta, Ray, Reinhardt, Samuelson, Schwartz, Sharp, Shore, Showalter, Shriver, Sloan,
Stone, Storm, Tanner, Thimesch, Tomlinson, Weber, Weiland, Wempe, Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Compton.

 The substitute motion did not prevail.

 The question then reverted back to the original motion of Rep. Freeborn and the con-
ference committee report was adopted.

 On roll call, the vote was: Yeas 76; Nays 47; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Boston, Campbell, Carmody, Cook,
Correll, Cox, Dahl, Dreher, Empson, Farmer, Feuerborn, Flower, Franklin, Freeborn, Ger-
inger, Gilmore, Glasscock, Haley, Hayzlett, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jennison, Johnson, Kejr, Phil Kline, Phill Kline, Lane, M. Long, P. Long, Mason,
McClure, McCreary, McKinney, Minor, Myers, Neufeld, O'Connor, O'Neal, Osborne,
Packer, Pauls, J. Peterson, Powers, Presta, Ray, Reinhardt, Samuelson, Schwartz, Shallen-
burger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Tanner, Thimesch, Tomlin-
son, Toplikar, Vickrey, Weber, Weiland, Wempe, Wilk, Wilson.

 Nays: Alldritt, Ballard, Burroughs, Crow, Dean, Dillon, Edmonds, Faber, Findley, Fla-
harty, Flora, Garner, Gilbert, Grant, Gregory, Helgerson, Henderson, Henry, Johnston,
Kirk, Klein, Krehbiel, Kuether, Landwehr, Larkin, Mayans, Mays, McKechnie, Mollen-
kamp, Morrison, Nichols, Palmer, E. Peterson, Phelps, Pottorff, Powell, Reardon, Ruff,
Sawyer, Spangler, Storm, Swenson, Toelkes, Vining, Wagle, Wells, Welshimer.

 Present but not voting: None.

 Absent or not voting: Compton.

EXPLANATIONS OF VOTE
 Mr. Speaker: I vote ``No'' on Sub. HB 2950. This bill does too little to protect the
environment from the depredations of large swine operations. Further, Sub. HB 2950 does
virtually nothing to secure to the people the right to vote on this extraordinarily sensitive
and controversial issue. I will not be a party to the continuing disenfranchisement of the
electorate. I vote ``No.''--John T. Edmonds, Billie Vining

 Mr. Speaker: The House Environment Committee and its sub committee have worked
hard on this bill. Committee leadership made a decision not to consider social, community
or political considerations. Some of those considerations were addressed on the House floor.
The Senate decided to ignore those issues except to cater to a particular Senator's wishes
in Meade County.

 Unfortunately we did not consider the tough political questions. I think we can see how
those issues may play out by the example of what happened in Great Bend.

 Even though this is an environmentally sound bill I vote no on Sub. HB 2950 because
other important issues were not addressed.--Vaughn L. Flora

 Mr. Speaker: I vote no on Sub. HB 2950. Maybe it's the best we can do, more is needed
in future sessions. This bill may lull some into a false sense of security that environmental
issues have been adequately addressed. They have not!

 The concerns of Kansans who have voted against corporate hogs are not addressed in this
legislation. These mega-corporations are the antithesis of American agriculture. Huge con-
centrations of hogs in compacted geographic areas of our state will still affect negatively our
soil, water, air, and our quality of life. The decisive vote on this issue will be cast next
November at the ballot box. So be it.--Ethel M. Peterson

 Mr. Speaker: I vote ``No'' on Sub. HB 2950. The minimal level of environmental stan-
dards in this bill is nice, but there is more involved here.

 Under this bill we continue to move away from farmers supporting their families and
communities to the creation of corporate operated factory farms. This is not my vision for
the future.--Jim D. Garner

CONFERENCE COMMITTEE REPORT

    Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 11, submits the following report:

    Your committee on conference agrees to disagree and recommends that a new conference
committee be appointed;

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Mike Farmer

                                                                                    Henry M. Helgerson, Jr.
 
                                                                                    Conferees on part of House

                                                                                    Dave Kerr

                                                                                    Stephen R. Morris
 
Conferees on part of Senate

 On motion of Rep. Farmer, the conference committee report on SB 11 was adopted.

 Speaker pro tem Wagle thereupon appointed Reps. Farmer, Edmonds and Helgerson as
third conferees on the part of the House.

MOTIONS TO CONCUR AND NONCONCUR

 On motion of Rep. Packer, the House concurred in Senate amendments to HB 2759,
An act concerning city elections; relating to qualified electors. (The House requested the
Senate to return the bill, which was in conference).

 On roll call, the vote was: Yeas 101; Nays 22; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Cox, Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Farmer, Findley, Flaharty,
Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant,
Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Phil Kline, Phill Kline,
Kuether, Landwehr, Lane, M. Long, P. Long, Mason, Mayans, McClure, McCreary,
McKechnie, Mollenkamp, Myers, Neufeld, Nichols, O'Neal, Osborne, Packer, Palmer,
Pauls, E. Peterson, J. Peterson, Powell, Powers, Presta, Ray, Reardon, Samuelson, Sawyer,
Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone,
Storm, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Wells, Welshimer, Wilk, Wilson.

 Nays: Carmody, Cook, Correll, Crow, Faber, Feuerborn, Kirk, Klein, Krehbiel, Larkin,
Mays, McKinney, Minor, Morrison, O'Connor, Phelps, Pottorff, Reinhardt, Ruff, Swenson,
Weiland, Wempe.

 Present but not voting: None.

 Absent or not voting: Compton.

 The House stood in recess until 2:30 p.m.











April 10, 1998


______
Afternoon Session
 The House met pursuant to recess with Speaker Shallenburger in the chair.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

 The following concurrent resolution was introduced and read by title:

HOUSE CONCURRENT RESOLUTION No. 5057--



By Representatives Garner and Aurand and Flaharty, Kirk, Krehbiel, McClure,
E. Peterson, Phelps, Spangler and Welshimer
A CONCURRENT RESOLUTION requesting the state board of education to develop
curriculum teaching proper respect for the flag and urging local boards of education to
implement such curriculum.

    WHEREAS, Millions of Americans hold the American flag in deep reverence; and

    WHEREAS, The American flag symbolizes the ideas of liberty and equality and what
our nation is and what it values. No other American symbol has been as universally honored
as the American flag; and

    WHEREAS, The American flag has served as a rallying force for American fighting men
from Yorktown to the Persian Gulf; and

    WHEREAS, Kansans believe that proper respect for the flag of the United States and
flag etiquette should be taught to Kansas school children: Now, therefore,

    Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring
therein: That the Legislature requests the State Board of Education to develop curriculum
for Kansas school children in the second, fifth and eighth grade teaching proper respect for
the flag of the United States and flag etiquette; and

    Be it further resolved: That the Legislature urges all local boards of education to im-
plement such curriculum; and

    Be it further resolved:  That the Secretary of State be directed to send enrolled copies
of this resolution to the State Board of Education and to the Commissioner of Education
at 120 S.E. 10th Avenue, Topeka, Kansas 66612-1182.

MESSAGE FROM THE SENATE

 Announcing passage of HB 2510, as amended.

 Announcing adoption of HCR 5052.

 The Senate adopts conference committee report on HB 2724.

 The Senate adopts conference committee report on HB 2806.

INTRODUCTION OF ORIGINAL MOTIONS

 Pursuant to Joint Rule 3 (f), Rep. Jennison moved that the rules be suspended and that
no copies be printed of the conference committee report on SB 495. The motion prevailed.

CONFERENCE COMMITTEE REPORT

    Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 495, submits the following report:

    The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee amendments,
as follows:

    On page 1, by striking all in lines 18 through 21 and inserting in lieu thereof the following:

    ``Section 1. (a) For the fiscal year ending June 30, 1998, appropriations are hereby
made, restrictions and limitations are hereby imposed, and transfers, capital improvement
projects, fees, receipts, disbursements and acts incidental to the foregoing are hereby di-
rected or authorized as provided in sections 2 through 62 and sections 162, 171, 174, 177,
185, 186 and 187 of this act.

    (b) For the fiscal year ending June 30, 1999, appropriations are hereby made, restric-
tions and limitations are hereby imposed, and transfers, capital improvement projects, fees,
receipts, disbursements and acts incidental to the foregoing are hereby directed or author-
ized as provided in sections 63 through 192 of this act.

    (c) The agencies named in this act are hereby authorized to initiate and complete the
capital improvement projects specified and authorized by this act or for which appropriations
are made by this act, subject to the restrictions and limitations imposed by this act.

    (d) This act shall not be subject to the provisions of subsection (a) of K.S.A. 75-6702
and amendments thereto.'';

    On page 7, in line 35, before ``this'' by inserting ``sections 2 through 14 of''; in line 37,
before ``this'' by inserting ``sections 2 through 14 of'';

    On page 8, in line 1, before ``this'' by inserting ``sections 3 through 14 of''; following line
4, by inserting the following:

    ``Sec. 16.

DEPARTMENT OF ADMINISTRATION
    (a) On the effective date of this act, of the $130,747 appropriated for the above agency
for the fiscal year ending June 30, 1998, by section 45(a) of chapter 123 of the 1997 Session
Laws of Kansas from the state general fund in the policy analysis initiatives account, the
sum of $96,316 is hereby lapsed.

    (b) On the effective date of this act, of the $19,113 appropriated for the above agency
for the fiscal year ending June 30, 1998, by section 9(a) of chapter 150 of the 1997 Session
Laws of Kansas from the state general fund in the memorial hall bond anticipation note
account, the sum of $2,555 is hereby lapsed.

    (c) On the effective date of this act, the expenditure limitation established for the fiscal
year ending June 30, 1998, by section 45(b) of chapter 123 of the 1997 Session Laws of
Kansas on the state buildings operating fund, is hereby decreased from $11,115,831 to
$10,191,588.

    (d) On June 1, 1998, or as soon thereafter as moneys are available, the director of
accounts and reports shall transfer $35,715,096 from the state general fund to the state
budget stabilization fund.

    (e) In addition to the other purposes for which expenditures may be made from the
Kansas economic development endowment account of the state economic development
initiatives fund of the department of commerce and housing for the fiscal year ending June
30, 1998, the director of accounts and reports is hereby authorized and directed to pay on
June 15, 1998, or as soon after such date as moneys are available, the following amounts
from the Kansas economic development endowment account of the state economic devel-
opment initiatives fund of the department of commerce and housing, to the following or-
ganizations:


Cosmosphere, Hutchinson, KS $1,500,000

Boot Hill museum, Front Street, Dodge City, KS 67801 $150,000

Exploration Place, Wichita, KS $1,500,000


Provided, That the above expenditures for fiscal year 1998 shall be in addition to any ex-
penditure limitation imposed on the Kansas economic development endowment account of
the state economic development initiatives fund or on the state economic development
initiatives fund of the department of commerce and housing.

    (f) On June 15, 1998, or as soon thereafter as moneys are available, the director of
accounts and reports shall transfer $3,250,000 from the state general fund to the Kansas
economic development endowment account of the state economic development initiatives
fund of the department of commerce and housing.

    Sec. 17.

STATE BANK COMMISSIONER
    (a) On the effective date of this act, the expenditure limitation established for the fiscal
year ending June 30, 1998, by section 4(a) of chapter 123 of the 1997 Session Laws of
Kansas on the bank commissioner fee fund is hereby decreased from $3,684,553 to
$3,604,322.

    Sec. 18.

STATE HISTORICAL SOCIETY
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $24,860


    (b) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1998, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:


EDIF--friends of the free state capitol grant fund $100,000


Provided, That no expenditures shall be made from the EDIF--friends of the free state
capitol grant fund until a valid purchase agreement that provides for the purchase of the
buildings located at 427-431 South Kansas Avenue in Topeka, KS, has been entered into:
Provided further, That the expenditures from this fund for the purchase of the buildings
located at 427-431 South Kansas Avenue in Topeka, KS, shall not exceed $70,000: And
provided further, That the expenditures from this fund for purposes related to structural
stabilization of the buildings located at 427-431 South Kansas Avenue in Topeka, KS, shall
not be less than $30,000: And provided further, That the buildings located at 427-431 South
Kansas Avenue in Topeka, KS, are not and shall not be considered historic sites under the
control of the state historical society: And provided further, That no expenditures shall be
made from this fund until the state historical society has entered into a signed agreement
with the entity receiving the grant which provides that no additional state funding will be
sought for the buildings at 427-431 South Kansas Avenue in Topeka, KS, for a period of at
least five years.

    (c) On the effective date of this act, or as soon thereafter as moneys are available, the
director of accounts and reports shall transfer $100,000 from the Kansas economic devel-
opment endowment account of the state economic development initiatives fund of the de-
partment of commerce and housing to the EDIF--friends of the free state capitol grant
fund of the state historical society.

    Sec. 19.

BOARD OF NURSING
    (a) On the effective date of this act, the expenditure limitation established for the fiscal
year ending June 30, 1998, by section 14(a) of chapter 123 of the 1997 Session Laws of
Kansas on the board of nursing fee fund is hereby increased from $994,300 to $1,019,300.

    Sec. 20.

STATE BOARD OF PHARMACY
    (a) On the effective date of this act, the expenditure limitation established for the fiscal
year ending June 30, 1998, by section 16(a) of chapter 123 of the 1997 Session Laws of
Kansas on the state board of pharmacy fee fund is hereby increased from $463,017 to
$475,967: Provided, That the state board of pharmacy shall begin planning for the inspection
of oxygen distributors as may be required under federal law.

    Sec. 21.

KANSAS, INC.
    (a) On the effective date of this act, the expenditure limitation established by section
52(b) of chapter 123 of the 1997 Session Laws of Kansas on the EDIF fund is hereby
increased from $224,996 to $264,996.

    (b) On the effective date of this act, the director of accounts and reports shall transfer
$45,787 from the Kansas economic development endowment account of the state economic
development initiatives fund of the department of commerce and housing to the EDIF fund
of Kansas, Inc.

    Sec. 22.

BEHAVIORAL SCIENCES REGULATORY BOARD
    (a) On the effective date of this act, the expenditure limitation established for the fiscal
year ending June 30, 1998, by section 6(a) of chapter 123 of the 1997 Session Laws of
Kansas on the behavioral sciences regulatory board fee fund is hereby increased from
$363,342 to $380,342.

    Sec. 23.

KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM
    (a) On the effective date of this act, the expenditure limitation established by section
40(b) of chapter 123 of the 1997 Session Laws of Kansas on the expenditures for agency
operations from the Kansas public employees retirement fund is hereby reduced from
$4,604,989 to $4,602,665.

    (b) On the effective date of this act, the expenditure limitation established by section
40(b) of chapter 123 of the 1997 Session Laws of Kansas on the expenditures for investment
related expenses from the Kansas public employees retirement fund is hereby increased
from $20,151,757 to $22,212,030.

    Sec. 24.

KANSAS DENTAL BOARD
    (a) On the effective date of this act, the expenditure limitation established for the fiscal
year ending June 30, 1998, by section 10(a) of chapter 123 of the 1997 Session Laws of
Kansas on the dental board fee fund is hereby increased from $194,248 to $225,848.

    Sec. 25.

DEPARTMENT OF REVENUE
    (a) On the effective date of this act, the expenditure limitation established by section
2(c) of chapter 192 of the 1997 Session Laws of Kansas on the division on vehicles operating
fund is hereby increased from $28,864,978 to $29,152,237.

    (b) On the effective date of this act, the expenditure limitation established by section
2(d) of chapter 192 of the 1997 Session Laws of Kansas on the salaries and wages account
of the division of vehicles operating fund is hereby decreased from $16,780,470 to
$16,210,433.

    (c) On the effective date of this act, the expenditure limitation established by section
48(b) of chapter 123 of the 1997 Session Laws of Kansas on the state bingo regulation fund
is hereby increased from $366,786 to $466,044.

    (d) On the effective date of this act, the expenditure limitation established by section
48(b) of chapter 123 of the 1997 Session Laws of Kansas on the cigarette/tobacco products
regulation fund is hereby increased from $60,000 to No limit.

    (e) In addition to purposes for which expenditures may be made by the above agency
from the operating expenditures account of the state general fund for the fiscal year ending
June 30, 1998, as authorized by section 48(a) of chapter 123 of the 1997 Session Laws of
Kansas, expenditures may be made by the above agency from the operating expenditures
account of the state general fund for fiscal year 1998 for official hospitality: Provided, That
expenditures for such purpose from the operating expenditures account of the state general
fund for fiscal year 1998 shall not exceed $1,500.

    (f) In addition to purposes for which expenditures may be made by the above agency
from the special training fund, established pursuant to K.S.A. 79-1478a and amendments
thereto, for the fiscal year ending June 30, 1998, as authorized by section 48(b) of chapter
123 of the 1997 Session Laws of Kansas, expenditures may be made by the above agency
from the special training fund for the fiscal year 1998 for operating expenditures, including
official hospitality, incurred for conferences, training seminars, workshops and examinations:
Provided, That the secretary of revenue is hereby authorized to fix, charge and collect fees
for conferences, training seminars, workshops and examinations sponsored or cosponsored
by the department of revenue: Provided further, That such fees shall be fixed in order to
recover all or part of the operating expenditures incurred for such conferences, training
seminars, workshops and examinations or for qualifying applicants for such conferences,
training seminars, workshops and examinations: And provided further, That all fees received
for conferences, training seminars, workshops, and examinations shall be deposited in the
state treasury and credited to the special training fund.

    Sec. 26.

STATE BOARD OF INDIGENTS' DEFENSE SERVICES
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $994,396


    Sec. 27.

HEALTH CARE STABILIZATION FUND BOARD OF GOVERNORS
    (a) On the effective date of this act, the expenditure limitation established by section
35(b) of chapter 123 of the 1997 Session Laws of Kansas on the operating expenditures
account of the health care stabilization fund is hereby decreased from $833,019 to $828,295.

    (b) In addition to purposes for which expenditures may be made by the above agency
from the operating expenditures account of the health care stabilization fund for the fiscal
year ending June 30, 1998, as authorized by section 35(b) of chapter 123 of the 1997 Session
Laws of Kansas, expenditures may be made by the above agency from the operating ex-
penditures account of the health care stabilization fund for fiscal year 1998 for official
hospitality: Provided, That expenditures for such purpose from the operating expenditures
account of the health care stabilization fund for fiscal year 1998 shall not exceed $300.

    Sec. 28.

CITIZENS' UTILITY RATEPAYER BOARD
    (a) On the effective date of this act, the position limitation established by section 46 of
chapter 123 of the 1997 Session Laws of Kansas for the citizens' utility ratepayer board is
hereby increased from 2.0 to 3.0.

    Sec. 29.

DEPARTMENT OF HUMAN RESOURCES
    (a) There is appropriated for the above agency from the state general fund the following:


Welfare to work grant--state match $3,334,200


    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Welfare to work grant--federal fund No limit


    (c) On the effective date of this act, the expenditure limitation established by section
56(b) of chapter 123 of the 1997 Session Laws of Kansas on the occupational health and
safety--federal fund is hereby increased from $368,731 to $393,000.

    (d) On the effective date of this act, the expenditure limitation established by section
56(b) of chapter 123 of the 1997 Session Laws of Kansas on the occupational information
system--federal fund is hereby increased from $106,236 to $169,789.

    Sec. 30.

DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES
    (a) There is appropriated for the above agency from the state general fund the following:


Community based services $1,953,313

Other medical assistance $1,071,291

Youth services aid and assistance $8,916,632

Cash Assistance $9,715,382


    (b) On the effective date of this act, of the $89,919,499 appropriated for the above
agency by section 61(a) of chapter 123 of the 1997 Session Laws of Kansas from the state
general fund in the state operations account, the sum of $8,342,979 is hereby lapsed.

    (c) On the effective date of this act, of the $7,770,743 appropriated for the above agency
for the fiscal year ending June 30, 1998, by section 61(a) of chapter 123 of the 1997 Session
Laws of Kansas from the state general fund in the adult care homes account, the sum of
$633,914 is hereby lapsed.

    (d) On the effective date of this act, of the $2,553,058 appropriated for the above agency
for the fiscal year ending June 30, 1998, by section 61(a) of chapter 123 of the 1997 Session
Laws of Kansas from the state general fund in the vocational rehabilitation aid and assistance
account, the sum of $146,177 is hereby lapsed.

    (e) On the effective date of this act, of the $3,819,106 appropriated for the above agency
for the fiscal year ending June 30, 1998, by section 28(g) of chapter 192 of the 1997 Session
Laws of Kansas from the state general fund in the SB 140 implementation account, the sum
of $613,106 is hereby lapsed.

    (f) On the effective date of this act, of the $4,895,705 appropriated for the above agency
for the fiscal year ending June 30, 1998, by section 61(a) of chapter 123 of the 1997 Session
Laws of Kansas from the state general fund in the alcohol and drug abuse services grants
account, the sum of $675,542 is hereby lapsed.

    (g) On the effective date of this act, of the $164,588,114 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 61(a) of chapter 123 of the 1997
Session Laws of Kansas from the state general fund in the mental health and retardation
services aid and assistance and state institutions operations account, the sum of $2,445,979
is hereby lapsed.

    (h) On the effective date of this act, the $160,556 appropriated for the above agency
for the fiscal year ending June 30, 1998, by section 61(a) of chapter 123 of the 1997 Session
Laws of Kansas from the state general fund in the adult services aid and assistance account,
is hereby lapsed.

    (i) On the effective date of this act, the expenditure limitation established by section
28(k) of chapter 192 of the 1997 Session Laws of Kansas on the social welfare fund is hereby
increased from $47,499,992 to $59,402,687.

    (j) On the effective date of this act, the expenditure limitation established by section
61(b) of chapter 123 of the 1997 Session Laws of Kansas on the social services block grant--
federal fund is hereby increased from $23,170,260 to $33,170,260.

    (k) On the effective date of this act, the director of accounts and reports shall transfer
$10,000,000 from the temporary assistance to needy families federal fund to the social
services block grant--federal fund.

    (l) On the effective date of this act, the expenditure limitation established by section
28(c) of chapter 192 of the 1997 Session Laws of Kansas on the state operations account of
the social services clearing fund is hereby increased from $237,262,031 to $242,359,423.

    (m) On the effective date of this act, the expenditure limitation established by section
61(b) of chapter 123 of the 1997 Session Laws of Kansas on the Kansas neurological insti-
tute--foster grandparents program--federal fund is hereby increased from $217,621 to
$270,000.

    (n) On the effective date of this act, the expenditure limitation established by section
61(b) of chapter 123 of the 1997 Session Laws of Kansas on the Rainbow mental health
facility fee fund is hereby increased from $96,665 to $116,665.

    Sec. 31.

DEPARTMENT ON AGING
    (a) There is appropriated for the above agency from the state general fund the following:


Administration $4,812,236

Program grants $3,693,362


    (b) On the effective date of this act, of the $115,409,383 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 59(a) of chapter 123 of the 1997
Session Laws of Kansas from the state general fund in the long term care account, the sum
of $3,570,528 is lapsed.

    (c) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


General fees fund No limit


Provided, That the secretary of aging is hereby authorized to fix, charge and collect fees for
searching, copying and transmitting copies of public records, fees to be paid by employees
for personal long distance calls, postage, faxed messages, copies and other authorized uses
of state property, and fees for other miscellaneous purposes: Provided further, That all
moneys received from such fees or from the sale of surplus property shall be deposited in
the state treasury and credited to the general fees fund: And provided further, That ex-
penditures shall be made from this fund to meet the obligations of the department on aging
or to benefit and meet the mission of the department on aging.


Medical resources and collection fund No limit


Provided, That all moneys received or collected by the secretary of aging due to medicaid
overpayments shall be deposited in the state treasury and credited to the medical resources
and collection fund: Provided further, That all expenditures from this fund shall be made
for medicaid program-related expenses and used to reduce expenditures from the state
general fund for the medicaid program: And provided further, That all moneys received or
collected by the secretary of aging due to civil penalty assessments against adult care homes
shall be deposited in the state treasury and credited to this fund and expenditures shall be
made to protect the health or property of adult care home residents as required by federal
law.

    Sec. 32.

DEPARTMENT OF REVENUE--HOMESTEAD PROPERTY TAX REFUNDS
    (a) On the effective date of this act, of the $12,000,000 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 55(a) of chapter 123 of the 1997
Session Laws of Kansas from the state general fund in the homestead tax refunds account,
the sum of $3,259,937 is hereby lapsed.

    Sec. 33.

KANSAS COMMISSION ON VETERANS AFFAIRS
    (a) On the effective date of this act, the expenditure limitation established by section
57(b) of chapter 123 of the 1997 Session Laws of Kansas on the Kansas commission on
veterans affairs fund is hereby increased from $82,000 to $86,762.

    (b) On the effective date of this act, the expenditure limitation established by section
57(b) of chapter 123 of the 1997 Session Laws of Kansas on the soldiers' home fee fund is
hereby decreased from $3,379,876 to $3,367,320.

    (c) On the effective date of this act, any unencumbered balance in each of the following
accounts of the state institutions building fund is hereby lapsed: Fuel contamination
clean-up.

    (d) On the effective date of this act, of the amount of the unencumbered balance in the
water contamination clean-up account of the state institutions building fund appropriated
for the above agency for the fiscal year ending June 30, 1998, by section 60 of chapter 192
of the 1997 Session Laws of Kansas, the sum of $15,572 is hereby lapsed.

    Sec. 34.

KANSAS STATE UNIVERSITY VETERINARY MEDICAL CENTER
    (a) On the effective date of this act, the expenditure limitation established by section
74(b) of chapter 123 of the 1997 Session Laws of Kansas on the general fees fund is hereby
increased from $4,610,221 to $4,615,500.

    Sec. 35.

KANSAS STATE UNIVERSITY
    (a) On the effective date of this act, the expenditure limitation established by section
72(b) of chapter 123 of the 1997 Session Laws of Kansas on the interest on endowment
fund is hereby increased from $75,000 to $154,683.

    Sec. 36.

WICHITA STATE UNIVERSITY
    (a) On or after the effective date of this act and notwithstanding the provisions of section
16(f) of chapter 272 of the 1996 Session Laws of Kansas, upon a finding by the director of
the budget that Wichita state university realized an increase in receipts to the general fees
fund in the summer 1996 session, fall 1996 semester or spring 1997 semester above the
comparable periods in the preceding year, which increase in receipts resulted from increases
in enrollment, changes in resident and nonresident student mix, or the imposition of a more
restrictive tuition waiver policy, the director of the budget shall certify such amount of
increased receipts to the director of accounts and reports. Upon receipt of such certification,
the director of accounts and reports shall transfer the amount certified from the general
fees fund of Wichita state university to the tuition accountability fund of Wichita state
university.

    (b) There is appropriated for the above agency from the state general fund the following:


Operating expenditures (including official hospitality) $222,186


    Sec. 37.

UNIVERSITY OF KANSAS MEDICAL CENTER
    (a) On the effective date of this act, the expenditure limitation established by section
78(b) of chapter 123 of the 1997 Session Laws of Kansas on the medical scholarship and
loan repayment fund is hereby increased from $1,584,528 to $2,334,377.

    Sec. 38.

EMPORIA STATE UNIVERSITY
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures (including official hospitality) $51,393


    (b) On the effective date of this act, the expenditure limitation established by section
75(b) of chapter 123 of the 1997 Session Laws of Kansas on the general fees fund is hereby
decreased from $7,981,106 to $7,929,713.

    Sec. 39.

FORT HAYS STATE UNIVERSITY
    (a) On the effective date of this act, of the $26,363,893 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 71(a) of chapter 123 of the 1997
Session Laws of Kansas from the state general fund in the operating expenditures (including
official hospitality) account, the sum of $170,027 is hereby lapsed.

    (b) On the effective date of this act, the expenditure limitation established by section
21(c) of chapter 192 of the 1997 Session Laws of Kansas on the general fees fund is hereby
increased from $7,677,731 to $7,779,177.

    Sec. 40.

PITTSBURG STATE UNIVERSITY
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures (including official hospitality) $115,674


    (b) On the effective date of this act, the expenditure limitation established by section
22(c) of chapter 192 of the 1997 Session Laws of Kansas on the general fees fund is hereby
decreased from $9,909,269 to $9,793,595.

    Sec. 41.

KANSAS ARTS COMMISSION
    (a) On the effective date of this act, the expenditure limitation established by section
66(b) of chapter 123 of the 1997 Session Laws of Kansas on the state operations from the
Kansas arts commission gifts, grants and bequests fund is hereby increased from $134,152
to $172,539.

    Sec. 42.

JUVENILE JUSTICE AUTHORITY
    (a) In addition to purposes for which expenditures may be made by the above agency
from the operating expenditures account of the state general fund for the fiscal year ending
June 30, 1998, as authorized by section 39(a) of chapter 192 of the 1997 Session Laws of
Kansas, expenditures may be made by the above agency from the operating expenditures
account of the state general fund for fiscal year 1998 for official hospitality: Provided, That
expenditures for such purpose from the operating expenditures account of the state general
fund for fiscal year 1998 shall not exceed $1,000.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Larned juvenile correctional facility fee fund No limit


    Sec. 43.

STATE FIRE MARSHAL
    (a) On the effective date of this act, the expenditure limitation established by section
83(a) of chapter 123 of the 1997 Session Laws of Kansas on the fire marshal fee fund is
hereby decreased from $2,257,241 to $2,236,734.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Gifts, grants and donations fund $45,000


    Sec. 44.

OMBUDSMAN OF CORRECTIONS
    (a) There is appropriated for the above agency from the state general fund the following:


Adult corrections oversight $2,356


    Sec. 45.

KANSAS PAROLE BOARD
    (a) There is appropriated for the above agency from the state general fund the following:


Parole from adult correctional institutions $2,931


    Sec. 46.

ATTORNEY GENERAL--KANSAS BUREAU OF INVESTIGATION
    (a) On the effective date of this act, the expenditure limitation established by section
86(b) of chapter 123 of the 1997 Session Laws of Kansas on the KBI general fees fund is
hereby increased from $1,264,139 to No limit.

    Sec. 47.

KANSAS SENTENCING COMMISSION
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $27,926

State matching funds $89,367


    Sec. 48.

KANSAS DEPARTMENT OF AGRICULTURE
    (a) On the effective date of this act, the expenditure limitation established by section
96(b) of chapter 123 of the 1997 Session Laws of Kansas on the water appropriation certi-
fication fund is hereby decreased from $366,799 to $365,775.

    (b) On the effective date of this act, the expenditure limitation established by section
96(b) of chapter 123 of the 1997 Session Laws of Kansas on the water plan special revenue
fund is hereby increased from $975,056 to $1,151,988.

    (c) On the effective date of this act, the expenditure limitation established by section
96(b) of chapter 123 of the 1997 Session Laws of Kansas on the pesticide use fee fund is
hereby decreased from $477,539 to $416,010.

    (d) On the effective date of this act, the expenditure limitation established by section
3(a) of chapter 192 of the 1997 Session Laws of Kansas on the warehouse fee fund is hereby
increased from $410,105 to $475,898.

    (e) On the effective date of this act, the position limitation established by section 3(b)
of chapter 192 of the 1997 Session Laws of Kansas for the Kansas department of agriculture
is hereby decreased from 316.8 to 316.0.

    (f) On the effective date of this act, the expenditure limitation established by section
96(b) of chapter 123 of the 1997 Session Laws of Kansas on the fertilizer fee fund is hereby
increased from $476,282 to $526,282.

    Sec. 49.

KANSAS WHEAT COMMISSION
    (a) On the effective date of this act, the expenditure limitation established by section
100(a) of chapter 123 of the 1997 Session Laws of Kansas on the Kansas wheat commission
fund is hereby decreased from $2,586,004 to $2,574,308.

    Sec. 50.

STATE FAIR BOARD
    (a) There is appropriated for the above agency from the state general fund the following:


Storm damage--horse barn razing $23,000


    (b) During fiscal year ending June 30, 1998, the state fair board is hereby authorized
to make expenditures to raze the horse barn, building number 5, at the state fairgrounds in
Hutchinson, Kansas.

    (c) On the effective date of this act, the $115,000 appropriated for the above agency
for the fiscal year ending June 30, 1998, by section 99(a) of chapter 123 of the 1997 Session
Laws of Kansas from the state general fund in the operating expenditures account, is hereby
lapsed.

    (d) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


EDIF--operating expenditures fund $115,000


Provided, That expenditures from the EDIF--operating expenditures fund for official hos-
pitality shall not exceed $2,000.

    (e) On the effective date of this act, or as soon thereafter as moneys are available, the
director of accounts and reports shall transfer $115,000 from the Kansas economic devel-
opment endowment account of the state economic development initiatives fund of the de-
partment of commerce and housing to the EDIF--operating expenditures fund of the state
fair board.

    Sec. 51.

STATE CONSERVATION COMMISSION
    (a) On June 30, 1998, the director of accounts and reports shall transfer the amount
equal to the aggregate of the unencumbered balances as of June 30, 1998, in all accounts
of the water plan special revenue fund of the state conservation commission, which are
lapsed on June 30, 1998, by section 101(d) of chapter 123 of the 1997 Session Laws of
Kansas, from the water plan special revenue fund of the state conservation commission to
the state water plan fund of the Kansas water office.

    Sec. 52.

DEPARTMENT OF HEALTH AND ENVIRONMENT
    (a) On the effective date of this act, the expenditure limitation established by section
58(b) of chapter 123 of the 1997 Session Laws of Kansas on the air quality fee fund is hereby
increased from $3,723,926 to $4,089,544.

    (b) On the effective date of this act, the expenditure limitation established by section
58(b) of chapter 123 of the 1997 Session Laws of Kansas on the mined-land conservation
and reclamation fee fund is hereby increased from $90,347 to $101,529.

    (c) On the effective date of this act, the expenditure limitation established by section
58(b) of chapter 123 of the 1997 Session Laws of Kansas on the insurance statistical plan
fund is hereby increased from $298,057 to $329,385.

    (d) On the effective date of this act, the expenditure limitation established by section
58(b) of chapter 123 of the 1997 Session Laws of Kansas on the solid waste management
fund is hereby increased from $5,387,791 to $5,760,975.

    (e) On the effective date of this act, the expenditure limitation established by section
58(b) of chapter 123 of the 1997 Session Laws of Kansas on the public water supply fee
fund is hereby increased from $207,426 to $246,508.

    (f) On the effective date of this act, the expenditure limitation established by section
58(b) of chapter 123 of the 1997 Session Laws of Kansas on the waste tire management
fund is hereby increased from $1,201,433 to $1,253,309.

    (g) On the effective date of this act, the expenditure limitation established by section
58(b) of chapter 123 of the 1997 Session Laws of Kansas on the aboveground petroleum
storage tank release trust fund is hereby increased from $1,417,686 to $1,433,117.

    (h) On the effective date of this act, the expenditure limitation established by section
58(b) of chapter 123 of the 1997 Session Laws of Kansas on the underground petroleum
storage tank release fund is hereby increased from $19,996,713 to $20,233,041.

    (i) On the effective date of this act, the expenditure limitation established by section
58(b) of chapter 123 of the 1997 Session Laws of Kansas on the drycleaning facility release
trust fund is hereby increased from $1,310,254 to $1,327,447.

    (j) There is appropriated for the above agency from the state general fund the following:


AIDS medication shortfall $235,000

Year 2000 computer repair $1,106,158


    (k) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Child care facilities licensure fund $1,000,000


    (l) On and after the effective date of this act, all expenditures from the aid to local units
account or the AIDS medication shortfall account of the state general fund shall be subject
to the condition that each individual who is currently on AIDS drug assistance shall continue
to receive AIDS drug assistance and shall not be denied such AIDS drug assistance: Pro-
vided, further, That the secretary of health and environment shall administer all such ex-
penditures so that such condition is fully complied with by the recipients of moneys in the
aid to local units account or the AIDS medication shortfall account of the state general
fund.

    Sec. 53.

ADJUTANT GENERAL
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $45,800


    Sec. 54.

INSURANCE DEPARTMENT
    (a) In addition to the purposes for which expenditures may be made by the above agency
from the senior health insurance counseling for Kansans fund for the fiscal year ending June
30, 1998, as authorized by section 19(a) of chapter 151 of the 1997 Session laws of Kansas,
expenditures may be made by the above agency from the senior health insurance counseling
for Kansans fund for official hospitality: Provided, That expenditures from the senior health
insurance counseling for Kansans fund for fiscal year 1998 for official hospitality shall not
exceed $750.

    Sec. 55.

KANSAS LOTTERY
    (a) On the effective date of this act, the position limitation established by section 54(a)
of chapter 123 of the 1997 Session Laws of Kansas for the Kansas lottery is hereby decreased
from 95.0 to 89.0.

    (b) On the effective date of this act, the expenditure limitation established by section
49(a) of chapter 123 of the 1997 Session Laws of Kansas on the expenditures from the
lottery operating fund is hereby decreased from $8,171,243 to $8,059,908.

    Sec. 56.

KANSAS RACING AND GAMING COMMISSION
    (a) On the effective date of this act, the position limitation established by section 54 of
chapter 123 of the 1997 Session Laws of Kansas for the Kansas racing and gaming com-
mission--state racing operations is hereby increased from 39.0 to 42.0.

    (b) On the effective date of this act, the position limitation established by section 54(a)
of chapter 123 of the 1997 Session Laws of Kansas for the Kansas racing and gaming
commission--state gaming agency is hereby increased from 13.0 to 17.0.

    Sec. 57.

JUDICIAL BRANCH
    (a) In addition to the other purposes for which expenditures may be made by the above
agency from the permanent families account of the family and children investment fund for
the fiscal year ending June 30, 1998, as authorized by section 56(b) of chapter 192 of the
1997 Session Laws of Kansas, expenditures may be made by the above agency from the
permanent families account of the family and children investment fund for fiscal year 1998
for compensation, subsistence allowances, mileage and other expenses for legislative mem-
bers of the permanent families account advisory committee as provided in K.S.A. 75-3223
and amendments thereto.

    Sec. 58.

STATE BOARD OF TAX APPEALS
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $31,118


    (b) On the effective date of this act, the expenditure limitation imposed by section 47(a)
of chapter 123 of the 1997 Session Laws of Kansas on the expenditures from the reappro-
priated balance in the operating expenditures account of the state general fund is hereby
increased from $215,153 to $248,965.

    Sec. 59. (a) On the effective date of this act, the director of accounts and reports shall
transfer the following amounts from the federal grant contracts clearing fund to the funds
specified therefor: (1) The sum of $200,000 to the state general fund, (2) the sum of $300,000
to the Kansas educational building fund, and (3) the sum of $100,000 to the state institutions
building fund.

    (b) Upon completion of the transfers prescribed by this section, the federal grant con-
tracts clearing fund is hereby abolished.

    Sec. 60.

DEPARTMENT OF TRANSPORTATION
    (a) On the effective date of this act, the position limitation established by section 42(a)
of chapter 192 of the 1997 Session Laws of Kansas for the above agency is hereby decreased
from 3,139.5 to 3,129.5.

    (b) On the effective date of this act, the expenditure limitation established by section
105(b) of chapter 123 of the 1997 Session Laws of Kansas on the expenditures for the above
agency from the agency operations account of the state highway fund is hereby decreased
from $194,558,963 to $194,307,525.

    Sec. 61.

DEPARTMENT OF COMMERCE AND HOUSING
    (a) In accordance with the provisions of section 51(d) of chapter 123 of the 1997 Session
Laws of Kansas and the provisions of this section, the secretary of commerce and housing
shall disburse the grant to the Mid-America world trade center located in Wichita, Kansas,
from the Kansas economic development endowment account of the state economic devel-
opment initiatives fund in the amount of $50,000: Provided, That such grant shall be dis-
bursed with only the requirement that an annual report of activities of the Mid-America
world trade center shall be provided to the joint committee on economic development prior
to the commencement of the 1999 regular session of the legislature: Provided further, That
such grant shall be disbursed directly to the Mid-America world trade center without any
additional requirements or further procedures.

    Sec. 62.

ATTORNEY GENERAL
    (a) On the effective date of this act, of the $3,219,655 appropriated for the above agency
for the fiscal year ending June 30, 1998, by section 31(a) of chapter 123 of the 1997 Session
Laws of Kansas from the state general fund in the operating expenditures account, the sum
of $200,000 is hereby lapsed.

    Sec. 63.

ABSTRACTERS' BOARD OF EXAMINERS
    (a) On July 1, 1998, the expenditure limitation established for the fiscal year ending
June 30, 1999, by section 2(a) of chapter 123 of the 1997 Session Laws of Kansas on the
abstracters' fee fund is hereby increased from $19,013 to $19,119.

    Sec. 64.

BOARD OF ACCOUNTANCY
    (a) On July 1, 1998, the expenditure limitation established for the fiscal year ending
June 30, 1999, by section 3(a) of chapter 123 of the 1997 Session Laws of Kansas on the
board of accountancy fee fund is hereby increased from $177,584 to $178,964.

    Sec. 65.

STATE BANK COMMISSIONER
    (a) On July 1, 1998, the expenditure limitation established for the fiscal year ending
June 30, 1999, by section 4(a) of chapter 123 of the 1997 Session Laws of Kansas on the
bank commissioner fee fund is hereby decreased from $3,842,198 to $3,803,313.

    (b) On July 1, 1998, the position limitation established for the fiscal year ending June
30, 1999, by section 22 of chapter 123 of the 1997 Session Laws of Kansas for the state
bank commissioner is hereby decreased from 72.0 to 70.0.

    Sec. 66.

KANSAS BOARD OF BARBERING
    (a) On July 1, 1998, the expenditure limitation established for the fiscal year ending
June 30, 1999, by section 5(a) of chapter 123 of the 1997 Session Laws of Kansas on the
barber examiner fee fund is hereby increased from $105,736 to $106,371.

    Sec. 67.

BEHAVIORAL SCIENCES REGULATORY BOARD
    (a) On July 1, 1998, the expenditure limitation established for the fiscal year ending
June 30, 1999, by section 6(a) of chapter 123 of the 1997 Session Laws of Kansas on the
behavioral sciences regulatory board fee fund is hereby increased from $371,612 to
$374,780.

    Sec. 68.

STATE BOARD OF HEALING ARTS
    (a) On July 1, 1998, the expenditure limitation established for the fiscal year ending
June 30, 1999, by section 41(b) of chapter 192 of the 1997 Session Laws of Kansas on the
healing arts fee fund is hereby increased from $1,671,279 to $1,679,884.

    Sec. 69.

KANSAS STATE BOARD OF COSMETOLOGY
    (a) On July 1, 1998, the expenditure limitation established for the fiscal year ending
June 30, 1999, by section 8(a) of chapter 123 of the 1997 Session Laws of Kansas on the
cosmetology fee fund is hereby increased from $493,822 to $498,100.

    Sec. 70.

STATE DEPARTMENT OF CREDIT UNIONS
    (a) On July 1, 1998, the expenditure limitation established for the fiscal year ending
June 30, 1999, by section 9(a) of chapter 123 of the 1997 Session Laws of Kansas on the
credit union fee fund is hereby increased from $768,491 to $777,140.

    Sec. 71.

KANSAS DENTAL BOARD
    (a) On July 1, 1998, the expenditure limitation established for the fiscal year ending
June 30, 1999, by section 10(a) of chapter 123 of the 1997 Session Laws of Kansas on the
dental board fee fund is hereby increased from $195,495 to $219,707.

    Sec. 72.

STATE BOARD OF MORTUARY ARTS
    (a) On July 1, 1998, the expenditure limitation established for the fiscal year ending
June 30, 1999, by section 11(a) of chapter 123 of the 1997 Session Laws of Kansas on the
mortuary arts fee fund is hereby increased from $186,409 to $188,566.

    Sec. 73.

KANSAS BOARD OF EXAMINERS IN FITTING
AND DISPENSING OF HEARING AIDS
    (a) On July 1, 1998, the expenditure limitation established for the fiscal year ending
June 30, 1999, by section 12(a) of chapter 123 of the 1997 Session Laws of Kansas on the
hearing aid board fee fund is hereby increased from $14,428 to $14,499.

    Sec. 74.

CONSUMER CREDIT COMMISSIONER
    (a) On July 1, 1998, the expenditure limitation established for the fiscal year ending
June 30, 1999, by section 13(a) of chapter 123 of the 1997 Session Laws of Kansas on the
consumer credit fee fund is hereby increased from $398,566 to $405,411.

    Sec. 75.

BOARD OF NURSING
    (a) On July 1, 1998, the expenditure limitation established for the fiscal year ending
June 30, 1999, by section 14(a) of chapter 123 of the 1997 Session Laws of Kansas on the
board of nursing fee fund is hereby increased from $986,191 to $1,171,391.

    Sec. 76.

BOARD OF EXAMINERS IN OPTOMETRY
    (a) On July 1, 1998, the expenditure limitation established for the fiscal year ending
June 30, 1999, by section 15(a) of chapter 123 of the 1997 Session Laws of Kansas on the
optometry fee fund is hereby increased from $82,686 to $83,020.

    Sec. 77.

STATE BOARD OF PHARMACY
    (a) On July 1, 1998, the expenditure limitation established for the fiscal year ending
June 30, 1999, by section 16(a) of chapter 123 of the 1997 Session Laws of Kansas on the
state board of pharmacy fee fund is hereby increased from $474,077 to $492,276: Provided,
That the state board of pharmacy shall begin planning for the inspection of oxygen distrib-
utors as may be required under federal law.

    Sec. 78.

REAL ESTATE APPRAISAL BOARD
    (a) On July 1, 1998, the expenditure limitation established for the fiscal year ending
June 30, 1999, by section 17(a) of chapter 123 of the 1997 Session Laws of Kansas on the
appraiser fee fund is hereby increased from $172,490 to $174,693.

    Sec. 79.

KANSAS REAL ESTATE COMMISSION
    (a) On July 1, 1998, the expenditure limitation established for the fiscal year ending
June 30, 1999, by section 18(a) of chapter 123 of the 1997 Session Laws of Kansas on the
real estate fee fund is hereby increased from $614,525 to $620,926.

    Sec. 80.

OFFICE OF THE SECURITIES COMMISSIONER OF KANSAS
    (a) On July 1, 1998, the expenditure limitation established for the fiscal year ending
June 30, 1999, by section 32(d) of chapter 192 of the 1997 Session Laws of Kansas on the
securities act fee fund is hereby increased from $1,745,254 to $1,798,564.

    Sec. 81.

STATE BOARD OF TECHNICAL PROFESSIONS
    (a) On July 1, 1998, the expenditure limitation established for the fiscal year ending
June 30, 1999, by section 34(c) of chapter 192 of the 1997 Session Laws of Kansas on the
technical professions fee fund is hereby increased from $464,303 to $469,318.

    Sec. 82.

STATE BOARD OF VETERINARY EXAMINERS
    (a) On July 1, 1998, the expenditure limitation established for the fiscal year ending
June 30, 1999, by section 21(a) of chapter 123 of the 1997 Session Laws of Kansas on the
veterinary examiners fee fund is hereby increased from $221,612 to $244,153.

    (b) On July 1, 1998, the position limitation established for the fiscal year ending June
30, 1999, by section 22 of chapter 123 of the 1997 Session Laws of Kansas for the state
board of veterinary examiners is hereby increased from 2.0 to 3.0.

    Sec. 83. Kansas savings incentive program. (a) In addition to other expenditures au-
thorized by law, expenditures may be made for fiscal year 1999 from any account of the
state general fund reappropriated by this or any other appropriation act of the 1998 regular
session of the legislature for fiscal year 1999 for any state agency named in section 22 of
chapter 123 of the 1997 Session Laws of Kansas for the following purposes: (1) Salary bonus
payments to permanent full-time or regular part-time employees of the state agency at the
discretion of the agency head, (2) purchase or other acquisition of technology equipment
which was included in the budget estimates for fiscal year 1999 submitted by the state agency
pursuant to K.S.A. 75-3717 and amendments thereto, and (3) professional development
training including official hospitality: Provided, however, That the total of all such expend-
itures from such account of the state general fund for fiscal year 1999 shall not exceed the
amount equal to 50% of the amount of the unencumbered balance as of the June 30, 1998;
in such account of the state general fund that is reappropriated for fiscal year 1999 and that
is in excess of the amount authorized to be expended for fiscal year 1999 from such reap-
propriated balance, as determined by the director of accounts and reports: Provided further,
That the total gross amount of any such salary bonus payments to any individual employee
during fiscal year 1999 that are paid under subsection (b) or this subsection shall not exceed
$1,000: And provided further, That the provisions of this subsection shall apply only to that
portion of any such account from which expenditures may be made for state operations:
And provided further, That all such expenditures from the reappropriated balance in any
such account for fiscal year 1999 shall be in addition to any expenditure limitation imposed
on expenditures from the reappropriated balance in any such account for fiscal year 1999.

    (b) In addition to other expenditures authorized by law, expenditures may be made for
fiscal year 1999 from any special revenue fund appropriated by this or any other appropri-
ation act of the 1998 regular session of the legislature for fiscal year 1999 for a state agency
named in section 22 of chapter 123 of the 1997 Session Laws of Kansas for the following
purposes: (1) Salary bonus payments to permanent full-time or regular part-time employees
of the state agency at the discretion of the agency head, (2) purchase or other acquisition
of technology equipment which was included in the budget estimates for fiscal year 1999
submitted by the state agency pursuant to K.S.A. 75-3717 and amendments thereto, and (3)
professional development training including official hospitality: Provided, That all such ex-
penditures from such fund for fiscal year 1999 shall be in addition to any expenditure
limitation imposed on such fund or any account thereof for fiscal year 1999: Provided,
however, That the total amount of such expenditures from such fund for fiscal year 1999
shall not exceed the amount equal to 50% of the unexpended portion of the amount au-
thorized to be expended from such fund for fiscal year 1998 for state operations, as deter-
mined by the director of accounts and reports, or, in the case of no limit appropriations, as
determined by the director of the budget: Provided further, That the total gross amount of
any such salary bonus payments to any individual employee during fiscal year 1999 that are
paid under subsection (a) or this subsection shall not exceed $1,000: And provided further,
That the provisions of this subsection shall apply only to: (1) That portion of the moneys in
each account of a special revenue fund from which portion expenditures may be made for
state operations, and (2) that portion of the moneys in a special revenue fund, that does not
have any such accounts specified in this or other appropriation act, from which portion
expenditures may be made for state operations.

    (c) (1) Any unencumbered balance in excess of $100 as of June 30, 1998, in any account
of any special revenue fund of any state agency named in section 22 of chapter 123 of the
1997 Session Laws of Kansas, which was appropriated by section 110 of chapter 123 of the
1997 Session Laws of Kansas and which is not otherwise specifically appropriated or limited
by this or other appropriation act of the 1998 regular session of the legislature, is hereby
appropriated for the fiscal year ending June 30, 1999, and may be expended for fiscal year
1999 for the purposes authorized in subsections (a) and (b). All expenditures from any such
account of any such special revenue fund shall be in addition to any expenditure limitation
imposed on such special revenue fund for fiscal year 1999.

    (2) On July 1, 1998, each Kansas quality management account and each KQM expend-
iture account of the state general fund and each Kansas quality management account and
each KQM expenditure account of any special revenue fund reappropriated by this subsec-
tion (c) are hereby redesignated as Kansas savings incentive accounts.

    (d) No salary bonus payment paid pursuant to this section during fiscal year 1999 shall
be compensation, within the meaning of K.S.A. 74-4901 et seq., and amendments thereto,
for any purpose under the Kansas public employees retirement system and shall not be
subject to deductions for employee contributions thereunder. Each salary bonus payment
paid under this section shall be a bonus, as defined by 29 C.F.R. 778, and shall be in addition
to the regular earnings which that employee may be entitled or for which the employee may
become eligible.

    Sec. 84.

LEGISLATIVE COORDINATING COUNCIL
    (a) There is appropriated for the above agency from the state general fund the following:


Legislative coordinating council--operations $558,063


Provided, That any unencumbered balance in the legislative coordinating council--opera-
tions account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year
1999.


Legislative research department--operations $2,271,567


Provided, That any unencumbered balance in the legislative research department--opera-
tions account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year
1999.


Office of revisor of statutes--operations $2,053,047


Provided, That any unencumbered balance in the office of revisor of statutes--operations
account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999.

    Sec. 85.

LEGISLATURE
    (a) There is appropriated for the above agency from the state general fund the following:


Operations (including official hospitality) $13,725,565


Provided, That any unencumbered balance in the operations (including official hospitality)
account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999:
Provided further, That expenditures may be made from this account, pursuant to vouchers
approved by the chairperson or vice-chairperson of the legislative coordinating council, to
pay compensation and travel expenses and subsistence expenses or allowances as authorized
by K.S.A. 75-3212 and amendments thereto for members and associate members of the
advisory committee to the Kansas commission on interstate cooperation established under
K.S.A. 46-407a and amendments thereto for attendance at meetings of the advisory com-
mittee which are authorized by the legislative coordinating council, except that (1) the
legislative coordinating council may establish restrictions or limitations, or both, on travel
expenses, subsistence expenses or allowances, or any combination thereof, paid to members
and associate members of such advisory committee, and (2) any person who is an associate
member of such advisory committee, by reason of such person having been accredited by
the national conference of commissioners on uniform state laws as a life member of that
organization, shall receive the same travel expenses and subsistence expenses for attendance
at meetings of the advisory committee as a regular member, but shall receive no per diem
compensation: And provided further, That expenditures may be made from this account for
services, facilities and supplies provided for legislators in addition to those provided under
the approved budget and for related copying, facsimile transmission and other services
provided to persons other than legislators, in accordance with policies and any restrictions
or limitations prescribed by the legislative coordinating council.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures shall not exceed the following:


Legislative special revenue fund No limit


Provided, That expenditures may be made from the legislative special revenue fund, pur-
suant to vouchers approved by the chairperson or the vice-chairperson of the legislative
coordinating council, to pay compensation and travel expenses and subsistence expenses or
allowances as authorized by K.S.A. 75-3212 and amendments thereto for members and
associate members of the advisory committee to the Kansas commission on interstate co-
operation established under K.S.A. 46-407a and amendments thereto for attendance at
meetings of the advisory committee which are authorized by the legislative coordinating
council, except that (1) the legislative coordinating council may establish restrictions or
limitations, or both, on travel expenses, subsistence expenses or allowances, or any combi-
nation thereof, paid to members and associate members of such advisory committee, and
(2) any person who is an associate member of such advisory committee, by reason of such
person having been accredited by the national conference of commissioners on uniform
state laws as a life member of that organization, shall receive the same travel expenses and
subsistence expenses for attendance at meetings of the advisory committee as a regular
member, but shall receive no per diem compensation: Provided further, That expenditures
may be made from this fund for services, facilities and supplies provided for legislators in
addition to those provided under the approved budget and for related copying, facsimile
transmission and other services provided to persons other than legislators, in accordance
with policies and any restrictions or limitations prescribed by the legislative coordinating
council: And provided further, That amounts are hereby authorized to be collected for such
services, facilities and supplies in accordance with policies of the council: And provided
further, That such amounts shall be fixed in order to recover all or part of the expenses
incurred for providing such services, facilities and supplies and shall be consistent with
policies and fees established in accordance with K.S.A. 46-1207a and amendments thereto:
And provided further, That all such amounts received shall be deposited in the state treasury
to the credit of the legislative special revenue fund.

    (c) In addition to the other purposes for which expenditures may be made by the above
agency from the moneys appropriated from the state general fund or in the legislative special
revenue fund for fiscal year 1999 by this or other appropriation act of the 1998 regular
session of the legislature, expenditures shall be made by the above agency from the moneys
appropriated from the state general fund or in the legislative special revenue fund for fiscal
year 1999 for the SRS transition oversight committee which was established by K.S.A. 1997
Supp. 46-2701, which is composed of 12 members and which is hereby specifically continued
in existence for fiscal year 1999, notwithstanding any provisions of K.S.A. 1997 Supp. 46-
2701 to the contrary, in accordance with this subsection: Provided, That the terms of office
of all members of the SRS transition oversight committee serving on June 30, 1998, are
hereby continued until January 11, 1999, and the terms of office of the chairperson and the
vice-chairperson serving in such offices on June 30, 1998, are hereby continued until January
11, 1999: Provided further, That, on or after January 11, 1999, (1) three members of the
house of representatives who are members of the committee on appropriations, two who
are members of the majority party and one who is a member of the minority party, shall be
appointed by the chairperson of the committee on appropriations as members of the SRS
transition oversight committee for terms ending on June 30, 1999, (2) three members of
the senate who are members of the committee on ways and means, two who are members
of the majority party and one who is a member of the minority party, shall be appointed by
the chairperson of the committee on ways and means as members of the SRS transition
oversight committee for terms ending on June 30, 1999, (3) three members of the house of
representatives who are members of the committee on health and human services, two who
are members of the majority party and one who is a member of the minority party, shall be
appointed by the speaker of the house of representatives as members of the SRS transition
oversight committee for terms ending on June 30, 1999, and (4) three members of the
senate who are members of the committee on public health and welfare, two who are
members of the majority party and one who is a member of the minority party, shall be
appointed by the president of the senate as members of the SRS transition oversight com-
mittee for terms ending on June 30, 1999: And provided further, That for the period from
January 11, 1999, through June 30, 1999, the chairperson of the SRS transition oversight
committee shall be a senator appointed by the chairperson of the committee on ways and
means and the vice-chairperson of the SRS transition oversight committee shall be a rep-
resentative who is appointed by the chairperson of the committee on appropriations: And
provided further, That if a vacancy occurs in the office of any member of the SRS transition
oversight committee, a successor shall be appointed in the same manner as the original
appointment: And provided further, That the SRS transition oversight committee shall meet
on call of the chairperson and all such meetings shall be held in Topeka unless authorized
to be held in a different place by the legislative coordinating council: And provided further,
That members of the SRS transition oversight 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: And provided further,
That the SRS transition oversight committee shall have the following duties:

    (1) The SRS transition oversight committee shall monitor implementation of the trans-
fer of long-term care programs from the secretary of social and rehabilitation services to
the secretary of aging; the committee shall specifically examine transfer cost neutrality and
the need for additional funding to finance transition costs; the oversight committee shall
ensure that the transfer of the long-term care programs does not lead to a loss of services
by consumers;

    (2) the SRS transition oversight committee (A) shall monitor, review and make rec-
ommendations relating to privatization efforts at the state hospitals, the closure of hospital
beds, the downsizing of staff, the closure of Topeka state hospital and Winfield state hospital
and training center, the funding of community services and the availability of adequate
community services, and (B) shall monitor and review preparation of the evaluation of the
hospital closure process which emphasizes how the process might be improved if additional
closure efforts are necessary in future years;

    (3) the SRS transition oversight committee shall monitor, review and make recommen-
dations relating to (A) privatization of children and youth service programs of the depart-
ment of social and rehabilitation services including family preservation, foster care, adoption
and child support collection programs, (B) privatization of any other programs of the de-
partment of social and rehabilitation services, and (C) privatization of any programs of the
department on aging;

    (4) the SRS transition oversight committee shall monitor, review and make recommen-
dations relating to federal social welfare reform laws and the regulations and policies im-
plementing such laws and the activities of the department of social and rehabilitation services
relating to federal laws, regulations and policies;

    (5) the SRS transition oversight committee shall:

    (A) Prepare an interim report on findings and recommendations which shall be provided
to the legislature on or before the first day of the regular session of the legislature in 1999;

    (B) prepare a final report on findings and recommendations which shall be provided to
the legislative coordinating council on or before June 30, 1999; and

    (C) prepare an additional interim report relating to how the closure process could be
improved, including recommendations for improvements in the closure process should clo-
sure of similar institutions occur in future years, to be presented separately on or before
the first day of the regular session of the legislature in 1999, and to prepare an additional
final report on such issues to be presented separately to the legislative coordinating council
on or before June 30, 1999: And provided further, That the SRS transition oversight com-
mittee is hereby abolished on June 30, 1999.

    Sec. 86.

DIVISION OF POST AUDIT
    (a) There is appropriated for the above agency from the state general fund the following:


Operations (including legislative post audit committee) $1,492,450


Provided, That any unencumbered balance in the operations (including legislative post audit
committee) account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal
year 1999.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures shall not exceed the following:


Audit services fund No limit


Provided, That the division of post audit is hereby authorized to fix, charge and collect fees
for copies of public records of the division, including distribution of such copies: Provided
further, That such fees shall be fixed to recover all or part of the expenses incurred for
reproducing and distributing such copies and shall be consistent with policies and fees
established in accordance with K.S.A. 46-1207a and amendments thereto: And provided
further, That all moneys received for such fees shall be deposited in the state treasury to
the credit of the audit services fund: And provided further, That all moneys received by the
division of post audit during fiscal year 1999 from the department of social and rehabilitation
services under the contract entered into by the post auditor and the secretary of social and
rehabilitation services pursuant to section 71(a) of chapter 292 of the 1993 Session Laws of
Kansas to reimburse all or part of the operating services incurred by the division of post
audit for the performance audit related to a settlement agreement regarding Sheila A., et
al. v. Joan Finney, et al., Case No. 89-CV-33, Shawnee County District Court, shall be
credited to the audit services fund.


Conversion of materials and equipment fund No limit

State agency audits fund No limit


    Sec. 87.

GOVERNOR'S DEPARTMENT
    (a) There is appropriated for the above agency from the state general fund the following:


Governor's department $1,804,157


Provided, That any unencumbered balance in the governor's department account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided further,
That expenditures may be made from this account for contingencies without limitation at
the discretion of the governor.

    (b) Expenditures may be made by the above agency for travel expenses of the governor's
spouse when accompanying the governor or when representing the governor on official state
business, for travel and subsistence expenditures for security personnel when traveling with
the governor and for entertainment of officials and other persons as guests from the amount
appropriated for the fiscal year ending June 30, 1999, by subsection (a) from the state general
fund in the governor's department account.

    (c) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures shall not exceed the following:


Conversion of materials and equipment fund No limit


    Sec. 88.

LIEUTENANT GOVERNOR
    (a) There is appropriated for the above agency from the state general fund the following:


Operations $100,556


Provided, That any unencumbered balance in the operations account in excess of $100 as
of June 30, 1998, is hereby reappropriated for fiscal year 1999.

    (b) Expenditures may be made by the above agency for travel expenses of the lieutenant
governor's spouse when accompanying the lieutenant governor on official state business and
for travel and subsistence expenditures for security personnel when traveling with the lieu-
tenant governor on official state business from the amount appropriated by subsection (a)
from the state general fund for the fiscal year ending June 30, 1999, in the operations
account.

    (c) Expenditures may be made by the above agency for official hospitality from the
amount appropriated by subsection (a) from the state general fund for the fiscal year ending
June 30, 1999, in the operations account, except that such expenditures shall not exceed
$2,000.

    Sec. 89.

ATTORNEY GENERAL
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $3,366,433


Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided further,
That expenditures from this account for official hospitality shall not exceed $600: And pro-
vided further, That expenditures may be made from this account to reimburse the depart-
ment of administration for the services or to pay the salary and benefits of an architect for
the purpose of providing ongoing technical consultation to the attorney general in overseeing
enforcement of the architectural accessibility standards act, K.S.A. 58-1301 et seq. and
amendments thereto: And provided further, That the office of attorney general and the
department of administration are hereby authorized to enter into an agreement for the
provisions of such architectural services: And provided further, That the architect assigned
by the department of administration to provide such services to the attorney general shall
be considered an employee of the department of administration for all purposes, except that
the supervision of the duties of such architect may be governed by the agreement between
the attorney general and the department of administration.


Litigation costs $80,443


Provided, That any unencumbered balance in the litigation costs account in excess of $100
as of June 30, 1998, is hereby reappropriated for fiscal year 1999.


Additional operating expenditures for investigation and litigation regard-ing interstate water rights $938,423


Provided, That any unencumbered balance in excess of $100 as of June 30, 1998, in the
additional operating expenditures for investigation and litigation regarding interstate water
rights account is hereby reappropriated for fiscal year 1999.

Any unencumbered balance in excess of $100 as of June 30, 1998, in each of the following
accounts is hereby reappropriated for fiscal year 1999: Operating expenditures relating to
interstate water rights regarding the Republican river and its tributaries.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Court cost fund No limit

Bond transcript review fee fund No limit

Conversion of materials and equipment fund No limit

Attorney general's antitrust special revenue fund No limit

Private gifts fund No limit

Attorney general's antitrust suspense fund No limit

Attorney general's consumer protection clearing fund No limit

Attorney general's committee on crime prevention fee fund No limit


Provided, That expenditures may be made from the attorney general's committee on crime
prevention fee fund for operating expenditures directly or indirectly related to conducting
training seminars organized by the attorney general's committee on crime prevention, in-
cluding official hospitality: Provided further, That the attorney general is hereby authorized
to fix, charge and collect fees for conducting training seminars organized by the attorney
general's committee on crime prevention: And provided further, That such fees shall be
fixed in order to recover all or part of the direct and indirect operating expenses incurred
for conducting such seminars, including official hospitality: And provided further, That all
fees received for conducting such seminars shall be deposited in the state treasury and
credited to this fund.


Tort claims fund No limit

Work-study reimbursement fund No limit

Crime victims compensation fund No limit


Provided, That expenditures from the crime victims compensation fund for state operations
shall not exceed $247,362: Provided further, That any expenditures for payment of com-
pensation to crime victims are authorized to be made from this fund regardless of when the
claim was awarded.


Child exchange and visitation fund No limit

Federal preventive health and health services block grant fund No limit


Provided, That all expenditures from the federal preventive health and health services block
grant fund shall be to provide services to rape victims and for rape prevention in accordance
with a contract that is hereby authorized to be entered into between the secretary of health
and environment and the attorney general which may require not more than one report
from the attorney general on such expenditures for the entire fiscal year 1999.


Crime victims assistance fund No limit

Protection from abuse fund No limit

Drug free schools and communities fund No limit

Victims of crime act--federal fund No limit

Victims of crime assistance act--federal fund No limit

Family violence prevention and services fund--federal No limit

Violence against women grant fund No limit

Crime victims grants and gifts fund No limit


Provided, That all private grants and gifts received by the crime victims compensation board
shall be deposited to the credit of the crime victims grants and gifts fund.


Attorney general's medicaid fraud control fund No limit

Other federal grants and reimbursement fund No limit

Debt collection administration cost recovery fund No limit


Provided, That the attorney general shall deposit to the credit of the debt collection admin-
istration cost recovery fund all moneys remitted to the attorney general as administrative
costs under contracts entered into pursuant to K.S.A. 75-719 and amendments thereto:
Provided further, That the attorney general shall authorize the director of accounts and
reports to transfer $30,000 from this fund to the state general fund at such time as receipts
to this fund are sufficient to sustain expenditures for administering and monitoring such
contracts as well as to repay the state general fund for money advanced for such purpose:
And provided further, That, upon receipt of such authorization, the director of accounts
and reports shall transfer $30,000 from the debt collection administration cost recovery fund
to the state general fund.


Medicaid fraud reimbursement fund No limit

Medicaid fraud prosecution revolving fund No limit


Provided, That all moneys recovered by the medicaid fraud and abuse division of the attor-
ney general's office in the enforcement of state and federal law which are in excess of any
restitution for overcharges and interest, including all moneys recovered as recoupment of
expenses of investigation and prosecution, shall be deposited in the state treasury to the
credit of the medicaid fraud prosecution revolving fund: Provided further, That the attorney
general shall authorize the director of accounts and reports to transfer $29,082 from this
fund to the state general fund at such time as receipts to this fund are sufficient to meet
the federal matching requirement from nonfederal sources as well as to repay the state
general fund for money advanced for such purpose: And provided further, That, upon re-
ceipt of such authorization, the director of accounts and reports shall transfer $29,082 from
the medicaid fraud prosecution revolving fund to the state general fund: And provided
further, That the attorney general shall make a report during the 1999 regular session of
the legislature to the subcommittee of the house of representatives committee on appro-
priations and the subcommittee of the senate committee on ways and means that review
the above agency's budget on the amount of recouped money credited to the medicaid fraud
prosecution revolving fund and estimate of the money the agency has expended for medicaid
fraud control activities.


Interstate water litigation fund No limit


    (c) No moneys appropriated for the attorney general by this or other appropriation act
of the 1998 regular session of the legislature from the state general fund or any special
revenue fund for the fiscal year ending June 30, 1999, shall be expended for preparing or
publishing any book containing the opinions of the attorney general, or any summaries or
indexes of such opinions, or for preparing or publishing any other hardcopy printing, soft-
bound or hardbound, of such opinions, summaries or indexes.

    Sec. 90.

SECRETARY OF STATE
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $1,501,360


Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, and any unencumbered balance in the official hospitality account
in excess of $100 as of June 30, 1998, are hereby reappropriated to the operating expendi-
tures account for fiscal year 1999: Provided further, That expenditures from this account
for official hospitality shall not exceed $2,500.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures shall not exceed the following:


Cemetery and funeral audit fee fund No limit

Conversion of materials and equipment fund No limit

Information and copy service fee fund No limit

State register fee fund No limit

Uniform commercial code fee fund No limit

State flag and banner fund No limit

Secretary of state fee refund fund No limit

Electronic voting machine examination fund No limit

Suspense fund No limit

Prepaid services fund No limit

Athlete agent registration fee fund No limit

Franchise fee recovery fund No limit


    Sec. 91.

STATE TREASURER
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $1,743,432


Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided further,
That expenditures from this account for official hospitality shall not exceed $750.


Banking services $330,000


    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures shall not exceed the following:


Fiscal agency fund No limit

Bond services fee fund No limit

City bond finance fund No limit

Taylor grazing fees--federal fund No limit

Local ad valorem tax reduction fund No limit

County and city revenue sharing fund No limit

Suspense fund No limit

County and city retailers' sales tax fund No limit

County and city compensating use tax fund No limit

Local alcoholic liquor fund No limit

Local alcoholic liquor equalization fund No limit

Unclaimed property claims fund No limit

Unclaimed property expense fund No limit

Unclaimed mineral proceeds trust fund No limit

University of Kansas--student union annex--bond and interest sinkingfund No limit

University of Kansas--satellite student union bond and interest sinkingfund No limit

Road and schools--10 U.S.C. 2655 federal fund No limit

Racing admissions tax fund No limit

Rental motor vehicle excise tax fund No limit

Services reimbursement fund No limit

Municipal investment pool fund No limit

Municipal investment pool reserve fund No limit

Municipal investment pool fund fee fund No limit

Pooled money investment portfolio fee fund No limit


Provided, That on or before the fifth day of each month of the fiscal year ending June 30,
1999, the state treasurer shall certify to the pooled money investment board an accounting
of the banking fees incurred by the state treasurer during the second preceding month that
are attributable to the investment of the pooled money investment portfolio during such
month: Provided further, That prior to the 10th day of each month during the fiscal year
ending June 30, 1999, the pooled money investment board shall review the certification
from the state treasurer and shall make expenditures from the pooled money investment
portfolio fee fund to pay the amount of banking fees incurred by the state treasurer during
the second preceding month that are attributable to the investment of the pooled money
investment portfolio during the second preceding month, as determined by the pooled
money investment board: And provided further, That the aggregate of all expenditures for
banking fees from the pooled money investment portfolio fee fund during the fiscal year
ending June 30, 1999, shall not exceed the lesser of either (1) $100,000 or (2) the aggregate
amount of banking fees incurred by the state treasurer during the period from June 1, 1998,
through May 31, 1999, that are attributable to the investment of the pooled money invest-
ment portfolio during such period, as determined by the pooled money investment board.


Conversion of materials and equipment fund No limit

Tax increment financing revenue replacement fund No limit


    (c) On July 1, 1998, the director of accounts and reports shall transfer $113,327 from
the state highway fund of the department of transportation to the services reimbursement
fund of the state treasurer for the purpose of financing a portion of the costs associated with
the investment of the bond proceeds of the comprehensive highway program and related
operations of the state treasurer.





    Sec. 92.

INSURANCE DEPARTMENT
    (a) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Insurance department service regulation fund $6,504,003


Provided, That expenditures from the insurance department service regulation fund for
official hospitality shall not exceed $750: Provided further, That any transfers from this fund
to the insurance building principal and interest payment fund or the insurance department
rehabilitation and repair fund of the department of insurance shall be in addition to any
expenditure limitation imposed on this fund.


Insurance company examination fund No limit

Insurance company annual statement examination fund No limit

Insurance company examiner training fund No limit

Conversion of materials and equipment fund No limit

Commissioner's travel reimbursement fund No limit


Provided, That expenditures may be made from the commissioner's travel reimbursement
fund only to reimburse the commissioner of insurance, or any designated employee, for
expenses incurred for in-state or out-of-state travel for official purposes, including travel to
meetings of public or private associations: Provided further, That all moneys received by
the commissioner of insurance for such travel from any non-state agency source shall be
deposited in the state treasury to the credit of this fund.


Workers compensation fund No limit


Provided, That expenditures from the workers compensation fund for attorney fees and
other costs and benefit payments may be made regardless of when services were rendered
or when the initial award of benefits was made.


State firefighters relief fund No limit

Suspense fund No limit

Insurance company tax and fee refund fund No limit

Group-funded workers' compensation pools fee fund No limit

Municipal group-funded pools fee fund No limit

Uninsurable health insurance plan fund No limit

Senior health insurance counseling for Kansans fund No limit


Provided, That expenditures from the senior health insurance counseling for Kansans fund
for official hospitality shall not exceed $750.


Insurance education and training fund No limit


Provided, That expenditures may be made from the insurance education and training fund
for training programs and official hospitality: Provided further, That the insurance commis-
sioner is hereby authorized to fix, charge and collect fees for such training programs: And
provided further, That fees for such training programs shall be fixed in order to collect all
or part of the operating expenses incurred for such training programs, including official
hospitality: And provided further, That all fees received for such training programs shall be
deposited in the state treasury and credited to this fund.

    Sec. 93.

HEALTH CARE STABILIZATION FUND BOARD OF GOVERNORS
    (a) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Health care stabilization fund No limit


    (b) Expenditures from the health care stabilization fund other than refunds authorized
by law for the following specified purposes shall not exceed the limitations prescribed there-
for as follows:


Operating expenditures $858,687


Provided, That expenditures from the operating expenditures account for official hospitality
shall not exceed $300.


Fees--legal and professional services No limit


Provided, That expenditures from the fees--legal and professional services account for at-
torney fees and other professional service fees may be made regardless of when services
were rendered or when the judgment or settlement was made.


Claims and benefits No limit


Provided, That expenditures from the claims and benefits account for claim and benefit
payments may be made regardless of when services were rendered or when the judgment
or settlement was made.

    Sec. 94. Position limitations. The number of full-time and regular part-time positions
equated to full-time, excluding seasonal and temporary positions, paid from appropriations
for fiscal year 1999 made in this or other appropriation act of the 1998 regular session of
the legislature for the following agency or agencies shall not exceed the following, except
upon approval of the state finance council:


Attorney General 86.8

Secretary of State 55.0

State Treasurer 56.5

Insurance Department 161.5


Provided, That any attorney positions established in the insurance department for the pur-
pose of defense of the workers compensation fund shall be in addition to any limitation
imposed on the full-time and regular part-time equivalent number of positions, excluding
seasonal and temporary positions, paid from appropriations made for fiscal year 1999 for
the department of insurance.


Health Care Stabilization Fund Board of Governors 16.0


    Sec. 95.

JUDICIAL COUNCIL
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $246,903


Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall not exceed $4,785 except upon
approval of the state finance council: Provided further, That no expenditures shall be made
from this account for any study requested by one or more members of the legislature unless
the study request was submitted in writing to the legislative coordinating council and the
study request was approved by the legislative coordinating council prior to the study request
being submitted to the judicial council: And provided further, That such limitation shall not
apply to any study requested by a standing committee of either house of the legislature or
any legislative committee established by statute.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Grants and gifts fund No limit


Provided, That all private grants and gifts and federal grants received by the judicial council,
other than moneys received as grants, gifts or donations for the preparation, publication or
distribution of legal publications, shall be deposited to the credit of the grants and gifts
fund.


Publications fee fund No limit


Provided, That expenditures may be made from the publications fee fund for operating
expenditures related to preparation, publication and distribution of legal publications: Pro-
vided further, That the judicial council is hereby authorized to fix, charge and collect fees
for sale and distribution of legal publications in order to recover direct and indirect costs
incurred for preparation, publication and distribution of legal publications: And provided
further, That such fees may be fixed in order to recover all or part of such costs: And
provided further, That all moneys received from such fees shall be deposited in the state
treasury and credited to the publications fee fund: And provided further, That all moneys
received as gifts, grants or donations for the preparation, publication or distribution of legal
publications shall be deposited in the state treasury to the credit of the publications fee
fund.

    Sec. 96.

STATE BOARD OF INDIGENTS' DEFENSE SERVICES
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $11,908,942


Provided, That any unencumbered balance in excess of $100 as of June 30, 1998, in the
operating expenditures account is hereby reappropriated to the operating expenditures ac-
count for fiscal year 1999: Provided further, That any expenditures for indigents' defense
services are authorized to be made from the operating expenditures account regardless of
when services were rendered: And provided further, That expenditures may be made from
the operating expenditures account for negotiated contracts for malpractice insurance for
public defenders and deputy or assistant public defenders: And provided further, That all
contracts for malpractice insurance for public defenders and deputy or assistant public
defenders shall be negotiated and purchased by the state board of indigents' defense serv-
ices, shall not be subject to approval or purchase by the committee on surety bonds and
insurance under K.S.A. 75-4114 and 75-6111 and amendments thereto and shall not be
subject to the provisions of K.S.A. 75-3739 and amendments thereto.


Capital defense operations $1,273,319


Provided, That any unencumbered balance in excess of $100 as of June 30, 1998, in the
capital defense operations account is hereby reappropriated for fiscal year 1999.


Legal services for prisoners $480,220


Any unencumbered balance in excess of $100 as of June 30, 1998, in each of the following
accounts is hereby reappropriated for fiscal year 1999: Regional defense delivery system
expansion operations; agency enhancements.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Indigents' defense services fund No limit


Provided, That expenditures may be made from the indigents' defense services fund for the
purpose of assigned counsel and other professional services related to contract cases.


Inservice education workshop fee fund No limit


Provided, That expenditures may be made from the inservice education workshop fee fund
for operating expenditures, including official hospitality, incurred for inservice workshops
and conferences: Provided further, That the state board of indigents' defense services is
hereby authorized to fix, charge and collect fees for inservice workshops and conferences:
And provided further, That such fees shall be fixed in order to recover all or part of such
operating expenditures incurred for inservice workshops and conferences: And provided
further, That all fees received for inservice workshops and conferences shall be deposited
in the state treasury and credited to the inservice education workshop fee fund.

    Sec. 97. Position limitations. The number of full-time and regular part-time positions
equated to full-time, excluding seasonal and temporary positions, paid from appropriations
for fiscal year 1999 made in this or other appropriation act of the 1998 regular session of
the legislature for the following agency or agencies shall not exceed the following, except
upon approval of the state finance council:


Judicial Council 4.0


    Sec. 98.

JUDICIAL BRANCH
    (a) There is appropriated for the above agency from the state general fund the following:


Judiciary operations $74,057,667


Provided, That any unencumbered balance in the judiciary operations account in excess of
$100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall not exceed $360,143 except upon
approval of the state finance council: Provided further, That contracts for computer input
of judicial opinions under this appropriation shall be executed in the name of the supreme
court by the chief justice and may be interrelated with contracts for the comprehensive
legislative information system: And provided further, That all such contracts for computer
input of judicial opinions and all purchases thereunder shall not be subject to the provisions
of K.S.A. 75-3739 and amendments thereto: And provided further, That expenditures may
be made from the judicial operations account for contingencies without limitation at the
discretion of the chief justice: And provided further, That expenditures from the judicial
operations account for such contingencies shall not exceed $25,000: And provided further,
That expenditures from the judicial operations account for official hospitality shall not ex-
ceed $4,000: And provided further, That expenditures shall be made from the judicial op-
erations account for the travel expenses of panels of the court of appeals for travel to cities
across the state to hear appealed cases: And provided further, That the Kansas citizens
justice initiative should incorporate a consideration of the recommendations of the perform-
ance audit report by the legislative division of post audit entitled ``Reviewing the Kansas
Court System's Allocation of Staff Resources to the District Courts'' in its final report.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Library report fee fund No limit

Judiciary technology fund No limit


Provided, That no expenditures shall be made from the judiciary technology fund for a study
of automation needs in the district courts until the criminal justice coordinating council
receives and accepts a plan to define an integrated statewide criminal justice information
system.


Judicial branch gifts fund No limit

Dispute resolution fund No limit

Judicial branch education fund No limit

Conversion of materials and equipment fund No limit

Child welfare federal grant fund No limit

Duplicate law book fund No limit

Child support enforcement contractual agreement fund No limit

Bar admission fee fund No limit

Permanent families account--family and children investment fund No limit


Provided, That expenditures may be made from the permanent families account of the family
and children investment fund for compensation, subsistence allowances, mileage and other
expenses for legislative members of the permanent families account advisory committee as
provided by K.S.A. 75-3223 and amendments thereto.


Court reporter fund No limit

Access to justice fund No limit

CSE contract agreement fund No limit

Judicial technology and building and grounds fund No limit


Provided, That all expenditures from the judicial technology and building and grounds fund
shall be for the purposes of capital equipment and other acquisitions for technology im-
provements for the judicial branch and capital improvements for the judicial center building
and ground: Provided further, That all moneys received from any nonstate source for any
of the purposes for which expenditures may be made from this fund, which moneys are
hereby authorized to be requested for, received and accepted by the chief justice, shall be
deposited in the state treasury to the credit of this fund.

    (c) On June 30, 1999, the director of accounts and reports shall transfer any unencum-
bered balance in the judiciary operations account of the state general fund in an amount
not to exceed $100,000 from the judiciary operations account of the state general fund to
the judicial center technology and building and grounds fund.

    Sec. 99.

KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM
    (a) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Kansas public employees retirement fund No limit


Provided, That no expenditures may be made from the Kansas public employees retirement
fund other than for benefits, investments, refunds authorized by law, and other purposes
specifically authorized by this or other appropriation act.

    (b) Expenditures may be made from the Kansas public employees retirement fund for
the following specified purposes: Provided, however, That expenditures from the Kansas
public employees retirement fund for the following specified purposes shall not exceed the
limitations prescribed therefor as follows:


Agency operations $4,675,482


Provided, That expenditures from the agency operations account for official hospitality shall
not exceed $3,000: Provided further, That any expenditure from the agency operations
account of the Kansas public employees retirement fund to reimburse the audit services
fund of the division of legislative post audit for a financial-compliance audit in an amount
certified by the legislative post auditor shall be in addition to any expenditure limitation
imposed on the agency operations account of such fund for the fiscal year ending June 30,
1999.


Investment related expenses $23,164,887


Provided, That the following subaccounts of the investment related expenses account shall
be maintained for purposes of accounting for expenditures from the investment related
expenses account: Direct placement management fees, real estate management fees, pub-
licly traded securities management fees, direct placement investment program, custodial
bank fees and expenses, investment consultant fees, and investment related litigation ex-
penses: Provided further, That all expenditures from the investment related expenses ac-
count or any other account of this fund for payments to direct placement investment man-
agers pursuant to indemnity provisions of indemnification agreements between the board
of trustees of the Kansas public employees retirement system and direct placement invest-
ment managers shall be in addition to any expenditure limitation imposed on this fund or
any account thereof, except that no such indemnity provision shall provide indemnification
in an amount greater than 20% of the total value of the assets being managed by a direct
placement investment manager.

    (c) There is appropriated for the above agency from the state general fund the following:


Actuarial funding--3% postretirement benefit increase $28,342,761


Provided, That all expenditures from the actuarial funding--3% postretirement benefit in-
crease account shall be to finance the amount required to fund the actuarial liability of the
state obligation for the one-time postretirement benefit increase for persons who retired
prior to July 1, 1993, and for whom the state paid employer contributions (1) under the
Kansas public employees retirement system for those persons who were eligible for assis-
tance from the state board of regents in the purchase of annuities as provided in K.S.A. 74-
4925, and amendments thereto, (2) under the Kansas public employees retirement system
for those persons who were employed by eligible employers described by K.S.A. 74-4931,
and amendments thereto, and for whom employer contributions were paid as provided by
K.S.A. 74-4939, and amendments thereto, (3) under the Kansas police and firemen's re-
tirement system as provided by K.S.A. 74-4951 et seq., and amendments thereto, or (4)
under the retirement system for judges as provided by K.S.A. 20-2601 et seq., and amend-
ments thereto.

    Sec. 100.

KANSAS COMMISSION ON GOVERNMENTAL STANDARDS AND CONDUCT
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $351,781


Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Kansas commission on governmental standards and conduct fee fund $147,653


    Sec. 101.

KANSAS HUMAN RIGHTS COMMISSION
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $1,439,671


Provided, That any unencumbered balance in the operating expenditures account and in
the contract investigative services account in excess of $100 as of June 30, 1998, is hereby
reappropriated to the operating expenditures account for fiscal year 1999: Provided, how-
ever, That expenditures from this account for official hospitality shall not exceed $150:
Provided further, That expenditures for mediation services contracted with Kansas legal
services shall be made only upon certification by the executive director of the human rights
commission to the director of accounts and reports that private moneys are available to
match the expenditure of state moneys on a $1 of private moneys to $3 of state moneys
basis.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Federal fund No limit

Conversion of materials and equipment fund No limit

Annual banquet fund No limit


Provided, That expenditures may be made from the annual banquet fund for operating
expenditures for the commission's annual banquet, including official hospitality: Provided
further, That the executive director is hereby authorized to fix, charge and collect fees for
such banquet: And provided further, That such fees shall be fixed in order to recover all or
part of the operating expenses incurred for such banquet, including official hospitality: And
provided further, That all fees received for such banquet shall be credited to this fund.


Education and training fund No limit


Provided, That expenditures may be made from the education and training fund for oper-
ating expenditures for the commission's education and training programs for the general
public: Provided further, That the executive director is hereby authorized to fix, charge and
collect fees for such programs: And provided further, That such fees shall be fixed in order
to recover all or part of the operating expenses incurred for such training programs, including
official hospitality: And provided further, That all fees received for such programs shall be
credited to this fund.

    Sec. 102.

STATE CORPORATION COMMISSION
    (a) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Public service regulation fund No limit


Provided, That all transfers of money from the public service regulation fund to the utility
regulatory fee fund of the citizens' utility ratepayer board shall be in addition to any limi-
tation imposed on this fund.


Motor carrier license fees fund No limit

Conservation fee fund No limit


Provided, That any expenditure made from the conservation fee fund for plugging aban-
doned wells, cleanup of pollution from oil and gas activities and testing of wells shall be in
addition to any expenditure limitation imposed on this fund: Provided further, That ex-
penditures may be made from this fund for debt collection and set-off administration: And
provided further, That a percentage of the fees collected, not to exceed 27%, shall be
transferred to the department of administration accounting services recovery fund for serv-
ices rendered in collection efforts: And provided further, That all expenditures made from
the conservation fee fund for debt collection and set-off administration shall be in addition
to any expenditure limitation imposed on this fund: And provided further, That the state
corporation commission shall include as part of the fiscal year 2000 budget estimates for
the state corporation commission submitted pursuant to K.S.A. 75-3717, and amendments
thereto, a three-year projection of receipts to and expenditures from the conservation fee
fund for fiscal years 2000, 2001 and 2002.


Gas pipeline inspection fee fund No limit

Abandoned oil and gas well fund No limit

Gas pipeline safety program--federal fund No limit

Energy grants management fund No limit

Alternative fuels and transportation initiatives grant--federal fund No limit

Energy conservation plan--federal fund No limit

Underground injection control class II--federal fund No limit

Inservice education workshop fee fund No limit


Provided, That expenditures may be made from the inservice education workshop fee fund
for operating expenditures, including official hospitality, incurred for inservice workshops
and conferences conducted by the state corporation commission for staff and members of
the state corporation commission: Provided further, That the state corporation commission
is hereby authorized to fix, charge and collect fees for such inservice workshops and con-
ferences: And provided further, That such fees shall be fixed in order to recover all or part
of the operating expenditures incurred for conducting such inservice workshops and con-
ferences: And provided further, That all moneys received for such fees shall be deposited
in the state treasury and credited to this fund.


Base state registration clearing fund No limit

Suspense fund No limit

Data management system fund No limit


    (b) Expenditures for the fiscal year ending June 30, 1999, by the state corporation
commission from the public service regulation fund, the motor carrier license fees fund and
the conservation fee fund shall not exceed, in the aggregate, $12,745,569: Provided, That,
within such limitation on the aggregate of expenditures, expenditures made for fiscal year
1999 from the public service regulation fund, the motor carrier license fees fund and the
conservation fee fund for official hospitality shall not exceed, in the aggregate, $600.

    Sec. 103.

CITIZENS' UTILITY RATEPAYER BOARD
    (a) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Utility regulatory fee fund $439,190


Provided, That expenditures may be made by the citizens' utility ratepayer board from the
utility regulatory fee fund pursuant to contracts for professional services, which are hereby
authorized to be entered into by the board: Provided further, That such professional services
shall include but are not limited to the services of engineers, accountants, attorneys and
economists, to assist in carrying out the duties of the board, which assistance may include
preparation and presentation of expert testimony, when the expenses of such professional
services are required to be assessed under K.S.A. 66-1502 and amendments thereto against
the public utilities involved: And provided further, That such contracts shall be negotiated
by a negotiating committee composed of the following persons: The consumer counsel of
the citizens' utility ratepayer board or the consumer counsel's designee, the director of the
budget or that director's designee, the director of accounts and reports or that director's
designee, and the chairperson of the citizens' utility ratepayer board or the chairperson's
designee: And provided further, That the consumer counsel of the citizens' utility ratepayer
board or the consumer counsel's designee shall convene the negotiating committee for each
such contract and the negotiating committee shall consider all proposals by persons applying
to perform such contract and shall award the contract: And provided further, That such
contracts shall not be subject to the provisions of K.S.A. 75-3739 and amendments thereto
or to the provisions of the acts contained in article 58 of chapter 75 of the Kansas Statutes
Annotated.


Gifts and donations fund No limit


Provided, That all moneys received by the citizens' utility ratepayer board for gifts and
donations shall be deposited in the state treasury to the credit of the gifts and donations
fund.

    (b) On July 1, 1998, October 1, 1998, January 1, 1999, and April 1, 1999, or as soon
after each such date as moneys are available, and upon receipt of certification by the state
corporation commission of the amount to be transferred, the director of accounts and reports
shall transfer from the public service regulation fund of the state corporation commission
to the utility regulatory fee fund of the citizens' utility ratepayer board all moneys assessed
by the state corporation commission for the citizens' utility ratepayer board under K.S.A.
66-1502 or 66-1503 and amendments thereto and deposited in the state treasury to the
credit of the public service regulation fund.

    Sec. 104.

DEPARTMENT OF ADMINISTRATION
    (a) There is appropriated for the above agency from the state general fund the following:


General administration $1,179,118


Provided, That any unencumbered balance in the general administration account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures for such reappropriated balance shall not exceed $11,559 except upon
approval of the state finance council: Provided, further, That in addition to other positions
within the department of administration in the unclassified service as prescribed by law,
expenditures may be made from this account for two employees in the unclassified service
under the Kansas civil service act: And provided further, That expenditures from this ac-
count for official hospitality shall not exceed $1,000.


Accounting and reporting services $2,671,278


Provided, That any unencumbered balance in the accounting and reporting services account
in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided,
however, That expenditures from such reappropriated balance shall not exceed $13,886
except upon approval of the state finance council.


Budget analysis $1,305,161


Provided, That any unencumbered balance in the budget analysis account in excess of $100
as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however, That
expenditures from such reappropriated balance shall not exceed $34,739 except upon ap-
proval of the state finance council: Provided further, That expenditures from this account
for official hospitality shall not exceed $750.


Personnel services $3,089,554


Provided, That any unencumbered balance in the personnel services account in excess of
$100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall not exceed $27,907 except upon
approval of the state finance council: Provided further, That expenditures may be made
from the above account for a study of the implications of those sections of 1997 House Bill
No. 2064 which restrict unclassified personnel who has participated in making contracts on
behalf of the state from accepting a position with the contracting business as an employee,
contractor or subcontractor until two years after that entity's contract with the state is
completed or until two years after that individual ends state service, whichever is sooner:
And provided further, That the director of personnel services shall present the results of
the study, including characteristics of the employees effected and any recommendations for
statutory changes, to the 1999 legislature.


Purchasing $1,240,253


Provided, That any unencumbered balance in the purchasing account in excess of $100 as
of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however, That
expenditures from such reappropriated balance shall not exceed $7,273 except upon ap-
proval of the state finance council.


Architectural services and planning $1,269,759


Provided, That any unencumbered balance in the architectural services and planning ac-
count in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999:
Provided, however, That expenditures from such reappropriated balance shall not exceed
$35,557 except upon approval of the state finance council.


Facilities management $2,366,051


Provided, That any unencumbered balance in the facilities management account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall not exceed $8,287 except upon
approval of the state finance council: Provided further, That in addition to other positions
within the department of administration in the unclassified service as prescribed by law,
expenditures may be made from this account for one employee in the unclassified service
under the Kansas civil service act.


Insurance for state buildings $336,510


Provided, That any unencumbered balance in the insurance for state buildings account in
excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided,
however, That expenditures from such reappropriated balance shall not exceed $2,490 ex-
cept upon approval of the state finance council.


Department of administration systems $5,540,534


Provided, That any unencumbered balance in the department of administration systems
account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999:
Provided, however, That expenditures from such reappropriated balance shall not exceed
$14,347 except upon approval of the state finance council.


Public broadcasting council operating grants $1,695,977


Provided, That any unencumbered balance in the public broadcasting council operating
grants account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year
1999.


Public broadcasting capital equipment grants $250,000


Provided, That all expenditures from the public broadcasting capital equipment grants ac-
count shall be made to provide matching funds for federal capital equipment grants awarded
to eligible public broadcasting stations: Provided further, That expenditures from this ac-
count may be made to provide matching funds for capital equipment projects funded from
any non-state source in the event federal capital equipment grants are not awarded: And
provided further, That in the event the federal facility programs cease to exist or fail to
conduct grant solicitations, expenditures may be made from this account to provide match-
ing funds for capital equipment projects funded from any non-state source without first
applying for federal capital equipment grants: And provided further, That any unencum-
bered balance in the public broadcasting capital equipment grants account in excess of $100
as of June 30, 1998, is hereby reappropriated for fiscal year 1999.


Gubernatorial transition $100,000

Policy analysis initiatives $132,054


Provided, That any unencumbered balance in the policy analysis initiatives account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999.


Performance review board $260,237


Provided, That any unencumbered balance in the performance review board account in
excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided,
however, That expenditures for such reappropriated balance shall not exceed $37,161 except
upon approval of the state finance council.


Actuarial study $40,000


Any unencumbered balance in excess of $100 as of June 30, 1998, in each of the following
accounts is hereby reappropriated for fiscal year 1999: Year 2000 computer repair for state
agencies.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds or indirect cost recoveries authorized by
law shall not exceed the following:


Federal cash management fund No limit

Kansas performance review board fund No limit

Closure health insurance fund No limit

Closure term life insurance fund No limit

Retirement salary recapture fund No limit


Provided, That pursuant to policies and procedures prescribed by the secretary of admin-
istration, the director of accounts and reports shall transfer an amount equal to the amount
of reductions from state general fund accounts pursuant to subsection (d)(1) of K.S.A. 75-
6801 and amendments thereto to the retirement salary recapture fund: Provided further,
That if expenditure authority in any state general fund account or accounts is restored
pursuant to subsection (c)(1) of K.S.A. 75-6801 and amendments thereto and such amount
has been transferred to this fund, the director of accounts and reports, pursuant to policies
and procedures prescribed by the secretary of administration, shall transfer the amount of
the increase in such expenditure authority from the retirement salary recapture fund to the
appropriate accounts of the state general fund.


State leave payment reserve fund No limit

State budget stabilization fund $0

Building and ground fund No limit

General fees fund No limit


Provided, That expenditures may be made from the general fees fund for operating ex-
penditures for the division of personnel services, including training programs and official
hospitality: Provided further, That the director of personnel services is hereby authorized
to fix, charge and collect fees for such training programs: And provided further, That fees
for such training programs shall be fixed in order to recover all or part of the operating
expenses incurred for such training programs, including official hospitality: And provided
further, That all fees received for such training programs and all fees received under the
open records act for providing access to or furnishing copies of public records shall be
credited to this fund.


Budget fees fund No limit


Provided, That expenditures may be made from the budget fees fund for operating expend-
itures for the division of the budget, including training programs and official hospitality:
Provided further, That the director of the budget is hereby authorized to fix, charge and
collect fees for such training programs: And provided further, That fees for such training
programs shall be fixed in order to recover all or part of the operating expenses incurred
for such training programs, including official hospitality: And provided further, That all fees
received for such training programs and all fees received by the division of the budget under
the open records act for providing access to or furnishing copies of public records shall be
credited to this fund.


Purchasing fees fund No limit


Provided, That expenditures may be made from the purchasing fees fund for operating
expenditures of the division of purchases: Provided further, That the director of purchases
is hereby authorized to fix, charge and collect fees for operating expenditures incurred to
reproduce and disseminate purchasing information and for vendor applications and to ad-
minister state contracts: And provided further, That such fees shall be fixed in order to
recover all or part of such operating expenses: And provided further, That all moneys re-
ceived for such fees and all moneys received pursuant to the state travel services contract
shall be deposited in the state treasury to the credit of this fund.


Architectural services fee fund No limit


Provided, That expenditures may be made from the architectural services fee fund for
operating expenditures for distribution of architectural information: Provided further, That
the director of architectural services is hereby authorized to fix, charge and collect fees for
reproduction and distribution of architectural information: And provided further, That such
fees shall be fixed in order to recover all or part of the operating expenses incurred for
reproducing and distributing architectural information: And provided further, That all fees
received for such reproduction and distribution of architectural information shall be credited
to this fund.


Municipal accounting and training services recovery fund No limit


Provided, That expenditures may be made from the municipal accounting and training
services recovery fund to provide general ledger, payroll reporting, utilities billing, data
processing, and accounting services to municipalities and to provide training programs con-
ducted for municipal government personnel, including official hospitality: Provided further,
That the director of accounts and reports is hereby authorized to fix, charge and collect fees
for such services and programs: And provided further, That such fees shall be fixed in order
to recover all or part of the operating expenses incurred in providing such services and
programs, including official hospitality: And provided further, That all fees received for such
services and programs, including official hospitality, shall be credited to this fund.


Budget equipment conversion fund No limit

Conversion of materials and equipment fund No limit

Architectural services equipment conversion fund No limit

Property contingency fund No limit

Flood control emergency--federal fund No limit

Information technology fund No limit

Information technology reserve fund No limit

Computer services recovery fund No limit


Provided, That expenditures may be made from the computer services recovery fund to
provide central computer system development services, which shall be in addition to data
processing services provided under K.S.A. 75-4704 and amendments thereto to other state
agencies: Provided further, That the secretary of administration is hereby authorized, in
accordance with the procedures and guidelines prescribed by K.S.A. 75-4703 and amend-
ments thereto, to fix, charge and collect fees for such central computer system development
services to other state agencies: And provided further, That such fees shall be fixed in order
to recover all or part of the operating expenses incurred in providing such services: And
provided further, That all fees received for such services shall be credited to this fund: And
provided further, That all expenditures for the personnel/payroll project shall be made from
the personnel/payroll project program account of this fund: And provided further, That
amounts may be transferred into this account from any state general fund account or any
special revenue fund of the department of administration or any other state agency.


State buildings operating fund No limit

Accounting services recovery fund No limit


Provided, That expenditures may be made from the accounting services recovery fund for
the operating expenditures of the department of administration: Provided further, That the
secretary of administration is hereby authorized to fix, charge and collect fees for services
or sales provided by the department of administration which are not specifically authorized
by any other statute: And provided further, That all fees received for such services or sales
shall be credited to this fund.


Architectural services recovery fund $1,226,734


Provided, That expenditures may be made from the architectural services recovery fund for
operating expenditures for the division of architectural services: Provided further, That not-
withstanding the provisions of subsection (b) of K.S.A. 75-4403 and amendments thereto,
the director of architectural services may exchange an employee with the attorney general's
office to assist in the enforcement of K.S.A. 58-1301 et seq.: And provided further, That the
director of architectural services is hereby authorized to charge and collect fees for services
provided to other state agencies not directly related to the construction of a capital improve-
ment project: And provided further, That the director of architectural services is hereby
authorized to charge and collect (1) a fee equal to 1% of the estimated cost of each capital
improvement project for a state agency which is not financed, in whole or in part, by gifts,
bequests, or donations made by one or more private individuals or other private entities and
for which the division provides architectural, engineering or management services or, in the
case of any capital improvement project for a state agency which is partially financed by
gifts, bequests or donations made by one or more private individuals or other private entities,
a fee equal to 1% of the proportional amount of the estimated cost of such capital improve-
ment project which is not financed by gifts, bequests or donations made by one or more
private individuals or other private entities and for which the division provides architectural,
engineering or management services, and (2) an additional fee equal to 6% of the construc-
tion cost of each capital improvement project for which the division provides in-house
architectural and engineering design services: And provided further, That such services shall
be subject to the limitations of K.S.A. 75-1253 and amendments thereto: And provided
further, That all fees received for such services shall be credited to this fund.


Motor pool service fund $2,693,843


Provided, That expenditures from the motor pool service fund for motor vehicle registrations
shall be in addition to any expenditure limitation imposed on this fund.


Motor pool service depreciation reserve fund No limit

Kansas public employees retirement clearing fund No limit

Intragovernmental printing service fund No limit

Intragovernmental printing service depreciation reserve fund No limit

Central aircraft fund No limit


Provided, That expenditures may be made from the central aircraft fund to provide central
aircraft services to other state agencies and to purchase liability and property damage in-
surance for state aircraft: Provided further, That the secretary of administration is hereby
authorized to fix, charge and collect fees for central aircraft services to other state agencies:
And provided further, That such fees shall be fixed in order to recover all or part of the
operating expenses incurred in providing such services: And provided further, That all fees
received for such services shall be credited to this fund.


Canceled warrants payment fund No limit

Executive mansion gifts fund No limit

Veterans memorial fund No limit

State emergency fund No limit

Bid and contract deposit fund No limit

State workers compensation self-insurance fund No limit


Provided, That expenditures shall be made from the state workers compensation self-insur-
ance fund for a contract with the secretary of human resources to implement and administer
the state workplace health and safety program for state employees in accordance with K.S.A.
44-575 and amendments thereto, which contract is hereby authorized and directed to be
entered into between the secretary of administration and the secretary of human resources:
Provided further, That, pursuant to policies and procedures prescribed by the secretary of
administration, the director of accounts and reports shall transfer an amount certified pur-
suant to such contract by the secretary of administration from the state workers compen-
sation self-insurance fund of the department of administration to the state workplace health
and safety program fund of the department of human resources.


Health and hospitalization insurance clearing fund No limit


Provided, That no expenditures may be made from the health and hospitalization insurance
clearing fund for entering into any state employee health or hospitalization insurance con-
tract which provides for reimbursement, payment for or coverage of abortions or abor-
tion-related services, except that any such insurance contract may provide for reimburse-
ment, payment for or coverage of abortions or abortion-related services where the life of
the mother would be endangered if the fetus were carried to term, or to avert a serious risk
of substantial and irreversible impairment of a major bodily function, or where the preg-
nancy is the result of an act of rape or incest, or where medical complications have arisen
from an abortion.


Federal withholding tax clearing fund No limit

State gaming revenues fund No limit

Health insurance premium reserve fund No limit

Purchasing seminars clearing fund No limit


Provided, That expenditures may be made from the purchasing seminars clearing fund for
operating expenditures for training seminars conducted for government personnel, including
official hospitality: Provided further, That the director of purchasing is hereby authorized
to fix, charge and collect fees for such seminars: And provided further, That such fees shall
be fixed in order to recover all or part of the operating expenses incurred for such training
seminars, including official hospitality: And provided further, That all fees received for such
seminars shall be credited to this fund.


Excise tax refund clearing fund No limit

State withholding tax clearing fund No limit

Unemployment compensation tax clearing fund No limit

Construction defects recovery fund No limit

Preventive health care program fund No limit

Cafeteria benefits fund No limit


Provided, That expenditures from the cafeteria benefits fund for salaries and wages and
other operating expenditures shall not exceed $956,633.


Dependent care assistance program fund No limit

Conversion of materials and equipment--recycling program fund No limit

Employees faithful performance bond clearing fund No limit

Deferred compensation clearing fund No limit

Equipment lease purchase program administration clearing fund No limit

Suspense fund No limit

Series E savings bonds clearing fund No limit

Optional life insurance clearing fund No limit

Employee organization dues clearing fund No limit

United Way contributions clearing fund No limit

Setoff clearing fund No limit

Parking fees clearing fund No limit

Electronic funds transfer suspense fund No limit

State employee contribution clearing fund for OASDHI No limit

Intergovernmental cooperation agreement for development of statewidecost allocation plan clearing fund No limit

Medicare fund clearing account No limit

State leave payment reserve fund No limit

Ad Astra sculpture fund No limit

State capitol dome sculpture fund No limit


Provided, That, notwithstanding the provisions of K.S.A. 75-2249 and amendments thereto,
all expenditures from the state capitol dome sculpture fund shall be made in accordance
with appropriations acts upon warrants of the director of accounts and reports issued pur-
suant to vouchers approved by the secretary of administration, or the secretary's designee:
Provided further, That all moneys received by the department of administration in the form
of grants, gifts, contributions or bequests made for the purpose of financing the cost of
acquiring and placing atop the capitol the work of sculpture selected pursuant to statute
shall be deposited in the state treasury and credited to this fund and all such grants, gifts,
contributions or bequests are hereby authorized to be received by the department of ad-
ministration.


Topeka state hospital transition fund No limit

Administrative hearings office fund No limit

Public broadcasting equipment grants EDIF fund $200,000


Provided, That all expenditures from the public broadcasting equipment grants EDIF fund
shall be made to provide matching funds for federal capital equipment grants awarded to
eligible public broadcasting stations: Provided further, That expenditures from this fund
may be made to provide matching funds for capital equipment projects funded from any
nonstate source in the event federal capital equipment grants are not awarded: And provided
further, That in the event the federal facility programs cease to exist or fail to conduct grant
solicitations, expenditures may be made from this fund to provide matching funds for capital
equipment projects funded from any nonstate source without first applying for federal cap-
ital equipment grants.

    (c) On July 1, 1998, the director of architectural services shall certify to the director of
accounts and reports a listing of all identified capital improvement projects funded for fiscal
year 1999 which are subject to a fee payable to the director of architectural services for
crediting to the architectural services recovery fund, the accounts and funds in which moneys
are appropriated for fiscal year 1999 for such projects and the amount of all such fees payable
from such accounts and funds for fiscal year 1999 for such projects. Upon receipt of such
certification, the director of accounts and reports shall transfer from the appropriation ac-
counts for such projects to the architectural services recovery fund the amounts so certified.
For other capital improvement projects subject to such fees, the fees shall be paid on or
before the date the director of architectural services approves the plans for the project, as
a transaction between state agencies in accordance with subsection (b) of K.S.A. 75-5516
and amendments thereto.

    (d) On July 1, 1998, the director of accounts and reports shall transfer $210,000 from
the state highway fund to the state general fund for the purpose of reimbursing the state
general fund for the cost of providing purchasing services to the department of transpor-
tation.

    (e) During the fiscal year ending June 30, 1999, the secretary of administration is au-
thorized to approve refinancing of equipment being financed by state agencies through the
department's equipment financing program. Such project is approved for the purposes of
subsection (b) of K.S.A. 74-8905 and amendments thereto.

    (f) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer energy conservation savings of $157,825 from the state
buildings operating fund to the state general fund.

    (g) (1) In addition to the other purposes for which expenditures may be made by the
above agency from the closure term life insurance fund for the fiscal year ending June 30,
1999, as authorized by this or other appropriation act of the 1998 regular session of the
legislature, expenditures may be made by the above agency from closure term life insurance
fund for fiscal year 1999 for the following, which the secretary of administration is hereby
authorized to provide from the closure term life insurance fund:

    (A) The death benefits authorized by K.S.A. 75-4373 and amendments thereto on a self-
insured basis, for which the net amount of the death benefit shall be equal to 150% of the
annual rate of compensation of the covered state officer or employee, as of the date the
covered state officer or employee is laid off in accordance with K.S.A. 75-4373 and amend-
ments thereto; and

    (B) the costs of self-administering such death benefits or of contracting with a third
party for administration of such death benefits.

    (2) During the fiscal year ending June 30, 1999, upon request of the secretary of ad-
ministration, the director of accounts and reports shall make periodic transfers of moneys
during fiscal year 1999 in amounts specified by the secretary of administration from the
state hospital closure account of the state general fund of the department of social and
rehabilitation services to the closure term life insurance fund of the department of admin-
istration.

    (3) During the fiscal year ending June 30, 1999, upon certification by the secretary of
administration to the director of accounts and reports that the unencumbered balance in
the closure term life insurance fund is insufficient to pay an amount for which the closure
term life insurance fund is liable and that there are insufficient moneys in the state hospital
closure account of the state general fund of the department of social and rehabilitation
services to transfer pursuant to paragraph (2) of this subsection (h), the director of accounts
and reports shall transfer an amount equal to the insufficiency from the state general fund
to the closure term life insurance fund.

    (h) During the fiscal year ending June 30, 1999, the director of the office of adminis-
trative hearings of the department of administration shall prepare and submit to the sec-
retary of social and rehabilitation services a billing invoice each month in the amount equal
to 1/12 of $783,185, for administrative hearing services performed by the department of
administration for the department of social and rehabilitation services: Provided, That the
amount to be billed may be adjusted as provided in writing by mutual agreement between
the secretary of social and rehabilitation services and the secretary of administration: Pro-
vided further, That the amount specified in the monthly invoice shall be paid from the
appropriate fund or funds of the department of social and rehabilitation services into the
administrative hearings office fund of the department of administration.

    (i) On July 15, 1998, or as soon thereafter as moneys are available, the director of
accounts and reports shall transfer $200,000 from the Kansas economic development en-
dowment account of the state economic development initiatives fund of the department of
commerce and housing to the public broadcasting equipment grants EDIF fund of the
department of administration.

    (j) In addition to the purposes for which expenditures may be made by the above agency
for the fiscal year ending June 30, 1999, from any account or accounts of the state general
fund or any special revenue fund or funds or account or accounts thereof appropriated by
this or any other act of the 1998 legislature for the above agency for the fiscal year ending
June 30, 1999, expenditures shall be made for an actuarial study to ascertain the fiscal impact
and associated effects of requiring participation in the state health care benefits program
by all unified school districts: Provided, That any expenditures for such actuarial study from
any special revenue fund or funds or account or accounts thereof shall be in addition to any
expenditure limitation imposed on any special revenue fund or funds or account or accounts
thereof.

    Sec. 105 Position limitations. The number of full-time and regular part-time positions
equated to full-time, excluding seasonal and temporary positions, paid from appropriations
for the fiscal year ending June 30, 1999, made in this or other appropriation act of the 1998
regular session of the legislature for the following agency or agencies shall not exceed the
following, except upon approval of the state finance council:


Kansas Public Employees Retirement System 76.0

Kansas Commission on Governmental Standards and Conduct 9.0

Kansas Human Rights Commission 37.0

State Corporation Commission 212.0

Citizens' Utility Ratepayer Board 3.0

Department of Administration 855.9


    Sec. 106.

STATE BOARD OF TAX APPEALS
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $1,632,665


    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Duplicating fees fund No limit


    Sec. 107.

DEPARTMENT OF REVENUE
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $28,215,419


Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall not exceed $144,430 except upon
approval of the state finance council: Provided further, That expenditures from this account
for official hospitality shall not exceed $1,500.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Sand royalty fund No limit

Division of vehicles operating fund $30,374,330


Provided, That all receipts collected under authority of K.S.A. 74-2012 and amendments
thereto shall be credited to the division of vehicles operating fund: Provided further, That
expenditures from this fund for salaries and wages shall not exceed $16,914,375: And pro-
vided further, That any expenditure from the division of vehicles operating fund of the
department of revenue to reimburse the audit services fund of the division of post audit for
a financial-compliance audit in an amount certified by the legislative post auditor shall be
in addition to any expenditure limitation imposed on the division of vehicles operating fund
for the fiscal year ending June 30, 1999: And provided further, That expenditures shall be
made from this fund for the fiscal year ending June 30, 1999, for reprinting the driver's
license handbook in both Spanish and English.


Vehicle dealers and manufacturers fee fund No limit

Kansas qualified agricultural ethyl alcohol producer incentive fund No limit

Local report fee fund No limit

Military retirees income tax refund fund No limit

Conversion of materials and equipment fund No limit

Forfeited property fee fund No limit

Setoff services revenue fund No limit

Publications fee fund No limit

State bingo regulation fund $361,530

Child support enforcement contractual agreement fund No limit

County treasurers' vehicle licensing fee fund No limit

Reappraisal reimbursement fund No limit


Provided, That all moneys received for the costs incurred for conducting appraisals for any
county shall be deposited in the state treasury and credited to the reappraisal reimbursement
fund: Provided further, That expenditures may be made from this fund for the purpose of
conducting appraisals pursuant to orders of the board of tax appeals under K.S.A. 79-1479
and amendments thereto.


Special training fund No limit


Provided, That expenditures may be made from the special training fund for operating
expenditures, including official hospitality, incurred for conferences, training seminars,
workshops and examinations: Provided further, That the secretary of revenue is hereby
authorized to fix, charge and collect fees for conferences, training seminars, workshops and
examinations sponsored or cosponsored by the department of revenue: And provided fur-
ther, That such fees shall be fixed in order to recover all or part of the operating expenditures
incurred for such conferences, training seminars, workshops and examinations or for qual-
ifying applicants for such conferences, training seminars, workshops and examinations: And
provided further, That all fees received for conferences, training seminars, workshops and
examinations shall be deposited in the state treasury and credited to the special training
fund.


Recovery fund for enforcement actions and attorney fees No limit

Federal commercial motor vehicle safety fund No limit

Central stores fund No limit


Provided, That expenditures may be made from the central stores fund to operate and
maintain a central stores activity to sell supplies to other state agencies: Provided further,
That all moneys received for such supplies shall be deposited in the state treasury and
credited to this fund.


Microfilming fund No limit


Provided, That expenditures may be made from the microfilming fund to operate and main-
tain a microfilming activity to sell microfilming services to other state agencies: Provided
further, That all moneys received for such services shall be deposited in the state treasury
and credited to this fund.


Miscellaneous trust bonds fund No limit

Liquor excise tax guarantee bond fund No limit

Non-resident contractors cash bond fund No limit

Bond guaranty fund No limit

Interstate motor fuel user cash bond fund No limit

Motor fuel distributor cash bond fund No limit

County and city bingo tax fund No limit

Special county mineral production tax fund No limit

County drug tax fund No limit

Escheat proceeds suspense fund No limit

Privilege tax refund fund No limit

Suspense fund No limit

Cigarette tax refund fund No limit

Motor-vehicle fuel tax refund fund No limit

Cereal malt beverage tax refund fund No limit

Income tax refund fund No limit

Sales tax refund fund No limit

Compensating tax refund fund No limit

Alcoholic liquor tax refund fund No limit

Cigarette/tobacco products regulation fund No limit

Motor carrier tax refund fund No limit

Car company tax fund No limit

Protested motor carrier taxes fund No limit

Tobacco products refund fund No limit

Transient guest tax refund fund established by K.S.A. 12-1694a No limit

Interstate motor fuel taxes clearing fund No limit

Bingo refund fund No limit

Transient guest tax refund fund established by K.S.A. 12-16,100 No limit

Inheritance tax abatement refund fund No limit

Interstate motor fuel taxes refund fund No limit

Interfund clearing fund No limit

Local alcoholic liquor clearing fund No limit

International registration plan distribution clearing fund No limit

Rental motor vehicle excise tax refund fund No limit

International fuel tax agreement clearing fund No limit

Mineral production tax refund fund No limit

Special fuels tax refund fund No limit

LP-gas motor fuels refund fund No limit

Local alcoholic liquor refund fund No limit

Sales tax clearing fund No limit

Rental motor vehicle excise tax clearing fund No limit

VIPS/CAMA technology hardware fund No limit

County and city retailers sales tax clearing fund--county and city salestax No limit

City and county compensating use tax clearing fund No limit

County and city transient guest tax clearing fund No limit

Automated tax systems fund No limit

Dyed diesel fuel fee fund No limit

Electronic databases fee fund $2,350,000


Provided, That expenditures shall be made from the electronic databases fee fund to provide
for taxpayer assistance through upgrades, enhancements and refinements to the state ap-
praisal system.

    (c) On July 1, 1998, October 1, 1998, January 1, 1999, and April 1, 1999, the director
of accounts and reports shall transfer $7,400,000 from the state highway fund of the de-
partment of transportation to the division of vehicles operating fund of the department of
revenue for the purpose of financing the cost of operation and general expense of the division
of vehicles and related operations of the department of revenue.

    (d) On August 1, 1998, the director of accounts and reports shall transfer $100,000 from
the accounting services recovery fund of the department of administration to the setoff
services revenue fund of the department of revenue for reimbursing costs of recovering
amounts owed state agencies under K.S.A. 75-6201 et seq., and amendments thereto.

    (e) On August 1, 1998, the director of accounts and reports shall transfer $50,000 from
the social welfare fund of the department of social and rehabilitation services to the child
support enforcement contractual agreement fund of the department of revenue to reimburse
costs of administrative expenses of child support enforcement activities under the agree-
ment.

    (f) On August 1, 1998, and on the first day of each month thereafter during fiscal year
1999, the secretary of revenue shall report to the director of the budget and the director of
the legislative research department (1) the amount of any increase in the amount of taxes,
interest and penalties collected in the immediately preceding month that is attributable to
the implementation of the automated tax systems authorized by K.S.A. 75-5147 and amend-
ments thereto, and (2) that portion of such monthly increase in the amount of taxes, interest
and penalties which is currently required to pay one or more vendors pursuant to contracts
entered into under K.S.A. 75-5147 and amendments thereto for the acquisition or imple-
mentation of such automated tax systems. Upon receipt of each such report from the sec-
retary of revenue, the director of the budget and the director of the legislative research
department shall jointly certify to the director of accounts and reports the amount reported
that is required to be paid to such vendors and the director of accounts and reports shall
transfer the amount certified from the state general fund to the automated tax systems fund
of the department of revenue. On or before October 10, 1998, January 10, 1999, and April
10, 1999, the secretary of revenue shall submit a report accounting for all amounts credited
to and expended from the automated tax systems fund of the department of revenue to the
director of the budget, the director of the legislative research department, the chairperson
of the house committee on appropriations and the chairperson of the senate committee on
ways and means and shall submit a report on the implementation of the automated tax
systems to the joint committee on computers and telecommunications.

    Sec. 108.

KANSAS LOTTERY
    (a) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Lottery prize payment fund No limit

Lottery operating fund $8,411,221


Provided, That all expenditures from the lottery operating fund for on-line terminal com-
munication charges, for on-line vendor commission payments, for instant ticket printing
charges, or for refunds and transfers shall be in addition to any expenditure limitation
imposed on this fund: Provided further, That expenditures from this fund for official hos-
pitality shall not exceed $5,000: And provided further, That any expenditure from the lottery
operating fund to reimburse the audit services fund of the division of legislative post audit
for a financial-compliance audit in an amount certified by the legislative post auditor shall
be in addition to any expenditure limitation imposed on the lottery operating fund for the
fiscal year ending June 30, 1999.

    (b) Notwithstanding K.S.A. 74-8711 and amendments thereto, monthly transfers made
from the lottery operating fund to the state gaming revenue fund pursuant to subsection
(d) of K.S.A. 74-8711 and amendments thereto shall be an amount equal to not less than
30.75% of total monthly revenues from the sales of lottery tickets and shares less estimated
returned tickets.

    (c) The director of accounts and reports is hereby directed to credit any transfer from
the lottery operating fund to the state gaming revenues fund made after June 30, 1998, to
the fiscal year commencing on July 1, 1998.

    (d) Notwithstanding any other provision in law, no transfers shall be made during fiscal
year 1999 to any fund of the Kansas bureau of investigation for any purpose. All payments
for services provided by the Kansas bureau of investigation shall be paid by the Kansas
lottery in accordance with subsection (b) of K.S.A. 75-5516, and amendments thereto, pur-
suant to bills which are presented in a timely manner by the Kansas bureau of investigation
for services rendered. Any expenditure from the lottery operating fund to reimburse the
Kansas bureau of investigation for professional services and fees in an amount certified by
the director of the Kansas bureau of investigation shall be in addition to any expenditure
limitation imposed on the lottery operating fund for the fiscal year ending June 30, 1999.

    (e) The executive director of the Kansas lottery shall notify immediately in writing the
chairperson of the senate ways and means committee and the chairperson of the house
appropriations committee, and shall send a copy of such notice to the director of the leg-
islative research department, if and when the current president and chief executive officer
of the G-TECH corporation, William Y. O'Connor, resigns or is fired from one or both of
his current positions with G-TECH corporation.

    Sec. 109.

KANSAS RACING AND GAMING COMMISSION
    (a) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


State racing fund $3,124,974


Provided, That all expenditures from the state racing fund for refunds and transfers shall
be in addition to any expenditure limitation imposed on this fund: Provided further, That
expenditures from this fund for official hospitality shall not exceed $2,500: And provided
further, That any expenditure from the state racing fund to reimburse the audit services
fund of the division of legislative post audit for a financial-compliance audit in an amount
certified by the legislative post auditor shall be in addition to any expenditure limitation
imposed on the state racing fund for the fiscal year ending June 30, 1999.


Racing reimbursable expense fund No limit

Racing applicant deposit fund No limit

Kansas horse breeding development fund No limit

Kansas greyhound breeding development fund No limit

Racing investigative expense fund No limit

Horse fair racing benefit fund No limit

Tribal gaming fund No limit


    (b) On July 1, 1998, the director of accounts and reports shall transfer $450,000 from
the state general fund to the tribal gaming fund of the Kansas racing and gaming commission.

    (c) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer one or more amounts certified by the executive director of the state gaming
agency from the tribal gaming fund to the state general fund: Provided, That all such trans-
fers shall be for the purpose of reimbursing the state general fund for the amount equal to
the net amount obtained by subtracting (1) the aggregate of any costs incurred by the state
gaming agency during fiscal year 1999 for any arbitration or litigation in connection with
the administration and enforcement of tribal-state gaming compacts or the provisions of the
tribal gaming oversight act, from (2) the aggregate of the amounts transferred to the tribal
gaming fund of the Kansas racing and gaming commission during fiscal year 1999 for the
operating expenditures for the state gaming agency and any other expenses incurred in
connection with the administration and enforcement of tribal-state gaming compacts or the
provisions of the tribal gaming oversight act.

    (d) Notwithstanding any other provision in law, no transfers shall be made from the
state racing fund to any fund of the Kansas bureau of investigation for any purpose. All
payments for services provided by the Kansas bureau of investigation shall be paid by the
Kansas racing and gaming commission in accordance with subsection (b) of K.S.A. 75-5516
and amendments thereto, pursuant to bills which are presented in a timely manner by the
Kansas bureau of investigation for services rendered. Any expenditure from the state racing
fund to reimburse the Kansas bureau of investigation for professional services and fees in
an amount certified by the director of the Kansas bureau of investigation shall be in addition
to any expenditure limitation imposed on the state racing fund for the fiscal year ending
June 30, 1999.

    (e) In addition to the other purposes for which expenditures may be made from the
moneys appropriated in the tribal gaming fund for fiscal year 1999 for the Kansas racing
and gaming commission by this or other appropriation act of the 1998 regular session of the
legislature, expenditures may be made from the tribal gaming fund for fiscal year 1999 for
the state gaming agency regulatory oversight of class III gaming, including but not limited
to the regulatory oversight and law enforcement activities of monitoring compliance with
tribal-state gaming compacts and conducting investigations of violations of tribal-state gam-
ing compacts, investigations of criminal violations of the laws of this state at tribal gaming
facilities, criminal violations of the tribal gaming oversight act, and investigations of other
criminal activities related to tribal gaming, which are hereby authorized.

    (f) Notwithstanding provisions in K.S.A. 74-8826 and amendments thereto, and not-
withstanding any agreements between the executive director of the state racing and gaming
commission and the director of accounts and reports, the director of the state racing and
gaming commission shall reduce the current monthly amount from $300,000 to $250,000
when determining what constitutes a sufficient cash balance in the state racing fund.

    (g) In addition to the other purposes for which expenditures may be made from the
moneys appropriated in the state racing fund for fiscal year 1999 for the Kansas racing and
gaming commission by this or other appropriation act of the 1998 regular session of the
legislature, expenditures may be made from the state racing fund for fiscal year 1999 for
paying salaries and wages of agency personnel performing criminal history record checks,
background investigations and other investigations specified in statute: Provided, That, not-
withstanding any other provision in law, including K.S.A. 1997 Supp. 74-8805, 74-8806 and
74-8814 and amendments thereto, law enforcement agents of the Kansas racing and gaming
commission are hereby authorized and directed to conduct criminal history record checks,
background investigations and other investigations specified in statute.

    Sec. 110.

DEPARTMENT OF COMMERCE AND HOUSING
    (a) There is appropriated for the above agency from the state general fund the following:


State operations $1,970,802


Provided, That any unencumbered balance in the state operations account in excess of $100
as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however, That
expenditures from such reappropriated balance shall not exceed $1,134 except upon ap-
proval of the state finance council: Provided further, That expenditures may be made from
the state operations account for loans pursuant to loan agreements which are hereby au-
thorized to be entered into by the secretary of commerce and housing in accordance with
any such repayment provisions and other terms and conditions that may be prescribed by
the secretary therefor under programs of the department.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Publication and other sales fund No limit

Conversion of equipment and materials fund No limit

Conference registration and disbursement fund No limit

Kansas venture capital companies certificate fee fund No limit

Linger longer program fund No limit

Trademark fund No limit

Low income housing tax credit fee fund No limit


Provided, That expenditures may be made from the low income tax credit fee fund for loans
pursuant to loan agreements which are hereby authorized to be entered into by the secretary
of commerce and housing in accordance with such repayment provisions and other terms
and conditions as may be prescribed by the secretary therefor under the low income housing
tax credit program: Provided further, That all moneys received by the department of com-
merce and housing for repayment of loans made under the low income housing tax credit
program shall be deposited in the state treasury and credited to this fund: And provided
further, That, in addition to the other purposes for which expenditures may be made from
the low income housing tax credit fee fund, expenditures may be made from such fund for
projects of the Kansas housing development corporation and related operating expenses of
such corporation: And provided further, That all such expenditures for projects and oper-
ating expenses shall be subject to the approval of the secretary of commerce and housing:
And provided further, That such projects shall include, but not be limited to, (1) increasing
housing opportunities for the citizens of Kansas, (2) purchasing, developing and transferring
housing projects, (3) incurring obligations related to any such projects, and (4) establishing
partnerships and lending relationships with local communities and entities in the private
sector.


Flood mitigation assistance federal fund No limit

Kansas economic opportunity initiatives fund No limit

Trade show promotion fund No limit

Kansas tourist attraction matching grant development fund No limit

Greyhound tourism fund No limit

Reimbursement and recovery fund No limit

Housing assistance program--federal fund No limit

Community development block grant--federal fund No limit

Community development block grant--federal fund--revolving loanaccount No limit

HOME--federal fund No limit


Provided, That, in addition to the other purposes for which expenditures may be made from
the HOME--federal fund, expenditures may be made from such fund for projects of the
Kansas housing development corporation and related operating expenses of such corpora-
tion: Provided further, That all such expenditures for projects and operating expenses shall
be subject to the approval of the secretary of commerce and housing: And provided further,
That such projects shall include, but not be limited to, (1) increasing housing opportunities
for the citizens of Kansas, (2) purchasing, developing and transferring housing projects, (3)
incurring obligations related to any such projects, and (4) establishing partnerships and
lending relationships with local communities and entities in the private sector.


Community services block grant--federal fund No limit

Other grants fund No limit


Provided, That the above agency is authorized to make expenditures from the other grants
fund of any moneys credited to this fund from any individual grant if the grant is: (1) Less
than $250,000 in the aggregate, and (2) does not require the matching expenditure of any
other moneys in the state treasury during the current or any ensuing fiscal year: Provided,
however, That no grant that is greater than $250,000 in the aggregate or that requires the
matching expenditure of any other moneys in the state treasury during the current or any
ensuing fiscal year, shall be deposited to the credit of this fund.


Weatherization block grant--federal fund No limit

Energy winterization--federal fund No limit

DOE training and assistance--federal fund No limit

Kansas export loan guarantee fund No limit

HUD emergency shelter grants--federal fund No limit

National main street center fund No limit

State housing trust fund No limit


Provided, That, in addition to the other purposes for which expenditures may be made from
the state housing trust fund, expenditures may be made from such fund for projects of the
Kansas housing development corporation and related operating expenses of such corpora-
tion: Provided further, That all such expenditures for projects and operating expenses shall
be subject to the approval of the secretary of commerce and housing: And provided further,
That such projects shall include, but not be limited to, (1) increasing housing opportunities
for the citizens of Kansas, (2) purchasing, developing and transferring housing projects, (3)
incurring obligations related to any such projects, and (4) establishing partnerships and
lending relationships with local communities and entities in the private sector.


IMPACT program services fund No limit

IMPACT program repayment fund No limit

Kansas partnership fund No limit


Provided, That the interest rate on any loan made from the Kansas partnership fund shall
be annually indexed to the federal discount rate.


State economic development initiatives fund No limit


Provided, That, except upon approval of expenditures for any other purposes by the state
finance council acting on this matter which is hereby characterized as a matter of legislative
delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c and
amendments thereto, expenditures from the state economic development initiatives fund
may be made only for the purposes specifically authorized by this or other appropriation
act.


General fees fund No limit

Market development fund No limit


Provided, That expenditures may be made from the market development fund for loans
pursuant to loan agreements which are hereby authorized to be entered into by the secretary
of commerce and housing in accordance with repayment provisions and other terms and
conditions as may be prescribed by the secretary therefor under the agricultural value added
center program: Provided further, That all moneys received by the department of commerce
and housing for repayment of loans made under the agricultural value added center program
shall be deposited in the state treasury and credited to this fund.


Kansas existing industry expansion fund No limit


Provided, That expenditures may be made from the Kansas existing industry expansion fund
for loans pursuant to loan agreements which are hereby authorized to be entered into by
the secretary of commerce and housing in accordance with repayment provisions and other
terms and conditions as may be prescribed by the secretary therefor under the Kansas
existing industry expansion program: Provided further, That all moneys received by the
department of commerce and housing for repayment of loans made under the Kansas ex-
isting industry expansion program shall be deposited in the state treasury and credited to
this fund.

    (c) Expenditures may be made by the above agency from the state economic develop-
ment initiatives fund for the following specified purposes: Provided, That expenditures from
the state economic development initiatives fund other than refunds authorized by law for
the following specified purposes shall not exceed the limitations prescribed therefor as fol-
lows:


Capital formation account $0

Kansas economic development research and development account $0

Kansas economic development endowment account $14,761,729


Provided, That, except upon approval of expenditures for any other purposes by the state
finance council acting on this matter which is hereby characterized as a matter of legislative
delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c and
amendments thereto, expenditures from the Kansas economic development endowment
account of the state economic development initiatives fund may be made only for the pur-
poses specifically authorized by this or other appropriation act.

    (d) Expenditures may be made by the above agency from the Kansas economic devel-
opment endowment account of the state economic development initiatives fund for the
following specified purposes: Provided, That expenditures from the Kansas economic de-
velopment endowment account of the state economic development initiatives fund other
than refunds authorized by law for the following specified purposes shall not exceed the
limitations prescribed therefor as follows:


State operations (including official hospitality) $7,982,829


Provided, That expenditures may be made from the state operations (including official hos-
pitality) subaccount of the Kansas economic development endowment account of the state
economic development initiatives fund for loans pursuant to loan agreements which are
hereby authorized to be entered into by the secretary of commerce and housing in accord-
ance with repayment provisions and other terms and conditions as may be prescribed by
the secretary therefor under the agricultural value added center program: Provided further,
That, in addition to other purposes for which expenditures may be made by the department
of commerce and housing from this account, the secretary of commerce and housing shall
make expenditures from this account to disburse a grant to the Mid-America world trade
center located in Wichita, Kansas, in the amount of $50,000: And provided further, That
such grant shall be disbursed with only the requirement of that an annual report of activities
of the Mid-America world trade center shall be provided to the joint committee on economic
development prior to the commencement of the 1999 regular session of the legislature: And
provided further, That such grant shall be disbursed directly to the Mid-America world
trade center without any additional requirements or further procedures.


Kansas industrial training program and Kansas industrial retrainingprogram $3,850,000

Grants to small business development centers $525,000

Grants to certified development companies $475,000


Provided, That expenditures may be made from the grants to certified development com-
panies subaccount of the Kansas economic development endowment account of the state
economic development initiatives fund for certified development companies that have been
determined to be qualified for such grants by the secretary of commerce and housing, except
that expenditures for such grant shall not be made for grants to more than 10 certified
development companies that have been determined to be qualified for such grants by the
secretary of commerce and housing.


Trade show promotion program $170,000

Community capacity building grant program $250,000

Mainstreet development grants $216,800

Tourism grants $452,100

Training equipment grant $250,000

Agriculture products development $540,000

Kansas existing industry expansion program No limit


Provided, That expenditures may be made from the Kansas existing industry expansion
program subaccount of the Kansas economic development endowment account of the state
economic development initiatives fund for loans pursuant to loan agreements which are
hereby authorized to be entered into by the secretary of commerce and housing in accord-
ance with repayment provisions and other terms and conditions as may be prescribed by
the secretary therefor under the Kansas existing industry expansion program.

    (e) On August 15, 1998, and December 15, 1998, the director of accounts and reports
shall transfer $2,125,000 from the Kansas economic development account of the state ec-
onomic development initiatives fund of the department of commerce and housing to the
Kansas economic opportunities initiatives fund.

    (f) The secretary of commerce and housing is hereby authorized to fix, charge and
collect fees during the fiscal year ending June 30, 1999, for (1) the services provided under
the low-income housing tax credit program, private activity bond program, mortgage cer-
tificates/mortgage revenue bond program and under other programs of the department of
commerce and housing providing similar services and for which fees are not specifically
prescribed by statute, (2) the provision and administration of conferences held for the pur-
poses of programs and activities of the department of commerce and housing and for which
fees are not specifically prescribed by statute, (3) sale of Kansas magazine and other
publications of the department of commerce and housing and for sale of educational and
other promotional items and for which fees are not specifically prescribed by statute, and
(4) promotional and other advertising and related economic development activities and
services provided under economic development programs and activities of the department
of commerce and housing, including those provided at tourist information centers: Provided,
That such fees shall be fixed in order to recover all or part of the operating expenses incurred
in providing such services, conferences, publications and items, advertising and other eco-
nomic development activities and services provided under economic development programs
and activities of the department of commerce and housing for which fees are not specifically
prescribed by statute: Provided further, That all such fees shall be credited to one or more
special revenue funds of the department of commerce and housing as specified by the
secretary of commerce and housing: And provided further, That expenditures may be made
from such special revenue funds of the department of commerce and housing for fiscal year
1999, in accordance with the provisions of this act or any appropriation act of the 1998
regular session of the legislature, for operating expenses incurred in providing such services,
conferences, publications and items, advertising, programs and activities and for operating
expenses incurred in providing similar economic development activities and services pro-
vided under economic development programs and activities of the department of commerce
and housing.

    (g) In addition to the other purposes for which expenditures may be made by the above
agency from the Kansas economic development endowment account of the state economic
development initiatives fund for fiscal year 1999, expenditures may be made by the above
agency from the unencumbered balance as of June 30, 1998, in the rehabilitation and repair
subaccount of the Kansas economic development endowment account of the state economic
development initiatives fund for fiscal year 1999 for the following capital improvement
project or projects: Rehabilitation and repair--travel information centers: Provided, That
such expenditures shall not exceed the amount of the unencumbered balance in such su-
baccount on June 30, 1998: Provided further, That all expenditures from the unencumbered
balance of such subaccount shall be in addition to any expenditure limitation imposed on
the total expenditures from the Kansas economic development endowment account of the
state economic development initiatives fund for fiscal year 1999.

    (h) On August 15, 1998, and December 15, 1998, the director of accounts and reports
shall transfer $400,000 from the Kansas economic development endowment account of the
state economic development initiatives fund to the Kansas existing industry expansion pro-
gram.

    (i) In addition to other purposes for which expenditures may be made by the department
of commerce and housing for fiscal year 1999 from any account of the state general fund
or from any account of any special revenue fund appropriated by this or any other appro-
priation act of the 1998 regular session of the legislature for fiscal year 1999 for the de-
partment of commerce and housing, expenditures shall be made by the department of
commerce and housing from such appropriations for fiscal year 1999 to transfer, effective
on the first day of the first payroll period chargeable to fiscal year 1999, the 2.0 full-time
equivalent employees of the department of commerce and housing who are engaged in the
operation of the state capitol tourist information center to the state historical society.

    Sec. 111.

KANSAS, INC.
    (a) There is appropriated for the above agency from the state general fund the following:


Kansas, Inc. $169,626


Provided, That any unencumbered balance in the Kansas, Inc. account in excess of $100 as
of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however, That
expenditures from such reappropriated balance shall not exceed $1,574 except upon ap-
proval of the state finance council.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Kansas, Inc. matching fund No limit

Conversion of materials and equipment fund No limit

Information network of Kansas fund No limit


Provided, That expenditures from the information network of Kansas fund shall not be
considered to be part of the private sector match required by K.S.A. 74-8009a and amend-
ments thereto.


EDIF fund $169,563


Provided, That, except upon approval of expenditures for any other purposes by the state
finance council acting on this matter which is hereby characterized as a matter of legislative
delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c and
amendments thereto, expenditures from the EDIF fund may be made only for the purposes
specifically authorized by this or other appropriation act.


Conversion of materials and equipment fund No limit


    (c) On July 15, 1998, or as soon thereafter as moneys are available, the director of
accounts and reports shall transfer $169,563 from the Kansas economic development en-
dowment account of the state economic development initiatives fund of the department of
commerce and housing to the EDIF fund of Kansas, Inc.





    Sec. 112.

KANSAS TECHNOLOGY ENTERPRISE CORPORATION
    (a) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Economic development research and development fund $13,986,956


Provided, That, except upon approval of expenditures for any other purposes by the state
finance council acting on this matter which is hereby characterized as a matter of legislative
delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c and
amendments thereto, expenditures from the economic development research and devel-
opment fund are hereby authorized only for the purposes specifically authorized by this or
other appropriation act.


MAMTC federal fund No limit

KTEC special revenue fund No limit


    (b) Expenditures may be made by the above agency from the economic development
research and development fund for the following specified purposes: Provided, That ex-
penditures from the economic development research and development fund other than
refunds authorized by law for the following specified purposes shall not exceed the limita-
tions prescribed therefor as follows:


Operations, assistance and grants (including official hospitality) $13,986,956


    (c) On July 15, 1998, or as soon thereafter as moneys are available, the director of
accounts and reports shall transfer $1,152,595 from the Kansas economic development
endowment account of the state economic development initiatives fund of the department
of commerce and housing to the economic development research and development fund of
the Kansas technology enterprise corporation.

    (d) On August 15, 1998, and on the 15th day of each month thereafter during the fiscal
year ending June 30, 1999, or as soon after each such date as moneys are available, the
director of accounts and reports shall transfer $1,152,588 from the Kansas economic de-
velopment endowment account of the state economic development initiatives fund of the
department of commerce and housing to the economic development research and devel-
opment fund of the Kansas technology enterprise corporation.

    (e) No moneys appropriated for the fiscal year ending June 30, 1999, by this or other
appropriation act of the 1998 regular session of the legislature for the Kansas technology
enterprise corporation shall be expended for any bonus or other payment of additional
compensation for any officer or employee of the Kansas technology enterprise corporation,
or any subsidiary corporation, agency or instrumentality thereof, except longevity bonus
payments pursuant to K.S.A. 75-5541 and amendments thereto or as otherwise specifically
authorized by statute.

    Sec. 113. Position limitations. (a) The number of full-time and regular part-time posi-
tions equated to full-time, excluding seasonal and temporary positions, paid from appropri-
ations for fiscal year 1999 made in this or other appropriation act of the 1998 regular session
of the legislature for the following agencies shall not exceed the following, except upon
approval of the state finance council:


State Board of Tax Appeals 30.0

Department of Revenue 1,179.5

Kansas Lottery 89.0

Kansas Racing and Gaming Commission--state racing operations 42.0

Kansas Racing and Gaming Commission--state gaming agency 20.0

Department of Commerce and Housing 132.0


    Sec. 114.

DEPARTMENT OF REVENUE--HOMESTEAD PROPERTY TAX REFUNDS
    (a) There is appropriated for the above agency from the state general fund the following:


Homestead tax refunds $12,000,000


Provided, That any unencumbered balance in the homestead tax refunds account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999.

    Sec. 115.

DEPARTMENT OF HUMAN RESOURCES
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $1,772,220


Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided further,
That in addition to the other purposes for which expenditures may be made by the above
agency from this account for the fiscal year ending June 30, 1999, expenditures may be
made from this account for the costs incurred for court reporting under K.S.A. 72-5413 et
seq. and 75-4321 et seq., and amendments thereto: And provided further, That expenditures
from this account for official hospitality by the secretary of human resources shall not exceed
$1,000.

Any unencumbered balance in excess of $100 as of June 30, 1998, in each of the following
accounts is hereby reappropriated for fiscal year 1999: Welfare to work grant--state match.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Workmen's compensation fee fund $7,713,852

Conversion of materials and equipment fund $0

Occupational health and safety--federal fund $387,221

Boiler inspection fee fund No limit

Special employment security fund No limit


Provided, That expenditures may be made from the special employment security fund for
the public employee relations board program: Provided, however, That expenditures from
this fund for the public employee relations board program shall not exceed $30,997.


Employment security administration fund No limit

State workplace health and safety fund No limit

Wage claims assignment fee fund No limit

Employment security computer systems institute fund No limit

JTPA title II non-state operations fund No limit

JTPA title II state operations fund No limit

JTPA title III non-state operations fund No limit

JTPA title III discretion non-state operations fund No limit

JTPA EDWAA state operations fund No limit

JTPA EDWAA discretion state operations fund No limit

Welfare to work grant--federal fund No limit

Occupational information system--federal fund $110,792


Provided, That any transfers of moneys from the occupational information system--federal
fund to state agencies or to any other special revenue fund of the above agency shall be in
addition to any expenditure limitation imposed on this fund.


Human resources special projects fund No limit

Advisory committee on Hispanic affairs--donations fund No limit

Committee on employment of the handicapped--gifts, grants and dona-tions fund No limit

Federal indirect cost offset fund $286,231

Dispute resolution fund No limit


Provided, That all moneys received by the secretary of human resources for reimbursement
of expenditures for the costs incurred for mediation under K.S.A. 72-5427 and amendments
thereto and for fact-finding under K.S.A. 72-5428 and amendments thereto shall be depos-
ited in the state treasury and credited to the dispute resolution fund: Provided further, That
expenditures may be made from this fund to pay the costs incurred for mediation under
K.S.A. 72-5427 and amendments thereto and for fact-finding under K.S.A. 72-5428 and
amendments thereto, subject to full reimbursement therefor by the board of education and
the professional employees' organization involved in such mediation and fact-finding pro-
cedures.


Employment security fund No limit


    (c) On July 1, 1998, the director of accounts and reports shall transfer all moneys in the
one stop career center system fund from the one stop career center system fund of the
department of human resources to the Kansas economic development endowment account
of the state economic development initiatives fund of the department of commerce and
housing. On July 1, 1998, after such transfer, the one stop career system fund is hereby
abolished.

    (d) On July 1, 1998, the director of accounts and reports shall transfer $175,000 from
the state workers compensation self-insurance fund of the department of administration to
the state workplace health and safety fund of the department of human resources for the
purpose of reimbursing costs of providing a state workplace health and safety program for
state employees under K.S.A. 44-575 and amendments thereto.

    Sec. 116.

KANSAS COMMISSION ON VETERANS AFFAIRS
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures--veterans affairs $1,543,362


Provided, That any unencumbered balance in the operating expenditures--veterans affairs
account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999:
Provided, however, That expenditures from such reappropriated balance shall not exceed
$5,577 except upon approval of the state finance council.


Operating expenditures--Kansas soldiers' home $1,204,465


Provided, That any unencumbered balance in the operating expenditures--Kansas soldiers'
home account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year
1999: Provided, however, That no expenditures from such reappropriated balance shall be
made except upon approval of the state finance council.


Operating expenditures--Persian Gulf War health initiative program $101,856


    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Kansas commission on veterans affairs fund $104,605

Soldiers' home fee fund $3,427,965

Benefit and gift fund No limit

Veterans' home fee fund $0

Persian Gulf War veterans health initiative fund No limit


    Sec. 117.

DEPARTMENT OF HEALTH AND ENVIRONMENT
    (a) There is appropriated for the above agency from the state general fund the following:


Salaries and wages $14,408,029


Provided, That any unencumbered balance in the salaries and wages account in excess of
$100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall not exceed $79,825 except upon
approval of the state finance council.


Salaries and wages for swine production facility inspectors $580,700

Other operating expenditures (including official hospitality) $4,611,205


Provided, That any unencumbered balance in the other operating expenditures (including
official hospitality) account in excess of $100 as of June 30, 1998, is hereby reappropriated
for fiscal year 1999: Provided, however, That expenditures from such reappropriated balance
shall be made only upon (1) approval of the state finance council or (2) submitting to the
legislative coordinating council prior written notice of the amount and purpose of an ex-
penditure to be made from the amount reappropriated: Provided further, That expenditures
shall be made from this account for the purposes of reorganization and reassignment of
duties and staff with the division of health of the department of health and environment,
which organization and reassignment is hereby authorized and directed to be conducted by
the secretary of health and environment for the purposes of providing better service and
greater efficiency.


Vaccine purchases $824,000

Child care licensing operating expenditures $750,365

Adult care homes criminal record checks operating expenditures $200,000


Provided, That any unencumbered balance in the adult care homes criminal record checks
operating expenditures account in excess of $100 as of June 30, 1998, is hereby reappro-
priated for fiscal year 1999.


Infant and toddler program $1,992,000

Aid to local units $4,581,548


Provided, That expenditures from the aid to local units account for child care licensure
activities are hereby authorized to be made for contracts which are hereby authorized to be
entered into by the secretary of health and environment with local health departments,
private individuals and others: Provided further, That all expenditures from this account for
state financial assistance to local health departments shall be in accordance with the formula
prescribed by K.S.A. 65-241 through 65-246 and amendments thereto: And provided fur-
ther, That, notwithstanding any law to the contrary, such financial assistance shall be subject
to the condition that each individual who is currently on AIDS drug assistance shall continue
to receive AIDS drug assistance and shall not be denied such AIDS drug assistance.


Aid to local units--primary health projects $1,520,840


Provided, That no expenditures shall be made from the aid to local units--primary health
projects account to disburse any amount to a local government or other health care unit
until the amount has been matched on a $1 for $1 basis by the local government or other
health care unit on a cash or in-kind basis, or some combination thereof, as approved by
the secretary of health and environment.


Teen pregnancy prevention activities $578,226


Provided, That expenditures from the teen pregnancy prevention activities account shall be
made to give highest priority to recipients of aid to families with dependent children and
other medicaid eligible teens: Provided further, That expenditures may be made from this
account for grants made pursuant to K.S.A. 65-1,158 and amendments thereto: Provided,
however, That no expenditures shall be made from this account to disburse any amount to
the recipient of any grant pursuant to K.S.A. 65-1,158 and amendments thereto until the
amount has been matched in the manner prescribed by K.S.A. 65-1,158 and amendments
thereto.


Aid to local units--family planning $98,880


Provided, That all expenditures from the aid to local units--family planning account shall
be in accordance with grant agreements entered into by the secretary of health and envi-
ronment and grant recipients: Provided further, That all expenditures from this account
pursuant to such grant agreements shall be made only for the costs of pap smears or initial
and follow-up laboratory tests.

Any unencumbered balance in excess of $100 as of June 30, 1998, in each of the following
accounts is hereby reappropriated for fiscal year 1999: Cherokee county superfund match;
AIDS medication shortfall; year 2000 computer repair.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Environmental permit fund $381,848

Air quality fee fund $4,057,731

Title XIX fund $3,829,197


Provided, That any transfers of moneys from the title XIX fund to other state agencies shall
be in addition to any expenditure limitation imposed on this fund: Provided further, That
transfers of moneys from this fund to the state fire marshal may be made pursuant to a
contract which is hereby authorized to be entered into by the secretary of health and en-
vironment with the state fire marshal to provide fire and safety inspections for adult care
homes and hospitals.


Health care database fee fund $3,000

Laboratory medicaid cost recovery fund $120,000

Hazardous waste collection fund $60,000

Driving under the influence equipment fund $99,104


Provided, That expenditures from the driving under the influence equipment fund may be
made only for the purpose of purchasing blood or breath alcohol concentration testing
equipment.


Power generating facility fee fund $133,616

Breast and cervical cancer program and detection fund $1,558,092


Provided, That expenditures from the breast and cervical cancer program and detection
fund for salaries and wages shall not exceed $143,707.


Health and environment training fee fund $183,785


Provided, That expenditures may be made from the health and environment training fee
fund for acquisition and distribution of health and environment program literature and films
and for participation in conducting training seminars: Provided further, That the secretary
of health and environment is hereby authorized to fix, charge and collect fees in order to
recover costs incurred for such acquisition and distribution of literature and films and for
such seminars: And provided further, That such fees may be fixed in order to recover all or
part of such costs: And provided further, That all moneys received from such fees shall be
deposited in the state treasury and credited to this fund.


Capacity management assistance fund $0

Food service inspection reimbursement fund $510,000

Mined-land conservation and reclamation fee fund $69,352

Insurance statistical plan fund $328,226


Provided, That expenditures from the insurance statistical plan fund for salaries and wages
shall not exceed $148,321.


Solid waste management fund $5,763,133


Provided, That prior to making any expenditures for fiscal year 1999 from the solid waste
management fund for the city of Shawnee, Kansas, waste dump cleanup project, the sec-
retary of health and environment shall review the plan for the cleanup of the city of Shawnee,
Kansas, waste dump: Provided further, That the secretary of health and environment shall
take such actions as may be indicated in order to cooperate with the city of Shawnee, Kansas,
to effectuate such cleanup project: Provided, however, That no expenditures shall be made
from this fund to provide for the construction or development of a city park on the site of
the city of Shawnee, Kansas, waste dump cleanup project.


Public water supply fee fund $252,114

Voluntary cleanup fund $249,044

Storage tank fee fund $85,755

Conversion of materials and equipment fund No limit

Nuclear safety emergency preparedness special revenue fund $214,543


Provided, That all moneys received from the adjutant general from the nuclear safety emer-
gency preparedness fee fund shall be credited to the nuclear safety emergency preparedness
special revenue fund.


Health facilities review fund $202,547

Waste tire management fund $1,204,052


Provided, That expenditures from the waste tire management fund for payment of com-
pensation and other expenses of employing personnel to carry out the duties of the secretary
of health and environment pursuant to K.S.A. 65-3424 through 65-3424h and amendments
thereto shall not exceed the amount equal to 16% of the moneys credited to this fund during
fiscal year 1999 or $200,000, whichever amount is less.


Health and environment publication fee fund $32,900


Provided, That expenditures from the health and environment publication fee fund shall be
made only for the purpose of paying the expenses of publishing documents as required by
K.S.A. 75-5662 and amendments thereto.


District coroners fund $227,000


Provided, That, notwithstanding provisions of K.S.A. 22a-245 and amendments thereto,
moneys may be expended by the department of health and environment from the district
coroners fund for expenditures made pursuant to K.S.A. 22a-242 and amendments thereto.


Local air quality control authority regulation services fund $23,000

Environmental response fund $1,161,379

Remediation projects fund $0

Mined-land reclamation fund $25,000

Water plan special revenue fund $4,320,128

Adult care licensing revolving fund $0

Sponsored project overhead fund $3,681,684

Child care facilities licensure fund $1,500,000

Federal cancer registry fund $525,716

Clinical laboratory improvement amendments--federal fund $210,292

Child care and development block grant--federal fund $717,458

Office of rural health--federal fund $61,598

EPA--core support fund $363,623

Medicare fund--federal $2,033,357


Provided, That any transfers of moneys from the medicare fund--federal to other state
agencies shall be in addition to any expenditure limitation imposed on this fund: Provided
further, That transfers of moneys from this fund to the state fire marshal may be made
pursuant to a contract which is hereby authorized to be entered into by the secretary of
health and environment and the state fire marshal to provide fire and safety inspections for
adult care homes and hospitals.


Federal migrant health program fund $367,545

Venereal disease control project fund--federal $645,204


Provided, That expenditures from the venereal disease control project fund--federal for
salaries and wages shall not exceed $192,589.


Disease prevention and health promotion federal grants fund $1,840,733


Provided, That no moneys from any grant that requires the matching expenditure of any
other moneys in the state treasury during the current or any ensuing fiscal year shall be
deposited to the credit of the disease prevention and health promotion federal grants fund:
Provided further, That transfers or payments from this fund to other state agencies shall be
in addition to any expenditure limitation placed on this fund.


Federal air quality program fund $929,859

Federal women, infants and children health program fund $45,009,205


Provided, That expenditures from the federal women, infants and children health program
fund for state operations shall not exceed $3,264,763.


Federal occupational health and safety statistics program fund $140,015

EPA water related federal grants fund $886,448


Provided, That no moneys from any grant that requires the matching expenditure of any
other moneys in the state treasury during the current or any ensuing fiscal year shall be
deposited to the credit of the EPA water related federal grants fund.


Other federal grants fund $1,152,637


Provided, That the above agency is authorized to make expenditures from the other federal
grants fund of any moneys credited to this fund from any individual grant if the grant is: (1)
Less than $150,000 in the aggregate, and (2) does not require the matching expenditure of
any other moneys in the state treasury during the current or any ensuing fiscal year: Pro-
vided, however, That no grant that is greater than $150,000 in the aggregate or that requires
the matching expenditure of any other moneys in the state treasury during the current or
any ensuing fiscal year shall be deposited to the credit of this fund: Provided further, That
transfers or payments from this fund to other state agencies shall be in addition to any
expenditure limitation placed on this fund.


Federal chemical emergency preparedness assistance fund No limit


Provided, That all expenditures from the federal chemical emergency preparedness assis-
tance fund shall be in accordance with a grant agreement entered into by the secretary of
health and environment and each grant recipient: Provided further, That such grant agree-
ment shall require the grant recipient or recipients to provide any matching amount of
moneys necessary to meet any federal matching requirements: And provided further, That
no expenditures shall be made from this fund for state operations.


State legalization impact assistance grant fund $30,000

Water supply fund--federal $1,051,451

EPA voluntary cleanup federal fund $107,403


Provided, That all expenditures from the EPA voluntary cleanup federal fund during fiscal
year 1999 shall be supplemental to fees collected for direct or indirect costs of administering
the voluntary cleanup and property redevelopment act: Provided, however, That such ex-
penditures shall be in accordance with the federal agreement entered into by the secretary
of the department of health and environment for the grant moneys.


Immunization grant funds--federal fund $4,019,870


Provided, That expenditures from the immunization grant funds--federal fund for salaries
and wages shall not exceed $557,789.


Diagnostic X-ray program--federal fund $91,025

Title I--P.L. 99-457 child development--federal fund $2,841,537

Resource conservation and recovery act--federal fund $1,258,742

Preventive health and health services block grant fund $1,298,581


Provided, That expenditures from the preventive health and health services block grant fund
for state operations shall not exceed $789,024: Provided further, That transfers or payments
from this fund to other state agencies shall be in addition to any expenditure limitation
placed on this fund.


Maternal and child health services block grant fund $15,510,462


Provided, That expenditures from the maternal and child health services block grant fund
for state operations shall not exceed $3,039,161: Provided further, That transfers or pay-
ments from this fund to other state agencies shall be in addition to any expenditure limitation
placed on this fund.


National center for health statistics fund--federal $173,827

Federal EPA underground injection control fund $163,970

Federal EPA 106 water pollution control fund $820,884

Federal title X family planning fund $1,555,864


Provided, That expenditures from the federal title X family planning fund for state operations
shall not exceed $195,302.


Pregnancy nutrition surveillance--federal fund $45,000

Radiological environmental cooperative monitoring--federal fund $21,840

Early childhood developmental services--federal fund $56,000

104(6)(1) outreach operator training program--federal fund $60,000

Underground storage tank fund--federal $170,719

AIDS project--education and risk reduction--federal fund $2,304,555


Provided, That expenditures from the AIDS project--education and risk reduction--federal
fund for state operations shall not exceed $794,240: Provided further, That transfers or
payments from this fund to other state agencies shall be in addition to any expenditure
limitation placed on this fund.


Commodity supplemental food program fund $453,586

Special child clinic program--federal fund $7,000

Make a difference information network--federal fund $206,141

Census of traumatic occupational fatalities--federal fund $75,748

AIDS drug reimbursement program--federal fund $927,000

Leaking underground storage tank trust--federal fund $1,848,923

National surface mining control and reclamation act--federal fund $91,945

Abandoned mined-land fund $2,468,152

State indoor radon grant--federal fund $21,484

EPA non-point source implementation--federal fund $1,898,452

Pollution prevention program--federal fund $133,512

Federal NICE3 public utility grant fund $27,750

Medical student loan repayment--federal fund $0


Provided, That expenditures from the medical student loan repayment--federal fund shall
be made only for the purpose of matching local grant moneys for repayment of student
loans: Provided further, That the amount of local match moneys shall be in the amount
necessary to meet any federal match requirements.


Sudden infant death support fund No limit


Provided, That all moneys received by the department of health and environment for the
sudden infant death support network or for the purposes of the sudden infant death support
fund, which moneys are hereby authorized to be requested, received and accepted by the
secretary of health and environment, shall be deposited in the state treasury to the credit
of this fund.


Gifts, grants and donations fund $1,248,055

Hazardous waste perpetual care trust fund $0

Special bequest fund No limit

Aboveground petroleum storage tank release trust fund $1,560,897

Underground petroleum storage tank release trust fund $20,223,939

Drycleaning facility release trust fund $1,376,855


Provided, That expenditures from the drycleaning facility release trust fund for salaries and
wages shall not exceed $112,497.


Public water supply loan fund $1,042,107

Kansas water pollution control revolving fund $393,264


Provided, That the proceeds from revenue bonds issued by the Kansas development finance
authority to provide matching grant payments under the federal clean water act of 1987
(P.L. 92-500) shall be credited to the Kansas water pollution control revolving fund: Pro-
vided further, That expenditures from this fund shall be made to provide for the payment
of such matching grants.


Cost of issuance fund for Kansas water pollution control revolving fundrevenue bonds $141,253

Surcharge fund for Kansas water pollution control revolving fund revenuebonds No limit

Debt service reserve fund No limit

Infectious disease surveillance fund--federal $0

Clean air act leadership fund--federal $0

Bicycle helmet revolving fund $72,000

SSA fee fund $20,000

Lead poisoning prevention--federal fund $199,763

Wetlands protection--federal fund $25,791

Title IV-E--federal fund $566,477


    (c) Within any limitation of the total expenditures from the water plan special revenue
fund for fiscal year 1999, expenditures may be made from the water plan special revenue
fund for the following specified purposes: Provided, That expenditures from the water plan
special revenue fund other than refunds authorized by law for the following specified pur-
poses shall not exceed the limitations prescribed therefor as follows:


Contamination remediation $1,418,694

Local environmental aid $1,900,000

Non-point source pollution $1,000,000


    (d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $4,320,128 from the state water plan fund of the Kansas
water office to the water plan special revenue fund of the department of health and envi-
ronment.

    (e) On July 1, 1998, the director of accounts and reports shall transfer amounts specified
by the secretary of health and environment, which amounts constitute reimbursements,
credits and other amounts received by the department for activities related to federal pro-
grams, from specified special revenue funds of the department of health and environment
to the sponsored project overhead fund of the department of health and environment.

    (f) On July 1, 1998, the director of accounts and reports shall transfer $140,000 from
the health care stabilization fund of the health care stabilization fund board of governors to
the health facilities review fund of the department of health and environment for the purpose
of financing a review of records of licensed medical care facilities and an analysis of quality
of health care services provided to assist in correcting substandard services and to reduce
the incidence of liability resulting from the rendering of health care services and imple-
menting the risk management provisions of K.S.A. 65-4922 et seq., and amendments thereto.

    (g) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $648,927 from the child care development block grant
federal fund of the department of social and rehabilitation services to the child care and
development block grant--federal fund of the department of health and environment.

    (h) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $566,836 from the foster care assistance federal fund of
the department of social and rehabilitation services to the title IV-E--federal fund of the
department of health and environment.

    (i) In addition to the other purposes for which expenditures may be made by the de-
partment of health and environment from any account of any of the special revenue fund
for the fiscal year ending June 30, 1999, as authorized by this or other appropriation act of
the 1998 regular session of the legislature, expenditures may be made by the department
of health and environment from any such account of any such special revenue fund for fiscal
year 1999 for computer replacement hardware and software: Provided, That all such ex-
penditures for such purpose shall be in addition to any expenditure limitation imposed on
any such account of any such special revenue fund for fiscal year 1999 and shall be in addition
to any expenditure limitation imposed on any such special revenue fund for fiscal year 1999.

    (j) In addition to the other purposes for which expenditures may be made by the de-
partment of health and environment from the moneys appropriated in the water plan special
revenue fund for fiscal year 1999 as authorized by this or other appropriation act of the
1998 regular session of the legislature, expenditures may be made from the water plan
special revenue fund for fiscal year 1999 for GIS database development grants: Provided,
That any expenditures made from the water plan special revenue fund for fiscal year 1999
for GIS database development grants shall be in addition to any expenditure limitation
imposed on the water plan special revenue fund for fiscal year 1999.

    (k) In addition to the other purposes for which expenditures may be made by the de-
partment of health and environment from moneys appropriated from the state general fund
or from any special revenue fund for the fiscal year ending June 30, 1999, and from which
expenditures may be made for salaries and wages, as authorized by this or other appropri-
ation act of the 1998 regular session of the legislature, expenditures may be made by the
department of health and environment from such moneys appropriated from the state gen-
eral fund or from any special revenue fund for fiscal year 1999 for up to four full-time
equivalent positions in the unclassified service under the Kansas civil service act: Provided,
That all such additional full-time equivalent positions in the unclassified service under the
Kansas civil service act shall be in addition to other positions within the department of
health and environment in the unclassified service as prescribed by law and shall be estab-
lished by the secretary of health and environment within the position limitation established
for the department of health and environment on the number of full-time and regular part-
time positions equated to full-time, excluding seasonal and temporary positions, paid from
appropriations for fiscal year 1999 made by this or other appropriation act of the 1998
regular session of the legislature: Provided, however, That the authority to establish such
additional positions in the unclassified service shall not affect the classified service status of
any person who is an employee of the department of health and environment in the classified
service under the Kansas civil service act.

    (l) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer an amount or amounts specified by the secretary of health and environment
from the maternal and child health services block grant fund of the department of health
and environment to the sudden infant death support fund of the department of health and
environment for the sudden infant death support network or for the purposes of the sudden
infant death support fund: Provided, That the aggregate of all such transfers from the ma-
ternal and child health service block grant fund during fiscal year 1999 shall not exceed
$50,000 except upon approval by the state finance council acting on this matter which is
hereby characterized as a matter of legislative delegation and subject to the guidelines
prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto.

    Sec. 118.

DEPARTMENT ON AGING
    (a) There is appropriated for the above agency from the state general fund the following:


Administration $6,958,484


Provided, That any unencumbered balance in the administration account in excess of $100
as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however, That
expenditures, other than expenditures for the CARE program, from such reappropriated
balance shall not exceed $27,281 except upon approval of the state finance council: Provided
further, That all expenditures from such reappropriated balance for the CARE program
shall be made only for the purpose of matching federal moneys for nutrition programs: And
provided further, That expenditures from this account for official hospitality by the secretary
of aging shall not exceed $550: And provided further, That expenditures from this account
may be made for printing the agency's newsletter The Advocate: And provided further, That
printing The Advocate shall not be subject to K.S.A. 75-1005 and amendments thereto.


Program grants $9,080,172


Provided, That any unencumbered balance in the program grants account in excess of $100
as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided further, That
each grant agreement with an area agency on aging for a grant from the program grants
account shall require the area agency on aging to submit to the secretary on aging a report
for federal fiscal year 1998 by the area agency on aging which shall include information
about the kinds of services provided and the number of persons receiving each kind of
service during federal fiscal year 1998: And provided further, That the secretary on aging
shall submit to the senate committee on ways and means and the house of representatives
committee on appropriations at the beginning of the regular session of the legislature in
1999 a report of the information contained in such reports from the area agencies on aging
on expenditures for federal fiscal year 1998: And provided further, That the secretary on
aging, on or before December 1, 1998, shall report to the house of representatives com-
mittee on appropriations the first quarter data for Kansas senior care act programs for fiscal
year 1999, including, but not limited to, the number of persons served by each such program:
And provided further, That the secretary on aging may shift funding between the Kansas
senior care act programs and the income eligible program at the secretary's discretion: And
provided further, That the secretary on aging shall report each such shift of funding to the
Kansas legislative research department and the SRS transition oversight committee: And
provided further, That the agency shall allocate $37,500 from this account to the retired
and senior volunteer program (RSVP): And provided further, That all people receiving or
applying for services that are funded, either partially or entirely, through expenditures from
this account or the long-term care account of the state general fund shall be placed in
appropriate services which are determined to be the most economical services available with
regard to state general fund expenditures.


Long term care $118,253,273


Provided, That the secretary on aging, on or before December 1, 1998, shall report to the
house of representatives committee on appropriations the first quarter data for the home
and community-based services/frail elderly program, the nursing facilities program and the
income eligible program for fiscal year 1999, including, but not limited to, the number of
persons served by each such program: Provided further, That all people receiving or applying
for services that are funded, either partially or entirely, through this account or the program
grants account of the state general fund shall be placed in appropriate services which are
determined to be the most economical services available with regard to state general fund
expenditures.


Community transportation grants program $350,000


Provided, That the community transportation grants program shall be administered by the
secretary of aging in collaboration with the secretary of social and rehabilitation services:
Provided further, That grants shall be administered on a competitive basis emphasizing
community coordination and collaboration to solve transportation barriers: And provided
further, That the program shall provide for common transportation for all programs in a
community that are administered or supported by the department of social and rehabilitation
services or the department on aging: And provided further, That no expenditures may be
made from this account for expenses other than those related to transportation.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures shall not exceed the following:


Older Americans act--federal fund No limit

Title XIX fund--federal No limit

Nutrition fund--federal No limit

Conferences and workshops attendance and publications fees fund No limit


Provided, That the department on aging is hereby authorized to fix, charge and collect
conference and workshop attendance fees for conferences and workshops sponsored by the
department and fees for copies of publications: Provided further, That such fees shall be
deposited in the state treasury and credited to the conferences and workshops attendance
and publications fees fund: And provided further, That expenditures may be made from
this fund to defray all or part of the costs of such conferences and workshops including
official hospitality and of such publications.


General fees fund No limit


Provided, That the department on aging is hereby authorized to collect fees from the sale
of surplus property; fees charged for searching, copying and transmitting copies of public
record; fees paid by employees for personal long distance calls, postage, faxed messages,
copies and other authorized uses of state property; and other miscellaneous fees: Provided
further, That such fees shall be deposited in the state treasury and credited to the general
fees fund: And provided further, That expenditures shall be made from this fund to meet
the obligations of the agency, or to benefit and meet the mission of the agency.


Gifts and donations fund No limit


Provided, That the department on aging is hereby authorized to receive gifts and donations
of money for services to senior citizens or purposes related thereto: Provided further, That
such gifts and donations of money shall be deposited in the state treasury and credited to
the gifts and donations fund: And provided further, That expenditures shall be made from
this fund for the purposes specified by the donor or contributor, if any.


Elder care--federal fund No limit

Volunteer services coordinator--federal fund No limit

Medicaid fund--federal No limit

Medical resources and collection fund No limit


Provided, That all moneys received or collected by the secretary on aging due to medicaid
overpayments shall be deposited in the state treasury and credited to the medical resources
and collection fund and expenditures from such fund shall be made for medicaid pro-
gram-related expenses and used to reduce state general fund outlays for the medicaid pro-
gram: Provided further, That all moneys received or collected by the secretary of aging due
to civil monetary penalty assessments against adult care homes shall be deposited in the
state treasury and credited to this fund and expenditures from such fund shall be made to
protect the health or property of adult care home residents as required by federal law.


Area agencies on aging loan recovery fund $0


Provided, That area agencies on aging are not required to repay moneys granted to such
agencies during fiscal year 1997 for purposes related to the transfer of long-term care pro-
grams from the department of social and rehabilitation services to the department on aging:
Provided, however, That area agencies on aging may repay moneys granted to them for this
purpose: Provided further, That any moneys received by the secretary of aging for repayment
of moneys granted to area agencies on aging for such purposes shall be deposited in the
state treasury and credited to the area agencies on aging loan recovery fund.

    (c) During fiscal year 1999, the director of accounts and reports shall transfer amounts
certified by the secretary of aging and the secretary of social and rehabilitation services from
the adult care homes account of the state general fund of the department of social and
rehabilitation services to the long term care account of the state general fund of the de-
partment on aging: Provided, That all amounts transferred under this subsection shall be
for funding adjustment as may be required due to conversion of long-term facilities from
nursing facilities to nursing facilities--mental health, as determined by the secretary of aging
and the secretary of social and rehabilitation services.

    (d) On or before June 30, 1999, the director of accounts and reports shall transfer an
amount certified by the secretary of aging as the unspent amount of funds allocated for
professional services in the office of the secretary from the administration account of the
state general fund to the program grants account of the state general fund: Provided, That
the amount transferred to the program grants account shall be used for program services
by the agency: Provided further, That the amount transferred from the program grants
account shall not exceed $300,000.

    Sec. 119. Position limitations. The number of full-time and regular part-time positions
equated to full-time, excluding seasonal and temporary positions, paid from appropriations
for the fiscal year ending June 30, 1999, made in this or other appropriation act of the 1998
regular session of the legislature for the following agency or agencies shall not exceed the
following, except upon approval of the state finance council:


Department of Human Resources 1,001.5

Kansas Commission on Veterans Affairs 186.8

Department of Health and Environment 834.6


Provided, That within the above limitation on the number on full-time and regular part-
time positions equated to full-time, excluding seasonal and temporary positions, not less
than 11.5 full-time equivalent positions shall be designated and utilized for swine protection
facility inspectors.


Department on Aging 160.3


    Sec. 120.

DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES
    (a) There is appropriated for the above agency from the state general fund the following:


State operations $86,157,768


Provided, That any unencumbered balance in the state operations account in excess of $100
as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however, That
expenditures from such reappropriated balance shall not exceed $27,252 except upon ap-
proval of the state finance council: Provided further, That expenditures may be made from
this account for the purchase of professional liability insurance for physicians and dentists
at any institution, as defined by K.S.A. 76-12a01 and amendments thereto: And provided
further, That expenditures from this account for official hospitality by the secretary of social
and rehabilitation services shall not exceed $300.


Alcohol and drug abuse services grants $4,265,911


Provided, That any unencumbered balance in the alcohol and drug abuse services grants
account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999:
Provided, however, That expenditures from such reappropriated balance shall not exceed
$66,974 except upon approval of the state finance council.


Mental health and retardation services aid and assistance and state insti-tutions operations $151,089,970


Provided, That any unencumbered balance in the mental health and retardation services aid
and assistance and state institutions operations account in excess of $100 as of June 30, 1998,
is hereby reappropriated for fiscal year 1999: Provided, however, That expenditures from
such reappropriated balance shall not exceed $2,812,324 except upon approval of the state
finance council: Provided further, That expenditures may be made from this account for
educational services contracts which are hereby authorized to be negotiated and entered
into by the institutions, as defined by K.S.A. 76-12a01 and amendments thereto, with unified
school districts or other public educational services providers: And provided further, That
such educational services contracts shall not be subject to the competitive bidding require-
ments of K.S.A. 75-3739 and amendments thereto: And provided further, That expenditures
from the mental health and retardation services aid and assistance and state institutions
operations account for official hospitality by superintendents of such institutions shall not
exceed $1,050: And provided further, That the secretary of social and rehabilitation services
is authorized to refuse to enter into contracts with ICFs/MR: And provided further, That
expenditures shall be made from this account to assist residents of state mental retardation
institutions to take personally used items, which were constructed for use by such residents
and which are hereby authorized to be transferred to such residents, from such institutions
to communities when such residents leave such institutions to reside in the communities.


Children's mental health initiative $2,234,640


Provided, That no expenditures shall be made from the children's mental health initiative
account for inpatient hospital beds for children.


Children's health insurance $12,000,000


Provided, That any unencumbered balance in the children's health insurance account in
excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999.


Youth services aid and assistance $43,627,493


Provided, That any unencumbered balance in the youth services aid and assistance account
in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided
further, That on or after July 1, 1998, the secretary of social and rehabilitation services shall
transfer $150,000 from this account to the family and children trust account of the family
and children investment fund: And provided further, That the secretary of social and re-
habilitation services shall review the performance of all service providers that are providing
foster care services under the statewide foster care program: And provided further, That
the secretary of social and rehabilitation services shall not renew or enter into a provider
contract agreement with any service provider if such service provider does not comply with
corrective action plans.


Vocational rehabilitation aid and assistance $2,779,970


Provided, That any unencumbered balance in the vocational rehabilitation aid and assistance
account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999:
Provided further, That expenditures may be made from this account for the acquisition of
durable medical equipment and assistive technology devices: Provided, however, That all
such expenditures for durable equipment or assistive technology devices shall require a $1
for $1 match from non-state sources: And provided further, That expenditures may be made
from this account for a grant to assistive technology for Kansans: And provided further,
That such grants shall not exceed $135,000.


Cash assistance $49,982,374


Provided, That any unencumbered balance in the cash assistance account in excess of $100
as of June 30, 1998, is hereby reappropriated for fiscal year 1999.


Adult care homes $8,317,100


Provided, That any unencumbered balance in the medical assistance for long-term care
account in excess of $100 as of June 30, 1998, is hereby reappropriated to the adult care
homes account for fiscal year 1999.


Community based services $10,042,673


Provided, That any unencumbered balance in the community based services account in
excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided
further, That expenditures may be made from this account to encourage two independent
living centers in the same metropolitan area to consolidate into one center: And provided
further, That such expenditures shall not exceed $10,000: And provided further, That such
expenditures shall not be made unless the two centers agree to consolidate.


Other medical assistance $153,823,570


Provided, That any unencumbered balance in the other medical assistance account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999.


Child support pass-through $3,206,000


Provided, That any unencumbered balance in the child support pass-through account in
excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999.


Sex predator program $717,491


Any unencumbered balance in excess of $100 as of June 30, 1998, in each of the following
accounts is hereby reappropriated for fiscal year 1999: Purchase of atypical antipsychotic
drugs; state hospital closure; children's mental health initiative.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures shall not exceed the following:


Title XIX fund $57,881,442


Provided, That all receipts resulting from payments under title XIX of the federal social
security act to any of the institutions under mental health and retardation services may be
credited to the title XIX fund: Provided further, That moneys in the title XIX fund may be
used for expenditures for contractual services to provide for collecting additional payments
under title XVIII and title XIX of the federal social security act, for expenditures for pre-
miums and surcharges required to be paid for physicians' malpractice insurance, and for
transfers to the social welfare fund.


Kansas neurological institute fee fund $921,394

Kansas neurological institute--elementary and secondary educationfund--federal No limit

Kansas neurological institute--foster grandparents program--federalfund $270,000

Kansas neurological institute--canteen fund No limit

Kansas neurological institute--patient benefit fund No limit

Kansas neurological institute--work therapy patient benefit fund No limit

Larned state hospital fee fund $2,379,715

Larned state hospital--elementary and secondary education fund--federal No limit

Larned state hospital--vocational education fund--federal No limit

Larned state hospital--ECIA fund--federal No limit

Larned state hospital--canteen fund No limit

Larned state hospital--patient benefit fund No limit

Larned state hospital--work therapy patient benefit fund No limit

Larned state hospital--motor pool revolving fund No limit

Osawatomie state hospital fee fund $2,903,667


Provided, That all moneys received as fees for the use of video teleconferencing equipment
at Osawatomie state hospital shall be deposited to the credit of the video teleconferencing
fee account of the Osawatomie state hospital fee fund: Provided further, That all moneys
credited to the video teleconferencing fee account shall be used solely for the servicing,
technical and program support, maintenance and replacement of associated equipment at
Osawatomie state hospital: And provided further, That any expenditures from the video
teleconferencing fee account shall be in addition to any expenditure limitation imposed on
the Osawatomie state hospital fee fund for fiscal year 1999.


Osawatomie state hospital--elementary and secondary educationfund--federal No limit

Osawatomie state hospital--vocational education fund--federal No limit

Osawatomie state hospital--ECIA fund--federal No limit

Osawatomie state hospital--adult education fund--federal No limit

Osawatomie state hospital--canteen fund No limit

Osawatomie state hospital--patient benefit fund No limit

Osawatomie state hospital--work therapy patient benefit fund No limit

Osawatomie state hospital--motor pool revolving fund No limit

Osawatomie state hospital--training fee revolving fund No limit


Provided, That all moneys received as fees for training activities for Osawatomie state hos-
pital shall be deposited to the credit of the Osawatomie state hospital--training fee revolving
fund: Provided further, That the superintendent of Osawatomie state hospital is hereby
authorized to fix, charge and collect fees for training activities at Osawatomie state hospital:
And provided further, That such fees shall be fixed in order to recover all or part of the
expenses of such training activities for Osawatomie state hospital.


Parsons state hospital and training center fee fund $975,593


Provided, That all moneys received as fees for the use of video teleconferencing equipment
at Parsons state hospital and training center shall be deposited to the credit of the video
teleconferencing fee account of the Parsons state hospital and training center fee fund:
Provided further, That all moneys credited to the video teleconferencing fee account shall
be used solely for the servicing, maintenance and replacement of video teleconferencing
equipment at Parsons state hospital and training center: And provided further, That any
expenditures from the video teleconferencing fee account shall be in addition to any ex-
penditure limitation imposed on the Parsons state hospital and training center fee fund for
fiscal year 1999.


Parsons state hospital and training center--elementary and secondary
education fund--federal
No limit

Parsons state hospital and training center--canteen fund No limit

Parsons state hospital and training center--patient benefit fund No limit

Parsons state hospital and training center--work therapy patient benefitfund No limit

Rainbow mental health facility fee fund $375,706

Rainbow mental health facility--elementary and secondary educationfund--federal No limit

Rainbow mental health facility--patient benefit fund No limit

Rainbow mental health facility--work therapy patient benefit fund No limit

Social services clearing fund No limit


Provided, That the secretary of social and rehabilitation services shall certify to the director
of the budget on June 30, 1999, that expenditures from the social services clearing fund for
state operations did not exceed $247,383,661 for fiscal year 1999: Provided, however, That
expenditures from the social services clearing fund for transfers or state operations for
institutions under the control of the department of social and rehabilitation services shall
be in addition to any expenditure limitation on the social services clearing fund: Provided
further, That expenditures may be made from this fund pursuant to employment incentive
programs which the secretary is hereby authorized to develop and enter into with public
and private employers to provide an economic incentive to such employers to employ as-
sistance recipients: And provided further, That any transfer made from this fund to another
state agency pursuant to a contract with that agency shall be in addition to any expenditure
limitations imposed on this fund.


Social welfare fund $57,948,036


Provided, That expenditures from the social welfare fund for state operations shall not
exceed $8,795,972: Provided further, That any transfers of funds between the social welfare
fund and state institutions made by the secretary of social and rehabilitation services shall
be in addition to any expenditure limitation imposed on this fund.


Other state fees fund No limit

Alcohol and drug abuse block grant federal fund $10,472,687


Provided, That any transfers of moneys from the alcohol, drug abuse and mental health
block grant--federal fund to any other block grant fund specified in this subsection shall be
in addition to any expenditure limitation imposed on this fund.


Child welfare services block grant federal fund $3,828,087

Mental health block grant federal fund $2,370,291

Social services block grant--federal fund $33,670,979


Provided, That any transfers of moneys from the social services block grant--federal fund
to any other block grant fund specified in this subsection shall be in addition to any ex-
penditure limitation imposed on this fund.


Child care mandatory federal fund No limit


Provided, That any transfers from the child care mandatory federal fund to the department
of health and environment shall be in addition to any expenditure limitation imposed on
this fund.


Winfield properties special revenue fund No limit

Temporary assistance to needy families federal fund No limit


Provided, That no expenditures shall be made from the temporary assistance to needy fam-
ilies federal fund for computer systems related to welfare reform until the plans for com-
puter systems related to welfare reform are reviewed by the joint committee on computers
and telecommunications.


Child care matching federal fund No limit

Child care discretionary federal fund No limit

Disability determination services federal fund No limit

Food stamp assistance federal fund No limit

Foster care assistance federal fund No limit

Medical assistance federal fund No limit

Rehabilitation services federal fund No limit

Other federal state operations fund No limit

Other federal grants and assistance fund No limit

SRS enterprise fund No limit

SRS trust fund No limit


Provided, That all contributions from local entities shall be credited to the vocational re-
habilitation special revenue account of the SRS trust fund for the purpose of providing the
required state match for receipt of federal vocational rehabilitation funds: Provided further,
That expenditures may be made from the vocational rehabilitation special revenue account
of this fund for local community-based vocational rehabilitation programs.


Childrens health insurance federal fund No limit

Family and children trust account--family and children investmentfund No limit

Family and children endowment account--family and children invest-ment fund $0


Provided, That all moneys received by the secretary of social and rehabilitation services for
provide an endowment to provide interest earnings for the purposes for which expenditures
may be made from the family and children trust account of the family and children invest-
ment fund shall be deposited in the state treasury to the credit of the family and children
endowment account of the family and children investment fund.


Medicaid assistance federal fund No limit


    (c) The following amounts are included in the mental health and retardation services
aid and assistance and state institutions operations account of the state general fund for the
following institutions, as defined by K.S.A. 76-12a01 and amendments thereto, but expend-
itures from this account for any such aid and assistance or institution shall not be limited
to, nor be required to be made in, the amount listed for such aid and assistance or institution:


Kansas neurological institute $10,198,356

Larned state hospital $8,677,519

Osawatomie state hospital $3,693,609

Parsons state hospital and training center $8,683,907

Rainbow mental health facility $2,391,500

Community services aid and assistance $120,257,403


    (d) In addition to the other purposes for which expenditures may be made from the
state budget stabilization fund for fiscal year 1999, expenditures may be made by the above
agency from the state budget stabilization fund for fiscal year 1999 for the following specified
purpose subject to the expenditure limitation prescribed therefore:


Assistive technology program $1,000,000


Provided, That all expenditures by the above agency from the state budget stabilization fund
for fiscal year 1999 for the assistive technology program shall be in addition to any expend-
iture limitation imposed on the state budget stabilization fund for fiscal year 1999.

    (e) During the fiscal year ending June 30, 1999, the secretary of social and rehabilitation
services may transfer any part of any item of appropriation for the fiscal year ending June
30, 1999, from the state general fund for the department of social and rehabilitation services
to another item of appropriation for fiscal year 1999 from the state general fund for the
department of social and rehabilitation services. The secretary of social and rehabilitation
services shall certify each such transfer to the director of accounts and reports and shall
transmit a copy of each such certification to the legislative research department.

    (f) On July 1, 1998, the superintendent of Larned state hospital, upon the approval of
the director of accounts and reports, shall transfer $10,000 from the Larned state hospi-
tal--canteen fund to the Larned state hospital--patient benefit fund.

    (g) On July 1, 1998, the superintendent of Larned state hospital, upon approval of the
director of accounts and reports, shall transfer $500 from the Larned state hospital--work
therapy patient benefit fund to the Larned state hospital--patient benefit fund.

    (h) On July 1, 1998, the superintendent of Osawatomie state hospital, upon the approval
of the director of accounts and reports, shall transfer $15,000 from the Osawatomie state
hospital--canteen fund to the Osawatomie state hospital--patient benefit fund.

    (i) On July 1, 1998, the superintendent of Parsons state hospital and training center,
upon the approval of the director of accounts and reports, shall transfer $9,000 from the
Parsons state hospital and training center--canteen fund to the Parsons state hospital and
training center--patient benefit fund.

    (j) On July 1, 1998, or as soon thereafter as moneys are available, the director of accounts
and reports may transfer, in one or more amounts, from the title XIX fund to the social
welfare fund the amount specified by the secretary of social and rehabilitation services.

    (k) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $10,000,000 from the temporary assistance to needy fam-
ilies federal fund to the social services block grant--federal fund.

    (l) All moneys received by the department of social and rehabilitation services during
the fiscal year ending June 30, 1999, after the closure of Topeka state hospital and after the
Topeka state hospital fee fund has been abolished, which otherwise would have been cred-
ited to the Topeka state hospital fee fund, shall be credited to one or more fee funds of
mental health institutions of the department of social and rehabilitation services as appro-
priate with respect to each such institution or institutions, the previous disposition of the
balance in the Topeka state hospital fee fund and the closure of Topeka state hospital, as
determined by the secretary of social and rehabilitation services and certified to the director
of accounts and reports by the secretary.

    (m) During fiscal year 1999, the director of accounts and reports shall transfer the
amount or amounts certified by the secretary of social and rehabilitation services and the
secretary of aging from the long term care account of the state general fund of the depart-
ment on aging to the adult care homes account of the state general fund of the department
of social and rehabilitation services: Provided, That all amounts transferred under this sub-
section shall be for funding adjustments required as may be due to conversion of long-term
facilities from nursing facilities to nursing facilities--mental health, as determined by the
secretary of social and rehabilitation services and the secretary of aging.

    (n) On or before July 10, 1998, and on or before the 10th day of each month thereafter
during fiscal year 1999, the director of accounts and reports shall transfer from the state
general fund to the family and children trust account of the family and children investment
fund the amount equal to the interest earnings of the family and children endowment
account of the family and children investment fund which shall be based upon: (1) The
average daily balance of moneys in the family and children endowment account of the family
and children investment fund for the preceding month, and (2) the net earnings rate of the
pooled money investment board portfolio for the preceding month.

    (o) During the fiscal year ending June 30, 1999, to the extent it is determined by the
secretary of social and rehabilitation services to be cost effective, the secretary of social and
rehabilitation services shall apply for and accept donations from private sources to provide
an endowment to provide interest earnings for the purposes for which expenditures may be
made from the family and children trust account of the family and children investment fund.
Upon receipt during the fiscal year ending June 30, 1999, of any such donation of moneys
from private sources for deposit in the family and children endowment account of the family
and children investment fund, the amount of each such donation shall be matched on a $1
for $1 basis secretary of social and rehabilitation services from moneys appropriated for
fiscal year 1999 for the department of social and rehabilitation services in accordance with
this subsection. During the fiscal year ending June 30, 1999, and to provide such matching
moneys, the secretary of social and rehabilitation services shall transfer amounts from any
available moneys appropriated for fiscal year 1999 in one or more accounts of the state
general fund or in one or more special revenue funds of the department of social and
rehabilitation services, that in the aggregate are equal to the amount of moneys donated, to
the family and children endowment account of the family and children investment fund.

    Sec. 121.

KANSAS GUARDIANSHIP PROGRAM
    (a) There is appropriated for the above agency from the state general fund the following:


Kansas guardianship program $990,532


Provided, That any unencumbered balance in the Kansas guardianship program account in
excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided
however, That expenditures from such reappropriated balance shall not exceed $132,145
except upon approval of the state finance council.

    Sec. 122. Position limitations. (a) The number of full-time and regular part-time posi-
tions equated to full-time, excluding seasonal and temporary positions, paid from appropri-
ations for fiscal year 1999 made in this or other appropriation act of the 1998 regular session
of the legislature for the following agencies shall not exceed the following, except upon
approval of the state finance council or pursuant to subsection (b) of this section:


Department of Social and Rehabilitation Services 4,159.0

Kansas Neurological Institute 674.0

Larned State Hospital 771.6

Osawatomie State Hospital 485.4

Parsons State Hospital and Training Center 524.0

Rainbow Mental Health Facility 141.4


    (b) During the fiscal year ending June 30, 1999, the secretary of social and rehabilitation
services may increase the position limitation for the department of social and rehabilitation
services or for any institution or facility under the general supervision and management of
the secretary of social and rehabilitation services by making a corresponding decrease in the
position limitation for either the department of social and rehabilitation services or any
institution or facility under the general supervision and management of the secretary of
social and rehabilitation services. The secretary of social and rehabilitation services shall
certify each such increase and corresponding decrease to the director of personnel services
and shall transmit a copy of each such certification to the legislative research department.

    (c) Within the limitation imposed by this or any other appropriation act of the 1998
regular session of the legislature on the full-time equivalent number of full-time and regular
part-time positions, excluding seasonal and temporary positions, paid from appropriations
made for the fiscal year ending June 30, 1999, for Larned state hospital, Osawatomie state
hospital and Rainbow mental health facility, the following positions shall be in the unclas-
sified service under the Kansas civil service act: Advanced registered nurse practitioners.

    Sec. 123.

DEPARTMENT OF EDUCATION
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures (including official hospitality) $8,635,130


Provided, That any unencumbered balance in the operating expenditures (including official
hospitality) account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal
year 1999.


Governor's teaching excellence scholarships $40,000


Provided, That all expenditures from the Governor's teaching excellence scholarships ac-
count shall be to provide grants of $1,000 each to Kansas elementary and secondary public
school teachers who are accepted to participate in the national board for professional teach-
ing standards certification program under the Governor's teaching excellence scholarships
program which shall be administered by the state board of education: Provided further, That
each such grant shall be required to be matched on a $1 for $1 basis from nonstate sources:
And provided further, That award of each such grant shall be conditioned upon the recipient
entering into an agreement requiring the grant to be repaid if the recipient fails to complete
the course of training under the national board for professional teaching standards certifi-
cation program: And provided further, That all moneys received by the department of
education for repayment of grants made under the Governor's teaching excellence schol-
arships program shall be deposited in the state treasury and credited to the Governor's
teaching excellence scholarships program repayment fund.


Education commission of the states membership dues expenditures $50,500

General state aid $1,703,716,638


Provided, That any unencumbered balance in the general state aid account in excess of $100
as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided further, That
any unencumbered balance in the general state aid account in excess of $100 as of June 30,
1998, is hereby reappropriated for fiscal year 1999: And provided further, That any unen-
cumbered balance in the general state aid account in excess of $17,428,362 shall be trans-
ferred to the inservice education aid account of the state general fund of the department of
education to be used to fund approved inservice education programs as authorized by K.S.A.
72-9601 et seq., and amendments thereto: Provided, however, That such transferred balance
shall not exceed $1,000,000.


Supplemental general state aid $49,278,688


Provided, That any unencumbered balance in the supplemental general state aid account
in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999.


School food assistance $2,510,486

Special education services aid $212,994,174


Provided, That expenditures shall not be made from the special education services aid
account for the provision of instruction for any homebound or hospitalized child unless the
categorization of such child as exceptional is conjoined with the categorization of the child
within one or more of the other categories of exceptionality: Provided further, That ex-
penditures shall be made from this account for grants to school districts in amounts deter-
mined pursuant to and in accordance with the provisions of K.S.A. 1997 Supp. 72-983 and
amendments thereto: And provided further, That expenditures shall be made from the
amount remaining in this account, after deduction of the expenditures specified in the
foregoing proviso, for payments to school districts in amounts determined pursuant to and
in accordance with the provisions of K.S.A. 72-978 and amendments thereto.


KPERS--employer contributions $83,460,360


Provided, That any unencumbered balance in the KPERS--employer contributions account
in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided,
however, That expenditures from such reappropriated balance shall not exceed $490,097
except upon approval of the state finance council: Provided further, That all expenditures
from the KPERS--employer contributions account shall be for payment of participating
employers' contributions to the Kansas public employees retirement system as provided in
K.S.A. 74-4939 and amendments thereto: And provided further, That expenditures from
this account for the payment of participating employers' contributions to the Kansas public
employees retirement system may be made regardless of when the liability was incurred.


Postsecondary aid for vocational education $18,865,924

Adult basic education $970,506

Community college credit hour state aid $42,846,736

Community college out-district state aid entitlement $12,225,973

Community college general state aid $2,642,795

Parent education program $4,667,000


Provided, That expenditures from the parent education program account for each such grant
shall be matched by the school district in an amount which is equal to not less than 75% of
the grant: Provided further, That expenditures from this account for fiscal year 1999 for
establishing and maintaining a Kansas training model that meets the requirement for the
parents as teachers program shall not exceed $27,500.


Inservice education aid $3,000,000


Provided, That, in addition to moneys appropriated in the inservice education account, the
department of education may make expenditures from this account of any moneys trans-
ferred to this account from the general state aid account of the state general fund of the
department of education in an amount not to exceed $1,000,000 for approved inservice
education programs as authorized by K.S.A. 72-9601 et seq., and amendments thereto.


Educable deaf-blind and severely handicapped children's programsaid $110,000

School district juvenile detention facilities and Flint Hills job corps centergrants $2,712,248


Provided, That expenditures shall be made from the school district juvenile detention fa-
cilities and Flint Hills job corps center grants account for grants to school districts in amounts
determined pursuant to and in accordance with the provisions of K.S.A. 1997 Supp. 72-
8187 and amendments thereto: Provided further, That the amount of grants to school dis-
tricts shall be determined as if the term ``enrollment'' as used in K.S.A. 1997 Supp. 72-8187
and amendments thereto means the number of pupils residing at the Flint Hills job corps
center or confined in a juvenile detention facility and enrolled in a district on September
20, on November 20, or on April 20, of the school year, whichever is the greater number
of pupils.


Kansas foundation for agriculture project grant $35,000


Provided, That expenditures from the Kansas foundation for agriculture project grant ac-
count shall be used for agriculture in the classroom programs to supplement existing ele-
mentary and secondary curricula with agricultural information: Provided further, That ex-
penditures from this account shall be made only if private funding sources are available to
match such state grants on a 60% state and 40% private basis.


Grant to Kansas cultural heritage and arts center, Dodge City, Kansas $30,000

Innovative program assistance $1,700,000

Environmental education program $35,000

Grant to the Kansas optometric association for vision study $27,000


Provided, That expenditures from the grant to the Kansas optometric association for vision
study account shall be made by the Kansas optometric association to conduct a pilot study
of the link between vision problems and behavior and academic performance: Provided
further, That the Kansas optometric association shall make the results of the study available
to the legislature by the end of the 1999 session.


Structured mentoring program grants $975,000


Provided, That expenditures shall be made by the department of education from the struc-
tured mentoring program grants account for grants to school districts to provide for struc-
tured mentoring programs, including the HOSTS program, in reading, mathematics, lan-
guage arts or Spanish language arts.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law and transfers to other
state agencies shall not exceed the following:


State school district finance fund No limit

School district capital improvements fund No limit

Conversion of materials and equipment fund No limit

State safety fund No limit

GED credentials processing fees fund No limit

School bus safety fund No limit

Goals 2000 federal fund No limit

Motorcycle safety fund No limit

Federal indirect cost reimbursement fund No limit

Certificate fee fund No limit

Proprietary school fee fund No limit

Adult basic education--federal fund No limit

Food assistance--federal fund No limit

Food assistance--school breakfast program--federal fund No limit

Food assistance--national school lunch program--federal fund No limit

Food assistance--child and adult care food program--federal fund No limit

Elementary and secondary school aid--federal fund No limit

Elementary and secondary school aid--educationally deprived chil-dren--federal fund No limit

Educationally deprived children--state operations--federal fund No limit

Elementary and secondary school--educationally deprived children--LEA's fund No limit

ESEA chapter II--state operations--federal fund No limit

Title VI--innovative education program strategies--LEA's fund--federalfund No limit

Title VI--innovative education program strategies--state operations--federal fund No limit

Truck driver training fund No limit

Education of handicapped children fund--federal No limit

Educational interpreter performance assessment fee fund No limit


Provided, That expenditures may be made from the educational interpreter performance
assessment fee fund for operating expenditures incurred in conjunction with the operation
of the educational interpreter performance program: Provided further, That the state board
of education is hereby authorized to fix, charge and collect fees for educational interpreter
performance assessments and other services provided under the interpreter performance
assessment program: And provided further, That all such fees shall be deposited in the state
treasury and credited to the educational interpreter performance assessment fee fund.


Education of handicapped children fund--state operations--federal No limit

Education of handicapped children fund--preschool--federal fund No limit

Education of handicapped children fund--preschool state operations--federal No limit

Elementary and secondary school aid--federal fund--migrant educationfund No limit

Elementary and secondary school aid--federal fund--migrant educa-tion--state operations No limit

Vocational education amendments of 1968--federal fund No limit

Vocational education title II--federal fund No limit

Vocational education title II--federal fund--state operations No limit

Educational research grants and projects fund No limit

Education for economic security act--federal fund No limit

Drug abuse fund--department of education--federal No limit

Drug abuse funds--federal--state operations fund No limit

Economic development initiatives fund $9,916,110


Provided, That no expenditures shall be made from the economic development initiatives
fund of the department of education other than for purposes specifically authorized by this
or other appropriation act: Provided, however, That expenditures from such fund for such
purpose shall not exceed the limitations prescribed therefor.


Inservice education workshop fee fund No limit


Provided, That expenditures may be made from the inservice education workshop fee fund
for operating expenditures, including official hospitality, incurred for inservice workshops
and conferences: Provided further, That the state board of education is hereby authorized
to fix, charge and collect fees for inservice workshops and conferences: And provided fur-
ther, That such fees shall be fixed in order to recover all or part of such operating expend-
itures incurred for inservice workshops and conferences: And provided further, That all fees
received for inservice workshops and conferences shall be deposited in the state treasury
and credited to the inservice education workshop fee fund.


Private donations, gifts, grants and bequests fund No limit

Interactive video fee fund No limit


Provided, That expenditures may be made from the interactive video fee fund for operating
expenditures incurred in conjunction with the operation and use of the interactive video
conference facility of the department of education: Provided further, That the state board
of education is hereby authorized to fix, charge and collect fees for the operation and use
of such interactive video conference facility: And provided further, That all fees received
for the operation and use of such interactive video conference facility shall be deposited in
the state treasury and credited to the interactive video fee fund.


Reimbursement for services fund No limit

Communities in schools program fund No limit

Tuition and fee waiver reimbursement fund $0


Provided, That all expenditures from the tuition and fee waiver reimbursement fund shall
be for tuition and fee waiver reimbursement, in accordance with K.S.A. 75-4364 and amend-
ments thereto, for the dependents of public safety officers killed in the line of duty, pursuant
to certification by educational institutions submitted to the state board of education during
the fiscal year in which such tuition and fees were waived.

    (c) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $50,000 from the family and children trust account of the
family and children investment fund of the department of social and rehabilitation services
to the communities in schools program fund of the department of education.

    (d) Expenditures may be made from the economic development initiatives fund of the
department of education for the following purposes, subject to the expenditure limitations
prescribed therefor:


Vocational education capital outlay aid $3,000,000


Provided, That expenditures from the vocational education capital outlay aid account for
each such grant shall be matched by the area vocational school, the area vocational-technical
school or the technical college in an amount which is equal to 50% of the grant.


Postsecondary aid for vocational education $6,716,110

Technology innovation and internship program $200,000

Governor's teaching excellence scholarships program repayment fund No limit


Provided, That all expenditures from the Governor's teaching excellence scholarships pro-
gram repayment fund shall be to provide grants of $1,000 each to Kansas elementary and
secondary public school teachers who are accepted to participate in the national board for
professional teaching standards certification program under the Governor's teaching excel-
lence scholarships program which shall be administered by the state board of education:
Provided further, That each such grant shall be required to be matched on a $1 for $1 basis
from nonstate sources: And provided further, That award of each such grant shall be con-
ditioned upon the recipient entering into an agreement requiring the grant to be repaid if
the recipient fails to complete the course of training under the national board for profes-
sional teaching standards certification program: And provided further, That all moneys re-
ceived by the department of education for repayment of grants made under the Governor's
teaching excellence scholarships program shall be deposited in the state treasury and cred-
ited to this fund.

    (e) On September 15, 1998, December 15, 1998, April 15, 1999, or as soon after each
such date as moneys are available, the director of accounts and reports shall transfer
$2,472,555, and on June 15, 1999, or as soon after such date as moneys are available, the
director of accounts and reports shall transfer $2,472,558 from the Kansas economic de-
velopment endowment account of the state economic development initiatives fund of the
department of commerce and housing to the economic development initiatives fund of the
department of education.

    (f) On July 1, 1998, and quarterly thereafter, the director of accounts and reports shall
transfer $50,218 from the state highway fund of the department of transportation to the
school bus safety fund of the department of education.

    (g) In addition to the other purposes for which expenditures may be made from the
state budget stabilization fund for fiscal year 1999, expenditures may be made by the above
agency from the state budget stabilization fund for fiscal year 1999 for the following specified
purposes subject to the expenditure limitations prescribed therefor:


SBSF--technology equipment at community colleges and Washburnuniversity $2,000,000


Provided, That the above agency is hereby authorized to make expenditures from the
SBSF--technology equipment at community colleges and Washburn university account for
grants to community colleges and Washburn university pursuant to grant applications for
the purchase of technology equipment for instructional purposes, in accordance with guide-
lines established by the state board of education: Provided further, That all expenditures by
the above agency from the state budget stabilization fund for fiscal year 1999 from the
SBSF--technology equipment at community colleges and Washburn university account
shall be in addition to any expenditure limitation imposed on the state budget stabilization
fund for fiscal year 1999.


SBSF--technology equipment at unified school districts $10,000,000


Provided, That the above agency is hereby authorized to make expenditures from the
SBSF--technology equipment at unified school districts account for grants to unified school
districts pursuant to grant applications for the purchase of technology equipment for in-
structional purposes, in accordance with guidelines established by the state board of edu-
cation: Provided further, That all expenditures by the above agency from the state budget
stabilization fund for fiscal year 1999 from the SBSF--technology equipment at unified
school districts account shall be in addition to any expenditure limitation imposed on the
state budget stabilization fund for fiscal year 1999.


SBSF--technology equipment at area vocational-technical schools $1,000,000


Provided, That the above agency is hereby authorized to make expenditures from the
SBSF--technology equipment at area vocational-technical schools account for grants to area
vocational-technical schools pursuant to grant applications for the purchase of technology
equipment for instructional purposes, in accordance with guidelines established by the state
board of education: Provided further, That all expenditures by the above agency from the
state budget stabilization fund for fiscal year 1999 from the SBSF--technology equipment
at area vocational-technical schools account shall be in addition to any expenditure limitation
imposed on the state budget stabilization fund for fiscal year 1999.

    Sec. 124.

STATE LIBRARY
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $1,583,541


Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall be made only upon approval of
the state finance council: Provided further, That expenditures from the operating expendi-
tures account for official hospitality shall not exceed $1,300.


Grants to libraries and library systems $3,366,733


Provided, That, of the moneys appropriated in the grants to libraries and library systems
account $2,375,121 is to be distributed as grants-in-aid to libraries in accordance with K.S.A.
75-2555 and amendments thereto, $619,381 is to be distributed for interlibrary loan devel-
opment grants and $372,231 is to be paid according to contracts with the subregional li-
braries of the Kansas talking book services: Provided further, That the state librarian gen-
erates programs to work with local libraries to develop locally adopted policies for managing
internet access to illegal information on library computers.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


State library fund No limit

U.S. Department of Justice ADA fund No limit

Federal library services and technology act--fund No limit


Provided, That, of the money appropriated in the federal library services and technology
act--fund, $150,000 is to be used to purchase the first search database.

    (c) On July 1, 1998, the director of accounts and reports shall transfer all moneys cred-
ited to the federal library services and construction act--title I--fund, all moneys credited
to the federal library services and construction act--title II--fund and all moneys credited
to the federal library services and construction act--title III--fund to the federal library
services and technology act--fund which is hereby created in the state treasury. On July 1,
1998, all the outstanding obligations of the federal library services and construction act--
title I--fund, all the outstanding obligations of the federal library services and construction
act--title II--fund and all the outstanding obligations of the federal library services and
construction act--title III--fund are hereby transferred to and imposed on the federal
library services and technology act--fund. On July 1, 1998, after all such transfers of moneys
and obligations, the federal library services and construction act--title I--fund, the federal
library services and construction act--title II--fund and the federal library services and
construction act--title III--fund are hereby abolished.





    Sec. 125.

KANSAS ARTS COMMISSION
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $318,274


Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall not exceed $1,337 except upon
approval of the state finance council: Provided further, That expenditures from the operating
expenditures account for official hospitality shall not exceed $300: And provided further,
That expenditures may be made by the above agency from any amount of savings in the
operating expenditures account for the purpose of matching an equal or greater amount of
federal grant moneys or local grant moneys, or both, for each arts programming project.


Arts programming grants and challenge grants $1,152,938


Provided, That expenditures from this account shall be made only for the purpose of match-
ing an equal or greater amount of federal grant moneys or local grant moneys, or both, for
each arts programming project: Provided further, That expenditures from this account shall
be made in a manner to benefit the maximum number of Kansas communities in the de-
velopment of Kansas talent and art.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Kansas arts commission fee fund No limit

Kansas arts commission gifts, grants and bequests fund No limit

Kansas arts commission special gifts fund No limit

Arts programming grants fund No limit


Provided, That moneys received by the Kansas arts commission from the remittance of the
unexpended balance of arts programming grants to the commission shall be deposited in
the state treasury and credited to the arts programming grants fund: Provided further, That
expenditures from this fund shall be made only for the purpose of matching an equal or
greater amount of federal grant moneys or local grant moneys, or both, for each arts pro-
gramming project.

    Sec. 126.

KANSAS STATE SCHOOL FOR THE BLIND
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $4,155,823


Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall be made only upon approval of
the state finance council.


Arts for the handicapped $150,000


Any unencumbered balance in excess of $100 as of June 30, 1998, in the technology lending
library account is hereby reappropriated for fiscal year 1999: Provided, however, That all
expenditures from the technology lending library account shall be made only for the purpose
of matching an equal or greater amount of federal or other nonstate governmental grant
moneys or private grant or donation moneys, or any combination thereof, received by the
Kansas state school for the blind: Provided further, That no expenditures shall be made
from this account except upon approval of the state finance council acting on this matter
which is hereby characterized as a matter of legislative delegation and subject to the guide-
lines prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto, after re-
ceiving information that the Kansas state school for the blind has received the required
matching funds.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


General fees fund $37,457

Local services reimbursement fund No limit


Provided, That the Kansas state school for the blind is hereby authorized to assess and
collect a fee of 20% of the total cost of services provided to local school districts: Provided
further, That all moneys received from such fees shall be deposited in the state treasury
and credited to the local services reimbursement fund: And provided further, That all ex-
penditures from this fund shall be for capital outlay.


Student activity fees fund No limit

Special bequest fund No limit

Gift fund No limit

Technology lending library fund No limit

Food assistance--cash for commodities--federal fund No limit

Food assistance--breakfast--federal fund No limit

Food assistance--lunch--federal fund No limit

Chapter I handicapped--federal fund No limit

Education improvement--federal fund No limit

Math and science improvement--federal fund No limit

Elementary and secondary--federal fund No limit


    (c) In addition to the other purposes for which expenditures may be made from the
state budget stabilization fund for fiscal year 1999, expenditures may be made by the above
agency from the state budget stabilization fund for fiscal year 1999 for the following specified
purposes subject to the expenditure limitations prescribed therefor:


SBSF--technology equipment at Kansas state school for the blind $68,000


    Sec. 127.

KANSAS STATE SCHOOL FOR THE DEAF
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $7,046,432


Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall be made only upon approval of
the state finance council.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


General fees fund $87,000

Local services reimbursement fund No limit


Provided, That the Kansas state school for the deaf is hereby authorized to assess and collect
a fee of 20% of the total cost of services provided to local school districts: Provided further,
That all moneys received from such fees shall be deposited in the state treasury and credited
to the local services reimbursement fund: And provided further, That all expenditures from
this fund shall be for capital outlay.


Student activity fees fund No limit

Elementary and secondary education act--federal fund No limit

Vocational education fund--federal No limit

Special bequest fund No limit

Special workshop fund No limit

Gift fund No limit


    (c) In addition to the other purposes for which expenditures may be made from the
state budget stabilization fund for fiscal year 1999, expenditures may be made by the above
agency from the state budget stabilization fund for fiscal year 1999 for the following specified
purposes subject to the expenditure limitations prescribed therefor:


SBSF--technology equipment at Kansas state school for the deaf $68,000


    Sec. 128.

STATE HISTORICAL SOCIETY
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $5,901,860


Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall not exceed $183 except upon
approval of the state finance council: Provided further, That expenditures from the operating
expenditures account for official hospitality shall not exceed $2,500.


Kansas humanities council $100,000


Any unencumbered balance in excess of $100 as of June 30, 1998, in each of the following
accounts is hereby reappropriated for fiscal year 1999: Rehabilitation and repair projects;
flood plain improvements.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


General fees fund No limit

Archeology fee fund No limit


Provided, That expenditures may be made from the archeology fee fund for operating ex-
penses for providing archeological services by contract: Provided further, That the state
historical society is hereby authorized to fix, charge and collect fees for the sale of such
services: And provided further, That such fees shall be fixed in order to recover all or part
of the operating expenses incurred in providing archeological services by contract: And
provided further, That all fees received from such services shall be credited to the archeology
fee fund.


Microfilm fees fund No limit


Provided, That expenditures may be made from the microfilm fees fund for operating ex-
penses for providing microfilming services: Provided further, That the state historical society
is hereby authorized to fix, charge and collect fees for the sale of such services: And provided
further, That such fees shall be fixed in order to recover all or part of the operating expenses
incurred in providing microfilming services: And provided further, That all fees received
from such services shall be credited to the microfilm fees fund.


Historic properties fees fund No limit

National historic preservation act fund--state No limit

Historic preservation overhead fees fund No limit

National historic preservation act fund--local No limit

Private gifts, grants and bequests fund No limit

Insurance collection replacement/reimbursement fund No limit

Heritage trust fund No limit


Provided, That expenditures from the heritage trust fund for state operations shall not
exceed $68,639.


Land survey fee fund No limit

State historical society facilities fund No limit

Unmarked burial sites fund No limit

Historic properties fund No limit

Law enforcement memorial fund No limit

Federal grants fund No limit

Property sale proceeds fund No limit


Provided, That proceeds from the sale of property pursuant to K.S.A. 75-2701 and amend-
ments thereto shall be deposited in the state treasury and credited to the property sale
proceeds fund.


Economic development initiatives fund $101,560

EDIF--friends of the free state capitol grant fund $100,000


Provided, That no expenditures shall be made from the EDIF--friends of the free state
capitol grant fund until a valid purchase agreement that provides for the purchase of build-
ings located at 427-431 South Kansas Avenue in Topeka, KS, has been entered into: Provided
further, That the expenditures from this fund for the purchase of the buildings located at
427-431 South Kansas Avenue in Topeka, KS, shall not exceed $70,000: And provided
further, That the expenditures from this fund for purposes related to structural stabilization
of the buildings located at 427-431 South Kansas Avenue in Topeka, KS, shall not be less
than $30,000: And provided further, That the buildings located at 427-431 South Kansas
Avenue in Topeka, KS, are not and shall not be considered historic sites under the control
of the state historical society: And provided further, That no expenditures shall be made
from this fund until the state historical society has entered into a signed agreement with
the entity receiving the grant which provides that no additional state funding will be sought
for the buildings at 427-431 South Kansas Avenue in Topeka, KS, for a period of at least
five years.

    (c) On September 15, 1998, December 15, 1998, March 15, 1999, and June 15, 1999,
or as soon thereafter as moneys are available, the director of accounts and reports shall
transfer amounts specified by the executive director of the state historical society from the
Kansas economic development endowment account of the state economic development
initiatives fund of the department of commerce and housing to the economic development
initiatives fund of the state historical society. Such transfers, in the aggregate, shall not
exceed $100,000 during the fiscal year ending June 30, 1999.

    (d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $1,560 from the Kansas economic development endowment
account of the state economic development initiatives fund of the department of commerce
and housing to the economic development initiatives fund of the state historical society.

    Sec. 129. Position limitations. The number of full-time and regular part-time positions
equated to full-time, excluding seasonal and temporary positions, paid from appropriations
for fiscal year 1999 made in this or other appropriation act of the 1998 regular session of
the legislature for the following agency or agencies shall not exceed the following, except
upon approval of the state finance council:


State Library 27.0

Kansas Arts Commission 8.0

Kansas State School for the Blind 93.5

Kansas State School for the Deaf 202.5

State Historical Society 138.5


    Sec. 130.

FORT HAYS STATE UNIVERSITY
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures (including official hospitality) $28,540,086


Provided, That any unencumbered balance in the operating expenditures (including official
hospitality) account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal
year 1999: Provided further, That expenditures from this account may be made to pay faculty
and staff members retiring on or after July 1, 1962, the difference between the retirement
benefits established under the former unfunded state board of regents' retirement plan and
the benefits to which these individuals would be entitled under the Kansas public employees
retirement system.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures shall not exceed the following:


Parking fees fund No limit


Provided, That expenditures may be made from the parking fees fund for a capital improve-
ment project for parking lot improvements.


General fees fund $8,020,642


Provided, That expenditures from the general fees fund may be made only for salaries and
wages and for other operating expenditures and shall not be made for capital improvements:
Provided further, That any transfers of moneys from this fund to the equipment reserve
fund pursuant to subsection (c) shall be deemed expenditures for the purpose of the ex-
penditure limitation imposed on this fund.


Restricted fees fund No limit


Provided, That restricted fees shall be limited to receipts for the following accounts: Special
events; technology equipment; Gross coliseum services; performing arts center services;
farm income; choral music clinic; Reveille (yearbook); off-campus tours; memorial union
activities; student activity (unallocated); Leader (newspaper); conferences, clinics and work-
shops--noncredit; summer laboratory school; little theater; library services; student affairs;
speech and debate; student government; counseling center services; interest on local funds;
student identification cards; nurse education programs; national science foundation grants;
veterans administration; federal programs and research grants; athletics; placement fees;
continuing education classes; speech and hearing; child care services for dependent students;
computer services; interactive television contributions; midwestern student exchange; de-
partmental receipts for all sales, refunds and other collections not specifically enumerated
above: Provided, however, That the state board of regents, with the approval of the state
finance council acting on this matter which is hereby characterized as a matter of legislative
delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c and
amendments thereto, may amend or change this list of restricted fees: Provided further,
That all restricted fees shall be deposited to the credit of the appropriate account of the
restricted fees fund and shall be used solely for the specific purpose or purposes for which
collected: And provided further, That expenditures may be made from this fund to purchase
insurance for equipment purchased through research and training grants only if such grants
include money for and authorize the purchase of such insurance: And provided further,
That expenditures may be made from this fund to procure a policy of accident, personal
liability and excess automobile liability insurance insuring volunteers participating in the
senior companion program against loss in accordance with specifications of federal grant
guidelines as provided in K.S.A. 75-4101 and amendments thereto: And provided further,
That all amounts of tuition received from students participating in the midwestern student
exchange program shall be deposited to the credit of the midwestern student exchange
account of the restricted fees fund.


Education opportunity act--federal fund No limit

Service clearing fund No limit


Provided, That the service clearing fund shall be used for the following service activi-
ties: Computer services, storeroom for official supplies including office supplies, paper
products, janitorial supplies, printing and duplicating, car pool, postage, copy center, and
telecommunications and such other internal service activities as are authorized by the state
board of regents under K.S.A. 76-755 and amendments thereto.


Commencement fees fund No limit

Health fees fund No limit


Provided, That expenditures from the health fees fund may be made for the purchase of
medical malpractice liability coverage for individuals employed on the medical staff, includ-
ing pharmacists and physical therapists, at the student health center.


Student union fees fund No limit

Kansas career work study program fund No limit

Economic opportunity act--federal fund No limit

Kansas comprehensive grant fund No limit

Scholarship funds fund No limit

Health professions student assistance program fund No limit

Nine month payroll clearing account fund No limit

Oil research library gifts and grants fund No limit

National direct student loan fund No limit

Housing system revenue fund No limit

Institutional overhead fund $50,000

Oil and gas royalties fund No limit


Provided, That expenditures may be made from the oil and gas royalties fund only for
improvements at the university farm.


Equipment reserve fund No limit


Provided, That expenditures from the equipment reserve fund shall be made only for the
purchase of equipment.


Housing system suspense fund No limit

Housing system operations fund No limit

Housing system repairs, equipment and improvement fund No limit

Sponsored research overhead fund No limit

Wildlife art fund No limit

Kansas distinguished scholarship fund No limit


    (c) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer an amount specified by the president prior to July 1, 1999, from the general
fees fund to the equipment reserve fund.

    (d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer an amount specified by the president of not to exceed
$125,000 from the general fees fund to the national direct student loan fund.

    (e) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer an amount specified by the president of not to exceed
$85,000 from the general fees fund to the education opportunity act--federal fund.

    Sec. 131.

KANSAS STATE UNIVERSITY
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures (including official hospitality) $96,990,974


Provided, That any unencumbered balance in the operating expenditures (including official
hospitality) account of Kansas state university account in excess of $100 as of June 30, 1998,
is hereby reappropriated for fiscal year 1999: Provided, however, That expenditures from
this account may be made to pay faculty and staff members retiring on or after July 1, 1962,
the difference between the retirement benefits established under the former unfunded state
board of regents' retirement plan and the benefits to which these individuals would be
entitled under the Kansas public employees retirement system.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures shall not exceed the following:


Parking fees fund No limit


Provided, That Kansas state university may make expenditures from the parking fees fund
for debt service, financing costs and required reserves for the capital improvement project
to construct and pave campus parking lots pursuant to section 17(d) of chapter 25 of the
1989 Session Laws of Kansas: Provided, however, That all expenditures from this fund for
capital improvement projects for parking lot maintenance and improvements shall be in
addition to any expenditure limitation imposed on the total expenditures from this fund:
Provided further, That all expenditures from this fund for the payment of principal and
interest shall be in addition to any expenditure limitation imposed on this fund or any
account thereof.


General fees fund $40,907,590


Provided, That expenditures from the general fees fund may be made only for salaries and
wages and for other operating expenditures and shall not be made for capital improvements:
Provided further, That any transfers of moneys from this fund to the equipment reserve
fund pursuant to subsection (c) shall be deemed expenditures for the purpose of the ex-
penditure limitation imposed on this fund.


Interest on endowment fund $80,000

Restricted fees fund No limit


Provided, That restricted fees shall be limited to receipts for the following ac-
counts: Educational opportunity grants; technology equipment; human resources man-
agement system; computer services; copy centers; standardized test fees; placement center;
recreational services; professorships; student activities fees; army and aerospace uniforms;
aerospace uniform augmentation; biology sales and services; chemistry storeroom; field
camps; state department of education; physics storeroom; sponsored research, instruction,
public service, equipment and facility grants; ion collision laboratory--federal; chemical
engineering; nuclear engineering; contract--post office--federal government; library col-
lections; civil engineering; continuing education; sponsored construction or improvement
projects; attorney, educational and personal development, human resources; military cre-
dentials; student financial assistance; application for undergraduate programs; speech and
hearing fees; gifts; human development and family research and training; college of edu-
cation--publications and services; student financial assistance--federal reimbursement;
higher education act; guaranteed student loan application processing; student identification
card; auditorium receipts; refunds due to or from sponsors; catalog sales; emission spec-
troscopy fees; interagency consulting; sales and services of educational programs; transcript
fees; South Asian curriculum sales; human ecology storeroom; college of human ecology
sales; family resource center fees; human movement performance; application for post bac-
calaureate programs; art exhibit fees; college of education--Kansas careers; foreign student
application fee; student union repair and replacement reserve; bank compensation balance;
departmental receipts for all sales, refunds and other collections; institutional support fee;
miscellaneous renovations; speech receipts; art museum; exchange program; flight training
lab fees; off campus work study; parking fees; postage center; printing; short courses and
conferences; student government association receipts; regents educational communications
center; late registration fee; engineering equipment fee; biotechnology facility; English lan-
guage program; international programs; library expansion fee; federal direct student loans;
high-bay garage; Bramlage coliseum; and other specifically designated receipts not available
for general operations of the university: Provided further, That the state board of regents,
with the approval of the state finance council acting on this matter which is hereby char-
acterized as a matter of legislative delegation and subject to the guidelines prescribed in
subsection (c) of K.S.A. 75-3711c and amendments thereto, may amend or change this list
of restricted fees: And provided further, That all restricted fees shall be deposited to the
credit of the appropriate account of the restricted fees fund and shall be used solely for the
specific purpose or purposes for which collected: And provided further, That expenditures
may be made from this fund to purchase insurance for equipment purchased through re-
search and training grants only if such grants include money for and authorize the purchase
of such insurance: And provided further, That all amounts of tuition received from students
participating in the midwestern student exchange program shall be deposited to the credit
of the midwestern student exchange account of the restricted fees fund.


Kansas career work study program fund No limit

Service clearing fund No limit


Provided, That the service clearing fund shall be used for the following service activities:
Supplies stores; telecommunications services; photographic services; K-State printing serv-
ices; postage; facilities services; facilities carpool; data processing; public safety services;
facility planning services; facilities storeroom; computing activities--academic; computing
activities--administrative; and such other internal service activities as are authorized by the
state board of regents under K.S.A. 76-755 and amendments thereto.


Sponsored research overhead fund No limit


Provided, That the above agency may transfer moneys from the sponsored research overhead
fund of Kansas state university to the sponsored research overhead fund of Kansas state
university extension systems and agriculture research programs.


Housing system suspense fund No limit

Housing system operations fund No limit

Housing system repairs, equipment and improvement fund No limit

Student recreation building program fund No limit

Coliseum operations fund No limit

Coliseum gifts fund No limit

Mandatory retirement annuity clearing fund No limit

K-State sports network fund No limit

Student health fees fund No limit


Provided, That expenditures from the student health fees fund may be made for the pur-
chase of medical malpractice liability coverage for individuals employed on the medical
staff, including pharmacists and physical therapists, at the student health center.


Scholarship funds fund No limit

National direct student loan fund No limit

Nine month payroll clearing account fund No limit

Equipment reserve fund No limit


Provided, That expenditures from the equipment reserve fund shall be made only for the
purchase of equipment.


Howard Hughes grant fund No limit

U.S. army research grant--metal particle chemistry fund No limit

Board of regents--U.S. department of education awards fund No limit

Research projects grants fund No limit

Research projects grants matching fund No limit

State agricultural university fund No limit

Morrill Nelson--federal fund No limit

Federal extension civil service retirement clearing fund No limit

Salina--student union fees fund No limit

Salina--dormitory and food service fees fund No limit

Aeronautical program equipment--federal fund No limit

Kansas distinguished scholarship fund No limit

Tuition accountability fund No limit

Kansas comprehensive grant fund No limit

Temporary deposit fund No limit

Business procurement card clearing fund No limit

Suspense fund No limit

Voluntary tax shelter annuity clearing fund No limit

Agency payroll deduction clearing fund No limit

Payroll clearing fund No limit


    (c) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer an amount specified by the president prior to July 1, 1999, from the general
fees fund to the equipment reserve fund.

    (d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer an amount specified by the president of not to exceed
$97,924 from the general fees fund to the Perkins student loan fund.

    (e) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer an amount specified by the president of not to exceed
$172,000 from the general fees fund to the educational opportunity grants account of the
restricted fees fund.

    (f) Upon a finding by the director of the budget that the above agency realized an
increase in receipts to the general fees fund in the summer 1998 session, fall 1998 semester,
or spring 1999 semester above comparable periods in the preceding year, which increase in
receipts resulted from increases in enrollment, changes in resident and nonresident student
mix, or the imposition of a more restrictive tuition waiver policy, or any combination thereof,
the director of the budget shall certify such amount of increased receipts to the director of
accounts and reports. Upon receipt of such certification, the director of accounts and reports
shall transfer the amount certified from the general fees fund to the tuition accountability
fund.

    Sec. 132.

KANSAS STATE UNIVERSITY EXTENSION SYSTEMS AND
AGRICULTURE RESEARCH PROGRAMS
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures (including official hospitality) $724,164


Provided, That any unencumbered balance in the operating expenditures (including official
hospitality) account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal
year 1999.


Cooperative extension service (including official hospitality) $15,678,790


Provided, That any unencumbered balance in the cooperative extension service (including
official hospitality) account in excess of $100 as of June 30, 1998, is hereby reappropriated
for fiscal year 1999.


Agricultural experiment stations (including official hospitality) $26,725,417


Provided, That any unencumbered balance in the agricultural experiment stations (including
official hospitality) account in excess of $100 as of June 30, 1998, is hereby reappropriated
for fiscal year 1999.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures shall not exceed the following:


Restricted fees fund No limit


Provided, That restricted fees shall be limited to receipts for the following accounts: Plant
pathology; technology equipment; professorships; agricultural experiment station, director's
office; agronomy--Ashland farm; KSU agricultural research center--Hays; KSU southeast
agricultural research center; horticulture research center; KSU southwest research extension
council; agronomy--general; agronomy--experimental field crop sales; entomology sales;
grain science and industry products and service sales; food and nutrition research; extension
services and publication; sponsored construction or improvement projects; gifts; animal re-
source facility; animal health and disease research; higher education act; refunds due to or
from sponsors; sales and services of educational programs; animal sciences and industry
livestock and product sales; horticulture greenhouse and farm products sales; Konza prairie
operations; departmental receipts for all sales, refunds and other collections; institutional
support fee; KSU northwest research extension center operations; research projects grants;
research projects grants matching; sponsored research, public service, equipment and fa-
cility grants; statistical laboratory; equipment/pesticide storage building; other specifically
designated receipts not available for general operations of the university: Provided further,
That the state board of regents, with the approval of the state finance council acting on this
matter which is hereby characterized as a matter of legislative delegation and subject to the
guidelines prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto, may
amend or change this list of restricted fees: And provided further, That all restricted fees
shall be deposited to the credit of the appropriate account of the restricted fees fund and
shall be used solely for the specific purpose or purposes for which collected: And provided
further, That expenditures may be made from this fund to purchase insurance for equipment
purchased through research and training grants only if such grants include money for and
authorize the purchase of such insurance: And provided further, That expenditures may be
made from the farmers' assistance, counseling and training program account of the restricted
fees fund during fiscal year 1999.


Colby experiment station fee fund No limit

Fort Hays experiment station fee fund No limit

Fertilizer research fund No limit

Sponsored research overhead fund No limit

Federal extension fund $6,230,126

Federal experimental station fund $3,203,829

Smith-Lever special program grant--federal fund No limit

Kansas artificial breeding service unit fees fund No limit

Agricultural land use-value fund No limit

Irrigation research field fund $181,000


    (c) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $91,000 from the state water plan fund of the Kansas water
office to the irrigation research field fund of Kansas state university extension systems and
agriculture research programs.

    (d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $90,000 from the Kansas economic development endow-
ment account of the state economic development initiatives fund of the department of
commerce and housing to the irrigation research field fund of Kansas state university ex-
tension systems and agriculture research programs.

    Sec. 133.

KANSAS STATE UNIVERSITY VETERINARY MEDICAL CENTER
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures (including official hospitality) $9,309,505


Provided, That any unencumbered balance in the operating expenditures (including official
hospitality) account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal
year 1999.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures shall not exceed the following:


General fees fund $4,847,749


Provided, That any transfers of moneys from the general fees fund to the equipment reserve
fund pursuant to subsection (c) shall be deemed expenditures for the purpose of the ex-
penditure limitation imposed on this fund.


Hospital and diagnostic laboratory revenue fund $1,452,739


Provided, That all expenditures from the hospital and diagnostic laboratory revenue fund
for blood and blood products, ambulatory services, laboratory tests, and pharmaceutical and
surgical supplies shall be in addition to any expenditure limitation imposed on this fund.


Hospital and diagnostic laboratory improvement fund No limit

Restricted fees fund No limit


Provided, That restricted fees shall be limited to receipts for the following accounts: Spon-
sored research, instruction, public service, equipment and facility grants; technology equip-
ment; higher education act; dean of veterinary medicine receipts; gifts; application for post-
baccalaureate programs; embryo transfer unit; swine serology; sale barn; rapid focal
fluorescent inhibition test; storerooms; departmental receipts for all sales refunds and other
collections; other specifically designated receipts not available for general operation of the
Kansas state university veterinary medical center: Provided, however, That the state board
of regents, with the approval of the state finance council acting on this matter which is
hereby characterized as a matter of legislative delegation and subject to the guidelines
prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto, may amend or
change this list of restricted fees: Provided further, That all restricted fees shall be deposited
to the credit of the appropriate account of the restricted fees fund and shall be used solely
for the specific purpose or purposes for which collected: And provided further, That ex-
penditures may be made from this fund to purchase insurance for equipment purchased
through research and training grants only if such grants include money for and authorize
the purchase of such insurance.


Sponsored research overhead fund No limit

Health professions student loan fund No limit

H.E.W. veterinary revolving student loan fund No limit

Student loan funds fund No limit

Suspense fund No limit

Equipment reserve fund No limit


Provided, That expenditures from the equipment reserve fund shall be made only for the
purchase of equipment.

    (c) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer an amount specified by the president of Kansas state university prior to July
1, 1999, from the general fees fund to the equipment reserve fund.

    (d) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer an amount specified by the president of Kansas state university from the
hospital and diagnostic laboratory revenue fund to the hospital and diagnostic laboratory
improvement fund.

    Sec. 134.

EMPORIA STATE UNIVERSITY
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures (including official hospitality) $27,609,624


Provided, That any unencumbered balance in the operating expenditures (including official
hospitality) account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal
year 1999.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures shall not exceed the following:


Parking fees fund No limit


Provided, That expenditures may be made from the parking fees fund for a capital improve-
ment project for parking lot improvements.


General fees fund $8,210,994


Provided, That expenditures from the general fees fund may be made only for salaries and
wages and for other operating expenditures and shall not be made for capital improvements:
Provided further, That any transfer of moneys from this fund to the equipment reserve fund
as provided in subsection (c) shall be deemed expenditures for the purpose of the expend-
iture limitation imposed on this fund.


Interest fund $29,000

Restricted fees fund No limit


Provided, That restricted fees shall be limited to receipts for the following accounts: Com-
puter services, student activity; technology equipment; student union; sponsored research;
computer services; extension classes; national science foundation grants; national defense
education act; gifts and grants (for teaching, research and capital improvements); business
school contributions; state department of education (vocational); elementary and secondary
education act--federal; library services; library collections; interest on local funds; receipts
from conferences, clinics, and workshops held on campus for which no college credit is
given; physical plant reimbursements from auxiliary enterprises; midwestern exchange; de-
partmental receipts--for all sales, refunds and other collections or receipts not specifically
enumerated above: Provided, however, That the state board of regents, with the approval
of the state finance council acting on this matter which is hereby characterized as a matter
of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A.
75-3711c and amendments thereto, may amend or change this list of restricted fees: Pro-
vided further, That all restricted fees shall be deposited to the credit of the appropriate
account of the restricted fees fund and shall be used solely for the specific purpose or
purposes for which collected: And provided further, That expenditures may be made from
this fund to purchase insurance for equipment purchased through research and training
grants only if such grants include money for and authorize the purchase of such insurance:
And provided further, That all amounts of tuition received from students participating in
the midwestern student exchange program shall be deposited to the credit of the midwestern
student exchange account of the restricted fees fund.


Service clearing fund No limit


Provided, That the service clearing fund shall be used for the following service activities:
Telecommunications services; office supplies inventory; state car operation; E.S.U. press
including duplicating and reproducing; postage; physical plant storeroom including motor
fuel inventory; data processing center; and such other internal service activities as are au-
thorized by the state board of regents under K.S.A. 76-755 and amendments thereto.


Commencement fees fund No limit

Kansas career work study program fund No limit

Student health fees fund No limit


Provided, That expenditures from the student health fees fund may be made for the pur-
chase of medical malpractice liability coverage for individuals employed on the medical
staff, including pharmacists and physical therapists, at the student health center.


Bureau of educational measurements fund No limit

Scholarship funds fund No limit

National direct student loan fund No limit

Economic opportunity act--work study--federal fund No limit

Educational opportunity grants--federal fund No limit

Basic opportunity grant program--federal fund No limit

Research and institutional overhead fund No limit

Equipment reserve fund No limit


Provided, That expenditures from the equipment reserve fund shall be made only for the
purchase of equipment.


Kansas comprehensive grant fund No limit

Housing system suspense fund No limit

Housing system operations fund No limit

Housing system repairs, equipment and improvement fund No limit

Kansas distinguished scholarship fund No limit


    (c) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer an amount specified by the president prior to July 1, 1999, from the general
fees fund to the equipment reserve fund.

    (d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer an amount specified by the president of not to exceed
$30,000 from the general fees fund to the national direct student loan fund.

    (e) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer an amount specified by the president of not to exceed
$70,000 from the general fees fund to the educational opportunity grants--federal fund.

    (f) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $50,536 from the student union account of the restricted
fees fund of Emporia state university to the state general fund.

    (g) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $2,447 from the housing systems operations fund of Em-
poria state university to the state general fund.

    Sec. 135.

PITTSBURG STATE UNIVERSITY
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures (including official hospitality) $30,326,884


Provided, That any unencumbered balance in the operating expenditures (including official
hospitality) account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal
year 1999: Provided further, That expenditures from this account may be made to pay faculty
and staff members retiring on or after July 1, 1962, the difference between the retirement
benefits under the former unfunded state board of regents' retirement plan and the benefits
to which these individuals would be entitled under the Kansas public employees retirement
system.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures shall not exceed the following:


Parking fees fund No limit


Provided, That expenditures may be made from the parking fees fund for capital improve-
ment projects for parking lot improvements.


General fees fund $9,965,170


Provided, That expenditures from the general fees fund may be made only for salaries and
wages and for other operating expenditures and shall not be made for capital improvements:
Provided further, That any transfers of moneys from this fund to the equipment reserve
fund pursuant to subsection (c) shall be deemed expenditures for the purpose of the ex-
penditure limitation imposed on this fund.


Restricted fees fund No limit


Provided, That restricted fees shall be limited to receipts for the following accounts: Com-
puter services; technology equipment; student activity fee accounts; commencement fees;
ROTC activities; continuing education receipts; vocational auto parts and service fees; re-
ceipts from camps, conferences and meetings held on campus; national science foundation
grants, department of education, and other federal grants, including Pell grants, SEOG
grants; flight training; library service collections and fines; state department of education
and grants from other state agencies; Midwest Quarterly; chamber music series; con-
tract--post office; gifts and grants; general fees transfer for SEOG match; intensive English
program; business and technology institute; public sector radio station activities; economic
opportunity--state match; research projects grants; career work study; regents supplemental
grants; contiguous county fees except that expenditures from the contiguous county fees
account are limited to the total tuition paid by 100 new students per year, up to a maximum
of 400 students; midwestern student exchange; departmental receipts, and other specifically
designated receipts not available for general operations of the university: Provided, however,
That the state board of regents, with the approval of the state finance council acting on this
matter which is hereby characterized as a matter of legislative delegation and subject to the
guidelines prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto, may
amend or change this list of restricted fees: Provided further, That all restricted fees shall
be deposited to the credit of the appropriate account of the restricted fees fund and shall
be used solely for the specific purpose or purposes for which collected: And provided fur-
ther, That expenditures may be made from this fund to purchase insurance for equipment
purchased through research and training grants only if such grants include money for and
authorize the purchase of such insurance: And provided further, That surplus restricted fees
moneys generated by the music department may be transferred to the Pittsburg state uni-
versity foundation, inc. for the express purpose of awarding music scholarships: And pro-
vided further, That all amounts of tuition received from students participating in the mid-
western student exchange program shall be deposited to the credit of the midwestern
student exchange account of the restricted fees fund.


Service clearing fund No limit


Provided, That the service clearing fund shall be used for the following service activities:
Duplicating and printing services; instructional media division; office stationery and supplies;
motor carpool; postage services; telephone services; data processing; and such other internal
service activities as are authorized by the state board of regents under K.S.A. 76-755 and
amendments thereto.


Hospital and student health fees fund No limit


Provided, That expenditures from the hospital and student health fees fund may be made
for the purchase of medical malpractice liability coverage for individuals employed on the
medical staff, including pharmacists and physical therapists, at the student health center:
Provided further, That expenditures may be made from this fund for capital improvement
projects for hospital and student health center improvements.


Perkins student loan fund No limit

Sponsored research overhead fund $0

College work study fund No limit

Nursing student loan fund No limit

Equipment reserve fund No limit


Provided, That expenditures from the equipment reserve fund shall be made only for the
purchase of equipment.


Housing system suspense fund No limit

Housing system operations fund No limit

Housing system repairs, equipment and improvement fund No limit


Provided, That expenditures may be made from the housing system repairs, equipment and
improvement fund for capital improvement projects for housing system maintenance and
improvements.


Kansas comprehensive grant fund No limit

Kansas distinguished scholarship program fund No limit


    (c) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer an amount specified by the president prior to July 1, 1999, from the general
fees fund to the equipment reserve fund.

    (d) During the fiscal year ending June 30, 1999, upon certification by the president, the
director of accounts and reports shall transfer an amount not to exceed $105,000, from the
general fees fund to the following specified funds and accounts: Perkins student loan fund;
economic opportunity--state match account of the restricted fee fund; nursing student loan
fund.

    Sec. 136.

UNIVERSITY OF KANSAS
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures (including official hospitality) $118,234,732


Provided, That any unencumbered balance in the operating expenditures (including official
hospitality) account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal
year 1999.


Geological survey $5,786,239


Provided, That any unencumbered balance in the geological survey account in excess of
$100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures shall not exceed the following:


Parking facilities revenue fund No limit


Provided, That transfers of moneys from the parking facilities revenue fund to bond funds
pursuant to bond agreements shall be in addition to any expenditure limitation imposed on
this fund.


General fees fund $74,289,000


Provided, That expenditures from the general fees fund may be made only for salaries and
wages and for other operating expenditures, but shall not be made for capital improvements:
Provided further, That any transfers of moneys from this fund to the equipment reserve
fund pursuant to subsection (c) shall be deemed expenditures for the purpose of the ex-
penditure limitation imposed on this fund: And provided further, That, subject to approval
by the state board of regents under K.S.A. 76-719 and amendments thereto, the university
of Kansas is hereby authorized to fix, charge and collect a fee of not more than $70 per
student credit hour on courses offered by the school of law for students entering law school
after April 1, 1997, and $40 per student credit hour for all other students: And provided
further, That all moneys received for such fee shall be credited to the school of law credit
hour fee account of this fund: And provided further, That expenditures from the school of
law credit hour fee account shall not exceed $830,000: And provided further, That, subject
to approval by the state board of regents under K.S.A. 76-719 and amendments thereto, the
university of Kansas is hereby authorized to fix, charge and collect a fee of not more than
$85 per student credit hour on courses offered by the school of pharmacy: And provided
further, That all moneys received for such fee shall be credited to the school of pharmacy
credit hour fee account of this fund: And provided further, That all expenditures from the
school of pharmacy credit hour fee account of this fund shall be for school of pharmacy
faculty salaries and other operating expenditures in order to provide faculty and student
support services, clerkships and externships for students, and for school of pharmacy in-
structional equipment and supplies: And provided further, That expenditures from the
school of pharmacy credit hour fee account of this fund shall not exceed $720,000: And
provided further, That all moneys received for tuition for students enrolled in courses on
the Edwards campus shall be deposited in this fund: And provided further, That the director
of accounts and reports shall transfer on a periodic basis amounts generated from such
courses in excess of $2,131,265 as specified by the chancellor of the university of Kansas,
or the chancellor's designee, from the general fees fund to the regents center development
fund.


Regents center development fund No limit


Provided, That expenditures shall be made from this fund for program operation and de-
velopment at the regents center on the Edwards campus.


Interest fund $20,000

Sponsored research overhead fund No limit

Law enforcement training center fund No limit


Provided, That expenditures may be made from the law enforcement training center fund
to cover the costs of tuition for students enrolled in the law enforcement training program
in addition to the costs of salaries and wages and other operating expenditures for the
program: Provided, however, That any academic credit granted through this program shall
not be included in the university's budgeted enrollment figures: Provided further, That the
amount of any unencumbered balance of the amount made available for expenditure from
this fund for capital improvements in fiscal year 1993 by section 9(b) of chapter 215 of the
1992 Session Laws of Kansas and amendments thereto is hereby authorized to be expended
during fiscal year 1999: And provided further, That expenditures may be made from this
fund for the acquisition of tracts of land adjacent to the law enforcement training center.


Law enforcement training center fees fund No limit


Provided, That all moneys received for tuition from students enrolling in the basic law
enforcement training program for undergraduate or graduate credit shall be deposited in
the state treasury and credited to the law enforcement training center fees fund.


Restricted fees fund No limit


Provided, That restricted fees shall be limited to receipts for the following accounts: Institute
for public policy and business research; technology equipment; clinical psychology confer-
ence; concert course; dormitory maintenance; speech and hearing clinic; perceptual motor
clinic; application for admission fees; named professorships; summer institutes and work-
shops; dramatics; economic opportunity act; executive management; continuing education
programs; geology field trips; gifts and grants; extension services; counseling center; invest-
ment income from bequests; housing and dormitories; endowment research salaries; engi-
neering research salaries; music and art camp; national defense education programs; child
development lab preschools; orientation center; educational placement; press publications;
Rice estate educational project; sponsored research; student activities; sale of surplus books
and art objects; building use charges; Kansas applied remote sensing program; executive
master's degree in business administration; applied English center; cartographic services;
economic education; study abroad programs; computer services; recreational activities; an-
imal care activities; geological survey; engineering equipment fee; midwestern student
exchange; department commercial receipts for all sales, refunds, and all other collections or
receipts not specifically enumerated above: Provided, further, That the state board of re-
gents, with the approval of the state finance council acting on this matter which is hereby
characterized as a matter of legislative delegation and subject to the guidelines prescribed
in subsection (c) of K.S.A. 75-3711c and amendments thereto, may amend or change this
list of restricted fees: And provided further, That all restricted fees shall be deposited to
the credit of the appropriate account of the restricted fees fund and shall be used solely for
the specific purpose or purposes for which collected: And provided further, That expendi-
tures may be made from this fund to purchase insurance for equipment purchased through
research and training grants only if such grants include money for and authorize the purchase
of such insurance: And provided further, That all amounts of tuition received from students
participating in the midwestern student exchange program shall be deposited to the credit
of the midwestern student exchange account of the restricted fees fund.


Service clearing fund No limit


Provided, That the service clearing fund shall be used for the following service activities:
Dormitory food stores; university motor pool; furniture stores; business office stores; uni-
versity printing service; military uniforms; telecommunications service; and such other in-
ternal service activities as are authorized by the state board of regents under K.S.A. 76-755
and amendments thereto.


Health service fund No limit


Provided, That expenditures from the health service fund may be made for the purchase of
medical malpractice liability coverage for individuals employed on the medical staff, includ-
ing pharmacists and physical therapists, at the student health center.


Kansas career work study program fund No limit

Student union fund No limit

Scholarship funds fund No limit

National direct student loan fund No limit


Provided, That expenditures from the national direct student loan fund shall be used for
the federal Perkins loan and loans for disadvantaged students programs.


Revolving student loan fund No limit

Ford foundation--forgivable loan fund No limit

Health professions student loan fund No limit

Historical sites grant fund No limit

Geological survey fund No limit

Equipment reserve fund No limit


Provided, That expenditures from the equipment reserve fund shall be made only for the
purchase of equipment.


Research projects grants fund No limit

Research projects grants matching fund No limit

Housing system suspense fund No limit

Housing system revenue fund No limit

Housing system operations fund No limit

Housing system repairs, equipment and improvement fund No limit

Educational opportunity act--federal fund No limit

Loans for disadvantaged students fund No limit

Prepaid tuition fees clearing fund No limit

Kansas distinguished scholarship fund No limit

Kansas comprehensive grant fund No limit

Tuition accountability fund No limit


    (c) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer an amount specified by the chancellor prior to July 1, 1999, from the general
fees fund to the equipment reserve fund.

    (d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer amounts specified by the chancellor of the university of
Kansas of not to exceed a total of $285,000 for all such amounts, from the general fees fund
to the following funds: The federal Perkins student loan fund, federal supplemental edu-
cational opportunity fund, federal disadvantaged student loan fund, the federal health pro-
fessions student loan fund and other campus-based loan programs sponsored by the federal
government.

    (e) Upon a finding by the director of the budget that the above agency realized an
increase in receipts to the general fees fund in the summer 1998 session, fall 1998 semester,
or spring 1999 semester above comparable periods in the preceding year, which increase in
receipts resulted from increases in enrollment, changes in resident and nonresident student
mix, or the imposition of a more restrictive tuition waiver policy, or any combination thereof,
the director of the budget shall certify such amount of increased receipts to the director of
accounts and reports. Upon receipt of such certification, the director of accounts and reports
shall transfer the amount certified from the general fees fund to the tuition accountability
fund.

    Sec. 137.

UNIVERSITY OF KANSAS MEDICAL CENTER
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures (including official hospitality) $91,479,083


Provided, That any unencumbered balance in the operating expenditures (including official
hospitality) account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal
year 1999: Provided further, That expenditures may be made from this account for the
purchase of malpractice insurance for students in training at the university of Kansas school
of medicine, nursing and allied health: And provided further, That such malpractice insur-
ance shall be approved by the commissioner of insurance of the state of Kansas: And pro-
vided further, That expenditures from this account may be used to reimburse medical res-
idents in residency programs located in Kansas City at the university of Kansas medical
center for the purchase of health insurance for residents' dependents.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures shall not exceed the following:


General fees fund $9,978,495


Provided, That any transfers of moneys from this fund to the equipment reserve fund pur-
suant to subsection (e) shall be deemed expenditures for the purpose of the expenditure
limitation imposed on this fund.


Hospital revenue fund No limit


Provided, That all receipts for patient care services shall be credited to the hospital revenue
fund: Provided further, That the director of accounts and reports shall transfer monthly an
amount specified by the chancellor of the university of Kansas, or the chancellor's designee,
from the hospital revenue fund to the attorney collection fees and collection office expenses
account of the restricted fees fund and to the department of social and rehabilitation services
cost-sharing account of the restricted fees fund: And provided further, That all such transfers
shall be in addition to any expenditure limitation imposed on this fund: And provided fur-
ther, That expenditures may be made from this fund for renovations, remodeling and im-
provements to the existing hospital physical plant: And provided further, That no expendi-
ture shall be made for any such capital improvement project without prior approval by the
state board of regents and the director of architectural services of the department of ad-
ministration and without prior presentation of such capital improvement project to the joint
committee on state building construction: And provided further, That expenditures may be
made from this fund for official hospitality.


Restricted fees fund No limit


Provided, That restricted fees shall be limited to the following accounts: Reimbursable items
for patients and others; technology equipment; computer services; salaries reimbursed by
the Kansas university endowment association; postgraduate fees; pathology fees; gift re-
ceipts; sponsored research; departmental commercial receipts; attorney collection fees and
collection office expenses; department of social and rehabilitation services cost-sharing; and
midwestern student exchange: Provided, however, That the state board of regents, with the
approval of the state finance council acting on this matter which is hereby characterized as
a matter of legislative delegation and subject to the guidelines prescribed in subsection (c)
of K.S.A. 75-3711c and amendments thereto, may amend or change this list of restricted
fees: And provided further, That all restricted fees shall be deposited to the credit of the
appropriate account of the restricted fees fund and shall be used solely for the specific
purpose or purposes for which collected: And provided further, That expenditures may be
made from this fund to purchase insurance for equipment purchased through research and
training grants only if such grants include money for and authorize the purchase of such
insurance: And provided further, That all amounts of tuition received from students partic-
ipating in the midwestern student exchange program shall be deposited to the credit of the
midwestern student exchange account of the restricted fees fund.


Sponsored research overhead fund No limit

Parking fees fund No limit

Hospital overhead reimbursements fund No limit

University of Kansas hospital depreciation reserve fund No limit

Service clearing fund No limit


Provided, That the service clearing fund shall be used for the following service activities:
Print shop; purchasing storeroom; university motor pool; clothing (uniforms); physical plant
storeroom; photo supplies; telecommunications services; facilities operations discretionary
repairs; animal care; paging equipment; biomedical engineering; audiovisual services; com-
puter services; and such other internal service activities as are authorized by the state board
of regents under K.S.A. 76-755 and amendments thereto.


College work-study fund No limit

Student union fees fund No limit

Scholarship funds fund No limit

Advances fund--department of social and rehabilitation services No limit

Health professions student loan fund--medical students No limit

Health professions student loan fund--nursing students No limit

Revolving student loans fund No limit

Student loans fund No limit

Suspense fund No limit

Prepaid tuition fees clearing fund No limit

Educational opportunity grant fund No limit

Basic educational opportunity grant fund No limit

National direct student loan fund No limit

Medical scholarship and loan repayment fund $1,893,725


Provided, That expenditures from this fund for attorney fees and litigation costs associated
with the administration of the medical scholarship and loan program shall be in addition to
any expenditure limitation imposed on the operating expenditures account of the medical
scholarship and loan repayment fund or on the total expenditures from the medical schol-
arship and loan repayment fund.


Equipment reserve fund No limit


Provided, That expenditures from the equipment reserve fund shall be made only for the
purchase of equipment.


University of Kansas medical center private practice foundation reservefund No limit

University of Kansas hospital professional liability self-insurance fund No limit

Hospital refunding principal and interest sinking fund No limit


    (c) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer amounts specified by the chancellor of the university of
Kansas of not to exceed a total of $125,000 for all such amounts, from the general fees fund
to the following funds: National direct student loan fund; federal basic educational op-
portunity grant fund; federal college work-study fund; health professions student loan
fund--medical students; health professions student loan fund--nursing students.

    (d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer an amount specified by the chancellor of the university of
Kansas of not to exceed $9,404,401 from the hospital revenue fund to the hospital overhead
reimbursements fund.

    (e) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer an amount specified by the chancellor prior to July 1, 1999, from the general
fees fund to the equipment reserve fund.

    (f) During the fiscal year ending June 30, 1999, medical students enrolled at the uni-
versity of Kansas medical center are hereby self-insured by the state of Kansas while in
clinical training at the university of Kansas medical center or at other health care institutions.
Such individuals shall be considered employees for purposes of the Kansas tort claims act
and shall be provided defense and indemnification for claims arising out of their clinical
training at the university of Kansas medical center or at other health care institutions in
accordance with the provisions of the Kansas tort claims act.

    (g) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer amounts specified by the chancellor of the university of Kansas from the
hospital revenue fund to the university of Kansas hospital professional liability self-insurance
fund and to the university of Kansas hospital depreciation reserve fund.

    Sec. 138.

WICHITA STATE UNIVERSITY
    (a) There is appropriated for the above agency from the state general fund, the follow-
ing:


Operating expenditures (including official hospitality) $59,726,216


Provided, That any unencumbered balance in the operating expenditures (including official
hospitality) account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal
year 1999.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures shall not exceed the following:


General fees fund $25,982,576


Provided, That expenditures from the general fees fund may be made only for salaries and
wages and for other operating expenditures and shall not be made for capital improvements:
Provided further, That any transfers of moneys from this fund to the equipment reserve
fund pursuant to subsection (c) shall be deemed expenditures for the purpose of the ex-
penditure limitation imposed on this fund.


Restricted fees fund No limit


Provided, That restricted fees shall be limited to receipts for the following accounts: Summer
school workshops; technology equipment; concert course; dramatics; continuing education;
flight training; gifts and grants (for teaching, research, and capital improvements); testing
service; state department of education (vocational); investment income from bequests; sale
of surplus books and art objects; public service; veterans counseling and educational benefits;
sponsored research; campus privilege fee; student activities; national defense education pro-
grams; engineering equipment fee; midwestern student exchange; departmental re-
ceipts--for all sales, refunds and other collections or receipts not specifically enumerated
above: Provided further, That the state board of regents, with the approval of the state
finance council acting on this matter which is hereby characterized as a matter of legislative
delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c and
amendments thereto, may amend or change this list of restricted fees: And provided further,
That all restricted fees shall be deposited to the credit of the appropriate account of the
restricted fees fund and shall be used solely for the specific purpose or purposes for which
collected: And provided further, That expenditures may be made from this fund to purchase
insurance for equipment purchased through research and training grants only if such grants
include money for and authorize the purchase of such insurance: And provided further,
That expenditures from this fund may be made for the purchase of medical malpractice
liability coverage for individuals employed on the medical staff at the student health center:
And provided further, That all amounts of tuition received from students participating in
the midwestern student exchange program shall be deposited to the credit of the midwestern
student exchange account of the restricted fees fund.


Service clearing fund No limit


Provided, That the service clearing fund shall be used for the following service activities:
Central service duplicating and reproducing bureau; automobiles; furniture stores; postal
clearing; telecommunication; computer service; and such other internal service activities as
are authorized by the state board of regents under K.S.A. 76-755 and amendments thereto.


On-campus parking revenue fund No limit

Kansas career work study program fund No limit

National direct student loan fund No limit

Scholarship funds fund No limit

Sponsored research fund No limit

Sponsored research overhead fund No limit

Economic opportunity act--federal fund No limit

Education opportunity grant--federal fund No limit

Work-study program fund No limit

Health professions student assistance program--loans fund No limit

Nine month payroll clearing account fund No limit

Equipment reserve fund No limit


Provided, That expenditures from the equipment reserve fund shall be made only for the
purchase of equipment.


Research projects grants fund No limit

Research projects grants matching fund No limit

Pell grants fund No limit

Housing system suspense fund No limit

Housing system renovation principal and interest fund No limit

Housing system repairs, equipment and improvement fund No limit

WSU housing system depreciation and replacement fund No limit

Perkins loan fund No limit

Kansas distinguished scholarship fund No limit

Kansas comprehensive grant fund No limit

1971 academic and service building maintenance fund No limit

WSU housing systems revenue fund No limit

1976 dormitory maintenance reserve fund No limit

Tuition accountability fund No limit


    (c) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer an amount specified by the president prior to July 1, 1999, from the general
fees fund to the equipment reserve fund.

    (d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer an amount specified by the president of not to exceed
$120,000 from the general fees fund to the education opportunity grant--federal fund.

    (e) Upon a finding by the director of the budget that the above agency realized an
increase in receipts to the general fees fund in the summer 1998 session, fall 1998 semester,
or spring 1999 semester above comparable periods in the preceding year, which increase in
receipts resulted from increases in enrollment, changes in resident and nonresident student
mix, or the imposition of a more restrictive tuition waiver policy, or any combination thereof,
the director of the budget shall certify such amount of increased receipts to the director of
accounts and reports. Upon receipt of such certification, the director of accounts and reports
shall transfer the amount certified from the general fees fund to the tuition accountability
fund.

    (f) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $184,902 from the WSU housing systems revenue fund of
Wichita state university to the state general fund.

    Sec. 139.

STATE BOARD OF REGENTS
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures (including official hospitality) $1,798,612


Provided, That any unencumbered balance in the operating expenditures (including official
hospitality) account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal
year 1999: Provided further, That the state board of regents is hereby authorized to transfer
moneys from this account to an account or accounts of the restricted fees fund of any
institution under its jurisdiction for the support of regents distinguished professors, Kansas
regents honors academy or the Kansas council on economic education.


State scholarship program $1,001,457


Provided, That expenditures may be made from the state scholarship program account for
the state scholarship program under K.S.A. 72-6816 and amendments thereto and for the
Kansas distinguished scholarship program under K.S.A. 74-3278 through 74-3283 and
amendments thereto: Provided further, That of the total amount appropriated in the state
scholarship program account the amount of $25,000 is dedicated for the Kansas distin-
guished scholarship program.


Comprehensive Grant program $9,620,000

Ethnic minority scholarship program $310,000


Provided, That any unencumbered balance in the ethnic minority scholarship program ac-
count in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999.


Ethnic minority fellowship program $156,000


Provided, That any unencumbered balance in the ethnic minority fellowship program ac-
count in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999.


Kansas work-study program $517,227


Provided, That the state board of regents is hereby authorized to transfer moneys from the
Kansas work-study program account to the Kansas career work study program fund of any
institution under its jurisdiction participating in the Kansas work-study program established
by K.S.A. 74-3274 et seq., and amendments thereto: Provided further, That all moneys
transferred from this account to the Kansas career work study program fund of any such
institution shall be expended for and in accordance with the Kansas work-study program.


ROTC scholarship reimbursement $184,421


Provided, That all expenditures from the ROTC scholarship reimbursement account for
reimbursements under K.S.A. 74-3256 and amendments thereto to any state educational
institution under the jurisdiction of the state board of regents shall be made as transfers to
the general fees fund of such state educational institution as a transaction between state
agencies in accordance with subsection (b) of K.S.A. 75-5516 and amendments thereto.


Teachers scholarship program $298,215

Vocational scholarships $100,000

Nursing student scholarship program $240,567


Provided, That any unencumbered balance in the nursing student scholarship program ac-
count in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999.


Municipal university operating grant $7,902,169

Expenses for recruiting, interviewing and selecting chief executive officersof institutions and state board of regents (including official hospitalityand directly related operating expenditures) $25,000


Provided, That expenditures may be made from the expenses for recruiting, interviewing
and selecting chief executive officers of institutions and state board of regents (including
official hospitality and directly related operating expenditures) account to reimburse the
actual expenditures of applicants, members of the state board of regents and designated
personnel and applicants' spouses when accompanying applicants on official business.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures shall not exceed the following:


Osteopathic scholarship repayment fund $540,000

Vocational education scholarship examination fees fund No limit

Vocational education scholarship discontinued attendance fund No limit

Student incentive grant fund--federal No limit

Regents' scholarship gift fund No limit


Provided, That expenditures may be made from the regents' scholarship gift fund for schol-
arships awarded to Kansas residents who are attending institutions of postsecondary edu-
cation in Kansas which are authorized under the laws of this state to award academic degrees
and who meet academic and other eligibility criteria established by the state board of regents
by rules and regulations: Provided, however, That a financial needs test shall not be one of
the eligibility criteria established by the state board of regents for such scholarships: Pro-
vided further, That no scholarship awarded from this fund shall exceed $2,000 per academic
year: And provided further, That any recipient of a scholarship awarded from this fund may
also receive either a state scholarship under K.S.A. 72-6810 to 72-6816, inclusive, and
amendments thereto or a tuition grant under K.S.A. 72-6107 to 72-6111, inclusive, and
amendments thereto, or both: And provided further, That there shall be no reduction of
any scholarship awarded from this fund for the amount of any such state scholarship or
tuition grant received.


Earned indirect costs fund--federal No limit

Paul Douglas teacher scholarship fund--federal No limit

Education for economic security grant--federal fund No limit

Comprehensive grant program discontinued attendance fund No limit

State scholarship discontinued attendance fund No limit

Kansas ethnic minority fellowship program fund No limit

Private postsecondary educational institution degree authorization
expense reimbursement fee fund
No limit

Voluntary tax sheltered annuity clearing fund No limit

Substance abuse education fund--federal No limit

Mandatory retirement annuity clearing fund No limit

Nursing student scholarship program fund No limit

Kansas ethnic minority discontinued attendance fund No limit

Clearing fund No limit

Conversion of materials and equipment fund No limit

Teacher scholarship program fund No limit

Financial aid services fee fund No limit


Provided, That expenditures may be made from the financial aid services fee fund for op-
erating expenditures directly or indirectly related to the operating costs associated with
administering the Kansas osteopathy scholarship program, Kansas optometric scholarship
program, Kansas nursing scholarship program and Kansas teacher scholarship program:
Provided further, That the executive officer of the state board of regents is hereby authorized
to fix, charge and collect fees for the processing of all new and renewal applications under
the Kansas osteopathy scholarship program, Kansas optometric scholarship program, Kansas
nursing scholarship program and Kansas teacher scholarship program: And provided further,
That such fees shall be fixed in order to recover all or a part of the direct and indirect
operating expenses incurred for administering such scholarship programs: And provided
further, That all moneys received for such fees shall be deposited in the state treasury and
credited to this fund.


Optometry education repayment fund No limit

Teacher scholarship repayment fund No limit

Advanced registered nurse practitioner program fund No limit

Nursing student scholarship discontinued attendance fund No limit

Nursing student scholarship repayment fund No limit

Kansas state geography education endowment program fund No limit


Provided, That all moneys received from the national geographic society foundation to create
a Kansas state geography education endowment program shall be deposited in the state
treasury and credited to the Kansas state geography education endowment fund.


EDIF--national geographic society education foundation endowmentfund $250,000


Provided, That all expenditures from the EDIF--national geographic society education
foundation endowment fund shall be matched on a $1 for $1 basis by expenditures from
the Kansas state geography education endowment program fund so that expenditures for
the Kansas state geography education endowment program are equally supported by funds
received from the national geographic society foundation and from the Kansas economic
development endowment account of the state economic development initiatives fund: Pro-
vided further, That the state board of regents shall implement and administer the Kansas
state geography education endowment program.

    (c) In addition to the other purposes for which expenditures may be made from the
state budget stabilization fund for fiscal year 1999, expenditures and transfers may be made
by the above agency from the state budget stabilization fund for fiscal year 1999 for the
following specified purposes subject to the expenditure limitations prescribed therefor:


SBSF--technology equipment at regents institutions $5,000,000


Provided, That the state board of regents is hereby authorized to transfer moneys from the
SBSF--technology equipment at regents institutions account to an account or accounts of
the restricted fees fund of any institution under its jurisdiction for the purchase of technology
equipment for instructional purposes, in accordance with guidelines established by the state
board of regents: Provided further, That all such transfers by the state board of regents from
the state budget stabilization fund for fiscal year 1999 from the SBSF--technology equip-
ment at regents institutions account shall be in addition to any expenditure limitation im-
posed on the state budget stabilization fund for fiscal year 1999.

    (d) On July 1, 1998, the director of accounts and reports shall transfer all moneys in
the tuition grant discontinued attendance fund of the board of regents to the comprehensive
grant program discontinued attendance fund of the state Board of Regents. On July 1, 1998,
all liabilities of the tuition grant discontinued attendance fund are hereby transferred to and
imposed on the comprehensive grant program discontinued attendance fund and the tuition
grant discontinued attendance fund is hereby abolished.

    (e) On July 15, 1998, or as soon thereafter as moneys are available, the director of
accounts and reports shall transfer $250,000 from the Kansas economic development en-
dowment account of the state economic development initiatives fund of the department of
commerce and housing to the EDIF--national geographic society education foundation
endowment fund.

    (f) Position limitations. The number of full-time and regular part-time positions equated
to full-time, excluding seasonal and temporary positions, paid from appropriations for fiscal
year 1999 made in this or other appropriation act of the 1998 regular session of the legis-
lature for the following agency or agencies shall not exceed the following, except upon
approval of the state finance council:


State Board of Regents 18.0


    Sec. 140.

DEPARTMENT OF CORRECTIONS
    (a) There is appropriated for the above agency from the state general fund the following:


Central administration operations and parole and postrelease supervisionoperations $12,472,648


Provided, That any unencumbered balance in the central administration operations and
parole and postrelease supervision operations account in excess of $100 as of June 30, 1998,
is hereby reappropriated for fiscal year 1999: Provided, however, That expenditures from
such reappropriated balance shall not exceed $84,387 except upon approval of the state
finance council.


Community corrections $14,955,501


Provided, That any unencumbered balance in the community corrections account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall not exceed $58,530 except upon
approval of the state finance council: Provided further, That no expenditures may be made
by any county from any grant made to such county from the community corrections account
for either half of state fiscal year 1999 which supplant any amount of local public or private
funding of existing programs as determined in accordance with rules and regulations adopted
by the secretary of corrections.


Community correctional conservation camps $2,261,100

Treatment and programs $29,295,298


Provided, That any unencumbered balance in the treatment and programs account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall not exceed $61,199 except upon
approval of the state finance council: Provided further, That expenditures from the treat-
ment and programs account for malpractice insurance shall not be greater than the amount
obtained by multiplying $5,000 by the approved number of positions equated to full-time
for individuals employed as physician specialists, physician assistants and dentists.


Postconviction nonprison sanctions for felony offenders $105,675


Provided, That any unencumbered balance in the postconviction nonprison sanctions for
felony offenders account in excess of $100 as of June 30, 1998, is hereby reappropriated for
fiscal year 1999: Provided, however, That expenditures from such reappropriated balance
shall not exceed $94,325 except upon approval of the state finance council: Provided further,
That expenditures may be made from the postconviction nonprison sanctions for felony
offenders account for only those postconviction nonprison sanction costs authorized by the
secretary of corrections to be paid from this account: And provided further, That the rate
of reimbursement for the expenses of such sanctions shall be determined and fixed by the
secretary of corrections.


Facilities operations $125,103,623


Provided, That any unencumbered balance in the facilities operations account in excess of
$100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall not exceed $233,472 except upon
approval of the state finance council.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Justice assistance--federal fund No limit

Department of corrections state asset forfeiture fund No limit

Carl Perkins act--federal fund No limit

Criminal Justice Information System--federal fund No limit

Violent offender incarceration and truth in sentencing incentivegrants--federal fund No limit

Chapter I--federal fund No limit

Correctional industries fund No limit

State of Kansas--department of corrections inmate benefit fund No limit


Provided, That in addition to any other expenditure authorized from the state of Kansas--
department of corrections inmate benefit fund, the sum of $15,000 shall be expended to
fund a portion of the operations of the office of the ombudsman of corrections.


Department of corrections--general fees fund No limit


Provided, That expenditures may be made from the department of corrections--general
fees fund for operating expenditures for training programs for correctional personnel, in-
cluding official hospitality: Provided further, That the secretary of corrections is hereby
authorized to fix, charge and collect fees for such programs: And provided further, That
such fees shall be fixed in order to recover all or part of the operating expenses incurred
for such training programs, including official hospitality: And provided further, That all fees
received for such programs shall be credited to this fund.


Topeka correctional facility--community development block grant--fed-eral fund No limit

Topeka correctional facility--general fees fund No limit

Topeka correctional facility--inmate canteen fund No limit

Topeka correctional facility--inmate benefit fund No limit

Topeka correctional facility--institutional library services grant fund--federal No limit

Hutchinson correctional facility--general fees fund No limit

Hutchinson correctional facility--inmate canteen fund No limit

Hutchinson correctional facility--inmate benefit fund No limit

Hutchinson correctional facility--institutional library services grantfund--federal No limit

Lansing correctional facility--general fees fund No limit

Lansing correctional facility--inmate canteen fund No limit

Lansing correctional facility--inmate benefit fund No limit

Lansing correctional facility--institutional library services grant fund--federal No limit

Ellsworth correctional facility--general fees fund No limit

Ellsworth correctional facility--inmate canteen fund No limit

Ellsworth correctional facility--inmate benefit fund No limit

Ellsworth correctional facility--institutional library services grantfund--federal No limit

Winfield correctional facility--general fees fund No limit

Winfield correctional facility--inmate canteen fund No limit

Winfield correctional facility--inmate benefit fund No limit

Winfield correctional facility--institutional library services grant fund--federal No limit

Norton correctional facility--general fees fund No limit

Norton correctional facility--inmate canteen fund No limit

Norton correctional facility--inmate benefit fund No limit

Norton correctional facility--institutional library services grant fund--federal No limit

El Dorado correctional facility--general fees fund No limit

El Dorado correctional facility--inmate canteen fund No limit

El Dorado correctional facility--inmate benefit fund No limit

El Dorado correctional facility--institutional library services grantfund--federal No limit

Larned correctional mental health facility--general fees fund No limit

Larned correctional mental health facility--inmate canteen fund No limit

Larned correctional mental health facility--inmate benefit fund No limit

Larned correctional mental health facility--institutional library servicesgrant fund--federal No limit

Larned correctional mental health facility--justice assistance--federalfund No limit


    (c) The following amounts are included in the facilities operations account of the state
general fund for the following correctional facilities and programs, but expenditures from
this account for any such correctional facility or program shall not be limited to, nor be
required to be made in, the amount listed for the correctional facility or program:


Topeka correctional facility $12,884,190

Hutchinson correctional facility $21,680,863

Lansing correctional facility $29,925,808

Ellsworth correctional facility $8,093,849

Winfield correctional facility $8,686,228

Norton correctional facility $10,350,506

El Dorado correctional facility $15,918,442

Larned correctional mental health facility $6,695,137

Food service $11,102,072


    (d) During the fiscal year ending June 30, 1999, the secretary of corrections, with the
governor's approval, may transfer any part of any item of appropriation for the fiscal year
ending June 30, 1999, from the state general fund for the department of corrections or any
correctional institution or facility under the general supervision and management of the
secretary of corrections to another item of appropriation for fiscal year 1999 from the state
general fund for the department of corrections or any correctional institution or facility
under the general supervision and management of the secretary of corrections. The secretary
of corrections shall certify each such transfer to the director of accounts and reports and
shall transmit a copy of each such certification to the legislative research department.

    (e) Position limitations. The number of full-time and regular part-time positions equated
to full-time, excluding seasonal and temporary positions, paid from appropriations made in
this or other appropriation act of the 1998 regular session of the legislature for the following
agency or agencies shall not exceed the following, except upon approval of the state finance
council:


Department of Corrections 3,033.5


    Sec. 141.

ADJUTANT GENERAL
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $4,009,985


Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall be made only upon approval of
the state finance council: Provided further, That expenditures from this account for official
hospitality shall not exceed $1,250.


Civil air patrol--operating expenditures $25,827


    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Conversion of materials and equipment fund--military division No limit

Training and support of title III--federal fund No limit

Emergency preparedness--federal fund matching--equipment fund No limit

Emergency preparedness--federal fund matching--administrationfund No limit

Emergency preparedness--RADEF instrument maintenance fund No limit

State disaster coordination--federal fund No limit

Emergency preparedness--nuclear civil protection--federal fund No limit

Payment of death, disability, and medical benefit claims fund No limit

Expenses under national guard mutual assistance compact fund No limit

Military fees fund No limit


Provided, That all moneys received by the adjutant general from the federal government
for reimbursement for expenditures made under agreements with the federal government
shall be deposited in the state treasury and credited to the military fees fund.


Emergency preparedness--fee fund No limit

Armories and units general fees fund No limit

Emergency preparedness--disaster fund--federal fund No limit

Civil air patrol--grants and contributions fund No limit


    Sec. 142.

STATE FIRE MARSHAL
    (a) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures, other than refunds authorized by law, purchases of nation-
ally recognized adopted codes for resale and federally reimbursed overtime, shall not exceed
the following:


Fire marshal fee fund $2,419,418


Provided, That expenditures from the fire marshal fee fund for official hospitality shall not
exceed $200.


Other federal grants fund No limit


Provided, That the above agency is authorized to make expenditures from the other federal
grants fund of any moneys credited to this fund from any individual grant if the grant is: (1)
Less than $250,000 in the aggregate, and (2) does not require the matching expenditure of
any other moneys in the state treasury during the current or any ensuing fiscal year: Pro-
vided, however, That no grant that is greater than $250,000 in the aggregate or that requires
the matching expenditure of any other moneys in the state treasury during the current or
any ensuing fiscal year, shall be deposited to the credit of this fund.


Gifts, grants and donations fund $45,000


    (b) During the fiscal year ending June 30, 1999, the director of the budget, after con-
sultation with the state fire marshal, may periodically certify to the director of accounts and
reports amounts of money for transfer from the fire marshal fee fund to the state general
fund in order to transfer moneys which are not currently needed to pay for the operations
of the office of the state fire marshal. Upon receipt of each such certification during the
fiscal year ending June 30, 1999, the director of accounts and reports shall transfer the
amount certified by the director of the budget from the fire marshal fee fund to the state
general fund. All amounts transferred from the fire marshal fee fund to the state general
fund under this subsection are to reimburse the state general fund for accounting, auditing,
budgeting, legal, payroll, personnel and purchasing services and any other governmental
services which are performed on behalf of the state fire marshal by other state agencies
which receive appropriations from the state general fund to provide such services. Such
reimbursements are in addition to those authorized by K.S.A. 75-3170a and amendments
thereto.

    Sec. 143.

KANSAS PAROLE BOARD
    (a) There is appropriated for the above agency from the state general fund the following:


Parole from adult correctional institutions $488,795


Provided, That any unencumbered balance in the parole from adult correctional institutions
account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999:
Provided, however, That expenditures from such reappropriated balance shall not exceed
$3,682 except upon approval of the state finance council.





    Sec. 144.

KANSAS HIGHWAY PATROL
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $23,555,202


Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall not exceed $13,308 except upon
approval of the state finance council: Provided further, That expenditures may be made
from this account for the purchase of civilian clothing for members of the Kansas highway
patrol assigned to duties pursuant to K.S.A. 74-2105 and amendments thereto: And provided
further, That expenditures may be made from this account for state aircraft insurance: And
provided further, That expenditures from this account for official hospitality shall not exceed
$500: And provided further, That expenditures shall be made from this account for operating
expenditures of the Kansas highway patrol to provide leadership, coordination and technical
assistance to other state public safety agencies in implementing the conversion to 800 meg-
ahertz radio systems for those agencies.


Capitol area security $630,353


Provided, That any unencumbered balance in the capitol area security account in excess of
$100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall be made only upon approval of
the state finance council.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


General fees fund No limit


Provided, That all moneys received from the sale of used equipment, recovery of and re-
imbursements for expenditures and any other source of revenue shall be credited to the
general fees fund, except as otherwise provided by law: Provided further, That the above
agency shall deposit the proceeds from the sale of personal sidearms to retiring troopers
and other retiring sworn officers of the Kansas highway patrol, which sales upon retirement
are hereby authorized, to the credit of this fund: Provided, however That each such sale of
a retiring sworn officer's personal sidearm upon retirement shall be for an amount of not
less than the replacement cost of the sidearm.


For patrol of Kansas turnpike fund No limit

Highway patrol motor vehicle fund No limit

Highway patrol--federal fund No limit

Kansas highway patrol state forfeiture fund No limit

Gifts and donations fund No limit

Federal forfeiture fund No limit

Motor carrier safety assistance program fund No limit

Highway patrol training center clearing fund No limit


Provided, That expenditures may be made from the highway patrol training center clearing
fund for use of the highway patrol training center by other state or local government agen-
cies: Provided further, That the superintendent of the Kansas highway patrol is hereby
authorized to fix, charge and collect fees for recovery of costs associated with use of the
highway patrol training center by other state or local government agencies: And provided
further, That such fees shall be fixed in order to recover all or part of the expenses incurred
in providing for the use of the highway patrol training center by other state or local govern-
ment agencies: And provided further, That all fees received for use of the highway patrol
training center by other state or local government agencies shall be credited to this fund.


Highway safety fund No limit

Capitol area security fund No limit


Provided, That the Kansas highway patrol and any state agency which is responsible for the
operation of buildings in the capitol area are hereby authorized to negotiate contracts for
building security services: Provided further, That any such contract shall provide for reim-
bursement of the Kansas highway patrol for services rendered pursuant to such contract
and such reimbursement shall be credited to the capitol area security fund.


Vehicle identification number fee fund $1,614,517

Interagency motor vehicle fuel sales fund No limit


Provided, That expenditures may be made from the interagency motor vehicle fuel sales
fund to provide and sell motor vehicle fuel to other state agencies: Provided further, That
the superintendent of the Kansas highway patrol is hereby authorized to fix, charge and
collect fees for motor vehicle fuel sold to other state agencies: And provided further, That
such fees shall be fixed in order to recover all or part of the expenses incurred in providing
motor vehicle fuel to other state agencies: And provided further, That all fees received for
such sales of motor vehicle fuel shall be credited to this fund.


Motor carrier inspection fund $7,064,909

Highway patrol training center fund $900,000


    (c) On July 1, 1998, the director of accounts and reports shall transfer $139,500 from
the motor carrier license fees fund of the state corporation commission to the motor carrier
safety assistance program fund of the Kansas highway patrol.

    (d) On January 1, 1998, the director of accounts and reports shall transfer $139,499
from the motor carrier license fees fund of the state corporation commission to the motor
carrier safety assistance program fund of the Kansas highway patrol.

    (e) On July 1, 1998, October 1, 1998, January 1, 1999, and April 1, 1999, the director
of accounts and reports shall transfer $1,749,659 from the state highway fund of the de-
partment of transportation to the motor carrier inspection fund of the Kansas highway patrol
for the purpose of financing the motor carrier inspection program of the Kansas highway
patrol.

    (f) On July 1, 1998, the director of accounts and reports shall transfer $150,000 from
the state highway fund of the department of transportation to the highway safety fund of
the Kansas highway patrol for the purpose of financing the motorist assistance program of
the Kansas highway patrol.

    (g) On July 1, 1998, the director of accounts and reports shall transfer $170,000 from
the state highway fund of the department of transportation to the general fees fund of the
Kansas highway patrol for the purpose of financing operating expenditures of the Kansas
highway patrol.

    Sec. 145.

ATTORNEY GENERAL--KANSAS BUREAU OF INVESTIGATION
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $11,348,650


Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from this account for official hospitality shall not exceed $750.


Debt service payment--purchase of headquarters building at 1620 S.W.Tyler Street in Topeka $142,489


    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Kansas bureau of investigation state forfeiture fund No limit

Kansas bureau of investigation federal forfeiture fund No limit

Kansas bureau of investigation federal grants fund No limit

Forensic laboratory and materials fee fund No limit


Provided, That expenditures may be made from this fund for the acquisition of laboratory
equipment and materials and for other direct or indirect operating expenditures for the
forensic laboratory of the Kansas bureau of investigation incurred for laboratory tests con-
ducted for noncriminal justice entities, including governmental agencies and private organ-
izations, which testing activity is hereby authorized: Provided, however, That all expenditures
from this fund of moneys received as Kansas bureau of investigation laboratory analysis fees
pursuant to subsection (a) of K.S.A. 28-176 and amendments thereto shall be for the pur-
poses authorized by subsection (c) of K.S.A. 28-176 and amendments thereto: Provided
further, That the director of the Kansas bureau of investigation is hereby authorized to fix,
charge and collect fees for laboratory tests conducted for such noncriminal justice entities:
And provided further, That such fees shall be fixed in order to recover all or part of the
direct and indirect operating expenses incurred for conducting laboratory tests for such
noncriminal justice entities: And provided further, That all fees received for such laboratory
tests, including all moneys received pursuant to subsection (a) of K.S.A. 28-176 and amend-
ments thereto shall be deposited in the state treasury and credited to this fund.


KBI general fees fund No limit


Provided, That expenditures may be made from the KBI general fees fund for direct or
indirect operating expenditures incurred for the following activities: (1) Conducting edu-
cation and training classes for special agents and other personnel, including official hospi-
tality; (2) purchasing illegal drugs, making contacts and acquiring information leading to
illegal drug outlets, contraband and stolen property, and conducting other activities for
similar investigatory purposes; (3) conducting investigations and related activities for the
Kansas lottery or the Kansas racing and gaming commission; (4) conducting DNA forensic
laboratory tests and related activities; (5) preparing, publishing and distributing crime pre-
vention materials: Provided, however, That the director of the Kansas bureau of investigation
is hereby authorized to fix, charge and collect fees in order to recover all or part of the
direct and indirect operating expenses incurred, except as otherwise hereinafter provided,
for the following: (1) Education and training services made available to local law enforce-
ment personnel in classes conducted for special agents and other personnel of the Kansas
bureau of investigation; (2) investigations and related activities conducted for the Kansas
lottery or the Kansas racing and gaming commission, except that the fees fixed for these
activities shall be fixed in order to recover all of the direct and indirect expenses incurred
for such investigations and related activities; (3) DNA forensic laboratory tests and related
activities; (4) sale and distribution of crime prevention materials: Provided further, That all
fees received for such activities shall be deposited in the state treasury and credited to this
fund: And provided further, That all moneys which are expended for any such evidence
purchase, information acquisition or similar investigatory purpose or activity from whatever
funding source and which are recovered shall be deposited in the state treasury and credited
to this fund: And provided further, That all moneys received as gifts, grants or donations
for the preparation, publication or distribution of crime prevention materials shall be de-
posited in the state treasury to the credit of this fund.


Record check fee fund No limit


Provided, That the director of the Kansas bureau of investigation is authorized to fix, charge
and collect fees in order to recover all or part of the direct and indirect operating expenses
for criminal history record checks conducted for noncriminal justice entities including gov-
ernment agencies and private organizations: Provided, however, That all moneys received
for such fees shall be deposited in the state treasury and credited to the record check fee
fund: Provided further, expenditures from the record check fee fund may be made only for
the expenses of conducting criminal history record checks.

    Sec. 146.

JUVENILE JUSTICE AUTHORITY
    (a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:


Operating expenditures $23,878,619


Provided, That expenditures from the operating expenditures account for official hospitality
shall not exceed $1,000.


Management information systems $125,000

Community initiatives $2,500,000


Provided, That expenditures shall be made from the community initiatives account for com-
munity-based initiatives designed to relieve the demands upon juvenile correctional facilities
and to provide a community-centered, prevention-focused juvenile justice system which
includes diversion, a continuum of community sanctions and post-release, aftercare services:
Provided further, That all expenditures made from this account shall be based upon the
proportionate needs of the 31 judicial districts in juvenile justice matters.


Facilities operations $24,546,608


Provided, That any unencumbered balance in the facilities operations account in excess of
$100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall not exceed $19,710 except upon
approval of the state finance council: Provided further, That expenditures may be made
from this account for educational services contracts which are hereby authorized to be
negotiated and entered into by the above agency with unified school districts or other public
educational services providers: And provided further, That such educational services con-
tracts shall not be subject to the competitive bid requirements of K.S.A. 75-3739 and amend-
ments thereto.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Title XIX fund No limit

Title IV-E fund No limit

Juvenile justice delinquency prevention--federal fund No limit

Juvenile detention facilities fund $2,697,648

Juvenile justice fee fund No limit

Kansas endowment for youth trust fund No limit

Juvenile justice federal fund No limit

Juvenile justice community initiative fund No limit

Juvenile justice community planning fund No limit

Byrne grant--federal fund No limit

Capital facilities planning and projects--federal fund No limit

Topeka juvenile correctional facility fee fund No limit

Topeka juvenile correctional facility improvement fund No limit

Topeka juvenile correctional facility--elementary and secondary educa-tion fund--federal No limit

Topeka juvenile correctional facility--canteen fund No limit

Topeka juvenile correctional facility--patient benefit fund No limit

Atchison juvenile correctional facility fee fund No limit

Atchison juvenile correctional facility--elementary and secondary edu-cation fund--federal No limit

Atchison juvenile correctional facility--canteen fund No limit

Atchison juvenile correctional facility--patient benefit fund No limit

Beloit juvenile correctional facility fee fund No limit

Beloit juvenile correctional facility--elementary and secondary educationfund--federal No limit

Beloit juvenile correctional facility--canteen fund No limit

Beloit juvenile correctional facility--patient benefit fund No limit

Larned juvenile correctional facility fee fund No limit


    (c) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $90,000 from the alcohol and drug abuse block grant federal
fund of the department of social and rehabilitation services to the juvenile justice federal
fund of the juvenile justice authority.

    (d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $42,310 from the alcohol and drug abuse block grant federal
fund of the department of social and rehabilitation services to the Beloit juvenile correctional
facility fee fund of the juvenile justice authority.

    (e) During the fiscal year ending June 30, 1999, the superintendent of the Topeka
juvenile correctional facility, upon the approval of the director of accounts and reports, shall
transfer $4,000 from the Topeka juvenile correctional facility--canteen fund to the Topeka
juvenile correctional facility--patient benefit fund.

    (f) During the fiscal year ending June 30, 1999, the superintendent of the Atchison
juvenile correctional facility, upon the approval of the director of accounts and reports, shall
transfer $500 from the Atchison juvenile correctional facility--canteen fund to the Atchison
juvenile correctional facility--patient benefit fund.

    (g) During the fiscal year ending June 30, 1999, the superintendent of the Beloit juvenile
correctional facility, upon the approval of the director of accounts and reports, shall transfer
$1,000 from the Beloit juvenile correctional facility--canteen fund to the Beloit juvenile
correctional facility--patient benefit fund.

    (h) During the fiscal year ending June 30, 1999, the commissioner of juvenile justice,
with the governor's approval, may transfer any part of any item of appropriation for the
fiscal year ending June 30, 1999, from the state general fund for the juvenile justice authority
or any juvenile correctional facility or institution under the general supervision and man-
agement of the commissioner of juvenile justice to another item of appropriation for fiscal
year 1999 from the state general fund for the juvenile justice authority or any juvenile
correctional facility or institution under the general supervision and management of the
commissioner of juvenile justice. The commissioner of juvenile justice shall certify each
such transfer to the director of accounts and reports and shall transmit a copy of each such
certification to the legislative research department.

    (i) The following amounts are included in the facilities operations account of the state
general fund for the fiscal year ending June 30, 1999, for the following juvenile correctional
facilities and institutions, but expenditures from the facilities operations account shall not
be limited to, nor be required to be made in, the amount listed for the juvenile correctional
facility:


Topeka juvenile correctional facility $10,419,031

Beloit juvenile correctional facility $4,686,903

Atchison juvenile correctional facility $5,538,835

Larned juvenile correctional facility $3,921,549


    (j) On or after July 1, 1998, during fiscal year 1999, upon notification by the commis-
sioner of juvenile justice, the director of accounts and reports shall transfer all moneys
specified by the commissioner of juvenile justice for the residential substance abuse program
at the Larned juvenile correctional facility to the juvenile justice federal fund of the juvenile
justice authority.

    Sec. 147.

EMERGENCY MEDICAL SERVICES BOARD
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $828,501


Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall be made only upon approval of
the state finance council.


Regional council grants $100,000


    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


EMS--federal fund No limit

Emergency medical services operating fund $2,500


Provided, That the emergency medical services board is hereby authorized to fix, charge
and collect fees in order to recover costs incurred for distributing educational videos, re-
placing lost educational materials and mailing labels of those licensed by the board: Provided
further, That such fees may be fixed in order to recover all or part of such costs: And
provided further, That all moneys received from such fees shall be deposited in the state
treasury and credited to the emergency medical services operating fund.

    Sec. 148.

KANSAS SENTENCING COMMISSION
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $314,404


Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


State matching fund $901,536

General fees fund No limit

Juvenile justice--federal fund No limit

Statistical analysis--federal fund No limit

Drug abuse fund--federal No limit


    (c) In addition to the other purposes for which expenditures may be made from the
state budget stabilization fund for fiscal year 1999, expenditures may be made by the above
agency from the state budget stabilization fund for fiscal year 1999 for the following specified
purpose subject to the expenditure limitation prescribed therefor:


Criminal Justice Information System $1,300,248


Provided, That all expenditures by the above agency from the state budget stabilization fund
for fiscal year 1999 for the criminal justice information system shall be in addition to any
expenditure limitation imposed on the state budget stabilization fund for fiscal year 1999.

    Sec. 149.

OMBUDSMAN OF CORRECTIONS
    (a) There is appropriated for the above agency from the state general fund the following:


Adult corrections oversight $174,562


Provided, That any unencumbered balance in the adult corrections oversight account in
excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided,
however, That expenditures from such reappropriated balance shall be made only upon
approval of the state finance council.

    Sec. 150. Position limitations. The number of full-time and regular part-time positions
equated to full-time, excluding seasonal and temporary positions, paid from appropriations
for fiscal year 1999, made in this or other appropriation act of the 1998 regular session of
the legislature for the following agency or agencies shall not exceed the following, except
upon approval of the state finance council:


Adjutant General 226.0

State Fire Marshal 41.0

Kansas Parole Board 4.0

Kansas Highway Patrol 780.8

Attorney General--Kansas Bureau of Investigation 193.5

Juvenile Justice Authority 590.0

Emergency Medical Services Board 13.0

Kansas Sentencing Commission 9.0

Ombudsman of Corrections 4.0


    Sec. 151.

KANSAS DEPARTMENT OF AGRICULTURE
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures (including official hospitality) $9,935,428


Provided, That any unencumbered balance in the operating expenditures (including official
hospitality) account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal
year 1999: Provided, however, That expenditures from such reappropriated balance shall
not exceed $103,713 except upon approval of the state finance council: Provided further,
That expenditures may be made from this account for expenses incurred in holding the
annual meeting: And provided further, That the above agency may negotiate and enter into
contracts to carry out its functions at the annual meeting: And provided further, That such
contracts shall not be subject to the competitive bid requirements of K.S.A. 75-3739 and
amendments thereto.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Dairy division fee fund $110,142

Meat and poultry inspection fee fund $54,766

Wheat quality survey fund $30,000

Entomology fee fund $128,331

Laboratory equipment fund No limit

Water structures--state highway fund $90,358

Soil amendment fee fund $2,515

Agricultural liming materials fee fund $26,045

Weights and measures fee fund $72,184

Water appropriation certification fund $416,018

Water rights information system fees fund No limit


Provided, That the secretary of agriculture is hereby authorized to fix, charge and collect
fees for water data provided at the request of non-state government agencies and the general
public: Provided further, That such fees shall be fixed in order to recover all of the direct
data processing expenses incurred in preparation of requested water data: And provided
further, That such fees shall be deposited in the state treasury and credited to the water
rights information system fees fund: And provided further, That expenditures may be made
from this fund to pay the costs incurred by the division of water resources for data processing
services to prepare requested water data.


Agriculture seed fee fund $71,710

Chemigation fee fund $105,621

Agriculture statistics fund No limit

Petroleum inspection fee fund $552,015

Water transfer hearing fund No limit

Warehouse fee fund $591,962

Grain inspection fee fund $0

Kansas corn commission fund No limit


Provided, That expenditures from the Kansas corn commission fund for official hospitality
shall not exceed $3,000.


Kansas grain sorghum commission fund No limit


Provided, That expenditures from the Kansas grain sorghum commission fund for official
hospitality shall not exceed $3,000.


Soybean promotion and research fee fund No limit


Provided, That expenditures from the soybean promotion and research fee fund for official
hospitality shall not exceed $3,000.


U.S. geological survey cooperative gage agreement fund No limit


Provided, That the secretary of agriculture is hereby authorized to enter into a cooperative
gage agreement with the United States geological survey: Provided further, That all moneys
collected for the construction or operation of river water intake gages shall be deposited in
the state treasury and credited to the U.S. geological survey cooperative gage agreement
fund: And provided further, That expenditures may be made from this fund to pay the costs
incurred in the construction or operation of river water intake gages.


Water plan special revenue fund $1,018,000


Provided, That expenditures from the water plan special revenue fund for salaries and wages
shall not exceed $580,169.


Agricultural chemical fee fund $249,246

Feeding stuffs fee fund $512,813

Fertilizer fee fund $349,422

Livestock remedies fee fund $19,513

Pesticide use fee fund $444,021

Grade A milk fee fund $197,858

Geographic information system fee fund No limit

Seed examination fee fund $28,880

Egg fee fund $88,163

Meat and poultry inspection fund (federal) No limit

Certification of pesticide applicators program--federal fund No limit

EPA pesticide performance partnership grant fund No limit

Pest detection and survey--federal fund No limit

USDA NASS postage fund No limit

FDA tissue residue fund--federal No limit

Aquaculture fund $0

Conversion of materials and equipment fund No limit

Publications fee fund No limit


Provided, That expenditures may be made from the publications fee fund for operating
expenditures related to preparation and publication of ``Insects in Kansas'': Provided further,
That, notwithstanding the provisions of K.S.A. 75-1005 and amendments thereto to the
contrary, the secretary of agriculture is hereby authorized to enter into a contract with a
commercial publisher for the printing, distribution and sale of the publication ``Insects in
Kansas'': And provided further, That the secretary of agriculture is hereby authorized to
collect fees from such commercial publisher pursuant to contract with the publisher for the
sale of the publication: And provided further, That the secretary of agriculture is hereby
authorized to receive and accept grants, gifts, donations or funds of any kind from the federal
government or any of its agencies or from any other source whatsoever for the printing,
publication and distribution of ``Insects of Kansas'': And provided further, That all moneys
received from such fees or for such grants, gifts, donations or other funds received for such
purpose, shall be deposited in the state treasury and credited to this fund.


Other grants fund No limit


Provided, That, the above agency is authorized to make expenditures from the other grants
fund of any moneys credited to this fund from any individual grant if the grant is: (1) Less
than $200,001 in the aggregate, and (2) does not require the matching expenditure of any
moneys in the state treasury during fiscal year 1999 other than moneys appropriated by this
act: Provided, however, That no grant that: (1) Is greater than $200,000 in the aggregate,
(2) requires the matching expenditure of any moneys in the state treasury during fiscal year
1999 other than moneys appropriated by this act, or (3) is a grant for the farmers' assistance,
counseling and training program, shall be deposited to the credit of this fund.

    (c) On July 1, 1998, the director of accounts and reports shall transfer $89,677 from the
state highway fund of the department of transportation to the water structures--state high-
way fund of the Kansas department of agriculture.

    (d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $1,018,000 from the state water plan fund of the Kansas
water office to the water plan special revenue fund of the Kansas department of agriculture.

    Sec. 152.

KANSAS ANIMAL HEALTH DEPARTMENT
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $615,053


Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall be made only upon approval of
the state finance council.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Animal disease control fund No limit

Animal dealers fee fund No limit

Veterinary inspection fee fund No limit

Livestock market brand inspection fee fund No limit

Livestock brand fee fund No limit

Livestock brand emergency revolving fund No limit

County option brand fee fund No limit

Federal state disease control fund No limit

Livestock indemnification fund No limit

Pseudorabies indemnification fund No limit


    Sec. 153.

STATE FAIR BOARD
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $125,000


Provided, That the state fair board shall report to the legislature at the beginning of the
1999 regular session all banking fees incurred to date during the fiscal year ending June 30,
1999.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures, other than refunds authorized by law and remittances of
sales tax to the department of revenue, shall not exceed the following:


State fair fee fund No limit


Provided, That expenditures from the state fair fee fund for official hospitality shall not
exceed $2,000.


Non-fair days activities fee fund No limit

State fair special cash fund No limit


    (c) Upon request of the state fair board, the attorney general shall provide legal services
for the board during fiscal year 1999.

    Sec. 154.

KANSAS WHEAT COMMISSION
    (a) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Kansas wheat commission fund $3,347,691


Provided, That all contracts made by the Kansas wheat commission with United States wheat
associates, inc., shall contain a provision that United States wheat associates, inc., shall not
expend any of the moneys provided by the Kansas wheat commission for any purpose not
authorized by the Kansas wheat act: Provided further, That expenditures from the Kansas
wheat commission fund for official hospitality shall not exceed $30,000.

    Sec. 155.

STATE CONSERVATION COMMISSION
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $585,261


Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall not exceed $2,001 except upon
approval of the state finance council.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Water plan special revenue fund $9,633,250


Provided, That, except upon approval of expenditures for any other purposes by the state
finance council acting on this matter which is hereby characterized as a matter of legislative
delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c and
amendments thereto, expenditures from the water plan special revenue fund may be made
only for the purposes specifically authorized by this or other appropriation act.


Land reclamation fee fund No limit

Riparian & wetland areas project--federal fund No limit

Watershed protect approach/WTR RSRCE MGT fund No limit

Conversion of materials and equipment fund No limit


    (c) Subject to the limitation on total expenditures from the water plan special revenue
fund, expenditures may be made by the above agency from the water plan special revenue
fund for the following specified purposes, subject to the expenditure limitations prescribed
therefor:


Land treatment cost-share programs $4,450,000


Provided, That expenditures from the land treatment cost-share programs account of the
water plan special revenue fund shall be for cost-sharing grants for construction of enduring
water conservation structures on privately and publicly owned land in conservation districts
which are needed for development and improvement of the quality and quantity of Kansas
water resources: Provided further, That an amount of not to exceed $2,720,000 of the initial
allocation among conservation districts for such grants for fiscal year 1999 shall be on the
basis of allocating 60% of the amount equally among all conservation districts and allocating
40% of the amount to be initially allocated proportionally among all conservation districts
on the basis of an index composed of the measurement of nonfederal rural acreage, erosion
potential and rainfall in all conservation districts, as determined by the state conservation
commission: And provided further, That the balance of the initial allocation for such grants
for fiscal year 1999 shall be allocated to conservation districts on a priority basis, as deter-
mined by the state conservation commission and state water plan: And provided further,
That expenditures from this account for contractual technical expertise shall not exceed the
amount equal to 3% of the approved budget amount for fiscal year 1999 for the land treat-
ment cost-share programs account: And provided further, That all expenditures from this
account shall be in accordance with K.S.A. 2-1915 and amendments thereto.


Non-point source pollution $3,000,000

Conservation district aid $1,023,250

Multipurpose small lakes program $231,000

Watershed dam construction $829,000


Provided, That expenditures from the watershed dam construction account of the water
plan special revenue fund are hereby authorized for engineering contracts for watershed
planning as determined by the state conservation commission: Provided, however, That
expenditures from this account for such engineering contracts for watershed planning shall
not exceed $50,000.


Riparian and wetland program $100,000


    (d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer amounts which in the aggregate shall not exceed $9,633,250
from the state water plan fund of the Kansas water office to the water plan special revenue
fund of the state conservation commission.

    (e) During the fiscal year ending June 30, 1999, the executive director of the state
conservation commission may transfer moneys from any existing account of the water plan
special revenue fund of the state conservation commission to another existing account of
the water plan special revenue fund of the state conservation commission: Provided, how-
ever, That no such transfer shall reduce the amount credited to the land treatment cost-
share programs account to less than $2,720,000: Provided further, That no such transfer
shall reduce the amount credited to the non-point source pollution account to less than
$3,000,000. The executive director of the state conservation commission shall certify each
such transfer to the director of accounts and reports and shall transmit a copy of each such
certification to the division of the budget of the department of administration and the
legislative research department.

    Sec. 156.

KANSAS WATER OFFICE
    (a) There is appropriated for the above agency from the state general fund the following:


Water resources operating expenditures $1,402,640


Provided, That any unencumbered balance in the water resources operating expenditures
account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999:
Provided however, That expenditures from such reappropriated balance shall be made only
upon approval of the state finance council: Provided further, That expenditures from this
account for official hospitality shall not exceed $250.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures shall not exceed the following:


State water plan fund $2,877,117


Provided, That expenditures may be made from the state water plan fund for the salary and
other compensation for the GIS resource manager: Provided further, That expenditures
may be made from this fund for projects and studies as approved by the Kansas water
authority, the governor or the legislature: Provided, however, That no expenditures shall be
made from this fund to acquire any additional water storage in lake Milford or lake Perry:
And provided further, That upon appropriation to the GIS policy board for data base de-
velopment, the director of the Kansas water office and other state agencies are hereby
authorized to enter into contracts for data base development subject to applicable expend-
iture limitations therefor.


Conversion of materials and equipment fund $0

Water supply storage assurance fund $0


Provided, That any moneys deposited to the credit of the water supply storage assurance
fund which are received from water assurance districts shall be credited to a separate sub-
account: Provided further, That all expenditures from any such subaccount shall be in ad-
dition to any expenditure limitation imposed on this fund for fiscal year 1999.


State conservation storage water supply fund $0

Water marketing fund No limit

Federal grants and receipts fund No limit

General fees fund No limit


Provided, That expenditures may be made from the general fees fund for operating ex-
penditures for the Kansas water office, including training and informational programs and
official hospitality: Provided further, That the director of the Kansas water office is hereby
authorized to fix, charge and collect fees for such programs: And provided further, That
fees for such programs shall be fixed in order to recover all or part of the operating expenses
incurred for such programs, including official hospitality: And provided further, That all
fees received for such programs and all fees received for providing access to or for furnishing
copies of public records shall be deposited in the state treasury and credited to this fund.


Water conservation projects fund $0


    (c) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $40,000 from the state budget stabilization fund to the
state water plan fund of the Kansas water office.

    Sec. 157.

DEPARTMENT OF WILDLIFE AND PARKS
    (a) There is appropriated for the above agency from the state general fund the following:


Operating expenditures $4,063,527


Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall be made only upon approval of
the state finance council: Provided further, That expenditures may be made from the op-
erating expenditures account for the purchase of state aircraft insurance: And provided
further, That expenditures from this account for official hospitality shall not exceed $1,000.

Any unencumbered balance in excess of $100 as of June 30, 1998, in each of the following
accounts is hereby reappropriated for fiscal year 1999: Wildlife fee fund diversion repay-
ment.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures other than refunds authorized by law shall not exceed the
following:


Wildlife fee fund $19,835,822


Provided, That additional expenditures may be made from the wildlife fee fund for fiscal
year 1999 for the purposes of compensating federal aid program expenditures if necessary
in order to comply with requirements established by the United States fish and wildlife
service for the utilization of federal aid funds: Provided further, That all such expenditures
shall be in addition to any expenditure limitation imposed upon the wildlife fee fund for
fiscal year 1999: And provided further, That the secretary of wildlife and parks shall report
all such expenditures to the governor and the legislature as appropriate: And provided
further, That expenditures from this fund for official hospitality shall not exceed $1,000.


Parks fee fund $3,666,496


Provided, That additional expenditures may be made from the parks fee fund for fiscal year
1999 for the purposes of compensating federal aid program expenditures if necessary in
order to comply with requirements established by the United States fish and wildlife service
for the utilization of federal aid funds: Provided further, That all such expenditures shall be
in addition to any expenditure limitation imposed upon the parks fee fund for fiscal year
1999: And provided further, That the secretary of wildlife and parks shall report all such
expenditures to the governor and the legislature as appropriate.


Boating fee fund $988,015


Provided, That additional expenditures may be made from the boating fee fund for fiscal
year 1999 for the purposes of compensating federal aid program expenditures if necessary
in order to comply with requirements established by the United States fish and wildlife
service for the utilization of federal aid funds: Provided further, That all such expenditures
shall be in addition to any expenditure limitation imposed upon the boating fee fund for
fiscal year 1999: And provided further, That the secretary of wildlife and parks shall report
all such expenditures to the governor and the legislature as appropriate: And provided
further, That expenditures from this fund for official hospitality shall not exceed $1,000.


Central aircraft fund No limit


Provided, That expenditures may be made by the above agency from the central aircraft
fund for aircraft operating expenditures, for aircraft maintenance and repair, to provide
aircraft services to other state agencies, and for the purchase of state aircraft insurance:
Provided further, That the secretary of wildlife and parks is hereby authorized to fix, charge
and collect fees for the provision of aircraft services to other state agencies: And provided
further, That such fees shall be fixed to recover all or part of the operating expenditures
incurred in providing such services: And provided further, That all fees received for such
services shall be credited to this fund.


Wildlife and parks nonrestricted fund No limit


Provided, That all moneys received under K.S.A. 32-990, 32-991, 32-992, 32-993, 32-994
and 32-1173, and amendments to such sections, other than moneys restricted by K.S.A. 32-
990, 32-991, 32-992, 32-993, 32-994 and 32-1173, and amendments to such sections, shall
be deposited in the state treasury and credited to the wildlife and parks nonrestricted fund:
Provided further, That expenditures from this fund may be made for federal aid eligible
expenditures at the discretion of the secretary of wildlife and parks.


Water plan special revenue fund $50,000

Prairie spirit rails-to-trails fee fund $2,000

Nongame wildlife improvement fund No limit

Wildlife conservation fund No limit

Mined-land donation fund No limit

Federally licensed wildlife areas fund No limit

State agricultural production fund No limit

Land and water conservation fund--local No limit

Land and water conservation fund--state No limit

El Dorado state park--gifts and donations fund No limit

Development and promotions fund No limit

Department of wildlife and parks private gifts and donations fund No limit

Fish and wildlife restitution fund No limit

Parks restitution fund No limit

Nonfederal grants fund No limit

Federal grants fund No limit

Mined land donation fund No limit

Suspense fund No limit

Employee maintenance deduction clearing fund No limit


    (c) On July 1, 1998, or as soon thereafter as moneys are available therefor, the director
of accounts and reports shall transfer $50,000 from the state water plan fund of the Kansas
water office to the water plan special revenue fund of the department of wildlife and parks.

    (d) On July 15, 1998, or as soon thereafter as moneys are available, the director of
accounts and reports shall transfer an amount not to exceed $35,000 specified by the sec-
retary of wildlife and parks from the wildlife fee fund of the department of wildlife and
parks to the El Dorado correctional facility--general fees fund of the department of cor-
rections.

    (e) On or before July 10, 1998, and on or before the 10th day of each month thereafter
during fiscal year 1999, the director of accounts and reports shall transfer from the state
general fund to the wildlife and parks nonrestricted fund interest earnings based upon: (1)
The average daily balance of moneys in the wildlife and parks nonrestricted fund for the
preceding month, and (2) the net earnings rate of the pooled money investment board
portfolio for the preceding month.

    (f) In addition to the other purposes for which expenditures may be made by the de-
partment of wildlife and parks from the moneys appropriated in the parks fee fund for the
fiscal year ending June 30, 1999, as authorized by this or other appropriation act of the 1998
regular session of the legislature, expenditures may be made from the parks fee fund for
fiscal year 1999 for operating expenditures and capital improvement projects for the pur-
poses of maintaining and repairing the Prairie Spirit rail trail in Allen, Anderson and Franklin
counties, including, but not limited to, the expenses of operating of park equipment by
employees of the department of wildlife and parks that are assigned to the state park system.

    (g) In addition to the other purposes for which expenditures may be made by the de-
partment of wildlife and parks from the moneys appropriated in the wildlife conservation
fund for the fiscal year ending June 30, 1999, as authorized by this or other appropriation
act of the 1998 regular session of the legislature, expenditures shall be made from the wildlife
conservation fund for the purpose of repairing or replacing bridge no. R3-CHBW-06 at the
Cheyenne Bottoms wildlife area: Provided, That the design and construction specifications
for this project shall be prepared by the Kansas department of transportation, in cooperation
with the department of wildlife and parks.

    Sec. 158. Position Limitations. The number of full-time and regular part-time positions
equated to full-time, excluding seasonal and temporary positions, paid from appropriations
for fiscal year 1999 made in this or other appropriation act of the 1998 regular session of
the legislature for the following agency or agencies shall not exceed the following, except
upon approval of the state finance council:


Kansas Department of Agriculture 308.0

Kansas Animal Health Department 30.0

State Fair Board 18.0

Kansas Wheat Commission 8.0

State Conservation Commission 13.5

Kansas Water Office 21.5

Department of Wildlife and Parks 392.3


    Sec. 159.

DEPARTMENT OF TRANSPORTATION
    (a) There is appropriated for the above agency from the following special revenue fund
or funds, all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures shall not exceed the following:


State highway fund No limit


Provided, That no expenditures may be made from the state highway fund other than for
the purposes specifically authorized by this or other appropriation act.


Special city and county highway fund No limit

County equalization and adjustment fund $2,500,000

Highway special permits fund No limit

Highway bonds debt service fund No limit

Rail services improvement fund No limit

Rail service assistance program loan guarantee fund No limit

Railroad rehabilitation loan guarantee fund No limit


Provided, That expenditures from the railroad rehabilitation loan guarantee fund shall not
exceed the amount which the secretary of transportation is obligated to pay during the fiscal
year ending June 30, 1999, in satisfaction of liabilities arising from the unconditional guar-
antee of payment which was entered into by the secretary of transportation in connection
with the mid-states port authority federally taxable revenue refunding bonds, series 1994,
dated May 1, 1994, authorized by K.S.A. 12-3420 and amendments thereto and guaranteed
pursuant to K.S.A. 75-5031 and amendments thereto.


Interagency motor vehicle fuel sales fund No limit


Provided, That expenditures may be made from the interagency motor vehicle fuel sales
fund to provide and sell motor vehicle fuel to the Kansas highway patrol: Provided further,
That the secretary of transportation is hereby authorized to fix, charge and collect fees for
motor vehicle fuel sold to the Kansas highway patrol: And provided further, That such fees
shall be fixed in order to recover all or part of the expenses incurred in providing motor
vehicle fuel to the Kansas highway patrol: And provided further, That all fees received for
such sales of motor vehicle fuel shall be credited to this fund.


Elderly and disabled coordinated public transportation assistance fund No limit

Public use general aviation airport development fund No limit


    (b) Expenditures may be made by the above agency from the state highway fund for
the following specified purposes: Provided, That expenditures from the state highway fund
other than refunds authorized by law for the following specified purposes shall not exceed
the limitations prescribed therefor as follows:


Agency operations $207,692,071


Provided, That expenditures from the agency operations account of the state highway fund
for official hospitality by the secretary of transportation shall not exceed $1,000: Provided,
however, That expenditures may be made from this account for state aircraft insurance:
Provided further, That expenditures may be made from this account for engineering services
furnished to counties for road and bridge projects under K.S.A. 68-402e and amendments
thereto.


Conference fees No limit


Provided, That the secretary of transportation is hereby authorized to fix, charge and collect
conference, training and workshop attendance and registration fees for conferences, training
seminars and workshops sponsored or cosponsored by the department: Provided further,
That such fees shall be deposited in the state treasury and credited to the conference fees
account of the state highway fund: And provided further, That expenditures may be made
from this account to defray all or part of the costs of the conferences, training seminars and
workshops.


Substantial maintenance No limit

Claims No limit

Payments for city connecting links $2,240,000

Federal local aid programs No limit

Pre-1992 bond services fees No limit

Construction, remodeling and special maintenance projects forbuildings $7,972,315


Provided, That expenditures may be made from the construction, remodeling and special
maintenance projects for buildings account of the state highway fund of amounts in unex-
pended balances as of June 30, 1998, in capital improvement project accounts of projects
approved for prior fiscal years: Provided further, That expenditures from this account of
amounts in such unexpended balances shall be in addition to any expenditure limitation
imposed on this account for fiscal year 1999: And provided further, That in addition to the
other purposes for which expenditures may be made by the above agency from the moneys
appropriated in the state highway fund for fiscal year 1999 by this or other appropriation
act of the 1998 regular session of the legislature, expenditures may be made by the above
agency from the state highway fund for fiscal year 1999 for the acquisition of real estate for
use as a materials storage and mixing strip for the subarea located at Pittsburg, Kansas, by
purchase or exchange for currently owned real estate, to replace the materials storage and
mixing strip located at the south edge of Girard, Kansas, on state highway K-7.


Other capital improvements No limit


    (c) On April 1, 1999, the director of accounts and reports shall transfer from the motor
pool service fund of the department of administration to the state highway fund of the
department of transportation an amount determined to be equal to the sum of the annual
vehicle registration fees for each vehicle owned or leased by the state or any state agencies
in accordance with K.S.A. 75-4611 and amendments thereto.

    (d) Upon notification from the secretary of transportation that an amount is due and
payable from the railroad rehabilitation loan guarantee fund, the director of accounts and
reports shall transfer from the state highway fund to the railroad rehabilitation loan guar-
antee fund the amount certified by the secretary as due and payable.

    (e) Any transfer of money during the fiscal year ending June 30, 1999, from the state
highway fund to other state agencies, resulting from a contract for services shall be in
addition to any expenditure limitation imposed on the state highway fund for the fiscal year
ending June 30, 1999.

    (f) Any transfer of money during the fiscal year ending June 30, 1999, from the state
highway fund to the highway bonds debt service fund shall be in addition to any expenditure
limitation imposed on the state highway fund for the fiscal year ending June 30, 1999.

    (g) Position limitations. The number of full-time and regular part-time positions equated
to full-time, excluding seasonal and temporary positions, paid from appropriations for the
fiscal year ending June 30, 1999, made in this or other appropriation act of the 1998 regular
session of the legislature for the following agency or agencies shall not exceed the following,
except upon approval of the state finance council:


Department of Transportation 3,129.5


    Sec. 160. Kansas savings incentive program. (a) In addition to other expenditures au-
thorized by law, expenditures may be made from the agency operations account of the state
highway fund appropriated by this act for the fiscal year ending June 30, 1999, by the
department of transportation for the following purposes: (1) Salary bonus payments to per-
manent full-time or regular part-time employees of the state agency at the discretion of the
agency head, (2) purchase or other acquisition of technology equipment which was included
in the budget estimates for fiscal year 1999 submitted by the state agency pursuant to K.S.A.
75-3717 and amendments thereto, and (3) professional development training including of-
ficial hospitality: Provided, That all such expenditures from such fund for the fiscal year
1999 shall be in addition to any expenditure limitation imposed on the agency operations
account of the state highway fund for fiscal year 1999: Provided, however, That the total
amount of such expenditures from the agency operations account of the state highway fund
for fiscal year 1999 shall not exceed the amount equal to 50% of the unexpended portion
of the amount authorized to be expended from the agency operations account of the state
highway fund for fiscal year 1998 for agency operations, as determined by the director of
accounts and reports: Provided further, That the total gross amount of any such salary bonus
payments to any individual employee during fiscal year 1999 shall not exceed $1,000: And
provided further, That the provisions of this subsection shall apply only to: (1) That portion
of the moneys in the agency operations account of the state highway fund from which
expenditures may be made for agency operations, and (2) shall not include that portion of
moneys which may be expended for other operating expenses in the regular maintenance
subprogram.

    (b) Any unencumbered balance in excess of $100 as of June 30, 1998, in any account
of any special revenue fund of the department of transportation, which was appropriated
by subsection (b) of section 106 of chapter 123 of the 1997 Session Laws of Kansas and
which is not otherwise specifically appropriated or limited by this or other appropriation act
of the 1998 regular session of the legislature, is hereby appropriated for the fiscal year ending
June 30, 1999, for the purposes authorized in subsection (a). All expenditures from any such
account of any such special revenue fund shall be in addition to any expenditure limitation
imposed on such special revenue fund for the fiscal year ending June 30, 1999. On July 1,
1998, each Kansas quality management account and each KQM expenditure account of any
special revenue fund reappropriated by this subsection (b) are hereby redesignated as Kansas
savings incentive accounts.

    (c) No salary bonus payment paid pursuant to this section during fiscal year 1999 shall
be compensation, within the meaning of K.S.A. 74-4901 et seq., and amendments thereto,
for any purpose under the Kansas public employees retirement system and shall not be
subject to deductions for employee contributions thereunder. Each salary bonus payment
paid under this section shall be a bonus, as defined by 29 C.F.R. 778, and shall be in addition
to the regular earnings which that employee may be entitled or for which the employee may
become eligible.

    Sec. 161. Kansas savings incentive program. (a) In addition to other expenditures au-
thorized by law, expenditures may be made from any account of the state general fund
reappropriated by this act for the fiscal year ending June 30, 1999, for any state agency
named in this act for the following purposes: (1) Salary bonus payments to permanent
full-time or regular part-time employees of the state agency at the discretion of the agency
head, (2) purchase or other acquisition of technology equipment which was included in the
budget estimates for fiscal year 1999 submitted by the state agency pursuant to K.S.A. 75-
3717 and amendments thereto, and (3) professional development training including official
hospitality: Provided, however, That the total of all such expenditures from such account of
the state general fund for the fiscal year 1999 shall not exceed the amount equal to 50% of
the amount of the unencumbered balance as of June 30, 1998, in such account of the state
general fund that is reappropriated for fiscal year 1999 and that is in excess of the amount
authorized to be expended for fiscal year 1999 from such reappropriated balance, as deter-
mined by the director of accounts and reports: Provided further, That the total gross amount
of any such salary bonus payments to any individual employee during fiscal year 1999 that
are paid under subsection (b) or this subsection shall not exceed $1,000: And provided
further, That the provisions of this subsection shall apply only to that portion of any such
account from which expenditures may be made for state operations: And provided further,
That all such expenditures from the reappropriated balance in any such account for the
fiscal year 1999 shall be in addition to any expenditure limitation imposed on expenditures
from the reappropriated balance in any such account for fiscal year 1999.

    (b) In addition to other expenditures authorized by law, expenditures may be made
from any special revenue fund appropriated by this act for the fiscal year ending June 30,
1999, for a state agency named in this act for the following purposes: (1) Salary bonus
payments to permanent full-time or regular part-time employees of the state agency at the
discretion of the agency head, (2) purchase or other acquisition of technology equipment
which was included in the budget estimates for fiscal year 1999 submitted by the state agency
pursuant to K.S.A. 75-3717 and amendments thereto, and (3) professional development
training including official hospitality: Provided, That all such expenditures from such fund
for the fiscal year 1999 shall be in addition to any expenditure limitation imposed on such
fund or any account thereof for fiscal year 1999: Provided, however, That the total amount
of such expenditures from such fund for fiscal year 1999 shall not exceed the amount equal
to 50% of the unexpended portion of the amount authorized to be expended from such fund
for fiscal year 1998 for state operations, as determined by the director of accounts and
reports, or, in the case of no limit appropriations, as determined by the director of the
budget: Provided further, That the total gross amount of any such salary bonus payments
to any individual employee during fiscal year 1999 that are paid under subsection (a) or this
subsection shall not exceed $1,000: And provided further, That the provisions of this sub-
section shall apply only to: (1) That portion of the moneys in each account of a special
revenue fund from which portion expenditures may be made for state operations, and (2)
that portion of the moneys in a special revenue fund, that does not have any such accounts
specified in this or other appropriation act, from which portion expenditures may be made
for state operations.

    (c) (1) Any unencumbered balance in excess of $100 as of June 30, 1998, in any account
of the state general fund of any state agency named in this act, which was reappropriated
by subsection (c)(1) of section 107 of chapter 123 of the 1997 Session Laws of Kansas and
which is not otherwise specifically appropriated or limited by this or other appropriation act
of the 1998 regular session of the legislature, is hereby reappropriated for the fiscal year
ending June 30, 1999, and may be expended for the purposes authorized in subsections (a)
and (b).

    (2) Any unencumbered balance in excess of $100 as of June 30, 1998, in any account
of any special revenue fund of any state agency named in this act, which was appropriated
by subsection (c)(2) of section 107 of chapter 123 of the 1997 Session Laws of Kansas and
which is not otherwise specifically appropriated or limited by this or other appropriation act
of the 1998 regular session of the legislature, is hereby appropriated for the fiscal year ending
June 30, 1999, and may be expended for the purposes authorized in subsections (a) and (b).
All expenditures from any such account of any such special revenue fund shall be in addition
to any expenditure limitation imposed on such special revenue fund for fiscal year 1999.

    (3) On July 1, 1998, each Kansas quality management account and each KQM expend-
iture account of the state general fund and each Kansas quality management account and
each KQM expenditure account of any special revenue fund reappropriated by this subsec-
tion (c) are hereby redesignated as Kansas savings incentive accounts.

    (d) No salary bonus payment paid pursuant to this section during fiscal year 1999 shall
be compensation, within the meaning of K.S.A. 74-4901 et seq., and amendments thereto,
for any purpose under the Kansas public employees retirement system and shall not be
subject to deductions for employee contributions thereunder. Each salary bonus payment
paid under this section shall be a bonus, as defined by 29 C.F.R. 778, and shall be in addition
to the regular earnings which that employee may be entitled or for which the employee may
become eligible.

    (e) The provisions of this section shall not apply to any state agency named in section
22 of chapter 123 of the 1997 Session Laws of Kansas or to the department of transportation.

    Sec. 162. (a) No moneys appropriated for the fiscal year ending June 30, 1998, or the
fiscal year ending June 30, 1999, to the attorney general or to any other state agency shall
be expended for any contingency fee payments or any other compensation payments to any
law firm that entered into the engagement and contingency agreement with the attorney
general, pursuant to such engagement and contingency agreement, or for any activities or
operations of the attorney general or the office of the attorney general conducted or un-
dertaken for the implementation or administration of or for any other purpose regarding
such engagement and contingency agreement, except as specifically authorized and directed
by this act with respect to terminating such engagement and contingency agreement, nor
shall any other funds of any agency of the state government of Kansas be utilized for any
such purpose. It is the intent of this section to invoke and exercise the ``termination due to
lack of funding appropriation'' clause, contained in the contractual provisions attachment
form DA-146a, of the engagement and contingency agreement.

    (b) The attorney general is hereby authorized and directed to terminate forthwith the
engagement and contingency agreement entered into by the attorney general with such law
firms pursuant to the ``termination due to lack of funding appropriation'' clause, contained
in the contractual provisions attachment form DA-146a, of the engagement and contingency
agreement.

    (c) As used in this section:

    (1) ``Attorney general'' means the attorney general of the state of Kansas and includes
any officer or employee of the office of the attorney general of the state of Kansas;

    (2) ``law firm'' means any of the law firms of Entz & Chanay, P.A., Scruggs, Millette,
Lawson, Bozeman & Dent, P. A., and Ness, Motley, Loadholt, Richardson & Poole, P.A.,
and includes any attorney who is a member of, who is employed by or who has contracted
with or is otherwise associated with or performing legal services for any such law firm;

    (3) ``state agency'' has the meaning ascribed by K.S.A. 75-3701 and amendments
thereto;

    (4) ``engagement and contingency agreement'' means the engagement and contingency
agreement entered into by the law firms with the attorney general to provide legal services
to the state of Kansas for the purpose of seeking injunctive relief, monetary relief, including,
without limitation, damages and civil penalties, and other relief against tobacco industry
companies and related entities in litigation arising from the advertising, marketing, manu-
facturing, promotion, sale and/or distribution of cigarettes and other tobacco products; and

    (5) ``activities or operations'' means any normal operating activities or operations of the
attorney general or any of the officers or employees of the office of the attorney general
and includes any meetings, communications, legal work or any administrative activity of any
kind participated in or entered into or conducted in any manner by the attorney general or
any officer or employee of the office of the attorney general.

    Sec. 163. (a) On or before October 1, 1998, each state agency named in this or any
other appropriation act of the 1998 regular session of the legislature shall submit a report
to the members of the legislative coordinating council, the chair, vice-chair and ranking
minority member of the committee on ways and means of the senate, the subcommittee
chair of the subcommittee of the committee on ways and means of the senate that is assigned
the state agency's budget for review, the chair, vice-chair and ranking minority member of
the committee on appropriations of the house of representatives, and the subcommittee
chair of the subcommittee of the committee on appropriations of the house of representa-
tives that is assigned the state agency's budget for review. Such report shall detail (1) any
special revenue fund receipts for the fiscal year ending June 30, 1998, which were in excess
of those amounts included in the budget for the fiscal year ending June 30, 1998, of the
state agency as approved by the legislature during 1998 regular session, (2) any federal
grants received by such agency which were not included in the budget for the fiscal year
ending June 30, 1998, of such state agency as approved by the legislature during 1998 regular
session, and (3) any moneys received by the state agency from nongovernmental sources
which were not included in the budget for the fiscal year ending June 30, 1998, of such
state agency as approved by the legislature during 1998 regular session.

    (b) On or before the first day of the 1999 regular session of the legislature each state
agency named in this or any other appropriation act of the 1998 regular session of the
legislature shall submit a report to the members of the legislative coordinating council, the
chair, vice-chair and ranking minority member of the committee on ways and means of the
senate, the subcommittee chair of the subcommittee of the committee on ways and means
of the senate that is assigned the state agency's budget for review, the chair, vice-chair and
ranking minority member of the committee on appropriations of the house of representa-
tives, and the subcommittee chair of the subcommittee of the committee on appropriations
of the house of representatives that is assigned the state agency's budget for review. Such
report shall detail (1) any special revenue fund receipts for the fiscal year ending June 30,
1999, which are projected to be in excess of those amounts included in the budget for the
fiscal year ending June 30, 1999, of the state agency as approved by the legislature during
1998 regular session, (2) any federal grants received or anticipated to be received by the
state agency which were not included in the budget for the fiscal year ending June 30, 1999,
of the state agency as approved by the legislature during 1998 regular session, and (3) any
moneys received or anticipated to be received by the state agency from nongovernmental
sources which were not included in the budget for the fiscal year ending June 30, 1999, of
such state agency as approved by the legislature during 1998 regular session.

    Sec. 164. On July 1, 1998, K.S.A. 79-2964 is hereby amended to read as follows: 79-
2964. There is hereby created the county and city revenue sharing fund. All moneys trans-
ferred or credited to such fund under the provisions of this act or any other law shall be
allocated and distributed in the manner provided herein. The director of accounts and
reports in each year on July 15 and December 10, shall make transfers in equal amounts
which in the aggregate equal 3.5% of the total retail sales and compensating taxes credited
to the state general fund pursuant to articles 36 and 37 of chapter 79 of the Kansas Statutes
Annotated and acts amendatory thereof and supplemental thereto during the preceding
calendar year from the state general fund to the county and city revenue sharing fund,
except that: (a) The transfers on July 15 and December 10 of each year shall be in equal
amounts which in the aggregate equal 2.823% of such taxes credited to the state general
fund during the preceding calendar year; and (b) the amount of the transfer on each such
date during state fiscal year 1998 1999 shall be equal to 101.75% 102.4% of the amount
transferred on the same date during state fiscal year 1997 1998. All such transfers are subject
to reduction under K.S.A. 75-6704 and amendments thereto. All transfers made in accord-
ance with the provisions of this section shall be considered to be demand transfers from the
state general fund.

    Sec. 165. On July 1, 1998, K.S.A. 79-3425i is hereby amended to read as follows: 79-
3425i. On January 15 and July 15 of each year, the director of accounts and reports shall
transfer a sum equal to the total taxes collected under the provisions of K.S.A. 79-6a04 and
79-6a10, and amendments thereto, and credited to the state general fund during the six
months next preceding the date of transfer, from the state general fund to the special city
and county highway fund, created by K.S.A. 79-3425, and amendments thereto, except that:
(1) Such transfers are subject to reduction under K.S.A. 75-6704, and amendments thereto;
and (2) the amount of the transfer on each such date during state fiscal year 1998 1999 shall
not exceed the amount equal to 101.75% 102.4% of the amount transferred on the same
date during state fiscal year 1997 1998. All transfers under this section shall be considered
to be demand transfers from the state general fund.

    Sec. 166. On July 1, 1998, K.S.A. 79-34,147 is hereby amended to read as follows:
79-34,147. (a) On each January 1, April 1, July 1 and October 1, the secretary of revenue
shall certify to the director of accounts and reports the amount equal to 7.628% of the total
revenues received by the secretary from the taxes imposed under the Kansas retailers' sales
tax act and deposited in the state treasury and credited to the state general fund during the
preceding three calendar months.

    (b) Upon receipt of each certification under subsection (a), the director of accounts and
reports shall transfer from the state general fund to the state highway fund an amount equal
to the amount so certified, on each January 1, April 1, July 1 and October 1, except that the
amount of the transfer on each such date during state fiscal year 1998 1999 shall not exceed
the amount equal to 101.75% 102.4% of the amount transferred on the same date during
state fiscal year 1997 1998. All transfers made pursuant to this section are subject to reduc-
tion under K.S.A. 75-6704, and amendments thereto.

    (c) All transfers made in accordance with the provisions of this section shall be consid-
ered to be demand transfers from the state general fund.

    Sec. 167.

STATE FAIR BOARD
    (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:


State fair capital improvements fund No limit

Grandstand renovation project fund No limit

Grandstand cost of issuance fund No limit

Grandstand principal and interest fund No limit

Grandstand renovation reserve fund No limit

Grandstand rebate fund No limit

Grandstand renovation surplus fund No limit

Grandstand contingency fund No limit

SBSF--encampment building renovation fund No limit

EDIF--encampment renovation fund No limit


    (b) In addition to the other purposes for which expenditures may be made from the
state budget stabilization fund for fiscal year 1999, expenditures may be made by the above
agency from the state budget stabilization fund for fiscal year 1999 for the following specified
purpose or purposes, subject to the expenditure limitations prescribed therefor:


New commercial building $848,000


Provided, That all expenditures by the above agency from the state budget stabilization fund
for fiscal year 1999 for the new commercial building shall be in addition to any expenditure
limitation imposed on the state budget stabilization fund for fiscal year 1999.

    Sec. 168.

DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES
    (a) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 1999, for the capital improvement project or projects
specified as follows:


Rehabilitation and repair projects $3,965,000


Provided, That the secretary of social and rehabilitation services is hereby authorized to
transfer moneys during fiscal year 1999 from the rehabilitation and repair projects account
to a rehabilitation and repair account for any institution, as defined by K.S.A. 76-12a01 or
76-12a18 and amendments thereto, for projects approved by the secretary of social and
rehabilitation services: Provided further, That expenditures also may be made from this
account during fiscal year 1999 for the purposes of rehabilitation and repair for facilities of
the department of social and rehabilitation services other than any institution, as defined by
K.S.A. 76-12a01 or 76-12a18 and amendments thereto.

    (b) In addition to the purposes for which expenditures may be made by the above agency
from the other state fees fund for fiscal year 1999, expenditures may be made by the above
agency from the other state fees fund for fiscal year 1999 for the following capital improve-
ment project or projects, subject to the expenditure limitations prescribed therefor:


Area office rehabilitation and repair $106,000


Provided, That expenditures from the area office rehabilitation and repair account shall be
in addition to any expenditure limitation imposed on the other state fees fund for fiscal year
1999.

    Sec. 169.

KANSAS STATE SCHOOL FOR THE BLIND
    (a) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 1999, for the capital improvement project or projects
specified as follows:


Rehabilitation and repair projects $289,654






    Sec. 170.

KANSAS STATE SCHOOL FOR THE DEAF
    (a) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 1999, for the capital improvement project or projects
specified as follows:


Rehabilitation and repair projects $374,078

Install air conditioning in Roth dormitories and Roberts academicbuilding $154,735


    Sec. 171.

DEPARTMENT OF CORRECTIONS
    (a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 1999, for the capital improvement project or projects specified as
follows:


Debt service payment for the revenue refunding bond issue $6,802,000

Debt service payment for the Wichita work release facility bond issue $163,000

Debt service payment for the Ellsworth correctional facility at Ellsworth,Kansas $1,675,000

Debt service payment for the El Dorado correctional facility site utilitiesreplacement project $1,258,000


Any unencumbered balance in each of the following accounts in excess of $100 as of June
30, 1998, is hereby reappropriated for fiscal year 1999: Capacity expansion planning.

    (b) There is appropriated for the above agency from the correctional institutions build-
ing fund for the fiscal year or years specified, for the capital improvement project or projects
specified as follows:


Capital improvements--rehabilitation, remodeling, renovation and repairof correctional institutions

    For the fiscal year ending June 30, 1998[cm$149,886[cm     For the fiscal year ending June 30, 1999[cm$4,253,225


Provided, That the secretary of corrections is hereby authorized to transfer moneys during
fiscal year 1999 from the capital improvements--rehabilitation, remodeling, renovation and
repair of correctional institutions account of the correctional institutions building fund to
an account or accounts of the correctional institutions building fund of any institution or
facility under the jurisdiction of the secretary of corrections to be expended during fiscal
year 1999 by the institution or facility for capital improvement projects, including security
improvement projects and hazardous waste cleanup at Lansing correctional facility, ap-
proved by the secretary of corrections: Provided, however, That the aggregate of all transfers
from this account to an account or accounts of any institution under the jurisdiction of the
secretary of corrections to be expended in fiscal year 1998 and fiscal year 1999 for the
purposes of capacity expansion planning for planning for new reception and diagnostic unit
shall not exceed $87,630.


Debt service payment for the revenue refunding bond issue
    For the fiscal year ending June 30, 1999
$500,000


    (c) In addition to the other purposes for which expenditures may be made by the above
agency from the correctional industries fund for fiscal year 1999, expenditures may be made
by the above agency from the correctional industries fund for fiscal year 1999 for the fol-
lowing capital improvement project or projects, subject to the expenditure limitations pre-
scribed therefor:


Construct industries building at Lansing $876,025


    (d) On the effective date of this act, the appropriation of all moneys credited to and
available in the correctional facilities expansion projects revenue fund for the fiscal year
ending June 30, 1998, by section 45(g) of chapter 192 of the 1997 Session Laws of Kansas
for the capital improvements projects for expansion at Hutchinson correctional facility is
hereby lapsed and the correctional facilities expansion projects revenue fund established by
section 45(g) of chapter 192 of the 1997 Session Laws of Kansas is hereby abolished.

    (e) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:


Violent offenders incarceration and truth in sentencing incentivegrants--federal fund No limit

Ellsworth correctional facility--principal and interest fund--KDFA Bbonds No limit

Lease revenue bond issue--principal and interest fund--J Bonds No limit

Revenue refunding bond--principal and interest fund--KDFA Lbonds No limit


    Sec. 172.

STATE HISTORICAL SOCIETY
    (a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 1999, for the capital improvement project or projects specified as
follows:


Rehabilitation and repair projects $334,573


    (b) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:


EDIF first territorial capitol renovation project fund $71,000


Provided, That no expenditures shall be made from the EDIF first territorial capitol reno-
vation project fund except upon approval of the state finance council acting on this matter
which is hereby characterized as a matter of legislative delegation and subject to the guide-
lines prescribed by subsection (c) of K.S.A. 75-3711c and amendments thereto: Provided,
however, That, if the secretary of the state historical society has entered into a signed
agreement with a responsible party that would transfer from the state the future daily op-
eration and maintenance of the first territorial capitol historical site, then the state finance
council shall approve expenditures from this fund for the first territorial capitol renovation
project.


EDIF--completion of historic sites No limit


    (c) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $100,000 from the Kansas economic development endow-
ment account of the state economic development initiatives fund of the department of
commerce and housing to the EDIF--completion of historic sites fund of the state historical
society.

    Sec. 173.

INSURANCE DEPARTMENT
    (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:


Insurance building principal and interest payment fund No limit

Insurance department rehabilitation and repair fund No limit


    Sec. 174.

DEPARTMENT OF ADMINISTRATION
    (a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 1999, for the capital improvement project or projects specified as
follows:


Energy conservation improvements--debt service $3,127,981

Paint and grounds shop--debt service $14,864

Cedar Crest repair and renovation 380,400

Judicial center carpet replacement $64,000

Judicial center rehabilitation and repair $50,000

Rehabilitation and repair--statehouse and cedar crest $25,000


Any unencumbered balance in excess of $100 as of June 30, 1998, in each of the following
capital improvement accounts is hereby reappropriated for fiscal year 1999: Rehabilitation
and repair--statehouse, judicial center and governor's residence; fire and safety alarms--
statehouse; planning for memorial hall renovation; roof repair at center section and ro-
tunda--statehouse; cedar crest repair and renovation; memorial hall bond anticipation note.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:


Master lease program fund No limit

State buildings depreciation fund $0


    (c) In addition to the other purposes for which expenditures may be made from the
state budget stabilization fund for fiscal year 1999, expenditures may be made by the above
agency from the state budget stabilization fund for fiscal year 1999 for the following specified
purpose or purposes, subject to the expenditure limitations prescribed therefor:


Statehouse grounds & facility improvements $750,000


Provided, That all expenditures by the above agency from the state budget stabilization fund
for fiscal year 1999 for the statehouse grounds & facility improvements shall be in addition
to any expenditure limitation imposed on the state budget stabilization fund for fiscal year
1999.

    (d) In addition to the other purposes for which expenditures may be made by the above
agency from the building and ground fund for fiscal year 1999, expenditures may be made
by the above agency from any unencumbered balance as of June 30, 1998, in each of the
following capital improvement accounts of the building and ground fund: Parking lot re-
habilitation and repair: Provided, That expenditures for fiscal year 1999 from the unencum-
bered balance in any such account shall not exceed the amount of the unencumbered bal-
ance in such account on June 30, 1998.

    (e) In addition to the other purposes for which expenditures may be made by the above
agency from the state buildings depreciation fund for fiscal year 1999, expenditures may be
made by the above agency from the following capital improvement account or accounts of
the state buildings depreciation fund during fiscal year 1999 for the following capital im-
provement project or projects, subject to the expenditure limitations prescribed therefor:


Docking fire suppression system installation $550,000

Landon fire suppression system installation $450,000

Docking renovation--debt service $171,100

Special maintenance repairs and improvements--state office buildings $100,000


Provided, That all expenditures from each such capital improvement account shall be in
addition to any expenditure limitation imposed on the state buildings depreciation fund for
fiscal year 1999.

    (f) In addition to the other purposes for which expenditures may be made by the above
agency from the state buildings depreciation fund for fiscal year 1999, expenditures may be
made by the above agency from the state buildings depreciation fund from the unencum-
bered balance as of June 30, 1998, in each capital improvement account of the state buildings
depreciation fund for one or more projects approved for prior fiscal years: Provided, That
expenditures from the unencumbered balance in any such account shall not exceed the
amount of the unencumbered balance in such account on June 30, 1998: Provided further,
That all expenditures from any such account shall be in addition to any expenditure limitation
imposed on the state buildings depreciation fund for fiscal year 1999.

    (g) In addition to the other purposes for which expenditures may be made by the above
agency from the state buildings operating fund for fiscal year 1999, expenditures may be
made by the above agency from the following capital improvement account or accounts of
the state buildings operating fund during fiscal year 1999 for the following capital improve-
ment project or projects, subject to the expenditure limitations prescribed therefor:


Landon state office building--debt service $1,319,058

Paint and grounds shop--debt service $23,374


    (h) In addition to the other purposes for which expenditures may be made by the above
agency from the motor pool service fund for fiscal year 1999, expenditures may be made
by the above agency from the following capital improvement account or accounts of the
motor pool service fund during fiscal year 1999 for the following capital improvement project
or projects, subject to the expenditure limitations prescribed therefor:


Motor pool shop--debt service $61,308


Provided, That all expenditures by the above agency from the motor pool service fund for
fiscal year 1999 for motor pool shop--debt service shall be in addition to any expenditure
limitation imposed on the motor pool service fund for fiscal year 1999.

    (i) In addition to the other purposes for which expenditures may be made from the
intragovernmental printing service fund for fiscal year 1999, expenditures may be made by
the above agency from the following capital improvement account or accounts of the intra-
governmental printing service fund during fiscal year 1999 for the following capital improve-
ment project or projects, subject to the expenditure limitations prescribed therefor:


Printing plant--debt service $219,194


    (j) In addition to the other purposes for which expenditures may be made by the above
agency from the state budget stabilization fund for the fiscal year 1998, expenditures may
be made by the above agency from the state budget stabilization fund for the fiscal year
1998, for the following specified purpose or purposes, subject to the expenditure limitations
prescribed therefor:


Statehouse elevators renovation $347,000


Provided, That all expenditures from the state budget stabilization fund for the fiscal year
1998 for the statehouse elevators renovation shall be in addition to any expenditure limitation
imposed on the state budget stabilization fund for the fiscal year 1998.

    (k) In addition to the other purposes for which expenditures may be made from the
state budget stabilization fund for fiscal year 1999, expenditures may be made by the above
agency from the state budget stabilization fund for fiscal year 1999 for the statehouse ele-
vators renovation project: Provided, That all expenditures from the state budget stabilization
fund for the fiscal year 1999 for the statehouse elevators renovation project shall be in
addition to any expenditure limitation imposed on the state budget stabilization fund for
the fiscal year 1999: Provided, however, That the aggregate of all expenditures from the
state budget stabilization fund for fiscal year 1998 and for fiscal year 1999 for such statehouse
elevators renovation project, shall not exceed $347,000.

    Sec. 175.

DEPARTMENT OF COMMERCE AND HOUSING
    (a) In addition to the other purposes for which expenditures may be made from the
Kansas economic development endowment account of the state economic development
initiatives fund for fiscal year 1999, moneys may be expended by the above agency from the
Kansas economic development endowment account of the state economic development
initiatives fund during the fiscal year 1999 for the following capital improvement project or
projects, subject to the expenditure limitations prescribed therefor:


Rehabilitation and repair--travel information centers $35,000


Provided, That all expenditures by the above agency from the rehabilitation and repair--
travel information centers subaccount of the Kansas economic development endowment
account of the state economic development initiatives fund for fiscal year 1999 shall be in
addition to any expenditure limitation imposed on the Kansas economic development en-
dowment account of the state economic development initiatives fund for fiscal year 1999.

    (b) In addition to the other purposes for which expenditures may be made from the
Kansas economic development endowment account of the state economic development
initiatives fund, expenditures may be made from the construct Olathe travel information
center subaccount of the Kansas economic development endowment account of the state
economic development initiatives fund during the fiscal year ending June 30, 1999: Provided,
That such expenditures shall not exceed the amount of the unencumbered balance in such
subaccount on June 30, 1998: Provided further, That all expenditures from the unencum-
bered balance of any such subaccount shall be in addition to any expenditure limitation
imposed on the total expenditures from the Kansas economic development endowment
account of the state economic development initiatives fund for fiscal year 1999.

    Sec. 176.

FORT HAYS STATE UNIVERSITY
    (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:


Lewis field renovation--bond and interest sinking fund No limit

Lewis field renovation--revenue fund No limit

Sternberg museum gift fund No limit


    Sec. 177.

KANSAS STATE UNIVERSITY
    (a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 1999, for the capital improvement project or projects specified as
follows:


Lease payment--Salina aeronautical center (including aeronautical lab-oratory center) $189,446


    (b) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:


Student fee project reserve fund No limit

Student fee bonds principal and interest fund No limit


Provided, That expenditures may be made from the student fee bonds principal and interest
fund for debt service, financing costs and required reserves for the capital improvement
project to renovate Van Zile hall, Putnam hall and Boyd hall pursuant to section 17(e) of
chapter 25 of the 1989 Session Laws of Kansas.


Student fee bonds repair, equipment and improvement fund No limit

Federal construction funds fund No limit

Bond construction funds fund No limit

Coliseum repair, equipment and improvement fund No limit

Housing system project revenue fund No limit

Housing system bond and interest sinking fund No limit

Haymaker hall bond and interest sinking fund No limit

Student union annex I bond and interest sinking fund No limit

Jardine terrace III bond and interest sinking fund No limit

Housing facilities renovation bond fund, KDFA D bonds, 1989 No limit

Parking system refunding revenue bond fund, KDFA G bonds, 1995 No limit

Housing system bond fund, KDFA H bonds, 1993 No limit

Farrell library renovation/expansion--gifts/donations fund No limit

Plan/construct/equip Farrell library renovation/expansion fund No limit

Farrell library expansion revenue bond fund, KDFA K bonds, 1995 No limit

Recreation complex revenue bond fund, KDFA D bonds, 1993 No limit

Plant science building phase II--special revenue fund No limit

Site improvements fund No limit

College center construction fund No limit

Bluemont hall defects repair fund No limit

Engineering complex phase II private gift fund No limit

Student recreation building repair, equipment & improvement fund No limit

Coliseum/stadium parking repair & improvement fund No limit

Energy conservation projects fund No limit

Student recreational building bond and interest sinking fund No limit

Student union renovation and expansion fund No limit


Provided, That Kansas state university may make expenditures from the student union ren-
ovation and expansion fund for the capital improvement project to renovate and expand the
student union in an amount of not more than $11,500,000, plus all amounts required for
cost of bond issuance, cost of interest on the bonds during the construction of the project
and required reserves for the payment of principal and interest on the bonds: Provided
further, That such capital improvement project is hereby approved for Kansas state univer-
sity for the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the
authorization of the issuance of bonds by the Kansas development finance authority in
accordance with that statute: And provided further, That all moneys received from the
issuance of any such bonds shall be deposited in the state treasury to the credit of this fund.


Student coliseum bond fee fund No limit

Ackert hall addition--federal fund No limit

Ackert hall addition--gifts and grants fund No limit

Student and staff parking garage--special revenue fund No limit


Provided, That Kansas state university may make expenditures from the student and staff
parking garage--special revenue fund for the capital improvement project to construct a
parking garage in addition to the expenditure of other moneys appropriated therefor: Pro-
vided, however, That expenditures from this fund for such capital improvement project shall
not exceed $10,500,000 plus all amounts required for costs of any bond issuance, costs of
interest on any bond issued or obtained for such capital improvement project and any
required reserves for payment of principal and interest on any bond: Provided further, That
such capital improvement project is hereby approved for Kansas state university for the
purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization
of the issuance of bonds by the Kansas development finance authority in accordance with
that statute: And provided further, That all moneys received from the issuance of any such
bonds shall be deposited in the state treasury to the credit of this fund.


Football stadium expansion--special revenue fund No limit


Provided, That Kansas state university may make expenditures from the football stadium
expansion--special revenue fund for the capital improvement project to expand the football
stadium in addition to the expenditure of other moneys appropriated therefor: Provided,
however, That expenditures from this fund for such capital improvement project shall not
exceed $16,000,000 plus all amounts required for costs of any such bond issuance, costs of
interest on any bonds issued or obtained for such capital improvement projects and any
required reserves for payment of principal and interest on any bond: Provided further, That
such capital improvement project is hereby approved for Kansas state university for the
purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization
of the issuance of bonds by the Kansas development finance authority in accordance with
that statute: And provided further, That all moneys received from the issuance of any such
bonds shall be deposited in the state treasury to the credit of this fund.

    (c) On or before July 10, 1998, and on or before the 10th day of each month thereafter
during fiscal year 1999, the director of accounts and reports shall transfer from the state
general fund to the student coliseum bond fee fund interest earnings based on: (1) The
average daily balance of moneys in the student coliseum bond fee fund for the preceding
month, and (2) the net earnings rate of the pooled money investment portfolio for the
preceding month.

    (d) In addition to the other purposes for which expenditures may be made by the above
agency from the restricted fees fund for the fiscal year ending June 30, 1999, expenditures
may be made by the above agency from the appropriate account or accounts of the restricted
fees fund during fiscal year 1999 for the following capital improvement project or projects,
subject to the expenditure limitations prescribed therefor:


Biological and agricultural engineering research storage building No limit

Konza prairie preserve storage building No limit

Construct materials acoustics laboratory No limit


    (e) In addition to the other purposes for which expenditures may be made by the above
agency from the student union renovation and expansion fund for the fiscal year ending
June 30, 1999, expenditures may be made by the above agency from the student union
renovation and expansion fund during fiscal year 1999 for costs associated with roof repair
on an existing portion of the student union building.

    (f) In addition to the other purposes for which expenditures may be made by the above
agency from the sponsored research overhead fund for the fiscal year ending June 30, 1999,
expenditures may be made by the above agency from the sponsored research overhead fund
for the following capital improvement project or projects, subject to the expenditure limi-
tations prescribed therefor:


Accelerated testing laboratory garage addition No limit

Accelerated testing laboratory storage/equipment shed No limit

Salina national gas machinery laboratory No limit


    (g) During the fiscal year ending June 30, 1999, Kansas state university is hereby au-
thorized to make expenditures to raze Dennison hall.

    (h) On July 1, 1998, any unencumbered balance in each of the following accounts of
the Kansas educational building fund is hereby lapsed: Handicapped accessibility improve-
ments.

    (i) During the fiscal year ending June 30, 1999, Kansas state university is hereby au-
thorized to make expenditures to raze portions of building no. 025 (Seaton hall).

    (j) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1998, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:


Football stadium expansion--special revenue fund No limit


Provided, That Kansas state university may make expenditures from the football stadium
expansion--special revenue fund for the capital improvement project to expand the football
stadium in addition to the expenditure of other moneys appropriated therefor: Provided,
however, That expenditures from this fund for such capital improvement project shall not
exceed $16,000,000 plus all amounts required for costs of any such bond issuance, costs of
interest on any bonds issued or obtained for such capital improvement projects and any
required reserves for payment of principal and interest on any bond: Provided further, That
such capital improvement project is hereby approved for Kansas state university for the
purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization
of the issuance of bonds by the Kansas development finance authority in accordance with
that statute: And provided further, That all moneys received from the issuance of any such
bonds shall be deposited in the state treasury to the credit of this fund.

    Sec. 178.

KANSAS STATE UNIVERSITY EXTENSION SYSTEMS AND
AGRICULTURE RESEARCH PROGRAMS
    (a) In addition to the other purposes for which expenditures may be made by the above
agency from the restricted fees fund for the fiscal year ending June 30, 1999, expenditures
may be made by the above agency from the appropriate account or accounts of the restricted
fees fund during fiscal year 1999 for the following capital improvement project or projects:


Equipment/pesticide storage building No limit

Renovate laboratories in Throckmorton hall No limit

Warehouse expansion--department of agronomy building No limit

Scandia experiment field office facility No limit

Equipment/pesticide storage buildings No limit

Southwest research extension center office/administrative facility No limit

Southeast agriculture research center buildings No limit

South central agronomy experiment field office and storage building No limit

Improvements to grain science value added laboratory No limit


    (b) During the fiscal years ending June 30, 1998, and June 30, 1999, Kansas state uni-
versity extension systems and agriculture research programs is hereby authorized to make
expenditures to raze the barn, building number 882, two residences, buildings numbered
851 and 853, and two garages, buildings numbered 852 and 853a at the Hays agricultural
research center.

    (c) In addition to the other purposes for which expenditures may be made by the above
agency from the sponsored overhead research fund for the fiscal year ending June 30, 1999,
expenditures may be made by the above agency from the sponsored research overhead fund
for the following capital improvement project or projects, subject to the expenditure limi-
tations prescribed therefor:


Southeast agriculture research center buildings No limit


    Sec. 179.

KANSAS STATE UNIVERSITY VETERINARY MEDICAL CENTER
    (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:


Greyhound research facility expansion fund No limit

Energy conservation projects fund No limit


    Sec. 180.

EMPORIA STATE UNIVERSITY
    (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:


Student union refurbishing fund No limit

Bond construction funds fund No limit

Student union addition bond and interest sinking fund No limit

Twin towers project revenue fund No limit

Twin towers bond and interest sinking fund No limit

Twin towers maintenance and equipment reserve fund No limit


    Sec. 181.

PITTSBURG STATE UNIVERSITY
    (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:


1962 dormitory and student apartments sinking fund No limit

1962 dormitory and student apartments revenue fund No limit

1962 dormitory and student apartment repair and replacement fund No limit

Horace Mann construction fund No limit


Provided, That Pittsburg state university may make expenditures from the Horace Mann
construction fund for the renovation of the Horace Mann building: Provided further, That
the capital improvement project to renovate the Horace Mann building is hereby approved
for Pittsburg state university for the purposes of subsection (b) of K.S.A. 74-8905 and
amendments thereto and the authorization of the issuance of bonds by the Kansas devel-
opment finance authority in accordance with that statute: And provided further, That the
above agency is authorized to expend moneys in fiscal years 1998 and 1999 from restricted
fee fund sources for up-front project expenses that will be reimbursed from subsequent
project bonds proceeds: And provided further, That all moneys received from the issuance
of any such project bonds shall be deposited to the credit of this fund.


Willard hall construction fund No limit


Provided, That Pittsburg state university may make expenditures from the Willard hall con-
struction fund for the renovation of Willard hall: Provided further, That the capital improve-
ment project to renovate Willard hall is hereby approved for Pittsburg state university for
the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the author-
ization of the issuance of bonds by the Kansas development finance authority in accordance
with that statute: And provided further, That the above agency is authorized to expend
moneys in fiscal years 1998 and 1999 from the housing system operations fund for up-front
project expenses that will be reimbursed from subsequent project bond proceeds: And
provided further, That all moneys received from the issuance of any such project bonds
shall be deposited to the credit of this fund.


Married student housing and men's dormitory--bond and interest sinkingfund No limit

Married student housing and men's dormitory project revenue fund No limit

Married student housing and men's dormitory repair and replacementfund No limit

Suspense fund No limit

Kansas technology center federal fund No limit

Kansas technology center gifts and donations fund No limit

Jack C. Overman student center renovation fund No limit


    (b) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer amounts specified by the president of Pittsburg state university from the Hor-
ace Mann construction fund to the appropriate accounts of the restricted fees fund to
reimburse the restricted fees fund for upfront project expenses of the capital improvement
project for the renovation of the Horace Mann building financed from the restricted fees
fund during fiscal years 1997, 1998 and 1999.

    (c) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer amounts specified by the president of Pittsburg state university from the Wil-
lard hall construction fund to the housing system operations fund to reimburse the housing
system operations fund for up-front project expenses of the capital improvement project for
the renovation of Willard hall financed from the housing system operations fund during
fiscal years 1997, 1998 and 1999.

    Sec. 182.

UNIVERSITY OF KANSAS
    (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:


Student union renovation revenue fund No limit

Student health facility maintenance, repair, and equipment fee fund No limit

Parking facilities surplus fund--KDFA G bonds, 1993 No limit

Regents center revenue fund--KDFA D bonds, 1990 No limit

Regents center bond reserve fund--KDFA D bonds, 1990 No limit

Regents center surplus fund No limit

Regents center rebate fund No limit

Regents center revenue refund project principal and interest--KDFA Cbonds, 1997 No limit

Student union renovation rebate fund (phase I) No limit

Student union renovation principal and interest--KDFA C bonds,1992 No limit

Student union renovation bond reserve--KDFA C bonds, 1992 No limit

Student union renovation surplus fund--KDFA C bonds, 1992 No limit

Student union renovation rebate fund--KDFA C bonds, 1992 No limit

Bioscience research center rebate fund--KDFA series Q bonds, 1992 No limit

Bioscience research center project account--KDFA A bonds, 1994fund No limit

Bioscience research center principal and interest payment account--KDFA A bonds, 1994 fund No limit

Bioscience research center reserve account--KDFA A bonds, 1994fund No limit

Bioscience research center rebate account--KDFA A bonds, 1994fund No limit

Parking facilities refunding bonds principal and interest fund--KDFA Gbonds, 1993 No limit

Parking facilities refunding bonds reserve fund--KDFA G bonds,1993 No limit

Parking facilities refunding bonds rebate fund--KDFA G bonds, 1993 No limit

Student health facility addition revenue fund No limit

Biosciences research center--special revenue fund No limit


Provided, That all gifts and grants received for the capital improvement project to construct
and equip a biosciences research center, other than those received from the federal gov-
ernment for such capital improvement project, shall be deposited in the state treasury to
the credit of the biosciences research center--special revenue fund: Provided further, That
the above agency may transfer moneys during fiscal year 1999 from the sponsored research
overhead fund and from appropriate accounts of the restricted fees fund to this fund for
such capital improvement project or for debt service for such capital improvement project:
And provided further, That all transfers of moneys for fiscal year 1999 from the sponsored
research overhead fund to this fund shall be in addition to any expenditure limitation im-
posed on the sponsored research overhead fund for fiscal year 1999: And provided further,
That such capital improvement project is hereby approved for the university of Kansas for
the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the author-
ization of the issuance of bonds by the Kansas development finance authority in accordance
with that statute: And provided further, That all moneys received from the issuance of any
such bonds shall be deposited in the state treasury to the credit of this fund.


Law enforcement training center improvements special revenue fund No limit


Provided, That the university of Kansas may make expenditures from the law enforcement
training center improvements special revenue fund for a capital improvement project for
planning and construction--phase II--for law enforcement training center improvements:
Provided, however, That expenditures from this fund for such capital improvement project
shall not exceed $5,436,000: Provided further, That the above agency may transfer moneys
for fiscal year 1999 from the law enforcement training center fund to this fund for such
capital improvement project: And provided further, That all transfers of moneys for fiscal
year 1999 from the law enforcement training center fund to this fund shall be in addition
to any expenditure limitation imposed on the law enforcement training center fund for fiscal
year 1999.


Sunflower research landfill remediation fund No limit

SBSF--Plan, construct, reconstruct and equip Hoch auditorium fund No limit

Renovate Lewis hall--special revenue fund No limit


Provided, That the university of Kansas may make expenditures from the renovate Lewis
hall--special revenue fund for the capital improvement project to renovate the Lewis hall
building in addition to the expenditure of other moneys appropriated therefor: Provided,
however, That expenditures from this fund for such capital improvement project shall not
exceed $5,915,000 plus all amounts required for costs of any bond issuance, costs of interest
on any bond issued or obtained for such capital improvement project and any required
reserves for payment of principal and interest on any bond: And provided further, That the
above agency may transfer moneys for fiscal year 1999 from appropriate accounts of the
housing system operations fund to this fund for such capital improvement project or for
debt service for such capital improvement project: And provided further, That such capital
improvement project is hereby approved for the university of Kansas for the purposes of
subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization of the
issuance of bonds by the Kansas development finance authority in accordance with that
statute: And provided further, That all moneys received from the issuance of any such bonds
shall be deposited in the state treasury to the credit of this fund.


Regents center principal and interest payment account KDFA D bonds,1990 fund No limit

Energy conservation revenue bond KDFA A bonds, 1996 fund No limit

Templin hall renovation principal and interest payment account KDFAE bonds, 1996 fund No limit

Templin hall renovation bond proceeds project account KDFA E bonds,1996 fund No limit

Templin hall renovation university proceeds project account KDFA Ebonds, 1996 fund No limit

Templin hall renovation bond reserve KDFA E bonds, 1996 fund No limit

Watkins health center addition principal and interest payment accountKDFA D bonds, 1995 fund No limit

Watkins health center addition project account KDFA D bonds, 1995fund No limit

Watkins health center addition university proceeds project accountKDFA D bonds, 1995 fund No limit

Watkins health center addition cost of issuance KDFA D bonds, 1995fund No limit

Watkins health center addition bond reserve KDFA D bonds, 1995fund No limit

Regents R&R project KDFA K bonds, 1996 fund No limit

Construct parking garage no. 2--special revenue fund No limit


Provided, That the university of Kansas may make expenditures from the construct parking
garage no. 2--special revenue fund for the capital improvement project to construct a
parking garage in addition to the expenditure of other moneys appropriated therefor: Pro-
vided, however, That expenditures from this fund for such capital improvement project shall
not exceed $10,025,000 plus all amounts required for costs of any bond issuance, costs of
interest on any bond issued or obtained for such capital improvement project and any
required reserves for payment of principal and interest on any bond: Provided further, That
such capital improvement project is hereby approved for the university of Kansas for the
purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization
of the issuance of bonds by the Kansas development finance authority in accordance with
that statute: And provided further, That all moneys received from the issuance of any such
bonds shall be deposited in the state treasury to the credit of this fund.


Edwards campus facility expansion--special revenue fund No limit


Provided, That the university of Kansas may make expenditures from the Edwards campus
facility expansion--special revenue fund for the capital improvement project to expand
facilities on the Edwards campus in addition to the expenditure of other moneys appropri-
ated therefor: Provided, however, That expenditures from this fund for such capital im-
provement project shall not exceed $13,230,000 plus all amounts required for costs of any
bond issuance, costs of interest on any bond issued or obtained for such capital improvement
project and any required reserves for payment of principal and interest on any bond: Pro-
vided further, That such capital improvement project is hereby approved for the university
of Kansas for the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto
and the authorization of the issuance of bonds by the Kansas development finance authority
in accordance with that statute: And provided further, That all moneys received from the
issuance of any such bonds shall be deposited in the state treasury to the credit of this fund.


Construct child care facility--special revenue fund No limit


Provided, That the university of Kansas may make expenditures from the construct child
care facility--special revenue fund for the capital improvement project to construct a child
care facility in addition to the expenditure of other moneys appropriated therefor: Provided,
however, That expenditures from this fund for such capital improvement project shall not
exceed $4,470,000 plus all amounts required for costs of any bond issuance, costs of interest
on any bond issued or obtained for such capital improvement project and any required
reserves for payment of principal and interest on any bond: Provided further, That such
capital improvement project is hereby approved for the university of Kansas for the purposes
of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization of the
issuance of bonds by the Kansas development finance authority in accordance with that
statute: And provided further, That all moneys received from the issuance of any such bonds
shall be deposited in the state treasury to the credit of this fund.


Athletic facilities enhancements--special revenue fund No limit


Provided, That the university of Kansas may make expenditures from the athletic facilities
enhancements--special revenue fund for the capital improvement project to renovate ath-
letic facilities in addition to the expenditure of other moneys appropriated therefor: Pro-
vided, however, That expenditures from this fund for such capital improvement project shall
not exceed $32,391,210 plus all amounts required for costs of any bond issuance, costs of
interest on any bond issued or obtained for such capital improvement project and any
required reserves for payment of principal and interest on any bond: Provided further, That
such capital improvement project is hereby approved for the university of Kansas for the
purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization
of the issuance of bonds by the Kansas development finance authority in accordance with
that statute: And provided further, That all moneys received from the issuance of any such
bonds shall be deposited in the state treasury to the credit of this fund.


Budig hall completion fund No limit


Provided, That during the fiscal year ending June 30, 1999, the director of accounts and
reports shall transfer amounts specified by the chancellor of the university of Kansas from
moneys available to the above agency in special revenue funds for fiscal year 1999, including
the general fees fund, tuition accountability fund, sponsored research overhead fund and
various moneys within the restricted fees fund, including grants, gifts, contracts and fees to
the Budig hall completion fund: Provided, however, That no expenditures shall be made
from this fund until the preliminary plans and program statement for the Budig hall com-
pletion project have been reviewed by the joint committee on state building construction.


Continuing education program building acquisition--special revenuefund No limit


Provided, That the university of Kansas may make expenditures from the continuing edu-
cation program building acquisition--special revenue fund to acquire the real property
located at 1515 St. Andrews Drive in Lawrence, Kansas, in addition to the expenditure of
other moneys appropriated therefor: Provided, however, That expenditures from this fund
for such capital improvement project shall not exceed $2,000,000 plus all amounts required
for costs of any such bond issuance, costs of interest on any bonds issued or obtained for
such capital improvement projects and any required reserves for payment of principal and
interest on any bond: Provided further, That such capital improvement project is hereby
approved for the university of Kansas for the purposes of subsection (b) of K.S.A. 74-8905
and amendments thereto and the authorization of the issuance of bonds by the Kansas
development finance authority in accordance with that statute: And provided further, That
all moneys received from the issuance of any such bonds shall be deposited in the state
treasury to the credit of this fund.


Dole institute gift or grant fund No limit


    (b) During the fiscal year ending June 30, 1999, the university of Kansas is hereby
authorized to make expenditures to raze the jayhawker towers parking garage.

    (c) During the fiscal year ending June 30, 1999, the university of Kansas is hereby
authorized to make expenditures to raze building #17 annex.

    (d) On July 1, 1998, any unencumbered balance in each of the following accounts of
the Kansas educational building fund is hereby lapsed: Decommission nuclear reactor; utility
systems analysis and upgrade; construct addition to Dyche hall.

    (e) In addition to the other purposes for which expenditures may be made from the
above agency from the continuing education programs account of the restricted fees fund
for the fiscal year ending June 30, 1999, as authorized by this act or by any other appro-
priation act of the 1998 regular session of the legislature, expenditures may be made by the
above agency from the continuing education programs account of the restricted fees fund
for fiscal year 1999 for the acquisition of the real property located at 1515 St. Andrews
Drive in Lawrence, Kansas.

    (f) In addition to the other purposes for which expenditures may be made from the
above agency from the operating expenditures (including official hospitality) account of the
state general fund for the fiscal year ending June 30, 1999, as authorized by this act or by
any other appropriation act of the 1998 regular session of the legislature, expenditures may
be made by the above agency from the operating expenditures (including official hospitality)
account of the state general fund for fiscal year 1999 for the acquisition of Erma B.Smith
Hall which is located on the campus in Lawrence, Kansas, in accordance with a payment
schedule prescribing payments over a period of not more than 20 years under a contract
for purchase of the Erma B.Smith Hall, which contract is hereby authorized to be entered
into by the above agency and which contract and payments are subject to appropriations
therefor.

    (g) In addition to the other purposes for which expenditures may be made from the
above agency from the restricted fees fund for the fiscal year ending June 30, 1999, as
authorized by this act or by any other appropriation act of the 1998 regular session of the
legislature, expenditures may be made by the above agency from the appropriate account
or accounts of the restricted fees fund for fiscal year 1999 for the acquisition of 2.31 acres
of land near DeSoto, Kansas.

    (h) In addition to the other purposes for which expenditures may be made from the
state budget stabilization fund for fiscal year 1999, expenditures may be made by the above
agency from the state budget stabilization fund for fiscal year 1999 for the following specified
purpose or purposes, subject to the expenditure limitations prescribed therefor:


Dole institute of public service and public policy $3,000,000


Provided, That all expenditures by the above agency from the state budget stabilization fund
for fiscal year 1999 for the Dole institute of public service and public policy shall be in
addition to any expenditure limitation imposed on the state budget stabilization fund for
fiscal year 1999.

    Sec. 183.

UNIVERSITY OF KANSAS MEDICAL CENTER
    (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:


Parking facility KDFA principal and interest fund No limit

Parking facility KDFA bond reserve fund No limit

Parking facility KDFA surplus fund No limit

Medical library bond and interest sinking fund No limit

Parking facility revenue fund No limit

Parking facility bond and interest sinking fund No limit

Parking facility refunding interest and sinking fund No limit

Parking facility rebate fund--KDFA F bonds--1988 No limit

Parking facility refunding repair and construction fund No limit

Cancer center project fund KDFA J bonds--1992 No limit

Biomedical research building principal and interest sinking fund No limit

Rehabilitation and repair projects for institutions of higher educationfund No limit

1985 parking facility refund revenue bond--repair and constructionfund No limit

Regents R&R project KDFA K bonds, 1996 fund No limit

Construct and equip research building fund No limit

Construct and equip center for health in aging fund No limit


Provided, That the university of Kansas medical center may make expenditures from the
construct and equip center for health in aging fund for the capital improvement project to
construct the center for health in aging in addition to the expenditure of other moneys
appropriated therefor: Provided, however, That expenditures from this fund for such capital
improvement project shall not exceed $8,000,000 plus all amounts required for costs of any
bond issuance, costs of interest on any bond issued or obtained for such capital improvement
project and any required reserves for payment of principal and interest on any bond: Pro-
vided further, That the above agency may transfer moneys for fiscal year 1999 from appro-
priate accounts of the sponsored research overhead fund to this fund for such capital im-
provement project or for debt service for such capital improvement project: And provided
further, That such capital improvement project is hereby approved for the university of
Kansas medical center for the purposes of subsection (b) of K.S.A. 74-8905 and amendments
thereto and the authorization of the issuance of bonds by the Kansas development finance
authority in accordance with that statute: And provided further, That all moneys received
from the issuance of any such bonds shall be deposited in the state treasury to the credit of
this fund.


Construct and equip research support facility fund No limit


Provided, That the university of Kansas medical center may make expenditures from the
construct and equip research support facility fund for the capital improvement project to
construct an addition to the research support facility in addition to the expenditure of other
moneys appropriated therefor: Provided, however, That expenditures from this fund for
such capital improvement project shall not exceed $3,250,000 plus all amounts required for
costs of any bond issuance, costs of interest on any bond issued or obtained for such capital
improvement project and any required reserves for payment of principal and interest on
any bond: Provided further, That the above agency may transfer moneys for fiscal year 1999
from appropriate accounts of the sponsored research overhead fund to this fund for such
capital improvement project or for debt service for such capital improvement project: And
provided further, That such capital improvement project is hereby approved for the uni-
versity of Kansas medical center for the purposes of subsection (b) of K.S.A. 74-8905 and
amendments thereto and the authorization of the issuance of bonds by the Kansas devel-
opment finance authority in accordance with that statute: And provided further, That all
moneys received from the issuance of any such bonds shall be deposited in the state treasury
to the credit of this fund.

    (b) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer amounts certified by the chancellor of the university of Kansas from the spon-
sored research overhead fund to the biomedical research principal and interest sinking fund.

    (c) During the fiscal year ending June 30, 1999, the university of Kansas medical center
is hereby authorized to make expenditures to raze portions of building no. 13 (the Eleanor
Taylor administration building).

    (d) During the fiscal year ending June 30, 1999, the university of Kansas medical center
is hereby authorized to make expenditures to raze building no. 4 (Hinch hall).

    (e) On July 1, 1998, any unencumbered balance in each of the following accounts of
the Kansas educational building fund is hereby lapsed: Ventilating and air conditioning
repairs to Bell memorial hospital--phase III.

    Sec. 184.

WICHITA STATE UNIVERSITY
    (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:


On-campus parking construction and maintenance fund No limit


    Sec. 185.

DEPARTMENT OF HUMAN RESOURCES
    (a) In addition to the other purposes for which expenditures may be made by the above
agency from the employment security administration fund for fiscal year 1998, and in ad-
dition to capital improvement projects authorized by section 19 of chapter 150 of the 1997
Session Laws of Kansas, expenditures may be made by the above agency from the employ-
ment security administration fund for fiscal year 1998 for capital improvement projects:
Provided, That such expenditures from this fund for capital improvement projects shall be
made only for the following capital improvement purposes: (1) Renovating the Wichita office
into a phone center operation, and (2) creating additional parking for the main office of the
department of human resources located at 401 Topeka Ave, Topeka, Kansas: Provided fur-
ther, That expenditures from this fund for fiscal year 1998 for capital improvement projects
for such capital improvement purposes shall not exceed $244,000: And provided further,
That all expenditures from this fund for capital improvement projects for such capital im-
provement purposes shall be in addition to any expenditure limitation imposed on the em-
ployment security administration fund for fiscal year 1998.

    (b) In addition to the other purposes for which expenditures may be made by the above
agency from the employment security administration fund for fiscal year 1999, expenditures
may be made by the above agency from the employment security administration fund from
moneys made available to the state under section 903 of the federal social security act, as
amended, during fiscal year 1999: Provided, That expenditures from this fund during fiscal
year 1999 of moneys made available to the state under section 903 of the federal social
security act, as amended, shall be made only for the following capital improvement purposes:
(1) For major maintenance of existing buildings used by the department of human resources
for employment security purposes; (2) for paving, landscaping and acquiring fixed equip-
ment as may be required for the use and operation of such buildings; (3) for the purposes
of purchasing real property adjoining or near the main office of the department of human
resources located at 401 Topeka Avenue, Topeka, Kansas, for parking lot expansion for such
office; or (4) for any combination of these purposes: Provided further, That expenditures
from this fund during fiscal year 1999 of moneys made available to the state under section
903 of the federal social security act, as amended, for such capital improvement purposes
shall not exceed $123,500 plus the amounts of unencumbered balances as of June 30, 1998,
for capital improvement projects approved for fiscal years prior to fiscal year 1999: And
provided further, That all expenditures from this fund for any such capital improvement
purposes or projects shall be in addition to any expenditure limitation imposed on the
employment security administration fund for fiscal year 1999.

    Sec. 186.

KANSAS COMMISSION ON VETERANS AFFAIRS
    (a) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 1998, for the capital improvement project as follows:


Power plant construction $80,065


    (b) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 1999, for the capital improvement project or projects
specified as follows:


Repair and rehabilitation projects $110,000

Halsey hall remodeling $200,000


Provided, That no expenditures shall be made from the Halsey hall remodeling account to
construct an enclosed smoking area at Halsey hall.

    (c) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:


Veterans' home federal construction grant fund $0


Provided, That all moneys received by the above agency as federal grants for the purposes
of construction and remodeling at the Kansas veterans' home, which grants are hereby
authorized to be applied for and received by the above agency, shall be deposited in the
state treasury to the credit of the Veterans' home federal construction grant fund.

    Sec. 187.

ATTORNEY GENERAL--KANSAS BUREAU OF INVESTIGATION
    (a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 1998, for the capital improvement project or projects specified as
follows:


Rehabilitation and repair--headquarters building $25,000


    (b) There is hereby appropriated for the above agency from the state general fund for
the fiscal year ending June 30, 1999, for the capital improvement project or projects spec-
ified as follows:


Rehabilitation and repair--headquarters building $15,000


Provided, That any unencumbered balance in the rehabilitation and repair--headquarters
building account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal
year 1999.


Debt service principal payment--headquarters building $165,000


    Sec. 188.

KANSAS HIGHWAY PATROL
    (a) In addition to the other purposes for which expenditures may be made from the
highway patrol training center fund for fiscal year 1999, expenditures may be made by the
above agency from the highway patrol training center fund for fiscal year 1998 to make debt
service payments for the Kansas highway patrol training center at Salina for the bonds issued
for such project pursuant to subsection (b) of section 6 of chapter 326 of the 1992 Session
Laws of Kansas.

    (b) In addition to the other purposes for which expenditures may be made from the
highway patrol training center fund for fiscal year 1999, expenditures may be made by the
above agency from the highway patrol training center fund for fiscal year 1999 for the
following capital improvement project or projects, subject to the expenditure limitation
prescribed therefor:


Training center--remodeling, rehabilitation and repair projects $50,000


Provided, That all expenditures from each such capital improvement account shall be in
addition to any expenditure limitation imposed on the highway patrol training center fund
for fiscal year 1999.

    (c) In addition to other purposes for which expenditures may be made by the above
agency from the motor carrier inspection fund for fiscal year 1999, expenditures may be
made by the above agency from the motor carrier inspection fund during fiscal year 1999
for the following capital improvement project or projects, subject to the expenditure limi-
tations prescribed therefor:


Remodeling, rehabilitation and repair projects $50,000

Replacement of scales $91,138


Provided, That all expenditures from each such capital improvement account shall be in
addition to any expenditure limitation imposed on the motor carrier inspection fund for
fiscal year 1999.

    (d) In addition to the other purposes for which expenditures may be made by the above
agency from the motor carrier inspection fund for fiscal year 1999, expenditures may be
made by the above agency from the unencumbered balance as of June 30, 1998, in each of
the following capital improvement accounts of the motor carrier inspection fund for fiscal
year 1999: Replacement of Caney Trailer: Provided, That expenditures for fiscal year 1999
from the unencumbered balance in any such account shall not exceed the unencumbered
balance in such account on June 30, 1998: Provided further, That all expenditures for fiscal
year 1999 from the unencumbered balance in any such account shall be in addition to any
expenditure limitation imposed on the motor carrier inspection fund for fiscal year 1999.

    Sec. 189.

ADJUTANT GENERAL
    (a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 1999, for the capital improvement project or projects specified as
follows:


Armory roofing projects $589,790


    (b) Any unencumbered balance in excess of $100 as of June 30, 1998, in each of the
following capital improvement accounts of the state general fund is hereby reappropriated
for fiscal year 1999: Rehabilitation and repair projects.

    (c) In addition to the other purposes for which expenditures may be made from the
state budget stabilization fund for fiscal year 1999, expenditures may be made by the above
agency from the state budget stabilization fund for fiscal year 1999 for the following specified
purpose or purposes, subject to the expenditure limitations prescribed therefor:


Iola armory additions $333,848


Provided, That all expenditures by the above agency from the state budget stabilization fund
for fiscal year 1999 for the Iola armory addition shall be in addition to any expenditure
limitation imposed on the state budget stabilization fund for fiscal year 1999: Provided,
however, That no expenditures may be made from the Iola armory addition account of the
state budget stabilization fund until the adjutant general certifies to the director of accounts
and reports that (1) an amount of not less than $1,569,243 has been received from the
federal government specifically for the construction of the Iola armory addition and (2) an
amount of not less than $209,232 has been received from local government sources specif-
ically for the construction of the Iola armory addition.

    Sec. 190.

DEPARTMENT OF WILDLIFE AND PARKS
    (a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 1999, for the capital improvement project or projects specified as
follows:


Handicapped accessibility renovation $28,037


Provided, That any unencumbered balance in the handicapped accessibility renovation ac-
count in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999.

Any unencumbered balance in excess of $100 as of June 30, 1998, in each of the following
capital improvement accounts of the state general fund is hereby reappropriated for fiscal
year 1999: Prairie Spirit rails-to-trails project; flood damage repair; rehabilitation and re-
pair.


Matching grant for development of wetlands project at Milfordreservoir $361,512


Provided, That expenditures from this account may be made by the secretary of wildlife and
parks upon verification by the chairperson of WILDSCAPE that federal funds are available
from the U.S. army corps of engineers for development of the Milford wetlands: Provided,
however, That funds provided by the Kansas department of wildlife and parks to WILD-
SCAPE shall not be used to finance the administrative costs of WILDSCAPE.

    (b) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:


Department access road fund No limit

Bridge maintenance fund No limit

Migratory waterfowl propagation and protection fund $100,000

Renovation of Cheyenne bottoms--federal fund No limit

Bureau of reclamation federal flood aid fund No limit

Cheyenne bottoms project gift fund No limit

Rails-to-trails federal fund No limit

Economic development initiatives grant fund No limit


Provided, That, in addition to the other purposes for which expenditures may be made by
the above agency from the economic development initiatives grant fund for fiscal year 1999,
expenditures may be made by the above agency for fiscal year 1999 from the unencumbered
balance as of June 30, 1998, in each of the following capital improvement accounts of the
economic development initiatives grant fund: Prairie Spirit rails-to-trails project: Provided,
however, That expenditures from the unencumbered balance of any such account shall not
exceed the unencumbered balance in such account on June 30, 1998.

    (c) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $1,350,000 from the state highway fund of the department
of transportation to the department access road fund of the department of wildlife and
parks.

    (d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $200,000 from the state highway fund of the department
of transportation to the bridge maintenance fund of the department of wildlife and parks.

    (e) In addition to the other purposes for which expenditures may be made by the above
agency from the migratory waterfowl propagation and protection fund for fiscal year 1999,
expenditures may be made by the above agency for fiscal year 1999 from the unencumbered
balance as of June 30, 1998, in each existing capital improvement account of the migratory
waterfowl propagation and protection fund: Provided, That all expenditures from the unen-
cumbered balance of any such account shall not exceed the amount of the unencumbered
balance in such account on June 30, 1998: Provided further, That all expenditures from the
unencumbered balance of any such account shall be in addition to any expenditure limitation
imposed on the migratory waterfowl propagation and protection fund for fiscal year 1999.

    (f) In addition to the other purposes for which expenditures may be made by the above
agency from the boating fee fund for fiscal year 1999, expenditures may be made by the
above agency for fiscal year 1999 from the unencumbered balance as of June 30, 1998, in
each existing capital improvement account of the boating fee fund: Provided, That expend-
itures from the unencumbered balance of any such existing capital improvement account
shall not exceed the amount of the unencumbered balance in such account on June 30,
1998: Provided further, That all expenditures from the unencumbered balance of any such
account shall be in addition to any expenditure limitation imposed on the boating fee fund
for fiscal year 1999 and shall be in addition to any other expenditure limitation imposed on
any such account of the boating fee fund for fiscal year 1999.

    (g) In addition to the other purposes for which expenditures may be made from the
state budget stabilization fund for fiscal year 1999, expenditures may be made by the above
agency from the state budget stabilization fund for fiscal year 1999 for the following specified
purpose or purposes, subject to the expenditure limitations prescribed therefor:


State budget stabilization fund ADA accessibility $71,963

Comprehensive capital improvements for state parks $10,000,000


Provided, That all expenditures by the above agency from the state budget stabilization fund
for fiscal year 1999 for the state budget stabilization fund ADA accessibility projects and
the comprehensive capital improvements for state parks shall be in addition to any expend-
iture limitation imposed on the state budget stabilization fund for fiscal year 1999.

    (h) In addition to the other purposes for which expenditures may be made by the above
agency from the state budget stabilization fund for fiscal year 1999, expenditures may be
made by the above agency for fiscal year 1999 from the unencumbered balance as of June
30, 1998, in each existing capital improvement account of the above agency in the state
budget stabilization fund: Provided, That expenditures from the unencumbered balance of
any such existing capital improvement account shall not exceed the amount of the unen-
cumbered balance in such account on June 30, 1998: Provided further, That all expenditures
from the unencumbered balance of any such account shall be in addition to any expenditure
limitation imposed on the state budget stabilization fund for fiscal year 1999.

    (i) In addition to the other purposes for which expenditures may be made by the above
agency from the wildlife fee fund for fiscal year 1999, expenditures may be made by the
above agency from the following capital improvement account or accounts of the wildlife
fee fund during fiscal year 1999 for the following capital improvement project or projects,
subject to the expenditure limitations prescribed therefor:


Wildlife fee fund ADA renovation fishery enhancements $200,000

Wildlife fee fund land acquisition $250,000

Wildlife fee fund rehabilitation and repair $250,000

Federally mandated boating access $850,000


Provided, That all expenditures from each such capital improvement account shall be in
addition to any expenditure limitation imposed on the wildlife fee fund for fiscal year 1999.

    (j) In addition to the other purposes for which expenditures may be made by the above
agency from the wildlife fee fund for fiscal year 1999, expenditures may be made by the
above agency for fiscal year 1999 from the unencumbered balance as of June 30, 1998, in
each existing capital improvement account of the wildlife fee fund: Provided, That expend-
itures from the unencumbered balance of any such existing capital improvement account
shall not exceed the amount of the unencumbered balance in such account on June 30,
1998: Provided further, That all expenditures from the unencumbered balance of any such
account shall be in addition to any expenditure limitation imposed on the wildlife fee fund
for fiscal year 1999: And provided further, That, on July 1, 1998, any unencumbered balance
as of June 30, 1998, in each of the following capital improvement accounts of the wildlife
fee fund is hereby lapsed: Repair outlet--Brown state fishing lake; expand Wichita urban
fishing waters.

    (k) In addition to the other purposes for which expenditures may be made by the above
agency from the wildlife conservation fund for fiscal year 1999, expenditures may be made
by the above agency for fiscal year 1999 from the unencumbered balance as of June 30,
1998, in each existing capital improvement account of the wildlife conservation fund: Pro-
vided, That expenditures from the unencumbered balance of any such existing capital im-
provement account shall not exceed the amount of the unencumbered balance in such
account on June 30, 1998: Provided further, That all expenditures from the unencumbered
balance of any such account shall be in addition to any expenditure limitation imposed on
the wildlife conservation fund for fiscal year 1999 and shall be in addition to any other
expenditure limitation imposed on any such account of the wildlife conservation fund for
fiscal year 1999.

    (l) In addition to the other purposes for which expenditures may be made by the above
agency from the parks fee fund for fiscal year 1999, expenditures may be made by the above
agency for fiscal year 1999 from the unencumbered balance as of June 30, 1998, in each
existing capital improvement account of the parks fee fund: Provided, That expenditures
from the unencumbered balance of any such existing capital improvement account shall not
exceed the amount of the unencumbered balance in such account on June 30, 1998: Pro-
vided further, That all expenditures from the unencumbered balance of any such account
shall be in addition to any expenditure limitation imposed on the parks fee fund for fiscal
year 1999.

    (m) In addition to the other purposes for which expenditures may be made by the above
agency from the nongame wildlife improvement fund for fiscal year 1999, expenditures may
be made by the above agency for fiscal year 1999 from the unencumbered balance as of
June 30, 1998, in each existing capital improvement account of the nongame wildlife im-
provement fund: Provided, That expenditures from the unencumbered balance of any such
existing capital improvement account shall not exceed the amount of the unencumbered
balance in such account on June 30, 1998: Provided further, That all expenditures from the
unencumbered balance of any such account shall be in addition to any expenditure limitation
imposed on the nongame wildlife improvement fund for fiscal year 1999 and shall be in
addition to any other expenditure limitation imposed on any such account of the nongame
wildlife improvement fund for fiscal year 1999.

    (n) During the fiscal year ending June 30, 1999, any expenditures by the department
of wildlife and parks from any moneys appropriated for fiscal year 1999, for wetlands ac-
quisition shall be for the acquisition of existing wetlands that are adjacent to state-owned
wetlands in Barton county or McPherson county: Provided, That, as used in this subsection,
wetlands are defined as areas that have a predominance of hydric soils and that are inundated
or saturated by surface or groundwater at a frequency and duration sufficient to support,
and under normal circumstances do support, a prevalence of hydrophytic vegetation typically
adapted for life in saturated soil conditions.

    (o) During the fiscal year ending June 30, 1999, any expenditures by the department of
wildlife and parks from any moneys appropriated for fiscal year 1999, for land acquisition
related to the playa lakes project shall be for lands which are adjacent to playa lakes prop-
erties that are already owned by the state: Provided, That no pumping of groundwater may
be done on any such newly acquired properties.

    Sec. 191.

JUVENILE JUSTICE AUTHORITY
    (a) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 1999, for the capital improvement project or projects
specified as follows:


Capital improvements--rehabilitation, remodeling, renovation and repairof juvenile correctional facilities $1,147,075


Provided, That the commissioner of juvenile justice is hereby authorized to transfer moneys
during fiscal year 1999 from the capital improvements--rehabilitation, remodeling, reno-
vation and repair of juvenile correctional facilities account of the state institutions building
fund to an account or accounts of the state institutions building fund of any institution or
facility under the jurisdiction of the commissioner of juvenile justice to be expended during
fiscal year 1999 by the institution or facility for capital improvement projects approved by
the commissioner of juvenile justice.

    Sec. 192. Appeals to exceed position limitations. The limitations imposed by this act on
the number of full-time and regular part-time positions equated to full-time, excluding
seasonal and temporary positions, paid from appropriations for the fiscal year ending June
30, 1999, made in this act or in any other appropriation act of the 1998 regular session of
the legislature may be exceeded upon approval of the state finance council.

    Sec. 193. Appeals to exceed limitations. Upon written application to the governor and
approval of the state finance council, expenditures from special revenue funds may exceed
the amounts specified in this act.

    Sec. 194. Savings. Any unencumbered balance as of June 30, 1998, in any special rev-
enue fund, or account thereof, which is not otherwise specifically appropriated or limited
by this or other appropriation act of the 1998 regular session of the legislature, is hereby
appropriated for the fiscal year ending June 30, 1999, for the same use and purpose as the
same was heretofore appropriated.

    Sec. 195. Federal grants. Each federal grant or other federal receipt which is received
by a state agency named in this act and which is not otherwise appropriated to that state
agency by this or other appropriation act of the 1998 regular session of the legislature, is
hereby appropriated for the fiscal year ending June 30, 1999, for that state agency for the
purpose set forth in such federal grant or receipt, except that no expenditure shall be made
from and no obligation shall be incurred against any such federal grant or other federal
receipt, which has not been previously appropriated or reappropriated or approved for
expenditure by the governor, until the governor has authorized the state agency to make
expenditures therefrom.

    Sec. 196. Any transfers of money during the fiscal year ending June 30, 1999, from any
special revenue fund of any state agency named in this act to the audit services fund of the
division of post audit under K.S.A. 46-1121 and amendments thereto shall be in addition to
any expenditure limitation imposed on any such fund for the fiscal year ending June 30,
1999.

    Sec. 197. Any correctional institutions building fund appropriation heretofore appro-
priated to any state agency named in this or other appropriation act of the 1998 regular
session of the legislature, and having an unencumbered balance as of June 30, 1998, in
excess of $100 is hereby reappropriated for the fiscal year ending June 30, 1999, for the
same uses and purposes as originally appropriated unless specific provision is made for
lapsing such appropriation.

    Sec. 198. Any Kansas educational building fund appropriation heretofore appropriated
to any institution named in this or other appropriation act of the 1998 regular session of the
legislature and having an unencumbered balance as of June 30, 1998, in excess of $100 is
hereby reappropriated for the fiscal year ending June 30, 1999, for the same use and purpose
as originally appropriated, unless specific provision is made for lapsing such appropriation.

    Sec. 199. Any state institutions building fund appropriation heretofore appropriated to
any state agency named in this or other appropriation act of the 1998 regular session of the
legislature and having an unencumbered balance as of June 30, 1998, in excess of $100 is
hereby reappropriated for the fiscal year ending June 30, 1999, for the same use and purpose
as originally appropriated, unless specific provision is made for lapsing such appropriation.

    Sec. 200. Any Kansas special capital improvements fund appropriation heretofore ap-
propriated to any state agency named in this or other appropriation act of the 1998 regular
session of the legislature, and having an unencumbered balance as of June 30, 1998, in
excess of $100 is hereby reappropriated for the fiscal year ending June 30, 1999, for the
same use and purpose as originally appropriated unless specific provision is made for lapsing
such appropriation.

    Sec. 201. On the effective date of this act, K.S.A. 75-3730a and 75-3730b are hereby
repealed.

    Sec. 202. On July 1, 1998, K.S.A. 79-2964, 79-3425i and 79-34,147 and section 23 of
chapter 123 of the 1997 Session Laws of Kansas are hereby repealed.'';

    And by renumbering sections accordingly;

    In the title, by striking all in lines 12 through 15 and inserting in lieu thereof the following:

``AN ACT making and concerning appropriations for the fiscal years ending June 30, 1998,
      and June 30, 1999; authorizing certain transfers, capital improvement projects and fees,
      imposing certain restrictions and limitations and directing or authorizing certain receipts,
      disbursements and acts incidental to the foregoing; amending K.S.A. 79-2964, 79-3425i
      and 79-34,147 and repealing the existing sections; also repealing K.S.A. 75-3730a and
      75-3730b and section 23 of chapter 123 of the 1997 Session Laws of Kansas.'';

                                                                                           And your committee on conference recommends the adoption of this report.

                                                                                    Phil Kline

                                                                                    Mike Farmer

                                                                                    Henry M. Helgerson, Jr.
 
                                                                                    Conferees on part of House

                                                                                    Dave Kerr

                                                                                    Alicia Salisbury

                                                                                    Marge Petty
 
Conferees on part of Senate





 On motion of Rep. Phil Kline, the conference committee report on SB 495 was adopted.

 On roll call, the vote was: Yeas 85; Nays 38; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Allen, Aurand, Ballard, Ballou, Beggs, Boston, Campbell, Carmody, Cook, Cox,
Crow, Dillon, Dreher, Faber, Farmer, Findley, Flaharty, Flora, Flower, Franklin, Freeborn,
Geringer, Gilbert, Gilmore, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, John-
ston, Kejr, Phil Kline, Kuether, Lane, Larkin, M. Long, Mason, Mays, McClure, McCreary,
McKechnie, McKinney, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Pauls, E.
Peterson, J. Peterson, Phelps, Pottorff, Powers, Ray, Reardon, Ruff, Samuelson, Sawyer,
Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Swenson,
Thimesch, Toelkes, Vickrey, Weber, Weiland, Wells.

 Nays: Adkins, Alldritt, Benlon, Burroughs, Correll, Dahl, Dean, Edmonds, Empson,
Feuerborn, Garner, Glasscock, Kirk, Klein, Phill Kline, Krehbiel, Landwehr, P. Long, Ma-
yans, Minor, Mollenkamp, Osborne, Packer, Palmer, Powell, Presta, Reinhardt, Spangler,
Storm, Tanner, Tomlinson, Toplikar, Vining, Wagle, Welshimer, Wempe, Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Compton.

CONFERENCE COMMITTEE REPORT

    Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2724, submits the following report:

    The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:

    On page 3, in line 11, preceding ``coronal'' by inserting ``(A)''; in line 12, preceding the
period, by inserting: ``and (B) coronal scale teeth above the gum line as long as such pro-
cedure is not performed on a patient who has undergone local or general anesthesia at the
time of the procedure, is undertaken by a nonlicensed person who has successfully com-
pleted necessary training for performing such dental procedure in a course of study approved
by the board, which course of study is consistent with American dental association accred-
itation standards and includes but is not limited to adequate instruction on scaling the teeth
and recognition of periodontal disease, is undertaken by a person who has met the experi-
ence requirements for performing such procedures as established by the board and such
procedure is performed prior to July 1, 2001. The provisions of this part (B) of subsection
(h)(5) shall expire on July 1, 2001'';

    On page 4, in line 32, by inserting a quote mark preceding ``Direct'';

    On page 6, in line 11, by striking ``and'' and inserting a comma; in line 12, after ``regents''
by inserting ``and the Kansas dental board'';

    On page 10, in line 20, after ``(c)'' by inserting: ``Upon the effective date of this act, in
order to expand the membership to the prescribed six dentists and two dental hygienists,
the governor shall appoint three additional dentists and one additional hygienist to the board
in the manner described in this section. Of the three new dental members, one shall serve
until April 30, 2000, one shall serve until April 30, 2001 and one shall serve until April 30,
2002, as designated by the governor. Thereafter, all terms shall be four-year terms beginning
May 1 of the appointment year and expiring April 30 four years later. When the terms of
the existing dentist members which expire May 1, 2000, and May 1, 2001 conclude, then
successors' shall be appointed for four year terms beginning May 1 and expiring April 30
four years later. The additional dental hygienist appointed upon the effective date of this
act shall serve until April 30, 2002, and thereafter the successor shall serve a four-year term
beginning May 1 and expiring April 30 four years later.'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Sandy Praeger

                                                                                    Janice Hardenburger

                                                                                    Chris Steineger
 
                                                                                    Conferees on part of Senate

                                                                                    Carols Mayans

                                                                                    Ted Powell

                                                                                    Jerry Henry
 
Conferees on part of House

 On motion of Rep. Mayans to adopt the conference committee report on HB 2724, Rep.
Reinhardt offered a substitute motion to not adopt the conference committee report and
asked that a new conference committee be appointed. The substitute motion did not prevail.

 The question then reverted back to the original motion of Rep. Mayans and the confer-
ence committee report was adopted.

 On roll call, the vote was: Yeas 93; Nays 29; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Boston, Campbell, Carmody, Cook,
Correll, Crow, Dahl, Dillon, Dreher, Edmonds, Empson, Farmer, Findley, Flora, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Kejr, Kirk, Phil Kline,
Phill Kline, Kuether, Landwehr, M. Long, P. Long, Mason, Mayans, McClure, McCreary,
McKechnie, McKinney, Minor, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne,
Packer, Palmer, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Presta, Ray, Reinhardt,
Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver,
Shultz, Sloan, Stone, Tanner, Toelkes, Toplikar, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wempe, Wilk, Wilson.

 Nays: Aurand, Benlon, Burroughs, Cox, Dean, Faber, Feuerborn, Flaharty, Flower, Hen-
derson, Hutchins, Johnson, Johnston, Klein, Krehbiel, Lane, Larkin, Mays, Mollenkamp,
Morrison, Pauls, Powers, Reardon, Spangler, Storm, Swenson, Thimesch, Tomlinson, Vick-
rey.

 Present but not voting: None.

 Absent or not voting: Compton, Jennison.

CONFERENCE COMMITTEE REPORT

    Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2806, submits the following report:

    The Senate recedes from all of its amendments to the bill;

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Tim Emert

                                                                                    Keith Schraad

                                                                                    Paul Feleciano, Jr.
 
                                                                                    Conferees on part of Senate

                                                                                    Kent Glasscock

                                                                                    Gwen Welshimer

                                                                                    Ted Powers
 
Conferees on part of House

 On motion of Rep. Glasscock, the conference committee report on HB 2806 was
adopted.

 On roll call, the vote was: Yeas 115; Nays 7; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston, Burroughs, Camp-
bell, Carmody, Cook, Correll, Cox, Crow, Dean, Dillon, Dreher, Edmonds, Empson, Far-
mer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer,
Gilbert, Gilmore, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry,
Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Johnson, Johnston, Kejr, Kirk,
Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, M. Long, Ma-
yans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison,
Myers, Neufeld, Nichols, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson,
Phelps, Pottorff, Powell, 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: Ballou, Dahl, Faber, Gregory, P. Long, Mason, O'Connor.

 Present but not voting: None.

 Absent or not voting: Compton, Jennison.

CONFERENCE COMMITTEE REPORT

    Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to Substitute for SB 675, submits the following report:

    Your committee on conference agrees to disagree and recommends that a new conference
committee be appointed;

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Barbara P. Allen

                                                                                    Peggy Palmer
 
                                                                                    Conferees on part of House

                                                                                    Pat Ranson

                                                                                    Nick Jordan
 
Conferees on part of Senate

 On motion of Rep. Allen, the conference committee report on Sub. SB 675 was adopted.

 Speaker Shallenburger thereupon appointed Reps. Allen, Palmer and Spangler as second
conferees on the part of the House.

CONFERENCE COMMITTEE REPORT

    Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 482, submits the following report:

    The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:

    On page 10, in line 42, by striking ``or''; in line 43, before ``21-3442'' by inserting ``and
amendments thereto; (17) involuntary manslaughter while driving under the influence of
alcohol or drugs as defined in K.S.A. ``; also in line 43, by striking ``(17)'' and inserting ``(18)'';

    On page 15, in line 19, after ``21-3404,'' by inserting ``21-3439,'';

    On page 16, in line 40, by striking ``criminal justice agency,'';

    On page 17, by striking all in lines 26 through 43;

    On page 18, by striking all in lines 1 through 13;

    And by renumbering sections accordingly;

    Also on page 18, in line 14, by striking ``8-1,129,'';

    On page 1, in the title, in line 14, by striking ``crimes, criminal procedure and punish-
ment;''; in line 15, by striking ``relating to''; also in line 15, before ``diversion'' by inserting
``relating to''; in line 16, by striking ``penalty for unlawful parking''; in line 17, by striking
``in accessible parking space in certain circumstances;''; in line 18, by striking ``8-1,129,'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Tim Carmody

                                                                                    Terry Presta

                                                                                    Jim D. Garner
 
                                                                                    Conferees on part of House

                                                                                    Tim Emert

                                                                                    Edward W. Pugh

                                                                                    Greta Goodwin
 
Conferees on part of Senate

 On motion of Rep. Carmody, the conference committee report on SB 482 was adopted.

 On roll call, the vote was: Yeas 111; Nays 12; Present but not voting: 0; Absent or not
voting: 1.

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

 Nays: Dean, Flora, Gilbert, Helgerson, Krehbiel, Larkin, McKechnie, E. Peterson,
Phelps, Sawyer, Thimesch, Welshimer.

 Present but not voting: None.

 Absent or not voting: Compton.

CONFERENCE COMMITTEE REPORT

    Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 536, submits the following report:

    The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:

    On page 39, in line 18, by striking ``otherwise authorized by law to diagnose mental
disorders'' and inserting ``designated by the head of a participating mental health center'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Tim Carmody

                                                                                    Terry Presta

                                                                                    Jim D. Garner
 
                                                                                    Conferees on part of House

                                                                                    Tim Emert

                                                                                    Edward W. Pugh

                                                                                    Greta Goodwin
 
Conferees on part of Senate

 On motion of Rep. Carmody, the conference committee report on SB 536 was adopted.

 On roll call, the vote was: Yeas 120; Nays 3; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, 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, Hayzlett, Helgerson, Hen-
derson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, John-
son, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane,
Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, Mc-
Kinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Os-
borne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore,
Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tom-
linson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk,
Wilson.

 Nays: Haley, Reardon, Spangler.

 Present but not voting: None.

 Absent or not voting: Compton.

 The House stood at ease until the sound of the gavel.

______
 Speaker Shallenburger called the House to order.

MESSAGE FROM THE SENATE

[cm  The Senate adopts the conference committee report to agree to disagree on SB 11 ,
requests a new conference committee, and has appointed Senators Kerr, Morris and Petty
as third conferees on the part of Senate.

 The Senate nonconcurs in House amendments to SB 44, requests a conference and has
appointed Senators Langworthy, Corbin and Lee as conferees on the part of the Senate.

 The Senate nonconcurs in House amendments to H. Sub. for Sub. SB 424, requests a
conference and has appointed Senators Praeger, Steffes and Feleciano as conferees on the
part of the Senate.

INTRODUCTION OF ORIGINAL MOTIONS

 On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 44.

 Speaker Shallenburger thereupon appointed Reps. Phill Kline, Powell and Larkin as con-
ferees on the part of the House.

 On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on H. Sub. for Sub. SB 424.

 Speaker Shallenburger thereupon appointed Reps. Neufeld, Landwehr and Helgerson as
conferees on the part of the House.

 The House stood in recess until 5:30 p.m.





______
Evening Session
 The House met pursuant to recess with Speaker Shallenburger in the chair.

MESSAGE FROM THE SENATE

 The Senate adopts conference committee report on SB 482.

 The Senate adopts conference committee report on SB 495.

 The Senate adopts conference committee report on SB 536.

 The Senate adopts the conference committee report to agree to disagree on Sub. SB
675, requests a new conference committee, and has appointed Senators Ranson, Jordan
and Barone as second conferees on the part of Senate.

 The Senate adopts conference committee report on HB 2820.

CONFERENCE COMMITTEE REPORT

    Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2820, submits the following report:

    The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:

    On page 16, in line 29, following the period, by inserting: ``If a parent has been convicted
of capital murder, K.S.A. 21-3439 and amendments thereto or murder in the first degree,
K.S.A. 21-3401 and amendments thereto as provided in subsection (a)(7), the burden of
proof is on the parent to rebut the presumption by clear and convincing evidence.'';

    On page 17, by striking all in lines 41, 42 and 43;

    By striking all of page 18;

    On page 19, by striking all in lines 1 through 42 and inserting the following:

    ``New Sec. 11. (a) Except as provided in subsection (d), a parent entitled to the custody
of a child pursuant to K.S.A. 38-1121, and amendments thereto, shall give written notice to
the other parent who has been granted custodial or visitation rights pursuant to subsection
(d) of K.S.A. 38-1121, and amendments thereto, not less than 21 days prior to changing the
residence of the child to a place outside this state or removing the child from this state for
a period of time exceeding 90 days. Such notice shall be sent by restricted mail, return
receipt requested, to the last known address of the other parent.

    (b) Failure to give notice as required by subsection (a) is an indirect civil contempt
punishable as provided by law. In addition, the court may assess, against the parent required
to give notice, reasonable attorney fees and any other expenses incurred by the other parent
by reason of the failure to give notice.

    (c) A change of the residence of a child to another state or removal of a child from this
state for a period of time exceeding 90 days may be considered a material change of cir-
cumstances which justifies modification of a prior order of child support or custody.

    (d) A parent entitled to the custody of a child pursuant to K.S.A. 38-1121, and amend-
ments thereto, shall not be required to give the notice required by this section to the other
parent when the other parent has been convicted of any crime specified in article 34, 35 or
36 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, in which the
child is the victim of such crime.

    (e) This section shall be part of and supplemental to the Kansas parentage act.'';

    On page 1, in the title, in line 16, by striking ``post-termination''; by striking all in line 17;
in line 18, by striking all before ``amending'' and inserting ``relating to notice of change in
child's residence;'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Tim Emert

                                                                                    Edward W. Pugh

                                                                                    Greta Goodwin
 
                                                                                    Conferees on part of Senate

                                                                                    Tim Carmody

                                                                                    Jim Morrison

                                                                                    Jim D. Garner
 
Conferees on part of House



 On motion of Rep. Carmody, the conference committee report on HB 2820 was adopted.

 On roll call, the vote was: Yeas 121; Nays 0; Present but not voting: 0; Absent or not
voting: 3.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, 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, Hayzlett, Helgerson, Hen-
derson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, John-
son, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane,
Larkin, M. Long, P. Long, 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, 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: None.

 Absent or not voting: Compton, Haley, Mason.

CONFERENCE COMMITTEE REPORT

    Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 424, submits the following report:

    The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as amended by the House on Final Action, as
follows:

    By striking all of subsection (c) of section 1 and inserting:

    ``(c) The secretary is authorized to contract with entities authorized to transact health
insurance business in this state to implement the health insurance coverage plan pursuant
to subsection (a) providing for several plan options to enrollees which are coordinated with
federal and state child health care programs, except that when contracting to provide man-
aged mental health care services the secretary shall assure that contracted entities demon-
strate the ability to provide a full array of mental health services in accordance with the
early and periodic screening, diagnosis and treatment plan. The secretary shall not develop
a request for proposal process which excludes community mental health centers from the
opportunity to bid for managed mental health care services.'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Melvin Neufeld

                                                                                    Brenda K. Landwehr

                                                                                    Henry M. Helgerson, Jr.
 
                                                                                    Conferees on part of House

                                                                                    Sandy Praeger

                                                                                    Don Steffes

                                                                                    Paul Feleciano, Jr.
 
Conferees on part of Senate

 On motion of Rep. Neufeld, the conference committee report on H. Sub. for Sub. SB
424 was adopted.

 On roll call, the vote was: Yeas 121; Nays 0; Present but not voting: 0; Absent or not
voting: 3.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, 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, Hayzlett, Helgerson, Hen-
derson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, John-
son, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane,
Larkin, M. Long, P. Long, 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, 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: None.

 Absent or not voting: Compton, Haley, Mason.

MOTIONS TO CONCUR AND NONCONCUR

 On motion of Rep. Boston, the House nonconcurred in Senate amendments to HB 2510
and asked for a conference.

 Speaker Shallenburger thereupon appointed Reps. Boston, Tanner and Gilbert as con-
ferees on the part of the House.

REPORT OF STANDING COMMITTEE

 Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that

 Request No. 180, by Representative Dahl, honoring Andrew and Wilma Schmidt on 50
years of marriage;

 Request No. 181, by Representative Dahl, honoring Herbert and Doris Guhr on 50
years of marriage;

 Request No. 182, by Representative Wagle, congratulating David L. Dvorak on achiev-
ing Eagle Scout;

 Request No. 183, by Representative Dahl, honoring Kenneth and Ruby Schroeder on
50 years of marriage;

 Request No. 184, by Representative Dahl, honoring Harley and Alice Koop on 50 years
of marriage;

 Request No. 185, by Representative Benlon, honoring Jonathan Ronald Wear for achiev-
ing Eagle Scout;

 Request No. 186, by Representative Johnson, commending Blythe Ridenour for dedi-
cation and hard work as intern for Rep. Johnson during the 1998 session;

 Request No. 187, by Representative Schwartz, commending Brenden Wirth for dedi-
cation and hard work as intern for Rep. Schwartz during the 1998 session;

 Request No. 188, by Representatives Gilmore and Tanner, congratulating the Bower-
man Family, named 1998 Baker University Family of the Year;

 Request No. 189, by Representatives Packer and Shallenburger, congratulating Adam
Chmelka for receiving a perfect score on the ACT;

 Request No. 190, by Representatives Garner and Correll, congratulating Kristi Garber,
named 1998 Kansas Outstanding High School Vocational Student and a finalist for All Amer-
ican Vocational Student;

 Request No. 191, by Representative Schwartz, honoring Tom Beninga for 50 years of
service as Madison Township treasurer;

 Request No. 192, by Representative Pauls, honoring ALTRUSA International, District
Eight Conference for the members' literacy projects and other community service projects;

 Request No. 193, by Representative Reardon, congratulating Wyandotte High School
Boys' Basketball Team for winning the Kansas State 5A Championship;

 Request No. 194, by Representative Spangler, recognizing Alma L. Hackathorn on her
100th birthday;

 Request No. 195, by Representative Empson, congratulating Alyson Addington for re-
ceiving the Girl Scout Gold Award;

 Request No. 196, by Representative Empson, congratulating Erin Sanders for receiving
the Girl Scout Gold Award;

 Request No. 197, by Representative Compton, congratulating Christina Ogle for her
selection to the Governor's Scholars Award Program;

 Request No. 198, by Representative Spangler, recognizing the Red Devil BBQ as the
Kansas State BBQ Champion;

 Request No. 199, by Representative Spangler, recognizing Amino Brothers Construction
Company for their contribution to the Development of the Interstate Highway System;

 Request No. 200, by Representative Horst, congratulating Grant William Hay for achiev-
ing Eagle Scout;

 Request No. 201, by Representative Horst, congratulating Gen Gillespie on winning the
1998 Kansas Spelling Bee Championship;

 Request No. 202, by Representative Horst, congratulating Thomas James Hatfield for
achieving Eagle Scout;

 Request No. 203, by Representative Horst, congratulating Stephen F. Patrick for achiev-
ing Eagle Scout;

 Request No. 204, by Representative Henderson, congratulating Wyandotte High School
Boys' Basketball Team and Coaches on winning the Kansas Class 5A State Championship;

 Request No. 205, by Representative Henderson, congratulating Sumner Academy Boys'
Basketball Team and Coaches on winning the Kansas Class 4A State Championship;

 Request No. 206, by Representative Huff, commending Scott Benolkin on receiving a
perfect score on the ACT;

 Request No. 207, by Representative Benlon, congratulating the Shawnee Mission North-
west CCC Class for their endless commitment in volunteering in the community;

 Request No. 208, by Representative Pottorff, recognizing Anna Perleberg on receiving
aperfect score on the ACT;

 Request No. 209, by Representative Pottorff, recognizing Katie Mitchell on receiving a
perfect score on the ACT;

be approved and the Chief Clerk of the House be directed to order the printing of said
certificates and order drafting of said resolutions.

 On motion of Rep. Jennison, the committee report was adopted.

CONFERENCE COMMITTEE REPORT

    Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 535, submits the following report:

    The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee amendments,
as follows:

    On page 18, by striking all in lines 9 through 43;

    On page 19, by striking all in lines 1 through 5 and inserting in lieu thereof the following:

    ``New Sec. 18. (a) An automated external defibrillator may be used by any qualified
person.

    (b) Any qualified person who gratuitously and in good faith renders emergency care or
treatment by the use of or provision of an automated external defibrillator shall not be held
liable for any civil damages as a result of such care or treatment or as a result of any act or
failure to act in providing or arranging further medical treatment where the person acts as
an ordinary reasonably prudent person would have acted under the same or similar circum-
stances.

    (c) As used in this section, ``qualified person'' means a person who: (1) Has completed
a course in cardiopulmonary resuscitation or a basic first aid course that includes cardio-
pulmonary resuscitation training and (2) has completed a course of training in the use of
automated external defibrillators and (3) has demonstrated proficiency in the use of an
automated external defibrillator.'';

    On page 1, in the title, in line 15, by striking ``automatic'' and inserting ``automated'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Carlos Mayans

                                                                                    Jim Morrison

                                                                                    Jerry Henry
 
                                                                                    Conferees on part of House

                                                                                    Sandy Praeger

                                                                                    Larry D. Salmans

                                                                                    Chris Steineger
 
Conferees on part of Senate

 On motion of Rep. Mayans, the conference committee report on SB 535 was adopted.

 On roll call, the vote was: Yeas 121; Nays 0; Present but not voting: 0; Absent or not
voting: 3.

 Yeas: Adkins, Alldritt, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Camp-
bell, Carmody, 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, Hen-
derson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, John-
son, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane,
Larkin, M. Long, P. Long, 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, 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: None.

 Absent or not voting: Allen, Compton, Mason.

 The House stood at ease until the sound of the gavel.



______
 Speaker Shallenburger called the House to order.

CONFERENCE COMMITTEE REPORT

    Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to Substitute for SB 675, submits the following report:

    The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:

    On page 2, in line 37, by striking all after ``housing''; in line 38, by striking all before
``has'';

    On page 6, in line 34, by striking ``2,500'' and inserting ``4,000, other than acreage com-
mitted to public or governmental uses'';

    On page 8, in line 2, by striking ``, the council on travel and tourism''; in line 24, by striking
``and the council on travel and tourism'';

    On page 31, in line 14, after the comma by inserting ``located within a county which
according to the 1990 decennial census contained a population greater than 25,000,''; in line
15, by striking ``$1,500,000''; also in line 15, by striking ``any unit of local'' and inserting ``the
unified''; in line 16, by striking ``local'' and inserting ``such unified''; in line 17, by striking
``direct''; also in line 17, by striking all after ``project''; in line 18, by striking all before the
period and inserting ``during the course of negotiations with the developer'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Barbara P. Allen

                                                                                    Peggy Palmer
 
                                                                                    Conferees on part of House

                                                                                    Pat Ranson

                                                                                    Nick Jordan

                                                                                    Jim Barone
 
Conferees on part of Senate

 On motion of Rep. Allen to adopt the conference committee report on Sub. SB 675,
Rep. Spangler offered a substitute motion to not adopt the conference committee report
and asked that a new conference committee be appointed. The substitute motion prevailed.

 Speaker Shallenburger thereupon appointed Reps. Allen, Palmer and Spangler as third
conferees on the part of the House.

MOTIONS TO CONCUR AND NONCONCUR

 On motion of Rep. Mayans, the House concurred in Senate amendments to HCR 5042,
A concurrent resolution establishing a task force on providers of mental health services to
study the providing of treatment for persons with mental disorders. (The House requested
the Senate to return the resolution, which was in conference).

 On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, 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, Howell, Huff, Humerickhouse, Hutchins, Jennison,
Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mayans, Mays, McClure, McCreary, McKechnie, McKin-
ney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne,
Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, 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: None.

 Absent or not voting: Compton, Mason.

CONFERENCE COMMITTEE REPORT

    Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to House Substitute for SB 212, submits the following report:

    The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed as amended by House Committee of
the Whole, as follows:

    On page 1, by striking all after the enacting clause; by striking all in page 2;

    On page 3, by striking all before line 18;

    By renumbering the existing sections;

    Also on page 3, in line 25, by striking ``2001'' and inserting ``2003''; in line 26, by striking
all after the period; by striking lines 27 through 36; in line 37, by striking all before ``Each''
and inserting:

    ``With respect to enhanced universal service, such schedules shall provide for deployment
of ISDN, or its technological equivalent, or broadband facilities, only upon a firm customer
order for such service, or for deployment of other enhanced universal services by a local
exchange carrier. After receipt of such an order and upon completion of a deployment plan
designed to meet the firm order or otherwise provide for the deployment of enhanced
universal service, a local exchange carrier shall notify the commission. The commission shall
approve the plan unless the commission determines that the proposed deployment plan is
unnecessary, inappropriate, or not cost effective, or would create an unreasonable or ex-
cessive demand on the KUSF. The commission shall take action within 90 days. If the
commission fails to take action within 90 days, the deployment plan shall be deemed ap-
proved. This approval process shall continue until July 1, 2000.'';

    On page 4, in line 13, by striking ``, or the technological equivalent,'';

    On page 9, in line 18, by striking ``The''; by striking lines 19 and 20; in line 21, by striking
all before ``Any''; in line 26, by striking ``8.8'' and inserting ``8.89''; in line 29, after the period
by inserting the following:

    ``Prior to January 1, 2000, with respect to wireless telecommunications service providers,
an equitable and nondiscriminatory rate shall be an amount equal to the rate of contributions
of wireline telecommunications service providers, as determined by the commission, re-
duced by the percentage minutes of usage initiated and terminated entirely over the wireless
network as determined by the commission. The commission shall establish such rate for
wireless telecommunications service providers no later than December 31, 1998.'';

    Also, on page 9, in line 40, by striking all after the period; by striking lines 41 and 42; in
line 43, by striking all before ``If'';

    On page 10, in line 5, by striking ``: (1) A'' and inserting ``a''; in line 7, by striking all after
``request''; by striking lines 8, 9, and 10``; in line 11, by striking ``area''; in line 16, by striking
all after ``customers''; by striking line 17; in line 18, by striking all before ``within''; in line
28 after the second ``service'', by inserting ``, deployed subject to subsection (a) of K.S.A.
66-2005, and amendments thereto,'';

    On page 11, in line 11, before ``October'', by inserting ``or after''; also in line 11, by striking
all after the period; by striking lines 12 through 14; in line 25, by striking all after ``both''
and inserting ``technically and economically feasible.'';

    On page 12, in line 2, before the semicolon, by inserting ``with no deterioration of such
service'';

    On page 13, by striking all after line 32;

    On page 14, by striking all before line 15 and inserting new sections as follows:

    ``New Sec. 4. (a) The commission shall establish a KUSF working committee. The
membership of the working committee shall be determined by the commission subject to
the conditions set forth in subsection (b). The legislative coordinating council shall designate
the chair of the committee and the chair shall be a legislative member. Meetings shall be
on call of the chair.

    (b) The membership of the KUSF working committee shall include:

    (1) One representative for each of the following: Local exchange carriers subject to
price cap regulation, interexchange carriers, cable companies, wireless telecommunications
service providers, rural telephone companies, local exchange carriers certificated after Jan-
uary 1, 1996, competitive access providers, internet service providers, the citizens' utility
ratepayer board;

    (2) a faculty member from a Kansas university with expertise in telecommunications
technology, a representative of elementary and secondary schools, a representative of a
public library, a large business, other than a telecommunications public utility and a small
business, other than a telecommunications public utility; and

    (3) eight legislators as follows: two members of the house standing committee on utilities
appointed by the speaker of the house of representatives, two members of such committee
appointed by the minority leader of the house of representatives, two members of the senate
standing committee on commerce appointed by the president of the senate and two mem-
bers of such committee appointed by the minority leader of the senate. Legislators serving
as members of the committee and those members described in paragraph (2) shall receive
amounts provided by subsection (e) of K.S.A. 75-3223 and amendments thereto for each
day of actual attendance at any meeting of the task force or any subcommittee meeting
approved by the task force. Such amounts paid to members shall be paid from appropriations
to the legislative coordinating council pursuant to vouchers prepared by the director of
legislative administrative services and approved by the chairperson or vice-chairperson of
the legislative coordinating council.

    (c) The KUSF working committee shall discuss, identify and develop recommendations
regarding technology issues, KUSF funding regulatory procedures, modifications to en-
hanced universal service and other issues identified by the committee, including but not
limited to:

    (1) The definition of enhanced universal service;

    (2) how and when enhanced universal services should be deployed;

    (3) what mechanism is most appropriate for the recovery of capital costs; and

    (4) how to address internet access in light of changing technology.

    (d) On or before December 1, 1998, the KUSF working committee shall submit a report
and recommendations to the legislature based on the activities of the working committee.

    (e) The legislative research department, the commission and office of the revisor of
statutes shall provide staff support for the committee. Legislative staff shall prepare the
report and any recommendations of the working committee.

    New Sec. 5. (a) As used in this section:

    (1) ``Express authorization'' means an express, affirmative act by a consumer clearly
agreeing to the change in the consumer's telecommunications carrier or local exchange
carrier to another carrier.

    (2) ``Telecommunications services'' has the meaning provided by K.S.A. 66-1,187 and
amendments thereto.

    (b) No local exchange carrier or telecommunications carrier shall submit to a local
exchange carrier an order to change a consumer's telecommunications carrier or local
exchange carrier to another carrier without having obtained the express authorization of the
consumer authorized to make the change. The local exchange carrier or telecommunications
carrier requesting the change shall have the burden of proving the express authorization by
a preponderance of the evidence.

    (c) No local exchange carrier, telecommunications carrier or third party utilized to verify
an order to change a consumer's telecommunications carrier or local exchange carrier to
another carrier shall:

    (1) Engage in any activity, conduct or representation while soliciting or verifying a
change in a consumer's telecommunications carrier or local exchange carrier to another
carrier that has the capacity to mislead, deceive or confuse the consumer;

    (2) employ a box or container used to collect entries for sweepstakes, contests or draw-
ings to gather letters of agency or other documents that constitute authorizations by con-
sumers to change the consumers' telecommunications carrier or local exchange carrier to
another carrier or to change or add to the consumers' other telecommunications services;
or

    (3) use any methods not approved by the federal communications commission statutes,
rules and regulations (as in effect on the effective date of this act) or state corporation
commission rules and regulations to change a consumer's telecommunications carrier or
local exchange carrier to another carrier.

    (d) Any local exchange carrier or telecommunications carrier that violates subsection
(b) or (c) shall be subject to a civil penalty of not less than $5,000 nor more than $20,000
for each such violation instead of the penalty provided for in subsection (a) of K.S.A. 50-
636, and amendments thereto.

    (e) Any violation of this section is a deceptive and unconscionable act or practice under
the provisions of the Kansas consumer protection act and shall be subject to any and all of
the enforcement provisions of the Kansas consumer protection act. Nothing in this section
shall preclude the state corporation commission from exerting its authority as it pertains to
intrastate services nor the attorney general from pursuing violations of any other provisions
of the Kansas consumer protection act by a local exchange carrier or telecommunications
carrier.

    (f) All local exchange carriers shall offer consumers the option of notifying the local
exchange carrier in writing that they do not desire any change of telecommunications carrier
regardless of any orders to the contrary submitted by any third party. The consumer shall
be permitted to cancel such notification or to change its telecommunications carrier by
notifying the consumer's local exchange carrier accordingly. All local exchange carriers shall
annually notify the consumers of the carrier's telecommunications services of the availability
of this option.

    (g) This section shall be part of and supplemental to the Kansas consumer protection
act.

    Also on page 14, in line 15, by striking ``66-1,187'';

    In the title, in line 10, by striking ``universal''; in line 11, by striking ``service,''; in line 12,
by striking ``66-1,187'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Clay Aurand

                                                                                    Tom Sloan

                                                                                    Dennis McKinney
 
                                                                                    Conferees on part of House

                                                                                    Alicia L. Salisbury

                                                                                    Karin S. Brownlee

                                                                                    Jim Barone
 
Conferees on part of Senate

 On motion of Rep. Aurand to adopt the conference committee report on H. Sub. for
SB 212, Rep. Burroughs offered a substitute motion to not adopt the conference committee
report and asked that a new conference committee be appointed. The substitute motion did
not prevail.

 The question then reverted back to the original motion of Rep. Aurand and the conference
committee report was adopted.

 On roll call, the vote was: Yeas 99; Nays 23; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Correll, Cox, Crow, Dahl, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn,
Findley, Flaharty, Flora, Flower, Freeborn, Geringer, Gilbert, Glasscock, Grant, Gregory,
Haley, Hayzlett, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison,
Johnson, Johnston, Kejr, Kirk, Phil Kline, Phill Kline, Krehbiel, Kuether, Lane, Larkin, M.
Long, P. Long, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morri-
son, Myers, Neufeld, Nichols, O'Neal, Osborne, Pauls, E. Peterson, J. Peterson, Phelps,
Pottorff, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenbur-
ger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Tanner, Thimesch, To-
elkes, Tomlinson, Toplikar, Vickrey, Weber, Weiland, Wells, Welshimer, Wempe, Wilk.

 Nays: Campbell, Carmody, Cook, Dean, Franklin, Garner, Gilmore, Helgerson, Hen-
derson, Klein, Landwehr, Mayans, Mays, O'Connor, Packer, Palmer, Powell, Powers, Span-
gler, Swenson, Vining, Wagle, Wilson.

 Present but not voting: None.

 Absent or not voting: Compton, Mason.

EXPLANATION OF VOTE
 Mr. Speaker: While H. Sub. for SB 212 may slightly reduce some charges, it isn't
enough. I vote no on H. Sub. for SB 212 and urge the legislature to reduce the cost
increases it caused in the 1996 telecommunications act.--Henry M. Helgerson, Jr.,
Cliff Franklin, Tony Powell

MESSAGES FROM THE GOVERNOR

 HB 2282, 2607, 2832, 2854, 2867, 2902 approved on April 10, 1998.

INTRODUCTION OF ORIGINAL MOTIONS

 Pursuant to Joint Rule 3 (f), Rep. Jennison moved that the rules be suspended and that
no copies be printed of the conference committee report on SB 11. The motion prevailed.





CONFERENCE COMMITTEE REPORT

    MR. PRESIDENT and MR. SPEAKER: Your committee on conference on House
amendments to SB 11, submits the following report:

    The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:

    On page 1, by striking all in lines 32 through 43;

    By striking all on pages 2 through 74;

    On page 75, by striking all in lines 1 through 7 and inserting the following:

    ``Section 1. K.S.A. 1997 Supp. 20-2601, as amended by section 15 of 1997 Senate Bill
No. 382, is hereby amended to read as follows: 20-2601. As used in K.S.A. 20-2601 et seq.
and amendments thereto, unless the context otherwise requires:

    (a) ``Fund'' means the Kansas public employees retirement fund created by K.S.A. 74-
4921 and amendments thereto;

    (b) ``retirement system for judges'' means the system provided for in the acts contained
in article 26 of chapter 20 of the Kansas Statutes Annotated and any acts amendatory thereof
or supplemental thereto;

    (c) ``judge'' means any duly elected or appointed justice of the supreme court, judge of
the court of appeals or judge of any district court of Kansas, who serves in such capacity on
and after the effective date of this act and commencing with the first day of the first payroll
period of the fiscal year ending June 30, 1994, any district magistrate judge who makes an
election as provided in K.S.A. 20-2620 and amendments thereto or who is elected or ap-
pointed on or after July 1, 1993;

    (d) ``member'' means a judge who is making the required contributions to the fund, or
any former judge who has made the required contributions to the fund and has not received
a refund of the judge's accumulated contributions;

    (e) ``prior service'' means all the periods of time any judge has served in such capacity
prior to the effective date of this act except that district magistrate judges who have service
credit under the Kansas public employees retirement system must make application to the
board and, subject to the provisions of section 83 and amendments thereto, make payment
as required by the board to transfer service credit from the Kansas public employees re-
tirement system to the retirement system for judges;

    (f) ``current service'' means the period of service any judge serves in such capacity from
and after the effective date of this act;

    (g) ``military service'' means service of any judge for which retirement benefit credit
must be given as provided in the uniformed services employment and reemployment rights
act of 1994, as in effect on July 1, 1998;

    (h) ``total years of service'' means the total number of years served as a judge, including
prior service, military service and current service as defined by this section, computed to
the nearest quarter;

    (i) ``salary'' means the statutory salary of a judge;

    (j) ``final average salary'' means that determined as provided in subsection (b) of K.S.A.
20-2610 and amendments thereto;

    (k) ``beneficiary'' means any natural person or persons or estate designated by a judge
in the latest designation of beneficiary received in the retirement system office to receive
any benefits as provided for by this act. Except as provided in subsection (n), if there is no
named beneficiary living at the time of the judge's death, any benefits provided for by this
act shall be paid to: (1) The judge's surviving spouse; (2) the judge's dependent child or
children; (3) the judge's dependent parent or parents; (4) the judge's nondependent child
or children; (5) the judge's nondependent parent or parents; or (6) the estate of the deceased
member; in the order of preference as specified in this subsection. Any payment made to
a named beneficiary shall be a full discharge and release to the system from any further
claims. Any payment made to a beneficiary as provided in clauses (1), (2), (3), (4), (5) or
(6) of this subsection, as determined by the board, shall be a full discharge and release to
the system from any further claims. Whenever any payment is payable to more than one
beneficiary such payment shall be made to such beneficiaries jointly. Any benefits payable
to a beneficiary or beneficiaries who are minor children or incompetent persons shall be
made in the name of the beneficiary or beneficiaries and delivered to the lawfully appointed
conservator of such beneficiaries who was nominated by will or as otherwise provided by
law, except that in those cases where the benefit involves only the payment of the judge's
accumulated contributions with interest as provided by this act in an amount not to exceed
$500, the board is hereby authorized in its discretion without the appointment of a conser-
vator or the giving of a bond to pay such amount as is due to the minor or minors themselves,
any payment so made shall be a full discharge and release to the system from any further
claims. Designations of beneficiaries by a member who is a member of more than one
retirement system made on or after July 1, 1987, shall be the basis of any benefits payable
under all systems unless otherwise provided by law;

    (l) ``annuity'' means a series of equal monthly payments, payable at the end of each
calendar month during the life of a retired judge, of which payments the first payment shall
be made as of the end of the calendar month in which such annuity was awarded and the
last payment shall be at the end of the calendar month in which such judge dies. The first
payment shall include all amounts accrued since the effective date of the award of annuities,
including a pro rata portion of the monthly amount of any fraction of a month elapsing
between the effective date of such annuity and the end of the calendar month in which such
annuity began;

    (m) ``board'' means the board of trustees of the Kansas public employees retirement
system;

    (n) ``trust'' means an express trust created by any trust instrument, including a will, and
designated by a member to receive benefits and other amounts payable under K.S.A. 20-
2607, 20-2610a and 20-2612, and amendments thereto, instead of a beneficiary. A desig-
nation of a trust shall be filed with the board. If there is a designated trust at the time of
the member's death, all benefits and other amounts payable under K.S.A. 20-2607, 20-2610a
and 20-2612, and amendments thereto, shall be paid to the trust instead of the member's
beneficiary. If no will is admitted to probate within six months after the death of the member
or no trustee qualifies within such six months or if the designated trust fails, for any reason
whatsoever, any benefits and other amounts payable under K.S.A. 20-2607, 20-2610a and
20-2612, and amendments thereto, shall be paid to the member's beneficiary and any pay-
ments so made shall be a full discharge and release to the retirement system for judges from
any further claims;

    (o) ``accumulated contributions'' means the sum of all contributions by a member to
the retirement system for judges which are credited to the member's account, with interest
allowed thereon after June 30, 1982;

    (p) ``federal internal revenue code'' means the federal internal revenue code of 1954 or
1986, as in effect on July 1, 1998, and as applicable to a governmental plan; and

    (q) except as otherwise provided in K.S.A. 20-2601 et seq. and amendments thereto,
words and phrases used in K.S.A. 20-2601 et seq. and amendments thereto shall have the
same meanings ascribed to them as are defined in K.S.A. 74-4902 and amendments thereto.

    Sec. 2. K.S.A. 20-2601a is hereby amended to read as follows: 20-2601a. (a) On and
after July 1, 1975, the Kansas judges retirement board established pursuant to K.S.A. 20-
2604 and amendments thereto shall be and is hereby abolished, and on said such date, except
as otherwise provided in this act, all of the powers, duties and functions of said Kansas
judges retirement board, whether in its capacity as that board pursuant to K.S.A. 20-2604
and amendments thereto or in its capacity as the Kansas official court reporters retirement
board pursuant to K.S.A. 20-2704, shall be and are hereby transferred to and conferred and
imposed upon the board of trustees of the Kansas public employees retirement system.

    (b) Except as otherwise provided in this act, the board of trustees of the Kansas public
employees retirement system shall be the successor in every way to the powers, duties and
functions of the Kansas judges retirement board, whether in its capacity as that board pur-
suant to K.S.A. 20-2604 and amendments thereto or in its capacity as the Kansas official
court reporters retirement board pursuant to K.S.A. 20-2704, in which the same were vested
prior to July 1, 1975. Every act performed in the exercise of such powers, duties and func-
tions by or under the authority of the board of trustees of the Kansas public employees
retirement system shall be deemed to have the same force and effect as if performed by
the Kansas judges retirement board in which such powers, duties and functions were vested
prior to July 1, 1975.

    (c) On and after July 1, 1975, whenever the Kansas judges retirement board, or words
of like effect, is referred to or designated by a statute or contract or other document, such
reference or designation shall be deemed to apply to the board of trustees of the Kansas
public employees retirement system.

    (d) On and after July 1, 1975, whenever the Kansas official court reporters retirement
board, or words of like effect, is referred to or designated by a statute or contract or other
document, such reference or designation shall be deemed to apply to the board of trustees
of the Kansas public employees retirement system.

    (e) The board of trustees of the Kansas public employees retirement system shall adopt
rules and regulations necessary for the administration of the retirement system for judges
and for the transaction of business consistent with law. All rules or regulations of the Kansas
judges retirement board in existence on July 1, 1975, whether adopted when acting as that
board pursuant to K.S.A. 20-2604 and amendments thereto or when acting as the Kansas
official court reporters retirement board pursuant to K.S.A. 20-2704, shall continue in force
and effect and shall be deemed to be duly adopted rules or regulations of the board of
trustees of the Kansas public employees retirement system, until revised, amended, revoked
or nullified pursuant to law.

    (f) All decisions and determinations of the Kansas judges retirement board in effect on
July 1, 1975, whether made when acting as that board pursuant to K.S.A. 20-2604 and
amendments thereto or when acting as the Kansas official court reporters retirement board
pursuant to K.S.A. 20-2704, shall continue in force and effect and shall be deemed to be
decisions and determinations of the board of trustees of the Kansas public employees re-
tirement system, until revised, amended, revoked or nullified pursuant to law.

    Sec. 3. K.S.A. 20-2606, as amended by section 17 of 1997 Senate Bill No. 382, is hereby
amended to read as follows: 20-2606. (a) Any judge whose service is terminated prior to
retirement, for any cause other than death, may, upon written request to the board and
after 30 days after such termination, may have returned the total amount of accumulated
contributions which the judge has made to the fund after the retirement system for judges
has a reasonable time to process the application for withdrawal. The return of accumulated
contributions to a judge shall preclude that judge from any benefits under the retirement
system for judges unless and until that judge again serves in such capacity.

    (b) Any incumbent judge over 70 years of age with a total service of at least eight years
at the time the judge's present term of office expires, or at the time of retirement if the
judge retires before the end of the judge's present term, shall receive retirement annuities
as provided in K.S.A. 20-2608, 20-2609 and 20-2610, and any amendments thereto, unless
the judge requests the return of accumulated contributions under this section.

    (c) In case any judge, who has had such judge's accumulated contributions returned
under this section, serves again in such capacity, such judge may return, subject to the
provisions of section 83 and amendments thereto, the amount refunded under this section
without interest or penalty and regain such judge's original status under the retirement
system for judges.

    (d) Subject to the provisions of section 83 and amendments thereto, any member of the
retirement system for judges who was previously a member of the Kansas public employees
retirement system or the Kansas police and firemen's retirement system and who forfeited
service credit under either of those systems by reason of termination of employment and
withdrawal of their contributions to that system, may elect to purchase service credit for
the previously forfeited service credit by means of having employee contributions as pro-
vided in K.S.A. 20-2603 and amendments thereto deducted from such judge's compensation
at an additional rate of contribution, based upon such judge's attained age at the time of
purchase and using actuarial assumptions and tables in use by the retirement system at such
time of purchase for such periods of service. Such additional rate of contribution shall com-
mence at the beginning of the quarter following such election and shall remain in effect until
all of the full quarters of such service have been purchased. Such member may purchase
such service by means of a single lump-sum payment and in lieu of employee contributions
as provided in this subsection. Such service shall be recredited to that system. The amount
of the lump-sum payment shall be determined by the actuary using the member's then
current annual rate of compensation and, the actuarial assumptions and tables then currently
in use by that retirement system and the judge's attained age.

    Sec. 4. K.S.A. 20-2609 is hereby amended to read as follows: 20-2609. (a) Any judge
who has become permanently physically or mentally disabled and who is not entitled to
retire under K.S.A. 20-2608 and amendments thereto may, upon being found so disabled
by the supreme court, retire under this section, and upon such retirement such judge shall
be entitled to receive an annuity, each monthly payment of which shall be in an amount
equal to 3.5% of the final average salary of the judge, determined as provided in subsection
(b) of K.S.A. 20-2610 and amendments thereto, multiplied by the number of total years of
service, but for any judge who becomes disabled as provided in this section on or after July
1, 1998, such monthly benefits shall be at least 25% 50% but shall not exceed 70% of the
final average salary of the judge, determined as provided in subsection (b) of K.S.A. 20-
2610 and amendments thereto.

    (b) Any judge, or the conservator of any judge, desiring to retire under the provisions
of this section shall file an application for such retirement with the clerk of the supreme
court, which application shall be in such form and contain such information as the supreme
court shall require. The court may require such judge to be examined by a physician ap-
pointed by the court and may require such other evidence and proof of disability as it deems
necessary to reach a determination as to whether such judge is so permanently disabled. If
the supreme court shall determine that any such judge is so permanently disabled it shall
promptly notify the board and thereupon such judge shall be placed on retirement by the
board and monthly receive the retirement annuity as provided in this section.

    (c) Any judge receiving an annuity under the provisions of this section shall be consid-
ered an active judge for the purposes of K.S.A. 20-2608 and amendments thereto and shall,
upon reaching age 65 or upon making application for retirement, have such judge's retire-
ment under this section terminated and such judge shall be placed on retirement under the
provisions of K.S.A. 20-2608 and amendments thereto.

    (d) In the event that a judge eligible for a disability annuity authorized by this section
shall be disabled for a period of five years or more immediately preceding retirement, such
judge's final average salary shall be adjusted upon retirement by the actuarial salary as-
sumption rates in existence during such period of disability. Effective July 1, 1993, such
judge's final average salary shall be adjusted upon retirement by 5% for each year of disability
after July 1, 1993, but before July 1, 1998. Effective July 1, 1998, such judge's final average
salary shall be adjusted upon retirement by an amount equal to the lesser of: (1) The
percentage increase in the consumer price index for all urban consumers as published by
the bureau of labor statistics of the United States department of labor minus 1%; or (2) four
percent per annum, measured from the month the disability occurs to the month that is two
months prior to the month of retirement, for each year of disability after July 1, 1998.

    (e) The provisions of law in effect on the retirement date of a judge under the retirement
system for judges shall govern the retirement benefit payable to the judge, any joint annu-
itant and any beneficiary.

    Sec. 5. K.S.A. 20-2610 is hereby amended to read as follows: 20-2610. (a) (1) A judge
who retires under K.S.A. 20-2608, and amendments thereto, shall be entitled to receive an
annual annuity payable in monthly amounts subject to subsection (b), each monthly payment
such annual annuity of which shall be in an amount equal to the total of 5% of the final
average salary of the judge, determined as provided in subsection (b), multiplied by the
number of the judge's years of service up to 10 years, and 3.5% of the final average salary
of the judge, determined as provided in subsection (b), multiplied by the number of the
judge's years of service in excess of 10 years, but such monthly benefits annual annuity shall
not exceed 70% of the final average salary of such judge, determined as provided in sub-
section (b). A judge who retires under K.S.A. 20-2608 and amendments thereto, and who
became a member of the system after June 30, 1987, shall be entitled to receive an annual
annuity payable in monthly amounts subject to subsection (b), each monthly payment such
annual amount of which shall be in an amount equal to the total of 3.5% of the final average
salary of the judge, determined as provided in subsection (b), multiplied by the number of
the judge's years of service, but such monthly benefits annual annuity shall not exceed 70%
of the final average salary of the judge, determined as provided in subsection (b).

    (2) For purposes of this subsection, the date of membership for a district magistrate
judge who became a member of the system as provided by K.S.A. 20-2620 and amendments
thereto and who purchased service as provided in subsection (c) of K.S.A. 20-2620 and
amendments thereto shall be the day such district magistrate judge became a district mag-
istrate judge and if such district magistrate judge's membership date as determined in this
subsection is earlier than July 1, 1987, such district magistrate judge shall be entitled to the
5% of final average salary calculation for up to 10 years of service as provided in this
subsection. Any additional cost associated with the provisions of this subsection shall be paid
by such district magistrate judge by means of a single lump-sum payment or equal annual
payments for not to exceed five years. The lump-sum or annual payments shall be determined
by the system's actuary by using the member's final average salary at the time of application,
actuarial assumptions and tables currently in use by the system and the member's attained
age. No participating employer shall pay all or any part of any cost associated with the
provisions of this subsection. Notwithstanding any other provision of this subsection, any
district magistrate judge, who became a district magistrate judge earlier than July 1, 1987,
and who elected to purchase service as provided in subsection (c) of K.S.A. 20-2620 and
amendments thereto prior to the effective date of this act at the rate of 3.5%, may elect to
purchase service at the 5% rate for up to 10 years of service as provided in this subsection
an additional amount of 1.5% of final average salary for each of such years of employment
of such district magistrate judge as otherwise provided in this subsection. Such district
magistrate judge may purchase such service by making application therefor prior to date of
retirement at an additional rate of contribution in addition to the district magistrate judge's
rate of contribution as provided in K.S.A. 20-2603 and amendments thereto, based upon the
district magistrate judge's attained age at the time of purchase and using actuarial assump-
tions and tables in use by the retirement system at the time of such purchase. Such additional
rate of contribution shall commence at the beginning of the quarter following such election
and shall remain in effect until all quarters of such service have been purchased. No partic-
ipating employer shall pay the cost, or any part thereof, of any service authorized to be
purchased by a district magistrate judge under this subsection.

    (b) For any judge who retires under K.S.A. 20-2608 or 20-2609, and amendments
thereto, on or after July 1, 1975, the annuity shall be based on the final average salary of
such judge as provided in this subsection. The final average salary of a judge who becomes
permanently physically or mentally disabled and who is retired under K.S.A. 20-2608 or 20-
2609, and amendments thereto, shall be determined as if such judge had retired on the date
such judge became permanently physically or mentally disabled. The final average salary of
a former judge whose service is terminated without retiring and who later retires under
K.S.A. 20-2608, and amendments thereto, shall be determined as if such former judge had
retired at the time such service was terminated.

    In the case of judges who retire on or after July 1, 1993, the final average salary shall
mean the average highest annual salary paid to the judge for any three years of the last 10
years of service as a judge immediately preceding retirement or termination of employment,
or if service as a judge is less than three years, then the final average salary shall be the
average annual salary paid to the judge during the full period of service as a judge, or if
service as a judge is less than one year, then the final average salary shall be computed by
multiplying the amount of monthly salary such judge was receiving at the time of retirement
by 12.

    (c) The provisions of law in effect on the retirement date of a judge under the retirement
system for judges shall govern the retirement benefit payable to the judge, any joint annu-
itant and any beneficiary.

    (d) A judge who retires under K.S.A. 20-2608, and amendments thereto, and who, after
such retirement, again is appointed or elected as a judge, shall have the judge's retirement
annuity suspended as provided in this subsection. Such judge shall become an active member
and make employee contributions to the system and receive service credit for any service
after the date of commencement of service in such position. Upon again retiring, any credited
service such member subsequently accrues shall be added to all previous service and the
retirement annuity shall be recalculated in accordance with the provisions of this section.

    Sec. 6. K.S.A. 20-2620, as amended by section 20 of 1997 Senate Bill No. 382, is hereby
amended to read as follows: 20-2620. (a) Except as otherwise provided, each district mag-
istrate judge holding such position on the effective date of this act may become a member
of the retirement system for judges on the first day of the payroll period of the fiscal year
ending June 30, 1994, only by filing with the board of trustees of the Kansas public em-
ployees retirement system on or before the first day of the payroll period of the fiscal year
ending June 30, 1994, a written election to become a member of the system. Failure to file
such written election shall be presumed to be an election not to become a member of the
system. Such election, whether to become a member or not to become a member, shall be
irrevocable. In addition, any such district magistrate judge who makes the election previously
provided in this section, may elect to transfer such district magistrate judge's service credit
from the Kansas public employees retirement system as provided in subsection (e) of K.S.A.
20-2601 and amendments thereto and subsection (c). The date of membership for a district
magistrate judge who became a member of the system as provided in this section and who
purchased service as provided in subsection (c) shall be the day that such district magistrate
judge became a district magistrate judge. Such district magistrate judge shall be subject to
the provisions of subsection (a)(2) of K.S.A. 20-2610 and amendments thereto.

    (b) Each person who becomes a district magistrate judge on or after the effective date
of this act shall become a member of the retirement system for judges on the first day such
person holds the position of district magistrate judge.

    (c) The board of trustees of the Kansas public employees retirement system shall trans-
fer to the credit of the district magistrate judge under the retirement system for judges such
amounts as may be presently credited to a district magistrate judge's account for contribution
under the Kansas public employees retirement system and an equivalent amount to the
employer's account for contributions for such district magistrate judge whenever an appli-
cation for conversion of service under the Kansas public employees retirement system is
received from a district magistrate judge. Subject to the provisions of section 83 and amend-
ments thereto, any district magistrate judge may purchase such service by electing such
purchase prior to retirement by means of a single lump-sum payment or equal annual
payments for not to exceed five years. The lump-sum or annual payments shall be deter-
mined by the system's actuary by using the member's final average salary at the time of
application, actuarial assumptions and tables currently in use by the system and the mem-
ber's attained age.

    Sec. 7. K.S.A. 1997 Supp. 46-2201 is hereby amended to read as follows: 46-2201. (a)
On January 1, 1993, there is hereby created the joint committee on pensions, investments
and benefits which shall be composed of five senators and eight members of the house of
representatives. The five senate members shall be the chairperson of the standing committee
on ways and means of the senate, or a member of such committee appointed by the chair-
person, two members appointed by the president and two members appointed by the mi-
nority 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 com-
mittee appointed by the chairperson, four members appointed by the speaker and three
members 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 legislative session in odd-numbered
years. After June 30 in odd-numbered years, the chairperson shall be one of the represen-
tative members of the joint committee selected by the speaker and the vice-chairperson
shall be one of the senate members selected by the president. After June 30 in even-num-
bered 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 mem-
bers of the joint committee selected by the speaker. The chairperson and vice-chairperson
of the joint committee shall serve in such capacities until July 1 of 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 chairperson. 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 coor-
dinating 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 committee's functions.

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

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

    (2) review and make recommendations relating to benefits for members under the Kan-
sas public employees retirement system;

    (3) consider and make recommendations to the standing committee of the senate spec-
ified 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. On and after July 1, 1993, 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 specified by the president shall be for-
warded by the Kansas bureau of investigation 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 employees 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 to the legislature by the first day of legislative
session commencing in 1997 relating to the implementation of a permanent policy regarding
adjustments in retirement benefit payments to retirants and disabled members. Such rec-
ommendations should include a review of cost-of-living adjustments, the shared earnings
proposal presented to the 1996 legislature and other mechanisms for prefunding adjust-
ments in retirement benefit payments to retirants and disabled members as an alternative
to annual cost-of-living adjustments. In conducting such review the committee may utilize
legislative staff, Kansas public employees retirement system staff, the Kansas public em-
ployees retirement system actuary and other consultants. Any recommendations shall in-
clude actuarially based cost estimates, including an assessment of the impact on the Kansas
public employees retirement system fund's unfunded actuarial liability; and

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

    Sec. 8. K.S.A. 72-5501, as amended by section 22 of 1997 Senate Bill No. 382, is hereby
amended to read as follows: 72-5501. As used in this act, unless the context otherwise
requires:

    (a) ``Retirement system'' means the state school retirement system;

    (b) ``board'' means the board of trustees of the Kansas public employees retirement
system;

    (c) ``school year'' means either the twelve-month period beginning on September first,
or the legal school term during such period. In case of doubt the board shall decide what
constitutes a school year. The board shall not give credit for a school year that represents
less than 140 days, except that the board may give credit for a school year if not less than
80 days of actual service has been rendered and if continuance in school service was pre-
vented by illness or other emergency beyond the control of the person entitled to such
credit. No person shall receive credit for more than one school year during any twelve-
month period beginning on September 1. The board shall give credit for 1/2 of a school year
for 1/2 school year of continuous full-time service;

    (d) ``school employees'' means persons who have performed or who shall hereafter per-
form school services as classroom teachers, administrators, supervisors, librarians, nurses,
clerks, janitors or in any other full-time capacity in the public schools, area vocational-
technical schools or community junior colleges of the state of Kansas and who are citizens
of the United States and school employees shall include: (1) Persons who have performed
service as a county superintendent of public instruction or as an employee appointed by and
under the supervision of a county superintendent; (2) persons who have performed service
as a state superintendent of public instruction or as an employee appointed by and under
supervision of a state superintendent; (3) persons who have performed services as an em-
ployee appointed by the former state board for vocational education, except that prior to
the time of accepting such employment by such county superintendent, state superintendent
or state board for vocational education such employees had performed school service in
Kansas as a teacher, principal, supervisor, or superintendent; (4) persons who are employees
appointed by and under the supervision of the constitutional state board of education, in-
cluding those employees transferred to the state department of education at its inception
in January of 1969, and who prior to the time of accepting such employment by the state
board of education had performed school service in Kansas as a teacher, principal, super-
visor, or superintendent; (5) the commissioner of education if such commissioner exercises
an irrevocable option to be covered by the state school retirement system in lieu of being
covered by the Kansas public employees retirement system, which option shall be exercised
by written notice of the commissioner of education at the time of appointment. Such notice
shall be directed to the state school retirement board and the board of trustees of the Kansas
public employees retirement system; (6) all instructional employees for the school for the
blind and such employees shall be excluded from participation in any other state retirement
system; and (7) teachers and supervisors of instruction at the state institutions under the
management of the director of penal institutions and those under the management of the
state board of social welfare which provide regular classroom instruction for their inmates
or patients if such instructional personnel have valid certificates issued by the state board
of education, except that the provisions of this subsection shall not include such employees
who have elected or shall elect, irrevocably, at the time of employment by the institution to
participate in the Kansas public employees retirement system. The term ``school employees''
shall not include any employee while a member of a separate retirement system operated
by any board of education but if any such employee at any time becomes eligible to partic-
ipate in the state retirement as provided by this act, the years such person served in a school
system in Kansas which maintains a separate retirement system shall be included in deter-
mining years of service of such person under this act. An employee performing service in a
school system maintaining its own separate retirement system in Kansas may qualify for
service credit in the state system by discontinuing membership in such separate retirement
system prior to the time of retirement and accepting a position which is covered by the state
retirement system, and continuing in such service for at least one school year. Subject to
the provisions of section 83 and amendments thereto, such employee shall contribute to the
state retirement system an amount of money equal to that which was deducted from such
employee's salary for services rendered after September 1, 1941, in the city maintaining its
own retirement system and this amount shall be credited to the savings account of the
employee. If such employee was for any reason excluded from participation in the separate
retirement system, the board shall give credit for such nonmember service in the public
schools in the city maintaining a separate retirement system without the required transfer
of funds. After September 1, 1971, no person shall be deemed a school employee for the
purposes of this act;

    (e) ``school service'' means: (1) Service performed as a school employee prior to Sep-
tember 1, 1941, if such years of service include at least six months during the years 1938-
39 or 1939-40 or 1940-41; service performed by any employee who was not in school service
in any of the school years from 1938 to 1941, but who reentered school service after Sep-
tember 1, 1941, and continued in such service for at least five years; all service prior to
September 1, 1941, of any annuitant who retired prior to September 1, 1961, and who was
granted a service annuity for one or more years as a contributing member of the school
retirement system; all service prior to September 1, 1941, of any employee who served for
at least six months during one of the qualifying years from 1938 to 1941 in a school system
maintaining its own separate retirement system in Kansas, if such employee has not quali-
fied, nor will in the future qualify, for retirement benefits under the separate retirement
system; all service as a school employee, including out-of-state service as a school employee,
for a period of 12 10 or more years prior to September 1, 1938, except that service annuities
paid by the state of Kansas to such school employees shall not include such out-of-state
service as a school employee, unless otherwise provided by law; (2) service as a school
employee after September 1, 1941, as a contributing member of the school retirement
system. No service credit shall be granted to a school employee who established or shall
hereafter establish membership later than September 1, 1941, for a period of time between
September 1, 1941, and the date of becoming a contributing member of the retirement
system. School service shall include only full-time employees, except that 1/2 year of credit
shall be given to instructional employees who perform school service on at least a 1/2 time
basis throughout a school year. No school service credit shall be given in fractional units of
less than 1/2 year. The board may grant service credit to employees, who were performing
school service at the time of their induction into the armed forces of the United States,
equal to the time spent in the armed forces between September 1, 1940, and September 1,
1947, and between June 25, 1950, and July 27, 1953 and between August 5, 1964, and
August 15, 1973, but no such service credit shall be granted for a period of more than five
years spent in the armed forces between September 1, 1940, and September 1, 1947, or for
a period of more than two years spent in the armed forces between June 25, 1950, and July
27, 1953 or for a period of more than two years spent in the armed forces between August
5, 1964 and August 15, 1973. In the event the employee served during the periods between
September 1, 1940, and September 1, 1947, and between June 25, 1950, and July 27, 1953,
such employee shall be granted a service credit for the actual time spent in the armed forces
between June 25, 1950, and July 27, 1953, nor shall such service credit be granted to any
employee unless such employee shall reenter school service and continue in such service
for at least one school year. The board may grant service credit to an employee who was
performing school service prior to the time of becoming employed as a veterans' instruc-
tional on-the-farm training instructor equal to the time spent as such instructor between
the dates of September 1, 1946, and September 1, 1961. The board may grant service credit
to an employee who prior to performing school service was a faculty member of the Kansas
vocational school at Topeka, known part of the time as the Kansas technical institute, which
operated under the Kansas state board of regents prior to 1956 equal to the time spent as
instructor at such school. In case of doubt the board shall decide what constitutes school
service; and (3) service for which credit must be given under federal law, including, but not
limited to, when applicable, the uniformed services employment and reemployment rights
act of 1994, as in effect on July 1, 1998;

    (f) ``school annuitant'' means any person who is entitled to receive a school annuity;

    (g) ``school annuity'' means the monthly payments due to any school annuitant. Such
payments shall continue for life, and be paid in monthly installments;

    (h) ``service annuity'' means that part of the school annuity which is based upon the
service record of the person concerned, and which is paid by the state;

    (i) ``savings annuity'' means that part of the school annuity which results from the ac-
cumulated contributions of the school employee and interest thereon less the proportionate
share of the expense of the administration of this act;

    (j) ``disability annuity'' means a school annuity granted to a school employee who suffers
such physical or mental disability as to be unable to perform school service;

    (k) ``standard annuity'' means the school annuity which is granted to a school employee
at the age of 65 years, as prescribed by this act. The standard annuity shall be used as the
basis in computing actuarially equivalent annuities granted at ages prior to 65 years. When-
ever the amount of any benefit is to be determined on the basis of actuarial assumptions,
the assumption shall be specified in a way that precludes employer discretion;

    (l) ``service record'' means the individual record kept by the board for each school
employee. It shall show the number of school years of school service, the salary or wages
earned, the date of birth, and such other data as the board may require;

    (m) ``age'' and ``attained age'' shall be computed as of September 1 of the calendar year
under consideration;

    (n) ``deductions'' means the amounts withheld, as provided in this act, from warrants
issued in payment for school services;

    (o) ``actuarial computation'' means computation in accordance with some standard ac-
tuarial table. The board shall determine which one of the standard actuarial tables shall be
used. Whenever the amount of any benefit is to be determined on the basis of actuarial
assumptions, the assumptions shall be specified in a way that precludes employer discretion;
and

    (p) ``compensation'' means the same as provided in section 83 and amendments thereto
for purposes of nondiscrimination testing pursuant to the federal internal revenue code of
1986, as in effect on July 1, 1998.

    Sec. 9. K.S.A. 1997 Supp. 74-4902, as amended by section 26 of 1997 Senate Bill No.
382, is hereby amended to read as follows: 74-4902. As used in articles 49 and 49a of chapter
74 and amendments thereto, unless otherwise provided or the context otherwise requires:

    (1) ``Accumulated contributions'' means the sum of all contributions by a member to
the system which are credited to the member's account, with interest allowed thereon;

    (2) ``acts'' means K.S.A. 74-4901 to 74-4929, inclusive, the provisions of articles 49 and
49a of the Kansas Statutes Annotated and amendments thereto;

    (3) ``actuarial equivalent'' means an annuity or benefit of equal value to the accumulated
contributions, annuity or benefit, when computed upon the basis of the actuarial tables in
use by the system. Whenever the amount of any benefit is to be determined on the basis of
actuarial assumptions, the assumptions shall be specified in a way that precludes employer
discretion;

    (4) ``actuarial tables'' means the actuarial tables approved and in use by the board at
any given time;

    (5) ``actuary'' means the actuary or firm of actuaries employed or retained by the board
at any given time;

    (6) ``agent'' means the individual designated by each participating employer through
whom system transactions and communication are directed;

    (7) ``beneficiary'' means any natural person or persons or estate named by a member to
receive any benefits as provided for by this act. Designations of beneficiaries by a member
who is a member of more than one retirement system made on or after July 1, 1987, shall
be the basis of any benefits payable under all systems unless otherwise provided by law.
Except as otherwise provided by subsection (33) of this section, if there is no named ben-
eficiary living at time of member's death, any benefits provided for by this act shall be paid
to: (A) The member's surviving spouse; (B) the member's dependent child or children; (C)
the member's dependent parent or parents; (D) the member's nondependent child or chil-
dren; (E) the member's nondependent parent or parents; (F) the estate of the deceased
member; in the order of preference as specified in this subsection. Any payment made to
a named beneficiary shall be a full discharge and release to the system from any further
claims. Any payment made to a beneficiary as provided in clauses (A), (B), (C), (D), (E) or
(F) of this subsection, as determined by the board, shall be a full discharge and release to
the system from any further claims. Whenever any payment is payable to more than one
beneficiary such payment shall be made to such beneficiaries jointly. Any benefits payable
to a beneficiary or beneficiaries who are minor children or incompetent persons shall be
made in the name of the beneficiary or beneficiaries and delivered to the lawfully appointed
conservator of such beneficiaries who was nominated by will or as otherwise provided by
law, except that in those cases where the benefit involves only the payment of the member's
accumulated contributions with interest as provided by this act in an amount not to exceed
$500, the board is hereby authorized in its discretion without the appointment of a conser-
vator or the giving of a bond to pay such amount as is due to the minor or minors themselves,
any payment so made shall be a full discharge and release to the system from any further
claims;

    (8) ``board of trustees,'' ``board'' or ``trustees'' means the managing body of the system
which is known as the Kansas public employees retirement system board of trustees;

    (9) ``compensation'' means, except as otherwise provided, all salary, wages and other
remuneration payable to a member for personal services performed for a participating em-
ployer, including maintenance or any allowance in lieu thereof provided a member as part
of compensation, but not including reimbursement for travel or moving expenses or on and
after July 1, 1994, payment pursuant to an early retirement incentive program made prior
to the retirement of the member. Beginning with the employer's fiscal year which begins
in calendar year 1991 or for employers other than the state of Kansas, beginning with the
fiscal year which begins in calendar year 1992, when the compensation of a member who
remains in substantially the same position during any two consecutive years of participating
service used in calculating final average salary is increased by an amount which exceeds
15%, then the amount of such increase which exceeds 15% shall not be included in com-
pensation, except that (A) any amount of compensation for accumulated sick leave or va-
cation or annual leave paid to the member, (B) any increase in compensation for any member
due to a reclassification or reallocation of such member's position or a reassignment of such
member's job classification to a higher range or level and (C) any increase in compensation
as provided in any contract entered into prior to January 1, 1991, and still in force on the
effective date of this act, pursuant to an early retirement incentive program as provided in
K.S.A. 72-5395 et seq. and amendments thereto, shall be included in the amount of com-
pensation of such member used in determining such member's final average salary and shall
not be subject to the 15% limitation provided in this subsection. Any contributions by such
member on the amount of such increase which exceeds 15% which is not included in
compensation shall be returned to the member. Unless otherwise provided by law, beginning
with the employer's fiscal year coinciding with or following July 1, 1985, compensation shall
include any amounts for tax sheltered annuities or deferred compensation plans. Beginning
with the employer's fiscal year which begins in calendar year 1991, compensation shall
include amounts under sections 403b, 457 and 125 of the federal internal revenue code of
1986 and, as the board deems appropriate, any other section of the federal internal revenue
code of 1986 which defers or excludes amounts from inclusion in income. For purposes of
applying limits under the federal internal revenue code ``compensation'' shall have the mean-
ing as provided in section 83 and amendments thereto;

    (10) ``credited service'' means the sum of participating service and prior service and in
no event shall credited service include any service which is credited under another retire-
ment plan authorized under any law of this state;

    (11) ``dependent'' means a parent or child of a member who is dependent upon the
member for at least 1/2 of such parent or child's support;

    (12) ``effective date'' means the date upon which the system becomes effective by op-
eration of law;

    (13) ``eligible employer'' means the state of Kansas, and any county, city, township,
special district or any instrumentality of any one or several of the aforementioned or any
noncommercial public television or radio station located in this state which receives state
funds allocated by the Kansas public broadcasting commission whose employees are covered
by social security. If a class or several classes of employees of any above defined employer
are not covered by social security, such employer shall be deemed an eligible employer only
with respect to such class or those classes of employees who are covered by social security;

    (14) ``employee'' means any appointed or elective officer or employee of a participating
employer whose employment is not seasonal or temporary and whose employment requires
at least 1,000 hours of work per year, but not including: (A) Any person covered by or
eligible for or who will become eligible for a retirement annuity under the provisions of
K.S.A. 74-4925 and amendments thereto except as otherwise specifically provided in sub-
section (3) of K.S.A. 74-4925 and amendments thereto and this subsection; (B) Any em-
ployee who is a contributing member of the United States civil service retirement system;
(C) any employee of an eligible employer who is a participant in public service employment
under title II and title VI of the federal comprehensive employment and training act of
1973; (D) (B) any employee who is a contributing member of the federal employees retire-
ment system; (C) any employee who is a leased employee of a participating employer.
``Leased employee'' means the same as provided in section 414 of the federal internal rev-
enue code; (E) and (D) any employee or class of employees specifically exempted by law.
After June 30, 1975, no person who is otherwise eligible for membership in the Kansas
public employees retirement system shall be barred from such membership by reason of
coverage by, eligibility for or future eligibility for a retirement annuity under the provisions
of K.S.A. 74-4925 and amendments thereto, except that no person shall receive service
credit under the Kansas public employees retirement system for any period of service for
which benefits accrue or are granted under a retirement annuity plan under the provisions
of K.S.A. 74-4925 and amendments thereto. After June 30, 1982, no person who is otherwise
eligible for membership in the Kansas public employees retirement system shall be barred
from such membership by reason of coverage by, eligibility for or future eligibility for any
benefit under another retirement plan authorized under any law of this state, except that
no such person shall receive service credit under the Kansas public employees retirement
system for any period of service for which any benefit accrues or is granted under any such
retirement plan. Employee shall include persons who are in training at or employed by, or
both, a sheltered workshop for the blind operated by the secretary of social and rehabilitation
services. The entry date for such persons shall be the beginning of the first pay period of
the fiscal year commencing in calendar year 1986. Such persons shall be granted prior
service credit in accordance with K.S.A. 74-4913 and amendments thereto. However, such
persons classified as home industry employees shall not be covered by the retirement system.
Employees shall include any member of a board of county commissioners of any county and
any council member or commissioner of a city whose compensation is equal to or exceeds
$5,000 per year;

    (15) ``entry date'' means the date as of which an eligible employer joins the system. The
first entry date pursuant to this act is January 1, 1962;

    (16) ``executive secretary'' means the managing officer of the system employed by the
board under this act;

    (17) ``final average salary'' means in the case of a member who retires prior to January
1, 1977, and in the case of a member who retires after January 1, 1977, and who has less
than five years of participating service after January 1, 1967, the average highest annual
compensation paid to such member for any five years of the last 10 years of participating
service immediately preceding retirement or termination of employment, or in the case of
a member who retires on or after January 1, 1977, and who has five or more years of
participating service after January 1, 1967, the average highest annual compensation paid
to such member on or after January 1, 1967, for any five years of participating service
preceding retirement or termination of employment, or, in any case, if participating service
is less than five years, then the average annual compensation paid to the member during
the full period of participating service, or, in any case, if the member has less than one
calendar year of participating service such member's final average salary shall be computed
by multiplying such member's highest monthly salary received in that year by 12; in the
case of a member who became a member under subsection (3) of K.S.A. 74-4925 and
amendments thereto, or who became a member with a participating employer as defined
in subsection (3) of K.S.A. 74-4931 and amendments thereto and who elects to have com-
pensation paid in other than 12 equal installments, such compensation shall be annualized
as if the member had elected to receive 12 equal installments for any such periods preceding
retirement; in the case of a member who retires after July 1, 1987, the average highest
annual compensation paid to such member for any four years of participating service pre-
ceding retirement or termination of employment; in the case of a member who retires on
or after July 1, 1993, who was first hired as an employee, as defined in subsection (14) of
K.S.A. 74-4902 and amendments thereto, prior to July 1, 1993, the average highest annual
compensation, as defined in subsection (9), paid to such member for any four years of
participating service preceding retirement or termination of employment or the average
highest annual salary, as defined in subsection (34), paid to such member for any three years
of participating service preceding retirement or termination of employment, whichever is
greater; and in the case of a member who retires on or after July 1, 1993, and who is first
hired as an employee, as defined in subsection (14) of K.S.A. 74-4902 and amendments
thereto, on or after July 1, 1993, the average highest annual salary, as defined in subsection
(34), paid to such member for any three years of participating service preceding retirement
or termination of employment. Final average salary shall not include any purchase of par-
ticipating service credit by a member as provided in subsection (2) of K.S.A. 74-4919h and
amendments thereto which is completed within five years of retirement. For any application
to purchase or repurchase service credit for a certain period of service as provided by law
received by the system after May 17, 1994, for any member who will have contributions
deducted from such member's compensation at a percentage rate equal to two or three
times the employee's rate of contribution or will begin paying to the system a lump-sum
amount for such member's purchase or repurchase and such deductions or lump-sum pay-
ment commences after the commencement of the first payroll period in the third quarter,
``final average salary'' shall not include any amount of compensation or salary which is based
on such member's purchase or repurchase. Any application to purchase or repurchase mul-
tiple periods of service shall be treated as multiple applications. For purposes of this sub-
section, the date that such member is first hired as an employee for members who are
employees of employers that elected to participate in the system on or after January 1, 1994,
shall be the date that such employee's employer elected to participate in the system. In the
case of any former member who was eligible for assistance pursuant to K.S.A. 74-4925 and
amendments thereto prior to July 1, 1998, for the purpose of calculating final average salary
of such member, such member's final average salary shall be based on such member's salary
while a member of the system or while eligible for assistance pursuant to K.S.A. 74-4925
and amendments thereto, whichever is greater;

    (18) ``fiscal year'' means, for the Kansas public employees retirement system, the period
commencing July 1 of any year and ending June 30 of the next;

    (19) ``Kansas public employees retirement fund'' means the fund created by this act for
payment of expenses and benefits under the system and referred to as the fund;

    (20) ``leave of absence'' means a period of absence from employment without pay, au-
thorized and approved by the employer, and which after the effective date does not exceed
one year;

    (21) ``member'' means an eligible employee who is in the system and is making the
required employee contributions, or; any former employee who has made the required
contributions to the system and has not received a refund if such member is within five
years of termination of employment with a participating employer; or any former employee
who has made the required contributions to the system, has not yet received a refund and
has been granted a vested benefit;

    (22) ``military service'' means service in the uniformed forces of the United States, for
which retirement benefit credit must be given under the provisions of USERRA or service
in the armed forces of the United States or in the commissioned corps of the United State
States public health service, which service is immediately preceded by a period of employ-
ment as an employee or by the entering into of an employment contract with a participating
employer and is followed by return to employment as an employee with the same or another
participating employer within 12 months immediately following discharge from such military
service, except that if the board determines that such return within 12 months was made
impossible by reason of a service-connected disability, the period within which the employee
must return to employment with a participating employer shall be extended not more than
two years from the date of discharge or separation from military service;

    (23) ``normal retirement date'' means the date on or after which a member may retire
with full retirement benefits pursuant to K.S.A. 74-4914 and amendments thereto;

    (24) ``participating employer'' means an eligible employer who has agreed to make con-
tributions to the system on behalf of its employees;

    (25) ``participating service'' means the period of employment after the entry date for
which credit is granted a member;

    (26) ``prior service'' means the period of employment of a member prior to such mem-
ber's the entry date for which credit is granted a member under this act;

    (27) ``prior service annual salary'' means the highest annual salary, not including any
amounts received as payment for overtime or as reimbursement for travel or moving ex-
pense, received for personal services by the member from the current employer in any one
of the three calendar years immediately preceding January 1, 1962, or the entry date of the
employer, whichever is later, except that if a member entered the employment of the state
during the calendar year 1961, the prior service annual salary shall be computed by multi-
plying such member's highest monthly salary received in that year by 12;

    (28) ``retirant'' means a member who has retired under this system;

    (29) ``retirement benefit'' means a monthly income or the actuarial equivalent thereof
paid in such manner as specified by the member pursuant to this act or as otherwise allowed
to be paid at the discretion of the board, with benefits accruing from the first day of the
month coinciding with or following retirement and ending on the last day of the month in
which death occurs. Upon proper identification a surviving spouse may negotiate the warrant
issued in the name of the retirant;

    (30) ``retirement system'' or ``system'' means the Kansas public employees retirement
system as established by this act and as it may be amended;

    (31) ``social security'' means the old age, survivors and disability insurance section of
the federal social security act;

    (32) ``total disability'' means a physical or mental disability which prevents the member
from engaging, for remuneration or profit, in any occupation for which the member is
reasonably suited by education, training or experience;

    (33) ``trust'' means an express trust, created by a trust instrument, including a will,
designated by a member to receive payment of the insured death benefit under K.S.A.
74-4927 and amendments thereto and payment of the member's accumulated contributions
under subsection (1) of K.S.A. 74-4916 and amendments thereto. A designation of a trust
shall be filed with the board. If there is a designated trust at the time of the member's
death, the insured death benefit for the member under K.S.A. 74-4927 and amendments
thereto and the member's accumulated contributions under subsection (1) of K.S.A. 74-
4916 and amendments thereto shall be paid to the trust in lieu of the member's beneficiary.
If no will is admitted to probate within six months after the death of the member or no
trustee qualifies within such six months or if the designated trust fails, for any reason what-
soever, the insured death benefit under K.S.A. 74-4927 and amendments thereto and the
member's accumulated contributions under subsection (1) of K.S.A. 74-4916 and amend-
ments thereto shall be paid in accordance with the provisions of subsection (7) of this section
as in other cases where there is no named beneficiary living at the time of the member's
death and any payments so made shall be a full discharge and release to the system from
any further claims;

    (34) ``salary'' means all salary and wages payable to a member for personal services
performed for a participating employer, including maintenance or any allowance in lieu
thereof provided a member as part of salary. Salary shall not include reimbursement for
travel or moving expenses, payment for accumulated sick leave or vacation or annual leave,
severance pay or any other payments to the member determined by the board to not be
payments for personal services performed for a participating employer constituting salary
or on and after July 1, 1994, payment pursuant to an early retirement incentive program
made prior to the retirement of the member. When the salary of a member who remains
in substantially the same position during any two consecutive years of participating service
used in calculating final average salary is increased by an amount which exceeds 15%, then
the amount of such increase which exceeds 15% shall not be included in salary. Any con-
tributions by such member on the amount of such increase which exceeds 15% which is not
included in compensation shall be returned to the member. Unless otherwise provided by
law, salary shall include any amounts for tax sheltered annuities or deferred compensation
plans. Salary shall include amounts under sections 403b, 457 and 125 of the federal internal
revenue code of 1986 and, as the board deems appropriate, any other section of the federal
internal revenue code of 1986 which defers or excludes amounts from inclusion in income.
For purposes of applying limits under the federal internal revenue code ``salary'' shall have
the meaning as provided in section 83 and amendments thereto. In any case, if participating
service is less than three years, then the average annual salary paid to the member during
the full period of participating service, or, in any case, if the member has less than one
calendar year of participating service such member's final average salary shall be computed
by multiplying such member's highest monthly salary received in that year by 12;

    (35) ``federal internal revenue code'' means the federal internal revenue code of 1954
or 1986, as in effect on July 1, 1998, and as applicable to a governmental plan; and

    (36) ``USERRA'' means the federal uniformed services employment and reemployment
rights act of 1994 as in effect on July 1, 1998.

    Sec. 10. K.S.A. 1997 Supp. 74-4904 is hereby amended to read as follows: 74-4904. (1)
The system may sue and be sued in its official name, but its trustees, officers, employees
and agents shall not be personally liable for acts of the system unless such person acted with
willful, wanton or fraudulent misconduct or intentionally tortious conduct. Any agreement
in settlement of litigation involving the system and the investment of moneys of the fund is
a public record as provided in K.S.A. 45-215 et seq. and amendments thereto and subject
to the provisions of that act. The service of all legal process and of all notices which may be
required to be in writing, whether legal proceedings or otherwise, shall be had on the
executive secretary at such executive secretary's office. All actions or proceedings directly
or indirectly against the system shall be brought in Shawnee county.

    (2)  Any person aggrieved by any order or decision of the board made without a hearing,
may, within 30 days after notice of the order or decision of the board make written request
to the board for a hearing thereon. The board shall hear such party or parties in accordance
with the provisions of the Kansas administrative procedure act at its next regular meeting
or at a special meeting within 60 days after receipt of such request. For the purpose of any
hearing under this section, the board may appoint one or more presiding officers. Any such
presiding officer shall be a member of the board or, an employee of the board or any other
person designated by the board to serve as such presiding officer. Any such appointment
shall apply to a particular hearing or to a set or class of hearings as specified by the board
in making such appointment. The board shall review an initial order resulting from a hearing
under this section. Any member of the board who serves as a presiding officer shall be
reimbursed for actual and necessary expenses and shall receive compensation in an amount
fixed by the board not to exceed the per diem compensation allowable for members of the
board. The board is hereby authorized to enter into a contract with any other person des-
ignated by the board to serve as a presiding officer who is not a member or employee of the
board and to provide for reimbursement for actual and necessary expenses and compensation
for such person serving as a presiding officer.





    Sec. 11. K.S.A. 1997 Supp. 74-4905 is hereby amended to read as follows: 74-4905. (a)
On July 1, 1993, the board of trustees of the Kansas public employees retirement system,
as such board existed on June 30, 1993, is hereby abolished. On July 1, 1993, there is hereby
established a new board of trustees of the Kansas public employees retirement system. Such
board established on July 1, 1993, shall consist of nine members, as follows:

    (1) Six appointed members, four appointed by the governor subject to confirmation by
the senate as provided in K.S.A. 75-4315b and amendments thereto, one appointed by the
president of the senate and one appointed by the speaker of the house of representatives.
Except as provided by K.S.A. 1996 1997 Supp. 46-2601, no person appointed to the board
whose appointment is subject to confirmation, shall exercise any power, duty or function as
a member of the board until confirmed by the senate. No more than two members of the
board whose appointment is subject to confirmation shall be from the same political party;

    (2) two retirement system members elected by the members and retirants of the system
as provided in subsection (12) of K.S.A. 74-4909 and amendments thereto. As provided in
this subsection, only active and retired members of the system shall be eligible to be elected
to the board and only active and retired members of the system shall be eligible to elect
the two retirement system members pursuant to this subsection. Inactive members shall
not be eligible to be elected to the board nor to elect the two retirement system members
elected pursuant to this subsection. If a member elected to the board as provided in this
subsection becomes inactive, such member is disqualified from service on the board and such
member's board position shall be vacant and such vacancy shall be filled as provided in
subsection (b)(1). Of the two retirement system members elected pursuant to this subsec-
tion, one shall be a member of the retirement system who is in school employment as
provided in K.S.A. 74-4931 et seq. and amendments thereto and one shall be a member of
the retirement system other than a member who is in school employment. For purposes of
this subsection, retirement system means the Kansas public employees retirement system,
the Kansas police and firemen's retirement system and the retirement system for judges;
and

    (3) the state treasurer.

    (b) (1) Except as provided by this paragraph and paragraph (2), all members of the
board as provided in subsection (a)(1) and (a)(2) shall serve four-year terms, except that of
the members first appointed by the governor, two shall be appointed for two-year terms
and the member appointed by the speaker of the house of representatives shall be appointed
for a two-year term. The governor shall designate the term for which each of the members
first appointed shall serve. All members appointed to fill vacancies in the membership of
the board and all members appointed to succeed members appointed to membership on
the board shall be appointed in like manner as that provided for the original appointment
of the member succeeded. All members appointed to fill vacancies of a member of the
board appointed by the governor, the president of the senate or the speaker of the house
of representatives shall be appointed to fill the unexpired term of such member. All vacancies
on the board by a member elected by the members and retirants of the system shall be
filled by the board as provided by rules and regulations adopted as provided in subsection
(12) of K.S.A. 74-4909 and amendments thereto.

    (2) Except as provided in K.S.A. 1996 1997 Supp. 46-2601, no person appointed to the
board by the governor shall exercise any power, duty or function as a member of the board
until confirmed by the senate. The terms of members appointed by the governor who are
serving on the board on the effective date of this act shall expire on January 15, of the year
in which such member's term would have expired under the provisions of this section prior
to amendment by this act. Thereafter, members shall be appointed for terms of four years
and until their successors are appointed and confirmed.

    (c) The board shall elect a chairperson of the board at the first regular meeting held on
or after July 1, 1993, and at each annual meeting thereafter from the members of the board.
The chairperson shall preside over meetings of the board and perform such other duties as
required by the board.

    (d) The chairperson shall appoint another board member as vice-chairperson, and the
vice-chairperson shall perform the duties of chairperson in the absence of the chairperson
or upon the chairperson's inability or refusal to act.

    (e) The six members appointed pursuant to subsection (a)(1) shall have demonstrated
experience in the financial affairs of a public or private organization or entity which employs
100 or more employees or had at least five years' experience in the field of investment
management or analysis, actuarial analysis or administration of an employee benefit plan.

    (f) No person shall serve on the board if such person has knowingly acquired a sub-
stantial interest in any nonpublicly traded investment made with moneys of the fund. Any
such person who knowingly acquires such an interest shall vacate such member's position
on the board and shall be guilty of a class A misdemeanor. For purposes of this subsection,
``substantial interest'' means any of the following:

    (1) If an individual or an individual's spouse, either individually or collectively, has
owned within the preceding 12 months a legal or equitable interest exceeding $5,000 or 5%
of any business, whichever is less, the individual has a substantial interest in that business.

    (2) If an individual or an individual's spouse, either individually or collectively, has re-
ceived during the preceding calendar year compensation which is or will be required to be
included as taxable income on federal income tax returns of the individual and spouse in an
aggregate amount of $2,000 from any business or combination of businesses, the individual
has a substantial interest in that business or combination of businesses.

    (3) If an individual or an individual's spouse holds the position of officer, director,
associate, partner or proprietor of any business, the individual has a substantial interest in
that business, irrespective of the amount of compensation received by the individual or
individual's spouse.

    (4) If an individual or an individual's spouse receives compensation which is a portion
or percentage of each separate fee or commission paid to a business or combination of
businesses, the individual has a substantial interest in any client or customer who pays fees
or commissions to the business or combination of businesses from which fees or commissions
the individual or the individual's spouse, either individually or collectively, received an ag-
gregate of $2,000 or more in the preceding calendar year.

    (5) If an individual or an individual's spouse has received a loan from or received fi-
nancing from any bank, savings and loan, credit union or any other financial institution in
an amount which exceeds $2,000, the individual has a substantial interest in that financial
institution.

    As used in this subsection, ``client or customer'' means a business or combination of
businesses.

    Any person who serves on the board shall fully disclose any substantial interest that such
person has in any publicly traded investment made with moneys of the fund.

    (g) No person who serves on the board shall be employed for a period of two years
commencing on the date the person no longer serves on the board and ending two years
after such date with any organization in which moneys of the fund were invested, except
that the employment limitation contained in this subsection shall not apply if such person's
employment is with an organization whose stock or other evidences of ownership are traded
on the public stock or bond exchanges.

    (h) All members of the board named, appointed or elected to the board shall be subject
to an investigation by the Kansas bureau of investigation or other criminal justice agencies.
Information to be obtained during such investigation shall include criminal history record
information, including arrest and conviction data, criminal intelligence information and in-
formation relating to criminal and background investigations as necessary to determine qual-
ifications of such member. Such information shall be forwarded to the senate committee
specified by the president of the senate for such committee's consideration and other than
conviction data, shall be confidential and shall not be disclosed except to members and
employees of the 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.

    (i) All of the powers, duties and functions of the board of trustees of the Kansas public
employees retirement system as such board existed prior to July 1, 1993, are hereby trans-
ferred to and conferred and imposed upon the board of trustees established pursuant to
this act. The board of trustees of the Kansas public employees retirement system established
pursuant to this act shall be the successor in every way of the powers, duties and functions
of the board of trustees existing prior to July 1, 1993, in which the same were vested prior
to July 1, 1993.

    Sec. 12. K.S.A. 1997 Supp. 74-4907 is hereby amended to read as follows: 74-4907. (1)
The principal office of the system shall be in quarters at Topeka, Kansas. Offices shall be
assigned to the system by the secretary of administration.

    (2) The board shall keep a complete record of all proceedings which shall be open at
all reasonable hours to inspection. Any agreement in settlement of litigation involving the
system and the investment of moneys of the fund shall be open for inspection by any person
and suitable facilities shall be made available by the system for this purpose as provided by
the provisions of K.S.A. 45-215 et seq. and amendments thereto. A report covering the
operation of the system for the past fiscal year, including income and disbursements, and
of the financial condition of the system at the end of such fiscal year, showing the valuation
of assets and investments and liabilities of the system, shall be delivered after the end of
each fiscal year and prior to January 1 of the next fiscal year to the governor and to the
chairperson of the legislative coordinating council, to the secretary of the senate and to the
chief clerk of the house of representatives and shall be made readily available to the mem-
bers and participating employers of the system. Such report shall include the financial state-
ments of the system and supporting schedules, presented in accordance with generally ac-
cepted accounting principles. Such supporting schedules presented in the annual report
shall include a listing which reports the cost and the fiscal year end lower amount of cost
or market value for each individual alternative investment of the system which was initiated
on or after July 1, 1991, and reports, in aggregate, the cost and the fiscal year end lower
amount of cost or market value for those alternative investments of the system initiated
prior to July 1, 1991. The retirement system shall maintain a listing which reports the cost
and the fiscal year end lower amount of cost or market value for each individual alternative
investment of the system which was initiated prior to July 1, 1991, and such listing shall be
available for review in camera by the joint committee on pensions, investments and benefits
and as may be required under the provisions of the legislative post audit act.

    Sec. 13. K.S.A. 1997 Supp. 74-4908 is hereby amended to read as follows: 74-4908. (1)
The board shall appoint an executive secretary and shall establish the compensation therefor.
Subject to the direction of the board, the executive secretary shall be the managing officer
of the system and as such shall have charge of the office, records and supervision and
direction of the employees of the system. The executive secretary shall be in the unclassified
service under the Kansas civil service act.

    (2) The executive secretary shall recommend to the board the administrative organi-
zation, the number and qualifications of employees necessary to carry out the intent of this
act and the directions of the board. Upon approval of the board, the executive secretary is
authorized to employ such persons in accordance with the Kansas civil service act.

    (3) The board of trustees shall select and employ or retain a qualified actuary who shall
serve at its pleasure as its technical advisor on matters regarding operation of the system.
The actuary shall:

    (a) Make an annual valuation of the liabilities and reserves of the system, and a deter-
mination of the contributions required by the system to discharge its liabilities and admin-
istrative costs under this act, and recommend to the board rates of employer contributions
required to establish and maintain the system on an actuarial reserve basis. Such recom-
mended employer contributions shall not be based on any other purpose outside of the
needs of the system as prescribed by this subsection.

    (b) As soon after the effective date as practicable and once every three years thereafter,
make a general investigation of the actuarial experience under the system including mor-
tality, retirement, employment turnover and interest, and recommend actuarial tables for
use in valuations and in calculating actuarial equivalent values based on such investigation.

    (c) Cooperate with and provide any assistance to the actuary, the legislative coordinating
council and the joint committee on pensions, investments and benefits related to the in-
dependent actuarial audit and evaluation as provided in K.S.A. 1996 1997 Supp. 74-4908a
and amendments thereto.

    (d) Perform such other duties as may be assigned by the board.

    (4) The attorney general of the state shall furnish such legal services as may be necessary
upon receipt of a request from the board, except that legal services may be furnished by
other counsel as the board in its discretion deems necessary and prudent.

    (5) The board shall employ or retain qualified investment counsel or counselors or may
negotiate with a trust company to assist and advise in the judicious investment of funds as
herein provided.

    (6) The board may appoint a deputy executive secretary, an investment officer, an in-
vestment analyst, a real estate manager, a direct placement manager, a chief fiscal officer,
a member services officer, an attorney, an assistant investment officer and an information
resource officer to advise and assist the board in the performance of powers, duties and
functions relating to the management and investment of the fund and in such other matters
as may be directed by the board. Such appointed officers and employees shall be in the
unclassified service under the Kansas civil service act. The compensation of such appointed
officers and employees shall be established by the board.

    Sec. 14. K.S.A. 1997 Supp. 74-4910 is hereby amended to read as follows: 74-4910. (1)
An eligible employer may join the system on January 1 of any year. Application for affiliation
shall be in the form of a resolution approved by the governing or legislative body of the
eligible employer or by any other body or officer authorized by law or recognized by the
board to approve the action. No city or township shall become a participating employer
except by the adoption of a resolution therefor, which shall be published once in the official
city or township newspaper or, if there is none, in a newspaper of general circulation in the
city or county. No such resolution shall take effect until 60 days after its final publication.
If within 60 days of its final publication a petition signed by electors equal in number to not
less than 10% of the electors who voted at the last preceding regular election in the township,
in the case of townships, the last regular city election in the city, in the case of cities is filed
in the office of the clerk of such city, or township demanding that such resolution be sub-
mitted to a vote of the electors, the resolution shall not take effect until submitted to a
referendum and approved by a majority of the electors voting thereon. A 2/3 vote of the
members-elect of the governing body shall be necessary for the affiliation of any eligible
employer other than a city or township. An application for affiliation with the system shall
be filed with the board not later than 30 days prior to the date participation is to begin,
except as such time limit may be extended by the board. Upon the filing of a certified copy
of such resolutions with the board an election pursuant to this section shall be irrevocable,
and the employer shall become a participating employer on January 1 of the year immedi-
ately following the filing of such election with the board.

    (2) The state of Kansas in its capacity as an eligible employer, shall become, by operation
of law, a participating employer on the first entry date. The Kansas turnpike authority shall
not become a participating employer nor shall its officers or employees be covered by the
retirement system until such time as its governing body by a 2/3 vote of the members of such
governing body adopts a resolution for affiliation and files the same in the same manner
and on the same conditions as in the case of an eligible employer other than a city or
township.

    (3) If a participating employer is paying or has paid the salary or other compensation
of the judge, clerk or any other employee, whether elective or appointive, such judge, clerk
or other employee of such court or courts, whether elective or appointive, shall be deemed
an employee of the participating employer. Such employee shall be governed by the pro-
visions governing other eligible employees of such participating employer. Any participating
employer which has not heretofore included such employees as eligible employees under
the retirement system shall on the first day of the month coinciding with or following the
effective date of this act include such employees if otherwise eligible as eligible employees
under the retirement system. Such employees, whether elective or appointive, if employed
on the employer's entry date may elect to pay forthwith the employee contributions from
the employer's entry date and thereby be governed by the provisions governing other em-
ployees employed by the participating employer on entry date except that no such employee
shall be considered to be new employees on the first day of the month coinciding with or
following the effective date of this act and commence making employee contributions in
compliance with other provisions governing the retirement system and the participating
employer shall make the employer contributions in accordance with the alternative elected
by the employee and other provisions governing the retirement system.

    (4) Any employer whose employees are covered by social security and who otherwise
do not meet the provisions of subsection (13) of K.S.A. 74-4902 and amendments thereto
may elect to affiliate under this section upon meeting the definition of a governmental entity
or instrumentality as determined by the system. If, subsequent to such determination, the
United States internal revenue service determines that such employer does not meet the
definition of a governmental entity or instrumentality, such affiliation shall be null and void
and all employee accrued rights associated with such affiliation shall be null and void and
the system shall refund such amounts presently credited to each employee's account and
an equivalent amount to the employer for each employee. The provisions of this subsection
shall apply to current and future participating employers.

    (5) For affiliations on and after January 1, 1999, any eligible employer, prior to the filing
of an application for affiliation under this system, shall request the board of trustees to submit
a proposal for such affiliation including an estimate of the employer's contribution rate
necessary to comply with the actuarial standard of this system. Such eligible employer shall
furnish all necessary data from which such proposal is prepared, and shall pay all costs
involved.

    Sec. 15. K.S.A. 1997 Supp. 74-4911, as amended by section 28 of 1997 Senate Bill No.
382, is hereby amended to read as follows: 74-4911. (1) Any employee of a participating
employer other than an elected official on the entry date of such employer shall be a member
of the system on either the entry date or the first day of the payroll period coinciding with
or following the completion of one year of service, whichever is later. For purposes of this
act occasional breaks in service which shall not exceed an aggregate of 10 days in any such
year shall not constitute a break in service for purposes of determining the membership
date of such employee.

    (2) Except as otherwise provided in this subsection, any employee other than an elected
official who is employed by a participating employer after the entry date of such employer
shall be a member of the system on the first day of the payroll period coinciding with or
following completion of one year of continuous service. For purposes of this act, occasional
breaks in service which shall not exceed an aggregate of 10 days in any such year shall not
constitute a break in continuous service for purposes of determining the membership date
of such employee. For purposes of this subsection, any employee of a local governmental
unit which has its own pension plan who becomes an employee of a participating employer
as a result of a merger or consolidation of services provided by local governmental units,
which occurred on January 1, 1994, may count service with such local governmental unit in
determining whether such employee has met the one year of continuous service requirement
contained in this subsection.

    (3) Any employee who is an elected official and is eligible to join the system shall file,
within 90 days after taking the oath of office, an irrevocable election to become or not to
become a member of the system. Such election shall become effective immediately upon
making such election, if such election is made within 14 days of taking the oath of office or,
otherwise, on the first day of the first payroll period of the first quarter following receipt of
the election in the office of the retirement system. In the event that such elected official
fails to file the election to become a member of the retirement system, it shall be presumed
that such person has elected not to become a member.

    (4) Except as otherwise required by USERRA, any employee other than an elected
official who is in military service or on leave of absence on the entry date of such employee's
employer shall become a member of the system upon returning to active employment or
on the first day of the payroll period coinciding with or following the completion of one
year of service, whichever is later. For purposes of this act, occasional breaks in service
which shall not exceed an aggregate of 10 days in any such year shall not constitute a break
in service for purposes of determining the membership date of such employee.

    (5) Any employee of the state of Kansas other than an elected official, who is receiving
or is eligible for assistance by the state board of regents in the purchase of a retirement
annuity under K.S.A. 74-4925, and amendments thereto, and who becomes ineligible for
such assistance because such employee's position is reclassified to a position in the classified
service under the Kansas civil service act, or who becomes ineligible for such assistance
because such person accepts and transfers to a position in the classified service under the
Kansas civil service act shall be a member of the system on the first day of the payroll period
coinciding with or following the effective date of such reclassification or transfer. Any such
employee who became ineligible for such assistance prior to the effective date of this act
because of such a reclassification or such a transfer occurring prior to the effective date of
this act and who is not a member of the system on the effective date of this act shall be a
member of the system on the first day of the payroll period coinciding with or following the
effective date of this act.

    (6) Any employee of the state board of regents or of an educational institution under
its management, other than an elected official, who is a member of the system and who
becomes ineligible to be a member of the system because such employee's position is re-
classified to a position under the Kansas civil service act which is eligible for assistance by
the state board of regents in the purchase of a retirement annuity under K.S.A. 74-4925
and amendments thereto, or who becomes ineligible to be a member of the system because
such employee transfers to a position under the Kansas civil service act which is eligible for
such assistance, shall become eligible for such assistance in accordance with the provisions
of K.S.A. 74-4925 and amendments thereto, unless such employee files a written election
in the office of the retirement system, in the form and manner prescribed by the board of
trustees thereof, to remain a member of the system prior to the first day of the first complete
payroll period occurring after the effective date of such reclassification or transfer. Failure
to file such written election shall be presumed to be an election not to remain a member
of the system and to become eligible for assistance by the state board of regents in the
purchase of a retirement annuity under K.S.A. 74-4925 and amendments thereto. Such
election, whether to remain a member of the system or to become eligible for such assis-
tance, shall be effective as of the effective date of such reclassification or transfer, and shall
be irrevocable.

    (7) Any elected official who at the time of becoming an elected official is already a
member of the system by being or having been an employee of a participating employer
shall continue as a member of the system.

    Sec. 16. K.S.A. 1997 Supp. 74-4913, as amended by section 33 of 1997 Senate Bill No.
382, is hereby amended to read as follows: 74-4913. (1) Prior service shall be credited as
follows:

    (a) A member shall receive full credit for continuous employment prior to the entry
date with such member's employer on the entry date. If the employee was also employed
on March 15, 1961, by the employer who is the employee's employer on the employee's
entry date of the year immediately preceding the entry date of that employer, then all such
previous employment, whether or not continuous, shall be credited; otherwise no credit
shall be granted for employment prior to a break in continuous employment. Any member
or retirant who has been credited with prior service as hereinbefore provided and who was
employed by any participating employer on March 15, 1961 of the year immediately pre-
ceding the entry date of that employer, may apply to the board on such forms as it may
prescribe for prior service credit with a participating employer other than the member's
entry date employer. Upon receipt of written verification of such employment from the
participating employer, the board may shall grant such additional prior service credit and
with respect to a retirant, shall adjust the amount of the retirement benefit accordingly
commencing with the next monthly benefit payment due following receipt of the written
verification, except that such retirant shall not be entitled to any retroactive adjustment in
the amount of such retirement benefit as a result of the board granting such additional prior
service credit. In the case of any person other than a retirant receiving a retirement benefit,
such person may make application for an adjustment in the benefit amount in the same
manner as a member or retirant, and in such case the adjustment in the benefit amount
shall be determined by the board upon the advice of the actuary, and shall commence with
the next monthly benefit payment due following receipt of the written verification;

    (b) leaves of absence and military service shall not be counted as breaks in continuous
employment; however, military service which is immediately preceded and followed by
employment with a participating employer shall be credited, except that after July 1, 1974,
not more than five years' credit for military service shall be granted hereunder to the extent
required under USERRA, but leaves of absence shall not be credited;

    (c) any member who was employed in the Kansas state employment service, now a
section of the Kansas division of employment security, during any of the time the Kansas
state employment service was loaned by the state to the federal government (January 1,
1942, for the duration of the emergency period of world war II, which service was returned
to the state by the federal government effective November 16, 1946) shall be entitled to
prior service credit for the time so employed during the period stated for any service ren-
dered under the jurisdiction of the United States employment service for the federal gov-
ernment in like manner as if the employment service had remained under the jurisdiction
of the state of Kansas;

    (d) any member who is not otherwise eligible for service credit as provided for in sub-
section (1)(a) may be granted credit for the service upon the attainment of 38 quarters of
participating service;

    (e) any member who was employed by the university of Wichita prior to July 1, 1964,
shall be entitled to prior service credit for such time of employment under the Kansas public
employees retirement system, when such employment is not the basis for other pension
rights.

    (2) Participating service shall be credited as follows: (a) A member shall receive credit
for participating service with a participating employer in accordance with the rules and
regulations established by the board of trustees, except that no more than one calendar
quarter of participating service shall be credited for any employment within any one calendar
quarter;

    (b) leaves of absence and military service shall not count as a break in continuous em-
ployment. In the case of a leave of absence, the member shall leave such member's accu-
mulated contribution on deposit with the fund; however, the period of military service shall
be credited, except that after July 1, 1974, not more than five years' credit for military
service shall be granted hereunder to the extent required under USERRA, but leaves of
absence shall not be credited. Employees who enter the military service from their em-
ployment after the employer's entry date and who have not completed one year of service
at the time of their entry into the military service, shall not become members of the retire-
ment system until they return to the employment of that or another participating employer.
In the case of such employee whose combined public employment and military service does
not equal one year at the time of such employee's return to employment, the date of mem-
bership shall be the first day of the payroll period coinciding with or following the completion
of one combined public employment and military year of service. Such service shall be
granted in accordance with this section;

    (c) a period of retirement under the system or a period of total disability, immediately
followed by employment with a participating employer, shall not count as a break in con-
tinuous employment, except that such periods while not employed shall not be credited as
participating service;

    (d) termination of employment, followed by employment with a participating employer
within five years after such termination, does not constitute a break in continuous employ-
ment if such person has not withdrawn such person's accumulated contribution. Such period
while not employed shall not be credited as participating service.

    (3) In determining the number of years of credited prior service or participating service
a fractional year of six months or more shall be considered as one year and a fractional year
of less than six months shall be disregarded.

    Sec. 17. K.S.A. 1997 Supp. 74-4914 is hereby amended to read as follows: 74-4914. (1)
The normal retirement date for a member of the system shall be the first day of the month
coinciding with or following termination of employment with any participating employer
not followed by employment with any participating employer within 30 days and the at-
tainment of age 65 or, commencing July 1, 1986, age 65 or age 60 with the completion of
35 years of credited service or at any age with the completion of 40 years of credited service,
or commencing July 1, 1993, any alternative normal retirement date already prescribed by
law or age 62 with the completion of 10 years of credited service or the first day of the
month coinciding with or following the date that the total of the number of years of credited
service and the number of years of attained age of the member is equal to or more than 85.
In no event shall a normal retirement date for a member be before six months after the
entry date of the participating employer by whom such member is employed. A member
may retire on the normal retirement date or on the first day of any month thereafter upon
the filing with the office of the retirement system of an application in such form and manner
as the board shall prescribe. Nothing herein shall prevent any person, member or retirant
from being employed, appointed or elected as an employee, appointee, officer or member
of the legislature. Elected officers may retire from the system on any date on or after the
attainment of the normal retirement date, but no retirement benefits payable under this act
shall be paid until the member has terminated such member's office.

    (2) No retirant shall make contributions to the system or receive service credit for any
service after the date of retirement.

    (3) Any member who is an employee of an affiliating employer pursuant to K.S.A. 74-
4954b and amendments thereto and has not withdrawn such member's accumulated con-
tributions from the Kansas police and firemen's retirement system may retire before such
member's normal retirement date on the first day of any month coinciding with or following
the attainment of age 55.

    (4) Any member may retire before such member's normal retirement date on the first
day of any month coinciding with or following termination of employment with any partic-
ipating employer not followed by employment with any participating employer within 30
days and the attainment of age 55 with the completion of 10 years of credited service, but
in no event before six months after the entry date, upon the filing with the office of the
retirement system of an application for retirement in such form and manner as the board
shall prescribe.

    (5) If a retirant who retired on or after July 1, 1988, is employed or appointed in or to
any position or office for which compensation for service is paid, during calendar years 1988
through 1990, in an amount equal to $6,000 or more in