J o u r n a l o f t h e H o u s e FORTY-FOURTH DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Monday, March 17, 1997, 11:00 a.m. The House met pursuant to adjournment with Speaker Shallenburger in the chair. The roll was called with 121 members present. Rep. Dean was excused on verified illness. Reps. Bradley, Compton and Mayans were excused on excused absence by the Speaker. Prayer by guest chaplain, Father Bernard Gorges, All Saints Catholic Church, Wichita, and guest of Rep. Farmer: Let us remember that we are in the Holy Presence of God . . . We would like to rise very high, Lord, above this chamber, above this city, above this world, above time. We would like to rise, Lord, to see with Your eyes. Give us the vision to see Your Image within those who are most innocent, most helpless, most defense less . . . those without voice. Help us to see Your Image in the unborn and the aged, the poor and the suffering . . . the lonely. We would like to rise, Lord, to hear with Your ears. Give us the ability to hear the cries of the down-trodden and confused, the distressed and despairing . . . the abused. Help us to offer them hope and consolation, dignity and freedom, a certain calm . . . life. Lord, help us to hear with Your ears. We would like to rise, Lord, to feel with Your heart. Give us the courage to feel the torment of those living in fear, those chained by addiction, those trapped by ignorance, prejudice . . . pride. Help us to endure the trials that await us, as we foster that certain security, that liberation from vice, and that education which draws one from the darkness of error and propels one toward the light of justice and truth . . . freedom. Lord, help us to feel compassion with Your heart. We would like to rise, Lord. Transform us. Help to conform our mind and our will to Yours, that we might think and act with Your direction. Help us to be Your hands and Your feet . . . Your voice. Help us to work for ``true justice,'' that all people might know and experience their God-given rights of Life and Liberty. Help us to boldly engage our voice . . . to profess that these two rights apply to all people. Help us to precisely state that no individual's ``choice'' can render these rights void. We would like to rise, Lord. Transform us to be like You that we might experience true happiness and joy. We would like to rise very high, Lord, above this chamber, above this city, above this world, above time. We ask this through Jesus Christ, our Lord. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills and concurrent resolution were introduced and read by title: HB 2533, An act concerning the Kansas state high school activities association; prohibiting regulation or supervision thereby of activities during certain periods of time; amending K.S.A. 1996 Supp. 72-130 and repealing the existing section, by Committee on Federal and State Affairs. 414 JOURNAL OF THE HOUSE HB 2534, An act amending the employment security law; relating to eligibility for benefits; amending K.S.A. 1996 Supp. 44-705 and repealing the existing section, by Committee on Federal and State Affairs. HB 2535, An act concerning the medical student loan act; relating to approved residency training programs; amending K.S.A. 1995 Supp. 76-381, as amended by section 137 of chapter 229 of the 1996 Session Laws of Kansas and K.S.A. 1996 Supp. 76-381 and repealing the existing section, by Committee on Appropriations. HB 2536, An act concerning the Kansas racing and gaming commission; relating to the greyhound tourism fund; amending K.S.A. 1996 Supp. 74-8831 and repealing the existing section, by Committee on Appropriations. HB 2537, An act concerning the Kansas racing and gaming commission; relating to salaries of commission members; amending K.S.A. 1996 Supp. 74-8803 and repealing the existing section, by Committee on Appropriations. HOUSE CONCURRENT RESOLUTION No. 5023-- By Representative Toplikar A PROPOSITION to amend section 1 of the bill of rights of the constitution of the state of Kansas, relating to a person's equal and inalienable rights. Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected (or appointed) and qualified to the House of Representatives and two-thirds of the members elected (or appointed) and qualified to the Senate concurring therein: Section 1. The following proposition to amend the bill of rights of the constitution of the state of Kansas shall be submitted to the qualified electors of the state for their approval or rejection: Section 1 of the bill of rights of the constitution of the state of Kansas is hereby amended to read as follows: ``(section) 1. Equal rights. All men persons from the moment of conception are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.'' Sec. 2. The following statement shall be printed on the ballot with the amendment as a whole: ``Explanatory statement. This amendment would specify that a person's equal and inalienable natural rights are protected under the Kansas Constitution from the moment of conception.'' ``A vote for this proposition would specifically provide that a person's equal and inalienable rights begin from the moment of conception. ``A vote against this proposition retains the existing language of (section) 1 of the bill of rights of the Kansas constitution.'' Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed) and qualified to the House of Representatives, and two-thirds of the members elected (or appointed) and qualified to the Senate, shall be entered on the journals, together with the yeas and nays. The secretary of state shall cause this resolution to be published as provided by law and shall cause the proposed amendment to be submitted to the electors of the state at the general election in the year 1998 unless a special election is called at a sooner date by concurrent resolution of the legislature, in which case it shall be submitted to the electors of the state at the special election. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolutions were referred to committees as indicated: Agriculture: Sub. SB 317. Business, Commerce and Labor: SB 346. Calendar and Printing: HB 2530. Judiciary: HB 2531; SB 292. Taxation: HB 2532 . Tourism: SB 168. March 17, 1997 415 CONSENT CALENDAR Objection was made to SB 237 appearing on the Consent Calendar; the bill was placed on the calendar under the heading of General Orders. No objection was made to SB 267 appearing on the Consent Calendar for the first day. No objection was made to HB 2498 appearing on the Consent Calendar for the second day. No objection was made to SB 83, 121, 275 appearing on the Consent Calendar for the third day. The bills were advanced to Final Action on Bills and Concurrent Resolutions. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS SB 83, An act concerning the employment security law; amending K.S.A. 1996 Supp. 44709, 44-710 and 44-718 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 121; Nays 0; Present but not voting 0; Absent or not voting 4. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Campbell, Carmody, Correll, Cox, Crow, Dahl, 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, Lloyd, J. Long, P. Long, Mason, 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: Bradley, Compton, Dean, Mayans. The bill passed. SB 121, An act concerning the compliance advisory panel for the small business assistance program under the Kansas air quality act; amending K.S.A. 1996 Supp. 65-3027 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 121; Nays 0; Present but not voting 0; Absent or not voting 4. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Campbell, Carmody, Correll, Cox, Crow, Dahl, 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, Lloyd, J. Long, P. Long, Mason, 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: Bradley, Compton, Dean, Mayans. The bill passed. SB 275, An act authorizing the secretary of state to grant an easement to Finney county for the purpose of construction and maintenance of a stream crossing, was considered on final action. 416 JOURNAL OF THE HOUSE On roll call, the vote was: Yeas 121; Nays 0; Present but not voting 0; Absent or not voting 4. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Campbell, Carmody, Correll, Cox, Crow, Dahl, 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, Lloyd, J. Long, P. Long, Mason, 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: Bradley, Compton, Dean, Mayans. The bill passed. Sub. HB 2368, An act concerning surface water quality; relating to application of certain stream designations and certain standards; creating the special commission on water quality standards and specifying the membership and functions thereof, was considered on final action. On roll call, the vote was: Yeas 92; Nays 29; Present but not voting 0; Absent or not voting 4. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Carmody, Correll, Cox, Dahl, Dillon, Dreher, Edmonds, Empson, Faber, Feuerborn, Findley, Flower, Franklin, Freeborn, Garner, Geringer, Gilmore, Glasscock, Grant, Gregory, Hayzlett, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Phil Kline, Phill Kline, Krehbiel, Landwehr, Lane, Larkin, Lloyd, P. Long, Mason, Mays, McClure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, Powell, Powers, Presta, Ray, Reinhardt, Ruff, Samuelson, Schwartz, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Swenson, Tanner, Thimesch, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wempe, Wilk, Wilson. Nays: Burroughs, Campbell, Crow, Farmer, Flaharty, Flora, Gilbert, Haley, Helgerson, Henderson, Johnston, Kirk, Klein, Kuether, J. Long, McKechnie, Nichols, E. Peterson, J. Peterson, Phelps, Pottorff, Reardon, Sawyer, Shallenburger, Spangler, Storm, Toelkes, Wells, Welshimer. Present but not voting: None. Absent or not voting: Bradley, Compton, Dean, Mayans. The substitute bill passed. EXPLANATIONS OF VOTE Mr. Speaker: I vote red against the Feds. Some one, some where, some how, better use some restraint on ammonia and herbicides. I change to green reluctantly for atrazine. I vote yes on Sub. HB 2368.--Ted Powers Mr. Speaker: I vote no on Sub. HB 2368. Kansas has a national reputation for having some of the dirtiest surface water in the nation. We are considering the formation of a $5 million a year state tourism commission. This is no time to be the first state in the nation to suspend, in whole or in part, the 1994 surface water quality standards. To do so is not good for the people of Kansas, the tourism industry or the environment we hope our children will inherit and enjoy.--Douglas Johnston Mr. Speaker: We vote no on substitute for Sub. HB 2368. We support requiring KDHE to use the expected, rather than the special aquatic life use, for the mixing zone and low flow provisions to determine perit limits for the discharge of ammonia and chlorides into Kansas Rivers. We cannot support suspending water of a maximum of 1 part per billion, and instead use the drinking water standard of 3 parts per billion. We believe the State of March 17, 1997 417 Kansas should strive for the lower standard for atrazine.--Vaughn L. Flora, Nancy Kirk, Tom Sawyer, Dixie Toelkes, Annnie Kuether. HB 2479, An act concerning consumer protection; relating to prize notification; amending K.S.A. 50-692 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 121; Nays 0; Present but not voting 0; Absent or not voting 4. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Campbell, Carmody, Correll, Cox, Crow, Dahl, 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, Lloyd, J. Long, P. Long, Mason, 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: Bradley, Compton, Dean, Mayans. The bill passed. HB 2484, An act concerning the Kansas bureau of investigation; relating to the powers, duties and functions thereof; authorizing acceptance of gifts and grants; background investigations; amending K.S.A. 75-712 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 114; Nays 7; Present but not voting 0; Absent or not voting 4. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Carmody, Correll, Cox, Crow, Dahl, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mays, McClure, McCreary, McKechnie, Minor, Mollenkamp, Morrison, Myers, Nichols, O'Neal, Osborne, Packer, 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, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Campbell, Howell, McKinney, Neufeld, O'Connor, Palmer, Swenson. Present but not voting: None. Absent or not voting: Bradley, Compton, Dean, Mayans. The bill passed, as amended. SB 197, An act concerning the regulation of pharmacists; amending K.S.A. 65-1626, as amended by section 118 of chapter 229 of the 1996 Session Laws of Kansas, and 65-1643 and K.S.A. 1996 Supp. 65-1642 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 121; Nays 0; Present but not voting 0; Absent or not voting 4. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Campbell, Carmody, Correll, Cox, Crow, Dahl, 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, 418 JOURNAL OF THE HOUSE Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, 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: Bradley, Compton, Dean, Mayans. The bill passed, as amended. SB 201, An act concerning the practice of pharmacy; defining the practice of pharmacy; persons engaged in pharmacy practice; amending K.S.A. 65-1626, as amended by section 118 of chapter 229 of the 1996 Session Laws of Kansas, and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 121; Nays 0; Present but not voting 0; Absent or not voting 4. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Campbell, Carmody, Correll, Cox, Crow, Dahl, 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, Lloyd, J. Long, P. Long, Mason, 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: Bradley, Compton, Dean, Mayans. The bill passed, as amended. MOTIONS TO CONCUR AND NONCONCUR On motion of Rep. Cox, the House concurred in Senate amendments to HB 2057, An act concerning real property; relating to the release of a mortgage or deed of trust. On roll call, the vote was: Yeas 118; Nays 3; Present but not voting 0; Absent or not voting 4. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Campbell, Carmody, Correll, Cox, Crow, Dahl, 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, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, 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, 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: Kejr, Phill Kline, Shallenburger. Present but not voting: None. Absent or not voting: Bradley, Compton, Dean, Mayans. March 17, 1997 419 On motion of Rep. Jennison, the House nonconcurred in Senate amendments to HB 2110 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Jennison, Wagle and Sawyer as conferees on the part of the House. CHANGE OF CONFEREES Speaker Shallenburger announced the appointment of Rep. Aurand as a member of the conference committee on SB 17 to replace Rep. Howell. On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep. Lloyd in the chair. COMMITTEE OF THE WHOLE On motion of Rep. Lloyd, Committee of the Whole report, as follows, was adopted: Recommended that SB 246, 245, 225 be passed. Committee report to SB 63 be adopted and the bill be passed as amended. On motion of Rep. Garner SB 304 be amended on page 3, in line 18, by striking all after ``shall''; in line 19, by striking ``tion,'' and inserting ``receive''; also in line 19, before ``K.S.A.'', by inserting ``subsection (e) of''; Also, on motion to recommend SB 304 favorably for passage, the motion did not prevail. REPORTS OF STANDING COMMITTEES The Committee on Appropriations recommends HB 2160 be amended on page 2, in line 7, by striking ``$237,584'' and inserting in lieu thereof ``$177,584''; On page 6, in line 20, by striking ``$157,166'' and inserting in lieu thereof ``$176,949''; in line 21, by striking ``$157,966'' and inserting in lieu thereof ``$172,490''; On page 8, in line 12, by striking ``$215,086'' and inserting in lieu thereof ``$216,236''; in line 39, by striking ``10.0'' and inserting in lieu thereof ``9.0''; in line 40, by striking ``10.0'' and inserting in lieu thereof ``9.0''; On page 9, in line 23, by striking ``2.0'' and inserting in lieu thereof ``3.0''; in line 24, by striking ``2.0'' and inserting in lieu thereof ``3.0''; On page 10, in line 2, by striking ``for such fiscal year''; also in line 2, after ``agency'' by inserting the following: ``to the division of the budget and to the legislative research department for fiscal year 1997 with regard to such purchases or other acquisitions during fiscal year 1998, or which was included in the budget estimates submitted by the state agency for fiscal year 1998 with regard to such purchases or other acquisitions during fiscal year 1999,''; in line 3, after the comma, by inserting the following: ``or any amendments or revisions thereto submitted to the division of the budget and to the legislative research department prior to July 1, 1997, with regard to budget estimates for fiscal year 1997 and prior to the 1998 regular session of the legislature with regard to budget estimates for fiscal year 1998,''; in line 11, before the comma, by inserting the following: ``, less all unexpended amounts of savings from fiscal years prior to the the immediately preceding fiscal year''; in line 28, by striking ``for such fiscal year''; in line 29, after ``agency'' by inserting the following: ``to the division of the budget and to the legislative research department for fiscal year 1997 with regard to such purchases or other acquisitions during fiscal year 1998, or which was included in the budget estimates submitted by the state agency for fiscal year 1998 with regard to such purchases or other acquisitions during fiscal year 1999,''; also in line 29, after the comma, by inserting the following: ``or any amendments or revisions thereto submitted to the division of the budget and to the legislative research department prior to July 1, 1997, with regard to budget estimates for fiscal year 1997 and prior to the 1998 regular session of the legislature with regard to budget estimates for fiscal year 1998,''; in line 37, before the comma, by inserting the following: ``, less all unexpended amounts of savings from fiscal years prior to the immediately preceding fiscal year''; On page 11, in line 11, after the comma, by inserting the following: ``less all unexpended amounts of savings from fiscal years prior to the immediately preceding fiscal year, as determined by the director of accounts and reports,''; in line 13, before ``is'' by inserting the following: ``less all unexpended amounts of savings from fiscal years prior to the immediately preceding fiscal year, as determined by the director of accounts and reports,''; in line 23, 420 JOURNAL OF THE HOUSE after the period, by inserting the following: ``On July 1, 1997, the director of accounts and reports shall transfer all moneys in each such Kansas savings incentive account which are unexpended amounts of savings from fiscal years prior to fiscal year 1997, as determined by the director of accounts and reports, from such Kansas savings incentive account back to the account or accounts from which such amounts were transferred for the purposes of the Kansas quality program pursuant to section 87 of chapter 191 of the 1996 Session Laws of Kansas. (3) For purposes of expenditures under the Kansas savings incentive program during fiscal year 1999, each state agency named in section 22 of this act shall submit, to the division of the budget and to the legislative research department prior to 1998 regular session of the legislature, amendments or revisions to budget estimates for fiscal year 1998 that specify the anticipated amounts of savings from amounts budgeted for fiscal year 1998 and set forth the anticipated expenditures to be made during fiscal year 1999 from such amounts of savings under the Kansas savings incentive program. (4) For purposes of expenditures under the Kansas savings incentive program during fiscal year 2000, each state agency named in section 22 of this act shall submit, to the division of the budget and to the legislative research department prior to the 1999 regular session of the legislature, amendments or revisions to budget estimates for fiscal year 1999 that specify the anticipated amounts of savings from amounts budgeted for fiscal year 1999 and set forth the anticipated expenditures to be made during fiscal year 2000 from such amounts of savings under the Kansas savings incentive program.''; On page 15, in line 18, by striking ``$1,567,118'' and inserting in lieu thereof ``$1,487,118''; by striking all in line 43; On page 16, by striking all in lines 1 through 42; On page 17, in line 5, by striking ``$1,577,142'' and inserting in lieu thereof ``$1,562,367''; in line 28, by striking ``$99,307'' and inserting in lieu thereof ``$93,397''; On page 18, in line 5, by striking ``$3,219,655'' and inserting in lieu thereof ``$2,946,134''; On page 19, in line 36, by striking the period and inserting in lieu thereof the following: ``: 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.''; by striking all in lines 39 through 42 and inserting in lieu thereof the following: ``Provided, That all moneys recovered by the medicaid fraud and abuse division of the attorney 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 receipt 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 1998 regular session of the legislature to the subcommittee of the house of representatives committee on appropriations and 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 an estimate of the money the agency has expended for medicaid fraud control activities.''; On page 20, in line 5, by striking ``$1,498,967'' and inserting in lieu thereof ``$1,403,934''; in line 32, by striking ``$1,809,897'' and inserting in lieu thereof ``$1,768,620''; On page 21, in line 34, after ``expenditures'' by inserting ``for banking fees''; March 17, 1997 421 On page 22, in line 10, by striking ``$6,254,607'' and inserting in lieu thereof ``$6,228,605''; after line 36, by inserting the following: ``Uninsurable health insurance plan fund..................... No limit''; On page 23, in line 13, by striking ``$846,819'' and inserting in lieu thereof ``$833,019''; in line 30, by striking ``56.5'' and inserting in lieu thereof ``54.6''; On page 24, in line 42, by striking ``$10,624,274'' and inserting in lieu thereof ``$10,298,609''; On page 25, in line 37, by striking ``$69,171,309'' and inserting in lieu thereof ``$69,414,855''; On page 27, in line 5, by striking ``$4,549,989'' and inserting in lieu thereof ``$4,604,989''; in line 7, before the period, by inserting: ``: 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 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, 1998''; in line 26, by striking ``$354,936'' and inserting in lieu thereof ``$315,541''; in line 35, by striking ``$63,378'' and inserting in lieu thereof ``$60,260''; in line 40, by striking ``$1,375,083'' and inserting in lieu thereof ``$1,346,627''; On page 29, in line 6, by striking the period and inserting in lieu thereof the following: ``: And provided further, That the state corporation commission shall include as part of the fiscal year 1999 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 year 1999, 2000 and 2001.''; in line 8, by striking ``$1,600,000'' and inserting in lieu thereof ``No limit''; after line 26, by inserting the following: ``Suspense fund................................................ No limit''; Also on page 29, in line 31, by striking ``$12,099,992'' and inserting in lieu thereof ``$11,743,812''; On page 32, in line 24, before the period, by inserting ``; public broadcasting capital equipment grants''; before line 30, by inserting the following: ``Public broadcasting EDIF capital equipment grants fund.......... $500,000 Provided, That all expenditures from the public broadcasting EDIF capital equipment grants 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 capital equipment grants.''; On page 35, after line 40, by inserting the following: ``Executive mansion gifts fund.................................... No limit Veterans memorial fund.......................................... No limit''; On page 37, after line 36, by inserting the following: ``(j) On July 1, 1997, or as soon thereafter as moneys are available, upon notification by the chairperson of the Kansas public broadcasting council that member public broadcasting stations have received grant funds or have obtained matching funds from a nonstate source for capital equipment expenditures, the director of accounts and reports shall transfer one or more amounts of not to exceed $500,000 in the aggregate from the Kansas economic development endowment account of the state economic development initiatives fund of the department of commerce and housing to the public broadcasting EDIF capital equipment grants fund of the department of administration for the Kansas public broadcasting council.''; On page 38, in line 1, by striking ``9.0'' and inserting in lieu thereof ``7.6''; in line 2, by striking ``37.0'' and inserting in lieu thereof ``36.1''; in line 3, by striking ``213.0'' and inserting in lieu thereof ``212.0''; in line 10, by striking ``$1,424,171'' and inserting in lieu thereof 422 JOURNAL OF THE HOUSE ``$1,282,492''; by striking all in line 15; in line 25, by striking ``$28,165,317'' and inserting in lieu thereof ``$27,846,208''; in line 29, before the period, by inserting: ``: Provided further, That expenditures from this account for salaries and wages of employees in the property valuation division shall not exceed $2,871,988''; in line 35, by striking ``$28,859,120'' and inserting in lieu thereof ``$28,823,663''; in line 38, by striking ``$16,839,338'' and inserting in lieu thereof: ``$16,803,881: And provided further, That expenditures from this fund for salaries and wages of employees in the property valuation division shall not exceed $319,109: And provided 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, 1998''; On page 41, in line 41, by striking ``$8,471,243'' and inserting in lieu thereof ``$7,256,420''; On page 42, in line 3, before the period, by inserting: ``: And provided further, That any expenditure from the lottery operating fund 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 lottery operating fund for the fiscal year ending June 30, 1998''; after line 13, by inserting the following: ``(d) Notwithstanding any other provision of law, no transfers shall be made during fiscal year 1998 from the lottery operating 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 lottery 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.''; Also on page 42, in line 20, by striking ``$2,784,090'' and inserting in lieu thereof ``$1,684,479''; in line 23, before the period, by inserting: ``: And provided further, That any expenditure from the state racing fund in order 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 state racing fund for the fiscal year ending June 30, 1998''; in line 29, by striking ``County fair horse'' and inserting in lieu thereof ``Horse fair''; also in line 29, by striking ``No limit'' and inserting in lieu thereof ``$250,000''; On page 43, after line 5, by inserting the following: ``(d) On July 1, 1997, and on June 30, 1998, the director of accounts and reports shall transfer any unencumbered balance in excess of $250,000 from the horse fair racing benefit fund to the state racing fund for the purpose of reimbursing the Kansas racing and gaming commission for previous expenditures to subsidize county fair parimutuel racing. (e) Notwithstanding any other provision of 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.''; Also on page 43, in line 10, by striking ``$2,725,356'' and inserting in lieu thereof ``$2,390,197''; in line 33, before the period, by inserting the following: ``: 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 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''; in line 37, by striking ``No limit'' and inserting in lieu thereof ``$0''; after line 43, by inserting the following: March 17, 1997 423 ``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 corporation: 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.''; On page 44, after line 17, by inserting the following: ``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 corporation: 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.''; On page 45, in line 29, by striking ``$13,491,244'' and inserting in lieu thereof ``$12,759,944''; in line 43, by striking ``$7,245,784'' and inserting in lieu thereof ``$6,685,344''; On page 46, in line 18, by striking ``$250,000'' and inserting in lieu thereof ``$85,000''; after line 18, by inserting the following: ``Community capacity building grant program.................... $165,000''; Also on page 46, in line 21, after ``grant'' by inserting ``program''; after line 21, by inserting the following: ``Provided, That all expenditures from the training equipment grant program subaccount of the Kansas economic development endowment account of the state economic development initiatives fund shall be for grants to community colleges, area vocational schools and area vocational-technical schools.''; Also on page 46, in line 29, by striking ``$0'' and inserting in lieu thereof ``$50,000''; in line 38, by striking ``$500,000'' and inserting in lieu thereof ``$0''; On page 48, in line 10, by striking ``economic opportunities initiatives'' and inserting in lieu thereof ``existing industry expansion''; in line 15, by striking ``$227,240'' and inserting in lieu thereof ``$153,135''; in line 19, by striking ``expenditures'' and inserting ``no expenditures shall be made''; in line 20, by striking ``shall not exceed $64,620''; On page 49, in line 7, by striking ``$13,284,014'' and inserting in lieu thereof ``$12,532,501''; in line 22, by striking ``$13,284,014'' and inserting in lieu thereof ``$12,724,717''; after line 36, by inserting the following: ``(e) No moneys appropriated for the fiscal year ending June 30, 1998, by this or other appropriation act of the 1997 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.''; Also on page 49, in line 43, by striking ``30.0'' and inserting in lieu thereof ``25.0''; On page 50, in line 1, by striking ``1,192.5'' and inserting in lieu thereof ``1,184.5''; after line 1, by inserting the following: ``Provided, That, within the limitation on the number of full-time and regular part-time positions equated to full-time, excluding seasonal and temporary positions, established for the department of revenue, the number of full-time and regular part-time positions equated 424 JOURNAL OF THE HOUSE to full-time, excluding seasonal and temporary positions, in the division of property valuation shall not exceed 72.0 full-time equivalent positions.''; Also on page 50, in line 2, by striking ``95.0'' and inserting in lieu thereof ``85.0''; by striking all in line 3 and inserting in lieu thereof the following: ``Kansas Racing and Gaming Commission--state racing operations........ 30.0 Kansas Racing and Gaming Commission--state gaming agency............ 13.0''; Also on page 50, in line 4, by striking ``134.0'' and inserting in lieu thereof ``116.8''; in line 9, by striking ``$12,700,000'' and inserting in lieu thereof ``$12,000,000''; in line 16, by striking ``$1,545,027'' and inserting in lieu thereof ``$1,485,978''; in line 30, by striking ``$7,430,014'' and inserting in lieu thereof ``$7,319,426''; On page 51, by striking all in lines 29 through 33; On page 52, in line 16, by striking ``$14,323,827'' and inserting in lieu thereof ``$12,092,781''; in line 21, by striking ``$5,936,429'' and inserting in lieu thereof ``$4,383,852''; after line 21, by inserting the following: ``Vaccine purchases............................................. $1,150,940 Child care licensing operating expenditures.................... $628,585''; On page 53, in line 25, by striking ``No limit'' and inserting in lieu thereof ``$2,000''; in line 34, by striking ``$139,142'' and inserting in lieu thereof ``$133,227''; On page 54, in line 6, by striking ``$164,598'' and inserting in lieu thereof ``$149,057''; in line 11, by striking ``$219,215'' and inserting in lieu thereof ``$219,615''; in line 22, by striking ``Publication'' and inserting in lieu thereof ``Health and environment publication''; after line 22, by inserting the following: ``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.''; Also on page 54, in line 27, by striking ``$0'' and inserting in lieu thereof ``$22,795''; in line 28, by striking ``$1,246,307'' and inserting in lieu thereof ``$1,246,735''; after line 28, by inserting the following: ``Remediation projects fund........................................ $59,059 Provided, That expenditures from the remediation projects fund shall be made only for the purpose of paying federal match requirements at the Cherokee county superfund site: Provided further, That, on June 30, 1998, the director of accounts and reports shall transfer all moneys in the remediation projects fund to the state general fund: And provided further, That, on June 30, 1998, all liabilities of the remediation projects fund are hereby transferred to and imposed upon the state general fund and the remediation projects fund is hereby abolished.''; Also on page 54, in line 30, by striking ``$4,253,398'' and inserting in lieu thereof ``$4,053,398''; On page 55, in line 5, before the period, by inserting the following: ``: Provided further, That expenditures from this fund for salaries and wages shall not exceed $185,524''; in line 23, by striking ``$1,140,938'' and inserting in lieu thereof ``$1,065,238''; after line 33, by inserting the following: ``Provided, That all expenditures from the federal chemical emergency preparedness assistance 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 agreement 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.''; On page 56, in line 33, by striking ``$164,210'' and inserting in lieu thereof ``$19,333''; in line 42, by striking ``$1,557,739'' and inserting in lieu thereof ``$1,512,739''; after line 42, by inserting the following: ``Hazardous waste perpetual care trust fund.......................... $0''; March 17, 1997 425 On page 57, in line 5, by striking ``$43,024'' and inserting in lieu thereof ``$108,011''; in line 6, by striking ``No limit'' and inserting in lieu thereof ``$340,000''; in line 18, by striking ``$12,275'' and inserting in lieu thereof ``$12,278''; by striking all in line 21; in line 23, by striking ``No limit'' and inserting in lieu thereof ``$247,387''; in line 24, after ``protection'' by inserting ``--federal''; in line 25, by striking ``4E'' and inserting in lieu thereof ``IV-E''; in line 33, by striking ``$2,200,000'' and inserting in lieu thereof ``$2,000,000''; in line 37, by striking ``$3,908,562'' and inserting in lieu thereof ``$3,708,562''; On page 58, in line 15, after ``grant'' by inserting ``--federal''; by striking all in lines 18 through 22; And by relettering subsections accordingly; Also on page 58, in line 26, by striking ``4E'' and inserting in lieu thereof ``IV-E''; On page 59, in line 14, after the colon, by inserting: ``And provided further, That the secretary on aging, on or before December 1, 1997, shall report to the house of representatives committee on appropriations the first quarter data for Kansas senior care act programs for fiscal year 1998, 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:''; in line 16, by striking ``$115,598,902'' and inserting in lieu thereof ``$106,427,670''; after line 16, by inserting the following: ``Provided, That the secretary on aging, on or before December 1, 1997, 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 1998, including, but not limited to, the number of persons served by each such program.''; Also on page 59, after line 40, by inserting the following: ``Area agencies on aging loan recovery fund............................. $0 Provided, That the secretary on aging recover all moneys loaned to the area agencies on aging by the department on aging during fiscal year 1997 for purposes related to the transfer of long-term care programs from the department of social and rehabilitation services to the department on aging: Provided further, That all moneys received by the secretary on aging for repayment of moneys loaned 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.``; On page 60, in line 14, by striking ``1,015.5'' and inserting in lieu thereof ``981.8''; in line 16, by striking ``828.1'' and inserting in lieu thereof ``796.6''; in line 17, by striking ``166.3'' and inserting in lieu thereof ``37.8''; in line 37, by striking ``$165,558,114'' and inserting in lieu thereof ``$164,408,114''; On page 61, in line 7, by striking all after the comma; by striking all in lines 8 and 9; in line 10, by striking all before ``That''; after line 12, by inserting the following: ``Children's mental health initiative........................... $1,000,000 Provided, That no expenditures shall be made from the children's mental health initiative account for inpatient hospital beds for children.''; Also on page 61, in line 19, by striking ``$2,528,058'' and inserting in lieu thereof ``$2,678,058''; in line 25, before the period, by inserting: ``: And provided further, That expenditures may be made from this account for equipment of up to $5,000 per developmentally disabled child leaving a state mental retardation hospital and training center: And provided further, That expenditures from this account for equipment for a developmentally disabled child leaving a state mental retardation hospital and training center shall not exceed $150,000: And provided further, That expenditures for equipment for a developmentally disabled child leaving a state mental retardation mental hospital and training center shall not require a match from nonstate sources''; in line 43, before the period, by inserting: ``: Provided further, That the secretary of social and rehabilitation services shall report, no later than August 1, 1997, to the SRS transition oversight committee 426 JOURNAL OF THE HOUSE regarding the status of full-time employee positions transferred from the department of social and rehabilitation services to the department on aging related to the transfer of longterm care programs''; On page 65, after line 8, by inserting the following: ``Provided, That no expenditures shall be made from the temporary assistance to needy families federal fund for computer systems related to welfare reform until the plans for computer systems related to welfare reform are reviewed by the joint committee on computers and telecommunications.''; Also on page 65, in line 32, by striking ``$12,304,329'' and inserting in lieu thereof ``$12,252,629''; in line 33, by striking ``$12,197,190'' and inserting in lieu thereof ``$12,171,190''; in line 34, by striking ``$8,296,860'' and inserting in lieu thereof ``$8,279,160''; in line 35, by striking ``$10,078,936'' and inserting in lieu thereof ``$9,511,965''; in line 36, by striking ``$2,942,018'' and inserting in lieu thereof ``$2,744,631''; in line 37, by striking ``$1,425,423'' and inserting in lieu thereof ``$1,419,423''; in line 38, by striking ``$118,313,358'' and inserting in lieu thereof ``$117,313,358''; On page 69, after line 13, by inserting the following: ``(q) During the fiscal year ending June 30, 1998, an amount equal to the amount appropriated to Topeka state hospital less expenditures by Topeka state hospital during such fiscal year shall be granted as one-time grants to community mental health service providers from the mental health and retardation services aid and assistance and state institutions operations account of the state general fund.''; Also on page 69, in line 18, by striking ``$912,402'' and inserting in lieu thereof ``$893,431''; in line 34, by striking ``518.0'' and inserting in lieu thereof ``498.7''; in line 35, by striking ``136.4'' and inserting in lieu thereof ``129.6''; On page 70, in line 22, by striking all after ``1998''; in line 23, by striking all before the period; in line 25, by striking ``$1,446,400,162'' and inserting in lieu thereof ``$1,385,620,000''; in line 28, by striking ``$48,748,725'' and inserting in lieu thereof ``$52,089,000''; On page 71, in line 12, by striking ``$900,000'' and inserting in lieu thereof ``$904,506''; On page 72, by striking all in line 3; On page 73, in line 18, by striking ``$8,916,110'' and inserting in lieu thereof ``$10,401,110''; On page 74, after line 1, by inserting the following: ``Tuition and fee waiver reimbursement fund.......................... $0''; Also on page 74, after line 15, by inserting the following: ``Innovative program assistance.............................. $1,485,000''; Also on page 74, in line 18, by striking ``$2,228,501'' and inserting in lieu thereof ``$2,599,751''; in line 20, by striking ``$2,228,504'' and inserting in lieu thereof ``$2,599,754''; by striking all in lines 28 through 31 and inserting in lieu thereof the following: ``(g) During the fiscal year ending June 30, 1998, no expenditures may be made by the department of education from any moneys appropriated for fiscal year 1998 by this or other appropriation act of the 1997 regular session of the legislature for any monthly payment to any school district unless (1) the school district has certified to the department of education and the department of social and rehabilitation services whether or not the school district has been approved as a federal medicaid provider; and (2) if the school district has been approved as a federal medicaid provider, the school district has certified monthly to the department of education and the department of social and rehabilitation services an account of (A) the amount of federal medicaid moneys the school district has received during the preceding 12 months, the amount expended during such period, including the amount expended to satisfy the federal medicaid matching requirement, and the purposes for which such moneys were expended during such period; and (B) the amounts of federal medicaid moneys the school district anticipates receiving during the ensuing month and during the remainder of fiscal year 1998, and the amount anticipated to be expended during each such period, including the amounts the school district is required to expend to satisfy the federal March 17, 1997 427 medicaid matching requirement, and the purposes for which such moneys are to be expended during each such period.''; Also on page 74, in line 36, by striking ``$1,532,699'' and inserting in lieu thereof ``$1,391,786''; after line 42, by inserting the following: ``Provided, That, of the moneys appropriated in the grants to libraries and library systems account $1,964,496 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 development grants and $378,356 is to be paid according to contracts with the subregional libraries of the Kansas talking book services.''; On page 75, in line 21, by striking ``$1,106,110'' and inserting in lieu thereof ``$580,528''; after line 35, by inserting the following: ``Economic development initiatives grant fund..................... $525,582 Provided, That expenditures from the economic development initiatives grant 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 arts programming: Provided further, That expenditures from this fund shall be made in a manner to benefit the maximum number of Kansas communities in the development of Kansas talent and art.''; On page 76, after line 5, by inserting the following: ``(c) On July 15, 1997, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $525,582 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 grant fund of the Kansas arts commission.''; Also on page 76, in line 10, by striking ``$3,828,565'' and inserting in lieu thereof ``$3,896,733''; after line 16, by inserting the following: ``Provided, 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 guidelines prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto, after receiving information that the Kansas state school for the blind has received the required matching funds.''; Also, on page 76, in line 43, by striking ``$6,683,473'' and inserting in lieu thereof ``$6,630,814''; On page 77, in line 25, by striking ``$5,490,105'' and inserting in lieu thereof ``$5,196,800''; in line 28, by striking ``be made only'' and inserting in lieu thereof ``not exceed $26,014 except''; On page 78, after line 27, by inserting the following: ``Property sale proceeds fund..................................... No limit Provided, That proceeds from the sale of property pursuant to K.S.A. 75-2701 and amendments thereto shall be deposited in the state treasury and credited to the property sale proceeds fund.''; Also on page 78, in line 38, by striking ``136.5'' and inserting in lieu thereof ``131.6''; in line 43, by striking ``$26,298,218'' and inserting in lieu thereof ``$26,363,893''; On page 79, in line 15, by striking ``$7,807,940'' and inserting in lieu thereof ``$7,813,299''; On page 81, in line 15, by striking ``$91,511,341'' and inserting in lieu thereof ``$91,502,767''; in line 37, by striking ``$39,633,843'' and inserting in lieu thereof ``$39,658,501''; On page 85, in line 35, by striking ``$8,835,116'' and inserting in lieu thereof ``$8,842,427''; On page 87, in line 13, by striking ``$7,965,115'' and inserting in lieu thereof ``$7,981,106''; On page 89, in line 24, by striking ``$10,031,823'' and inserting in lieu thereof ``$10,039,191''; 428 JOURNAL OF THE HOUSE On page 91, in line 15, by striking ``$111,003,833'' and inserting in lieu thereof ``$110,854,916''; in line 30, by striking ``$71,303,861'' and inserting in lieu thereof ``$71,482,905''; On page 94, in line 42, by striking ``$87,059,491'' and inserting in lieu thereof ``$87,087,510''; On page 98, in line 5, by striking ``$55,617,166'' and inserting in lieu thereof ``$56,034,828''; in line 13, by striking ``$24,991,831'' and inserting in lieu thereof ``$25,017,435''; On page 100, by striking all in lines 24 through 28 and inserting in lieu thereof the following: ``Dues for western governor's conference....................... $100,000''; On page 103, in line 36, by striking ``$28,417,563'' and inserting in lieu thereof ``$28,342,563''; On page 104, in line 11, by striking ``$120,144,752'' and inserting in lieu thereof ``$115,005,002''; in line 14, by striking ``$760,797'' and inserting in lieu thereof ``$859,297''; On page 106, in line 2, by striking ``$11,982,942'' and inserting in lieu thereof ``$11,919,706''; in line 3, by striking ``$20,800,376'' and inserting in lieu thereof ``$20,591,697''; in line 4, by striking ``$29,593,454'' and inserting in lieu thereof ``$28,423,588''; in line 5, by striking ``$7,757,125'' and inserting in lieu thereof ``$7,646,462''; in line 6, by striking ``$8,494,984'' and inserting in lieu thereof ``$5,443,847''; in line 8, by striking ``$15,405,872'' and inserting in lieu thereof ``$15,336,312''; in line 9, by striking ``$6,500,657'' and inserting in lieu thereof ``$6,067,490''; in line 33, by striking ``3,015.5'' and inserting in lieu thereof ``2,854.0''; in line 38, by striking ``$3,888,970'' and inserting in lieu thereof ``$3,770,217''; On page 108, in line 30, by striking ``$22,971,722'' and inserting in lieu thereof ``$22,218,757''; On page 110, in line 36, by striking ``$10,539,411'' and inserting in lieu thereof ``$10,190,817''; in line 39, by striking ``be made only'' and inserting in lieu thereof ``not exceed $15,174 except''; On page 112, by striking all in lines 9 through 22; by striking all in lines 25, 26 and 27; in line 28, by striking ``(b)'' and inserting ``(a)''; in line 32, by striking ``$903,544'' and inserting in lieu thereof ``$0''; in line 33, by striking ``$2,727,830'' and inserting in lieu thereof ``$0''; in line 34, by striking ``$975,000'' and inserting in lieu thereof ``$0''; in line 39, by striking ``$9,965,204'' and inserting in lieu thereof ``$9,928,856''; On page 114, in line 40, by striking ``$718,482'' and inserting in lieu thereof ``$704,692''; On page 115, by striking all in line 2; in line 19, by striking ``$247,556'' and inserting in lieu thereof ``$238,071''; by striking all in lines 20 through 23 and inserting in lieu thereof the following: ``Any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998 to the state matching funds account which is hereby created in the state general fund: Provided, That all expenditures from the state matching funds account shall be for purposes of providing matching funds pursuant to federal grant requirements: Provided further, That no expenditures shall be made from the state matching funds 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 guidelines prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto.''; Also on page 115, in line 36, by striking ``$170,000'' and inserting in lieu thereof ``$164,000''; in line 38, by striking all after ``1998''; by striking all in line 39; in line 40, by striking all before the period; On page 116, in line 4, by striking ``226.0'' and inserting in lieu thereof ``217.5''; in line 7, by striking ``799.5'' and inserting in lieu thereof ``774.8''; in line 8, by striking ``194.5'' and inserting in lieu thereof ``182.4''; in line 10, by striking ``222.0'' and inserting in lieu thereof ``220.8''; in line 15, by striking ``6.0'' and inserting in lieu thereof ``5.7''; On page 119, in line 10, by striking ``$540,227'' and inserting in lieu thereof ``$493,495''; after line 27, by inserting the following: March 17, 1997 429 ``(c) On July 1, 1997, the director of accounts and reports shall transfer $50,000 from the state general fund to the livestock indemnification fund of the Kansas animal health department.''; Also on page 119, in line 42, by striking ``$115,000'' and inserting in lieu thereof ``$54,926''; On page 120, in line 36, by striking ``$557,589'' and inserting in lieu thereof ``$545,406''; On page 121, in line 36, by striking ``$2,482,100'' and inserting in lieu thereof ``$2,472,150''; On page 122, in line 22, by striking ``$8,750,000'' and inserting in lieu thereof ``$8,740,050''; in line 29, by striking ``$1,296,821'' and inserting in lieu thereof ``$1,277,850''; in line 39, by striking ``$2,319,212'' and inserting in lieu thereof ``$2,519,212''; On page 123, in line 25, by striking ``$3,908,698'' and inserting in lieu thereof ``$3,484,179''; in line 35, before the period, by inserting: ``: Provided further, That the department of wildlife and parks shall conduct a study to assess the benefits and cost ramifications of consolidating the operational offices of the department of wildlife and parks now located in Pratt and Topeka into facilities at one geographical location: And provided further, That a report on such study shall be submitted to the legislature at the beginning of the 1998 regular session''; On page 124, in line 40, by striking ``$2,000'' and inserting in lieu thereof ``No limit''; On page 125, in line 38, by striking ``29.0'' and inserting in lieu thereof ``27.5''; in line 40, by striking ``18.0'' and inserting in lieu thereof ``16.1''; in line 42, by striking ``14.0'' and inserting in lieu thereof ``13.3''; in line 43, by striking ``21.5'' and inserting in lieu thereof ``20.9''; On page 126, in line 1, by striking ``402.8'' and inserting in lieu thereof ``389.5''; in line 40, by striking ``$199,981,009'' and inserting in lieu thereof ``$194,530,009''; On page 127, in line 3, before the period, by inserting: ``: And provided further, That expenditures from the agency operations account of the state highway fund for a business processing reengineering and system requirements definition phase of a computer project to replace existing financial and maintenance management computer software systems shall be subject to the provisions of subsection (c): And provided further, That all expenditures for such computer project shall be in addition to any expenditure limitation imposed on the agency operations account of the state highway fund for fiscal year 1998, except that the total expenditures from the agency operations account for such computer project shall not exceed $3,000,000''; after line 25, by inserting the following: ``(c) Expenditures may be made from the agency operations account of the state highway fund for fiscal year 1998 for the purpose of contracting for a business processing reengineering and systems requirements definition phase of a computer project to replace the existing financial and maintenance management computer software systems: Provided, however, That no expenditures shall be made from any moneys appropriated for the department of transportation for fiscal year 1998, by this or other appropriation act of the 1997 regular session of the legislature, for any subsequent work on such computer project, including, but not limited to, the purchase of any hardware or software, system design or system implementation, 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 guidelines prescribed by subsection (c) of K.S.A. 75-3711c and amendments thereto: Provided further, That, prior to the approval by the state finance council of any such expenditure from the agency operations account of the state highway fund, the results of the business process reengineering and system requirements definition phase shall be reviewed by the joint committee on computers and telecommunications.''; And by relettering subsections accordingly; On page 128, in line 9, by striking ``3,227.5'' and inserting in lieu thereof ``3,139.3''; in line 18, by striking ``1998'' and inserting in lieu thereof ``1997''; also in line 18, after ``agency'' by inserting the following: ``to the division of the budget and to the legislative research department''; in line 19, after the comma, by inserting the following: ``or any amendments or revisions thereto submitted to the division of the budget and to the legislative research department prior to July 1, 1997,''; in line 28, before the comma, by inserting the following: ``, less all unexpended amounts of savings from fiscal years prior to fiscal year 1997''; in line 36, before the period, by inserting the following: ``: And provided further, That, for purposes 430 JOURNAL OF THE HOUSE of expenditures under the Kansas savings incentive program during fiscal year 1999, the department of transportation shall submit amendments or revisions to budget estimates for fiscal year 1998, to the division of the budget and to the legislative research department prior to the 1998 regular session of the legislature, that specify anticipated amounts of savings from amounts budgeted for fiscal year 1998 and set forth the anticipated expenditures from such amounts of savings during fiscal year 1999 under the Kansas savings incentive program''; in line 42, after the comma, by inserting the following: ``less all unexpended amounts of savings from fiscal years prior to fiscal year 1997, as determined by the director of accounts and reports,''; On page 129, in line 7, after the period, by inserting the following: ``On July 1, 1997, the director of accounts and reports shall transfer all moneys in each such Kansas savings incentive account which are unexpended amounts of savings from fiscal years prior to fiscal year 1997, as determined by the director of accounts and reports, from such Kansas savings incentive accounts back to the account or accounts from which such amounts were transferred for purposes of the Kansas quality program pursuant to section 125 of chapter 191 of the 1996 Session Laws of Kansas.''; in line 23, by striking ``1998'' and inserting in lieu thereof ``1997''; in line 24, after ``agency'' by inserting the following: ``to the division of the budget and to the legislative research department''; in line 25, before ``and'' by inserting the following: ``or any amendments or revisions thereto submitted to the division of the budget and to the legislative research department prior to July 1, 1997,''; in line 32, before the comma, by inserting the following: ``, less all unexpended amounts of savings from fiscal years prior to fiscal year 1997''; On page 130, in line 5, by striking ``1998'' and inserting in lieu thereof ``1997''; in line 6, after ``agency'' by inserting the following: ``to the division of the budget and to the legislative research department''; in line 7, after the comma, by inserting the following: ``or any amendments or revisions thereto submitted to the division of the budget and to the legislative research department prior to July 1, 1997,''; in line 14, before the comma, by inserting the following: ``, less all unexpended amounts of savings from fiscal years prior to fiscal year 1997''; in line 16, before ``as'' by inserting the following: ``shall not exceed the amount equal to 50% of the unexpended portion of the amount budgeted to be expended from such fund for fiscal year 1997 for state operations,''; in line 31, after the comma, by inserting the following: ``less all unexpended amounts of savings from fiscal years prior to fiscal year 1997, as determined by the director of accounts and reports,''; in line 39, after the comma, by inserting the following: ``less all unexpended amounts of savings from fiscal years prior to fiscal year 1997, as determined by the director of accounts and reports,''; On page 131, in line 6, after the period, by inserting the following: ``On July 1, 1997, the director of accounts and reports shall transfer all moneys in each such Kansas savings incentive account which are unexpended amounts of savings from fiscal years prior to fiscal year 1997, as determined by the director of accounts and reports, from such Kansas savings incentive account back to the account or accounts from which such amounts were transferred for the purposes of the Kansas quality program pursuant to section 146 of chapter 191 of the 1996 Session Laws of Kansas. (4) For purposes of expenditures under the Kansas savings incentive program during fiscal year 1999, each state agency shall submit, to the division of the budget and to the legislative research department prior to the 1998 regular session of the legislature, amendments or revisions to budget estimates for fiscal year 1998 that specify the anticipated amounts of savings from amounts budgeted for fiscal year 1998 and set forth the anticipated expenditures to be made during fiscal year 1999 from such amounts of savings under the Kansas savings incentive program.''; On page 132, in line 6, after ``thereto'' by inserting the following: ``, pursuant to certifications by the post auditor in accordance with such statute,''; in line 25, by striking ``102.5%'' and inserting in lieu thereof ``101.5%''; On page 133, in line 12, by striking ``102.5%'' and inserting in lieu thereof ``101.5%''; in line 29, by striking ``102.5%'' and inserting in lieu thereof ``101.5%''; On page 134, in line 1, by striking ``102.5%'' and inserting in lieu thereof ``101.5%''; and the bill be passed as amended. March 17, 1997 431 The Committee on Appropriations recommends HB 2272 be amended on page 2, by striking all in lines 10 through 15; And by renumbering sections accordingly; On page 3, in line 8, by striking ``$1,619,178'' and inserting in lieu thereof ``$1,637,813''; by striking all in line 43; On page 4, by striking all in lines 1, 2 and 3; in line 4, by striking ``(b)'' and inserting in lieu thereof ``(a)''; by striking all in lines 15, 16 and 17; And by relettering subsections accordingly; Also on page 4, in line 39, by striking ``$11,665,781'' and inserting in lieu thereof ``$11,605,058''; by striking all in lines 40 through 43; On page 5, by striking all in line 1 and inserting in lieu thereof the following: ``(b) On the effective date of this act, the position limitation established by section 59(c) of chapter 272 of the 1996 Session Laws of Kansas for the above agency is hereby decreased from 213.0 to 212.0. (c) On the effective date of this act, the expenditure limitation established by section 59(a) of chapter 272 of the 1996 Session Laws of Kansas on the abandoned oil and gas well fund is hereby increased from $1,200,000 to No limit.``; Also on page 5, in line 22, by striking ``increased'' and inserting in lieu thereof ``decreased''; in line 23, by striking ``$28,867,837'' and inserting in lieu thereof ``$28,367,837''; in line 29, by striking ``$5,884,149'' and inserting in lieu thereof ``$5,865,160''; in line 37, by striking all before ``for'' and inserting in lieu thereof ``insurance department service regulation fund''; in line 39, by striking all after ``the'' where it appears for the first time and inserting in lieu thereof ``insurance department service regulation fund''; On page 6, by striking all in lines 16 through 21; And by renumbering sections accordingly; Also on page 6, in line 26, by striking ``$3,848,608'' and inserting in lieu thereof ``$3,828,608''; in line 30, by striking ``$16,143,555'' and inserting in lieu thereof ``$7,143,555''; On page 9, after line 15, by inserting the following: ``(q) 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: Temporary assistance to needy families federal fund............... No limit Provided, That expenditures may be made from the temporary assistance to needy families federal fund for computer systems related to welfare reform: Provided, however, That no expenditures shall be made from this fund for such computer systems unless the plans for such computer systems have been reviewed by the joint committee on computers and telecommunications.''; Also on page 9, after line 21, by inserting the following: ``(b) On the effective date of this act, the expenditure limitation established by section 89(b) of chapter 191 of the 1996 Session Laws of Kansas on the occupational health and safety--federal fund is hereby increased from $365,976 to $388,776. (c) On the effective date of this act, the expenditure limitation established by section 48(b) of chapter 272 of the 1996 Session Laws of Kansas on the one stop career center system fund is hereby decreased from $500,000 to $70,000. (d) On the effective date of this act, the director of accounts and reports shall transfer $430,000 from the one stop career center system fund of the department of human resources to the economic development endowment account of the state economic development initiatives fund.''; Also on page 9, in line 32, by striking ``No limit'' and inserting in lieu thereof ``$17,428''; by striking all in line 33 and inserting in lieu thereof the following: ``Federal NICE3 public utility grant fund...................... No limit''; Also on page 9, in line 34, by striking ``No limit'' and inserting in lieu thereof ``$211,442''; On page 10, by striking all in lines 3 through 6 and inserting in lieu thereof the following: 432 JOURNAL OF THE HOUSE ``(f) On the effective date of this act, the expenditure limitation established by section 91(b) of chapter 191 of the 1996 Session Laws of Kansas on the national center for health statistics fund--federal is hereby increased from $192,406 to $238,406.''; Also on page 10, by striking all in lines 15 through 18 and inserting in lieu thereof the following: ``(i) On the effective date of this act, the expenditure limitation established by section 91(b) of chapter 191 of the 1996 Session Laws of Kansas on the state operations account of the disease prevention and health promotion federal grants fund is hereby increased from $1,458,192 to $1,591,192.''; Also on page 10, in line 29, by striking the comma after ``infants''; by striking all in lines 31 through 34 and inserting in lieu thereof the following: ``(m) On the effective date of this act, the expenditure limitation established by section 91(b) of chapter 191 of the 1996 Session Laws of Kansas on the state operations account of the federal women, infants and children health program fund is hereby increased from $2,410,102 to $2,427,869.''; Also on page 10, in line 38, by striking ``$1,063,694'' and inserting in lieu thereof ``$1,054,674''; On page 11, by striking all in lines 4 through 7 and inserting in lieu thereof the following: ``(q) On the effective date of this act, the expenditure limitation established by section 91(b) of chapter 191 of the 1996 Session Laws of Kansas on the state operations account of the maternal and child health services block grant fund is hereby increased from $2,722,392 to $2,934,208.''; Also on page 11, in line 13, by striking all after ``by'' and inserting in lieu thereof ``the state finance council''; in line 14, by striking ``$930,102'' and inserting in lieu thereof ``$1,030,102''; in line 18, by striking ``expenditures for salaries and wages from'' and inserting in lieu thereof ``the salaries and wages account of''; after line 23, by inserting the following: ``(v) On the effective date of this act, the expenditure limitation established by section 91(b) of chapter 191 of the 1996 Session Laws of Kansas on the mined-land conservation and reclamation fee fund is hereby increased from $98,451 to $98,453. (w) On the effective date of this act, the position limitation established by section 57(q) of chapter 272 of the 1996 Session Laws of Kansas for the above agency is hereby decreased from 806.6 to 799.6. (x) On the effective date of this act, the expenditure limitation established by the state finance council on the public water supply loan fund is hereby decreased from $90,481 to $0.''; Also on page 11, after line 28, by inserting the following: ``(b) In addition to the other purposes for which expenditures may be made by the above agency from the operating expenditures (including official hospitality) account of the state general fund for the fiscal year ending June 30, 1997, as authorized by section 119(a) of chapter 191 of the 1996 Session Laws of Kansas, expenditures of not more than $100,000 shall be made for fiscal year 1997 for acquisition of computer software, staff training and associated services for the purposes of reformatting the financial accounting systems and data of 15 to 25 school districts, pursuant to competitive bids. (c) On the effective date of this act, the expenditure limitation established by section 46(c) of chapter 272 of the 1996 Session Laws of Kansas on the tuition and fee waiver reimbursement fund is hereby increased from $0 to $1,906. (d) On the effective date of this act, the director of accounts and reports shall transfer $1,906 from the state general fund to the tuition and fee waiver reimbursement fund of the department of education.''; Also on page 11, by striking all in lines 36 through 38 and inserting in lieu thereof the following: ``(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: March 17, 1997 433 Property sale proceeds fund....................................... No limit Provided, That proceeds from the sale of property pursuant to K.S.A. 75-2701 and amendments thereto shall be deposited in the state treasury and credited to the property sale proceeds fund. (b) On the effective date of this act, the expenditure limitation established by section 130(b) of chapter 191 of the 1996 Session Laws of Kansas on the state operations account of the heritage trust fund is hereby increased from $70,703 to $82,851.''; Also on page 11, in line 43, by striking ``$26,604'' and inserting in lieu thereof ``$26,605''; On page 12, in line 4, by striking ``$26,604'' and inserting in lieu thereof ``$26,605''; after line 14, by inserting the following: ``(a) There is appropriated for the above agency from the state general fund the following: Operating expenditures (including official hospitality)......... $65,675''; And by relettering subsections accordingly; Also on page 12, by striking all in lines 19 through 30; by striking all in lines 40 through 43; On page 13, by striking all in lines 1 through 8; by striking all in lines 28 through 39; On page 14, in line 5, by striking ``$37,179,715'' and inserting in lieu thereof ``$38,047,596''; by striking all in lines 6 through 17; in line 30, by striking ``$1,233,514'' and inserting in lieu thereof ``$1,090,325''; in line 34, by striking ``$68,515,865'' and inserting in lieu thereof ``$68,659,054''; On page 15, by striking all in lines 10 through 21; by striking all in lines 41 through 43; On page 16, by striking all in lines 1 through 9; by striking all in lines 12 through 23 and inserting in lieu thereof the following: ``(a) There is appropriated for the above agency from the state general fund the following: Operating expenditures (including official hospitality)........... $375,615 (b) On the effective date of this act, the expenditure limitation established by section 16(d) of chapter 272 of the 1996 Session Laws of Kansas on the general fees fund is hereby decreased from $24,122,481 to $23,746,866.''; On page 17, in line 12, by striking ``$59,782'' and inserting in lieu thereof ``$107,282''; after line 12, by inserting the following: ``Treatment and programs........................................ $51,000''; Also on page 17, by striking all in line 18; On page 18, in line 6, by striking ``$157,448'' and inserting in lieu thereof ``$74,079''; On page 19, by striking all in lines 2 through 7 and inserting in lieu thereof the following: ``State fair encampment building PMIB loan fund................... No limit Provided, That the pooled money investment board is hereby authorized and directed to loan to the state fair board a principal amount of not more than $95,000 for the purpose of funding the capital improvement project for the renovation of the state fair encampment building: Provided further, That all moneys received from such loan shall be credited to the state fair encampment building PMIB loan fund: And provided further, That the pooled money investment board is authorized and directed to use any moneys invested in the pooled money investment portfolio for such loan: And provided further, That the loan shall bear interest at a rate equal to the net earnings rate of the pooled money investment portfolio: And provided further, That such loan shall be exempt from interest from the date of the loan issuance until the date two years after the date of the loan issuance: And provided further, That all other terms of the loan shall be governed by a loan agreement that is hereby authorized to be entered into by the state fair board with the pooled money investment board: And provided further, That the loan shall not be deemed an indebtedness or debt of the state of Kansas within the meaning of section 6 of article 11 of the constitution of the state of Kansas.''; Also on page 19, in line 22, after ``commission'' by inserting ``emergency''; in line 23, by striking ``$2,441,607 to $2,141,607'' and inserting in lieu thereof ``$300,000 to $0''; 434 JOURNAL OF THE HOUSE On page 20, in line 6, by striking ``1998'' and inserting in lieu thereof ``1997''; in line 8, by striking ``1998'' and inserting in lieu thereof ``1997''; in line 14, by striking ``$10,214,168'' and inserting in lieu thereof ``$10,214,668''; after line 14, by inserting the following: ``(c) On the effective date of this act, the director of accounts and reports shall transfer $258,901 from the water plan special revenue fund of the state conservation commission to the state water plan fund of the Kansas water office. (d) On the effective date of this act, the expenditure limitation established by section 142(c) of chapter 191 of the 1996 Session Laws of Kansas on conservation district aid is hereby increased from $1,008,892 to $1,009,392. Sec. 53. KANSAS COMMISSION ON VETERANS AFFAIRS (a) There is appropriated for the above agency from the state general fund the following: Operating expenditures--Kansas soldiers' home...................... $20,000 Sec. 54. ADJUTANT GENERAL (a) There is appropriated for the above agency from the state general fund the following: Operating expenditures............................................. $30,000 Sec. 55. OMBUDSMAN OF CORRECTIONS (a) There is appropriated for the above agency from the state general fund the following: Adult corrections oversight......................................... $6,000 Sec. 56. KANSAS LOTTERY (a) On the effective date of this act, the expenditure limitation established by section 109(a) of chapter 191 of the 1996 Session Laws of Kansas on expenditures for any new computer system from the lottery operating fund is hereby decreased from $500,000 to $0. Sec. 57. KANSAS TECHNOLOGY ENTERPRISE CORPORATION (a) On the effective date of this act, the expenditure limitation established by section 50(a) of chapter 272 of the 1996 Session Laws of Kansas on the economic development research and development fund is hereby decreased from $13,333,322 to $13,241,322. (b) No moneys appropriated for the fiscal year ending June 30, 1997, by any appropriation act of the 1996 regular session of the legislature or by this or other appropriation act of the 1997 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.''; And by renumbering sections accordingly; On page 1, in the title, in line 11, by striking ``Kansas state board of cosmetology,''; in line 17, by striking ``secretary of state,''; in line 19, by striking ``attorney general,''; in line 31, by striking ``and'' where it appears for the last time and inserting in lieu thereof a comma; in line 32, before the semicolon, by inserting: ``, Kansas commission on veterans affairs, adjutant general, ombudsman of corrections, Kansas lottery and Kansas technology enterprise corporation''; and the bill be passed as amended. The Committee on Business, Commerce and Labor recommends SB 175 be passed. The Committe on Business, Commerce and Labor recommends SB 136 be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. The Committee on Business, Commerce and Labor recommends HB 2155 be amended on page 1, by striking all in lines 40 through 43; On page 2, by striking all in lines 1 and 2 and inserting ``No person shall be terminated solely due to positive results of a test administered as a part of a program authorized by this section if: (1) The employee has not previously had a valid positive test result; and (2) the employee undergoes a drug evaluation and successfully completes any education or March 17, 1997 435 treatment program recommended as a result of the evaluation. Nothing herein shall be construed as prohibiting demotions, suspensions or terminations pursuant to K.S.A. 752949e or 75-2949f, and amendments thereto.''; On page 2, in line 3, by striking all after ``(d)''; in line 4, by striking all before ``results'' and inserting ``The''; and the bill be passed as amended. The Committee on Governmental Organization and Elections recommends SB 33, as amended by Senate Committee, be amended on page 2, in line 13, by striking ``deemed to mean'' and inserting ``fulfilled by''; and the bill be passed as amended. The Committee on Governmental Organization and Elections recommends SB 133 be amended on page 5, following line 4, by inserting: ``Sec. 2. K.S.A. 12-749 is hereby amended to read as follows: 12-749. (a) Following adoption of a comprehensive plan, a city planning commission may adopt and amend regulations governing the subdivision of land. A city planning commission shall apply subdivision regulations to all land located within the city and may apply such regulations to land outside of but within three miles of the nearest point of the city limits provided such land is within the same county in which the city is located and does not extend more than 1/2 the distance between such city and another city which has adopted regulations under this section. A county planning commission may establish subdivision regulations for all or for parts of the unincorporated areas of the county. (b) Subdivision regulations may include, but not be limited to, provisions for the: (1) Efficient and orderly location of streets; (2) reduction of vehicular congestion; (3) reservation or dedication of land for open spaces; (4) off-site and on-site public improvements; (5) recreational facilities which may include, but are not limited to, the dedication of land area for park purposes; (6) flood protection; (7) building lines; (8) compatibility of design; and (9) stormwater runoff, including consideration of historic and anticipated 100-year rain and snowfall precipitation records and patterns; and (10) any other services, facilities and improvements deemed appropriate. (b) (c) Subdivision regulations may provide for administrative changes to land elevations designated on a plat. Such regulations may provide for plat approval conditional upon conformance with the comprehensive plan. Such regulations may provide for the payment of a fee in lieu of dedication of land. Such regulations may provide that in lieu of the completion of any work or improvements prior to the final approval of the plat, the governing body may accept a corporate surety bond, cashier's check, escrow account, letter of credit or other like security in an amount to be fixed by the governing body and conditioned upon the actual completion of such work or improvements within a specified period, in accordance with such regulations, and the governing body may enforce such bond by all equitable remedies. (c) (d) Before adopting or amending any subdivision regulations, the planning commis sion shall call and hold a hearing on such regulations or amendments thereto. Notice of such hearing shall be published at least once in the official city newspaper in the case of a city or in the official county newspaper in the case of a county. Such notice shall be published at least 20 days prior to the hearing. Such notice shall fix the time and place for such hearing and shall describe such proposal in general terms. In the case of a joint committee on subdivision regulations, such notice shall be published in the official city and official county newspapers. The hearing may be adjourned from time to time and at the conclusion of the same, the planning commission shall prepare its recommendations and by an affirmative vote of a majority of the entire membership of the commission adopt the same in the form of proposed subdivision regulations and shall submit the same, together with the written summary of the hearing thereon, to the governing body. The governing body either may: (1) Approve such recommendations by ordinance in a city or resolution in a county; (2) override the planning commission's recommendations by a 2/3 majority vote; or (3) may return the same to the planning commission for further consideration, together with a state ment specifying the basis for the governing body's failure to approve or disapprove. If the governing body returns the planning commission's recommendations, the planning com mission, after considering the same, may resubmit its original recommendations giving the reasons therefor or submit new and amended recommendations. Upon the receipt of such recommendations, the governing body, by a simple majority thereof, may adopt or may 436 JOURNAL OF THE HOUSE revise or amend and adopt such recommendations by the respective ordinance or resolution, or it need take no further action thereon. If the planning commission fails to deliver its recommendations to the governing body following the planning commission's next regular meeting after receipt of the governing body's report, the governing body shall consider such course of inaction on the part of the planning commission as a resubmission of the original recommendations and proceed accordingly. The proposed subdivision regulations and any amendments thereto shall become effective upon publication of the respective adopting ordinance or resolution. (d) The provisions of this section shall become effective on and after January 1, 1992.''; By renumbering sections accordingly; Also on page 5, in line 5, by striking ``19-2958 is'' and inserting ``12-749 and 19-2958 are''; In the title, by striking all in lines 9 and 10 and inserting: ``AN ACT concerning cities and counties; relating to planning and zoning; amending K.S.A. 12-749 and 19-2958 and repealing the existing sections.''; and the bill be passed as amended. The Committee on Tourism recommends SB 166, as amended by Senate Committee, be amended on page 1, in line 15, by striking ``Lodging establishment'' and inserting ``Hotel''; in line 18, by striking ``lodging establishment'' and inserting ``hotel''; in line 28, by striking ``lodging establishment'' and inserting ``hotel''; in line 30, by striking ``lodging establishment'' and inserting ``hotel''; in line 34, after ``minor'' by inserting ``or a representative of the entity responsible for payment of the accommodation''; in line 35, by striking ``lodging''; in line 36, by striking ``establishment'' and inserting ``hotel''; in line 37, by striking ``lodging establishment'' and inserting ``hotel''; On page 2, in line 1, by striking ``lodging establishment'' and inserting ``hotel''; in line 7, by striking ``lodging establishment'' and inserting ``hotel''; in line 10, by striking ``lodging establishment'' and inserting ``hotel''; in line 13, by striking ``lodging establishment'' and inserting ``hotel''; in line 16, by striking ``lodging establishment'' and inserting ``hotel''; in line 22, by striking ``lodging establishment'' and inserting ``hotel''; in line 24, by striking ``lodging establishment'' and inserting ``hotel''; in line 25, by striking ``lodging establish-''; in line 26, by striking ``ment'' and inserting ``hotel''; in line 28, by striking ``lodging establishment'' and inserting ``hotel''; in line 32, by striking ``lodging establishment'' and inserting ``hotel''; in line 39, by striking ``lodging establishment'' and inserting ``hotel''; in line 42, by striking ``lodging establishment'' and inserting ``hotel''; On page 3, in line 1, by striking ``lodging establishment'' and inserting ``hotel''; in line 7, by striking ``lodging establishment'' and inserting ``hotel''; in line 8, by striking ``lodging establishment'' and inserting ``hotel''; in line 9, by striking ``lodging establishment'' and inserting ``hotel''; in line 13, by striking ``may secure'' and inserting ``is granted a lien on any''; in line 15, by striking ``lodging establishment'' and inserting ``hotel''; in line 19, by striking ``lodging estab-''; in line 20, by striking ``lishment'' and inserting ``hotel''; in line 21, by striking all after ``7.''; by striking all in line 22; in line 23, by striking ``Sec. 8.''; On page 1, in the title, in line 10, by striking ``lodging establishments'' and inserting ``hotels''; and the bill be passed as amended. The Committee on Utilities recommends SB 333, as amended by Senate Committee, be amended on page 1, in line 16, before ``Whenever'' by inserting ``(a)''; in line 24, by striking ``, begin-''; by striking all of line 25; in line 26, by striking all before ``against''; in line 29, before ``The'', by inserting ``Such expenses shall be assessed beginning on the date that the proceeding is filed or beginning three business days after the commission gives the public utility or common carrier notice of the assessment by United States mail, whichever is later.''; On page 2, in line 21, before `` 3/5'', by inserting ``the following: (1) For a public utility or common carrier that derives no operating revenues from intrastate operations, actual expenses, including direct and indirect expenses incurred by the commission or the commission's staff or by the citizens' utility ratepayer board; and (2) for any other public utility or common carrier,''; after line 35, by inserting: ``(b) The commission, in accordance with the procedures prescribed by subsection (a), may assess against an entity that is not subject to assessment pursuant to subsection (a) March 17, 1997 437 actual expenses of any services extended, filings processed or actions certified by the commission for the entity.''; Sec. 2. K.S.A. 66-1503 is hereby amended to read as follows: 66-1503. (a) (1) The state corporation commission shall determine within 15 days after each quarter-year for each such quarter-year, the total amount of its expenditures during such period of time and the total amount of expenditures of the citizens' utility ratepayer board during such period of time. The total amount shall include the salaries of members and employees and all other lawful expenditures of the commission and the board, including all expenditures in connection with investigations or appraisals made under the provisions of K.S.A. 66-1502, and amendments thereto, except that there shall not be included in such total amount of expenditures for the purpose of this section the expenditures during such period of time which are otherwise provided for by fees and assessments made under other existing laws for the regulation of motor carriers or for administering the oil proration and the oil and gas conservation laws. (2) From the amount determined under paragraph (1) of this subsection, the commission shall deduct (A) all amounts collected under K.S.A. 66-1502, and amendments thereto, during such period of time and (B) the amounts of all fees collected during such period of time under the provisions of subsection (b)(1) of K.S.A. 66-1a01, and amendments thereto. (3) To the remainder after making the deductions under paragraph (2) of this subsection, the commission shall add such amount as in its judgment may be required to satisfy any deficiency in the prior assessment period's assessment and to provide for anticipated increases in necessary expenditures for the current assessment period. (b) The amount determined under subsection (a) shall be assessed by the commission against the several all public utilities and common carriers subject to the jurisdiction of the commission in proportion to their respective and shall not exceed, during any fiscal year, the greater of $400 or 0.2% of the respective utility's or common carrier's gross operating revenues derived from intrastate operation as reflected in the last annual report filed with the commission pursuant to K.S.A. 66-123, and amendments thereto, prior to the beginning of the commission's fiscal year, except that the assessment during any fiscal year shall not exceed .2% of such gross operating revenues or made available to the commission upon request. Such assessment shall be paid to the commission within 15 days after the notice of assessment has been mailed to such public utilities and common carriers, which notice of assessment shall constitute demand of payment thereof. (c) The commission shall remit all moneys received by or for it for the assessment imposed under this section to the state treasurer at least monthly. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount thereof in the state treasury. Twenty percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the public service regulation fund. Sec. 3. K.S.A. 1996 Supp. 66-118b is hereby amended to read as follows: 66-118b. No cause of action arising out of any order or decision of the commission shall accrue in any court to any party unless such party shall petition for reconsideration in accordance with the provisions of K.S.A. 77-529 and amendments thereto, except that the commission shall have 30 days to issue an order on reconsideration. No party shall, in any court, urge or rely upon any ground not set forth in the petition. An order made after reconsideration, abrogating, changing or modifying the original order or decision, shall have the same force and effect as an original order or decision, including the obligation to file a petition for reconsideration, as provided in this section, as a condition precedent to filing an action for review thereof. The time for filing an appeal of any order or decision in a proceeding shall run from the date that all petitions for reconsideration in such proceeding have been denied or such petitions for reconsideration are deemed denied pursuant to subsection (b) of K.S.A. 77-529 and amendments thereto. Sec. 4. K.S.A. 1996 Supp. 77-529 is hereby amended to read as follows: 77-529. (a) Any party, within 15 days after service of a final order, may file a petition for reconsideration with the agency head, stating the specific grounds upon which relief is requested. The filing of the petition is not a prerequisite for seeking administrative or judicial review except as provided in K.S.A. 44-1010 and 44-1115, and amendments thereto, concerning orders of 438 JOURNAL OF THE HOUSE the Kansas human rights commission, K.S.A. 55-606 and 66-118b, and amendments thereto, concerning orders of the corporation commission and K.S.A. 74-2426, and amendments thereto, concerning orders of the board of tax appeals. (b) Within 20 days after the filing of the petition, the agency head shall render a written order denying the petition, granting the petition and dissolving or modifying the final order, or granting the petition and setting the matter for further proceedings. The petition may be granted, in whole or in part, only if the agency head states, in the written order, findings of fact, conclusions of law and policy reasons for the decision if it is an exercise of the state agency's discretion, to justify the order. In proceedings before the Kansas corporation commission, the petition is deemed to have been denied if the agency head does not dispose of it within 20 30 days after the filing of the petition. An order under this section shall be served on the parties in the manner prescribed by K.S.A. 77-531 and amendments thereto. (c) Any order rendered upon reconsideration or any order denying a petition for reconsideration shall state the agency officer to receive service of a petition for judicial review on behalf of the agency. (d) For the purposes of this section, ``agency head'' shall include a presiding officer designated in accordance with subsection (g) of K.S.A. 77-514, and amendments thereto.``; Also on page 2, by renumbering the remaining sections accordingly; in line 36, by striking ``is'' and inserting ``and 66-1503 and K.S.A. 1996 Supp. 66-118b and 77-529 are''; In the title, in line 10, after ``concerning'', by inserting ``the state corporation commission; relating to''; in line 11, before ``amending'', by inserting ``concerning time to issue certain orders;''; also in line 11, before ``and'', by inserting ``and 66-1503 and K.S.A. 1996 Supp. 66118b and 77-529''; in line 12, by striking ``section'' and inserting ``sections''; and the bill be passed as amended. COMMITTEE ASSIGNMENTS Speaker Shallenburger announced the appointment of Rep. Dahl to Joint Committee on Special Claims Against the State. Also, the appointment of Rep. Shultz to Joint Committee on Pensions, Investments and Benefits. REPORT ON ENGROSSED BILLS HB 2484 reported correctly engrossed March 14, 1997. READING AND CORRECTION OF THE JOURNAL In the Journal, on page 412, under Committee Assignment Changes, the last two paragraphs should read as follows: Rep. Reardon is appointed temporarily to replace Rep. Shriver on Committee on Taxation. Rep. Sawyer is appointed temporarily to replace Rep. Shriver on Committee on Judiciary and Committee on Tourism. On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Tuesday, March 18, 1997. CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+