J o u r n a l o f t h e S e n a t e SIXTY-THIRD DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Thursday, May 1, 1997--10:00 a.m. The Senate was called to order by President Dick Bond. The roll was called with forty senators present. Invocation by Chaplain Fred S. Hollomon: Heavenly Father, We all admire those persons Who rise above the crowd, Whose accomplishments the media Sing praises long and loud. They come from entertainment, Medicine, law, and sports, Business, labor, politics, With superlative reports. Cynics rebel at excellence, They admire the seamy side. They exalt the human failings, In sins they take their pride. They rejoice because they're human, To them I am replying. ``It's no effort to be human, We're human without trying.'' Give us genuine heroes, Lord, Men and women who excel Not only in their chosen field, But in personal life as well. People who have mastered The skills to reach their goals, But also learned to keep Their appetites in control. What would we profit, You have said In words both clear and bold, If the whole world we should gain, And in the process lose our soul? I pray in Jesus' Name, Amen REFERRAL OF APPOINTMENTS The following appointments made by the Governor and submitted to the senate for con firmation, were referred to Committees as indicated: 688 JOURNAL OF THE SENATE Kansas Department of Health and Environment, Gary R. Mitchell, effective upon the date of confirmation by the Senate to serve at the pleasure of the Governor. (Public Health and Welfare) Kansas, Inc., Janet C. Gardner, effective upon the date of confirmation by the Senate to serve a four-year term ending January 15, 2001. (Confirmations Oversight) KPERS Board of Trustees, Vern R. Chesbro, effective upon the date of confirmation by the Senate, reappointed to fulfill an unexpired term ending January 15, 1999. (Ways and Means) MESSAGE FROM THE HOUSE Announcing passage of HB 2576. Also, SB 363, as amended by House Substitute for SB 363. INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS HB 2576 was thereupon introduced and read by title. REFERENCE OF HOUSE BILLS The President referred HB 2576 to the Committee on Ways and Means. REPORTS OF STANDING COMMITTEES Committee on Ways and Means recommends SENATE Substitute for HB 2576 be amended by substituting a new bill to be designated as ``SENATE Substitute for HOUSE BILL No. 2576,'' as follows: ``SENATE Substitute for HOUSE BILL No. 2576 By Committee on Ways and Means ``AN ACT making and concerning appropriations for the fiscal years ending June 30, 1997, June 30, 1998, and June 30, 1999; authorizing certain transfers and fees, imposing certain restrictions and limitations and directing or authorizing certain receipts, disbursements, capital improvements and acts incidental to the foregoing; amending section 106 of 1997 Senate Substitute for House Bill No. 2160 and repealing the existing section; also re pealing sections 87, 88, 89, 90 and 91 of 1997 Senate Substitute for House Bill No. 2160.''; and the substitute bill be passed. REPORT ON ENGROSSED BILLS Sub. SB 317 reported correctly re-engrossed May 1, 1997. REPORT ON ENROLLED BILLS the Senate on May 1, 1997. CHANGE OF REFERENCE SR 1859 reported correctly enrolled, properly signed and presented to the Secretary of The President withdrew Sub. HB 2059; HB 2313 from the Committee on Judiciary, and referred the bills to the Committee on Ways and Means. The President withdrew Sub. HB 2059; HB 2313 from the Committee on Ways and Means, and rereferred the bills to the Committee on Judiciary. On motion of Senator Emert, the Senate recessed until 11:30 a.m. Afternoon Session The Senate met pursuant to recess with President Bond in the chair. MESSAGE FROM THE HOUSE Announcing passage of HB 2579, 2580, 2581. INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS HB 2579, 2580, 2581 were thereupon introduced and read by title. May 1, 1997 689 ORIGINAL MOTION Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House of Representatives be suspended for the purpose of considering the following bill: H. Sub. for SB 363. CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR On motion of Senator Emert the Senate nonconcurred in the House amendments to H. Sub. for SB 363 and requested a conference committee be appointed. The President appointed Senators Emert, Schraad and Goodwin as a conference com mittee on the part of the Senate. REPORTS OF STANDING COMMITTEES Committee on Judiciary recommends House Substitute for HB 2059 be amended: On page 1, in lines 15, 16 and 17, by striking ``party'' and inserting ``person''; and the substitute bill be passed as amended. Also HB 2313, as amended by House Committee of the Whole, be amended: On page 1, by striking all in lines 14 through 43; By striking all on pages 2 through 9; On page 10, by striking all in lines 1 through 3; And by renumbering sections accordingly; On page 12, in line 15, by striking ``22-3717 and''; also in line 15, by striking ``are'' and inserting ``is''; On page 1, in the title, in line 10, by striking ``22-''; in line 11, by striking ``3717 and''; also in line 11, by striking ``sections'' and inserting ``section''; and the bill be passed as amended. Committee on Ways and Means begs leave to submit the following report: The following appointments were referred to and considered by the committee and your committee recommends that the Senate approve and consent to such appointments: By the Governor: Kansas Public Employees Retirement System, Board of Trustees: K.S.A. 74-4905 Regenia Moore-Lee, term expires January 15, 2001 Vern R. Chesbro, term expires January 15, 1999 FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority, and S. Sub. for HB 2576 was advanced to Final Action, subject to amendment, debate and roll call. S. Sub. for HB 2576, An act making and concerning appropriations for the fiscal years ending June 30, 1997, June 30, 1998, and June 30, 1999; authorizing certain transfers and fees, imposing certain restrictions and limitations and directing or authorizing certain re ceipts, disbursements, capital improvements and acts incidental to the foregoing; revising the definition of local effort for school finance purposes; amending K.S.A. 72-6417 and K.S.A. 1996 Supp. 72-6410, as amended by section 2 of 1997 House Bill No. 2031, and section 106 of 1997 Senate Substitute for House Bill No. 2160 and repealing the existing sections; also repealing sections 87, 88, 89, 90 and 91 of 1997 Senate Substitute for House Bill No. 2160, as amended by adoption of the committee report recommending a senate substitute bill was considered on final action. S. Sub. for HB 2576 was amended by motion of Senator Oleen on page 69, following line 17, by inserting three new sections as follows: ``Sec. 64. On July 1, 1997, K.S.A. 1996 Supp. 72-6410, as amended by section 2 of 1997 House Bill No. 2031, shall be and is hereby amended to read as follows: 72-6410. (a) ``State financial aid'' means an amount equal to the product obtained by multiplying base state aid per pupil by the adjusted enrollment of a district. (b) ``Base state aid per pupil'' means an amount of state financial aid per pupil. Subject to the other provisions of this subsection, the amount of base state aid per pupil is $3,670. The amount of base state aid per pupil is subject to reduction commensurate with any reduction under K.S.A. 1996 Supp. 75-6704, and amendments thereto, in the amount of 690 JOURNAL OF THE SENATE the appropriation from the state general fund for general state aid. If the amount of appro priations for general state aid is insufficient to pay in full the amount each district is entitled to receive for any school year, the amount of base state aid per pupil for such school year is subject to reduction commensurate with the amount of the insufficiency. (c) ``Local effort'' means the sum of an amount equal to the proceeds from the tax levied under authority of K.S.A. 72-6431, and amendments thereto, and an amount equal to any unexpended and unencumbered balance remaining in the general fund of the district, except amounts received by the district and authorized to be expended for the purposes specified in K.S.A. 72-6430, and amendments thereto, and an amount equal to any unexpended and unencumbered balances remaining in the program weighted funds of the district, except any amount in the vocational education fund of the district if the district is operating an area vocational school, and an amount equal to any remaining proceeds from taxes levied under authority of K.S.A. 72-7056 and 72-7072, and amendments thereto, prior to the repeal of such statutory sections, and an amount equal to the amount deposited in the general fund in the current school year from amounts received in such year by the district under the provisions of subsection (a) of K.S.A. 72-1046a, and amendments thereto, and an amount equal to the amount deposited in the general fund in the current school year from amounts received in such year by the district pursuant to contracts made and entered into under authority of K.S.A. 72-6757, and amendments thereto, and an amount equal to the amount credited to the general fund in the current school year from amounts distributed in such year to the district under the provisions of articles 17 and 34 of chapter 12 of Kansas Statutes Annotated and under the provisions of articles 42 and 51 of chapter 79 of Kansas Statutes Annotated, and (1) for districts other than the district created by K.S.A. 72-5333a, and amendments thereto, an amount equal to 75% of the federal impact aid of a district and (2) for the district created by K.S.A. 72-5333a, and amendments thereto, an amount equal to the federal impact aid of the district. (d) ``Federal impact aid'' means an amount equal to the federally qualified percentage of the amount of moneys a district receives in the current school year under the provisions of title I of public law 874 and congressional appropriations therefor, excluding amounts received for assistance in cases of major disaster and amounts received under the low-rent housing program. The amount of federal impact aid defined herein as an amount equal to the federally qualified percentage of the amount of moneys provided for the district under title I of public law 874 shall be determined by the state board in accordance with terms and conditions imposed under the provisions of the public law and rules and regulations thereunder. Sec. 65. On July 1, 1997, K.S.A. 72-6417 shall be and is hereby amended to read as follows: 72-6417. (a) The distribution of general state aid under this act shall be made in accordance with appropriation acts each year as provided in this section. (b) (1) In the months of July through May of each school year, the state board shall determine the amount of general state aid which will be required by each district to maintain operations in each such month. In making such determination, the state board shall take into consideration the district's access to local effort sources and the obligations of the general fund which must be satisfied during the month. The amount determined by the state board under this provision is the amount of general state aid which will be distributed to the district in the months of July through May; (2) in the month of June of each school year, payment shall be made of the full amount of the general state aid entitlement determined for the school year, less the sum of the monthly payments made in the months of July through May. (c) Payments of general state aid shall be distributed to districts once each month at a time to be determined by the state board. The state board shall certify to the director of accounts and reports the amount due as general state aid to each district in each of the months of July through June. Such certification, and the amount of general state aid payable from the state general fund, shall be approved by the director of the budget. The director of accounts and reports shall draw warrants on the state treasurer payable to the district treasurer of each district entitled to payment of general state aid, pursuant to vouchers approved by the state board. Upon receipt of such warrant, each district treasurer shall deposit the amount of general state aid in the general fund, except that, an amount equal May 1, 1997 691 to the amount of federal impact aid not included in the local effort of a district may be disposed of as provided in subsection (a) of K.S.A. 72-6427, and amendments thereto.
(d) The provisions of this section shall take effect and be in force from and after July 1, 1992.Sec. 66. On July 1, 1997, K.S.A. 72-6417 and K.S.A. 1996 Supp. 72-6410, as amended by section 2 of 1997 House Bill No. 2031, shall be and are hereby repealed.''; By renumbering sections 64 and 65 as sections 67 and 68, respectively; In the title, in line 6, after the semicolon, by inserting ``revising the definition of local effort for school finance purposes;''; also in line 6, after ``amending'', by inserting ``K.S.A. 72-6417 and K.S.A. 1996 Supp. 72-6410, as amended by section 2 of 1997 House Bill No. 2031, and''; in line 8, by striking ``section'' and inserting ``sections''. S. Sub. for HB 2576 was further amended by motion of Senator Morris on page 2 of the typed copy of the bill, in line 20, by adding $15,000 to the ``$28,851,728'' dollar amount and by adjusting the dollar amount in line 20 accordingly; in line 25, by adding $15,000 to the ``$16,765,470'' dollar amount and by adjusting that dollar amount in line 25 accordingly. S. Sub. for HB 2576 was further amended by motion of Senator Corbin on page 51 of the typed version of the bill, following line 1, by inserting the following: ``(c) On July 1, 1997, the expenditure limitation established by section 50(b) of 1997 Senate Substitute for House Bill No. 2160 on the horse fair racing benefit fund is hereby increased from $400,000 to No limit. (d) The director of accounts and reports shall not make the transfer of $200,000 from the horse fair racing benefit fund to the state racing fund which was directed to be made on July 1, 1997, by section 50(h) of 1997 Senate Substitute for House Bill No. 2160.''. S. Sub. for HB 2576 was further amended by motion of Senator Clark on page 40 of the typed copy of the bill, in line 15, by subtracting $110,660 from the dollar amount and by adjusting that dollar amount in line 15 accordingly. S. Sub. for HB 2576 was further amended by motion of Senator Vidricksen on page 57 of the typed version of the bill, following line 18, by inserting the following material to read as follows: dome sculpture fund For the fiscal year ending June 30, 1998 - No limit Provided, That, notwithstanding the provisions of K.S.A. 75-2249 and amendments thereto, all expenditures from the state capitol dome sculpture fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of administration, or the secretary's designee: Pro vided further, That all moneys received by the department of administration in the form of grants, gifts, contributions or bequests made for the purpose of financing the cost of ac quiring and placing atop the capitol the work of sculpture selected pursuant to statute shall be deposited in the state treasury and credited to this fund and all such grants, gifts, con tributions or bequests are hereby authorized to be received by the department of admin istration.''; Also, on page 57 of the typed version of the bill, following line 31, by inserting the following material to read as follows: ``(f) On the effective date of this act, or as soon thereafter as moneys are available during fiscal year 1997 or fiscal year 1998, the director of accounts and reports shall transfer amounts specified by the secretary of administration of not to exceed a total of $18,400 from the state capitol dome sculpture fund to the Kansas economic development endowment account of the state economic development initiatives fund of the department of commerce and housing, for the purpose of reimbursing the Kansas economic development endowment account of the state economic development initiatives fund of the department of commerce and housing.''; On page 67 of the typed version of the bill, following line 26, by inserting the following material to read as follows: ``Sec. 56. KANSAS ARTS COMMISSION (a) On July 1, 1997, the appropriation for the Kansas arts commission of all moneys now or hereafter lawfully credited to and available in the state capitol dome sculpture fund 692 JOURNAL OF THE SENATE for the fiscal year ending June 30, 1998, by section 66(b) of 1997 Senate Substitute for House Bill No. 2160, is hereby lapsed.''; and by renumbering sections accordingly. S. Sub. for HB 2576 was further amended by motion of Senator Kerr on page 57 of the typed version of the bill, following line 31, by inserting the following: ``(f) In addition to the other purposes for which expenditures may be made by the above agency from the dependent care assistance program fund for the fiscal years ending June 30, 1997, and June 30, 1998, as authorized by this or other appropriation act of the 1996 or 1997 regular session of the legislature, expenditures may be made by the above agency from the dependent care assistance program fund for fiscal year 1997 and fiscal year 1998 to participate in a demonstration customer satisfaction survey: Provided, That expenditures from the dependent care assistance program fund for fiscal year 1997 and fiscal year 1998 to participate in a demonstration customer satisfaction survey shall not exceed $25,000.'' S. Sub. for HB 2576 was further amended by motion of Senator Kerr on page 58 of the typed version of the bill, in line 17, by striking ``administration'' and inserting in lieu thereof ``social and rehabilitation services''; On page 59 of the typed version of the bill, by striking all in lines 3 through 55; By striking all on pages 60 through 65 of the typed version of the bill; On page 66 of the typed version of the bill, by striking all in lines 1 through 32, and inserting the following material to read as follows: ``Sec. 50. DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds author ized by law shall not exceed the following: pecial revenue fund For the fiscal year ending June 30, 1997 - No limit Provided, That expenditures may be made from the Winfield properties special revenue fund for the fiscal year ending June 30, 1997, for operating expenditures for the operation and maintenance of the Winfield state hospital and training center property, including any expenses for operating heating plants and other facilities and for the security and repair of the state property: Provided further, That the secretary of social and rehabilitation services is hereby authorized to fix, charge and collect fees for operating expenses incurred to provide heating services for buildings and facilities on the Winfield state hospital and training center property: And provided further, That such fees shall be fixed in order to recover all or part of such operating expenses: And provided further, That all moneys received for such fees shall be deposited in the state treasury to the credit of this fund. For the fiscal year ending June 30, 1998 - No limit Provided, That expenditures may be made from the Winfield properties special revenue fund for the fiscal year ending June 30, 1998, for operating expenditures for the operation and maintenance of the Winfield state hospital and training center property, including any expenses for operating heating plants and other facilities and for the security and repair of the state property: Provided further, That the secretary of social and rehabilitation services is hereby authorized to fix, charge and collect fees for operating expenses incurred to provide heating services for buildings and facilities on the Winfield state hospital and training center property: And provided further, That such fees shall be fixed in order to recover all or part of such operating expenses: And provided further, That all moneys received for such fees shall be deposited in the state treasury to the credit of this fund. (b) In addition to the other purposes for which expenditures may be made by the above agency from the Winfield properties special revenue fund for the fiscal years ending June 30, 1997, and June 30, 1998, as authorized by this or other appropriation act of the 1997 regular session of the legislature, expenditures may be made by the above agency from the Winfield properties special revenue fund for fiscal year 1997 and fiscal year 1998 for (1) expenses related to the review and consideration of proposals and other matters relating to the potential disposition of the Winfield state hospital and training center property, includ ing, but not limited to, expenditures for members of the legislature who are members of May 1, 1997 693 any advisory committee established therefor by the secretary of social and rehabilitation services for per diem compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3212 or 75-3223 and amendments thereto for attending meetings of such advisory committee, or attending a subcommittee meeting thereof authorized by such advisory committee, and (2) any expenses relating to any sale of any Winfield state hospital and training center property, as defined by this section. (c) In addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated from the state general fund or any special revenue fund for the fiscal year ending June 30, 1997, as authorized by section 115 of chapter 191 or section 25 of chapter 272 of the 1996 Session Laws of Kansas, section 22 of 1997 Senate Substitute for House Bill No. 2272, or by this or other appropriation act of the 1997 regular session of the legislature, expenditures may be made by the above agency from the moneys appropriated from the state general fund or from any special revenue fund for fiscal year 1997 for the sale to unified school district 501 of capital city high school: Provided, That the sale of capital city high school to unified school district 501 is hereby specifically au thorized by act of the legislature: Provided, however, That unified school district 501 shall not sell or otherwise dispose of capital city high school within 10 years of the sale authorized by this act: Provided further, That the sale of capital city high school shall not be subject to the provisions of the state surplus property act, K.S.A. 75-6601 through 75-6608, and amend ments thereto, or the competitive bidding requirements of K.S.A. 75-3738 through 75-3744, and amendments thereto: And provided further, That the net proceeds from the sale of capital city high school shall be deposited in the state treasury to the credit of the Topeka state hospital transition fund of the department of administration. (d) In addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated from the state general fund or any special revenue fund for the fiscal year ending June 30, 1997, as authorized by section 115 of chapter 191 or section 25 of chapter 272 of the 1996 Session Laws of Kansas or by section 22 of 1997 Senate Substitute for House Bill No. 2272, or for the fiscal year ending June 30, 1998, as authorized by section 61 of 1997 Senate Substitute for House Bill No. 2160, or for each such fiscal year as authorized by this or other appropriation act of the 1997 regular session of the legislature, expenditures may be made by the above agency from the moneys appro priated from the state general fund or from any special revenue fund for fiscal year 1997 and for fiscal year 1998 for operating expenditures for the operation and maintenance of the Winfield state hospital and training center property, including any expenses for operating heating plants and other facilities and for the security and repair of the state property: Provided, That all expenditures from any special revenue fund for such purposes shall be in addition to any expenditure limitation imposed on such special revenue fund for fiscal year 1998: Provided further, That any full-time or regular part-time positions established by the above agency for such purposes, approved by the governor and paid from appropri ations for fiscal year 1998 shall be in addition to any limitation established for the above agency by this or other appropriation act of the 1997 regular session of the legislature or any appropriation act of the 1998 regular session of the legislature, on the number of fulltime or regular part-time positions equated to full-time, excluding seasonal and temporary positions, paid from appropriations for fiscal year 1998. (e) (1) As used in this section, ``state property'' means all Topeka state hospital property and all Winfield state hospital and training center property; (2) ``Topeka state hospital property'' means all state-owned land and improvements in the city of Topeka, KS, which is in the area bounded by west sixth street on the south, MacVicar avenue on the east, Interstate 70 on the north and Oakley Avenue on the west, including the adjacent state-owned land west of Oakley Avenue; (3) ``capital city high school'' means the real and personal property and improvements located on the Topeka state hospital property known as capital city high school and includes the facilities and equipment of capital city high school, the school shop building, the five Erickson buildings and up to approximately 27 acres of land adjacent to the capital city high school building; and (4) ``Winfield state hospital and training center property'' means all state-owned land and improvements in the city of Winfield, KS, and Cowley county located in the southwest 694 JOURNAL OF THE SENATE quarter of section 14, the southeast quarter of section 15 and part of the northwest quarter of section 15 east of the center of Timber Creek, all located in township 32 south, range 4 east of the 6th P.M. Sec. 51. DEPARTMENT OF ADMINISTRATION (a) There is appropriated for the above agency from the state general fund for the fiscal year or years specified, the following: ansition operations For the fiscal year ending June 30, 1998 - $500,000 Provided, That expenditures may be made from the Topeka state hospital transition oper ations account for operation and maintenance of the Topeka state hospital property: Pro vided, however, That no expenditures shall be made from the Topeka state hospital transition operations account except upon approval of the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guide lines prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto. (b) There is appropriated for the above agency from the following special revenue fund for the fiscal year or years specified, 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: tal transition fund For the fiscal year ending June 30, 1998 - No limit Provided, That expenditures may be made from the Topeka state hospital transition fund for the fiscal year ending June 30, 1998, for consultant services relating to the sale or other disposition of the Topeka state hospital property and operating expenditures for the oper ation and maintenance of the Topeka state hospital property, including any expenses for operating heating plants and other facilities and for the security and repair of the Topeka state hospital property: Provided, however, That, other than expenditures for consultant services relating to the sale or other disposition of the Topeka state hospital property or expenditures for operating expenditures for the operation and maintenance of the Topeka state hospital property, including any expenses for operating heating plants and other facil ities and for the security and repair of the Topeka state hospital property, no expenditures shall be made from the Topeka state hospital transition fund except upon approval of the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 753711c and amendments thereto: Provided further, That, notwithstanding the provisions of K.S.A. 75-3307 and 75-3316 and amendments thereto, the secretary of administration is hereby given temporary custody and control of the Topeka state hospital property and is authorized to permit the use of the Topeka state hospital property by other state agencies, to enter into agreements with such state agencies therefor, to fix and alter charges for use of the Topeka state hospital property in such amounts as the secretary of administration may determine to be beneficial or necessary, and to fix, charge and collect fees for operating expenses incurred to provide heating services for buildings and facilities on the Topeka state hospital property: And provided further, That such fees shall be fixed in order to recover all or part of such operating expenses: And provided further, That, notwithstanding the provisions of K.S.A. 75-3316 and amendments thereto, all moneys received for such charges or fees shall be deposited in the state treasury to the credit of this fund. (c) In addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated from the state general fund or any special revenue fund for the fiscal year ending June 30, 1998, as authorized by section 45 of 1997 Senate Sub stitute for House Bill No. 2160 or by this or any other appropriation act of the 1997 regular session of the legislature or by any appropriation act of the 1998 regular session of the legislature, expenditures may be made by the above agency from the moneys appropriated from the state general fund or from any special revenue fund for fiscal year 1998 for op erating expenditures for the operation and maintenance of the Topeka state hospital prop erty, including any expenses for operating heating plants and other facilities and for the security and repair of the Topeka state hospital property: Provided, That all expenditures May 1, 1997 695 from any such special revenue fund for such purposes shall be in addition to any expenditure limitation imposed on such special revenue fund for fiscal year 1998. (d) In addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated from the state general fund or any special revenue fund for the fiscal year ending June 30, 1998, as authorized by section 45 of 1997 Senate Sub stitute for House Bill No. 2160 or by this or any other appropriation act of the 1997 regular session of the legislature, expenditures may be made by the above agency from the moneys appropriated from the state general fund or from any special revenue fund for fiscal year 1998 for operating expenditures for a total of 24 additional full-time and regular part-time positions equated to full-time, which full-time equivalent positions shall be in addition to the number of full-time and regular part-time positions equated to full-time, excluding seasonal and temporary positions, authorized under this or other appropriation act of 1997 regular session of the legislature: Provided, That such expenditures for such additional fulltime equivalent positions shall be subject to approval by the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c: Provided further, That any employee, who is transferred from the Topeka state hospital to the department of administration upon assumption of temporary custody and control of Topeka state hospital property by the secretary of administration and who is subsequently laid off from the de partment of administration due to sale or other disposition of the Topeka state hospital property, shall be provided with the same rights and benefits available to other employees of Topeka state hospital who are laid off upon closure of Topeka state hospital: And provided further, That any expenditures for such rights and benefits shall be funded and paid in the same manner as prescribed by law for other employees of Topeka state hospital who are laid off upon closure of Topeka state hospital. (e) In addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated from the state general fund or any special revenue fund, other than the Topeka state hospital transition fund, for the fiscal year ending June 30, 1997, as authorized by section 80 of chapter 191 of the 1996 Session Laws of Kansas, section 14 of 1997 Senate Substitute for House Bill No. 2272 and this or other appropriation act of the 1997 regular session of the legislature, and for the fiscal year ending June 30, 1998, as authorized by section 45 of 1997 Senate Substitute for House Bill No. 2160 or by this or any other appropriation act of the 1997 regular session of the legislature, expenditures may be made by the above agency from moneys appropriated from the state general fund or from any special revenue fund, other than the Topeka state hospital transition fund, for fiscal year 1998 for (1) expenses related to the review and consideration of proposals and other matters relating to the potential disposition of the Topeka state hospital property, as defined by this section, including, but not limited to, expenditures for members of the legislature who are members of any advisory committee which is hereby authorized to be established for such purposes by the secretary of administration, for per diem compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3212 or 753223 and amendments thereto for attending meetings of such advisory committee, or at tending a subcommittee meeting thereof authorized by such advisory committee, (2) any expenses relating to any sale of any Topeka state hospital property, as defined by this section, and (3) any expenses incurred to assist the department of social and rehabilitation services with regard to the sale or other disposition of the Winfield state hospital and training center property, as defined by this section. (f) As used in this section, (1) ``Topeka state hospital property'' means all state-owned land and improvements in the city of Topeka, KS, which is in the area bounded by west sixth street on the south, MacVicar Avenue on the east, Interstate 70 on the north, and Oakley Avenue on the west, including the adjacent state-owned land west of Oakley Avenue; and (2) ``Winfield state hospital and training center property'' means all state-owned land and improvements in the city of Winfield, KS, and Cowley county located in the southwest quarter of section 14, the southeast quarter of section 15 and part of the northwest quarter of section 15 east of the center of Timber Creek, all located in township 32 south, range 4 east of the 6th P.M.''; and by renumbering sections accordingly. 696 JOURNAL OF THE SENATE On roll call, the vote was: Yeas 33, nays 6, present and passing 1; absent or not voting 0. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Sal mans, Schraad, Steffes, Vidricksen. Nays: Emert, Huelskamp, Karr, Steineger, Tyson, Umbarger. Present and passing: Hensley. The substitute bill passed, as amended. The following amendments offered to S. Sub. for HB 2576 were rejected. Senator Petty moved to amend the substitute bill on page 28 of the typed version of the bill, following line 27, by inserting material to read as follows: --community costs For the fiscal year ending June 30, 1998 - $1,750,000 Provided, That no expenditures may be made from this account until the above agency receives federal matching funds: Provided further, That no expenditures may be made from this account for any purpose other than funding developmental disabilities reform costs in the community: And provided further, That funds from this account shall not be subject to transfer to any other state general fund account as authorized in section 61(e) of 1997 Senate Substitute for House Bill No. 2160.'' The amendment was rejected. Senator Huelskamp moved to amend the substitute bill on page 36 of the typed version of the bill, by striking all in lines 13 through 19, and inserting in lieu thereof the following material to read as follows: hburn university For the fiscal year ending June 30, 1998 - $400,000''; On page 37 of the typed copy of the bill, by striking all in lines 5 through 27, and inserting in lieu thereof the following material to read as follows: ``(f) On July 1, 1998, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $170,000 from the Kansas economic development en dowment account of the state economic development endowment account of the state ec onomic development initiatives fund of the department of commerce and housing to the state general fund.'' The amendment was rejected. Senator Hensley moved to amend the substitute bill on page 32 of the typed version of the bill, following line 7, by inserting the following: ``(u) No expenditures shall be made by the above agency from any moneys appropriated for the fiscal year ending June 30, 1998, from the state general fund or in any special revenue fund by this or any other appropriation act of the 1997 regular session of the legislature, to enter into any contract for the provision of services for developmentally disabled persons with any community developmental disability organization which has entitlement-based service requirements or to renew or otherwise extend the term of any such existing contract with any community developmental disability organization which has entitlement-based service requirements and, during fiscal year 1998, the above agency shall not enter into or renew or otherwise extend the term of any such contract for services with any community developmental disability organization which has entitlement-based service requirements.'' The amendment was rejected. Senator Goodwin moved to amend the substitute bill as printed in the typed version, on page 67, after line 26, by inserting a new section to read as follows: ``Sec. 1. KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM (a) In addition to the other purposes for which expenditures may be made by the above agency from the Kansas public employees retirement fund for the fiscal year ending June 30, 1998, as authorized by section 40(a) of 1997 Senate Substitute for House Bill No. 2160, or by this or other appropriation act of the 1997 regular session of the legislature, expend itures shall be made by the above agency from the Kansas public employees retirement fund for fiscal year 1998 for an additional payment to each retirant who is entitled to receive May 1, 1997 697 a retirement benefit or annuity payment from a retirement system or each insured disability benefit recipient in an amount equal to 3% of the annual retirement benefit, pension or annuity payment in effect on July 1, 1997. Such additional payment shall be paid on or before October 1, 1997, and shall be in addition to the amount of annual retirement benefit, pension or annuity payment or insured disability benefit to which the retirant is otherwise entitled. As used in this section: (1) ``Retirant'' means (A) any person who is a member or special member of a retirement system; (B) any person who is a joint annuitant or beneficiary of any member or special member described in clause (A); and (C) any insured disability benefit recipient; (2) ``retirement system'' means the Kansas public employees retirement system, the Kansas police and firemen's retirement system, the state school retirement system and the retirement system for judges; and (3) ``insured disability benefit recipient'' means any person receiving an insured disability benefit under K.S.A. 74-4927 and amend ments thereto. (b) Notwithstanding any other provision of law to the contrary, financing of the additional payment provided for in subsection (a) shall be paid by the above agency from realized investment income in the fiscal year ending June 30, 1997.; and by renumbering sections accordingly. Upon the showing of five hands a roll call vote was requested. On roll call, the vote was: Yeas 14, nays 26, present and passing 0; absent or not voting 0. Yeas: Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Jones, Karr, Lee, Oleen, Petty, Steineger. Nays: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger, Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen. The motion failed and the amendment was rejected. Senator Huelskamp moved to amend the substitute bill on page 40 of the typed version of the bill, by striking all of lines 26 to 36, inclusive; On page 41, by striking all of lines 1 to 16, inclusive. The amendment was rejected. Senator Bleeker moved to amend the substitute bill on page 21 of the typed version of the bill, following line 33, by inserting the following material to read as follows: ``(e) In addition to the other purposes for which expenditures may be made by the de partment of wildlife and parks from the moneys appropriated in the wetlands rehabilitation account of the wildlife fee fund for the fiscal year ending June 30, 1998, as authorized by section 24(h) of 1997 Senate Substitute for House Bill No. 2166, or by this or other appro priation act of the 1997 regular session of the legislature, expenditures shall be made from the wetlands rehabilitation account of the wildlife fee fund for fiscal year 1998 for the acquisition of a heavy penetration disc for the Cheyenne Bottoms wildlife area.'' The amendment was rejected. MESSAGE FROM THE HOUSE Announcing passage of HB 2582. Also, passage of SB 40, as amended. The House adopts the conference committee report on House Substitute SB 69. The House adopts the conference committee report on SB 164. INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS HB 2582 was thereupon introduced and read by title. ORIGINAL MOTION Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House of Representatives be suspended for the purpose of considering the following bill: SB 40. CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR On motion of Senator Corbin the Senate nonconcurred in the House amendments to SB 40 and requested a conference committee be appointed. 698 JOURNAL OF THE SENATE The President appointed Senators Corbin, Morris and Biggs as a conference committee on the part of the Senate. MESSAGE FROM THE HOUSE Announcing, the House nonconcurs in Senate amendments to Senate Substitute for HB 2576, requests a conference and has appointed Representatives Phil Kline, Farmer and Helgerson as conferees on the part of the House. The House accedes to the request of the Senate for a conference on SB 40 and has appointed Representatives Phill Kline, Powell and Larkin as conferees on the part of the House. The House accedes to the request of the Senate for a conference on House Substitute for SB 363 and has appointed Representatives Kejr, Weber and McKechnie as conferees on the part of the House. ORIGINAL MOTION On motion of Senator Hensley, the Senate acceded to the request of the House for a conference on S. Sub. for HB 2576. The President appointed Senators Kerr, Salisbury and Petty as conferees on the part of the Senate. On motion of Senator Emert the Senate adjourned until 10:00 a.m., Friday, May 2, 1997. HELEN A. MORELAND, Journal Clerk. PAT SAVILLE, Secretary of the Senate. +--+ | | +--+