March 31, 1998

Journal of the House

FIFTY-FOURTH DAY ______

Hall of the House of Representatives, Topeka, KS,

Tuesday, March 31, 1998, 9:00 a.m.

The House met pursuant to adjournment with Speaker pro tem Wagle in the chair.

The roll was called with 123 members present.

Rep. Lloyd was excused on verified illness.

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

Prayer by Chaplain Washington:

Almighty God, Creator of Heaven and earth,

We don't ask You to be present in our midst today. It's ours to know that You're
already here. We don't even ask You to look in on our affairs. In your omniscience,
Your all-seeing Eyes pick up everything that's going on.

Father, You're already in the House. By the omnipresence of Your Spirit, You're
in each of our offices. You're in the Halls. Even now, You're at each of our desks,
and when we ask You for Your guidance, we must admit that You've already offered
it, and it's simply ours to accept.

Lord, what we really need is the acknowledgment of Your presence, as mentioned
by the Psalmist in Psalms 139. Help us to be constantly aware of Your continual
presence. Remind us that You're the Silent Listener to every conversation . . . and
the Unseen Guest at every table.

Lord, we need the influence of Your presence in our thoughts . . . in our ac-
tions . . . in our decisions. Where the real expression of Your presence is needed
is inside us. Help us today to reflect to others the reality of Your presence in our
hearts.

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

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

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

Appropriations: HB 3024.

CHANGE OF REFERENCE

Speaker pro tem Wagle announced the withdrawal of SB 388; H. Sub. for SB 405; SB
408, 483, 514, 523; H. Sub. for SB 671 from Committee on Appropriations and rereferral
to Committee of the Whole.

MESSAGES FROM THE GOVERNOR

HB 2561, 2562, 2564, 2635, 2687, 2727, 2761, 2769, 2787 approved on March 27,
1998.

COMMUNICATIONS FROM STATE OFFICERS

From Chuck Berry, Speaker of the Colorado House of Representatives, House Joint
Resolution 98- 1013, asking for relocation of the exchange and commissary of Fitzsimons
Army Garrison to new facilities at Buckley Air National Guard Base.

From Jeannine Wood, Secretary of the Idaho State Senate, Senate Joint Memorial No.
106, requesting the Congress of the United States to prepare a proposed constitutional
amendment to the Constitution of the United States to limit congressional bills to a single
subject, except for recodification measures.

From Kansas Department of Commerce and Housing, Business Development Division,
Kansas Enterprise Zone Program, Annual Report to the Governor and Legislature, calendar
year 1997.

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

MOTIONS TO CONCUR AND NONCONCUR

On motion of Rep. Carmody, the House nonconcurred in Senate amendments to HB
2233 and asked for a conference.

Speaker pro tem Wagle thereupon appointed Reps. Carmody, Presta and Garner as con-
ferees on the part of the House.

On motion of Rep. Carmody, the House concurred in Senate amendments to HB 2282,
An act concerning civil procedure; relating to proof of service; costs; amending K.S.A. 60-
312 and 60-2003 and repealing the existing sections.

On roll call, the vote was: Yeas 120; Nays 2; Present but not voting: 0; Absent or not
voting: 3.

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

Nays: Shallenburger, Tomlinson.

Present but not voting: None.

Absent or not voting: Haley, Lloyd, O'Neal.

On motion of Rep. Aurand, the House nonconcurred in Senate amendments to HB 2552
and asked for a conference.

Speaker pro tem Wagle thereupon appointed Reps. Myers, Aurand and McKinney as
conferees on the part of the House.

On motion of Rep. Lane, the House nonconcurred in Senate amendments to HB 2591
and asked for a conference.

Speaker pro tem Wagle thereupon appointed Reps. Lane, Geringer and Pauls as conferees
on the part of the House.

On motion of Rep. Carmody, the House nonconcurred in Senate amendments to HB
2744 and asked for a conference.

Speaker pro tem Wagle thereupon appointed Reps. Carmody, Presta and Garner as con-
ferees on the part of the House.

On motion of Rep. Lane, the House nonconcurred in Senate amendments to HB 2799
and asked for a conference.

Speaker pro tem Wagle thereupon appointed Reps. Lane, Geringer and Pauls as conferees
on the part of the House.

On motion of Rep. Glasscock, the House nonconcurred in Senate amendments to HB
2806 and asked for a conference.

Speaker pro tem Wagle thereupon appointed Reps. Glasscock, Powers and Welshimer as
conferees on the part of the House.

On motion of Rep. McKinney, the House concurred in Senate amendments to HCR
5035, A concurrent resolution urging Congress not to take action to mandate competition
in retail sales of electricity and to leave that responsibility to the individual states.

On roll call, the vote was: Yeas 119; Nays 2; Present but not voting: 1; Absent or not
voting: 3.

Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Hayzlett, Helgerson, Hen-
derson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, John-
son, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane,
Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, Mc-
Kinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, 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, Tom-
linson, Toplikar, Vickrey, Vining, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

Nays: Shallenburger, Wagle.

Present but not voting: Franklin.

Absent or not voting: Haley, Lloyd, O'Neal.

CHANGE OF CONFEREES

Speaker pro tem Wagle announced the appointment of Rep. Burroughs as a member of
the conference committee on HB 2552 to replace Rep. McKinney.

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

COMMITTEE OF THE WHOLE

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

Recommended that HCR 5054 be adopted.

Committee report recommending a substitute bill to H. Sub. for SB 212 be adopted;
also, on motion of Rep. Aurand be amended on page 1, after line 14, by inserting:

``Section 1. K.S.A. 1997 Supp. 66-1,187 is hereby amended to read as follows: 66-1,187.
As used in this act:

(a) ``Broadband'' means the transmission of digital signals at rates equal to or greater
than 1.5 megabits per second.

(b) ``CLASS services'' means custom local area signaling services, which include auto-
matic callback, automatic recall, calling number identification, selective call rejection, se-
lective call acceptance, selective call forwarding, distinctive ringing and customer originated
trace.

(c) ``Commission'' means the state corporation commission.

(d) ``Dialing parity'' means that a person that is not an affiliate of a local exchange carrier
is able to provide telecommunications services in such a manner that customers have the
ability to route automatically, without the use of any access code, their telecommunications
to the telecommunications carrier of the customer's designation from among two or more
telecommunications carriers, including such local exchange carrier.

(e) ``Federal act'' means the federal telecommunications act of 1996, P.L. 104-104
(amending the communications act of 1934, 47 U.S.C. 151, et seq.)

(f) ``ISDN'' means integrated services digital network which is a network and associated
technology that provides simultaneous voice and data communications over a single com-
munications channel.

(g) ``LATA'' has the meaning ascribed to it in the federal act.

(h) ``Local exchange carrier'' means any telecommunications public utility or its succes-
sor providing switched telecommunications service within any local exchange service area,
as approved by the commission on or before January 1, 1996. However, with respect to the
Hill City exchange area, in which multiple carriers were certified by the commission prior
to January 1, 1996, the commission's determination, subject to any court appeals, of which
authorized carrier shall serve as the carrier of last resort will determine which carrier shall
be deemed the local exchange carrier for that exchange.

(i) ``Number portability'' has the meaning ascribed to it in the federal act.

(j) ``1 + intraLATA dialing parity'' means the ability of a local exchange service customer
to specify the telecommunications or local exchange carrier that will carry the intraLATA
long distance messages when that customer dials either ``1'' or ``0'' plus a 10-digit number.

(k) ``Operating area'' means:

(1) In the case of a rural telephone company, operating area or service area means such
company's study area or areas as approved by the federal communications commission;

(2) in the case of a local exchange carrier, other than a rural telephone company, op-
erating area or service area means such carrier's local exchange service area or areas as
approved by the commission.

(l) ``Rural telephone company'' has the meaning ascribed to it in the federal act, ex-
cluding any local exchange carrier which together with all of its affiliates has 20,000 or more
access lines in the state.

(m) ``Telecommunications carrier'' means a corporation, company, individual, associa-
tion of persons, their trustees, lessees or receivers that provides a telecommunications serv-
ice, including, but not limited to, interexchange carriers and competitive access providers,
but not including local exchange carriers certified before January 1, 1996.

(n) ``Telecommunications public utility'' means any public utility, as defined in K.S.A.
66-104, and amendments thereto, which owns, controls, operates or manages any equip-
ment, plant or generating machinery, or any part thereof, for the transmission of telephone
messages, as defined in K.S.A. 66-104, and amendments thereto, or the provision of tele-
communications services in or throughout any part of Kansas.

(o) ``Telecommunications service'' means the provision of a service for the transmission
of telephone messages, or two-way video or data messages.

(p) ``Universal service'' means telecommunications services and facilities which include:
single party, two-way voice grade calling; stored program controlled switching with vertical
service capability; E911 capability; tone dialing; access to operator services; access to direc-
tory assistance; and equal access to long distance services.

(q) ``Enhanced universal service'' means telecommunications services, in addition to
those included in universal service, which shall include: Signaling system seven capability,
with CLASS service capability; basic and primary rate ISDN capability, or the technological
equivalent, on request of a customer; full-fiber interconnectivity, or the technological equiv-
alent, between central offices; and broadband capable facilities, or the technological equiv-
alent, to: All schools accredited pursuant to K.S.A. 72-1101 et seq., and amendments thereto;
hospitals as defined in K.S.A. 65-425, and amendments thereto; public libraries; and state
and local government facilities which request broadband services, or the technological equiv-
alent.'';

Also on page 1, in line 15, by striking ``Section 1.'' and inserting ``Sec. 2.''; in line 24, after
``facilities'' by inserting ``, or the technological equivalents,''; in line 27, after ``facilities'' by
inserting ``, or the technological equivalents,'';

On page 2, in line 9, after ``services'' by inserting ``, or the technological equivalent,''; in
line 20, after ``services'' by inserting ``, or the technological equivalent,'';

By renumbering sections 2 through 6 as sections 3 through 7;

On page 11, in line 43, after ``Supp.'' by inserting ``66-1,187,'';

In the title, in line 11, after ``Supp.'' by inserting ``66-1,187,'';

Also, on motion of Rep. McKinney H. Sub. for SB 212 be amended on page 7, in line
19, after ``contribution'' by inserting ``, except that before January 1, 2000, no such carrier,
provider or utility shall collect from customers an amount in excess of 8.8% of its intrastate
retail revenues as provided in commission docket no. 190-492-U but such carrier, provider
or utility may collect a lesser amount from its customer'';

On page 8, by striking all of lines 32 through 34;

Also, on motion of Rep. Sloan to amend H. Sub. for SB 212, the motion did not prevail.

Also, on motion of Rep. Kuether H. Sub. for SB 212 be amended on page 10, by striking
all of lines 40 through 43;

On page 11, by striking all of lines 1 through 22; in line 23, by striking all before ``tech-
nology'' and inserting:

``New Sec. 4. (a) The legislative coordinating council shall appoint a special committee
on telecommunications to study and make recommendations regarding telecommunica-
tions'';

Also on page 11, by striking all of lines 40, 41 and 42 and inserting:

``(b) The special committee on telecommunications shall report its findings and rec-
ommendations to the 1999 legislature as provided by K.S.A. 46-1207 and amendments
thereto.'';

Also, on motion of Rep. Burroughs to amend H. Sub. for SB 212, the motion did not
prevail.

Also, roll call was demanded on motion of Rep. Powell to amend H. Sub. for SB 212
on page 7, in line 19, after ``contribution'' by inserting ``, except that before January 1, 2000,
no such carrier, provider or utility shall collect from customers an amount in excess of 4.5%
of its intrastate retail revenues as provided in commission docket no. 190-492-U but such
carrier, provider or utility may collect a lesser amount from its customer'';

On page 8, by striking all of lines 32 through 34;

On roll call, the vote was: Yeas 52; Nays 69; Present but not voting: 0; Absent or not
voting: 4.

Yeas: Allen, Ballou, Benlon, Burroughs, Campbell, Carmody, Compton, Cook, Crow,
Dean, Edmonds, Farmer, Feuerborn, Flower, Franklin, Garner, Gilbert, Gilmore, Gregory,
Helgerson, Horst, Howell, Huff, Hutchins, Klein, Phil Kline, Phill Kline, Landwehr, M.
Long, P. Long, Mayans, Mays, McKechnie, Myers, Packer, Palmer, Pottorff, Powell, Powers,
Ray, Reardon, Sawyer, Sharp, Sloan, Spangler, Storm, Swenson, Tomlinson, Toplikar, Vin-
ing, Wagle, Wilson.

Nays: Adkins, Alldritt, Aurand, Ballard, Beggs, Boston, Correll, Cox, Dahl, Dillon,
Dreher, Empson, Faber, Findley, Flaharty, Flora, Freeborn, Geringer, Glasscock, Grant,
Hayzlett, Henderson, Henry, Holmes, Humerickhouse, Jennison, Johnson, Johnston, Kejr,
Kirk, Krehbiel, Kuether, Lane, Larkin, Mason, McClure, McCreary, McKinney, Minor,
Mollenkamp, Morrison, Neufeld, O'Neal, Osborne, Pauls, E. Peterson, J. Peterson, Phelps,
Presta, Reinhardt, Ruff, Samuelson, Schwartz, Shallenburger, Shore, Showalter, Shriver,
Shultz, Stone, Tanner, Thimesch, Toelkes, Vickrey, Weber, Weiland, Wells, Welshimer,
Wempe, Wilk.

Present but not voting: None.

Absent or not voting: Haley, Lloyd, Nichols, O'Connor.

The motion of Rep. Powell did not prevail.

Also, on motion of Rep. Vickrey to amend H. Sub. for SB 212, the motion did not
prevail.

Also, on motion of Rep. Powers to rerefer H. Sub. for SB 212 to Committee on Utilities,
the motion did not prevail; and the substitute bill be passed as amended.

Committee report to SB 400 be adopted; and the bill be passed as amended.

Committee report to SB 679 be adopted; and the bill be passed as amended.

Committee report recommending a substitute bill to H. Sub. for SB 100 be adopted;
also, on motion of Rep. Kirk be amended on page 2, after line 21, by inserting the following:

``Sec. 4. K.S.A. 72-5371 is hereby amended to read as follows: 72-5371. The governing
body of any school district may cause any or all records, documents or papers to be pho-
tographed, microphotographed, or otherwise reproduced ~~on film~~. ~~Such~~ The photographic
film shall comply with federal standard No. 125a, dated April 24, 1958, or the latest revision
thereof, issued pursuant to the federal property and administrative services act of 1949, as
amended~~, and the~~. The device used to reproduce such records on such film shall be one
which accurately reproduces the original thereof in all details. The school district may use
reproduction methods which include the digital storage and retrieval of official school district
records.'';

And by renumbering the remaining sections accordingly;

Also on page 2, in line 22, by striking ``and'' and inserting a comma; also in line 22, after
``20-159'' by inserting ``and 72-5371'';

On page 1, in the title, in line 9, before ``county'' by inserting ``school district,''; in line
10, by striking ``and'' where it appears for the first time and inserting a comma; also in line
10, after ``20-159'' by inserting ``and 72-5371''; and H. Sub. for SB 100 be passed as
amended.

Committee report to SB 242 be adopted; and the bill be passed as amended.

INTRODUCTION OF GUESTS

Rep. J. Peterson recognized and welcomed the members of Kansas State University's
football team who won the Fiesta Bowl in Tempe, Arizona on December 31, 1997. Rep.
Peterson also recognized staff who accompanied the team.

Rep. Glasscock introduced Coach Bill Snyder who addressed a few remarks to the mem-
bers of the House.

REPORTS OF STANDING COMMITTEES

The Committee on Appropriations recommends Substitute for SB 494 be passed.

The Committee on Appropriations recommends SB 426, as amended by Senate Com-
mittee of the Whole, be amended on page 1, in line 22, preceding the period, by inserting
the following: ``, but in no case shall any such annual salary exceed the salary of the com-
missioner of insurance as established by law, except that the annual salary of an actuary who
is a Fellow, Society of Actuaries, (FSA) appointed by the commissioner may exceed the
annual salary of the commissioner''; and the bill be passed as amended.

The Committee on Federal and State Affairs recommends SB 486, 581 as amended
by Senate Committee, be passed.

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

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

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

HB 3025, An act concerning retirement and pensions; relating to the Kansas public
employees retirement system; regents institutions; final average salary; amending K.S.A.
1997 Supp. 74-4902 and 74-4920 and repealing the existing sections, by Committee on
Appropriations.

HOUSE CONCURRENT RESOLUTION No. 5055--

By Committee on Appropriations

A PROPOSITION to amend section 2 of article 13 of the constitution of the state of Kansas, relating to banks.

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 mem-
bers elected (or appointed) and qualified to the Senate concurring therein:

Section 1. The following proposition to amend the constitution of the state of Kansas
shall be submitted to the qualified electors of the state for their approval or rejection: Section
2 of article 13 of the constitution of the state of Kansas is hereby amended to read as follows:

§ 2. State not to be stockholder. The state shall not be a stockholder in any
banking institution, except that any retirement or pension plan authorized pursuant
to the laws of this state may be a stockholder in any banking institution.

Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:

``Explanatory statement. The purpose of this amendment is to allow any retirement
or pension plan authorized pursuant to the laws of this state to be a stockholder in
any banking institution.

``A vote for this amendment would allow any retirement or pension plan authorized
pursuant to the laws of this state to be a stockholder in any banking institution.

``A vote against this amendment favors retaining the current prohibition against
the state and any retirement or pension plan authorized pursuant to the laws of this
state from being a stockholder in any banking institution.''

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.

MESSAGE FROM THE SENATE

The Senate nonconcurs in House amendments to SB 469, requests a conference and has
appointed Senators Hardenburger, Becker and Gooch as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to SB 556, requests a conference and has
appointed Senators Hardenburger, Becker and Lee as conferees on the part of the Senate.

INTRODUCTION OF ORIGINAL MOTIONS

On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 469.

Speaker pro tem Wagle thereupon appointed Reps. Boston, Tanner and Gilbert as con-
ferees on the part of the House.

On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 556.

Speaker pro tem Wagle thereupon appointed Reps. Glasscock, Campbell and Welshimer
as conferees on the part of the House.

INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS

The following resolution was introduced and read by title:

HOUSE RESOLUTION No. 6020--

By Representatives Morrison, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Ben-
lon, Boston, Burroughs, Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl,
Dean, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Fla-
harty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glas-
scock, 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, M. Long, P.
Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mol-
lenkamp, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls,
E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Rein-
hardt, 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 and Wilson

A RESOLUTION in memory of Donald D. Smith. WHEREAS, Donald D. Smith, 72, of Colby, died Saturday, March 28, 1998, at the Hays
Medical Center from injuries received in an automobile accident; and

WHEREAS, Donald D. Smith, a Republican, served in the Kansas House of Represen-
tatives from 1961 through the 1966 Special Session as a Representative of the 105th District
from Thomas County. He was particularly proud of carrying the bill eventually establishing
Colby Community College and remained interested in legislative matters throughout his
life; and

WHEREAS, After service in the Navy during World War II, Donald D. Smith attended
Kansas State University where he received a degree in Agricultural Engineering. In addition
to farming he worked as County Engineer for Logan County, sold mutual funds and estab-
lished his own manufacturing business; and

WHEREAS, Donald D. Smith was an elder for the First Presbyterian Church in Colby,
a member of the Masonic Lodge, American Legion and Veterans of Foreign Wars. He was
also a member of the local board of the American Cancer Society; and

WHEREAS, Donald D. Smith married Frances Larsen, the girlfriend he left to go to
war, on June 7, 1947. She survives. Also surviving are a son, Randy Smith of Colby, two
daughters, Connie Davis of Colby and Sheree Stoppel of Osage City, a brother, a sister and
10 grandchildren; and

WHEREAS, Donald D. Smith was deeply involved in the activities of his grandchildren.
The day before his death he was able to fulfill a longtime desire when he and his wife drove
to Topeka to take their daughter Sheree's sons to visit the legislature. While in the house
chambers, he was recognized with a standing ovation from the members in session: Now,
therefore,

Be it resolved by the House of Representatives of the State of Kansas: That we extend
our deepest sympathy to the family of Donald D. Smith; and

Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to provide an enrolled copy of this resolution to Mrs. Donald D. Smith, 423 Smith Drive,
Colby, Kansas 67701.

On motion of Rep. Jennison, the House recessed until 5:00 p.m.

March 31, 1998

______ Afternoon Session
The House met pursuant to recess with Speaker pro tem Wagle in the chair.

MESSAGES FROM THE GOVERNOR

HB 2783 approved on March 31, 1998.

MESSAGE FROM THE SENATE

The Senate nonconcurs in House amendments to SB 482, requests a conference and has
appointed Senators Emert, Pugh and Goodwin as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to SB 516, requests a conference and has
appointed Senators Emert, Pugh and Goodwin as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to SB 536, requests a conference and has
appointed Senators Emert, Pugh and Goodwin as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on HB 2233 and has
appointed Senators Emert, Pugh and Goodwin as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on HB 2419 and has
appointed Senators Corbin, Morris and Biggs as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on HB 2552 and has
appointed Senators Ranson, Clark and Biggs as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on HB 2591 and has
appointed Senators Salisbury, Ranson and Barone as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on Sub. HB 2630 and
has appointed Senators Praeger, Salmans and Steineger as conferees on the part of the
Senate.

The Senate accedes to the request of the House for a conference on HB 2636 and has
appointed Senators Steffes, Praeger and Feleciano as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on HB 2744 and has
appointed Senators Emert, Pugh and Goodwin as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on HB 2782 and has
appointed Senators Vidricksen, Jordan and Gilstrap as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on HB 2799 and has
appointed Senators Salisbury, Ranson and Barone as conferees on the part of the Senate.

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

The Senate accedes to the request of the House for a conference on HB 2837 and has
appointed Senators Lawrence, Langworthy and Downey as conferees on the part of the
Senate.

The Senate accedes to the request of the House for a conference on HB 2867 and has
appointed Senators Emert, Pugh and Goodwin as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on HB 2868 and has
appointed Senators Corbin, Morris and Biggs as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on HB 2877 and has
appointed Senators Kerr, Salisbury and Petty as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on HCR 5042 and has
appointed Senators Praeger, Salmans and Steineger as conferees on the part of the Senate.

INTRODUCTION OF ORIGINAL MOTIONS

On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 482.

Speaker pro tem Wagle thereupon appointed Reps. Carmody, Presta and Garner as con-
ferees on the part of the House.

On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 516.

Speaker pro tem Wagle thereupon appointed Reps. Carmody, Presta and Garner as con-
ferees on the part of the House.

On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 536.

Speaker pro tem Wagle thereupon appointed Reps. Carmody, Presta and Garner as con-
ferees on the part of the House.

REPORTS OF STANDING COMMITTEES

The Committee on Appropriations recommends HB 2893 be amended on page 1, in
line 23, after ``in'' by inserting ``sections 2 through 108 of ''; following line 23, by inserting
the following:

``(b) For the fiscal year ending June 30, 2000, appropriations are hereby made, restric-
tions and limitations are hereby imposed, and transfers, capital improvement projects, fees,
receipts, disbursements and acts incidental to the foregoing are hereby directed or author-
ized as provided in sections 109 through 120 of this act.

(c) For the fiscal years ending June 30, 2001, and June 30, 2002, appropriations are
hereby made, restrictions and limitations are hereby imposed, and transfers, capital im-
provement projects, fees, receipts, disbursements and acts incidental to the foregoing are
hereby directed or authorized as provided in section 120 of this act.'';

On page 2, in line 26, by striking ``$625,596'' and inserting in lieu thereof ``$525,596'';

On page 3, in line 32, by striking ``$504,326'' and inserting in lieu thereof ``$479,326'';

On page 4, in line 7, by striking ``$1,770,564'' and inserting in lieu thereof ``$1,798,564'';
in line 42, by striking ``net'' and inserting in lieu thereof ``gross'';

On page 5, in line 28, by striking ``net'' and inserting in lieu thereof ``gross'';

On page 6, in line 38, by striking ``$10,368,565'' and inserting in lieu thereof
``$10,279,365'';

On page 7, by striking all in lines 17 through 43;

On page 8, by striking all in line 1; in line 2, by striking all before the period and inserting:
``expenditures from this account during fiscal year 1999 for out-of-state travel for senators
shall not exceed $30,300 and for representatives shall not exceed $90,700''; in line 33, by
striking all after ``fund''; by striking all in lines 34 through 43;

On page 9, by striking all in lines 1 through 18; in line 19, by striking ``council''; after line
19, by inserting the following:

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

Legislative process CD-ROM project

$40,000

Provided, That all expenditures by the above agency from the state budget stabilization fund
for fiscal year 1999 for the legislative process CD-ROM project shall be in addition to any
expenditure limitation imposed on the state budget stabilization fund for fiscal year 1999.

(d) In addition to the other purposes for which expenditures may be made from the
state budget stabilization fund for fiscal year 1999, expenditures may be made by the above
agency from the state budget stabilization fund for fiscal year 1999 for the legislative com-
puterization project, including fiber optic wiring and electrical upgrades within the state-
house: Provided, That all expenditures from the state budget stabilization fund for the fiscal
year 1999 for the legislative computerization project, including fiber optic wiring and elec-
trical upgrades within the statehouse shall be in addition to any expenditure limitation im-
posed on the state budget stabilization fund for the fiscal year 1999: Provided, however,
That the aggregate of all expenditures from the state budget stabilization fund for fiscal year
1998 and for fiscal year 1999 for such legislative computerization project, shall not exceed
$3,350,000.'';

Also on page 9, in line 24, by striking ``$1,531,250'' and inserting in lieu thereof
``$1,492,450'';

On page 11, in line 7, by striking ``$3,370,833'' and inserting in lieu thereof ``$3,232,833'';

On page 13, in line 30, by striking ``$1,501,360'' and inserting in lieu thereof ``$1,477,360'';

On page 16, after line 19, by inserting the following:

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

On page 17, in line 26, by striking ``$246,702'' and inserting in lieu thereof ``$246,903'';
in line 29, by striking ``$3,232'' and inserting in lieu thereof ``$4,785'';

On page 18, in line 19, by striking ``$11,789,519'' and inserting in lieu thereof
``$12,245,811'';

On page 19, by striking all in lines 18; in line 24, by striking ``$73,645,877'' and inserting
in lieu thereof ``$76,379,726''; in line 27, by striking ``$337,430'' and inserting in lieu thereof
``$360,143'';

On page 20, after line 16, by inserting the following:

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

Also on page 20, after line 19, by inserting the following:

``Judicial technology and building and grounds fund

No limit

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

(c) On June 30, 1999, the director of accounts and reports shall transfer the amount of
any unencumbered balance in the judiciary operations account of the state general fund
from the judiciary operations account of the state general fund to the judicial center tech-
nology and building and grounds fund.'';

On page 23, in line 32, by striking ``$376,663'' and inserting in lieu thereof ``$439,190'';

On page 25, in line 8, preceding the period, by inserting: ``: Provided further, That ex-
penditures may be made from the above account for a study of the implications of those
sections of 1997 House Bill No. 2064 which restrict unclassified personnel who has partic-
ipated in making contracts on behalf of the state from accepting a position with the con-
tracting business as an employee, contractor or subcontractor until two years after that
entity's contract with the state is completed or until two years after that individual ends state
service, whichever is sooner: And provided further, That the director of personnel services
shall present the results of the study, including characteristics of the employees effected
and any recommendations for statutory changes, to the 1999 legislature''; in line 41, by
striking ``$100,000'' and inserting in lieu thereof ``$300,000'';

On page 26, after line 21, by inserting the following:

``Microwave interconnection

$150,000

Provided, That expenditures shall be made from the above account for grants to provide a
microwave interconnection between KPTS in Wichita, KTWU in Topeka, and the Kansas
statehouse: Provided further, That expenditures may be made from the above account for
grants to extend the microwave interconnection to KCPT in Kansas City and Smoky Hills
public television in Bunker Hill.'';

On page 30, after line 4, by inserting the following:

``Provided, That no expenditures may be made from the above fund for entering into any
state employee health or hospitalization insurance contract which provides for reimburse-
ment, payment or coverage of abortions or abortion related services.'';

On page 32, following line 43, by inserting the following:

``(i) On July 1, 1998, of the amounts appropriated for the above agency from the state
general fund by subsection (a), the sum of $667,430 is hereby lapsed from the accounts and
in the amounts specified by the secretary of administration pursuant to this subsection. On
July 1, 1998, the secretary of administration shall certify to the director of accounts and
reports (1) the amount or amounts which in the aggregate equal $667,430 and which are to
be lapsed from which of the following account or accounts of the state general fund and (2)
the amount to be lapsed from each of the accounts so specified: General administration,
accounting and reporting services, budget analysis, personnel services, purchasing, archi-
tectural services and planning, facilities and management, insurance for state buildings, and
department of administration systems. Upon receipt of the certification from the secretary
of administration, the director of accounts and reports shall lapse the amount or amounts
from the account or accounts of the state general fund as specified in the certification.

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

Cosmosphere, Hutchinson, KS	$3,000,000
Boot Hill museum, Front Street, Dodge City, KS 67801	$1,000,000
Exploration Place, Wichita, KS	$5,000,000

Provided, That the above expenditures for fiscal year 1999 shall be in addition to any ex-
penditure limitation imposed on the Kansas economic development endowment account of
the state economic development initiatives fund or on the state economic development
initiatives fund of the department of commerce and housing.'';

On page 33, in line 7, by striking ``77.0'' and inserting in lieu thereof ``76.0''; in line 17,
by striking ``$1,661,477'' and inserting in lieu thereof ``$1,656,814''; by striking all in lines
18 and 19;

On page 34, in line 5, preceding the period, by inserting: ``: And provided further, That
expenditures shall be made from this fund for the fiscal year ending June 30, 1999, for
reprinting the driver's license handbook in both Spanish and English'';

On page 37, in line 19, by striking ``$8,575,870'' and inserting in lieu thereof ``$7,655,845'';

On page 38, after line 7, by inserting the following:

``(e) The director of the Kansas lottery is hereby directed to pay retailers who sell lottery
tickets a commission of no less than 7.5%. Additionally, the director is prohibited from
collecting any fees or assessments from retailers that will be used to pay on-line commu-
nications charges which the director is instructed to pay from the lottery operating fund.'';

Also on page 38, by striking all in lines 10 through 22;

And by relettering subsections accordingly;

Also on page 38, in line 27, by striking ``$2,370,706'' and inserting in lieu thereof
``$3,057,279''; after line 41, by inserting the following:

``Provided, That funding of $5,000 shall be available from the tribal gaming fund for the
purpose of increasing the salary of the executive director of the state gaming agency.'';

On page 39, after line 41, by inserting the following:

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

On page 40, in line 5, by striking ``$2,021,167'' and inserting in lieu thereof ``$1,970,802'';

On page 42, in line 39, by striking ``$14,628,609'' and inserting in lieu thereof
``$14,666,729'';

On page 43, in line 10, by striking ``$7,834,389'' and inserting in lieu thereof ``$7,937,829'';
in line 16, preceding the period, by inserting: ``: Provided further, That, in addition to other
purposes for which expenditures may be made by the department of commerce and housing
from this account, the secretary of commerce and housing shall make expenditures from
this account to disburse a grant to the Mid-America world trade center located in Wichita,
Kansas, in the amount of $50,000: And provided further, That such grant shall be disbursed
with only the requirement of that an annual report of activities of the Mid-America world
trade center shall be provided to the joint committee on economic development prior to
the commencement of the 1999 regular session of the legislature: And provided further,
That such grant shall be disbursed directly to the Mid-America world trade center without
any additional requirements or further procedures''; in line 32, by striking ``$300,000'' and
inserting in lieu thereof ``$250,000'';

On page 45, after line 12, by inserting the following: ``(i) In addition to other purposes
for which expenditures may be made by the department of commerce and housing for fiscal
year 1999 from any account of the state general fund or from any account of any special
revenue fund appropriated by this or any other appropriation act of the 1998 regular session
of the legislature for fiscal year 1999 for the department of commerce and housing, ex-
penditures shall be made by the department of commerce and housing from such appro-
priations for fiscal year 1999 to transfer, effective on the first day of the first payroll period
chargeable to fiscal year 1999, the 2.0 full-time equivalent employees of the department of
commerce and housing who are engaged in the operation of the state capitol tourist infor-
mation center to the state historical society.

(j) On July 1, 1998, or as soon thereafter as moneys are available therefor, the director
of accounts and reports shall transfer from the state general fund to the Kansas economic
development endowment account to the state economic development initiatives fund of the
department of commerce and housing the amount equal to the aggregate of all amounts
transferred from the state gaming revenues fund to the state general fund pursuant to K.S.A.
79-4801 and amendments thereto.'';

On page 46, in line 7, by striking ``$13,986,956'' and inserting in lieu thereof
``$13,488,182''; in line 22, by striking ``$13,986,956'' and inserting in lieu thereof
``$13,488,182'';

On page 47, in line 10, by striking ``92.0'' and inserting in lieu thereof ``88.0''; in line 11,
by striking ``46.0'' and inserting in lieu thereof ``42.0''; in line 12, by striking ``16.0'' and
inserting in lieu thereof ``20.0''; in line 13, by striking ``134.0'' and inserting in lieu thereof
``132.0''; in line 25, by striking ``$1,742,220'' and inserting in lieu thereof ``$1,729,220'';

On page 48, in line 9, by striking ``II-A'' and inserting in lieu thereof ``II''; in line 10, by
striking ``II-A'' and inserting in lieu thereof ``II''; by striking all in lines 11 through 14;

On page 49, in line 4, by striking ``1997'' and inserting in lieu thereof ``1998''; in line 19,
by striking ``$1,149,465'' and inserting in lieu thereof ``$1,264,575''; by striking all in lines
24 through 27 and inserting the following:

``Operating expenditures--Persian Gulf War health initiative program

$101,856'';

Also on page 49, in line 35, by striking ``$2,500,820'' and inserting in lieu thereof ``$0'';
in line 41, by striking ``$14,361,229'' and inserting in lieu thereof ``$14,455,328'';

On page 50, in line 3, by striking ``$5,868,681'' and inserting in lieu thereof ``$4,630,251'';
in line 7, after ``upon'' by inserting ``(1)''; also in line 7, before the period, by inserting: ``or
(2) submitting to the legislative coordinating council prior written notice of the amount and
purpose of an expenditure to be made from the amount reappropriated: Provided further,
That expenditures shall be made from this account for the purposes of reorganization and
reassignment of duties and staff with the division of health of the department of health and
environment, which organization and reassignment is hereby authorized and directed to be
conducted by the secretary of health and environment for the purposes of providing better
service and greater efficiency''; in line 21, before the period, by inserting: `` And provided
further, That, notwithstanding any law to the contrary, such financial assistance shall be
subject to the condition that each individual who is currently on AIDS drug assistance shall
continue to receive AIDS drug assistance and shall not be denied such AIDS drug assis-
tance'';

On page 51, in line 1, before the period, by inserting: ``; AIDS medication shortfall; year
2000 computer repair''; in line 6, by striking ``$382,864'' and inserting in lieu thereof
``$381,848''; in line 7, by striking ``$3,687,930'' and inserting in lieu thereof ``$4,057,731'';
in line 8, by striking ``$3,829,496'' and inserting in lieu thereof ``$3,829,197''; in line 15, by
striking ``No limit'' and inserting in lieu thereof ``$3,000''; in line 16, by striking ``No limit''
and inserting in lieu thereof ``$120,000''; in line 18, by striking ``No limit'' and inserting in
lieu thereof ``$99,104''; in line 22, by striking ``No limit'' and inserting in lieu thereof
``$133,616''; in line 23, by striking ``No limit'' and inserting in lieu thereof ``$1,558,092''; in
line 26, by striking ``No limit'' and inserting in lieu thereof ``$183,785''; in line 36, by striking
``No limit'' and inserting in lieu thereof ``$510,000''; in line 37, by striking ``No limit'' and
inserting in lieu thereof ``$69,352''; in line 38, by striking ``No limit'' and inserting in lieu
thereof ``$328,226''; in line 41, by striking ``No limit'' and inserting in lieu thereof
``$5,763,133''; after line 41, by inserting the following:

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

Also on page 51, in line 42, by striking ``No limit'' and inserting in lieu thereof ``$252,114'';
in line 43, by striking ``No limit'' and inserting in lieu thereof ``$249,044'';

On page 52, in line 1, by striking ``No limit'' and inserting in lieu thereof ``$85,755''; in
line 3, by striking ``No limit'' and inserting in lieu thereof ``$214,543''; in line 7, by striking
``$202,607'' and inserting in lieu thereof ``$202,547''; in line 8, by striking ``No limit'' and
inserting in lieu thereof ``$1,204,052''; in line 14, by striking ``No limit'' and inserting in lieu
thereof ``$32,900''; in line 18, by striking ``No limit'' and inserting in lieu thereof ``$227,000'';
in line 22, by striking ``No limit'' and inserting in lieu thereof ``$23,000''; in line 23, by
striking ``No limit'' and inserting in lieu thereof ``$1,161,379''; in line 24, by striking ``No
limit'' and inserting in lieu thereof ``$0''; in line 25, by striking ``No limit'' and inserting in
lieu thereof ``$25,000''; in line 27, by striking ``No limit'' and inserting in lieu thereof ``$0'';
in line 28, by striking ``No limit'' and inserting in lieu thereof ``$3,681,684''; in line 29, by
striking ``No limit'' and inserting in lieu thereof ``$1,500,000''; in line 30, by striking ``No
limit'' and inserting in lieu thereof ``$525,716''; in line 31, by striking ``No limit'' and inserting
in lieu thereof ``$210,292''; in line 32, by striking ``No limit'' and inserting in lieu thereof
``$717,518''; in line 33, by striking ``$62,196'' and inserting in lieu thereof ``$61,598''; in line
34, by striking ``$363,683'' and inserting in lieu thereof ``$363,623''; in line 35, by striking
``$2,033,417'' and inserting in lieu thereof ``$2,033,357''; in line 42, by striking ``No limit''
and inserting in lieu thereof ``$367,545''; in line 43, by striking ``No limit'' and inserting in
lieu thereof ``$645,204'';

On page 53, in line 3, by striking ``No limit'' and inserting in lieu thereof ``$1,840,733'';
in line 9, by striking ``$931,532'' and inserting in lieu thereof ``$929,859''; in line 10, by
striking ``No limit'' and inserting in lieu thereof ``$45,009,205''; in line 35, by striking ``No
limit'' and inserting in lieu thereof ``$30,000''; in line 36, by striking ``No limit'' and inserting
in lieu thereof ``$1,051,451''; in line 37, by striking ``No limit'' and inserting in lieu thereof
``$107,403''; following line 37, by inserting the following:

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

Also on page 53, in line 38, by striking ``No limit'' and inserting in lieu thereof
``$4,019,870''; in line 41, by striking ``No limit'' and inserting in lieu thereof ``$91,025''; in
line 42, by striking ``$2,842,194'' and inserting in lieu thereof ``$2,841,537''; in line 43, by
striking ``$1,268,065'' and inserting in lieu thereof ``$1,258,742'';

On page 54, in line 1, by striking ``No limit'' and inserting in lieu thereof ``$1,298,581'';
in line 6, by striking ``No limit'' and inserting in lieu thereof ``$15,510,462''; in line 12, by
striking ``$164,149'' and inserting in lieu thereof ``$163,970''; in line 13, by striking
``$821,362'' and inserting in lieu thereof ``$820,884''; in line 14, by striking ``No limit'' and
inserting in lieu thereof ``$1,555,864''; in line 17, by striking ``No limit'' and inserting in lieu
thereof ``$45,000''; in line 18, by striking ``$22,139'' and inserting in lieu thereof ``$21,840'';
in line 19, by striking ``No limit'' and inserting in lieu thereof ``$56,000''; in line 21, by
striking ``No limit'' and inserting in lieu thereof ``$170,719''; in line 22, by striking ``No limit''
and inserting in lieu thereof ``$2,304,555''; in line 27, by striking ``No limit'' and inserting
in lieu thereof ``$453,586''; in line 30, by striking ``No limit'' and inserting in lieu thereof
``$75,748''; in line 31, by striking ``No limit'' and inserting in lieu thereof ``$927,000''; in line
32, by striking ``$1,852,568'' and inserting in lieu thereof ``$1,848,923''; in line 33, by striking
``$92,304'' and inserting in lieu thereof ``$91,945''; in line 34, by striking ``$2,470,483'' and
inserting in lieu thereof ``$2,468,152''; in line 35, by striking ``No limit'' and inserting in lieu
thereof ``$21,484''; in line 36, by striking ``$1,902,814'' and inserting in lieu thereof
``$1,898,452''; in line 37, by striking ``No limit'' and inserting in lieu thereof ``$133,512''; in
line 38, by striking ``No limit'' and inserting in lieu thereof ``$27,750'';

On page 55, preceding line 1, by inserting the following:

``Sudden infant death syndrome gift fund

No limit

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

Also on page 55, in line 1, by striking ``No limit'' and inserting in lieu thereof ``$1,248,055'';
in line 4, by striking ``$1,545,070'' and inserting in lieu thereof ``$1,560,897''; in line 5, by
striking ``$19,996,640'' and inserting in lieu thereof ``$20,223,939''; in line 6, by striking
``$1,363,030'' and inserting in lieu thereof ``$1,376,855''; in line 9, by striking ``No limit'' and
inserting in lieu thereof ``$1,042,107''; in line 10, by striking ``No limit'' and inserting in lieu
thereof ``$393,264''; in line 17, by striking ``No limit'' and inserting in lieu thereof
``$141,253''; in line 23, by striking ``No limit'' and inserting in lieu thereof ``$72,000''; in line
24, by striking ``No limit'' and inserting in lieu thereof ``$20,000''; in line 25, by striking ``No
limit'' and inserting in lieu thereof ``$199,763''; in line 26, by striking ``No limit'' and inserting
in lieu thereof ``$25,791''; in line 27, by striking ``$566,836'' and inserting in lieu thereof
``$566,477''; in line 34, by striking ``$1,420,128'' and inserting in lieu thereof ``$1,418,694'';

On page 57, following line 25, by inserting the following:

``(l) In addition to the other purposes for which expenditures may be made by the
department of health and environment from moneys appropriated from the state general
fund or from one or more special revenue funds for the fiscal year ending June 30, 1999,
as authorized by this or other appropriation act of the 1998 regular session of the legislature,
expenditures shall be made by the department of health and environment from the moneys
appropriated from the state general fund or from one or more special revenue funds for
fiscal year 1999 for confidential name identification tracing of persons who have had contact
with a person who has tested positive for HIV infection or who has been diagnosed as having
AIDS which could result in the person being traced contracting HIV or AIDS: Provided,
That such confidential name identification tracing shall be conducted in conformity with
applicable provisions of statutes prescribing confidentiality.

(m) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer an amount or amounts specified by the secretary of health and environment
from the maternal and child health services block grant fund of the department of health
and environment to the sudden infant death syndrome gift fund of the department of health
and environment, for the purposes of matching gifts or grants of moneys received and
deposited in the state treasury to the credit of the sudden infant death syndrome gift fund:
Provided, That the director of accounts and reports shall make such transfer only upon
approval of such transfer by the state finance council acting on this matter which is hereby
characterized as a matter of legislative delegation and subject to the guidelines prescribed
in subsection (c) of K.S.A. 75-3711c and amendments thereto.'';

On page 58, in line 18, preceding the period, by inserting: ``: Provided, That if a person
is eligible for medicaid home and community based services for the frail elderly they will
not be eligible for senior care act funded services: Provided further, That eligibility limita-
tions are effective at the time of annual reassessment and for all new persons entering
services: And provided further, That there is no interruption in services if the funding source
for the services is changed due to this mandate''; following line 39, by inserting the following:

``General fees fund

No limit

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

On page 59, following line 5, by inserting the following:

``Medical resources and collection fund

No limit

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

Also on page 59, following line 22, by inserting the following:

``(d) On or before June 30, 1999, the director of accounts and reports shall transfer an
amount certified by the secretary of aging as the unspent amount of funds allocated for
professional services in the office of the secretary from the administration account of the
state general fund to the program grants account of the state general fund: Provided, That
the amount transferred to the program grants account shall be used for program services
by the agency.'';

Also on page 59, in line 30, by striking ``321.8'' and inserting in lieu thereof ``186.8''; in
line 31, by striking ``820.6'' and inserting in lieu thereof ``823.1'';

On page 60, in line 9, by striking ``$151,022,470'' and inserting in lieu thereof
``$151,097,470''; in line 27, preceding the period, by inserting: ``: And provided further, That
notwithstanding subsection (e) of this section, the secretary of social and rehabilitation serv-
ices is prohibited from transferring funds from this account to the children's mental health
initiative account of the state general fund: And provided further, That no expenditures may
be made from funds currently allocated for funding to community mental health centers to
support the children's mental health initiative waiver''; in line 33, preceding the period, by
inserting the following: ``: Provided, That no expenditures shall be made from this account
to match federal title XXI dollars until the 1998 legislature passes legislation outlining the
powers and duties of the secretary of social and rehabilitation services with regard to the
implementation of a children's health insurance program under title XXI''; in line 34, by
striking ``$43,477,493'' and inserting in lieu thereof ``$43,777,493''; in line 36, preceding the
period, by inserting: ``: Provided further, That on or after July 1, 1998, the secretary of social
and rehabilitation services shall transfer $300,000 from this account to the family and chil-
dren trust account of the family and children investment fund: And provided further, That
the secretary of social and rehabilitation services shall review the performance of all service
providers that are providing foster care services under the statewide foster care program:
And provided further, That the secretary of social and rehabilitation services shall not renew
or enter into a provider contract agreement with any service provider to provide foster care
services in more than one region of the state if such service provider is providing services
in more than one region of the state and is not fully meeting all outcome goals and indicators
and other performance objectives under the provider contract agreement''; in line 38, by
striking ``$2,644,970'' and inserting in lieu thereof ``$2,869,124''; in line 43, preceding the
period, by inserting: ``: And provided further, That expenditures may be made from this
account for a grant to assistive technology for Kansans: And provided further, That such
grants shall not exceed $224,152'';

On page 61, in line 8, by striking ``$10,032,673'' and inserting in lieu thereof
``$10,144,967''; in line 10, preceding the period, by inserting: ``: Provided further, That
expenditures may be made from this account for increased funding to independent living
centers: And provided further, That notwithstanding current law or agreements, the in-
creased state funding from this account for the independent connection program operated
by the occupational center of central Kansas shall not require independent connection to
have a separate governing board from the occupational center of central Kansas''; in line
11, by striking ``$149,663,570'' and inserting in lieu thereof ``$149,823,570''; in line 20,
preceding the period, by inserting ``; children's mental health initiative'';

On page 63, in line 23, by striking ``$57,948,036'' and inserting in lieu thereof
``$59,748,036''; in line 27, preceding the period, by inserting: ``: And provided further, That
expenditures may be made from this fund to support the children's mental health initiative
waiver: And provided further, That funding for the waiver from this fund shall not exceed
$1,800,000'';

On page 64, in line 5, preceding the period, by inserting: ``: Provided further, That the
director of accounts and reports shall transfer monthly an amount specified by the secretary
of the department of social and rehabilitation services from the temporary assistance to
needy families federal fund to the department of education Kansas fast start school readiness
fund to reimburse the department of education for federally allowable temporary assistance
to needy families federal fund expenditures related to the Kansas fast start school readiness
program: And provided further, That such transfers shall not exceed $5,000,000''; after line
7, by inserting the following:

``Provided, That the director of accounts and reports shall transfer monthly an amount
specified by the secretary of the department of social and rehabilitation services from the
child care discretionary federal fund to the department of education Kansas fast start school
readiness fund to reimburse the department of education for federally allowable child care
and development fund expenditures related to the Kansas fast start school readiness pro-
gram: Provided further, That such transfers shall not exceed $5,000,000.'';

Also on page 64, after line 24, by inserting the following:

``Family and children endowment account--family and children investmentfund

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

Also on page 64, after line 25, by inserting the following:

``Community transportation grants program fund

No limit

Provided, That the community transportation grants program shall be administered by the
secretary of social and rehabilitation services in collaboration with the secretary of aging:
Provided further, That grants shall be administered on a competitive basis emphasizing
community coordination and collaboration to solve transportation barriers: And provided
further, That the program shall provide for common transportation for all programs in a
community that are administered or supported by the department of social and rehabilitation
services or the department on aging.'';

On page 66, after line 16, by inserting the following:

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

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

(p) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $2,000,000 from the state budget stabilization fund to the
community transportation grants program fund of the department of social and rehabilita-
tion services.'';

On page 67, in line 42, by striking ``$49,458,688'' and inserting in lieu thereof
``$49,278,688'';

On page 69, after line 15, by inserting the following:

``Grant to the Kansas optometric association for vision study

$27,000

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

Technology equipment at community colleges and Washburn university

$500,000

Provided, That the department of education is hereby authorized to make expenditures
from the technology equipment at community colleges and Washburn university account
for grants to community colleges and Washburn university pursuant to grant applications
for the purchase of technology equipment, in accordance with guidelines established by the
state board of education.

Technology equipment at unified school districts

$2,500,000

Provided, That the department of education is hereby authorized to make expenditures
from the technology equipment at unified school districts account for grants to unified school
districts pursuant to grant applications for the purchase of technology equipment, in ac-
cordance with guidelines established by the state board of education: Provided further, That
grants to unified school districts shall be for educational technology expenses or enhance-
ments made pursuant to a school district technology plan that has been approved by the
state board of education.

Technology equipment at technical colleges and area vocational technicalschools

$250,000

Provided, That the department of education is hereby authorized to make expenditures
from the technology equipment at technical colleges and area vocational technical schools
account for grants to technical colleges and area vocational technical schools pursuant to
grant applications for the purchase of technology equipment, in accordance with guidelines
established by the state board of education.'';

On page 71, after line 18, by inserting the following:

``Fast start school readiness preschool program grants fund

$10,000,000

Provided, That all expenditures from the fast start school readiness preschool program grants
fund shall be for fast start school readiness preschool program grants in accordance with
the Kansas fast start school readiness preschool program: Provided, however, That not less
than 25% of the expenditures from the fast start school readiness preschool program grants
fund shall be for fast start school readiness preschool program grants to community pre-
school programs serving at-risk children with emotional or behavioral disorders.'';

Also on page 71, by striking all in lines 19 through 23;

And by relettering subsections accordingly;

On page 72, by striking all in lines 16 through 43;

On page 73, by striking all in lines 1 through 6 and inserting in lieu thereof the following:

``(f) During the fiscal year ending June 30, 1999, the secretary of social and rehabilitation
services and other heads of state agencies that are receiving moneys from the federal gov-
ernment under federal block grant programs or other federal programs that are available
for the Kansas fast start school readiness preschool program, shall make such applications
and request such approvals as may be necessary or expedient to allow moneys received
under the federal temporary assistance for needy families (TANF) program, the federal
child care and development block grant and such other available federal block grants or
other applicable federal programs to be used for the Kansas fast start school readiness
preschool program.

(g) In addition to the other purposes for which expenditures may be made by the de-
partment of education from the operating expenditures account of the state general fund
for the fiscal year ending June 30, 1999, as authorized by this or other appropriation act of
the 1998 regular session of the legislature, the department of education shall make expend-
itures to develop and administer a competitive grant program for community preschool
programs in Kansas communities which is hereby authorized and directed to be developed
and implemented by the department of education, which shall be designated to award grants
for establishing and maintaining preschool programs providing services primarily for at-risk
children and which shall be known as the Kansas fast start school readiness preschool pro-
gram: Provided, That in developing criteria for the competitive grant program for fast start
school readiness preschool program grants, the state board of education shall review pre-
school programs in other states, including those providing services for fees set on a sliding
scale, and, in addition to other factors and characteristics of successful preschool programs,
shall consider factors that assist parents who are in transition from receiving public assistance
to become successfully integrated into the workforce and shall utilize this information about
other successful preschool programs to assist in establishing the criteria for the grant pro-
gram for fast start school readiness preschool program grants: Provided further, That each
Kansas fast start school readiness preschool grant awarded by the state board of education
shall be for an early childhood development program that the state board of education
determines will provide for or otherwise directly assist in assuring the school readiness and
healthy development of preschool aged Kansas residents: And provided further, That, in
issuing requests for proposals and making such grants, the state board of education shall
encourage proposals for new or innovative preschool programs in addition to established
preschool programs: And provided further, That fast start school readiness preschool pro-
gram grants shall be awarded annually on a competitive basis and may be renewed: And
provided further, That the state board of education shall designate annually a portion of all
moneys appropriated for fast start school readiness preschool program grants, which shall
be equal to not less than 25% of all moneys appropriated for fast start school readiness
preschool program grants, for grants to community preschool programs serving at-risk chil-
dren with emotional or behavioral disorders: And provided further, That, in addition to
other criteria that may be established by the state board of education, eligibility criteria for
fast start school readiness preschool grants shall include that: (1) The application shall be
jointly submitted by the public school district, community mental health center and the
county health department and shall be coordinated with other programs and services in the
community and shall be developed through collaboration with representatives of involved
public and private agencies and organizations such as public schools, community mental
health centers and other licensed mental health providers, human services agencies, families
and parents needing preschool and child care services, law enforcement agencies, busi-
nesses, religious organizations, civil and youth organizations, public health agencies, state
and local governmental entities and other interested community entities; (2) the preschool
program shall be based on a successful preschool program model; (3) a primary focus for
the preschool programs shall be to provide services for at-risk children; (4) qualified teachers
and special services professionals shall provide the direct services to the children in the
program; and (5) each applicant shall demonstrate that the applicant has applied for and
has utilization plans for available funding from federal, state and local sources to meet the
needs of the at-risk children and other children served by the preschool program and to
prevent duplication of services and funding: And provided further, That the state board of
education shall issue requests for fast start school readiness preschool program grants an-
nually and grant applications shall be reviewed, evaluated and ranked by an evaluation team
appointed by the governor which shall include one or more educators, mental health pro-
viders, representatives of local public health and environment and early childhood devel-
opment specialists and other appropriately qualified professionals: And provided further,
That the governor shall appoint the members of the evaluation team so that the number of
persons appointed who are affiliated with any one political party do not constitute a majority
of the members of the evaluation team: And provided further, That all applications for fast
start school readiness preschool program grants shall be evaluated, ranked and funded in
accordance with quality indicators developed by the evaluation team: And provided further,
That such quality indicators shall be consistent with the program curriculum and assessment
guidelines developed and adopted by the national association for the education of young
children: And provided further, That fast start school readiness preschool program grants
shall be awarded in accordance with the recommendations of the evaluation team: And
provided further, That, as used in this section for the purposes of the Kansas fast start school
readiness preschool program:

(A) ``At-risk children'' means those children who are Kansas residents, who are four
years of age and who have attributes or characteristics which are determined by the state
board of education to constitute significant factors which negatively affect the ability of such
children to successfully attend and complete an elementary and secondary education and
which shall include such children who have one or more of the following attributes or
characteristics: (i) Living in poverty or under other circumstances which would qualify the
children for free meals under the national school lunch program, (ii) having emotional or
behavioral disorders, (iii) being referred to the preschool program for services by the de-
partment of social and rehabilitation services, (iv) having teenaged parents, (v) living in a
family that is eligible to receive benefits or services under the federal women, infants and
children program administered by the department of health and environment, (vi) being
eligible or living in a family that is eligible for assistance under the state temporary assistance
to families program or another assistance program of the department of social and rehabil-
itation services funded through the federal temporary assistance to needy families (TANF)
block grant or (vii) having parents who are in transition from receiving public assistance to
being integrated into the workforce;

(B) ``preschool program model'' means a preschool program model developed by the
national association for the education of young children and includes other successful pre-
school program models as determined by the state board of education; and

(C) ``qualified teachers'' includes certified teachers with endorsements in early child-
hood, elementary education, family and consumer science, or bachelors degrees in early
childhood, human development and family life or any other appropriate area as approved
by the state board of education.'';

Also on page 73, in line 22, preceding the period, by inserting the following: ``: Provided
further, That the state librarian generates programs to work with local libraries to develop
locally adopted policies for managing internet access to illegal information on library com-
puters''; after line 29, by inserting the following:

``Provided, That, of the money appropriated in the federal library services and technology
act--fund, $150,000 is to be used to purchase the first search database and $107,306 is to
be used to purchase an online public access catalog for the state library.'';

On page 74, by striking all in lines 29 and 30;

On page 75, following line 5, by inserting the following:

``Any unencumbered balance in excess of $100 as of June 30, 1998, in the technology lending
library account is hereby reappropriated for fiscal year 1999: Provided, however, That all
expenditures from the technology lending library account shall be made only for the purpose
of matching an equal or greater amount of federal or other nonstate governmental grant
moneys or private grant or donation moneys, or any combination thereof, received by the
Kansas state school for the blind: Provided further, That no expenditures shall be made
from this account except upon approval of the state finance council acting on this matter
which is hereby characterized as a matter of legislative delegation and subject to the guide-
lines prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto, after re-
ceiving information that the Kansas state school for the blind has received the required
matching funds.'';

On page 76, in line 27, by striking ``$5,793,874'' and inserting in lieu thereof ``$5,844,239'';

On page 77, following line 32, by inserting the following:

``Economic development initiatives fund

$101,560

(c) On September 15, 1998, December 15, 1998, March 15, 1999, and June 15, 1999,
or as soon thereafter as moneys are available, the director of accounts and reports shall
transfer amounts specified by the executive director of the state historical society from the
Kansas economic development endowment account of the state economic development
initiatives fund of the department of commerce and housing to the economic development
initiatives fund of the state historical society. Such transfers, in the aggregate, shall not
exceed $100,000 during the fiscal year ending June 30, 1999.

(d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $1,560 from the Kansas economic development endowment
account of the state economic development initiatives fund of the department of commerce
and housing to the economic development initiatives fund of the state historical society.'';

Also on page 77, in line 43, by striking ``136.5'' and inserting in lieu thereof ``138.5'';

On page 84, in line 41, by striking ``$6,230,126'' and inserting in lieu thereof ``No limit'';
in line 42, by striking ``$3,203,820'' and inserting in lieu thereof ``No limit'';

On page 85, in line 7, by striking ``$9,266,335'' and inserting in lieu thereof ``$9,309,505'';

On page 86, in line 18, by striking ``$27,619,624'' and inserting in lieu thereof
``$27,569,624'';

On page 90, in line 28, by striking ``$118,230,231'' and inserting in lieu thereof
``$118,242,067''; in line 32, by striking ``$5,786,239'' and inserting in lieu thereof
``$5,636,239'';

On page 93, after line 26, by inserting the following:

``Hugoton natural gas area--economic development initiatives fund

$150,000'';

On page 94, after line 6, by inserting the following:

``(f) On July 15, 1998, or as soon thereafter as moneys are available, the director of
accounts and reports shall transfer $150,000 from the Kansas economic development en-
dowment account of the state economic development initiatives fund of the department of
commerce and housing to the Hugoton natural gas area -- economic development initiatives
fund of the university of Kansas.'';

On page 99, in line 22, preceding the period, by inserting: ``: And provided further, That
any salary increases granted to the chief executive officer at the regents institutions during
fiscal year 1999 shall not exceed the average percentage salary increase granted to full
professors systemwide in fiscal year 1999'';

On page 100, after line 21, by inserting the following:

``(b) There is appropriated for the above agency from the state general fund for the
fiscal year or years specified, the following:

Technology equipment at regents institutions For the fiscal year ending June 30, 1999	$1,666,666
For the fiscal year ending June 30, 2000	$1,666,667
For the fiscal year ending June 30, 2001	$1,666,67'';

And by relettering subsections accordingly;

On page 101, by striking all in line 43;

On page 102, by striking all in lines 1 through 13;

And by relettering subsections accordingly;

On page 106, after line 35, by inserting the following:

``STARBASE educational program fund

No limit

(c) On July 15, 1998, or as soon thereafter as moneys are available, the director of
accounts and reports shall transfer $150,000 from the Kansas economic development en-
dowment account of the state economic development initiatives fund of the department of
commerce and housing to the STARBASE educational program fund of the adjutant gen-
eral.'';

On page 107, in line 1, by striking ``$2,348,099'' and inserting in lieu thereof ``$2,419,418'';
following line 4, by inserting the following:

``Gifts, grants and donations fund

$45,000'';

Also on page 107, in line 42, by striking ``$23,435,202'' and inserting in lieu thereof
``$23,891,012'';

On page 110, in line 5, by striking ``$10,924,568'' and inserting in lieu thereof
``$11,348,650''; in line 34, by striking ``$150,000'' and inserting in lieu thereof ``No limit'';

On page 111, by striking all in lines 25 through 29; in line 34, by striking ``$23,878,619''
and inserting in lieu thereof ``$23,802,977''; after line 36, by inserting the following:

``Provided, That the daily rate paid to juvenile detention centers to house juvenile offenders
in state custody be increased from $75 to $140 per juvenile offender.'';

On page 112, in line 2, by striking ``$24,546,608'' and inserting in lieu thereof
``$24,598,232'';

On page 114, in line 3, by striking ``$5,538,835'' and inserting in lieu thereof ``$5,590,459'';
in line 4, by striking ``$3,921,545'' and inserting in lieu thereof ``$3,921,549''; after line 10,
by inserting the following:

``(k) No expenditures shall be made from any moneys appropriated in this section for
the purpose of hiring consultants after July 1, 1998.'';

Also on page 114, in line 37, by striking ``$312,835'' and inserting in lieu thereof
``$314,404'';

On page 115, in line 19, by striking ``$176,131'' and inserting in lieu thereof ``$174,562'';
in line 31, by striking ``40.0'' and inserting in lieu thereof ``41.0''; in line 33, by striking
``774.8'' and inserting in lieu thereof ``785.8''; in line 34, by striking ``196.5'' and inserting in
lieu thereof ``193.5''; by striking all in lines 35 through 38;

On page 118, in line 30, by striking ``$578,744'' and inserting in lieu thereof ``$615,053'';

On page 119, by striking all in lines 8 through 10 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:

EDIF--operating expenditures fund

$130,000

(b) On July 15, 1998, or as soon thereafter as moneys are available, the director of
accounts and reports shall transfer $130,000 from the Kansas economic development en-
dowment account of the state economic development initiatives fund of the department of
commerce and housing to the EDIF -- operating expenditures fund of the state fair board.'';

And by relettering subsections accordingly;

Also on page 119, after line 43, by inserting the following:

``Kansas water quality buffer initiatives

$80,000

Provided, That all expenditures from the Kansas water quality buffer initiative account shall
be for grants or incentives to install water quality best management practices in the Kansas--
Lower Republican River basin under the governor's water quality initiative: Provided fur-
ther, That such expenditures may be made from this account from the approved budget
amount for fiscal year 1999 in accordance with contracts, which are hereby authorized to
be entered into by the executive director of the state conservation commission on behalf of
the commission, for such grants or incentives: And provided further, That such contracts
may provide for such expenditures from the approved budget amount for fiscal year 1999
to be made pursuant to encumbrances for expenditure after June 30, 1999: Provided, how-
ever, That expenditures from this account for contractual educational and technical assis-
tance for fiscal year 1999 shall not exceed the amount equal to 15% of the approved budget
amount for fiscal year 1999.'';

On page 120, in line 5, by striking ``$9,633,250'' and inserting in lieu thereof ``$9,983,250'';
by striking all in lines 15 through 27; in line 32, by striking ``$4,450,000'' and inserting in
lieu thereof ``$4,800,000'';

On page 121, in line 29, by striking ``$9,633,250'' and inserting in lieu thereof
``$9,983,250'';

On page 122, by striking all in lines 2 through 7; in line 22, by striking ``$2,876,622'' and
inserting in lieu thereof ``$2,877,117'';

On page 123, in line 26, by striking ``$19,843,222'' and inserting in lieu thereof
``$19,835,822'';

On page 124, following line 30, by inserting the following:

``State agricultural production fund

No limit'';

On page 125, in line 1, by striking ``$182,000'' and inserting in lieu thereof ``$50,000'';
after line 26, by inserting the following:

``(g) In addition to the other purposes for which expenditures may be made by the
department of wildlife and parks from the moneys appropriated in the wildlife conservation
fund for the fiscal year ending June 30, 1999, as authorized by this or other appropriation
act of the 1998 regular session of the legislature, expenditures shall be made from the wildlife
conservation fund for the purpose of repairing or replacing bridge no. R3-CHBW-06 at the
Cheyenne Bottoms wildlife area: Provided, That, upon completion of the repair or replace-
ment project, such bridge shall be not less than 22 feet in width and shall have a load
capacity of not less than 40 tons.''; in line 34, by striking ``29.0'' and inserting in lieu thereof
``30.0''; in line 37, by striking ``14.0'' and inserting in lieu thereof ``13.5'';

On page 127, in line 13, by striking ``$7,962,315'' and inserting in lieu thereof
``$7,972,315''; in line 19, preceding the period, by inserting: ``: And provided further, That
in addition to the other purposes for which expenditures may be made by the above agency
from the moneys appropriated in the state highway fund for fiscal year 1999 by this or other
appropriation act of the 1998 regular session of the legislature, expenditures may be made
by the above agency from the state highway fund for fiscal year 1999 for the acquisition of
real estate for use as a materials storage and mixing strip for the subarea located at Pittsburg,
Kansas, by purchase or exchange for currently owned real estate, to replace the materials
storage and mixing strip located at the south edge of Girard, Kansas, on state highway K-
7'';

On page 128, in line 24, by striking ``net'' and inserting in lieu thereof ``gross'';

On page 129, in line 28, by striking ``net'' and inserting in lieu thereof ``gross'';

On page 130, in line 12, by striking ``net'' and inserting in lieu thereof ``gross'';

On page 132, following line 2, by inserting the following:

``Sec. 106. (a) No moneys appropriated for the fiscal year ending June 30, 1999, to the
attorney general or to any other state agency shall be expended for any contingency fee
payments or any other compensation payments to any law firm that entered into the en-
gagement and contingency agreement with the attorney general, pursuant to such engage-
ment and contingency agreement, or for any activities or operations of the attorney general
or the office of the attorney general conducted or undertaken for the implementation or
administration of or for any other purpose regarding such engagement and contingency
agreement, except as specifically authorized and directed by this act with respect to ter-
minating such engagement and contingency agreement, nor shall any other funds of any
agency of the state government of Kansas be utilized for any such purpose. It is the intent
of this section to invoke and exercise the ``termination due to lack of funding appropriation''
clause, contained in the contractual provisions attachment form DA-146a, of the engage-
ment and contingency agreement.

(b) The attorney general is hereby authorized and directed to terminate forthwith the
engagement and contingency agreement entered into by the attorney general with such law
firms pursuant to the ``termination due to lack of funding appropriation'' clause, contained
in the contractual provisions attachment form DA-146a, of the engagement and contingency
agreement.

(c) As used in this section:

(1) ``Attorney general'' means the attorney general of the state of Kansas and includes
any officer or employee of the office of the attorney general of the state of Kansas;

(2) ``law firm'' means any of the law firms of Entz & Chanay, P.A., Scruggs, Millette,
Lawson, Bozeman & Dent, P. A., and Ness, Motley, Loadholt, Richardson & Poole, P.A.,
and includes any attorney who is a member of, who is employed by or who has contracted
with or is otherwise associated with or performing legal services for any such law firm;

(3) ``state agency'' has the meaning ascribed by K.S.A. 75-3701 and amendments
thereto;

(4) ``engagement and contingency agreement'' means the engagement and contingency
agreement entered into by the law firms with the attorney general to provide legal services
to the state of Kansas for the purpose of seeking injunctive relief, monetary relief, including,
without limitation, damages and civil penalties, and other relief against tobacco industry
companies and related entities in litigation arising from the advertising, marketing, manu-
facturing, promotion, sale and/or distribution of cigarettes and other tobacco products; and

(5) ``activities or operations'' means any normal operating activities or operations of the
attorney general or any of the officers or employees of the office of the attorney general
and includes any meetings, communications, legal work or any administrative activity of any
kind participated in or entered into or conducted in any manner by the attorney general or
any officer or employee of the office of the attorney general.

Sec. 107. On July 1, 1998, the provisions of K.S.A. 75-6801 and amendments thereto
are hereby suspended and shall be of no force and effect during the fiscal year ending June
30, 1999.

Sec. 108. (a) On or before October 1, 1998, each state agency named in this or any
other appropriation act of the 1998 regular session of the legislature shall submit a report
to the members of the legislative coordinating council, the chair, vice-chair and ranking
minority member of the senate committee on ways and means, the subcommittee chair of
the senate committee on ways and means that is assigned the state agency's budget for
review, the chair, vice-chair and ranking minority member of the House committee on
appropriations, and the subcommittee chair of the House committee on appropriations that
is assigned the state agency's budget for review. Such report shall detail (1) any special
revenue fund receipts for the fiscal year ending June 30, 1998, which were in excess of those
amounts included in the budget for the fiscal year ending June 30, 1998, of the state agency
as approved by the legislature during 1998 regular session, (2) any federal grants received
by such agency which were not included in the budget for the fiscal year ending June 30,
1998, of such state agency as approved by the legislature during 1998 regular session, and
(3) any moneys received by the state agency from nongovernmental sources which were not
included in the budget for the fiscal year ending June 30, 1998, of such state agency as
approved by the legislature during 1998 regular session.

(b) On or before the first day of the 1999 regular session of the legislature each state
agency named in this or any other appropriation act of the 1998 regular session of the
legislature shall submit a report to the members of the legislative coordinating council, the
chair, vice-chair and ranking minority member of the senate committee on ways and means,
the subcommittee chair of the senate committee on ways and means that is assigned the
state agency's budget for review, the chair, vice-chair and ranking minority member of the
House committee on appropriations, and the subcommittee chair of the House committee
on appropriations that is assigned the state agency's budget for review. Such report shall
detail (1) any special revenue fund receipts for the fiscal year ending June 30, 1999, which
are projected to be in excess of those amounts included in the budget for the fiscal year
ending June 30, 1999, of the state agency as approved by the legislature during 1998 regular
session, (2) any federal grants received or anticipated to be received by the state agency
which were not included in the budget for the fiscal year ending June 30, 1999, of the state
agency as approved by the legislature during 1998 regular session, and (3) any moneys
received or anticipated to be received by the state agency from nongovernmental sources
which were not included in the budget for the fiscal year ending June 30, 1999, of such
state agency as approved by the legislature during 1998 regular session.

Sec. 109.

UNIVERSITY OF KANSAS (a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following: