March 31, 1998

Journal of the Senate

FIFTY-FIFTH DAY ______

Senate Chamber Topeka, Kansas

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

The Senate was called to order by President Dick Bond.

The roll was called with forty senators present.

Invocation by Chaplain Fred S. Hollomon:

Heavenly Father,

With April Fool's Day on the horizon, we should be reminded that the Psalmist
tells us that the fool has said in his heart, `` There is no God.'' (Psalm 14:1)
That is easy to believe since You, O God, can be seen in so many ways.

We see You in Your creation:

  The stunning beauty of Your sunsets.

  The undulating hills of flint.

We see You in Your creatures:

  The amazing variety of fish and fowl and four-leggeds.

  The exquisite symmetry of the human body.

  The incomparable smile of a child.

But most of all we see You in. . . . . .

  The Good Shepherd Who seeks and saves the lost. (Luke 19:10)

  The True Vine of Whom we are the branches. (John 15:5)

  The Lamb of God Who takes away the sin of the world. (John 1:29)

So we thank You for all the evidence that You not only exist, but that You respond
to our praise and petitions.

I pray in Jesus' Name,

AMEN

MESSAGE FROM THE GOVERNOR

SB 472, 473, 474, 504 approved on March 27, 1998.

Also, SB 211, 397 approved on March 28, 1998.

March 31, 1998 To the Senate of the State of Kansas:

Submitted herewith for confirmation by the Senate are appointments made by me as
Governor of the State of Kansas as of March 31, 1998, pursuant to law.

Bill Graves

Governor

Member, Board of Indigents' Defense Services, Brenda Cejda Wright, pursuant to the au-
thority vested in me by K.S.A. 22-4519, effective upon the date of confirmation by the
Senate to serve a three-year term ending January 15, 2001.

Member, Kansas, Inc., Alan R. Hoffman, pursuant to the authority vested in me by K.S.A.
74-8001, effective upon the date of confirmation by the Senate to serve a four-year term
ending January 15, 2002.

Member, Kansas, Inc., Deryl K. Schuster, pursuant to the authority vested in me by K.S.A.
74-8001, effective upon the date of confirmation by the Senate to serve a four-year term
ending January 15, 2002.

Member, Kansas Technology Enterprise Corporation, Tracy Taylor, pursuant to the author-
ity vested in me by K.S.A. 74-8101, effective upon the date of confirmation by the Senate
to serve a four-year term ending January 15, 2002.

Member, Kansas Technology Enterprise Corporation, Thomas W. Sarowski, pursuant to the
authority vested in me by K.S.A. 74-8101, effective upon the date of confirmation by the
Senate to serve a four-year term ending January 15, 2002.

COMMUNICATIONS FROM STATE OFFICERS

COLORADO HOUSE OF REPRESENTATIVES March 26, 1998 Chuck Berry, Speaker of the House, Colorado House of Representatives, submitted
House Joint Resolution 98-1013, which was adopted by the Second Regular Session of the
61st General Assembly of the State of Colorado.

The President announced the above report is on file in the office of the Secretary of the
Senate and is available for review at any time.

MESSAGE FROM THE HOUSE

Announcing passage of HB 2993.

Also, passage of SB 482, as amended, 507, as amended, 516, as amended, 536, as
amended.

The House nonconcurs in Senate amendments to HB 2419, requests a conference and
has appointed Reps. Freeborn, Johnson and Phelps as conferees on the part of the House.

The House nonconcurs in Senate amendments to Substitute HB 2630, requests a con-
ference and has appointed Reps. Mayans, Gilmore and Henry as conferees on the part of
the House.

The House nonconcurs in Senate amendments to HB 2636, requests a conference and
has appointed Reps. Wilson, Tomlinson and Kirk as conferees on the part of the House.

The House nonconcurs in Senate amendments to HB 2782, requests a conference and
has appointed Reps. Hayzlett, Howell and Dillon as conferees on the part of the House.

The House nonconcurs in Senate amendments to HB 2837, requests a conference and
has appointed Reps. O'Neal, Shore and Reardon as conferees on the part of the House.

The House nonconcurs in Senate amendments to HB 2867, requests a conference and
has appointed Reps. Carmody, Presta and Garner as conferees on the part of the House.

The House nonconcurs in Senate amendments to HB 2868, requests a conference and
has appointed Reps. Freeborn, Johnson and McClure as conferees on the part of the House.

The House nonconcurs in Senate amendments to HB 2877, requests a conference and
has appointed Reps. Phil Kline, Farmer and Helgerson as conferees on the part of the
House.

The House nonconcurs in Senate amendments to HCR 5042, requests a conference and
has appointed Reps. Mayans, Gilmore and Henry as conferees on the part of the House.

The House accedes to the request of the Senate for a conference on House Substitute
for SB 439 and has appointed Reps. Wilson, Tomlinson and Kirk as conferees on the part
of the House.

The House accedes to the request of the Senate for a conference on SB 489 and has
appointed Reps. Glasscock, Powers and Nichols as conferees on the part of the House.

The House accedes to the request of the Senate for a conference on SB 495 and has
appointed Reps. Phil Kline, Farmer and Helgerson as conferees on the part of the House.

The House accedes to the request of the Senate for a conference on SB 535 and has
appointed Reps. Mayans, Morrison and Henry as conferees on the part of the House.

The House accedes to the request of the Senate for a conference on SB 554 and has
appointed Reps. Mason, Vickrey and Henderson as conferees on the part of the House.

The House concurs in Senate amendments to HB 2729.

The House concurs in Senate amendments to HB 2854.

The House concurs in Senate amendments to HB 2899.

The House concurs in Senate amendments to HB 2902.

The House concurs in Senate amendments to HB 2590 and requests the Senate to return
the bill.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS

HB 2993 was thereupon introduced and read by title.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR

Senator Steffes moved the Senate concur in house amendments to SB 462.

SB 462, An act concerning the uniform consumer credit code; relating to definitions of
certain terms; amending K.S.A. 16a-2-304 and 16a-2-309 and K.S.A. 1997 Supp. 16a-1-301
and repealing the existing sections.

On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae-
ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger,
Vidricksen.

The Senate concurred.

Senator Steffes moved the Senate concur in house amendments to SB 470.

SB 470, An act concerning consumer credit code; maximum finance charge on consumer
credit sales; amending K.S.A. 1997 Supp. 16a-2-201 and repealing the existing section.

On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae-
ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger,
Vidricksen.

The Senate concurred.

Senator Praeger moved the Senate concur in house amendments to SB 507.

SB 507, An act concerning the state board of pharmacy; relating to grounds for discipli-
nary actions; concerning civil fines; licensure; amending K.S.A. 65-1627f, 65-1631, 65-1632
and 65-1645 and K.S.A. 1997 Supp. 65-1627 and 65-1658 and repealing the existing sections.

On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae-
ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger,
Vidricksen.

The Senate concurred.

On motion of Senator Hardenburger the Senate nonconcurred in the House amendments
to SB 469 and requested a conference committee be appointed.

The President appointed Senators Hardenburger, Becker and Gooch as a conference
committee on the part of the Senate.

On motion of Senator Emert the Senate nonconcurred in the House amendments to SB
482 and requested a conference committee be appointed.

The President appointed Senators Emert, Pugh and Goodwin as a conference committee
on the part of the Senate.

On motion of Senator Emert the Senate nonconcurred in the House amendments to SB
516 and requested a conference committee be appointed.

The President appointed Senators Emert, Pugh and Goodwin as a conference committee
on the part of the Senate.

On motion of Senator Emert the Senate nonconcurred in the House amendments to SB
536 and requested a conference committee be appointed.

The President appointed Senators Emert, Pugh and Goodwin as a conference committee
on the part of the Senate.

On motion of Senator Hardenburger the Senate nonconcurred in the House amendments
to SB 556 and requested a conference committee be appointed.

The President appointed Senators Hardenburger, Becker and Lee as a conference com-
mittee on the part of the Senate.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS

Senators Steineger, Gilstrap and Jones introduced the following Senate resolution, which
was read:

SENATE RESOLUTION No. 1845--

A RESOLUTION congratulating and commending the Bridging the Gap: Girls' Time Out program of the Kansas City, Kansas, YWCA. WHEREAS, The Bridging the Gap: Girls' Time Out program of the Kansas City, Kansas,
YWCA was awarded a Best of Wyandotte County Award by the Wyandotte County Eco-
nomic Development Council at its fourth annual awards banquet on March 25, 1998, at the
Reardon Civic Center in Kansas City, Kansas; and

WHEREAS, This program provides counseling to girls 9 to 18 years old in a variety of
areas, including health exams, art activities, alcohol and drug awareness, nutrition and fit-
ness, violence prevention and communicating with parents: Now, therefore,

Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
the Bridging the Gap: Girls' Time Out program of the Kansas City, Kansas, YWCA on being
selected to receive a Best of Wyandotte County Award; and

Be it further resolved: That the Secretary of the Senate be directed to provide an en-
rolled copy of this resolution to YWCA of Kansas City, Kansas, 1017 N. 6th, Kansas City,
Kansas 66101.

On emergency motion of Senator Steineger SR 1845 was adopted unanimously.

Senators Steineger, Gilstrap and Jones introduced the following Senate resolution, which
was read:

SENATE RESOLUTION No. 1846--

A RESOLUTION congratulating and commending the Bethel Neighborhood Center's Children and Youth Program. WHEREAS, The Bethel Neighborhood Center's Children and Youth Center was
awarded a Best of Wyandotte County Award by the Wyandotte County Economic Devel-
opment Council at its fourth annual awards banquet on March 25, 1998, at the Reardon
Civic Center in Kansas City, Kansas; and

WHEREAS, The Bethel Neighborhood Center's Children and Youth Center concen-
trates on teaching social skills, to include accepting ``no'' as an answer, greeting others
appropriately, accepting consequences, volunteering and making an apology: Now, there-
fore,

Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
the Bethel Neighborhood Center's Children and Youth Center upon being selected to re-
ceive a Best of Wyandotte County Award; and

Be it further resolved: That the Secretary of the Senate be directed to provide an en-
rolled copy of this resolution to Bethel Neighborhood Center, 14 S. 7th, Kansas City, Kansas
66101.

On emergency motion of Senator Steineger SR 1846 was adopted unanimously.

Senators Steineger, Gilstrap and Jones introduced the following Senate resolution, which
was read:

SENATE RESOLUTION No. 1847--

A RESOLUTION congratulating and commending the Duchesne Clinic. WHEREAS, The Duchesne Clinic was awarded a Best of Wyandotte County Award by
the Wyandotte County Economic Development Council at its fourth annual awards banquet
on March 25, 1998, at the Reardon Civic Center in Kansas City, Kansas; and

WHEREAS, The Duchesne Clinic provides primary health care to the uninsured poor.
The clinic is operated by the Sisters of Charity of Leavenworth with a staff of volunteer
physicians and nurses. It also has referral physicians who provide specialized volunteer
services: Now, therefore,

Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
the Duchesne Clinic upon being selected to receive a Best of Wyandotte County Award;
and

Be it further resolved: That the Secretary of the Senate be directed to provide an en-
rolled copy of this resolution to Duchesne Clinic, 636 Tauromee Avenue, Kansas City,
Kansas 66101.

On emergency motion of Senator Steineger SR 1847 was adopted unanimously.

Senators Steineger, Gilstrap and Jones introduced the following Senate resolution, which
was read:

SENATE RESOLUTION No. 1848--

A RESOLUTION congratulating and commending Patricia A. Dysart. WHEREAS, Patricia A. Dysart, volunteer director of the Concerned Citizens of Ar-
mourdale, was given a Best of Wyandotte County Award by the Wyandotte County Eco-
nomic Development Council at its fourth annual awards banquet on March 25, 1998, at the
Reardon Civic Center in Kansas City, Kansas; and

WHEREAS, The award to Patricia A. Dysart was the first Citizenship Award given to an
individual for exemplifying the spirit of neighborliness; and

WHEREAS, Patricia A. Dysart, 59, and a Wyandotte County native, in addition to her
work with Concerned Citizens of Armourdale, has coached and cooked lunches at St. Pat-
rick's Elementary School, operated a restaurant and private club, and helped coordinate the
Christmas in October home-rehabilitation program in the Armourdale area: Now, therefore,

Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Patricia A. Dysart upon being selected to receive a Best of Wyandotte County Award; and

Be it further resolved: That the Secretary of the Senate be directed to provide an en-
rolled copy of this resolution to Patty Dysart, 2109 Ridge, Kansas City, Kansas 66101.

On emergency motion of Senator Steineger SR 1848 was adopted unanimously.

Senator Steineger introduced Patricia Dysart.

Senators Oleen, Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Don-
ovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington,
Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger
and Vidricksen introduced the following Senate resolution, which was read:

SENATE RESOLUTION No. 1849--

A RESOLUTION congratulating and commending the 1997 Kansas State University football team. WHEREAS, The 1997 Kansas State University (K-State) football team ended the regular
season with a 10-1 record, finished the season with a tremendous 35-18 victory over Syracuse
in the 1997 Fiesta Bowl and was ranked seventh in the nation in the final Associated Press
poll; and

WHEREAS, The K-State ``Wildcats'' are coached by Bill Snyder, who in his nine seasons
at K-State has amassed a 66-37-1 coaching record including five consecutive bowl games.
He is credited with orchestrating the greatest turnaround in college football; and

WHEREAS, The team's co-captains for the 1997 season were Eric Hickson, Travis Ochs,
Mark Simoneau, Todd Weiner and Ryan Young; and

WHEREAS, The K-State Wildcats were ranked in the top 25 for 50 consecutive weeks,
and were nationally ranked for 75 of the past 79 polls. It is one of just six schools in the
nation to win nine games in each of the past five seasons. The K-State defense has been the
cornerstone of the Wildcats' success. K-State finished fourth in the nation in total defense
in 1997 after leading the nation in 1995 and being No. 16 in 1996. The team ended the
regular season ranked No. 3 in the nation in kickoff returns and No. 14 in punt returns. The
K-State offense rushed for 2,422 yards and 29 touchdowns this season; and

WHEREAS, Kansas State University was recognized by Paul Harvey in his December
17, 1997, broadcast by saying that ``some smaller schools have a bigger per capita impact.
Kansas State University in Manhattan, Kansas, generates both scholars and athletes in num-
bers all out of proportion to the school's 20,000 enrollment''; and

WHEREAS, The team's coaches are head coach Bill Snyder, assistant coaches Ron Hud-
son, Mark Mangino, Greg Peterson, Mike Stoops, Jon Fabris, Larry Kramer, Mo Latimore,
Michael Smith and Brent Venables, graduate assistants Chuck Culver and Matt Miller plus
assistant athletic director for football operations Sean Snyder, strength coach Rod Cole,
head trainer Jim Kleinau and video specialist Scott Eilert: Now, therefore,

Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
the 1997 Kansas State University football team for its successful season; and

Be it further resolved: That the Secretary of the Senate be directed to provide an en-
rolled copy of this resolution to Dr. Jon Wefald, President, Kansas State University; Max
Urick, Director of Athletics; and 10 copies to Coach Bill Snyder, all in care of Vanier Football
Complex, Kansas State University, Manhattan, Kansas 66506.

On emergency motion of Senator Oleen SR 1849 was adopted unanimously.

Team members and coaches were welcomed with a standing ovation. Coach Snyder
thanked everyone for the recognition and spoke of similarities between legislators and team
members. Accomplishments of team members in the classroom were noted, as well as
working with underprivileged youth, senior citizens, the Big Brothers Program and reading
to children in the schools.

REPORTS OF STANDING COMMITTEES

Committee on Ways and Means recommends HB 2149 be amended by substituting
a new bill to be designated as ``SENATE Substitute for HOUSE BILL No. 2149,'' as follows:

``SENATE Substitute for HOUSE BILL No. 2149 By Committee on Ways and Means

``AN ACT concerning the Kansas public employees retirement system and systems there-
under; relating to benefits and contributions; elections; prior service; disability; termi-
nation of employment; assignment of offices; postretirement benefit increase; real estate
investment standards; police or firemen, definition; court reporters; making appropria-
tions for the fiscal year ending June 30, 1999, for the Kansas public employees retirement
system; amending K.S.A. 20-2601a, 20-2606 and 74-4953 and K.S.A. 1997 Supp. 74-
4902, 74-4907, 74-4911, 74-4913, 74-4914, 74-4917, 74-4920, 74-4921, 74-4937, 74-
4952, 74-4956, 74-4957, 74-4957a, 74-4960, 74-4960a, 74-4963, 74-4963a, 74-4988 and
74-4992 and repealing the existing sections.''; and the substitute bill be passed.

Also SB 642 be amended on page 2, in line 26, by striking ``$625,596'' and inserting in
lieu thereof ``$494,273'';

On page 3, in line 32, by striking ``$504,326'' and inserting in lieu thereof ``$517,276'';

On page 4, in line 7, by striking ``$1,770,564'' and inserting in lieu thereof ``$1,812,864'';
by striking all in lines 16 through 19; in line 38, by striking ``the'' where it appears for the
last time; also in line 38, by striking the semicolon and inserting a comma;

And by relettering the remaining subsection accordingly;

On page 6, in line 38, by striking ``$10,368,565'' and inserting in lieu thereof
``$13,718,565'';

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

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 12, by striking ``85.8'' and inserting in lieu thereof ``86.8''; in line 26,
by striking ``$246,702'' and inserting in lieu thereof ``$246,966''; in line 29, by striking
``$3,232'' and inserting in lieu thereof ``$4,785'';

On page 19, by striking all in line 18; in line 24, by striking ``$73,645,877'' and inserting
in lieu thereof ``$73,675,274''; in line 27, by striking ``$337,430'' and inserting in lieu thereof
``$360,143''; in line 40, preceding the period, by inserting: ``: And provided further, That the
Kansas citizens justice initiative should incorporate a consideration of the recommendations
of the performance audit report by the legislative division of post audit entitled ``Reviewing
the Kansas Court System's Allocation of Staff Resources to the District Courts'' in its final
report'';

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 per diem compensation and travel and subsistence
for legislative members of the permanent families account advisory committee, as authorized
by subsection (d)(2) of K.S.A. 1997 Supp. 38-1808, and amendments thereto.'';

Also on page 20, in line 35, by striking ``$4,665,482'' and inserting in lieu thereof
``$4,675,482'';

On page 21, in line 37, by striking all after ``shall''; in line 38, by striking all before ``be'';

On page 23, in line 25, by striking ``$12,564,625'' and inserting in lieu thereof
``$12,830,764: Provided, That, within such limitation on the aggregate of expenditures, ex-
penditures made for fiscal year 1999 from the public service regulation fund, the motor
carrier license fees fund and the conservation fee fund for official hospitality shall not exceed,
in the aggregate, $600.'';

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

On page 31, after line 11, by inserting the following:

``Provided, That expenditures may be made from the Topeka state hospital transition fund
for the fiscal year ending June 30, 1999, for consultant services relating to the sale or other
disposition of the Topeka state hospital property and for operating expenditures for the
operation and maintenance of the Topeka state hospital property, including any expenses
for operating heating plants and other facilities and for the security and repair of the Topeka
state hospital property: Provided further, That, notwithstanding the provisions of K.S.A. 75-
3307 and 75-3316 and amendments thereto, the secretary of administration is hereby given
temporary custody and control of the Topeka state hospital property and is authorized to
permit the use of the Topeka state hospital property by other state agencies, to enter into
agreements with such state agencies therefor, to fix and alter charges for use of the Topeka
state hospital property in such amounts as the secretary of administration may determine
to be beneficial or necessary, and to fix, charge and collect fees for operating expenses
incurred to provide heating services for buildings and facilities on the Topeka state hospital
property: And provided further, That such fees shall be fixed in order to recover all or part
of such operating expenses: And provided further, That, notwithstanding the provisions of
K.S.A. 75-3316 and amendments thereto, all moneys received for such charges or fees shall
be deposited in the state treasury to the credit of this fund.'';

Also on page 31, preceding line 13, by inserting the following:

``Public broadcasting equipment grants EDIF fund

$200,000

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

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

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

(j) In addition to the other purposes for which expenditures may be made by the above
agency from moneys appropriated from the state general fund or any special revenue fund
for the fiscal year ending June 30, 1999, by this or any other appropriation act of the 1998
regular session of the legislature, expenditures may be made by the above agency from the
moneys appropriated from the state general fund or from any special revenue fund for fiscal
year 1999 for operating expenditures for the operation and maintenance of the Topeka state
hospital property, including any expenses for operating heating plants and other facilities
and for the security and repair of the Topeka state hospital property: Provided, That all
expenditures from any such special revenue fund for such purposes shall be in addition to
any expenditure limitation imposed on such special revenue fund for fiscal year 1999.

(k) In addition to the other purposes for which expenditures may be made by the above
agency from moneys appropriated from the state general fund or any special revenue fund,
other than the Topeka state hospital transition fund, for the fiscal year ending June 30, 1999,
as authorized by this or other appropriation act of the 1998 regular session of the legislature,
expenditures may be made by the above agency from moneys appropriated from the state
general fund or from any special revenue fund, other than the Topeka state hospital tran-
sition fund, for fiscal year 1999 for (1) expenses related to the review and consideration of
proposals and other matters relating to the potential disposition of the Topeka state hospital
property, as defined by this section, including but not limited to, expenditures for members
of the legislature who are members of any advisory committee which is hereby authorized
to be established for such purposes by the secretary of administration, for per diem com-
pensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-
3212 or 75-3223 and amendments thereto for attending meetings of such advisory com-
mittee, or attending a subcommittee meeting thereof authorized by such advisory committee
and (2) any expenses relating to any sale of any Topeka state hospital property, as defined
by this section.

(l) As used in this section, ``Topeka state hospital property'' means all state-owned land
and improvements in the city of Topeka, KS, which is in the area bounded by west sixth
street on the south, MacVicar Avenue on the east, Interstate 70 on the north, and Oakley
Avenue on the west, including the adjacent state-owned land west of Oakley Avenue.'';

On page 33, in line 7, by striking ``77.0'' and inserting in lieu thereof ``76.0''; in line 10,
by striking ``212.0'' and inserting in lieu thereof ``214.0''; in line 17, by striking ``$1,661,477''
and inserting in lieu thereof ``$1,666,477''; by striking all in lines 18 and 19;

On page 37, in line 19, by striking ``$8,575,870'' and inserting in lieu thereof ``$8,480,980'';

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

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

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
``$14,761,729'';

On page 43, in line 10, by striking ``$7,834,389'' and inserting in lieu thereof ``$7,982,829'';

On page 45, after line 12, by inserting the following:

``(i) In addition to other purposes for which expenditures may be made by the depart-
ment 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, expenditures shall be made by the department of
commerce and housing from such appropriations for fiscal year 1999 to transfer, effective
on the first day of the first payroll period chargeable to fiscal year 1999, the 2.0 full-time
equivalent employees of the department of commerce and housing who are engaged in the
operation of the state capitol tourist information center to the state historical society.'';

On page 47, in line 10, by striking ``92.0'' and inserting in lieu thereof ``90.0''; 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'';

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 ``$1,164,465''; 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'';

On page 50, in line 3, by striking ``$5,868,681'' and inserting in lieu thereof ``$5,199,163'';
in line 7, before ``approval'' 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''; in line 14, by
striking ``$510,880'' and inserting in lieu thereof ``$992,000''; 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 assistance'';

On page 51, 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''; 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 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 ``$717,458''; 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 ``$376,545''; 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''; 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 20, by
striking ``No limit'' and inserting in lieu thereof ``$60,000''; 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, 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 58, after line 39, by inserting the following:

``General fees fund

No limit

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

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

``Medical resources and collection fund

No limit

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

Also on page 59, by striking all in lines 7 through 12 and inserting in lieu thereof the
following:

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

Also on page 59, in line 30, by striking ``321.8'' and inserting in lieu thereof ``186.8''; in
line 37, by striking ``$85,907,768'' and inserting in lieu thereof ``$86,157,768'';

On page 60, in line 9, by striking ``$151,022,470'' and inserting in lieu thereof
``$151,122,470'';

On page 61, in line 11, by striking ``$149,663,570'' and inserting in lieu thereof
``$153,823,570''; in line 20, before the period, by inserting: ``; children's mental health ini-
tiative'';

On page 63, in line 13, by striking ``$246,883,661'' and inserting in lieu thereof
``$247,383,661'';

On page 67, by striking all in lines 24 through 37; in line 39, by striking ``$1,651,700,638''
and inserting in lieu thereof ``$1,659,750,638''; in line 41, preceding the period, by inserting:
``: Provided further, That any unencumbered balance in the general state aid account in
excess of $17,428,362 shall be transferred to the inservice education aid account of the state
general fund of the department of education to be used to fund approved inservice education
programs as authorized by K.S.A. 72-9601 et seq., and amendments thereto''; in line 42, by
striking ``$49,458,688'' and inserting in lieu thereof ``$49,278,688'';

On page 68, in line 26, by striking ``$920,506'' and inserting in lieu thereof ``$1,000,000'';
in line 27, by striking ``$42,494,118'' and inserting in lieu thereof ``$42,846,736''; after line
36, by inserting the following:

``Provided, That, in addition to moneys appropriated in the inservice education account, the
department of education may make expenditures from this account of any moneys trans-
ferred to this account from the general state aid account of the state general fund of the
department of education for approved inservice education programs as authorized by K.S.A.
72-9601 et seq., and amendments thereto.'';

On page 69, in line 7, by striking ``$50,000'' and inserting in lieu thereof ``$35,000''; in
line 14, by striking ``$1,600,000'' and inserting in lieu thereof ``$2,575,000''; after line 14, by
inserting the following:

``Provided, That expenditures shall be made by the department of education from the in-
novative program assistance account in an amount not to exceed $975,000 for grants to
school districts to provide for structured mentoring programs, including the HOSTS pro-
gram, in reading, mathematics, language arts or Spanish language arts.'';

Also on page 69, in line 15, by striking ``$50,000'' and inserting in lieu thereof ``$35,000'';
after line 15, by inserting the following:

``Provided, That expenditures from the environmental education program account shall be
made only if funding is available to match each $1 from the state with $2 from private or
other funding sources.'';

On page 74, by striking all in lines 29 and 30; in line 43, by striking ``$4,095,209'' and
inserting in lieu thereof ``$4,155,823'';

On page 75, following line 5, before the period, 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: And 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.'';

Also on page 75, in line 38, by striking ``$6,923,521'' and inserting in lieu thereof
``$7,046,432'';

On page 76, in line 27, by striking ``$5,793,874'' and inserting in lieu thereof ``$5,926,860'';

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

``Economic development initiatives fund

$1,560

(c) 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.

(d) In addition to other purposes for which expenditures may be made by the state
historical society 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 state historical society,
expenditures shall be made by the state historical society from such appropriations for fiscal
year 1999 to transfer, effective on the first day of the first payroll period chargeable to fiscal
year 1999, the 2.0 full-time equivalent employees of the department of commerce and
housing who are engaged in the operation of the state capitol tourist information center to
the state historical society and such employees are hereby transferred to be employees of
the state historical society; Provided, That the executive director of the state historical society
shall provide that the 2.0 full-time equivalent employees of the department of commerce
and housing who are engaged in the operation of the state capitol tourist information center
are transferred to the state historical society: Provided further, That the employees of the
department of commerce and housing who are transferred to the state historical society
shall retain all retirement benefits and leave rights which have accrued or vested prior to
the date of the transfer: And provided further, That the service of each such employee so
transferred shall be deemed to have been continuous: And provided further, That all trans-
fers, layoffs and abolition of classified service positions under the Kansas civil service act
which may result from such program transfers shall be made in accordance with the civil
service laws and any rules and regulations adopted thereunder: And provided further, That
nothing in this subsection shall affect the classified status of any transferred person employed
by the department of commerce and housing prior to the date of the transfer: And provided
further, That, notwithstanding the effective date of this subsection authorizing and prescrib-
ing the transfer of personnel between the department of commerce and housing and the
state historical society, the date of the transfer of such personnel shall be deemed to have
been effective on the first day of the first biweekly payroll period which is chargeable to the
fiscal year ending June 30, 1999.'';

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

On page 78, in line 5, by striking ``$28,339,086'' and inserting in lieu thereof
``$28,540,086'';

On page 84, in line 2, by striking ``$26,906,417'' and inserting in lieu thereof
``$26,725,417'';

On page 85, after line 2, by inserting the following:

``Irrigation research field grant--water plan fund

$181,000

(c) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $181,000 from the state water plan fund of the Kansas
water office to the irrigation research field grant--water plan fund of Kansas state university
extension systems and agriculture research programs.'';

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

On page 90, in line 28, by striking ``$118,230,231'' and inserting in lieu thereof
``$118,234,732'';

On page 97, in line 5, by striking ``$59,427,861'' and inserting in lieu thereof
``$59,801,216'';

On page 99, in line 30, by striking ``$9,900,000'' and inserting in lieu thereof ``$9,620,000'';

On page 100, in line 13, by striking ``$7,934,345'' and inserting in lieu thereof
``$7,902,169'';

On page 101, preceding line 43, by inserting the following:

``Kansas state geography education endowment program fund

No limit

Provided, That all moneys received from the national geographic society foundation to create
a Kansas state geography education endowment program shall be deposited in the state
treasury and credited to the Kansas state geography education endowment fund.

EDIF--national geographic society education foundation endowmentfund

$250,000

Provided, That all expenditures from the EDIF--national geographic society education
foundation endowment fund shall be matched on a $1 for $1 basis by expenditures from
the Kansas state geography education endowment program fund so that expenditures for
the Kansas state geography education endowment program are equally supported by funds
received from the national geographic society foundation and from the Kansas economic
development endowment account of the state economic development initiatives fund: Pro-
vided further, That the state board of regents shall implement and administer the Kansas
state geography education endowment program.'';

On page 102, following line 21, by inserting the following:

``(e) On July 15, 1998, or as soon thereafter as moneys are available, the director of
accounts and reports shall transfer $250,000 from the Kansas economic development en-
dowment account of the state economic development initiatives fund of the department of
commerce and housing to the EDIF -- national geographic society education foundation
endowment fund.'';

Also on page 102, in line 22, by striking ``(e)'' and inserting in lieu thereof ``(f)''; in line
34, by striking ``$12,437,648'' and inserting in lieu thereof ``$12,507,648'';

On page 103, in line 6, by striking ``$2,300,350'' and inserting in lieu thereof ``$2,261,100'';
in line 7, by striking ``$29,115,298'' and inserting in lieu thereof ``$29,295,298''; in line 25,
by striking ``$125,318,623'' and inserting in lieu thereof ``$125,068,623''; in line 28, by strik-
ing ``$133,472'' and inserting in lieu thereof ``$233,472'';

On page 105, in line 17, by striking ``$12,899,190'' and inserting in lieu thereof
``$12,881,190''; in line 18, by striking ``$21,705,863'' and inserting in lieu thereof
``$21,674,863''; in line 19, by striking ``$29,955,808'' and inserting in lieu thereof
``$29,910,808''; in line 20, by striking ``$8,101,849'' and inserting in lieu thereof ``$8,090,849'';
in line 21, by striking ``$8,693,228'' and inserting in lieu thereof ``$8,686,228''; in line 22, by
striking ``$10,360,506'' and inserting in lieu thereof ``$10,347,506''; in line 23, by striking
``$15,935,442'' and inserting in lieu thereof ``$15,913,442''; in line 24, by striking
``$6,698,137'' and inserting in lieu thereof ``$6,695,137'';

On page 106, in line 1, by striking ``3,032.5'' and inserting in lieu thereof ``3,035.5''; in
line 6, by striking ``$3,901,142'' and inserting in lieu thereof ``$4,028,590'';

On page 107, in line 1, by striking ``$2,348,099'' and inserting in lieu thereof ``$2,419,418'';
in line 42, by striking ``$23,435,202'' and inserting in lieu thereof ``$23,555,202'';

On page 110, in line 5, by striking ``$10,924,568'' and inserting in lieu thereof
``$11,427,630''; 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;

On page 114, in line 4, by striking ``$3,921,545'' and inserting in lieu thereof ``$3,921,549'';
in line 20, by striking ``$68,094'' and inserting in lieu thereof ``$100,000''; 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 ``780.8''; by striking all in lines 35 through 38; in line
41, by striking ``7.0'' and inserting in lieu thereof ``9.0'';

On page 118, in line 30, by striking ``$578,744'' and inserting in lieu thereof ``$614,953'';

On page 119, in line 10, by striking ``$115,000'' and inserting in lieu thereof ``$125,000'';
by striking all in lines 11 and 12; after line 18, by inserting the following:

``Provided, That expenditures from the state fair fee fund for official hospitality shall not
exceed $2,000.'';

On page 120, in line 5, by striking ``$9,633,250'' and inserting in lieu thereof ``$9,683,250'';
by striking all in lines 15 through 27;

On page 121, in line 7, by striking ``$3,000,000'' and inserting in lieu thereof ``$2,970,000'';
by striking all in lines 17 through 26 and by inserting the following:

``Kansas water quality buffer initiative

$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.'';

And by relettering subsections accordingly;

Also on page 121, in line 29, by striking ``$9,633,250'' and inserting in lieu thereof
``$9,683,250'';

On page 122, by striking all in lines 2 through 7; in line 22, by striking ``$2,876,622'' and
inserting in lieu thereof ``$2,826,622'';

On page 123, preceding line 8, by inserting the following:

``(c) On July 1, 1998, or as soon thereafter as moneys are available, the director of
accounts and reports shall transfer $40,000 from the state budget stabilization fund to the
state water plan fund of the Kansas water office.'';

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

On page 124, preceding line 31, 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''; 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''; and the bill be passed as amended.

SB 648 be amended on page 5, in line 8, before the period, by inserting: ``except that
the total amount transferred from the state highway fund to the fund shall not exceed the
total amount authorized to be transferred by appropriation act. No expenditure from such
fund shall be made 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''; in line 11,
by striking ``Kansas''; in line 29, before the period, by inserting: ``in accordance with the
provisions of section 3 and amendments thereto'';

On page 6, in line 27, after ``in'' by inserting: ``the state treasury pursuant to''; in line 40,
by striking ``trans-''; in line 41, by striking ``portation'' and inserting ``qualified''; in line 42,
by striking ``transportation'' and inserting ``qualified'';

On page 7, after line 39, by inserting the following:

``Prior to the 10th day of each regular session of the legislature commencing with the
1999 legislative session through the 2001 legislative session, the secretary of transportation
shall submit a written report to each member of the committee on transportation and tour-
ism and the committee on ways and means of the senate and to each member of the
committee on transportation and the committee on appropriations of the house of repre-
sentatives detailing all transfers from the state highway fund to the transportation capital
enhancement fund during the preceding calendar year. Commencing with the 2002 legis-
lative session such information shall be included as part of the annual report under this
section.'';

On page 9, in line 21, by striking all after the comma; by striking all in lines 22 through
28; in line 29, by striking all before ``In'' and inserting: ``the secretary for the purpose of
making loans to subdivisions of government for qualified projects and to pay all expenses
incidental thereto and to the bonds may issue revenue bonds or enter into agreements with
the Kansas development finance authority to issue revenue bonds payable solely from rev-
enues accruing to the fund.''; in line 37, after ``enhancement'' by inserting ``bond''; also in
line 37, by striking all after ``fund''; in line 38, by striking all before the period; in line 39,
by striking all after ``(b)''; by striking all in lines 40 and 41; in line 42, by striking ``(c)'';

On page 10, in line 9, after ``authorized'' by inserting: ``for purposes of the bond pool
provided for by this act''; in line 25, before the period, by inserting ``in the state treasury'';

On page 11, in line 1, after ``enhancement'' by inserting ``bond'';

On page 13, in line 25, before ``This'' by inserting ``(a)''; after line 35, by inserting the
following:

``(b) Except as otherwise provided in this subsection, nothing in this act shall be con-
strued to authorize any project or qualified project which would constitute an internal im-
provement under item (4) of section 9 of article 11 of the Kansas constitution. Any such
project shall be authorized only in accordance with the provisions of item (4) of section 9
of article 11 of the Kansas constitution.''; and the bill be passed as amended.

REPORT ON ENROLLED BILLS

SR 1836, 1837, 1838, 1839, 1840, 1841, 1842, 1843 reported correctly enrolled,
properly signed and presented to the Secretary of the Senate on March 30, 1998.

SR 1844 reported correctly enrolled, properly signed and presented to the Secretary of
the Senate on March 31, 1998.

COMMITTEE OF THE WHOLE

On motion of Senator Emert, the Senate resolved itself into Committee of the Whole for
consideration of bills on the calendar under the heading of General Orders with Senator
Feleciano in the chair.

On motion of Senator Feleciano the following report was adopted:

Recommended Sub. HB 2972 be amended by adoption of the committee amendments,
and the substitute bill be passed as amended.

The committee report on SB 666 recommending a substitute bill be adopted, and Sub.
SB 666 be amended by motion of Senator Salisbury on page 2, in line 4, by striking ``basic
universal and''; in line 39, by striking all after ``amount''; in line 40, by striking all before
the second comma and inserting ``in excess of 9.89% of its intrastate retail revenue as
provided in Docket No. 190-492-U; also in line 40, after ``collect'', by inserting ``lesser''; in
line 41, by striking all after ``customers''; in line 42, by striking ``1997'';

On page 3, in line 1, by striking ``assessment for'';

On page 4, in line 1, by striking ``universal service or''; also in line 1, by striking ``or for'';
by striking line 2; in line 3, by striking all before ``as'', and the substitute bill be passed as
amended.

The following amendments offered by Senator Brownlee to Sub. SB 666 were rejected:

On page 1, in line 19, by striking ``The'' and inserting ``At a minimum, the'',

Also, on page 1, in line 19 by striking `` The'' and inserting ``At a minimum, not to exceed
20 members, the''.

SB 643 be amended by adoption of the committee amendments, and the bill be further
amended by motion of Senator Kerr on page 2, by striking all in lines 31 through 40;

And by renumbering sections accordingly;

On page 8, by striking all in lines 9 through 16 and inserting in lieu thereof the following:

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

Also on page 8, preceding line 35, by inserting the following:

``Sec. 19.

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

Sec. 20.

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

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

And by renumbering sections accordingly;

On page 15, in line 28, by striking ``75-3703b'' and inserting in lieu thereof ``75-3730b'';

On page 1, in the title, in line 12, by striking ``Kansas state board of cosmetology,''; in
line 20, before ``Kansas'' by inserting: ``department of revenue--homestead property tax
refunds, Kansas commission on veterans affairs,'', and the bill be passed as further amended.

SB 665 be amended by adoption of the committee amendments, and the bill be further
amended by motion of Senator Kerr on page 6, after line 2, by inserting the following:

``Judicial center rehabilitation and repair	$50,000
Judicial center carpet replacement	$64,000'';

On page 12, after line 3, by inserting the following:

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

Football stadium expansion--special revenue fund

No limit

Provided, That Kansas state university may make expenditures from the football stadium
expansion -- special revenue fund for the capital improvement project to expand the football
stadium in addition to the expenditure of other moneys appropriated therefor: Provided,
however, That expenditures from this fund for such capital improvement project shall not
exceed $16,000,000 plus all amounts required for costs of any such bond issuance, costs of
interest on any bonds issued or obtained for such capital improvement projects and any
required reserves for payment of principal and interest on any bond: Provided further, That
such capital improvement project is hereby approved for Kansas state university for the
purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization
of the issuance of bonds by the Kansas development finance authority in accordance with
that statute: And provided further, That all moneys received from the issuance of any such
bonds shall be deposited in the state treasury to the credit of this fund.'';

On page 18, in line 21, after ``acquire'' by inserting ``the real''; in line 25, by striking
``million''; also in line 25, by striking ``inter-''; in line 26, by striking ``ests'' and inserting in
lieu thereof ``interest'';

On page 19, in line 19, after ``of'' by inserting ``the real''; in line 29, after ``Hall'' by inserting
``which is located on the campus in Lawrence, Kansas''; in line 34, after ``from'' by inserting
``the appropriate account or accounts of ''.
Senator Steineger moved to amend the bill on page 5, in line 14, by striking ``$334,573''
and inserting in lieu thereof ``$2,584,573'';

On page 18, by striking all in lines 41 through 43;

On page 19, by striking all in lines 1 through 7;

And by relettering subsections accordingly.

Upon the showing of five hands, a roll call vote was requested.

On roll call, the vote was: Yeas 10, nays 27, present and passing 2; absent or not voting
1.

Yeas: Biggs, Downey, Gilstrap, Gooch, Goodwin, Hensley, Karr, Lee, Petty, Steineger.

Nays: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Feleciano, Har-
denburger, Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen,
Praeger, Pugh, Ranson, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen.

Present and passing: Barone, Jones.

Absent or not voting: Salisbury.

The motion failed and the amendment was rejected.

Senator Hensley moved to amend the bill. The amendment was withdrawn.

Senator Hensley again moved to amend the bill on page 5, following line 29, 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
purpose or purposes, subject to the expenditure limitations prescribed therefor:

Rehabilitation and repair projects

$2,433,133'';

On page 19, in line 3, by striking ``$3,000,000'' and inserting in lieu thereof ``$901,460''.

Upon the showing of five hands, a roll call vote was requested.

On roll call, the vote was: Yeas 9, nays 27, present and passing 2; absent or not voting 2.

Yeas: Barone, Biggs, Downey, Gilstrap, Goodwin, Hensley, Karr, Lee, Petty.

Nays: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Feleciano, Har-
denburger, Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen,
Praeger, Pugh, Ranson, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen.

Present and passing: Gooch, Jones.

Absent or not voting: Salisbury, Steineger.

The motion failed and the amendment was rejected.

The Committee recommended SB 665 be passed as further amended.

ORIGINAL MOTION

On motion of Senator Corbin, the Senate acceded to the request of the House for a
conference on HB 2419.

The President appointed Senators Corbin, Morris and Biggs as conferees on the part of
the Senate.

On motion of Senator Praeger, the Senate acceded to the request of the House for a
conference on Sub. HB 2630.

The President appointed Senators Praeger, Salmans and Steineger as conferees on the
part of the Senate.

On motion of Senator Steffes, the Senate acceded to the request of the House for a
conference on HB 2636.

The President appointed Senators Steffes, Praeger and Feleciano as conferees on the part
of the Senate.

On motion of Senator Vidricksen, the Senate acceded to the request of the House for a
conference on HB 2782.

The President appointed Senators Vidricksen, Jordan and Gilstrap as conferees on the
part of the Senate.

On motion of Senator Lawrence, the Senate acceded to the request of the House for a
conference on HB 2837.

The President appointed Senators Lawrence, Langworthy and Downey as conferees on
the part of the Senate.

On motion of Senator Emert, the Senate acceded to the request of the House for a
conference on HB 2867.

The President appointed Senators Emert, Pugh and Goodwin as conferees on the part of
the Senate.

On motion of Senator Corbin, the Senate acceded to the request of the House for a
conference on HB 2868.

The President appointed Senators Corbin, Morris and Biggs as conferees on the part of
the Senate.

On motion of Senator Kerr, the Senate acceded to the request of the House for a con-
ference on HB 2877.

The President appointed Senators Kerr, Salisbury and Petty as conferees on the part of
the Senate.

On motion of Senator Praeger, the Senate acceded to the request of the House for a
conference on HCR 5042.

The President appointed Senators Praeger, Salmans and Steineger as conferees on the
part of the Senate.

MESSAGE FROM THE HOUSE

The House nonconcurs in Senate amendments to HB 2233, requests a conference and
has appointed Reps. Carmody, Presta and Garner as conferees on the part of the House.

The House nonconcurs in Senate amendments to HB 2552, requests a conference and
has appointed Reps. Myers, Aurand and Burroughs as conferees on the part of the House.

The House nonconcurs in Senate amendments to HB 2591, requests a conference and
has appointed Reps. Lane, Geringer and Pauls as conferees on the part of the House.

The House nonconcurs in Senate amendments to HB 2744, requests a conference and
has appointed Reps. Carmody, Presta and Garner asconferees on the part of the House.

The House nonconcurs in Senate amendments to HB 2799, requests a conference and
has appointed Reps. Lane, Geringer and Pauls as conferees on the part of the House.

The House nonconcurs in Senate amendments to HB 2806, requests a conference and
has appointed Reps. Glasscock, Powers and Welshimer as conferees on the part of the
House.

The House concurs in Senate amendments to HB 2282.

The House concurs in Senate amendments to HCR 5035.

ORIGINAL MOTION

On motion of Senator Emert, the Senate acceded to the request of the House for a
conference on HB 2233.

The President appointed Senators Emert, Pugh and Goodwin as conferees on the part of
the Senate.

On motion of Senator Hardenburger, the Senate acceded to the request of the House
for a conference on HB 2552.

The President appointed Senators Ranson, Clark and Biggs as conferees on the part of
the Senate.

On motion of Senator Corbin, the Senate acceded to the request of the House for a
conference on HB 2591.

The President appointed Senators Salisbury, Ranson and Barone as conferees on the part
of the Senate.

On motion of Senator Emert, the Senate acceded to the request of the House for a
conference on HB 2744.

The President appointed Senators Emert, Pugh and Goodwin as conferees on the part of
the Senate.

On motion of Senator Corbin, the Senate acceded to the request of the House for a
conference on HB 2799.

The President appointed Senators Salisbury, Ranson and Barone as conferees on the part
of the Senate.

On motion of Senator Hardenburger, the Senate acceded to the request of the House
for a conference on HB 2806.

The President appointed Senators Emert, Schraad and Felecino as conferees on the part
of the Senate.

FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS

On motion of Senator Emert an emergency was declared by a 2
3/ constitutional majority,
and SB 643, 665; Sub. SB 666; Sub. HB 2972 were advanced to Final Action and roll
call.

SB 643, An act making and concerning appropriations for the fiscal year ending June 30,
1998, for the department of administration, state bank commissioner, state historical society,
board of nursing, state board of pharmacy, Kansas, Inc., behavioral sciences regulatory
board, Kansas public employees retirement system, Kansas dental board, department of
revenue, state board of indigents' defense services, health care stabilization fund board of
governors, citizens' utility ratepayer board, department of human resources, department of
social and rehabilitation services, department on aging, department of revenue--homestead
property tax refunds, Kansas commission on veterans affairs, Kansas state university veter-
inary medical center, Kansas state university,Wichita state university, university of Kansas
medical center, Emporia state university, Fort Hays state university, Pittsburg state univer-
sity, Kansas arts commission, juvenile justice authority, state fire marshal, ombudsman of
corrections, Kansas parole board, attorney general--Kansas bureau of investigation, Kansas
sentencing commission, Kansas department of agriculture, Kansas wheat commission, state
fair board, state conservation commission, department of health and environment, adjutant
general, insurance department, Kansas lottery, Kansas racing and gaming commission, at-
torney general, judicial branch and state board of tax appeals; authorizing certain transfers
and capital improvement projects, imposing certain restrictions and limitations, and direct-
ing or authorizing certain receipts and disbursements and acts incidental to the foregoing;
repealing K.S.A. 75-3730a and 75-3730b, was considered on final action.

On roll call, the vote was: Yeas 37, nays 3, present and passing 0; absent or not voting 0.

Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones,
Jordan, Karr, Kerr, Langworthy, Lawrence, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen.

Nays: Huelskamp, Lee, Steineger.

The bill passed, as amended.

SB 665, An act making and concerning appropriations for the fiscal years ending June
30, 1998, and June 30, 1999, and authorizing certain financing, for certain capital improve-
ment projects for the state fair board, department of social and rehabilitation services,
Kansas state school for the blind, Kansas state school for the deaf, department of corrections,
state historical society, insurance department, department of administration, department of
commerce and housing, Fort Hays state university, Kansas state university, Kansas state
university extension systems and agriculture research programs, Kansas state university vet-
erinary medical center, Emporia state university, Pittsburg state university, university of
Kansas, university of Kansas medical center, Wichita state university, department of human
resources, Kansas commission on veterans affairs, attorney general--Kansas bureau of in-
vestigation, Kansas highway patrol, adjutant general, department of wildlife and parks and
juvenile justice authority; authorizing the initiation and completion of certain capital im-
provement projects; and directing or authorizing certain disbursements and acts incidental
to the foregoing, was considered on final action.

On roll call, the vote was: Yeas 35, nays 5, present and passing 0; absent or not voting 0.

Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Jones, Jordan,
Karr, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Pugh, Ranson, Salisbury, Sal-
mans, Schraad, Steffes, Tyson, Umbarger, Vidricksen.

Nays: Hensley, Huelskamp, Lee, Petty, Steineger.

The bill passed, as amended.

Sub. SB 666, An act concerning the Kansas universal service fund; implementing meas-
ures to limit fund contributions and establishing a working committee to examine issues
related to the fund; amending K.S.A. 1997 Supp. 66-2008 and 66-2011 and repealing the
existing sections, was considered on final action.

On roll call, the vote was: Yeas 27, nays 12, present and passing 1; absent or not voting
0.

Yeas: Barone, Becker, Biggs, Bond, Brownlee, Donovan, Downey, Emert, Feleciano,
Gilstrap, Gooch, Goodwin, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence,
Petty, Praeger, Ranson, Salisbury, Schraad, Steffes, Steineger, Vidricksen.

Nays: Bleeker, Clark, Corbin, Hardenburger, Huelskamp, Lee, Morris, Oleen, Pugh,
Salmans, Tyson, Umbarger.

Present and passing: Harrington.

The substitute bill passed, as amended.

EXPLANATION OF VOTE Mr. President: Sub. SB 666 establishes a working group to study those aspects of the
Kansas Telecommunications Act which have negatively impacted Kansas phone customers.
With this bill, we will be able to respond to Kansans whose school districts cannot access
distance learning because it has been priced out of their reach. This bill will address the
small businesses who rely on cell phones to serve their customers and have experienced the
increased phone tax burden in doing so. Best of all, this bill keeps intact the support which
high cost rural areas need. Looking to the expertise of the working group, it also freezes
deployment--of further enhanced services for all Kansans. This hopefully will allow the
flexibility to provide current technology without doubling the cost to all Kansas phone cus-
tomers.

These are steps which will enhance competition in local phone service in Kansas. I cast
a vote for the consumers of Kansas and vote yes on Sub. SB 666.--Karin Brownlee

Sub. HB 2972, An act concerning certain state officers and employees; relating to powers
and duties thereof; relating to background checks on certain employees; amending K.S.A.
74-8705 and K.S.A. 1997 Supp. 39-970, 65-5117 and 74-8709 and repealing the existing
sections, was considered on final action.

On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae-
ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger,
Vidricksen.

The substitute bill passed, as amended.

MESSAGE FROM THE HOUSE

The House accedes to the request of the Senate for a conference on SB 469 and has
appointed Representatives Boston, Tanner and Gilbert as conferees on the part of the
House.

The House accedes to the request of the Senate for a conference on SB 556 and has
appointed Representatives Glasscock, Campbell and Welshimer as conferees on the part of
the House.

On motion of Senator Emert, the Senate recessed until 4:00 p.m.

______ Afternoon Session
The Senate met pursuant to recess with President Bond in the chair.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

Senators Bond, Emert and Hensley introduced the following concurrent resolution which
was read:

SENATE CONCURRENT RESOLUTION No. 1621--

A CONCURRENT RESOLUTION relating to the 1998 regular session of the legislature;
extending such session beyond 90 calendar days; and providing for adjournment thereof. Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected
to the Senate and two-thirds of the members elected to the House of Representatives con-
curring therein: That the 1998 regular session of the legislature shall be extended beyond
90 calendar days; and

Be it further resolved: That the legislature shall adjourn at the close of business of the
daily session convened on April 3, 1998, and shall reconvene at 10:00 a.m. on April 8, 1998;
and

Be it further resolved: That the legislature shall adjourn at the close of business of the
daily session convened on April 10, 1998, or at the close of business of the daily session
convened on April 11, 1998, and shall reconvene at 10:00 a.m. on April 29, 1998; and

Be it further resolved: That except as otherwise authorized in the following resolving
clause of this resolution, the legislature shall adjourn at the close of business of the daily
session convened on May 2, 1998, and reconvene at 10:00 a.m. on May 26, 1998, at which
time the legislature shall continue in session but shall adjourn sine die at the close of business
on May 26, 1998; and

Be it further resolved: That the legislature may adjourn and reconvene at any time as
provided by concurrent resolution of the two houses during the period on and after May 2,
1998, to May 26, 1998, but the legislature shall reconvene at 10:00 a.m. on May 26, 1998,
at which time the legislature shall continue in session and shall adjourn sine die at the close
of business on May 26, 1998; and

Be it further resolved: That the secretary of the senate and the chief clerk of the house
of representatives and employees specified by the director of legislative administrative serv-
ices for such purpose shall attend their duties each day during periods of adjournment,
Sundays excepted, for the purpose of receiving messages from the governor and conducting
such other business as may be required; and

Be it further resolved: That members of the legislature shall not receive the per diem
compensation and subsistence allowances provided for in subsections (a) and (b) of K.S.A.
1997 Supp. 46-137a for any day within a period in which both houses of the legislature are
adjourned for more than two days, Sundays excepted; and

Be it further resolved: That members of the legislature attending a legislative meeting
of whatever nature when authorized pursuant to law, or by the Legislative Coordinating
Council or by the President of the Senate or the Speaker of the House of Representatives
and members of a conference committee attending a meeting of the conference committee
authorized by the President of the Senate and the Speaker of the House of Representatives
during any period of adjournment for which members are not authorized compensation and
allowances pursuant to K.S.A. 1997 Supp. 46-137a shall receive compensation and travel
expenses or allowances as provided by K.S.A. 75-3212 except that the mileage allowance
shall be limited during any such period of adjournment to one full trip by the usual route
in going to and returning from an authorized meeting.

On emergency motion of Senator Emert, SCR 1621 was adopted by voice vote.

COMMUNICATIONS FROM STATE OFFICERS

KANSAS Department of Commerce & Housing March 31, 1998 Lt. Governor/Secretary Gary Sherrer, Department of Commerce & Housing, submitted
a copy of the Annual Report to the Governor and the Legislature on the Kansas Enterprise
Zone program as required by K.S.A. 74-50,118(b).

The President announced the above report is on file in the office of the Secretary of the
Senate and is available for review at any time.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR

Senator Emert moved the Senate concur in house amendments to SB 67.

SB 67, An act concerning the protection from abuse act; relating to definitions; confi-
dentiality; orders; amending K.S.A. 60-3102 and 60-3106 and K.S.A. 1997 Supp. 60-3104,
60-3105 and 60-3107 and repealing the existing sections.

On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.

Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae-
ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger,
Vidricksen.

The Senate concurred.

CHANGE OF CONFERENCE

The President announced the appointment of Senator Barone as a member of the Con-
ference Committee on HB 2552 to replace Senator Biggs.

REPORTS OF STANDING COMMITTEES

Committee on Energy and Natural Resources recommends Substitute for HB
2950, as amended by House Committee of the Whole, be amended on page 4, in line 22,
by striking ``, other than a facility for''; in line 23, by striking ``swine,'';

On page 7, in line 21, by striking ``shall be approved by a licensed''; in line 22, by striking
all preceding the period and inserting ``may be, but are not required to be, prepared by a
professional engineer or a consultant, as approved by the department'';

On page 8, in line 32, by striking ``prepare and''; also in line 32, preceding the period, by
inserting ``a notice of receipt of the application which shall include but not be limited to:

(1) The names and addresses of the operator of the facility and the owner of the property
where the facility is or will be located; and

(2) notice of the availability of the document and fact sheet prepared pursuant to sub-
section (b).

(b) After receipt of an application for a permit for construction of a new swine facility
or expansion of an existing swine facility, the department shall prepare the following, which,
at a minimum, shall be made available on the internet and shall be available for inspection
and copying, in accordance with the open records act, at the department's office in the
district where the swine facility is or will be located'';

On page 9, in line 13, by striking ``soil scientist or''; also in line 13, following ``agronomist''
by inserting ``or individual trained in crop protection''; in line 16, by striking ``(b)'' and
inserting ``(c)''; in line 23, by striking ``(c)''and inserting ``(d)''; also in line 23, by striking
``(b)'' and inserting ``(c)''; in line 37, by striking ``(a)'' and inserting ``(b)''; in line 40, by
striking ``(a)(1)'' and inserting ``(b)(1)''; in line 42, by striking ``(d)'' and inserting ``(e)''; in
line 43, by striking ``(b)'' and inserting ``(c)'';

On page 10, in line 2, by striking ``(e)'' and inserting ``(f)''; in line 3, by striking ``30'' and
inserting ``60''; in line 4, by striking ``(d)'' and inserting ``(e)''; in line 7, by striking ``30'' and
inserting ``60''; in line 8, by striking ``(d)'' and inserting ``(e)''; in line 13, by striking ``(f)'' and
inserting ``(g)'';

On page 11, in line 24, following ``essary'' by inserting ``to protect''; in line 40, by striking
``one year after the effective date of this act'' and inserting ``12 months after the rules and
regulations implementing this act are adopted'';

On page 12, in line 3, by striking ``and'' and inserting ``or'';

On page 13, in line 1, by striking all following ``liner''; by striking all in line 2; in line 3,
by striking all preceding the semicolon and inserting ``with a minimum depth of one foot
and maximum seepage rate of 1/8 inch per day''; in line 4, by striking all following ``(ii)''; by
striking all in line 5; in line 6, by striking all preceding the semicolon and inserting ``an
impermeable liner on top of a compacted soil liner with a minimum depth of one foot and
maximum seepage rate of 1/4 inch per day''; in line 19, by striking all following ``liner''; by
striking all in line 20; in line 21, by striking all preceding the semicolon and inserting ``with
a minimum depth of one foot and maximum seepage rate of 1/8 inch per day''; in line 22,
by striking all following ``(B)''; by striking all in lines 23 and 24; in line 25, by striking all
preceding the period and inserting ``an impermeable liner on top of a compacted soil liner
with a minimum depth of one foot and maximum seepage rate of 1/4 inch per day''; in line
26, by striking ``soil compaction'' and inserting ``compacted soil liner''; in line 30, by striking
all preceding ``on'' and inserting ``an impermeable liner'';

On page 14, in line 6, preceding the period, by inserting ``unless: (A) The groundwater is
at a depth of more than 25 feet from the underneath side of the liner of the lagoons or
ponds; and (B) the facility operator submits to the department engineering or field data that
proves compliance with the requirements of subsection (i)(2)''; in line 29, by striking all
following ``well''; in line 30, by striking ``vicinity of'' and inserting ``at'';

On page 15, in line 8, by striking all following ``within''; in line 9, by striking ``date of this
act'' and inserting ``12 months after the rules and regulations implementing this act are
adopted''; in line 10, by striking ``department'' and inserting ``secretary''; in line 42, by
striking ``Each'' and inserting ``A'';

On page 16, in line 32, following ``facility'' by inserting ``is required to have a nutrient
utilization plan and''; in line 38, following ``facility'' by inserting ``that is required to have a
nutrient utilization plan'';

On page 17, in line 2, by striking all following ``that''; by striking all in line 3; in line 4,
by striking all preceding ``plan'' and inserting ``is required to have a nutrient utilization plan
shall include in such''; in line 5, by striking ``and'' and inserting ``or''; in line 9, by striking
``have'' and inserting ``has''; in line 12, by striking ``are'' and inserting ``is''; in line 16, pre-
ceding ``structure'' by inserting ``habitable''; in line 25, following ``facilities'' by inserting
``that are required to have a nutrient utilization plan''; in line 26, by striking ``highly erodible
land'' and inserting ``lands classified as highly erodible according to the conservation com-
pliance provisions of the federal food security act of 1985, as in effect on the effective date
of this act, and classified as highly erodible on the basis of erosion resulting from water
runoff''; in line 40, following ``facilities'' by inserting ``that are required to have a nutrient
utilization plan'';

On page 18, in line 3, following ``facilities'' by inserting ``that are required to have a
nutrient utilization plan and''; in line 4, by striking all following ``(A)''; in line 5, by striking
all preceding the semicolon and inserting ``Employ measures to irrigate under conditions
that reasonably prevent surface runoff''; in line 6, following ``use'' by inserting ``reasonable'';
in line 7, by striking all preceding the period and inserting ``to which it is applied''; in line
8, following ``facility'' by inserting ``that is required to have a nutrient utilization plan and'';
in line 13, by striking ``per-''; in line 14, by striking ``mit'' and inserting ``nutrient utilization
plan''; in line 34, by striking ``is''; in line 35, by striking all preceding the semicolon and
inserting ``has an animal unit capacity of 1,000 or more''; in line 40, preceding ``swine'' by
inserting ``permitted'';

On page 19, in line 20, following ``facility'' where it appears for the first time, by inserting
``that has an animal unit capacity of 1,000 or more'';

On page 22, in line 5, following ``if'' by inserting ``the operator of''; in line 7, by striking
``(1)''; in line 21, by striking ``18'' and inserting ``24''; in line 23, by striking ``every 36 months''
and inserting ``at the discretion of the department'';

On page 23, in line 1, by striking ``(a)''; by striking all in lines 11 through 15;

On page 25, in line 8, following the semicolon, by inserting ``and''; in line 11, by striking
all following ``act''; by striking all in line 12; in line 13, by striking all preceding the period;
following line 21, by inserting the following:

``(c) The provisions of this act applicable to new construction or expansion of swine
facilities shall apply to all facilities for which an application for new construction or expansion
is received by the department on or after March 1, 1998, and such facilities shall be required
to comply with the standards and requirements imposed pursuant to this act at the time the
permit for new construction or expansion is granted.'';

On page 27, in line 30, by striking ``follows'' and inserting ``follow'';

On page 33, in line 12, by striking ``sections 1 through 29''; following line 16, by inserting
the following:

``New Sec. 30. The provisions of sections 1 through 29 and 37 shall expire upon the
enactment of any law during the 1998 regular legislative session prohibiting the secretary
of health and environment from issuing any permit for a new swine breeding, farrowing,
feeding or finishing facility, or any combination thereof, regardless of size.'';

Also on page 33, by striking all in lines 17 through 43;

On page 34, by striking all in lines 1 through 12;

On page 43, following line 28, by inserting the following:

``Sec. 31. Upon expiration of the provisions of section 23 pursuant to section 30, K.S.A.
2-3302 is hereby revived to read as follows: 2-3302. As used in this act:

(a) ``Chemigation'' means any process whereby pesticides, fertilizers or other chemicals
or animal wastes are added to irrigation water applied to land or crops, or both, through an
irrigation distribution system.

(b) ``Board'' means the state board of agriculture.

(c) ``Secretary'' means the secretary of the state board of agriculture.

(d) ``Operating chemigation equipment'' for the purposes of this act shall include, but
not be limited to:

(1) Preparing solution and filling the chemical supply container;

(2) calibrating of injection equipment;

(3) starting and stopping equipment when injection of chemicals is involved; and

(4) supervision of the chemigation equipment to assure its safe operation.

(e) ``Anti-pollution devices'' means mechanical equipment used to reduce hazard to the
environment in cases of malfunction of the equipment during chemigation and includes but
is not limited to interlock, waterline check valve, chemical line closure device, vacuum relief
device and automatic low pressure drain.

(f) ``Supervision'' means the attention given to the chemigating system during its op-
eration when chemicals are being applied.

(g) ``Direct supervision'' means supervision with ability to change the procedures.

(h) ``Irrigation distribution system'' means any device or combination of devices having
a hose, pipe or other conduit which connects directly to any source of ground or surface
water, through which water or a mixture of water and chemicals is drawn and applied to
land. The term does not include any handheld hose sprayer or other similar device which
is constructed so that an interruption in water flow automatically prevents any backflow to
the water source. For the purpose of this act it does not include greenhouse irrigation or
residence yards. Animal waste lagoons are not to be considered water sources.

(i) ``Calibration device'' means equipment of sufficient accuracy to determine the rate
of chemical application.

(j) ``Point of diversion'' means:

(1) The point where the longitudinal axis of the dam crosses the center line of the stream
in the case of a reservoir; or

(2) the location of the headgate or intake in the case of a direct diversion from a river,
stream or other watercourse; or

(3) the location of a well in the case of groundwater diversion.

Sec. 32. Upon expiration of the provisions of section 25 pursuant to section 30, K.S.A.
2-3305 is hereby revived to read as follows: 2-3305. Functional anti-pollution devices shall
be used in the chemigation process according to the following criteria:

(a) Waterline check valve shall be an automatic, quick-closing device capable of pre-
venting the backflow of water chemical mixtures into the source of water supply during
times of system failure or equipment shutdown;

(b) a chemical injection line check valve shall be used to prevent flow of water from
the irrigation system into the chemical supply tank and to prevent gravity flow from the
chemical supply tank into the irrigation system;

(c) an interlock system shall be used between the power system of the injection unit,
the irrigation pumping plant and the pivot, if involved; the interlock shall function so that
if the irrigation pump stops, the injection pump will also stop;

(d) a functional vacuum relief device shall be used between the waterline check valve
and the irrigation pump to reduce the chance of chemical being back-siphoned into the
water source; and

(e) an automatic low pressure drain shall be used between the waterline valve and the
irrigation pump.

Sec. 33. Upon expiration of the provisions of section 26 pursuant to section 30, K.S.A.
2-3307 is hereby revived to read as follows: 2-3307. (a) For the purpose of carrying out the
provisions of this act, the secretary or the secretary's agent or the county or district attorney
or their agents may enter any premises at any reasonable time in order to:

(1) Have access for the purpose of inspecting any equipment subject to this act;

(2) inspect or sample water, lands and crops reported to be exposed to chemicals;

(3) inspect or investigate complaints or injury to humans, crops or land;

(4) sample chemicals being applied or to be applied; or

(5) observe the use and application of chemicals.

Should the secretary, the secretary's agent or the county or district attorney or their agents
be denied access to any land where such access was sought for the purposes authorized, the
secretary or the county or district attorney may apply to any court of competent jurisdiction
for a search warrant authorizing access to such land for such purposes. The court, upon
such application, may issue the search warrant for the purposes requested.

(b) The enforcement of the criminal provisions of this act shall be the duty of, and shall
be implemented by, the county or district attorneys of the various counties or districts. In
the event a county or district attorney refuses to act, the attorney general shall so act. The
secretary is charged with the duty of enforcing all other provisions of this act.

Sec. 34. Upon expiration of the provisions of section 27 pursuant to section 30, K.S.A.
1997 Supp. 47-1219 is hereby revived to read as follows: 47-1219. (a) Any person or persons
who shall put any dead animals, carcasses of such animals or domestic fowl, or any part
thereof, into any well, spring, brook, branch, river, creek, pond, road, street, alley, lane, lot,
field, meadow or common shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be fined in a sum not exceeding $100.

(b) Any owner or owners of any dead animals, carcasses of such animals or domestic
fowl, or any part thereof, who shall knowingly permit the same to remain in any well, spring,
brook, branch, river, creek, pond, road, street, alley, lane, lot, field, meadow or common to
the injury of the health or to the annoyance of or damage to the citizens of the state or any
of them, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
fined in a sum not exceeding $100. Every 24 hours the owners shall permit the same to
remain thereafter shall be deemed an additional offense.

(c) Persons disposing of dead animals shall do so in one of the following ways: (1)
Burial; (2) incineration; or (3) delivery or unloading of the carcasses of dead animals or
packing house refuse at a disposal plant, substation, rendering plant or place of transfer
licensed by the commissioner.

Sec. 35. Upon expiration of the provisions of section 1 pursuant to section 30, K.S.A.
1997 Supp. 65-171d is hereby revived to read as follows: 65-171d. (a) For the purpose of
preventing surface and subsurface water pollution and soil pollution detrimental to public
health or to the plant, animal and aquatic life of the state, and to protect beneficial uses of
the waters of the state and to require the treatment of sewage predicated upon technolog-
ically based effluent limitations, the secretary of health and environment shall make such
rules and regulations, including registration of potential sources of pollution, as may in the
secretary's judgment be necessary to: (1) Protect the soil and waters of the state from
pollution resulting from underground storage reservoirs of hydrocarbons and liquid petro-
leum gas; (2) control the disposal, discharge or escape of sewage as defined in K.S.A. 65-
164 and amendments thereto, by or from municipalities, corporations, companies, institu-
tions, state agencies, federal agencies or individuals and any plants, works or facilities owned
or operated, or both, by them; and (3) establish water quality standards for the waters of
the state to protect their beneficial uses.

(b) The secretary of health and environment may adopt by reference any regulation
relating to water quality and effluent standards promulgated by the federal government
pursuant to the provisions of the federal clean water act and amendments thereto, as in
effect on January 1, 1989, which the secretary is otherwise authorized by law to adopt.

(c) For the purposes of this act, including K.S.A. 65-161 through 65-171h and amend-
ments thereto, and rules and regulations adopted pursuant thereto:

(1) ``Pollution'' means: (A) Such contamination or other alteration of the physical, chem-
ical or biological properties of any waters of the state as will or is likely to create a nuisance
or render such waters harmful, detrimental or injurious to public health, safety or welfare,
or to the plant, animal or aquatic life of the state or to other designated beneficial uses; or
(B) such discharge as will or is likely to exceed state effluent standards predicated upon
technologically based effluent limitations.

(2) ``Confined feeding facility'' means any lot, pen, pool or pond: (A) Which is used for
the confined feeding of animals or fowl for food, fur or pleasure purposes; (B) which is not
normally used for raising crops; and (C) in which no vegetation intended for animal food is
growing.

(3) ``Animal unit'' means a unit of measurement calculated by adding the following
numbers: The number of beef cattle weighing more than 700 pounds multiplied by 1.0; plus
the number of cattle weighing less than 700 pounds multiplied by 0.5; plus the number of
mature dairy cattle multiplied by 1.4; plus the number of swine weighing more than 55
pounds multiplied by 0.4; plus the number of swine weighing 55 pounds or less multiplied
by 0.1; plus the number of sheep or lambs multiplied by 0.1; plus the number of horses
multiplied by 2.0; plus the number of turkeys multiplied by 0.018; plus the number of laying
hens or broilers, if the facility has continuous overflow watering, multiplied by 0.01; plus
the number of laying hens or broilers, if the facility has a liquid manure system, multiplied
by 0.033; plus the number of ducks multiplied by 0.2. However, each head of cattle will be
counted as one full animal unit for the purpose of determining the need for a federal permit.
``Animal unit'' also includes the number of swine weighing 55 pounds or less multiplied by
0.1 for the purpose of determining applicable requirements for new construction of a con-
fined feeding facility for which a permit or registration has not been issued before January
1, 1998, and for which an application for a permit or registration and plans have not been
filed with the secretary of health and environment before January 1, 1998, or for the purpose
of determining applicable requirements for expansion of such facility. However, each head
of swine weighing 55 pounds or less shall be counted as 0.0 animal unit for the purpose of
determining the need for a federal permit.

(4) ``Animal unit capacity'' means the maximum number of animal units which a con-
fined feeding facility is designed to accommodate at any one time.

(5) ``Habitable structure'' means any of the following structures which is occupied or
maintained in a condition which may be occupied: A dwelling, church, school, adult care
home, medical care facility, child care facility, library, community center, public building,
office building or licensed food service or lodging establishment.

(d) In adopting rules and regulations, the secretary of health and environment, taking
into account the varying conditions that are probable for each source of sewage and its
possible place of disposal, discharge or escape, may provide for varying the control measures
required in each case to those the secretary finds to be necessary to prevent pollution. If a
freshwater reservoir or farm pond is privately owned and where complete ownership of land
bordering the reservoir is under common private ownership, such freshwater reservoir or
farm pond shall be exempt from water quality standards except as it relates to water dis-
charge or seepage from the reservoir to waters of the state, either surface or groundwater,
or as it relates to the public health of persons using the reservoir or pond or waters there-
from.

(e) (1) Whenever the secretary of health and environment or the secretary's duly au-
thorized agents find that the soil or waters of the state are not being protected from pollution
resulting from underground storage reservoirs of hydrocarbons and liquid petroleum gas or
that storage or disposal of salt water not regulated by the state corporation commission or
refuse in any surface pond is causing or is likely to cause pollution of soil or waters of the
state, the secretary or the secretary's duly authorized agents shall issue an order prohibiting
such underground storage reservoir or surface pond. Any person aggrieved by such order
may within 15 days of service of the order request in writing a hearing on the order.

(2) Upon receipt of a timely request, a hearing shall be conducted in accordance with
the provisions of the Kansas administrative procedure act.

(3) Any action of the secretary pursuant to this subsection is subject to review in ac-
cordance with the act for judicial review and civil enforcement of agency actions.

(f) The secretary may adopt rules and regulations establishing fees for the following
services:

(1) Plan approval, monitoring and inspecting underground or buried petroleum prod-
ucts storage tanks, for which the annual fee shall not exceed $5 for each tank in place;

(2) permitting, monitoring and inspecting salt solution mining operators, for which the
annual fee shall not exceed $1,950 per company; and

(3) permitting, monitoring and inspecting hydrocarbon storage wells and well systems,
for which the annual fee shall not exceed $1,875 per company.

(g) Prior to any new construction of a confined feeding facility with an animal unit
capacity of 300 to 999, such facility shall register with the secretary of health and environ-
ment. Facilities with less than 300 animal units may register with the secretary. Any such
registration shall be accompanied by a $25 fee. Within 30 days of receipt of such registration,
the department of health and environment shall identify any significant water pollution
potential or separation distance violations pursuant to subsection (h). If there is identified
a significant water pollution potential, such facility shall be required to obtain a permit from
the secretary. If there is no water pollution potential posed by a facility with an animal unit
capacity of less than 300, the secretary may certify that no permit is required. If there is no
water pollution potential nor any violation of separation distances posed by a facility with
an animal unit capacity of 300 to 999, the secretary shall certify that no permit is required
and that there are no certification conditions pertaining to separation distances. If a sepa-
ration distance violation is identified, the secretary may reduce the separation distance in
accordance with subsection (i) and shall certify any such reduction of separation distances.

(h) Any new construction or new expansion of a confined feeding facility shall meet or
exceed the following requirements in separation distances from any habitable structure:

(1) 1320 feet for facilities with an animal unit capacity of 300 to 999; and

(2) 4000 feet for facilities with an animal unit capacity of 1,000 or more.

(i) The separation distance requirements of subsection (h) shall not apply if such person
newly constructing or newly expanding a confined feeding facility obtains a written agree-
ment from all owners of habitable structures which are within the separation distance stating
such owners are aware of such construction or expansion and have no objections to such
construction or expansion. The written agreement shall be filed in the register of deeds
office of the county in which the habitable structure is located. The secretary may reduce
separation distance requirements if: (1) No substantial objection from owners of habitable
structures within the separation distance is received in response to public notice; or (2) the
board of county commissioners of the county where the confined feeding facility is located
submits a written request seeking a reduction of separation distances.

(j) The separation distances required pursuant to subsection (h) shall not apply to:

(1) Confined feeding facilities which are permitted or certified by the secretary on the
effective date of this act;

(2) confined feeding facilities which exist on the effective date of this act and register
with the secretary before July 1, 1996; or

(3) expansion of a confined feeding facility, including any expansion for which an ap-
plication is pending on the effective date of this act, if: (A) In the case of a facility with an
animal unit capacity of 1,000 or more prior to the effective date of this act, the expansion
is located at a distance not less than the distance between the facility and the nearest
habitable structure prior to the expansion; or (B) in the case of a facility with an animal unit
capacity of less than 1,000 prior to the effective date of this act and, the expansion is located
at a distance not less than the distance between the facility and the nearest habitable struc-
ture prior to the expansion the animal unit capacity of the facility after expansion does not
exceed 2,000.

(k) All plans and specifications submitted to the department for new construction or
new expansion of confined feeding facilities may be, but are not required to be, prepared
by a professional engineer or a consultant.

Sec. 36. Upon expiration of the provisions of section 29 pursuant to section 30, K.S.A.
79-32,117 is hereby revived to read as follows: 79-32,117. (a) The Kansas adjusted gross
income of an individual means such individual's federal adjusted gross income for the taxable
year, with the modifications specified in this section.

(b) There shall be added to federal adjusted gross income:

(i) Interest income less any related expenses directly incurred in the purchase of state
or political subdivision obligations, to the extent that the same is not included in federal
adjusted gross income, on obligations of any state or political subdivision thereof, but to the
extent that interest income on obligations of this state or a political subdivision thereof issued
prior to January 1, 1988, is specifically exempt from income tax under the laws of this state
authorizing the issuance of such obligations, it shall be excluded from computation of Kansas
adjusted gross income whether or not included in federal adjusted gross income. Interest
income on obligations of this state or a political subdivision thereof issued after December
31, 1987, shall be excluded from computation of Kansas adjusted gross income whether or
not included in federal adjusted gross income.

(ii) Taxes on or measured by income or fees or payments in lieu of income taxes imposed
by this state or any other taxing jurisdiction to the extent deductible in determining federal
adjusted gross income and not credited against federal income tax. This paragraph shall not
apply to taxes imposed under the provisions of K.S.A. 79-1107 or 79-1108, and amendments
thereto, for privilege tax year 1995, and all such years thereafter.

(iii) The federal net operating loss deduction.

(iv) Federal income tax refunds received by the taxpayer if the deduction of the taxes
being refunded resulted in a tax benefit for Kansas income tax purposes during a prior
taxable year. Such refunds shall be included in income in the year actually received regard-
less of the method of accounting used by the taxpayer. For purposes hereof, a tax benefit
shall be deemed to have resulted if the amount of the tax had been deducted in determining
income subject to a Kansas income tax for a prior year regardless of the rate of taxation
applied in such prior year to the Kansas taxable income, but only that portion of the refund
shall be included as bears the same proportion to the total refund received as the federal
taxes deducted in the year to which such refund is attributable bears to the total federal
income taxes paid for such year. For purposes of the foregoing sentence, federal taxes shall
be considered to have been deducted only to the extent such deduction does not reduce
Kansas taxable income below zero.

(v) The amount of any depreciation deduction or business expense deduction claimed
on the taxpayer's federal income tax return for any capital expenditure in making any build-
ing or facility accessible to the handicapped, for which expenditure the taxpayer claimed
the credit allowed by K.S.A. 79-32,177, and amendments thereto.

(vi) Any amount of designated employee contributions picked up by an employer pur-
suant to K.S.A. 12-5005, 20-2603, 74-4919 and 74-4965, and amendments to such sections.

(vii) The amount of any charitable contribution made to the extent the same is claimed
as the basis for the credit allowed pursuant to K.S.A. 79-32,196, and amendments thereto.

(c) There shall be subtracted from federal adjusted gross income:

(i) Interest or dividend income on obligations or securities of any authority, commission
or instrumentality of the United States and its possessions less any related expenses directly
incurred in the purchase of such obligations or securities, to the extent included in federal
adjusted gross income but exempt from state income taxes under the laws of the United
States.

(ii) Any amounts received which are included in federal adjusted gross income but which
are specifically exempt from Kansas income taxation under the laws of the state of Kansas.

(iii) The portion of any gain or loss from the sale or other disposition of property having
a higher adjusted basis for Kansas income tax purposes than for federal income tax purposes
on the date such property was sold or disposed of in a transaction in which gain or loss was
recognized for purposes of federal income tax that does not exceed such difference in basis,
but if a gain is considered a long-term capital gain for federal income tax purposes, the
modification shall be limited to that portion of such gain which is included in federal adjusted
gross income.

(iv) The amount necessary to prevent the taxation under this act of any annuity or other
amount of income or gain which was properly included in income or gain and was taxed
under the laws of this state for a taxable year prior to the effective date of this act, as
amended, to the taxpayer, or to a decedent by reason of whose death the taxpayer acquired
the right to receive the income or gain, or to a trust or estate from which the taxpayer
received the income or gain.

(v) The amount of any refund or credit for overpayment of taxes on or measured by
income or fees or payments in lieu of income taxes imposed by this state, or any taxing
jurisdiction, to the extent included in gross income for federal income tax purposes.

(vi) Accumulation distributions received by a taxpayer as a beneficiary of a trust to the
extent that the same are included in federal adjusted gross income.

(vii) Amounts received as annuities under the federal civil service retirement system
from the civil service retirement and disability fund and other amounts received as retire-
ment benefits in whatever form which were earned for being employed by the federal
government or for service in the armed forces of the United States.

(viii) Amounts received by retired railroad employees as a supplemental annuity under
the provisions of 45 U.S.C. 228b (a) and 228c (a)(1) et seq.

(ix) Amounts received by retired employees of a city and by retired employees of any
board of such city as retirement allowances pursuant to K.S.A. 13-14,106, and amendments
thereto, or pursuant to any charter ordinance exempting a city from the provisions of K.S.A.
13-14,106, and amendments thereto.

(x) For taxable years beginning after December 31, 1976, the amount of the federal
tentative jobs tax credit disallowance under the provisions of 26 U.S.C. 280 C. For taxable
years ending after December 31, 1978, the amount of the targeted jobs tax credit and work
incentive credit disallowances under 26 U.S.C. 280 C.

(xi) For taxable years beginning after December 31, 1986, dividend income on stock
issued by Kansas Venture Capital, Inc.

(xii) For taxable years beginning after December 31, 1989, amounts received by retired
employees of a board of public utilities as pension and retirement benefits pursuant to K.S.A.
13-1246, 13-1246a and 13-1249 and amendments thereto.

(xiii) For taxable years beginning after December 31, 1993, the amount of income
earned on contributions deposited to an individual development account under K.S.A. 79-
32,117h, and amendments thereto.

(xiv) For all taxable years commencing after December 31, 1996, that portion of any
income of a bank organized under the laws of this state or any other state, a national banking
association organized under the laws of the United States, an association organized under
the savings and loan code of this state or any other state, or a federal savings association
organized under the laws of the United States, for which an election as an S corporation
under subchapter S of the federal internal revenue code is in effect, which accrues to the
taxpayer who is a stockholder of such corporation and which is not distributed to the stock-
holders as dividends of the corporation.

(d) There shall be added to or subtracted from federal adjusted gross income the tax-
payer's share, as beneficiary of an estate or trust, of the Kansas fiduciary adjustment deter-
mined under K.S.A. 79-32,135, and amendments thereto.

(e) The amount of modifications required to be made under this section by a partner
which relates to items of income, gain, loss, deduction or credit of a partnership shall be
determined under K.S.A. 79-32,131, and amendments thereto, to the extent that such items
affect federal adjusted gross income of the partner.'';

By renumbering section 31 as section 37;

Also on page 43, by striking all in lines 32 through 43;

By striking all on page 44;

On page 45, by striking all in lines 1 through 15 and inserting the following:

``New Sec. 38. (a) When used in this section ``county'' means any county which has
conducted, prior to March 1, 1998, an advisory election on the question of rescinding a
resolution adopted pursuant to K.S.A. 17-5908, and amendments thereto.

(b) The board of county commissioners of any county may adopt a resolution rescinding
a resolution adopted pursuant to K.S.A. 17-5908, and amendments thereto. Upon presen-
tation of a petition requesting the recision of a resolution adopted pursuant to K.S.A. 17-
5908, and amendments thereto, signed by at least 5% of the qualified electors of the county,
the board of county commissioners shall adopt a resolution rescinding such resolution. Any
resolution adopted pursuant to this section shall be submitted to the qualified electors of
the county at the next state or county-wide regular or special election which occurs more
than 60 days after the adoption of a resolution pursuant to this section. If a majority of the
voters vote in favor of adopting the resolution, the county election officer shall transmit a
copy of the results of the election to the secretary of state who shall publish in the Kansas
register the results of such election and that swine production facilities are not allowed to
be established in such county.

(c) The election provided for by this section shall be conducted, and the votes counted
and canvassed, in the manner provided by law for question submitted elections of the county.

(d) The provisions of this section shall expire December 31, 1998.

Sec. 39. K.S.A. 1997 Supp. 19-101a is hereby amended to read as follows: 19-101a. (a)
The board of county commissioners may transact all county business and perform all powers
of local legislation and administration it deems appropriate, subject only to the following
limitations, restrictions or prohibitions:

(1) Counties shall be subject to all acts of the legislature which apply uniformly to all
counties.

(2) Counties may not consolidate or alter county boundaries.

(3) Counties may not affect the courts located therein.

(4) Counties shall be subject to acts of the legislature prescribing limits of indebtedness.

(5) In the exercise of powers of local legislation and administration authorized under
provisions of this section, the home rule power conferred on cities to determine their local
affairs and government shall not be superseded or impaired without the consent of the
governing body of each city within a county which may be affected.

(6) Counties may not legislate on social welfare administered under state law enacted
pursuant to or in conformity with public law No. 271--74th congress, or amendments
thereof.

(7) Counties shall be subject to all acts of the legislature concerning elections, election
commissioners and officers and their duties as such officers and the election of county
officers.

(8) Counties shall be subject to the limitations and prohibitions imposed under K.S.A.
12-187 to 12-195, inclusive, and amendments thereto, prescribing limitations upon the levy
of retailers' sales taxes by counties.

(9) Counties may not exempt from or effect changes in statutes made nonuniform in
application solely by reason of authorizing exceptions for counties having adopted a charter
for county government.

(10) No county may levy ad valorem taxes under the authority of this section upon real
property located within any redevelopment area established under the authority of K.S.A.
12-1772, and amendments thereto, unless the resolution authorizing the same specifically
authorized a portion of the proceeds of such levy to be used to pay the principal of and
interest upon bonds issued by a city under the authority of K.S.A. 12-1774, and amendments
thereto.

(11) Counties shall have no power under this section to exempt from any statute au-
thorizing or requiring the levy of taxes and providing substitute and additional provisions
on the same subject, unless the resolution authorizing the same specifically provides for a
portion of the proceeds of such levy to be used to pay a portion of the principal and interest
on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto.

(12) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-
4601 to 19-4625, inclusive, and amendments thereto.

(13) Except as otherwise specifically authorized by K.S.A. 12-1,101 to 12-1,109, inclu-
sive, and amendments thereto, counties may not levy and collect taxes on incomes from
whatever source derived.

(14) Counties may not exempt from or effect changes in K.S.A. 19-430, and amend-
ments thereto. Any charter resolution adopted by a county prior to July 1, 1983, exempting
from or effecting changes in K.S.A. 19-430, and amendments thereto, is null and void.

(15) Counties may not exempt from or effect changes in K.S.A. 19-302, 19-502b, 19-
503, 19-805 or 19-1202, and amendments thereto.

(16) Counties may not exempt from or effect changes in K.S.A. 13-13a26, and amend-
ments thereto. Any charter resolution adopted by a county, prior to the effective date of
this act, exempting from or effecting changes in K.S.A. 13-13a26, and amendments thereto,
is null and void.

(17) Counties may not exempt from or effect changes in K.S.A. 71-301, and amend-
ments thereto. Any charter resolution adopted by a county, prior to the effective date of
this act, exempting from or effecting changes in K.S.A. 71-301, and amendments thereto,
is null and void.

(18) Counties may not exempt from or effect changes in K.S.A. 19-15,139, 19-15,140
and 19-15,141, and amendments thereto. Any charter resolution adopted by a county prior
to the effective date of this act, exempting from or effecting changes in such sections is null
and void.

(19) Counties may not exempt from or effect changes in the provisions of K.S.A. 12-
1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and 12-1226, and amendments thereto, or
the provisions of K.S.A. 1997 Supp. 12-1260 to 12-1270, inclusive, and amendments thereto,
and 12-1276, and amendments thereto.

(20) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-
211, and amendments thereto.

(21) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-
4001 to 19-4015, inclusive, and amendments thereto.

(22) Counties may not regulate the production or drilling of any oil or gas well in any
manner which would result in the duplication of regulation by the state corporation com-
mission and the Kansas department of health and environment pursuant to chapter 55 and
chapter 65 of the Kansas Statutes Annotated and any rules and regulations adopted pursuant
thereto. Counties may not require any license or permit for the drilling or production of oil
and gas wells. Counties may not impose any fee or charge for the drilling or production of
any oil or gas well.

(23) Counties may not exempt from or effect changes in K.S.A. 79-41a04, and amend-
ments thereto.

(24) Counties may not exempt from or effect changes in K.S.A. 1997 Supp. 79-1611,
and amendments thereto.

(25) Counties may not exempt from or effect changes in K.S.A. 1997 Supp. 79-1494,
and amendments thereto.

(26) Counties may not exempt from or effect changes in subsection (b) of K.S.A. 19-
202, and amendments thereto.

(27) Counties may not exempt from or effect changes in subsection (b) of K.S.A. 19-
204, and amendments thereto.

(28) Counties may not exempt from or effect changes in K.S.A. 2-3302, 2-3305, 2-3307,
74-5065 and 79-32,117 and K.S.A. 1997 Supp. 47-1219, 65-171d, 74-5066, 74-8902, 74-
8905, sections 2 through 22, 24, 28, 37 or 38 and amendments thereto, or revivers thereof.

(b) Counties shall apply the powers of local legislation granted in subsection (a) by
resolution of the board of county commissioners. If no statutory authority exists for such
local legislation other than that set forth in subsection (a) and the local legislation proposed
under the authority of such subsection is not contrary to any act of the legislature, such
local legislation shall become effective upon passage of a resolution of the board and pub-
lication in the official county newspaper. If the legislation proposed by the board under
authority of subsection (a) is contrary to an act of the legislature which is applicable to the
particular county but not uniformly applicable to all counties, such legislation shall become
effective by passage of a charter resolution in the manner provided in K.S.A. 19-101b, and
amendments thereto.'';

By renumbering sections 33 through 37 as sections 40 through 44, respectively;

On page 51, in line 40, by striking ``, 17-5908''; in line 41, following ``Supp.'' by inserting
``19-101a,'';

On page 52, by striking all in lines 6 through 14; following line 14, by inserting the
following:

``Sec. 45. Upon expiration of the provisions of sections 1 through 29 and 37 pursuant
to section 30, K.S.A. 2-3302, as amended by section 23 of this act, 2-3305, as amended by
section 25 of this act, 2-3307, as amended by section 26 of this act, and 79-32,117, as
amended by section 29 of this act, and K.S.A. 1997 Supp. 47-1219, as amended by section
27 of this act, and 65-171d, as amended by section 1 of this act, are hereby repealed.'';

By renumbering section 39 accordingly;

In the title, in line 13, by striking ``establishment of''; by striking all in line 14; in line 16,
by striking all following the semicolon; in line 17, by striking all preceding ``amending''; in
line 18, by striking ``, 17-5908''; also in line 18, following ``Supp.'' by inserting ``19-101a,'';
in line 26, preceding the period, by inserting ``; also reviving K.S.A. 2-3302, 2-3305, 2-3307
and 79-32,117 and K.S.A. 1997 Supp. 47-1219 and 65-171d and repealing K.S.A. 2-3302,
as amended by section 23 of this act, 2-3305, as amended by section 25 of this act, 2-3307,
as amended by section 26 of this act, and 79-32,117, as amended by section 29 of this act,
and K.S.A. 1997 Supp. 47-1219, as amended by section 27 of this act, and 65-171d, as
amended by section 1 of this act''; and the bill be passed as amended.

REPORT ON ENGROSSED BILLS

Sub. SB 666 reported correctly engrossed March 31, 1998.

On motion of Senator Emert the Senate adjourned until 9:00 a.m., Wednesday, April 1,
1998.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of the Senate.