April 10, 1998

Journal of the Senate

SIXTY-FIRST DAY ______

Senate Chamber Topeka, Kansas

Friday, April 10, 1998--10:00 a.m.

The Senate was called to order by President Dick Bond.

The roll was called with forty senators present.

Invocation by Chaplain Fred S. Hollomon:

Heavenly Father,

We call today Good Friday,

But it's easily understood

That believers who were there that day

Thought it anything but good.

The Christ in Whom they'd trusted

Was dying on a cross;

It seemed that everything they'd gained

Was now a total loss.

Most had not remembered

He had warned them of that day

When He would shed his life's blood

To wash their sins away.

And so on Sunday morning

They were joyfully surprised

The One Who'd died on Friday

Was alive before their eyes!

So Friday's deep despair

Became Sunday's celebration;

Death had been defeated;

He had purchased their salvation.

And now we thank You, Father,

That now it's understood

For what happened Easter Sunday

We can now call Friday good!

I pray in the Name of the Resurrected Christ,

AMEN

PRESENTATION OF PETITIONS

The following petitions were presented, read and filed:

SP 14, by Senator Dick Bond: a petition endorsing the support of SB 618 including an
automatic 2% Cost of Living adjustment to all current and future retirants commencing five
years after retirement regardless of age, signed by Mary Lee Johnson and 36 other members
of the Chanute Area Unit of the Kansas Retired Teachers.

SP 15, by Senator Dick Bond: a petition protesting ever-increasing property tax liabilities
based on property value appraisals and supporting the major ingredients of SB 6 which
reduces the School General Fund mill levy from 27 to 8.5 and increases the base appraised
value reduction from $20,000 to $40,000, signed by Earl Long and 97 other Johnson County
residents.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

The following bills were referred to Committees as indicated:

Ways and Means: HB 2748, 2989.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR

Senator Lee moved the Senate concur in house amendments to SB 500, on Thursday,
April 2, 1998.

On motion of Senator Clark action was postponed to day certain Friday, April 10, 1998.

SB 500, An Act enacting the Kansas Tax Reduction and Reform Act of 1998; amending
K.S.A. 79-201t, 79-201w, 79-201x, 79-213, 79-1541a, 79-1541b, 79-1542, 79-1564, 79-1569,
79-1570, 79-1571, 79-1572, 79-1574, 79-1575, 79-1576, 79-1579, 79-1580, 79-1587, 79-
3235, 79- 32,110, 79-32,117, 79-32,117h, 79-32,119, 79-32,121, 79-3603, 79- 3606, 79-3617,
79-3619, 79-3633, 79-3635 and 79-4217 and K.S.A. 1997 Supp. 72-6431 and repealing the
existing sections; also repealing K.S.A. 79-1537, 79-1537b, 79-1537c, 79-1537e, 79-1537f,
79-1538, 79- 1538a, 79-1539, 79-1540, 79-1541, 79-1542a, 79-1543, 79-1545, 79- 1547,
79-1548, 79-1549, 79-1550, 79-1551, 79-1552, 79-1553, 79- 1554, 79-1555, 79-1556, 79-
1557, 79-1557a, 79-1559, 79-1560, 79- 1561, 79-1562, 79-1563, 79-1563a, 79-1565, 79-1566,
79-1567, 79- 1567a, 79-1568, 79-1573, 79-1584, 79-1584a, 79-1584b, 79-1584c, 79-1585
and 79-1586 and 79-32,117i.

Senator Lee withdrew her motion to concur and the bill, SB 500, remains in conference.

CONFERENCE COMMITTEE REPORT

Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2724, submits the following report:

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

On page 3, in line 11, preceding ``coronal'' by inserting ``(A)''; in line 12, preceding the
period, by inserting: ``and (B) coronal scale teeth above the gum line as long as such pro-
cedure is not performed on a patient who has undergone local or general anesthesia at the
time of the procedure, is undertaken by a nonlicensed person who has successfully com-
pleted necessary training for performing such dental procedure in a course of study approved
by the board, which course of study is consistent with American dental association accred-
itation standards and includes but is not limited to adequate instruction on scaling the teeth
and recognition of periodontal disease, is undertaken by a person who has met the experi-
ence requirements for performing such procedures as established by the board and such
procedure is performed prior to July 1, 2001. The provisions of this part (B) of subsection
(h)(5) shall expire on July 1, 2001'';

On page 4, in line 32, by inserting a quote mark preceding ``Direct'';

On page 6, in line 11, by striking ``and'' and inserting a comma; in line 12, after ``regents''
by inserting ``and the Kansas dental board'';

On page 10, in line 20, after ``(c)'' by inserting: ``Upon the effective date of this act, in
order to expand the membership to the prescribed six dentists and two dental hygienists,
the governor shall appoint three additional dentists and one additional hygienist to the board
in the manner described in this section. Of the three new dental members, one shall serve
until April 30, 2000, one shall serve until April 30, 2001 and one shall serve until April 30,
2002, as designated by the governor. Thereafter, all terms shall be four-year terms beginning
May 1 of the appointment year and expiring April 30 four years later. When the terms of
the existing dentist members which expire May 1, 2000, and May 1, 2001 conclude, then
successors' shall be appointed for four year terms beginning May 1 and expiring April 30
four years later. The additional dental hygienist appointed upon the effective date of this
act shall serve until April 30, 2002, and thereafter the successor shall serve a four-year term
beginning May 1 and expiring April 30 four years later.'';

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

Sandy Praeger

Janice Hardenburger

Chris Steineger

Conferees on part of Senate

Carlos Mayans

Ted Powell

Gerald Henry

Conferees on part of House

Senator Praeger moved the Senate adopt the Conference Committee report on HB 2724.

On roll call, the vote was: Yeas 30, nays 9, present and passing 1; absent or not voting 0.

Yeas: Barone, Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Downey, Emert, Fele-
ciano, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan,
Langworthy, Lawrence, Morris, Oleen, Praeger, Pugh, Ranson, Salmans, Schraad, Steffes,
Steineger, Vidricksen.

Nays: Biggs, Donovan, Gilstrap, Karr, Kerr, Lee, Petty, Tyson, Umbarger.

Present and passing: Salisbury.

The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT

Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2806, submits the following report:

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

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

Tim Emert

Keith Schraad

Paul Feleciano, Jr.

Conferees on part of Senate

Kent Glasscock

Ted Powers

Gwen Welshimer

Conferees on part of House

Senator Emert moved the Senate adopt the Conference Committee report on HB 2806.

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 Conference Committee report was adopted.

CONFIRMATION OF APPOINTMENTS

In accordance with Senate Rule 56, the following appointments, submitted by the Gov-
ernor to the senate for confirmation, were considered.

Senator Emert moved the following appointments be confirmed as recommended by the
Standing Senate Committees:

On the appointment to the:

Kansas, Inc.:

Alan R. Hoffman, term expires January 15, 2002.

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 appointment was confirmed.

Kansas, Inc.:

Deryl K. Schuster, term expires January 15, 2002.

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 appointment was confirmed.

Kansas Technology Enterprise Corporation:

Thomas W. Sarowski, term expires January 15, 2002.

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 appointment was confirmed.

Kansas Technology Enterprise Corporation:

Tracy Taylor, term expires January 15, 2002.

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 appointment was confirmed.

Board of Indigents' Defense Services:

Brenda Cejda Wright, term expires January 15, 2001.

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 appointment was confirmed.

April 10, 1998

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS

Senator Bleeker introduced the following Senate resolution, which was read:

SENATE RESOLUTION No. 1855--

A RESOLUTION proclaiming Ellinwood as the home of the Wheat Bowl. WHEREAS, Ellinwood, Kansas, is home to some of the country's finest wheat; and

WHEREAS, The quality of that wheat is matched by the positive attitude of the com-
munity; and

WHEREAS, Ellinwood's citizens allow themselves to dream and have the persistence to
make their dreams a reality; and

WHEREAS, The citizens of Ellinwood in 1995 began the first NAIA Division II sanc-
tioned bowl game, known as the Wheat Bowl; and

WHEREAS, The people came together to support small colleges and to promote schol-
arships to those colleges; they secured opponents from midwestern colleges and set in
motion all the details necessary to host the first Wheat Bowl; and

WHEREAS, The citizens' ``can do'' attitude has carried the Wheat Bowl through snow
and wind, through heat and humidity, through every kind of adverse condition; and

WHEREAS, Those who dreamed the dream had the pleasure of seeing football fans
from across the state, marching bands by the dozen and spectators gathered to watch their
favorite sport: Now, therefore,

Be it resolved by the Senate of the State of Kansas: That the community of Ellinwood,
Kansas, be duly honored and officially proclaimed as the home of the Wheat Bowl; and

Be it further resolved: That the Secretary of the Senate be directed to provide an en-
rolled copy of this resolution to the Wheat Bowl Board of Directors President, J.D. Gilmer;
Vice-President/Treasurer, Frank Koelsch; Secretary, Joseph Curtiss; and board members:
George Miller, Jr., Stanley O. Isern, John DeBusk, Todd Morgenstern, Joseph M. Hickel,
Beverly Zimmerman, Al Hammersmith, Jerry Menges, and Toby Johnson, all in care of
Wheat Bowl, Inc., P. O. Box 115, Ellinwood, Kansas 67526.

On emergency motion of Senator Bleeker SR 1855 was adopted unanimously.

Senator Bleeker introduced guests J. D. Gilmer, President of Wheat Bowl, Inc., Toby
Johnson, board member of Wheat Bowl, Inc, and Larry Panning, farmer and cattleman
representing the City of Ellinwood.

Senator Umbarger introduced the following Senate resolution, which was read:

SENATE RESOLUTION No. 1856--

A RESOLUTION congratulating and commending Kristi Garber. WHEREAS, Kristi Garber, of Coffeyville, has been selected as the 1998 Kansas Out-
standing High School Vocational Student and is a finalist for the 1998 All American Voca-
tional Student; and

WHEREAS, The future of our great state is dependent upon a well-educated, highly
skilled and involved citizenry; and

WHEREAS, The next generation of civic, business, education, labor and government
leaders are being nurtured in school programs; and

WHEREAS, The Kansas legislature provides creative policy, innovative programs and
targeted funding that develops high performance people; and

WHEREAS, Kristi Garber exemplifies the future of this great state by being recognized
for service in her school, community and church; elected to leadership positions by her
peers at the school, state and national level and honored for scholarship in a rigorous aca-
demic and vocational curriculum at Labette County High School; and

WHEREAS, Superintendent Dennis Wilson, Principal Greg Cartwright, plus the faculty,
staff and students of Labette county schools and every citizen of Coffeyville and Labette
county who supported and encouraged Kristi are to be commended for enabling her to excel
and be named the 1998 Kansas Outstanding High School Vocational Student and a finalist
for the 1998 All American Vocational Student, a program sponsored by SERVISTAR, Coast
to Coast, and True Value dealers nationwide: Now, therefore,

Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Kristi Garber upon being selected as the 1998 Kansas High School Vocational Student; and

Be it further resolved: That the Secretary of the Senate be directed to provide five
enrolled copies of this resolution to Senator Umbarger.

On emergency motion of Senator Umbarger SR 1856 was adopted unanimously.

Senator Umbarger introduced and congratulated Kristi for being selected as outstanding
student.

FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS

On motion of Senator Emert an emergency was declared by a 2
3/ constitutional majority,
and HB 2510; HCR 5052 were advanced to Final Action, subject to amendment, debate
and roll call.

HB 2510, An act amending the Kansas parimutuel racing act; amending K.S.A. 74-8809,
74-8811 and 79-4801 and K.S.A. 1997 Supp. 74- 8810, 74-8816, 74-8831 and 74-8836 and
repealing the existing sections, was considered on final action.

The bill was amended by adoption of the committee amendments, and further amended
by motion of Senator Corbin on page 18, following line 40, by inserting:

``Sec. 6. K.S.A. 1997 Supp. 74-8836 is hereby amended to read as follows: 74-8836. (a)
Any organization licensee that conducts at least 150 days of live racing during a calendar
year or a fair association that conducts fewer than 22 days of live racing during a calendar
year may apply to the commission for a simulcasting license to display simulcast horse or
greyhound races and to conduct intertrack parimutuel wagering thereon. If the organization
licensee conducts races at a racetrack facility that is owned by a facility owner licensee, both
licensees shall join in the application. A simulcasting license granted to a fair association
that conducts fewer than 22 days of live racing shall restrict the fair association's display of
simulcast races to a number of days, including days on which it conducts live races, equal
to not more than twice the number of days on which it conducts live races.

(b) (1) A simulcasting license granted to an organization licensee other than a fair as-
sociation shall authorize the display of simulcast races at the racetrack facility where the live
races are conducted so long as the licensee conducts at least eight live races per day and an
average of 10 live races per day per week. If a simulcasting licensee conducts live horse
races on a day when simulcast races are displayed by the licensee and the licensee conducts
fewer than an average of 10 live horse races per day per week, not less than 80% of the
races on which wagers are taken by the licensee during such week shall be live races con-
ducted by the licensee unless approved by the recognized horsemen's group or upon a
finding by the commission that the organization licensee was unable to do so for reasonable
cause. If a simulcast licensee conducts live greyhound races on a day when simulcast races
are displayed by the licensee and the licensee schedules fewer than 13 live greyhound races
during a performance on such day, not less than 80% of the races on which wagers are taken
by the licensee during such performance shall be live races conducted by the licensee.

(2) A simulcasting license granted to a fair association shall authorize the display of
simulcast races at the racetrack facility where the races are conducted only if live races are
scheduled for two or more days of the same calendar week, except that the licensee may
conduct simulcast races in the week immediately before and immediately after a live meeting
if the total number of days on which simulcast races are displayed does not exceed the total
authorized in subsection (a). In no case shall the live meet or simulcast races allowed under
this subsection exceed 10 consecutive weeks. For purposes of this subsection, a calendar
week shall be measured from Monday through the following Sunday.

(3) Notwithstanding the provisions of subsection (a), (b)(1) or (b)(2), a fair association
may apply to the commission for not more than five additional days of simulcasting of special
events. In addition, the commission may authorize a fair association to display additional
simulcast races but, if such fair association is less than 100 miles from an organization
licensee that is not a fair association, it must also secure written consent from that organi-
zation licensee.

(4) Notwithstanding the provisions of subsection (b)(1), if an emergency causes the
cancellation of all or any live races scheduled for a day or performance by a simulcasting
licensee, the commission or the commission's designee may authorize the licensee to display
any simulcast races previously scheduled for such day or performance.

(5) Notwithstanding the provisions of subsection (b)(1), the commission may authorize
the licensee to display simulcast special racing events as designated by the commission.

(c) The application for a simulcasting license shall be filed with the commission at a
time and place prescribed by rules and regulations of the commission. The application shall
be in a form and include such information as the commission prescribes.

(d) To qualify for a simulcasting license the applicant shall:

(1) Comply with the interstate horse racing act of 1978 (15 U.S.C. 3001 et seq.) as in
effect December 31, 1991;

(2) submit with the application a written approval of the proposed simulcasting schedule
signed by: (A) The recognized horsemen's group for the track, if the applicant is licensed
to conduct only horse races; (B) the recognized greyhound owners' group, if the applicant
is licensed to conduct only greyhound races and only greyhound races are to be simulcast;
(C) both the recognized greyhound owners' group and a recognized horsemen's group, if
the applicant is licensed to conduct only greyhound races and horse races are to be simulcast;
(D) the recognized greyhound owners' group, if the applicant is licensed to conduct both
greyhound and horse races, only greyhound races are to be simulcast and races are to be
simulcast only while the applicant is conducting live greyhound races; (E) the recognized
horsemen's group for the track, if the applicant is licensed to conduct both greyhound and
horse races, only horse races are to be simulcast and races are to be simulcast only while
the applicant is conducting live horse races; or (F) both the recognized greyhound owners'
group and the recognized horsemen's group for the track, if the applicant is licensed to
conduct both greyhound races and horse races and horse races are to be simulcast while
the applicant is conducting live greyhound races or greyhound races are to be simulcast
while the applicant is conducting live horse races; and

(3) submit, in accordance with rules and regulations of the commission and before the
simulcasting of a race, a written copy of each contract or agreement which the applicant
proposes to enter into with regard to such race, and any proposed modification of any such
contract or agreement.

(e) The term of a simulcasting license shall be one year.

(f) A simulcasting licensee may apply to the commission or its designee for changes in
the licensee's approved simulcasting schedule if such changes are approved by the respective
recognized greyhound owners' group or recognized horsemen's group needed throughout
the term of the license. Application shall be made upon forms furnished by the commission
and shall contain such information as the commission prescribes.

(g) Except as provided by subsection ~~(j)~~ (k), the takeout for simulcast horse and grey-
hound races shall be the same as it is for the live horse and greyhound races conducted
during the current or next live race meeting at the racetrack facility where the simulcast
races are displayed. For simulcast races the tax imposed on amounts wagered shall be as
provided by K.S.A. 74-8823 and amendments thereto. The simulcasting licensee shall be
entitled to retain sufficient revenue to pay expenses directly related to the simulcast race or
performance. The commission, by rules and regulations, shall define what constitutes such
expenses. Of the balance of the takeout remaining after deduction of taxes and expenses,
50% shall be paid to the simulcasting licensee. The remainder shall be used for purses, as
follows:

(1) For purses for greyhound races conducted by the licensee, if the simulcast race is a
greyhound race and the licensee conducts only live greyhound races;

(2) for purses for horse races conducted by the licensee, if the simulcast race is a horse
race and the licensee conducts only live horse races;

(3) for purses, as determined by both the recognized horsemen's group and the rec-
ognized greyhound owners' group, if the simulcast race is a greyhound race and the licensee
does not conduct or is not currently conducting live greyhound races; or

(4) for purses, as determined by both the recognized horsemen's group and the rec-
ognized greyhound owners' group, if the simulcast is a horse race and the licensee does not
conduct or is not currently conducting live horse races.

(h) That portion of simulcast purse money generated at a racetrack facility where the
licensee does not conduct live horse races determined to be used for horse purses pursuant
to subsection (g)(4) above shall be apportioned by the commission to the various horse race
meets held in any given year based upon the number of live horse race dates each such horse
race meet held in the preceding calendar year.

~~(h)~~ (i) Except as provided by subsection ~~(j)~~ (k):

(1) If a simulcasting licensee has a license to conduct live horse races and the licensee
displays a simulcast horse race: (A) All breakage proceeds shall be remitted by the licensee
to the commission not later than the 15th day of the month following the race from which
the breakage is derived and the commission shall promptly remit any such proceeds received
to the state treasurer, who shall deposit the entire amount in the state treasury and credit
it to the Kansas horse breeding development fund created by K.S.A. 74-8829 and amend-
ments thereto; and (B) all unclaimed ticket proceeds shall be remitted by the licensee to
the commission on the 61st day after the end of the calendar year and the commission shall
promptly remit any such proceeds received to the state treasurer, who shall deposit the
entire amount in the state treasury and credit it to the Kansas horse breeding development
fund created by K.S.A. 74-8829 and amendments thereto.

(2) If a simulcasting licensee has a license to conduct live greyhound races and the
licensee displays a simulcast greyhound race, breakage and unclaimed winning ticket pro-
ceeds shall be distributed in the manner provided by K.S.A. 74-8821 and 74-8822, and
amendments thereto, for breakage and unclaimed winning ticket proceeds from live grey-
hound races.

(3) If a simulcasting licensee has a license to conduct live racing of only horses and the
licensee displays a simulcast greyhound race, unclaimed winning ticket proceeds shall be
distributed in the manner provided by K.S.A. 74-8822, and amendments thereto, for un-
claimed winning ticket proceeds from live greyhound races. Breakage for such races shall
be distributed for use to benefit greyhound racing as determined by the commission.

(4) If a simulcasting licensee has a license to conduct live racing of only greyhounds and
the licensee displays a simulcast horse race: (A) All breakage proceeds shall be remitted by
the licensee to the commission not later than the 15th day of the month following the race
from which the breakage is derived and the commission shall promptly remit any such
proceeds received to the state treasurer, who shall deposit the entire amount in the state
treasury and credit it to the Kansas horse breeding development fund created by K.S.A. 74-
8829 and amendments thereto; and (B) all unclaimed ticket proceeds shall be remitted by
the licensee to the commission on the 61st day after the end of the calendar year and the
commission shall promptly remit any such proceeds received to the state treasurer, who
shall deposit the entire amount in the state treasury and credit it to the Kansas horse breed-
ing development fund created by K.S.A. 74-8829 and amendments thereto.

~~(i)~~ (j) The commission may approve a request by two or more simulcasting licensees to
combine wagering pools within the state of Kansas pursuant to rules and regulations adopted
by the commission.

~~(j)~~ (k) (1) The commission may authorize any simulcasting licensee to participate in an
interstate combined wagering pool with one or more other racing jurisdictions.

(2) If a licensee participates in an interstate pool, the licensee may adopt the takeout
of the host jurisdiction or facility, except that the takeout shall not be more than 20% on
win, place and show bets and not more than 25% on all other bets. The amount and manner
of paying purses from the takeout in an interstate pool shall be as provided by subsection
(g).

(3) The tax imposed on amounts wagered in an interstate pool shall be as provided by
K.S.A. 74-8823 and amendments thereto. Parimutuel taxes may not be imposed on any
amounts wagered in an interstate combined wagering pool other than amounts wagered
within this jurisdiction.

(4) Breakage for interstate combined wagering pools shall be calculated in accordance
with the statutes and rules and regulations of the host jurisdiction and shall be allocated
among the participating jurisdictions in a manner agreed to among the jurisdictions. Break-
age allocated to this jurisdiction shall be distributed as provided by subsection (h).

(5) Upon approval of the respective recognized greyhound owners' group or recognized
horsemen's group, the commission may permit an organization licensee to simulcast to other
racetrack facilities or off-track wagering or intertrack wagering facilities in other jurisdictions
one or more races conducted by such licensee, use one or more races conducted by such
licensee for an intrastate combined wagering pool or use one or more races conducted by
such licensee for an interstate combined wagering pool at off-track wagering or intertrack
wagering locations outside the commission's jurisdiction and may allow parimutuel pools in
other jurisdictions to be combined with parimutuel pools in the commission's jurisdiction
for the purpose of establishing an interstate combined wagering pool.

(6) The participation by a simulcasting licensee in a combined interstate wagering pool
does not cause that licensee to be considered to be doing business in any jurisdiction other
than the jurisdiction in which the licensee is physically located.

~~(k)~~ (l) If the organization licensee, facility owner licensee if any and the recognized
horsemen's group or recognized greyhound owners' group are unable to agree concerning
a simulcasting application, the matter may be submitted to the commission for determina-
tion at the written request of any party in accordance with rules and regulations of the
commission.

~~(l)~~ (m) This section shall be part of and supplemental to the Kansas parimutuel racing
act.'';

By renumbering sections accordingly;

On page 19, in line 14, by striking ``and 74-8831'' and inserting ``, 74-8831 and 74-8836'';

On page 1, in the title, in line 16, by striking ``and 74-8831'' and inserting ``, 74-8831 and
74-8836''.

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 bill passed, as amended.

HCR 5052, A concurrent resolution requesting the placement of a mural in the Capitol
honoring the 1st Kansas (Colored) Voluntary Infantry Regiment, 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 resolution was adopted.

REPORT ON ENROLLED BILLS

SR 1854 reported correctly enrolled, properly signed and presented to the Secretary of
the Senate on April 10, 1998.

On motion of Senator Emert, the Senate recessed until 3:00 p.m.

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

MESSAGE FROM THE HOUSE

Announcing adoption of HCR 5053.

Also, passage of SB 418.

Passage of SB 44, as amended, Substitute SB 424, as amended by House Substitute
for Substitute for SB 424.

The House concurs in Senate amendments to HB 2531 and requests the Senate to return
the bill.

The House concurs in Senate amendments to HB 2759 and requests the Senate to return
the bill.

The House adopts the conference committee report on SB 495.

The House adopts the conference committee report on HB 2249.

The House adopts the conference committee report on Substitute HB 2950.

The House adopts the Conference Committee Report to agree to disagree on SB 11 and
has appointed Representatives Farmer, Edmonds and Helgerson as third conferees on the
part of the House.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS

HCR 5053 was thereupon introduced and read by title.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR

On motion of Senator Langworthy the Senate nonconcurred in the House amendments
to SB 44 and requested a conference committee be appointed.

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

On motion of Senator Praeger the Senate nonconcurred in the House amendments to
House Sub. for Sub. SB 424 and requested a conference committee be appointed.

The President appointed Senators Praeger, Steffes and Feleciano as a conference com-
mittee on the part of the Senate.

CONFERENCE COMMITTEE REPORT

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

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

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

Mike Farmer

Henry M. Helgerson, Jr.

Conferees on part of House

Dave Kerr

Stephen R. Morris

Conferees on part of Senate

On motion of Senator Kerr, the Senate adopted the conference committee report on
SB 11, and requested a new conference committee be appointed.

The President appointed Senators Kerr, Morris and Petty as a third conference committee
on the part of the Senate on SB 11.

CONFERENCE COMMITTEE REPORT

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

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

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

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

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

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

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

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

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

``Sec. 16.

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

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

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

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

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

Cosmosphere, Hutchinson, KS

$1,500,000

Boot Hill museum, Front Street, Dodge City, KS 67801

$150,000

Exploration Place, Wichita, KS

$1,500,000

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

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

Sec. 17.

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

Sec. 18.

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

Operating expenditures

$24,860

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

EDIF--friends of the free state capitol grant fund

$100,000

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

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

Sec. 19.

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

Sec. 20.

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

Sec. 21.

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

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

Sec. 22.

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

Sec. 23.

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

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

Sec. 24.

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

Sec. 25.

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

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

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

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

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

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

Sec. 26.

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

Operating expenditures

$994,396

Sec. 27.

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

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

Sec. 28.

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

Sec. 29.

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

Welfare to work grant--state match

$3,334,200

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

Welfare to work grant--federal fund

No limit

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

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

Sec. 30.

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

Community based services

$1,953,313

Other medical assistance

$1,071,291

Youth services aid and assistance

$8,916,632

Cash Assistance

$9,715,382

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 31.

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

Administration

$4,812,236

Program grants

$3,693,362

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

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

General fees fund

No limit

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

Medical resources and collection fund

No limit

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

Sec. 32.

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

Sec. 33.

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

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

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

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

Sec. 34.

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

Sec. 35.

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

Sec. 36.

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

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

Operating expenditures (including official hospitality)

$222,186

Sec. 37.

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

Sec. 38.

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

Operating expenditures (including official hospitality)

$51,393

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

Sec. 39.

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

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

Sec. 40.

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

Operating expenditures (including official hospitality)

$115,674

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

Sec. 41.

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

Sec. 42.

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

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

Larned juvenile correctional facility fee fund

No limit

Sec. 43.

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

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

Gifts, grants and donations fund

$45,000

Sec. 44.

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

Adult corrections oversight

$2,356

Sec. 45.

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

Parole from adult correctional institutions

$2,931

Sec. 46.

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

Sec. 47.

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

Operating expenditures

$27,926

State matching funds

$89,367

Sec. 48.

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

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

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

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

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

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

Sec. 49.

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

Sec. 50.

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

Storm damage--horse barn razing

$23,000

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

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

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

EDIF--operating expenditures fund

$115,000

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

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

Sec. 51.

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

Sec. 52.

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

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

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

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

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

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

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

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

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

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

AIDS medication shortfall

$235,000

Year 2000 computer repair

$1,106,158

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

Child care facilities licensure fund

$1,000,000

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

Sec. 53.

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

Operating expenditures

$45,800

Sec. 54.

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

Sec. 55.

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

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

Sec. 56.

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

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

Sec. 57.

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

Sec. 58.

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

Operating expenditures

$31,118

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

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

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

Sec. 60.

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

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

Sec. 61.

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

Sec. 62.

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

Sec. 63.

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

Sec. 64.

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

Sec. 65.

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

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

Sec. 66.

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

Sec. 67.

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

Sec. 68.

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

Sec. 69.

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

Sec. 70.

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

Sec. 71.

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

Sec. 72.

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

Sec. 73.

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

Sec. 74.

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

Sec. 75.

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

Sec. 76.

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

Sec. 77.

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

Sec. 78.

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

Sec. 79.

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

Sec. 80.

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

Sec. 81.

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

Sec. 82.

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

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

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

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

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

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

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

Sec. 84.

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

Legislative coordinating council--operations

$558,063

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

Legislative research department--operations

$2,271,567

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

Office of revisor of statutes--operations

$2,053,047

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

Sec. 85.

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

Operations (including official hospitality)

$13,725,565

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

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

Legislative special revenue fund

No limit

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

(c) In addition to the other purposes for which expenditures may be made by the above
agency from the moneys appropriated from the state general fund or in the legislative special
revenue fund for fiscal year 1999 by this or other appropriation act of the 1998 regular
session of the legislature, expenditures shall be made by the above agency from the moneys
appropriated from the state general fund or in the legislative special revenue fund for fiscal
year 1999 for the SRS transition oversight committee which was established by K.S.A. 1997
Supp. 46-2701, which is composed of 12 members and which is hereby specifically continued
in existence for fiscal year 1999, notwithstanding any provisions of K.S.A. 1997 Supp. 46-
2701 to the contrary, in accordance with this subsection: Provided, That the terms of office
of all members of the SRS transition oversight committee serving on June 30, 1998, are
hereby continued until January 11, 1999, and the terms of office of the chairperson and the
vice-chairperson serving in such offices on June 30, 1998, are hereby continued until January
11, 1999: Provided further, That, on or after January 11, 1999, (1) three members of the
house of representatives who are members of the committee on appropriations, two who
are members of the majority party and one who is a member of the minority party, shall be
appointed by the chairperson of the committee on appropriations as members of the SRS
transition oversight committee for terms ending on June 30, 1999, (2) three members of
the senate who are members of the committee on ways and means, two who are members
of the majority party and one who is a member of the minority party, shall be appointed by
the chairperson of the committee on ways and means as members of the SRS transition
oversight committee for terms ending on June 30, 1999, (3) three members of the house of
representatives who are members of the committee on health and human services, two who
are members of the majority party and one who is a member of the minority party, shall be
appointed by the speaker of the house of representatives as members of the SRS transition
oversight committee for terms ending on June 30, 1999, and (4) three members of the
senate who are members of the committee on public health and welfare, two who are
members of the majority party and one who is a member of the minority party, shall be
appointed by the president of the senate as members of the SRS transition oversight com-
mittee for terms ending on June 30, 1999: And provided further, That for the period from
January 11, 1999, through June 30, 1999, the chairperson of the SRS transition oversight
committee shall be a senator appointed by the chairperson of the committee on ways and
means and the vice-chairperson of the SRS transition oversight committee shall be a rep-
resentative who is appointed by the chairperson of the committee on appropriations: And
provided further, That if a vacancy occurs in the office of any member of the SRS transition
oversight committee, a successor shall be appointed in the same manner as the original
appointment: And provided further, That the SRS transition oversight committee shall meet
on call of the chairperson and all such meetings shall be held in Topeka unless authorized
to be held in a different place by the legislative coordinating council: And provided further,
That members of the SRS transition oversight committee shall receive compensation and
travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212 and
amendments thereto when attending meetings of such committee: And provided further,
That the SRS transition oversight committee shall have the following duties:

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

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

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

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

(5) the SRS transition oversight committee shall:

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

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

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

Sec. 86.

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

Operations (including legislative post audit committee)

$1,492,450

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

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

Audit services fund

No limit

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

Conversion of materials and equipment fund

No limit

State agency audits fund

No limit

Sec. 87.

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

Governor's department

$1,804,157

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

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

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

Conversion of materials and equipment fund

No limit

Sec. 88.

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

Operations

$100,556

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

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

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

Sec. 89.

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

Operating expenditures

$3,366,433

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

Litigation costs

$80,443

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

Additional operating expenditures for investigation and litigation regard-ing interstate water rights

$938,423

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

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

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

Court cost fund

No limit

Bond transcript review fee fund

No limit

Conversion of materials and equipment fund

No limit

Attorney general's antitrust special revenue fund

No limit

Private gifts fund

No limit

Attorney general's antitrust suspense fund

No limit

Attorney general's consumer protection clearing fund

No limit

Attorney general's committee on crime prevention fee fund

No limit

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

Tort claims fund

No limit

Work-study reimbursement fund

No limit

Crime victims compensation fund

No limit

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

Child exchange and visitation fund

No limit

Federal preventive health and health services block grant fund

No limit

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

Crime victims assistance fund

No limit

Protection from abuse fund

No limit

Drug free schools and communities fund

No limit

Victims of crime act--federal fund

No limit

Victims of crime assistance act--federal fund

No limit

Family violence prevention and services fund--federal

No limit

Violence against women grant fund

No limit

Crime victims grants and gifts fund

No limit

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

Attorney general's medicaid fraud control fund

No limit

Other federal grants and reimbursement fund

No limit

Debt collection administration cost recovery fund

No limit

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

Medicaid fraud reimbursement fund

No limit

Medicaid fraud prosecution revolving fund

No limit

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

Interstate water litigation fund

No limit

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

Sec. 90.

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

Operating expenditures

$1,501,360

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

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

Cemetery and funeral audit fee fund

No limit

Conversion of materials and equipment fund

No limit

Information and copy service fee fund

No limit

State register fee fund

No limit

Uniform commercial code fee fund

No limit

State flag and banner fund

No limit

Secretary of state fee refund fund

No limit

Electronic voting machine examination fund

No limit

Suspense fund

No limit

Prepaid services fund

No limit

Athlete agent registration fee fund

No limit

Franchise fee recovery fund

No limit

Sec. 91.

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

Operating expenditures

$1,743,432

Banking services

$330,000

Fiscal agency fund

No limit

Bond services fee fund

No limit

City bond finance fund

No limit

Taylor grazing fees--federal fund

No limit

Local ad valorem tax reduction fund

No limit

County and city revenue sharing fund

No limit

Suspense fund

No limit

County and city retailers' sales tax fund

No limit

County and city compensating use tax fund

No limit

Local alcoholic liquor fund

No limit

Local alcoholic liquor equalization fund

No limit

Unclaimed property claims fund

No limit

Unclaimed property expense fund

No limit

Unclaimed mineral proceeds trust fund

No limit

University of Kansas--student union annex--bond and interest sinkingfund

No limit

University of Kansas--satellite student union bond and interest sinkingfund

No limit

Road and schools--10 U.S.C. 2655 federal fund

No limit

Racing admissions tax fund

No limit

Rental motor vehicle excise tax fund

No limit

Services reimbursement fund

No limit

Municipal investment pool fund

No limit

Municipal investment pool reserve fund

No limit

Municipal investment pool fund fee fund

No limit

Pooled money investment portfolio fee fund

No limit

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

Conversion of materials and equipment fund

No limit

Tax increment financing revenue replacement fund

No limit

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

Sec. 92.

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

Insurance department service regulation fund

$6,504,003

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

Insurance company examination fund

No limit

Insurance company annual statement examination fund

No limit

Insurance company examiner training fund

No limit

Conversion of materials and equipment fund

No limit

Commissioner's travel reimbursement fund

No limit

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

Workers compensation fund

No limit

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

State firefighters relief fund

No limit

Suspense fund

No limit

Insurance company tax and fee refund fund

No limit

Group-funded workers' compensation pools fee fund

No limit

Municipal group-funded pools fee fund

No limit

Uninsurable health insurance plan fund

No limit

Senior health insurance counseling for Kansans fund

No limit

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

Insurance education and training fund

No limit

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

Sec. 93.

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

Health care stabilization fund

No limit

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

Operating expenditures

$858,687

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

Fees--legal and professional services

No limit

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

Claims and benefits

No limit

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

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

Attorney General

86.8

Secretary of State

55.0

State Treasurer

56.5

Insurance Department

161.5

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

Health Care Stabilization Fund Board of Governors

16.0

Sec. 95.

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

Operating expenditures

$246,903

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

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

Grants and gifts fund

No limit

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

Publications fee fund

No limit

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

Sec. 96.

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

Operating expenditures

$11,908,942

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

Capital defense operations

$1,273,319

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

Legal services for prisoners

$480,220

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

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

Indigents' defense services fund

No limit

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

Inservice education workshop fee fund

No limit

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

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

Judicial Council

4.0

Sec. 98.

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

Judiciary operations

$74,057,667

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

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

Library report fee fund

No limit

Judiciary technology fund

No limit

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

Judicial branch gifts fund

No limit

Dispute resolution fund

No limit

Judicial branch education fund

No limit

Conversion of materials and equipment fund

No limit

Child welfare federal grant fund

No limit

Duplicate law book fund

No limit

Child support enforcement contractual agreement fund

No limit

Bar admission fee fund

No limit

Permanent families account--family and children investment fund

No limit

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

Court reporter fund

No limit

Access to justice fund

No limit

CSE contract agreement fund

No limit

Judicial technology and building and grounds fund

No limit

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

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

Sec. 99.

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

Kansas public employees retirement fund

No limit

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

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

Agency operations

$4,675,482

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

Investment related expenses

$23,164,887

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

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

Actuarial funding--3% postretirement benefit increase

$28,342,761

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

Sec. 100.

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

Operating expenditures

$351,781

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

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

Kansas commission on governmental standards and conduct fee fund

$147,653

Sec. 101.

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

Operating expenditures

$1,439,671

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

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

Federal fund

No limit

Conversion of materials and equipment fund

No limit

Annual banquet fund

No limit

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

Education and training fund

No limit

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

Sec. 102.

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

Public service regulation fund

No limit

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

Motor carrier license fees fund

No limit

Conservation fee fund

No limit

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

Gas pipeline inspection fee fund

No limit

Abandoned oil and gas well fund

No limit

Gas pipeline safety program--federal fund

No limit

Energy grants management fund

No limit

Alternative fuels and transportation initiatives grant--federal fund

No limit

Energy conservation plan--federal fund

No limit

Underground injection control class II--federal fund

No limit

Inservice education workshop fee fund

No limit

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

Base state registration clearing fund

No limit

Suspense fund

No limit

Data management system fund

No limit

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

Sec. 103.

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

Utility regulatory fee fund

$439,190

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

Gifts and donations fund

No limit

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

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

Sec. 104.

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

General administration

$1,179,118

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

Accounting and reporting services

$2,671,278

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

Budget analysis

$1,305,161

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

Personnel services

$3,089,554

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

Purchasing

$1,240,253

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

Architectural services and planning

$1,269,759

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

Facilities management

$2,366,051

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

Insurance for state buildings

$336,510

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

Department of administration systems

$5,540,534

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

Public broadcasting council operating grants

$1,695,977

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

Public broadcasting capital equipment grants

$250,000

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

Gubernatorial transition

$100,000

Policy analysis initiatives

$132,054

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

Performance review board

$260,237

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

Actuarial study

$40,000

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

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

Federal cash management fund

No limit

Kansas performance review board fund

No limit

Closure health insurance fund

No limit

Closure term life insurance fund

No limit

Retirement salary recapture fund

No limit

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

State leave payment reserve fund

No limit

State budget stabilization fund

Building and ground fund

No limit

General fees fund

No limit

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

Budget fees fund

No limit

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

Purchasing fees fund

No limit

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

Architectural services fee fund

No limit

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

Municipal accounting and training services recovery fund

No limit

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

Budget equipment conversion fund

No limit

Conversion of materials and equipment fund

No limit

Architectural services equipment conversion fund

No limit

Property contingency fund

No limit

Flood control emergency--federal fund

No limit

Information technology fund

No limit

Information technology reserve fund

No limit

Computer services recovery fund

No limit

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

State buildings operating fund

No limit

Accounting services recovery fund

No limit

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

Architectural services recovery fund

$1,226,734

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

Motor pool service fund

$2,693,843

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

Motor pool service depreciation reserve fund

No limit

Kansas public employees retirement clearing fund

No limit

Intragovernmental printing service fund

No limit

Intragovernmental printing service depreciation reserve fund

No limit

Central aircraft fund

No limit

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

Canceled warrants payment fund

No limit

Executive mansion gifts fund

No limit

Veterans memorial fund

No limit

State emergency fund

No limit

Bid and contract deposit fund

No limit

State workers compensation self-insurance fund

No limit

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

Health and hospitalization insurance clearing fund

No limit

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

Federal withholding tax clearing fund

No limit

State gaming revenues fund

No limit

Health insurance premium reserve fund

No limit

Purchasing seminars clearing fund

No limit

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

Excise tax refund clearing fund

No limit

State withholding tax clearing fund

No limit

Unemployment compensation tax clearing fund

No limit

Construction defects recovery fund

No limit

Preventive health care program fund

No limit

Cafeteria benefits fund

No limit

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

Dependent care assistance program fund

No limit

Conversion of materials and equipment--recycling program fund

No limit

Employees faithful performance bond clearing fund

No limit

Deferred compensation clearing fund

No limit

Equipment lease purchase program administration clearing fund

No limit

Suspense fund

No limit

Series E savings bonds clearing fund

No limit

Optional life insurance clearing fund

No limit

Employee organization dues clearing fund

No limit

United Way contributions clearing fund

No limit

Setoff clearing fund

No limit

Parking fees clearing fund

No limit

Electronic funds transfer suspense fund

No limit

State employee contribution clearing fund for OASDHI

No limit

Intergovernmental cooperation agreement for development of statewidecost allocation plan clearing fund

No limit

Medicare fund clearing account

No limit

State leave payment reserve fund

No limit

Ad Astra sculpture fund

No limit

State capitol dome sculpture fund

No limit

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

Topeka state hospital transition fund

No limit

Administrative hearings office fund

No limit

Public broadcasting equipment grants EDIF fund

$200,000

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Kansas Public Employees Retirement System

76.0

Kansas Commission on Governmental Standards and Conduct

9.0

Kansas Human Rights Commission

37.0

State Corporation Commission

212.0

Citizens' Utility Ratepayer Board

3.0

Department of Administration

855.9

Sec. 106.

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

Operating expenditures

$1,632,665

Duplicating fees fund

No limit

Sec. 107.

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

Operating expenditures

$28,215,419

Sand royalty fund

No limit

Division of vehicles operating fund

$30,374,330

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

Vehicle dealers and manufacturers fee fund

No limit

Kansas qualified agricultural ethyl alcohol producer incentive fund

No limit

Local report fee fund

No limit

Military retirees income tax refund fund

No limit

Conversion of materials and equipment fund

No limit

Forfeited property fee fund

No limit

Setoff services revenue fund

No limit

Publications fee fund

No limit

State bingo regulation fund

$361,530

Child support enforcement contractual agreement fund

No limit

County treasurers' vehicle licensing fee fund

No limit

Reappraisal reimbursement fund

No limit

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

Special training fund

No limit

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

Recovery fund for enforcement actions and attorney fees

No limit

Federal commercial motor vehicle safety fund

No limit

Central stores fund

No limit

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

Microfilming fund

No limit

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

Miscellaneous trust bonds fund

No limit

Liquor excise tax guarantee bond fund

No limit

Non-resident contractors cash bond fund

No limit

Bond guaranty fund

No limit

Interstate motor fuel user cash bond fund

No limit

Motor fuel distributor cash bond fund

No limit

County and city bingo tax fund

No limit

Special county mineral production tax fund

No limit

County drug tax fund

No limit

Escheat proceeds suspense fund

No limit

Privilege tax refund fund

No limit

Suspense fund

No limit

Cigarette tax refund fund

No limit

Motor-vehicle fuel tax refund fund

No limit

Cereal malt beverage tax refund fund

No limit

Income tax refund fund

No limit

Sales tax refund fund

No limit

Compensating tax refund fund

No limit

Alcoholic liquor tax refund fund

No limit

Cigarette/tobacco products regulation fund

No limit

Motor carrier tax refund fund

No limit

Car company tax fund

No limit

Protested motor carrier taxes fund

No limit

Tobacco products refund fund

No limit

Transient guest tax refund fund established by K.S.A. 12-1694a

No limit

Interstate motor fuel taxes clearing fund

No limit

Bingo refund fund

No limit

Transient guest tax refund fund established by K.S.A. 12-16,100

No limit

Inheritance tax abatement refund fund

No limit

Interstate motor fuel taxes refund fund

No limit

Interfund clearing fund

No limit

Local alcoholic liquor clearing fund

No limit

International registration plan distribution clearing fund

No limit

Rental motor vehicle excise tax refund fund

No limit

International fuel tax agreement clearing fund

No limit

Mineral production tax refund fund

No limit

Special fuels tax refund fund

No limit

LP-gas motor fuels refund fund

No limit

Local alcoholic liquor refund fund

No limit

Sales tax clearing fund

No limit

Rental motor vehicle excise tax clearing fund

No limit

VIPS/CAMA technology hardware fund

No limit

County and city retailers sales tax clearing fund--county and city salestax

No limit

City and county compensating use tax clearing fund

No limit

County and city transient guest tax clearing fund

No limit

Automated tax systems fund

No limit

Dyed diesel fuel fee fund

No limit

Electronic databases fee fund

$2,350,000

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

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

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

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

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

Sec. 108.

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

Lottery prize payment fund

No limit

Lottery operating fund

$8,411,221

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

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

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

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

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

Sec. 109.

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

State racing fund

$3,124,974

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

Racing reimbursable expense fund

No limit

Racing applicant deposit fund

No limit

Kansas horse breeding development fund

No limit

Kansas greyhound breeding development fund

No limit

Racing investigative expense fund

No limit

Horse fair racing benefit fund

No limit

Tribal gaming fund

No limit

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

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

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

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

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

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

Sec. 110.

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

State operations

$1,970,802

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

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

Publication and other sales fund

No limit

Conversion of equipment and materials fund

No limit

Conference registration and disbursement fund

No limit

Kansas venture capital companies certificate fee fund

No limit

Linger longer program fund

No limit

Trademark fund

No limit

Low income housing tax credit fee fund

No limit

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

Flood mitigation assistance federal fund

No limit

Kansas economic opportunity initiatives fund

No limit

Trade show promotion fund

No limit

Kansas tourist attraction matching grant development fund

No limit

Greyhound tourism fund

No limit

Reimbursement and recovery fund

No limit

Housing assistance program--federal fund

No limit

Community development block grant--federal fund

No limit

Community development block grant--federal fund--revolving loanaccount

No limit

HOME--federal fund

No limit

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

Community services block grant--federal fund

No limit

Other grants fund

No limit

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

Weatherization block grant--federal fund

No limit

Energy winterization--federal fund

No limit

DOE training and assistance--federal fund

No limit

Kansas export loan guarantee fund

No limit

HUD emergency shelter grants--federal fund

No limit

National main street center fund

No limit

State housing trust fund

No limit

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

IMPACT program services fund

No limit

IMPACT program repayment fund

No limit

Kansas partnership fund

No limit

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

State economic development initiatives fund

No limit

General fees fund

No limit

Market development fund

No limit

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

Kansas existing industry expansion fund

No limit

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

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

Capital formation account

Kansas economic development research and development account

Kansas economic development endowment account

$14,761,729

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

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

State operations (including official hospitality)

$7,982,829

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

Kansas industrial training program and Kansas industrial retrainingprogram

$3,850,000

Grants to small business development centers

$525,000

Grants to certified development companies

$475,000

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

Trade show promotion program

$170,000

Community capacity building grant program

$250,000

Mainstreet development grants

$216,800

Tourism grants

$452,100

Training equipment grant

$250,000

Agriculture products development

$540,000

Kansas existing industry expansion program

No limit

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

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

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

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

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

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

Sec. 111.

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

Kansas, Inc.

$169,626

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

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

Kansas, Inc. matching fund

No limit

Conversion of materials and equipment fund

No limit

Information network of Kansas fund

No limit

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

EDIF fund

$169,563

Conversion of materials and equipment fund

No limit

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

Sec. 112.

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

Economic development research and development fund

$13,986,956

MAMTC federal fund

No limit

KTEC special revenue fund

No limit

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

Operations, assistance and grants (including official hospitality)

$13,986,956

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

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

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

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

State Board of Tax Appeals

30.0

Department of Revenue

1,179.5

Kansas Lottery

89.0

Kansas Racing and Gaming Commission--state racing operations

42.0

Kansas Racing and Gaming Commission--state gaming agency

20.0

Department of Commerce and Housing

132.0

Sec. 114.

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

Homestead tax refunds

$12,000,000

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

Sec. 115.

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

Operating expenditures

$1,772,220

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

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

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

Workmen's compensation fee fund

$7,713,852

Conversion of materials and equipment fund

Occupational health and safety--federal fund

$387,221

Boiler inspection fee fund

No limit

Special employment security fund

No limit

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

Employment security administration fund

No limit

State workplace health and safety fund

No limit

Wage claims assignment fee fund

No limit

Employment security computer systems institute fund

No limit

JTPA title II non-state operations fund

No limit

JTPA title II state operations fund

No limit

JTPA title III non-state operations fund

No limit

JTPA title III discretion non-state operations fund

No limit

JTPA EDWAA state operations fund

No limit

JTPA EDWAA discretion state operations fund

No limit

Welfare to work grant--federal fund

No limit

Occupational information system--federal fund

$110,792

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

Human resources special projects fund

No limit

Advisory committee on Hispanic affairs--donations fund

No limit

Committee on employment of the handicapped--gifts, grants and dona-tions fund

No limit

Federal indirect cost offset fund

$286,231

Dispute resolution fund

No limit

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

Employment security fund

No limit

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

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

Sec. 116.

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

Operating expenditures--veterans affairs

$1,543,362

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

Operating expenditures--Kansas soldiers' home

$1,204,465

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

Operating expenditures--Persian Gulf War health initiative program

$101,856

Kansas commission on veterans affairs fund

$104,605

Soldiers' home fee fund

$3,427,965

Benefit and gift fund

No limit

Veterans' home fee fund

Persian Gulf War veterans health initiative fund

No limit

Sec. 117.

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

Salaries and wages

$14,408,029

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

Salaries and wages for swine production facility inspectors

$580,700

Other operating expenditures (including official hospitality)

$4,611,205

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

Vaccine purchases

$824,000

Child care licensing operating expenditures

$750,365

Adult care homes criminal record checks operating expenditures

$200,000

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

Infant and toddler program

$1,992,000

Aid to local units

$4,581,548

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

Aid to local units--primary health projects

$1,520,840

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

Teen pregnancy prevention activities

$578,226

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

Aid to local units--family planning

$98,880

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

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

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

Environmental permit fund

$381,848

Air quality fee fund

$4,057,731

Title XIX fund

$3,829,197

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

Health care database fee fund

$3,000

Laboratory medicaid cost recovery fund

$120,000

Hazardous waste collection fund

$60,000

Driving under the influence equipment fund

$99,104

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

Power generating facility fee fund

$133,616

Breast and cervical cancer program and detection fund

$1,558,092

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

Health and environment training fee fund

$183,785

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

Capacity management assistance fund

Food service inspection reimbursement fund

$510,000

Mined-land conservation and reclamation fee fund

$69,352

Insurance statistical plan fund

$328,226

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

Solid waste management fund

$5,763,133

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

Public water supply fee fund

$252,114

Voluntary cleanup fund

$249,044

Storage tank fee fund

$85,755

Conversion of materials and equipment fund

No limit

Nuclear safety emergency preparedness special revenue fund

$214,543

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

Health facilities review fund

$202,547

Waste tire management fund

$1,204,052

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

Health and environment publication fee fund

$32,900

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

District coroners fund

$227,000

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

Local air quality control authority regulation services fund

$23,000

Environmental response fund

$1,161,379

Remediation projects fund

Mined-land reclamation fund

$25,000

Water plan special revenue fund

$4,320,128

Adult care licensing revolving fund

Sponsored research overhead fund

No limit

Wildlife art fund

No limit

Kansas distinguished scholarship fund

No limit

Operating expenditures (including official hospitality)

$96,990,974

Provided, That any unencumbered balance in the operating expenditures (including official
hospitality) account of Kansas state university account in excess of $100 as of June 30, 1998,
is hereby reappropriated for fiscal year 1999: Provided, however, That expenditures from
this account may be made to pay faculty and staff members retiring on or after July 1, 1962,
the difference between the retirement benefits established under the former unfunded state
board of regents' retirement plan and the benefits to which these individuals would be
entitled under the Kansas public employees retirement system.

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

Parking fees fund

No limit

Provided, That Kansas state university may make expenditures from the parking fees fund
for debt service, financing costs and required reserves for the capital improvement project
to construct and pave campus parking lots pursuant to section 17(d) of chapter 25 of the
1989 Session Laws of Kansas: Provided, however, That all expenditures from this fund for
capital improvement projects for parking lot maintenance and improvements shall be in
addition to any expenditure limitation imposed on the total expenditures from this fund:
Provided further, That all expenditures from this fund for the payment of principal and
interest shall be in addition to any expenditure limitation imposed on this fund or any
account thereof.

General fees fund

$40,907,590

Interest on endowment fund

$80,000

Restricted fees fund

No limit

Provided, That restricted fees shall be limited to receipts for the following ac-
counts: Educational opportunity grants; technology equipment; human resources man-
agement system; computer services; copy centers; standardized test fees; placement center;
recreational services; professorships; student activities fees; army and aerospace uniforms;
aerospace uniform augmentation; biology sales and services; chemistry storeroom; field
camps; state department of education; physics storeroom; sponsored research, instruction,
public service, equipment and facility grants; ion collision laboratory--federal; chemical
engineering; nuclear engineering; contract--post office--federal government; library col-
lections; civil engineering; continuing education; sponsored construction or improvement
projects; attorney, educational and personal development, human resources; military cre-
dentials; student financial assistance; application for undergraduate programs; speech and
hearing fees; gifts; human development and family research and training; college of edu-
cation--publications and services; student financial assistance--federal reimbursement;
higher education act; guaranteed student loan application processing; student identification
card; auditorium receipts; refunds due to or from sponsors; catalog sales; emission spec-
troscopy fees; interagency consulting; sales and services of educational programs; transcript
fees; South Asian curriculum sales; human ecology storeroom; college of human ecology
sales; family resource center fees; human movement performance; application for post bac-
calaureate programs; art exhibit fees; college of education--Kansas careers; foreign student
application fee; student union repair and replacement reserve; bank compensation balance;
departmental receipts for all sales, refunds and other collections; institutional support fee;
miscellaneous renovations; speech receipts; art museum; exchange program; flight training
lab fees; off campus work study; parking fees; postage center; printing; short courses and
conferences; student government association receipts; regents educational communications
center; late registration fee; engineering equipment fee; biotechnology facility; English lan-
guage program; international programs; library expansion fee; federal direct student loans;
high-bay garage; Bramlage coliseum; and other specifically designated receipts not available
for general operations of the university: Provided further, That the state board of regents,
with the approval of the state finance council acting on this matter which is hereby char-
acterized as a matter of legislative delegation and subject to the guidelines prescribed in
subsection (c) of K.S.A. 75-3711c and amendments thereto, may amend or change this list
of restricted fees: And provided further, That all restricted fees shall be deposited to the
credit of the appropriate account of the restricted fees fund and shall be used solely for the
specific purpose or purposes for which collected: And provided further, That expenditures
may be made from this fund to purchase insurance for equipment purchased through re-
search and training grants only if such grants include money for and authorize the purchase
of such insurance: And provided further, That all amounts of tuition received from students
participating in the midwestern student exchange program shall be deposited to the credit
of the midwestern student exchange account of the restricted fees fund.

Kansas career work study program fund

No limit

Service clearing fund

No limit

Provided, That the service clearing fund shall be used for the following service activities:
Supplies stores; telecommunications services; photographic services; K-State printing serv-
ices; postage; facilities services; facilities carpool; data processing; public safety services;
facility planning services; facilities storeroom; computing activities--academic; computing
activities--administrative; and such other internal service activities as are authorized by the
state board of regents under K.S.A. 76-755 and amendments thereto.

Sponsored research overhead fund

No limit

Provided, That the above agency may transfer moneys from the sponsored research overhead
fund of Kansas state university to the sponsored research overhead fund of Kansas state
university extension systems and agriculture research programs.

Housing system suspense fund

No limit

Housing system operations fund

No limit

Housing system repairs, equipment and improvement fund

No limit

Student recreation building program fund

No limit

Coliseum operations fund

No limit

Coliseum gifts fund

No limit

Mandatory retirement annuity clearing fund

No limit

K-State sports network fund

No limit

Student health fees fund

No limit

Provided, That expenditures from the student health fees fund may be made for the pur-
chase of medical malpractice liability coverage for individuals employed on the medical
staff, including pharmacists and physical therapists, at the student health center.

Scholarship funds fund

No limit

National direct student loan fund

No limit

Nine month payroll clearing account fund

No limit

Equipment reserve fund

No limit

Provided, That expenditures from the equipment reserve fund shall be made only for the
purchase of equipment.

Howard Hughes grant fund

No limit

U.S. army research grant--metal particle chemistry fund

No limit

Board of regents--U.S. department of education awards fund

No limit

Research projects grants fund

No limit

Research projects grants matching fund

No limit

State agricultural university fund

No limit

Morrill Nelson--federal fund

No limit

Federal extension civil service retirement clearing fund

No limit

Salina--student union fees fund

No limit

Salina--dormitory and food service fees fund

No limit

Aeronautical program equipment--federal fund

No limit

Kansas distinguished scholarship fund

No limit

Tuition accountability fund

No limit

Kansas comprehensive grant fund

No limit

Temporary deposit fund

No limit

Business procurement card clearing fund

No limit

Suspense fund

No limit

Voluntary tax shelter annuity clearing fund

No limit

Agency payroll deduction clearing fund

No limit

Payroll clearing fund

No limit

(c) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer an amount specified by the president prior to July 1, 1999, from the general
fees fund to the equipment reserve fund.

(d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer an amount specified by the president of not to exceed
$97,924 from the general fees fund to the Perkins student loan fund.

(e) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer an amount specified by the president of not to exceed
$172,000 from the general fees fund to the educational opportunity grants account of the
restricted fees fund.

(f) Upon a finding by the director of the budget that the above agency realized an
increase in receipts to the general fees fund in the summer 1998 session, fall 1998 semester,
or spring 1999 semester above comparable periods in the preceding year, which increase in
receipts resulted from increases in enrollment, changes in resident and nonresident student
mix, or the imposition of a more restrictive tuition waiver policy, or any combination thereof,
the director of the budget shall certify such amount of increased receipts to the director of
accounts and reports. Upon receipt of such certification, the director of accounts and reports
shall transfer the amount certified from the general fees fund to the tuition accountability
fund.

Sec. 132.

KANSAS STATE UNIVERSITY EXTENSION SYSTEMS AND AGRICULTURE RESEARCH PROGRAMS (a) There is appropriated for the above agency from the state general fund the following:

Operating expenditures (including official hospitality)

$724,164

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

Cooperative extension service (including official hospitality)

$15,678,790

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

Agricultural experiment stations (including official hospitality)

$26,725,417

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

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

Restricted fees fund

No limit

Provided, That restricted fees shall be limited to receipts for the following accounts: Plant
pathology; technology equipment; professorships; agricultural experiment station, director's
office; agronomy--Ashland farm; KSU agricultural research center--Hays; KSU southeast
agricultural research center; horticulture research center; KSU southwest research extension
council; agronomy--general; agronomy--experimental field crop sales; entomology sales;
grain science and industry products and service sales; food and nutrition research; extension
services and publication; sponsored construction or improvement projects; gifts; animal re-
source facility; animal health and disease research; higher education act; refunds due to or
from sponsors; sales and services of educational programs; animal sciences and industry
livestock and product sales; horticulture greenhouse and farm products sales; Konza prairie
operations; departmental receipts for all sales, refunds and other collections; institutional
support fee; KSU northwest research extension center operations; research projects grants;
research projects grants matching; sponsored research, public service, equipment and fa-
cility grants; statistical laboratory; equipment/pesticide storage building; other specifically
designated receipts not available for general operations of the university: Provided further,
That the state board of regents, with the approval of the state finance council acting on this
matter which is hereby characterized as a matter of legislative delegation and subject to the
guidelines prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto, may
amend or change this list of restricted fees: And provided further, That all restricted fees
shall be deposited to the credit of the appropriate account of the restricted fees fund and
shall be used solely for the specific purpose or purposes for which collected: And provided
further, That expenditures may be made from this fund to purchase insurance for equipment
purchased through research and training grants only if such grants include money for and
authorize the purchase of such insurance: And provided further, That expenditures may be
made from the farmers' assistance, counseling and training program account of the restricted
fees fund during fiscal year 1999.

Colby experiment station fee fund

No limit

Fort Hays experiment station fee fund

No limit

Fertilizer research fund

No limit

Sponsored research overhead fund

No limit

Federal extension fund

$6,230,126

Federal experimental station fund

$3,203,829

Smith-Lever special program grant--federal fund

No limit

Kansas artificial breeding service unit fees fund

No limit

Agricultural land use-value fund

No limit

Irrigation research field fund

$181,000

(c) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $91,000 from the state water plan fund of the Kansas water
office to the irrigation research field fund of Kansas state university extension systems and
agriculture research programs.

(d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $90,000 from the Kansas economic development endow-
ment account of the state economic development initiatives fund of the department of
commerce and housing to the irrigation research field fund of Kansas state university ex-
tension systems and agriculture research programs.

Sec. 133.

KANSAS STATE UNIVERSITY VETERINARY MEDICAL CENTER (a) There is appropriated for the above agency from the state general fund the following:

Operating expenditures (including official hospitality)

$9,309,505

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

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

General fees fund

$4,847,749

Provided, That any transfers of moneys from the general fees fund to the equipment reserve
fund pursuant to subsection (c) shall be deemed expenditures for the purpose of the ex-
penditure limitation imposed on this fund.

Hospital and diagnostic laboratory revenue fund

$1,452,739

Provided, That all expenditures from the hospital and diagnostic laboratory revenue fund
for blood and blood products, ambulatory services, laboratory tests, and pharmaceutical and
surgical supplies shall be in addition to any expenditure limitation imposed on this fund.

Hospital and diagnostic laboratory improvement fund

No limit

Restricted fees fund

No limit

Provided, That restricted fees shall be limited to receipts for the following accounts: Spon-
sored research, instruction, public service, equipment and facility grants; technology equip-
ment; higher education act; dean of veterinary medicine receipts; gifts; application for post-
baccalaureate programs; embryo transfer unit; swine serology; sale barn; rapid focal
fluorescent inhibition test; storerooms; departmental receipts for all sales refunds and other
collections; other specifically designated receipts not available for general operation of the
Kansas state university veterinary medical center: Provided, however, That the state board
of regents, with the approval of the state finance council acting on this matter which is
hereby characterized as a matter of legislative delegation and subject to the guidelines
prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto, may amend or
change this list of restricted fees: Provided further, That all restricted fees shall be deposited
to the credit of the appropriate account of the restricted fees fund and shall be used solely
for the specific purpose or purposes for which collected: And provided further, That ex-
penditures may be made from this fund to purchase insurance for equipment purchased
through research and training grants only if such grants include money for and authorize
the purchase of such insurance.

Sponsored research overhead fund

No limit

Health professions student loan fund

No limit

H.E.W. veterinary revolving student loan fund

No limit

Student loan funds fund

No limit

Suspense fund

No limit

Equipment reserve fund

No limit

Provided, That expenditures from the equipment reserve fund shall be made only for the
purchase of equipment.

(c) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer an amount specified by the president of Kansas state university prior to July
1, 1999, from the general fees fund to the equipment reserve fund.

(d) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer an amount specified by the president of Kansas state university from the
hospital and diagnostic laboratory revenue fund to the hospital and diagnostic laboratory
improvement fund.

Sec. 134.

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

Operating expenditures (including official hospitality)

$27,609,624

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

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

Parking fees fund

No limit

Provided, That expenditures may be made from the parking fees fund for a capital improve-
ment project for parking lot improvements.

General fees fund

$8,210,994

Provided, That expenditures from the general fees fund may be made only for salaries and
wages and for other operating expenditures and shall not be made for capital improvements:
Provided further, That any transfer of moneys from this fund to the equipment reserve fund
as provided in subsection (c) shall be deemed expenditures for the purpose of the expend-
iture limitation imposed on this fund.

Interest fund

$29,000

Restricted fees fund

No limit

Provided, That restricted fees shall be limited to receipts for the following accounts: Com-
puter services, student activity; technology equipment; student union; sponsored research;
computer services; extension classes; national science foundation grants; national defense
education act; gifts and grants (for teaching, research and capital improvements); business
school contributions; state department of education (vocational); elementary and secondary
education act--federal; library services; library collections; interest on local funds; receipts
from conferences, clinics, and workshops held on campus for which no college credit is
given; physical plant reimbursements from auxiliary enterprises; midwestern exchange; de-
partmental receipts--for all sales, refunds and other collections or receipts not specifically
enumerated above: Provided, however, That the state board of regents, with the approval
of the state finance council acting on this matter which is hereby characterized as a matter
of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A.
75-3711c and amendments thereto, may amend or change this list of restricted fees: Pro-
vided further, That all restricted fees shall be deposited to the credit of the appropriate
account of the restricted fees fund and shall be used solely for the specific purpose or
purposes for which collected: And provided further, That expenditures may be made from
this fund to purchase insurance for equipment purchased through research and training
grants only if such grants include money for and authorize the purchase of such insurance:
And provided further, That all amounts of tuition received from students participating in
the midwestern student exchange program shall be deposited to the credit of the midwestern
student exchange account of the restricted fees fund.

Service clearing fund

No limit

Provided, That the service clearing fund shall be used for the following service activities:
Telecommunications services; office supplies inventory; state car operation; E.S.U. press
including duplicating and reproducing; postage; physical plant storeroom including motor
fuel inventory; data processing center; and such other internal service activities as are au-
thorized by the state board of regents under K.S.A. 76-755 and amendments thereto.

Commencement fees fund

No limit

Kansas career work study program fund

No limit

Student health fees fund

No limit

Bureau of educational measurements fund

No limit

Scholarship funds fund

No limit

National direct student loan fund

No limit

Economic opportunity act--work study--federal fund

No limit

Educational opportunity grants--federal fund

No limit

Basic opportunity grant program--federal fund

No limit

Research and institutional overhead fund

No limit

Equipment reserve fund

No limit

Provided, That expenditures from the equipment reserve fund shall be made only for the
purchase of equipment.

Kansas comprehensive grant fund

No limit

Housing system suspense fund

No limit

Housing system operations fund

No limit

Housing system repairs, equipment and improvement fund

No limit

Kansas distinguished scholarship fund

No limit

(c) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer an amount specified by the president prior to July 1, 1999, from the general
fees fund to the equipment reserve fund.

(d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer an amount specified by the president of not to exceed
$30,000 from the general fees fund to the national direct student loan fund.

(e) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer an amount specified by the president of not to exceed
$70,000 from the general fees fund to the educational opportunity grants--federal fund.

(f) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $50,536 from the student union account of the restricted
fees fund of Emporia state university to the state general fund.

(g) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $2,447 from the housing systems operations fund of Em-
poria state university to the state general fund.

Sec. 135.

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

Operating expenditures (including official hospitality)

$30,326,884

Provided, That any unencumbered balance in the operating expenditures (including official
hospitality) account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal
year 1999: Provided further, That expenditures from this account may be made to pay faculty
and staff members retiring on or after July 1, 1962, the difference between the retirement
benefits under the former unfunded state board of regents' retirement plan and the benefits
to which these individuals would be entitled under the Kansas public employees retirement
system.

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

Parking fees fund

No limit

Provided, That expenditures may be made from the parking fees fund for capital improve-
ment projects for parking lot improvements.

General fees fund

$9,965,170

Restricted fees fund

No limit

Provided, That restricted fees shall be limited to receipts for the following accounts: Com-
puter services; technology equipment; student activity fee accounts; commencement fees;
ROTC activities; continuing education receipts; vocational auto parts and service fees; re-
ceipts from camps, conferences and meetings held on campus; national science foundation
grants, department of education, and other federal grants, including Pell grants, SEOG
grants; flight training; library service collections and fines; state department of education
and grants from other state agencies; Midwest Quarterly; chamber music series; con-
tract--post office; gifts and grants; general fees transfer for SEOG match; intensive English
program; business and technology institute; public sector radio station activities; economic
opportunity--state match; research projects grants; career work study; regents supplemental
grants; contiguous county fees except that expenditures from the contiguous county fees
account are limited to the total tuition paid by 100 new students per year, up to a maximum
of 400 students; midwestern student exchange; departmental receipts, and other specifically
designated receipts not available for general operations of the university: Provided, however,
That the state board of regents, with the approval of the state finance council acting on this
matter which is hereby characterized as a matter of legislative delegation and subject to the
guidelines prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto, may
amend or change this list of restricted fees: Provided further, That all restricted fees shall
be deposited to the credit of the appropriate account of the restricted fees fund and shall
be used solely for the specific purpose or purposes for which collected: And provided fur-
ther, That expenditures may be made from this fund to purchase insurance for equipment
purchased through research and training grants only if such grants include money for and
authorize the purchase of such insurance: And provided further, That surplus restricted fees
moneys generated by the music department may be transferred to the Pittsburg state uni-
versity foundation, inc. for the express purpose of awarding music scholarships: And pro-
vided further, That all amounts of tuition received from students participating in the mid-
western student exchange program shall be deposited to the credit of the midwestern
student exchange account of the restricted fees fund.

Service clearing fund

No limit

Provided, That the service clearing fund shall be used for the following service activities:
Duplicating and printing services; instructional media division; office stationery and supplies;
motor carpool; postage services; telephone services; data processing; and such other internal
service activities as are authorized by the state board of regents under K.S.A. 76-755 and
amendments thereto.

Hospital and student health fees fund

No limit

Provided, That expenditures from the hospital and student health fees fund may be made
for the purchase of medical malpractice liability coverage for individuals employed on the
medical staff, including pharmacists and physical therapists, at the student health center:
Provided further, That expenditures may be made from this fund for capital improvement
projects for hospital and student health center improvements.

Perkins student loan fund

No limit

Sponsored research overhead fund

College work study fund

No limit

Nursing student loan fund

No limit

Equipment reserve fund

No limit

Provided, That expenditures from the equipment reserve fund shall be made only for the
purchase of equipment.

Housing system suspense fund

No limit

Housing system operations fund

No limit

Housing system repairs, equipment and improvement fund

No limit

Provided, That expenditures may be made from the housing system repairs, equipment and
improvement fund for capital improvement projects for housing system maintenance and
improvements.

Kansas comprehensive grant fund

No limit

Kansas distinguished scholarship program fund

No limit

Operating expenditures (including official hospitality)

$118,234,732

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

Geological survey

$5,786,239

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

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

Parking facilities revenue fund

No limit

Provided, That transfers of moneys from the parking facilities revenue fund to bond funds
pursuant to bond agreements shall be in addition to any expenditure limitation imposed on
this fund.

General fees fund

$74,289,000

Provided, That expenditures from the general fees fund may be made only for salaries and
wages and for other operating expenditures, but shall not be made for capital improvements:
Provided further, That any transfers of moneys from this fund to the equipment reserve
fund pursuant to subsection (c) shall be deemed expenditures for the purpose of the ex-
penditure limitation imposed on this fund: And provided further, That, subject to approval
by the state board of regents under K.S.A. 76-719 and amendments thereto, the university
of Kansas is hereby authorized to fix, charge and collect a fee of not more than $70 per
student credit hour on courses offered by the school of law for students entering law school
after April 1, 1997, and $40 per student credit hour for all other students: And provided
further, That all moneys received for such fee shall be credited to the school of law credit
hour fee account of this fund: And provided further, That expenditures from the school of
law credit hour fee account shall not exceed $830,000: And provided further, That, subject
to approval by the state board of regents under K.S.A. 76-719 and amendments thereto, the
university of Kansas is hereby authorized to fix, charge and collect a fee of not more than
$85 per student credit hour on courses offered by the school of pharmacy: And provided
further, That all moneys received for such fee shall be credited to the school of pharmacy
credit hour fee account of this fund: And provided further, That all expenditures from the
school of pharmacy credit hour fee account of this fund shall be for school of pharmacy
faculty salaries and other operating expenditures in order to provide faculty and student
support services, clerkships and externships for students, and for school of pharmacy in-
structional equipment and supplies: And provided further, That expenditures from the
school of pharmacy credit hour fee account of this fund shall not exceed $720,000: And
provided further, That all moneys received for tuition for students enrolled in courses on
the Edwards campus shall be deposited in this fund: And provided further, That the director
of accounts and reports shall transfer on a periodic basis amounts generated from such
courses in excess of $2,131,265 as specified by the chancellor of the university of Kansas,
or the chancellor's designee, from the general fees fund to the regents center development
fund.

Regents center development fund

No limit

Provided, That expenditures shall be made from this fund for program operation and de-
velopment at the regents center on the Edwards campus.

Interest fund

$20,000

Sponsored research overhead fund

No limit

Law enforcement training center fund

No limit

Provided, That expenditures may be made from the law enforcement training center fund
to cover the costs of tuition for students enrolled in the law enforcement training program
in addition to the costs of salaries and wages and other operating expenditures for the
program: Provided, however, That any academic credit granted through this program shall
not be included in the university's budgeted enrollment figures: Provided further, That the
amount of any unencumbered balance of the amount made available for expenditure from
this fund for capital improvements in fiscal year 1993 by section 9(b) of chapter 215 of the
1992 Session Laws of Kansas and amendments thereto is hereby authorized to be expended
during fiscal year 1999: And provided further, That expenditures may be made from this
fund for the acquisition of tracts of land adjacent to the law enforcement training center.

Law enforcement training center fees fund

No limit

Provided, That all moneys received for tuition from students enrolling in the basic law
enforcement training program for undergraduate or graduate credit shall be deposited in
the state treasury and credited to the law enforcement training center fees fund.

Restricted fees fund

No limit

Provided, That restricted fees shall be limited to receipts for the following accounts: Institute
for public policy and business research; technology equipment; clinical psychology confer-
ence; concert course; dormitory maintenance; speech and hearing clinic; perceptual motor
clinic; application for admission fees; named professorships; summer institutes and work-
shops; dramatics; economic opportunity act; executive management; continuing education
programs; geology field trips; gifts and grants; extension services; counseling center; invest-
ment income from bequests; housing and dormitories; endowment research salaries; engi-
neering research salaries; music and art camp; national defense education programs; child
development lab preschools; orientation center; educational placement; press publications;
Rice estate educational project; sponsored research; student activities; sale of surplus books
and art objects; building use charges; Kansas applied remote sensing program; executive
master's degree in business administration; applied English center; cartographic services;
economic education; study abroad programs; computer services; recreational activities; an-
imal care activities; geological survey; engineering equipment fee; midwestern student
exchange; department commercial receipts for all sales, refunds, and all other collections or
receipts not specifically enumerated above: Provided, further, That the state board of re-
gents, with the approval of the state finance council acting on this matter which is hereby
characterized as a matter of legislative delegation and subject to the guidelines prescribed
in subsection (c) of K.S.A. 75-3711c and amendments thereto, may amend or change this
list of restricted fees: And provided further, That all restricted fees shall be deposited to
the credit of the appropriate account of the restricted fees fund and shall be used solely for
the specific purpose or purposes for which collected: And provided further, That expendi-
tures may be made from this fund to purchase insurance for equipment purchased through
research and training grants only if such grants include money for and authorize the purchase
of such insurance: And provided further, That all amounts of tuition received from students
participating in the midwestern student exchange program shall be deposited to the credit
of the midwestern student exchange account of the restricted fees fund.

Service clearing fund

No limit

Provided, That the service clearing fund shall be used for the following service activities:
Dormitory food stores; university motor pool; furniture stores; business office stores; uni-
versity printing service; military uniforms; telecommunications service; and such other in-
ternal service activities as are authorized by the state board of regents under K.S.A. 76-755
and amendments thereto.

Health service fund

No limit

Provided, That expenditures from the health service fund may be made for the purchase of
medical malpractice liability coverage for individuals employed on the medical staff, includ-
ing pharmacists and physical therapists, at the student health center.

Kansas career work study program fund

No limit

Student union fund

No limit

Scholarship funds fund

No limit

National direct student loan fund

No limit

Provided, That expenditures from the national direct student loan fund shall be used for
the federal Perkins loan and loans for disadvantaged students programs.

Revolving student loan fund

No limit

Ford foundation--forgivable loan fund

No limit

Health professions student loan fund

No limit

Historical sites grant fund

No limit

Geological survey fund

No limit

Equipment reserve fund

No limit

Provided, That expenditures from the equipment reserve fund shall be made only for the
purchase of equipment.

Research projects grants fund

No limit

Research projects grants matching fund

No limit

Housing system suspense fund

No limit

Housing system revenue fund

No limit

Housing system operations fund

No limit

Housing system repairs, equipment and improvement fund

No limit

Educational opportunity act--federal fund

No limit

Loans for disadvantaged students fund

No limit

Prepaid tuition fees clearing fund

No limit

Kansas distinguished scholarship fund

No limit

Kansas comprehensive grant fund

No limit

Tuition accountability fund

No limit

(c) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer an amount specified by the chancellor prior to July 1, 1999, from the general
fees fund to the equipment reserve fund.

(d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer amounts specified by the chancellor of the university of
Kansas of not to exceed a total of $285,000 for all such amounts, from the general fees fund
to the following funds: The federal Perkins student loan fund, federal supplemental edu-
cational opportunity fund, federal disadvantaged student loan fund, the federal health pro-
fessions student loan fund and other campus-based loan programs sponsored by the federal
government.

(e) Upon a finding by the director of the budget that the above agency realized an
increase in receipts to the general fees fund in the summer 1998 session, fall 1998 semester,
or spring 1999 semester above comparable periods in the preceding year, which increase in
receipts resulted from increases in enrollment, changes in resident and nonresident student
mix, or the imposition of a more restrictive tuition waiver policy, or any combination thereof,
the director of the budget shall certify such amount of increased receipts to the director of
accounts and reports. Upon receipt of such certification, the director of accounts and reports
shall transfer the amount certified from the general fees fund to the tuition accountability
fund.

Sec. 137.

UNIVERSITY OF KANSAS MEDICAL CENTER (a) There is appropriated for the above agency from the state general fund the following:

Operating expenditures (including official hospitality)

$91,479,083

Provided, That any unencumbered balance in the operating expenditures (including official
hospitality) account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal
year 1999: Provided further, That expenditures may be made from this account for the
purchase of malpractice insurance for students in training at the university of Kansas school
of medicine, nursing and allied health: And provided further, That such malpractice insur-
ance shall be approved by the commissioner of insurance of the state of Kansas: And pro-
vided further, That expenditures from this account may be used to reimburse medical res-
idents in residency programs located in Kansas City at the university of Kansas medical
center for the purchase of health insurance for residents' dependents.

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

General fees fund

$9,978,495

Provided, That any transfers of moneys from this fund to the equipment reserve fund pur-
suant to subsection (e) shall be deemed expenditures for the purpose of the expenditure
limitation imposed on this fund.

Hospital revenue fund

No limit

Provided, That all receipts for patient care services shall be credited to the hospital revenue
fund: Provided further, That the director of accounts and reports shall transfer monthly an
amount specified by the chancellor of the university of Kansas, or the chancellor's designee,
from the hospital revenue fund to the attorney collection fees and collection office expenses
account of the restricted fees fund and to the department of social and rehabilitation services
cost-sharing account of the restricted fees fund: And provided further, That all such transfers
shall be in addition to any expenditure limitation imposed on this fund: And provided fur-
ther, That expenditures may be made from this fund for renovations, remodeling and im-
provements to the existing hospital physical plant: And provided further, That no expendi-
ture shall be made for any such capital improvement project without prior approval by the
state board of regents and the director of architectural services of the department of ad-
ministration and without prior presentation of such capital improvement project to the joint
committee on state building construction: And provided further, That expenditures may be
made from this fund for official hospitality.

Restricted fees fund

No limit

Provided, That restricted fees shall be limited to the following accounts: Reimbursable items
for patients and others; technology equipment; computer services; salaries reimbursed by
the Kansas university endowment association; postgraduate fees; pathology fees; gift re-
ceipts; sponsored research; departmental commercial receipts; attorney collection fees and
collection office expenses; department of social and rehabilitation services cost-sharing; and
midwestern student exchange: Provided, however, That the state board of regents, with the
approval of the state finance council acting on this matter which is hereby characterized as
a matter of legislative delegation and subject to the guidelines prescribed in subsection (c)
of K.S.A. 75-3711c and amendments thereto, may amend or change this list of restricted
fees: And provided further, That all restricted fees shall be deposited to the credit of the
appropriate account of the restricted fees fund and shall be used solely for the specific
purpose or purposes for which collected: And provided further, That expenditures may be
made from this fund to purchase insurance for equipment purchased through research and
training grants only if such grants include money for and authorize the purchase of such
insurance: And provided further, That all amounts of tuition received from students partic-
ipating in the midwestern student exchange program shall be deposited to the credit of the
midwestern student exchange account of the restricted fees fund.

Sponsored research overhead fund

No limit

Parking fees fund

No limit

Hospital overhead reimbursements fund

No limit

University of Kansas hospital depreciation reserve fund

No limit

Service clearing fund

No limit

Provided, That the service clearing fund shall be used for the following service activities:
Print shop; purchasing storeroom; university motor pool; clothing (uniforms); physical plant
storeroom; photo supplies; telecommunications services; facilities operations discretionary
repairs; animal care; paging equipment; biomedical engineering; audiovisual services; com-
puter services; and such other internal service activities as are authorized by the state board
of regents under K.S.A. 76-755 and amendments thereto.

College work-study fund

No limit

Student union fees fund

No limit

Scholarship funds fund

No limit

Advances fund--department of social and rehabilitation services

No limit

Health professions student loan fund--medical students

No limit

Health professions student loan fund--nursing students

No limit

Revolving student loans fund

No limit

Student loans fund

No limit

Suspense fund

No limit

Prepaid tuition fees clearing fund

No limit

Educational opportunity grant fund

No limit

Basic educational opportunity grant fund

No limit

National direct student loan fund

No limit

Medical scholarship and loan repayment fund

$1,893,725

Provided, That expenditures from this fund for attorney fees and litigation costs associated
with the administration of the medical scholarship and loan program shall be in addition to
any expenditure limitation imposed on the operating expenditures account of the medical
scholarship and loan repayment fund or on the total expenditures from the medical schol-
arship and loan repayment fund.

Equipment reserve fund

No limit

Provided, That expenditures from the equipment reserve fund shall be made only for the
purchase of equipment.

University of Kansas medical center private practice foundation reservefund

No limit

University of Kansas hospital professional liability self-insurance fund

No limit

Hospital refunding principal and interest sinking fund

No limit

(c) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer amounts specified by the chancellor of the university of
Kansas of not to exceed a total of $125,000 for all such amounts, from the general fees fund
to the following funds: National direct student loan fund; federal basic educational op-
portunity grant fund; federal college work-study fund; health professions student loan
fund--medical students; health professions student loan fund--nursing students.

(d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer an amount specified by the chancellor of the university of
Kansas of not to exceed $9,404,401 from the hospital revenue fund to the hospital overhead
reimbursements fund.

(e) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer an amount specified by the chancellor prior to July 1, 1999, from the general
fees fund to the equipment reserve fund.

(f) During the fiscal year ending June 30, 1999, medical students enrolled at the uni-
versity of Kansas medical center are hereby self-insured by the state of Kansas while in
clinical training at the university of Kansas medical center or at other health care institutions.
Such individuals shall be considered employees for purposes of the Kansas tort claims act
and shall be provided defense and indemnification for claims arising out of their clinical
training at the university of Kansas medical center or at other health care institutions in
accordance with the provisions of the Kansas tort claims act.

(g) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer amounts specified by the chancellor of the university of Kansas from the
hospital revenue fund to the university of Kansas hospital professional liability self-insurance
fund and to the university of Kansas hospital depreciation reserve fund.

Sec. 138.

WICHITA STATE UNIVERSITY (a) There is appropriated for the above agency from the state general fund, the follow-
ing:

Operating expenditures (including official hospitality)

$59,726,216

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

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

General fees fund

$25,982,576

Restricted fees fund

No limit

Provided, That restricted fees shall be limited to receipts for the following accounts: Summer
school workshops; technology equipment; concert course; dramatics; continuing education;
flight training; gifts and grants (for teaching, research, and capital improvements); testing
service; state department of education (vocational); investment income from bequests; sale
of surplus books and art objects; public service; veterans counseling and educational benefits;
sponsored research; campus privilege fee; student activities; national defense education pro-
grams; engineering equipment fee; midwestern student exchange; departmental re-
ceipts--for all sales, refunds and other collections or receipts not specifically enumerated
above: Provided further, That the state board of regents, with the approval of the state
finance council acting on this matter which is hereby characterized as a matter of legislative
delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c and
amendments thereto, may amend or change this list of restricted fees: And provided further,
That all restricted fees shall be deposited to the credit of the appropriate account of the
restricted fees fund and shall be used solely for the specific purpose or purposes for which
collected: And provided further, That expenditures may be made from this fund to purchase
insurance for equipment purchased through research and training grants only if such grants
include money for and authorize the purchase of such insurance: And provided further,
That expenditures from this fund may be made for the purchase of medical malpractice
liability coverage for individuals employed on the medical staff at the student health center:
And provided further, That all amounts of tuition received from students participating in
the midwestern student exchange program shall be deposited to the credit of the midwestern
student exchange account of the restricted fees fund.

Service clearing fund

No limit

Provided, That the service clearing fund shall be used for the following service activities:
Central service duplicating and reproducing bureau; automobiles; furniture stores; postal
clearing; telecommunication; computer service; and such other internal service activities as
are authorized by the state board of regents under K.S.A. 76-755 and amendments thereto.

On-campus parking revenue fund

No limit

Kansas career work study program fund

No limit

National direct student loan fund

No limit

Scholarship funds fund

No limit

Sponsored research overhead fund

No limit

Economic opportunity act--federal fund

No limit

Education opportunity grant--federal fund

No limit

Work-study program fund

No limit

Health professions student assistance program--loans fund

No limit

Nine month payroll clearing account fund

No limit

Equipment reserve fund

No limit

Provided, That expenditures from the equipment reserve fund shall be made only for the
purchase of equipment.

Research projects grants fund

No limit

Research projects grants matching fund

No limit

Pell grants fund

No limit

Housing system suspense fund

No limit

Housing system renovation principal and interest fund

No limit

Housing system repairs, equipment and improvement fund

No limit

WSU housing system depreciation and replacement fund

No limit

Perkins loan fund

No limit

Kansas distinguished scholarship fund

No limit

Kansas comprehensive grant fund

No limit

1971 academic and service building maintenance fund

No limit

WSU housing systems revenue fund

No limit

1976 dormitory maintenance reserve fund

No limit

Tuition accountability fund

No limit

(c) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer an amount specified by the president prior to July 1, 1999, from the general
fees fund to the equipment reserve fund.

(d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer an amount specified by the president of not to exceed
$120,000 from the general fees fund to the education opportunity grant--federal fund.

(e) Upon a finding by the director of the budget that the above agency realized an
increase in receipts to the general fees fund in the summer 1998 session, fall 1998 semester,
or spring 1999 semester above comparable periods in the preceding year, which increase in
receipts resulted from increases in enrollment, changes in resident and nonresident student
mix, or the imposition of a more restrictive tuition waiver policy, or any combination thereof,
the director of the budget shall certify such amount of increased receipts to the director of
accounts and reports. Upon receipt of such certification, the director of accounts and reports
shall transfer the amount certified from the general fees fund to the tuition accountability
fund.

(f) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $184,902 from the WSU housing systems revenue fund of
Wichita state university to the state general fund.

Sec. 139.

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

Operating expenditures (including official hospitality)

$1,798,612

Provided, That any unencumbered balance in the operating expenditures (including official
hospitality) account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal
year 1999: Provided further, That the state board of regents is hereby authorized to transfer
moneys from this account to an account or accounts of the restricted fees fund of any
institution under its jurisdiction for the support of regents distinguished professors, Kansas
regents honors academy or the Kansas council on economic education.

State scholarship program

$1,001,457

Provided, That expenditures may be made from the state scholarship program account for
the state scholarship program under K.S.A. 72-6816 and amendments thereto and for the
Kansas distinguished scholarship program under K.S.A. 74-3278 through 74-3283 and
amendments thereto: Provided further, That of the total amount appropriated in the state
scholarship program account the amount of $25,000 is dedicated for the Kansas distin-
guished scholarship program.

Comprehensive Grant program

$9,620,000

Ethnic minority scholarship program

$310,000

Provided, That any unencumbered balance in the ethnic minority scholarship program ac-
count in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999.

Ethnic minority fellowship program

$156,000

Provided, That any unencumbered balance in the ethnic minority fellowship program ac-
count in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999.

Kansas work-study program

$517,227

Provided, That the state board of regents is hereby authorized to transfer moneys from the
Kansas work-study program account to the Kansas career work study program fund of any
institution under its jurisdiction participating in the Kansas work-study program established
by K.S.A. 74-3274 et seq., and amendments thereto: Provided further, That all moneys
transferred from this account to the Kansas career work study program fund of any such
institution shall be expended for and in accordance with the Kansas work-study program.

ROTC scholarship reimbursement

$184,421

Provided, That all expenditures from the ROTC scholarship reimbursement account for
reimbursements under K.S.A. 74-3256 and amendments thereto to any state educational
institution under the jurisdiction of the state board of regents shall be made as transfers to
the general fees fund of such state educational institution as a transaction between state
agencies in accordance with subsection (b) of K.S.A. 75-5516 and amendments thereto.

Teachers scholarship program

$298,215

Vocational scholarships

$100,000

Nursing student scholarship program

$240,567

Provided, That any unencumbered balance in the nursing student scholarship program ac-
count in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999.

Municipal university operating grant

$7,902,169

Expenses for recruiting, interviewing and selecting chief executive officersof institutions and state board of regents (including official hospitalityand directly related operating expenditures)

$25,000

Provided, That expenditures may be made from the expenses for recruiting, interviewing
and selecting chief executive officers of institutions and state board of regents (including
official hospitality and directly related operating expenditures) account to reimburse the
actual expenditures of applicants, members of the state board of regents and designated
personnel and applicants' spouses when accompanying applicants on official business.

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

Osteopathic scholarship repayment fund

$540,000

Vocational education scholarship examination fees fund

No limit

Vocational education scholarship discontinued attendance fund

No limit

Student incentive grant fund--federal

No limit

Regents' scholarship gift fund

No limit

Provided, That expenditures may be made from the regents' scholarship gift fund for schol-
arships awarded to Kansas residents who are attending institutions of postsecondary edu-
cation in Kansas which are authorized under the laws of this state to award academic degrees
and who meet academic and other eligibility criteria established by the state board of regents
by rules and regulations: Provided, however, That a financial needs test shall not be one of
the eligibility criteria established by the state board of regents for such scholarships: Pro-
vided further, That no scholarship awarded from this fund shall exceed $2,000 per academic
year: And provided further, That any recipient of a scholarship awarded from this fund may
also receive either a state scholarship under K.S.A. 72-6810 to 72-6816, inclusive, and
amendments thereto or a tuition grant under K.S.A. 72-6107 to 72-6111, inclusive, and
amendments thereto, or both: And provided further, That there shall be no reduction of
any scholarship awarded from this fund for the amount of any such state scholarship or
tuition grant received.

Earned indirect costs fund--federal

No limit

Paul Douglas teacher scholarship fund--federal

No limit

Education for economic security grant--federal fund

No limit

Comprehensive grant program discontinued attendance fund

No limit

State scholarship discontinued attendance fund

No limit

Kansas ethnic minority fellowship program fund

No limit

Private postsecondary educational institution degree authorization
expense reimbursement fee fund

No limit

Voluntary tax sheltered annuity clearing fund

No limit

Substance abuse education fund--federal

No limit

Mandatory retirement annuity clearing fund

No limit

Nursing student scholarship program fund

No limit

Kansas ethnic minority discontinued attendance fund

No limit

Clearing fund

No limit

Conversion of materials and equipment fund

No limit

Teacher scholarship program fund

No limit

Financial aid services fee fund

No limit

Provided, That expenditures may be made from the financial aid services fee fund for op-
erating expenditures directly or indirectly related to the operating costs associated with
administering the Kansas osteopathy scholarship program, Kansas optometric scholarship
program, Kansas nursing scholarship program and Kansas teacher scholarship program:
Provided further, That the executive officer of the state board of regents is hereby authorized
to fix, charge and collect fees for the processing of all new and renewal applications under
the Kansas osteopathy scholarship program, Kansas optometric scholarship program, Kansas
nursing scholarship program and Kansas teacher scholarship program: And provided further,
That such fees shall be fixed in order to recover all or a part of the direct and indirect
operating expenses incurred for administering such scholarship programs: And provided
further, That all moneys received for such fees shall be deposited in the state treasury and
credited to this fund.

Optometry education repayment fund

No limit

Teacher scholarship repayment fund

No limit

Advanced registered nurse practitioner program fund

No limit

Nursing student scholarship discontinued attendance fund

No limit

Nursing student scholarship repayment fund

No limit

Kansas state geography education endowment program fund

No limit

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

EDIF--national geographic society education foundation endowmentfund

$250,000

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

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

SBSF--technology equipment at regents institutions

$5,000,000

Provided, That the state board of regents is hereby authorized to transfer moneys from the
SBSF--technology equipment at regents institutions account to an account or accounts of
the restricted fees fund of any institution under its jurisdiction for the purchase of technology
equipment for instructional purposes, in accordance with guidelines established by the state
board of regents: Provided further, That all such transfers by the state board of regents from
the state budget stabilization fund for fiscal year 1999 from the SBSF--technology equip-
ment at regents institutions account shall be in addition to any expenditure limitation im-
posed on the state budget stabilization fund for fiscal year 1999.

(d) On July 1, 1998, the director of accounts and reports shall transfer all moneys in
the tuition grant discontinued attendance fund of the board of regents to the comprehensive
grant program discontinued attendance fund of the state Board of Regents. On July 1, 1998,
all liabilities of the tuition grant discontinued attendance fund are hereby transferred to and
imposed on the comprehensive grant program discontinued attendance fund and the tuition
grant discontinued attendance fund is hereby abolished.

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

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

State Board of Regents

18.0

Sec. 140.

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

Central administration operations and parole and postrelease supervisionoperations

$12,472,648

Provided, That any unencumbered balance in the central administration operations and
parole and postrelease supervision operations account in excess of $100 as of June 30, 1998,
is hereby reappropriated for fiscal year 1999: Provided, however, That expenditures from
such reappropriated balance shall not exceed $84,387 except upon approval of the state
finance council.

Community corrections

$14,955,501

Provided, That any unencumbered balance in the community corrections account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall not exceed $58,530 except upon
approval of the state finance council: Provided further, That no expenditures may be made
by any county from any grant made to such county from the community corrections account
for either half of state fiscal year 1999 which supplant any amount of local public or private
funding of existing programs as determined in accordance with rules and regulations adopted
by the secretary of corrections.

Community correctional conservation camps

$2,261,100

Treatment and programs

$29,295,298

Provided, That any unencumbered balance in the treatment and programs account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall not exceed $61,199 except upon
approval of the state finance council: Provided further, That expenditures from the treat-
ment and programs account for malpractice insurance shall not be greater than the amount
obtained by multiplying $5,000 by the approved number of positions equated to full-time
for individuals employed as physician specialists, physician assistants and dentists.

Postconviction nonprison sanctions for felony offenders

$105,675

Provided, That any unencumbered balance in the postconviction nonprison sanctions for
felony offenders account in excess of $100 as of June 30, 1998, is hereby reappropriated for
fiscal year 1999: Provided, however, That expenditures from such reappropriated balance
shall not exceed $94,325 except upon approval of the state finance council: Provided further,
That expenditures may be made from the postconviction nonprison sanctions for felony
offenders account for only those postconviction nonprison sanction costs authorized by the
secretary of corrections to be paid from this account: And provided further, That the rate
of reimbursement for the expenses of such sanctions shall be determined and fixed by the
secretary of corrections.

Facilities operations

$125,103,623

Justice assistance--federal fund

No limit

Department of corrections state asset forfeiture fund

No limit

Carl Perkins act--federal fund

No limit

Criminal Justice Information System--federal fund

No limit

Violent offender incarceration and truth in sentencing incentivegrants--federal fund

No limit

Chapter I--federal fund

No limit

Correctional industries fund

No limit

State of Kansas--department of corrections inmate benefit fund

No limit

Provided, That in addition to any other expenditure authorized from the state of Kansas--
department of corrections inmate benefit fund, the sum of $15,000 shall be expended to
fund a portion of the operations of the office of the ombudsman of corrections.

Department of corrections--general fees fund

No limit

Provided, That expenditures may be made from the department of corrections--general
fees fund for operating expenditures for training programs for correctional personnel, in-
cluding official hospitality: Provided further, That the secretary of corrections is hereby
authorized to fix, charge and collect fees for such programs: And provided further, That
such fees shall be fixed in order to recover all or part of the operating expenses incurred
for such training programs, including official hospitality: And provided further, That all fees
received for such programs shall be credited to this fund.

Topeka correctional facility--community development block grant--fed-eral fund

No limit

Topeka correctional facility--general fees fund

No limit

Topeka correctional facility--inmate canteen fund

No limit

Topeka correctional facility--inmate benefit fund

No limit

Topeka correctional facility--institutional library services grant fund--federal

No limit

Hutchinson correctional facility--general fees fund

No limit

Hutchinson correctional facility--inmate canteen fund

No limit

Hutchinson correctional facility--inmate benefit fund

No limit

Hutchinson correctional facility--institutional library services grantfund--federal

No limit

Lansing correctional facility--general fees fund

No limit

Lansing correctional facility--inmate canteen fund

No limit

Lansing correctional facility--inmate benefit fund

No limit

Lansing correctional facility--institutional library services grant fund--federal

No limit

Ellsworth correctional facility--general fees fund

No limit

Ellsworth correctional facility--inmate canteen fund

No limit

Ellsworth correctional facility--inmate benefit fund

No limit

Ellsworth correctional facility--institutional library services grantfund--federal

No limit

Winfield correctional facility--general fees fund

No limit

Winfield correctional facility--inmate canteen fund

No limit

Winfield correctional facility--inmate benefit fund

No limit

Winfield correctional facility--institutional library services grant fund--federal

No limit

Norton correctional facility--general fees fund

No limit

Norton correctional facility--inmate canteen fund

No limit

Norton correctional facility--inmate benefit fund

No limit

Norton correctional facility--institutional library services grant fund--federal

No limit

El Dorado correctional facility--general fees fund

No limit

El Dorado correctional facility--inmate canteen fund

No limit

El Dorado correctional facility--inmate benefit fund

No limit

El Dorado correctional facility--institutional library services grantfund--federal

No limit

Larned correctional mental health facility--general fees fund

No limit

Larned correctional mental health facility--inmate canteen fund

No limit

Larned correctional mental health facility--inmate benefit fund

No limit

Larned correctional mental health facility--institutional library servicesgrant fund--federal

No limit

Larned correctional mental health facility--justice assistance--federalfund

No limit

(c) The following amounts are included in the facilities operations account of the state
general fund for the following correctional facilities and programs, but expenditures from
this account for any such correctional facility or program shall not be limited to, nor be
required to be made in, the amount listed for the correctional facility or program:

Topeka correctional facility

$12,884,190

Hutchinson correctional facility

$21,680,863

Lansing correctional facility

$29,925,808

Ellsworth correctional facility

$8,093,849

Winfield correctional facility

$8,686,228

Norton correctional facility

$10,350,506

El Dorado correctional facility

$15,918,442

Larned correctional mental health facility

$6,695,137

Food service

$11,102,072

(d) During the fiscal year ending June 30, 1999, the secretary of corrections, with the
governor's approval, may transfer any part of any item of appropriation for the fiscal year
ending June 30, 1999, from the state general fund for the department of corrections or any
correctional institution or facility under the general supervision and management of the
secretary of corrections to another item of appropriation for fiscal year 1999 from the state
general fund for the department of corrections or any correctional institution or facility
under the general supervision and management of the secretary of corrections. The secretary
of corrections shall certify each such transfer to the director of accounts and reports and
shall transmit a copy of each such certification to the legislative research department.

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

Department of Corrections

3,033.5

Sec. 141.

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

Operating expenditures

$4,009,985

Civil air patrol--operating expenditures

$25,827

Conversion of materials and equipment fund--military division

No limit

Training and support of title III--federal fund

No limit

Emergency preparedness--federal fund matching--equipment fund

No limit

Emergency preparedness--federal fund matching--administrationfund

No limit

Emergency preparedness--RADEF instrument maintenance fund

No limit

State disaster coordination--federal fund

No limit

Emergency preparedness--nuclear civil protection--federal fund

No limit

Payment of death, disability, and medical benefit claims fund

No limit

Expenses under national guard mutual assistance compact fund

No limit

Military fees fund

No limit

Provided, That all moneys received by the adjutant general from the federal government
for reimbursement for expenditures made under agreements with the federal government
shall be deposited in the state treasury and credited to the military fees fund.

Emergency preparedness--fee fund

No limit

Armories and units general fees fund

No limit

Emergency preparedness--disaster fund--federal fund

No limit

Civil air patrol--grants and contributions fund

No limit

Sec. 142.

STATE FIRE MARSHAL (a) There is appropriated for the above agency from the following special revenue fund
or funds all moneys now or hereafter lawfully credited to and available in such fund or
funds, except that expenditures, other than refunds authorized by law, purchases of nation-
ally recognized adopted codes for resale and federally reimbursed overtime, shall not exceed
the following:

Fire marshal fee fund

$2,419,418

Provided, That expenditures from the fire marshal fee fund for official hospitality shall not
exceed $200.

Other federal grants fund

No limit

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

Gifts, grants and donations fund

$45,000

(b) During the fiscal year ending June 30, 1999, the director of the budget, after con-
sultation with the state fire marshal, may periodically certify to the director of accounts and
reports amounts of money for transfer from the fire marshal fee fund to the state general
fund in order to transfer moneys which are not currently needed to pay for the operations
of the office of the state fire marshal. Upon receipt of each such certification during the
fiscal year ending June 30, 1999, the director of accounts and reports shall transfer the
amount certified by the director of the budget from the fire marshal fee fund to the state
general fund. All amounts transferred from the fire marshal fee fund to the state general
fund under this subsection are to reimburse the state general fund for accounting, auditing,
budgeting, legal, payroll, personnel and purchasing services and any other governmental
services which are performed on behalf of the state fire marshal by other state agencies
which receive appropriations from the state general fund to provide such services. Such
reimbursements are in addition to those authorized by K.S.A. 75-3170a and amendments
thereto.

Sec. 143.

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

Parole from adult correctional institutions

$488,795

Provided, That any unencumbered balance in the parole from adult correctional institutions
account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999:
Provided, however, That expenditures from such reappropriated balance shall not exceed
$3,682 except upon approval of the state finance council.

Sec. 144.

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

Operating expenditures

$23,555,202

Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall not exceed $13,308 except upon
approval of the state finance council: Provided further, That expenditures may be made
from this account for the purchase of civilian clothing for members of the Kansas highway
patrol assigned to duties pursuant to K.S.A. 74-2105 and amendments thereto: And provided
further, That expenditures may be made from this account for state aircraft insurance: And
provided further, That expenditures from this account for official hospitality shall not exceed
$500: And provided further, That expenditures shall be made from this account for operating
expenditures of the Kansas highway patrol to provide leadership, coordination and technical
assistance to other state public safety agencies in implementing the conversion to 800 meg-
ahertz radio systems for those agencies.

Capitol area security

$630,353

Provided, That any unencumbered balance in the capitol area security account in excess of
$100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall be made only upon approval of
the state finance council.

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

General fees fund

No limit

Provided, That all moneys received from the sale of used equipment, recovery of and re-
imbursements for expenditures and any other source of revenue shall be credited to the
general fees fund, except as otherwise provided by law: Provided further, That the above
agency shall deposit the proceeds from the sale of personal sidearms to retiring troopers
and other retiring sworn officers of the Kansas highway patrol, which sales upon retirement
are hereby authorized, to the credit of this fund: Provided, however That each such sale of
a retiring sworn officer's personal sidearm upon retirement shall be for an amount of not
less than the replacement cost of the sidearm.

For patrol of Kansas turnpike fund

No limit

Highway patrol motor vehicle fund

No limit

Highway patrol--federal fund

No limit

Kansas highway patrol state forfeiture fund

No limit

Gifts and donations fund

No limit

Federal forfeiture fund

No limit

Motor carrier safety assistance program fund

No limit

Highway patrol training center clearing fund

No limit

Provided, That expenditures may be made from the highway patrol training center clearing
fund for use of the highway patrol training center by other state or local government agen-
cies: Provided further, That the superintendent of the Kansas highway patrol is hereby
authorized to fix, charge and collect fees for recovery of costs associated with use of the
highway patrol training center by other state or local government agencies: And provided
further, That such fees shall be fixed in order to recover all or part of the expenses incurred
in providing for the use of the highway patrol training center by other state or local govern-
ment agencies: And provided further, That all fees received for use of the highway patrol
training center by other state or local government agencies shall be credited to this fund.

Highway safety fund

No limit

Capitol area security fund

No limit

Provided, That the Kansas highway patrol and any state agency which is responsible for the
operation of buildings in the capitol area are hereby authorized to negotiate contracts for
building security services: Provided further, That any such contract shall provide for reim-
bursement of the Kansas highway patrol for services rendered pursuant to such contract
and such reimbursement shall be credited to the capitol area security fund.

Vehicle identification number fee fund

$1,614,517

Interagency motor vehicle fuel sales fund

No limit

Provided, That expenditures may be made from the interagency motor vehicle fuel sales
fund to provide and sell motor vehicle fuel to other state agencies: Provided further, That
the superintendent of the Kansas highway patrol is hereby authorized to fix, charge and
collect fees for motor vehicle fuel sold to other state agencies: And provided further, That
such fees shall be fixed in order to recover all or part of the expenses incurred in providing
motor vehicle fuel to other state agencies: And provided further, That all fees received for
such sales of motor vehicle fuel shall be credited to this fund.

Motor carrier inspection fund

$7,064,909

Highway patrol training center fund

$900,000

(c) On July 1, 1998, the director of accounts and reports shall transfer $139,500 from
the motor carrier license fees fund of the state corporation commission to the motor carrier
safety assistance program fund of the Kansas highway patrol.

(d) On January 1, 1998, the director of accounts and reports shall transfer $139,499
from the motor carrier license fees fund of the state corporation commission to the motor
carrier safety assistance program fund of the Kansas highway patrol.

(e) On July 1, 1998, October 1, 1998, January 1, 1999, and April 1, 1999, the director
of accounts and reports shall transfer $1,749,659 from the state highway fund of the de-
partment of transportation to the motor carrier inspection fund of the Kansas highway patrol
for the purpose of financing the motor carrier inspection program of the Kansas highway
patrol.

(f) On July 1, 1998, the director of accounts and reports shall transfer $150,000 from
the state highway fund of the department of transportation to the highway safety fund of
the Kansas highway patrol for the purpose of financing the motorist assistance program of
the Kansas highway patrol.

(g) On July 1, 1998, the director of accounts and reports shall transfer $170,000 from
the state highway fund of the department of transportation to the general fees fund of the
Kansas highway patrol for the purpose of financing operating expenditures of the Kansas
highway patrol.

Sec. 145.

ATTORNEY GENERAL--KANSAS BUREAU OF INVESTIGATION (a) There is appropriated for the above agency from the state general fund the following:

Operating expenditures

$11,348,650

Debt service payment--purchase of headquarters building at 1620 S.W.Tyler Street in Topeka

$142,489

Kansas bureau of investigation state forfeiture fund

No limit

Kansas bureau of investigation federal forfeiture fund

No limit

Kansas bureau of investigation federal grants fund

No limit

Forensic laboratory and materials fee fund

No limit

Provided, That expenditures may be made from this fund for the acquisition of laboratory
equipment and materials and for other direct or indirect operating expenditures for the
forensic laboratory of the Kansas bureau of investigation incurred for laboratory tests con-
ducted for noncriminal justice entities, including governmental agencies and private organ-
izations, which testing activity is hereby authorized: Provided, however, That all expenditures
from this fund of moneys received as Kansas bureau of investigation laboratory analysis fees
pursuant to subsection (a) of K.S.A. 28-176 and amendments thereto shall be for the pur-
poses authorized by subsection (c) of K.S.A. 28-176 and amendments thereto: Provided
further, That the director of the Kansas bureau of investigation is hereby authorized to fix,
charge and collect fees for laboratory tests conducted for such noncriminal justice entities:
And provided further, That such fees shall be fixed in order to recover all or part of the
direct and indirect operating expenses incurred for conducting laboratory tests for such
noncriminal justice entities: And provided further, That all fees received for such laboratory
tests, including all moneys received pursuant to subsection (a) of K.S.A. 28-176 and amend-
ments thereto shall be deposited in the state treasury and credited to this fund.

KBI general fees fund

No limit

Provided, That expenditures may be made from the KBI general fees fund for direct or
indirect operating expenditures incurred for the following activities: (1) Conducting edu-
cation and training classes for special agents and other personnel, including official hospi-
tality; (2) purchasing illegal drugs, making contacts and acquiring information leading to
illegal drug outlets, contraband and stolen property, and conducting other activities for
similar investigatory purposes; (3) conducting investigations and related activities for the
Kansas lottery or the Kansas racing and gaming commission; (4) conducting DNA forensic
laboratory tests and related activities; (5) preparing, publishing and distributing crime pre-
vention materials: Provided, however, That the director of the Kansas bureau of investigation
is hereby authorized to fix, charge and collect fees in order to recover all or part of the
direct and indirect operating expenses incurred, except as otherwise hereinafter provided,
for the following: (1) Education and training services made available to local law enforce-
ment personnel in classes conducted for special agents and other personnel of the Kansas
bureau of investigation; (2) investigations and related activities conducted for the Kansas
lottery or the Kansas racing and gaming commission, except that the fees fixed for these
activities shall be fixed in order to recover all of the direct and indirect expenses incurred
for such investigations and related activities; (3) DNA forensic laboratory tests and related
activities; (4) sale and distribution of crime prevention materials: Provided further, That all
fees received for such activities shall be deposited in the state treasury and credited to this
fund: And provided further, That all moneys which are expended for any such evidence
purchase, information acquisition or similar investigatory purpose or activity from whatever
funding source and which are recovered shall be deposited in the state treasury and credited
to this fund: And provided further, That all moneys received as gifts, grants or donations
for the preparation, publication or distribution of crime prevention materials shall be de-
posited in the state treasury to the credit of this fund.

Record check fee fund

No limit

Provided, That the director of the Kansas bureau of investigation is authorized to fix, charge
and collect fees in order to recover all or part of the direct and indirect operating expenses
for criminal history record checks conducted for noncriminal justice entities including gov-
ernment agencies and private organizations: Provided, however, That all moneys received
for such fees shall be deposited in the state treasury and credited to the record check fee
fund: Provided further, expenditures from the record check fee fund may be made only for
the expenses of conducting criminal history record checks.

Sec. 146.

JUVENILE JUSTICE AUTHORITY (a) There is appropriated for the above agency from the state general fund for the fiscal
year or years specified, the following:

Operating expenditures

$23,878,619

Provided, That expenditures from the operating expenditures account for official hospitality
shall not exceed $1,000.

Management information systems

$125,000

Community initiatives

$2,500,000

Provided, That expenditures shall be made from the community initiatives account for com-
munity-based initiatives designed to relieve the demands upon juvenile correctional facilities
and to provide a community-centered, prevention-focused juvenile justice system which
includes diversion, a continuum of community sanctions and post-release, aftercare services:
Provided further, That all expenditures made from this account shall be based upon the
proportionate needs of the 31 judicial districts in juvenile justice matters.

Facilities operations

$24,546,608

Provided, That any unencumbered balance in the facilities operations account in excess of
$100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall not exceed $19,710 except upon
approval of the state finance council: Provided further, That expenditures may be made
from this account for educational services contracts which are hereby authorized to be
negotiated and entered into by the above agency with unified school districts or other public
educational services providers: And provided further, That such educational services con-
tracts shall not be subject to the competitive bid requirements of K.S.A. 75-3739 and amend-
ments thereto.

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

Title XIX fund

No limit

Title IV-E fund

No limit

Juvenile justice delinquency prevention--federal fund

No limit

Juvenile detention facilities fund

$2,697,648

Juvenile justice fee fund

No limit

Kansas endowment for youth trust fund

No limit

Juvenile justice federal fund

No limit

Juvenile justice community initiative fund

No limit

Juvenile justice community planning fund

No limit

Byrne grant--federal fund

No limit

Capital facilities planning and projects--federal fund

No limit

Topeka juvenile correctional facility fee fund

No limit

Topeka juvenile correctional facility improvement fund

No limit

Topeka juvenile correctional facility--elementary and secondary educa-tion fund--federal

No limit

Topeka juvenile correctional facility--canteen fund

No limit

Topeka juvenile correctional facility--patient benefit fund

No limit

Atchison juvenile correctional facility fee fund

No limit

Atchison juvenile correctional facility--elementary and secondary edu-cation fund--federal

No limit

Atchison juvenile correctional facility--canteen fund

No limit

Atchison juvenile correctional facility--patient benefit fund

No limit

Beloit juvenile correctional facility fee fund

No limit

Beloit juvenile correctional facility--elementary and secondary educationfund--federal

No limit

Beloit juvenile correctional facility--canteen fund

No limit

Beloit juvenile correctional facility--patient benefit fund

No limit

Larned juvenile correctional facility fee fund

No limit

(c) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $90,000 from the alcohol and drug abuse block grant federal
fund of the department of social and rehabilitation services to the juvenile justice federal
fund of the juvenile justice authority.

(d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $42,310 from the alcohol and drug abuse block grant federal
fund of the department of social and rehabilitation services to the Beloit juvenile correctional
facility fee fund of the juvenile justice authority.

(e) During the fiscal year ending June 30, 1999, the superintendent of the Topeka
juvenile correctional facility, upon the approval of the director of accounts and reports, shall
transfer $4,000 from the Topeka juvenile correctional facility--canteen fund to the Topeka
juvenile correctional facility--patient benefit fund.

(f) During the fiscal year ending June 30, 1999, the superintendent of the Atchison
juvenile correctional facility, upon the approval of the director of accounts and reports, shall
transfer $500 from the Atchison juvenile correctional facility--canteen fund to the Atchison
juvenile correctional facility--patient benefit fund.

(g) During the fiscal year ending June 30, 1999, the superintendent of the Beloit juvenile
correctional facility, upon the approval of the director of accounts and reports, shall transfer
$1,000 from the Beloit juvenile correctional facility--canteen fund to the Beloit juvenile
correctional facility--patient benefit fund.

(h) During the fiscal year ending June 30, 1999, the commissioner of juvenile justice,
with the governor's approval, may transfer any part of any item of appropriation for the
fiscal year ending June 30, 1999, from the state general fund for the juvenile justice authority
or any juvenile correctional facility or institution under the general supervision and man-
agement of the commissioner of juvenile justice to another item of appropriation for fiscal
year 1999 from the state general fund for the juvenile justice authority or any juvenile
correctional facility or institution under the general supervision and management of the
commissioner of juvenile justice. The commissioner of juvenile justice shall certify each
such transfer to the director of accounts and reports and shall transmit a copy of each such
certification to the legislative research department.

(i) The following amounts are included in the facilities operations account of the state
general fund for the fiscal year ending June 30, 1999, for the following juvenile correctional
facilities and institutions, but expenditures from the facilities operations account shall not
be limited to, nor be required to be made in, the amount listed for the juvenile correctional
facility:

Topeka juvenile correctional facility

$10,419,031

Beloit juvenile correctional facility

$4,686,903

Atchison juvenile correctional facility

$5,538,835

Larned juvenile correctional facility

$3,921,549

(j) On or after July 1, 1998, during fiscal year 1999, upon notification by the commis-
sioner of juvenile justice, the director of accounts and reports shall transfer all moneys
specified by the commissioner of juvenile justice for the residential substance abuse program
at the Larned juvenile correctional facility to the juvenile justice federal fund of the juvenile
justice authority.

Sec. 147.

EMERGENCY MEDICAL SERVICES BOARD (a) There is appropriated for the above agency from the state general fund the following:

Operating expenditures

$828,501

Regional council grants

$100,000

EMS--federal fund

No limit

Emergency medical services operating fund

$2,500

Provided, That the emergency medical services board is hereby authorized to fix, charge
and collect fees in order to recover costs incurred for distributing educational videos, re-
placing lost educational materials and mailing labels of those licensed by the board: Provided
further, That such fees may be fixed in order to recover all or part of such costs: And
provided further, That all moneys received from such fees shall be deposited in the state
treasury and credited to the emergency medical services operating fund.

Sec. 148.

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

Operating expenditures

$314,404

State matching fund

$901,536

General fees fund

No limit

Juvenile justice--federal fund

No limit

Statistical analysis--federal fund

No limit

Drug abuse fund--federal

No limit

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

Criminal Justice Information System

$1,300,248

Provided, That all expenditures by the above agency from the state budget stabilization fund
for fiscal year 1999 for the criminal justice information system shall be in addition to any
expenditure limitation imposed on the state budget stabilization fund for fiscal year 1999.

Sec. 149.

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

Adult corrections oversight

$174,562

Provided, That any unencumbered balance in the adult corrections oversight account in
excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided,
however, That expenditures from such reappropriated balance shall be made only upon
approval of the state finance council.

Sec. 150. Position limitations. The number of full-time and regular part-time positions
equated to full-time, excluding seasonal and temporary positions, paid from appropriations
for fiscal year 1999, made in this or other appropriation act of the 1998 regular session of
the legislature for the following agency or agencies shall not exceed the following, except
upon approval of the state finance council:

Adjutant General

226.0

State Fire Marshal

41.0

Kansas Parole Board

4.0

Kansas Highway Patrol

780.8

Attorney General--Kansas Bureau of Investigation

193.5

Juvenile Justice Authority

590.0

Emergency Medical Services Board

13.0

Kansas Sentencing Commission

9.0

Ombudsman of Corrections

4.0

Sec. 151.

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

Operating expenditures (including official hospitality)

$9,935,428

Provided, That any unencumbered balance in the operating expenditures (including official
hospitality) account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal
year 1999: Provided, however, That expenditures from such reappropriated balance shall
not exceed $103,713 except upon approval of the state finance council: Provided further,
That expenditures may be made from this account for expenses incurred in holding the
annual meeting: And provided further, That the above agency may negotiate and enter into
contracts to carry out its functions at the annual meeting: And provided further, That such
contracts shall not be subject to the competitive bid requirements of K.S.A. 75-3739 and
amendments thereto.

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

Dairy division fee fund

$110,142

Meat and poultry inspection fee fund

$54,766

Wheat quality survey fund

$30,000

Entomology fee fund

$128,331

Laboratory equipment fund

No limit

Water structures--state highway fund

$90,358

Soil amendment fee fund

$2,515

Agricultural liming materials fee fund

$26,045

Weights and measures fee fund

$72,184

Water appropriation certification fund

$416,018

Water rights information system fees fund

No limit

Provided, That the secretary of agriculture is hereby authorized to fix, charge and collect
fees for water data provided at the request of non-state government agencies and the general
public: Provided further, That such fees shall be fixed in order to recover all of the direct
data processing expenses incurred in preparation of requested water data: And provided
further, That such fees shall be deposited in the state treasury and credited to the water
rights information system fees fund: And provided further, That expenditures may be made
from this fund to pay the costs incurred by the division of water resources for data processing
services to prepare requested water data.

Agriculture seed fee fund

$71,710

Chemigation fee fund

$105,621

Agriculture statistics fund

No limit

Petroleum inspection fee fund

$552,015

Water transfer hearing fund

No limit

Warehouse fee fund

$591,962

Grain inspection fee fund

Kansas corn commission fund

No limit

Provided, That expenditures from the Kansas corn commission fund for official hospitality
shall not exceed $3,000.

Kansas grain sorghum commission fund

No limit

Provided, That expenditures from the Kansas grain sorghum commission fund for official
hospitality shall not exceed $3,000.

Soybean promotion and research fee fund

No limit

Provided, That expenditures from the soybean promotion and research fee fund for official
hospitality shall not exceed $3,000.

U.S. geological survey cooperative gage agreement fund

No limit

Provided, That the secretary of agriculture is hereby authorized to enter into a cooperative
gage agreement with the United States geological survey: Provided further, That all moneys
collected for the construction or operation of river water intake gages shall be deposited in
the state treasury and credited to the U.S. geological survey cooperative gage agreement
fund: And provided further, That expenditures may be made from this fund to pay the costs
incurred in the construction or operation of river water intake gages.

Water plan special revenue fund

$1,018,000

Provided, That expenditures from the water plan special revenue fund for salaries and wages
shall not exceed $580,169.

Agricultural chemical fee fund

$249,246

Feeding stuffs fee fund

$512,813

Fertilizer fee fund

$349,422

Livestock remedies fee fund

$19,513

Pesticide use fee fund

$444,021

Grade A milk fee fund

$197,858

Geographic information system fee fund

No limit

Seed examination fee fund

$28,880

Egg fee fund

$88,163

Meat and poultry inspection fund (federal)

No limit

Certification of pesticide applicators program--federal fund

No limit

EPA pesticide performance partnership grant fund

No limit

Pest detection and survey--federal fund

No limit

USDA NASS postage fund

No limit

FDA tissue residue fund--federal

No limit

Aquaculture fund

Conversion of materials and equipment fund

No limit

Publications fee fund

No limit

Provided, That expenditures may be made from the publications fee fund for operating
expenditures related to preparation and publication of ``Insects in Kansas'': Provided further,
That, notwithstanding the provisions of K.S.A. 75-1005 and amendments thereto to the
contrary, the secretary of agriculture is hereby authorized to enter into a contract with a
commercial publisher for the printing, distribution and sale of the publication ``Insects in
Kansas'': And provided further, That the secretary of agriculture is hereby authorized to
collect fees from such commercial publisher pursuant to contract with the publisher for the
sale of the publication: And provided further, That the secretary of agriculture is hereby
authorized to receive and accept grants, gifts, donations or funds of any kind from the federal
government or any of its agencies or from any other source whatsoever for the printing,
publication and distribution of ``Insects of Kansas'': And provided further, That all moneys
received from such fees or for such grants, gifts, donations or other funds received for such
purpose, shall be deposited in the state treasury and credited to this fund.

Other grants fund

No limit

Provided, That, the above agency is authorized to make expenditures from the other grants
fund of any moneys credited to this fund from any individual grant if the grant is: (1) Less
than $200,001 in the aggregate, and (2) does not require the matching expenditure of any
moneys in the state treasury during fiscal year 1999 other than moneys appropriated by this
act: Provided, however, That no grant that: (1) Is greater than $200,000 in the aggregate,
(2) requires the matching expenditure of any moneys in the state treasury during fiscal year
1999 other than moneys appropriated by this act, or (3) is a grant for the farmers' assistance,
counseling and training program, shall be deposited to the credit of this fund.

(c) On July 1, 1998, the director of accounts and reports shall transfer $89,677 from the
state highway fund of the department of transportation to the water structures--state high-
way fund of the Kansas department of agriculture.

(d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $1,018,000 from the state water plan fund of the Kansas
water office to the water plan special revenue fund of the Kansas department of agriculture.

Sec. 152.

KANSAS ANIMAL HEALTH DEPARTMENT (a) There is appropriated for the above agency from the state general fund the following:

Operating expenditures

$615,053

Animal disease control fund

No limit

Animal dealers fee fund

No limit

Veterinary inspection fee fund

No limit

Livestock market brand inspection fee fund

No limit

Livestock brand fee fund

No limit

Livestock brand emergency revolving fund

No limit

County option brand fee fund

No limit

Federal state disease control fund

No limit

Livestock indemnification fund

No limit

Pseudorabies indemnification fund

No limit

Sec. 153.

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

Operating expenditures

$125,000

Provided, That the state fair board shall report to the legislature at the beginning of the
1999 regular session all banking fees incurred to date during the fiscal year ending June 30,
1999.

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

State fair fee fund

No limit

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

Non-fair days activities fee fund

No limit

State fair special cash fund

No limit

(c) Upon request of the state fair board, the attorney general shall provide legal services
for the board during fiscal year 1999.

Sec. 154.

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

Kansas wheat commission fund

$3,347,691

Provided, That all contracts made by the Kansas wheat commission with United States wheat
associates, inc., shall contain a provision that United States wheat associates, inc., shall not
expend any of the moneys provided by the Kansas wheat commission for any purpose not
authorized by the Kansas wheat act: Provided further, That expenditures from the Kansas
wheat commission fund for official hospitality shall not exceed $30,000.

Sec. 155.

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

Operating expenditures

$585,261

Water plan special revenue fund

$9,633,250

Land reclamation fee fund

No limit

Riparian & wetland areas project--federal fund

No limit

Watershed protect approach/WTR RSRCE MGT fund

No limit

Conversion of materials and equipment fund

No limit

(c) Subject to the limitation on total expenditures from the water plan special revenue
fund, expenditures may be made by the above agency from the water plan special revenue
fund for the following specified purposes, subject to the expenditure limitations prescribed
therefor:

Land treatment cost-share programs

$4,450,000

Provided, That expenditures from the land treatment cost-share programs account of the
water plan special revenue fund shall be for cost-sharing grants for construction of enduring
water conservation structures on privately and publicly owned land in conservation districts
which are needed for development and improvement of the quality and quantity of Kansas
water resources: Provided further, That an amount of not to exceed $2,720,000 of the initial
allocation among conservation districts for such grants for fiscal year 1999 shall be on the
basis of allocating 60% of the amount equally among all conservation districts and allocating
40% of the amount to be initially allocated proportionally among all conservation districts
on the basis of an index composed of the measurement of nonfederal rural acreage, erosion
potential and rainfall in all conservation districts, as determined by the state conservation
commission: And provided further, That the balance of the initial allocation for such grants
for fiscal year 1999 shall be allocated to conservation districts on a priority basis, as deter-
mined by the state conservation commission and state water plan: And provided further,
That expenditures from this account for contractual technical expertise shall not exceed the
amount equal to 3% of the approved budget amount for fiscal year 1999 for the land treat-
ment cost-share programs account: And provided further, That all expenditures from this
account shall be in accordance with K.S.A. 2-1915 and amendments thereto.

Non-point source pollution

$3,000,000

Conservation district aid

$1,023,250

Multipurpose small lakes program

$231,000

Watershed dam construction

$829,000

Provided, That expenditures from the watershed dam construction account of the water
plan special revenue fund are hereby authorized for engineering contracts for watershed
planning as determined by the state conservation commission: Provided, however, That
expenditures from this account for such engineering contracts for watershed planning shall
not exceed $50,000.

Riparian and wetland program

$100,000

(d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer amounts which in the aggregate shall not exceed $9,633,250
from the state water plan fund of the Kansas water office to the water plan special revenue
fund of the state conservation commission.

(e) During the fiscal year ending June 30, 1999, the executive director of the state
conservation commission may transfer moneys from any existing account of the water plan
special revenue fund of the state conservation commission to another existing account of
the water plan special revenue fund of the state conservation commission: Provided, how-
ever, That no such transfer shall reduce the amount credited to the land treatment cost-
share programs account to less than $2,720,000: Provided further, That no such transfer
shall reduce the amount credited to the non-point source pollution account to less than
$3,000,000. The executive director of the state conservation commission shall certify each
such transfer to the director of accounts and reports and shall transmit a copy of each such
certification to the division of the budget of the department of administration and the
legislative research department.

Sec. 156.

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

Water resources operating expenditures

$1,402,640

Provided, That any unencumbered balance in the water resources operating expenditures
account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999:
Provided however, That expenditures from such reappropriated balance shall be made only
upon approval of the state finance council: Provided further, That expenditures from this
account for official hospitality shall not exceed $250.

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

State water plan fund

$2,877,117

Provided, That expenditures may be made from the state water plan fund for the salary and
other compensation for the GIS resource manager: Provided further, That expenditures
may be made from this fund for projects and studies as approved by the Kansas water
authority, the governor or the legislature: Provided, however, That no expenditures shall be
made from this fund to acquire any additional water storage in lake Milford or lake Perry:
And provided further, That upon appropriation to the GIS policy board for data base de-
velopment, the director of the Kansas water office and other state agencies are hereby
authorized to enter into contracts for data base development subject to applicable expend-
iture limitations therefor.

Conversion of materials and equipment fund

Water supply storage assurance fund

Provided, That any moneys deposited to the credit of the water supply storage assurance
fund which are received from water assurance districts shall be credited to a separate su-
baccount: Provided further, That all expenditures from any such subaccount shall be in
addition to any expenditure limitation imposed on this fund for fiscal year 1999.

State conservation storage water supply fund

Water marketing fund

No limit

Federal grants and receipts fund

No limit

General fees fund

No limit

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

Water conservation projects fund

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

Sec. 157.

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

Operating expenditures

$4,063,527

Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided, however,
That expenditures from such reappropriated balance shall be made only upon approval of
the state finance council: Provided further, That expenditures may be made from the op-
erating expenditures account for the purchase of state aircraft insurance: And provided
further, That expenditures from this account for official hospitality shall not exceed $1,000.

Any unencumbered balance in excess of $100 as of June 30, 1998, in each of the following
accounts is hereby reappropriated for fiscal year 1999: Wildlife fee fund diversion repay-
ment.

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

Wildlife fee fund

$19,835,822

Provided, That additional expenditures may be made from the wildlife fee fund for fiscal
year 1999 for the purposes of compensating federal aid program expenditures if necessary
in order to comply with requirements established by the United States fish and wildlife
service for the utilization of federal aid funds: Provided further, That all such expenditures
shall be in addition to any expenditure limitation imposed upon the wildlife fee fund for
fiscal year 1999: And provided further, That the secretary of wildlife and parks shall report
all such expenditures to the governor and the legislature as appropriate: And provided
further, That expenditures from this fund for official hospitality shall not exceed $1,000.

Parks fee fund

$3,666,496

Provided, That additional expenditures may be made from the parks fee fund for fiscal year
1999 for the purposes of compensating federal aid program expenditures if necessary in
order to comply with requirements established by the United States fish and wildlife service
for the utilization of federal aid funds: Provided further, That all such expenditures shall be
in addition to any expenditure limitation imposed upon the parks fee fund for fiscal year
1999: And provided further, That the secretary of wildlife and parks shall report all such
expenditures to the governor and the legislature as appropriate.

Boating fee fund

$988,015

Provided, That additional expenditures may be made from the boating fee fund for fiscal
year 1999 for the purposes of compensating federal aid program expenditures if necessary
in order to comply with requirements established by the United States fish and wildlife
service for the utilization of federal aid funds: Provided further, That all such expenditures
shall be in addition to any expenditure limitation imposed upon the boating fee fund for
fiscal year 1999: And provided further, That the secretary of wildlife and parks shall report
all such expenditures to the governor and the legislature as appropriate: And provided
further, That expenditures from this fund for official hospitality shall not exceed $1,000.

Central aircraft fund

No limit

Provided, That expenditures may be made by the above agency from the central aircraft
fund for aircraft operating expenditures, for aircraft maintenance and repair, to provide
aircraft services to other state agencies, and for the purchase of state aircraft insurance:
Provided further, That the secretary of wildlife and parks is hereby authorized to fix, charge
and collect fees for the provision of aircraft services to other state agencies: And provided
further, That such fees shall be fixed to recover all or part of the operating expenditures
incurred in providing such services: And provided further, That all fees received for such
services shall be credited to this fund.

Wildlife and parks nonrestricted fund

No limit

Provided, That all moneys received under K.S.A. 32-990, 32-991, 32-992, 32-993, 32-994
and 32-1173, and amendments to such sections, other than moneys restricted by K.S.A. 32-
990, 32-991, 32-992, 32-993, 32-994 and 32-1173, and amendments to such sections, shall
be deposited in the state treasury and credited to the wildlife and parks nonrestricted fund:
Provided further, That expenditures from this fund may be made for federal aid eligible
expenditures at the discretion of the secretary of wildlife and parks.

Water plan special revenue fund

$50,000

Prairie spirit rails-to-trails fee fund

$2,000

Nongame wildlife improvement fund

No limit

Wildlife conservation fund

No limit

Mined-land donation fund

No limit

Federally licensed wildlife areas fund

No limit

State agricultural production fund

No limit

Land and water conservation fund--local

No limit

Land and water conservation fund--state

No limit

El Dorado state park--gifts and donations fund

No limit

Development and promotions fund

No limit

Department of wildlife and parks private gifts and donations fund

No limit

Fish and wildlife restitution fund

No limit

Parks restitution fund

No limit

Nonfederal grants fund

No limit

Federal grants fund

No limit

Mined land donation fund

No limit

Suspense fund

No limit

Employee maintenance deduction clearing fund

No limit

(c) On July 1, 1998, or as soon thereafter as moneys are available therefor, the director
of accounts and reports shall transfer $50,000 from the state water plan fund of the Kansas
water office to the water plan special revenue fund of the department of wildlife and parks.

(d) On July 15, 1998, or as soon thereafter as moneys are available, the director of
accounts and reports shall transfer an amount not to exceed $35,000 specified by the sec-
retary of wildlife and parks from the wildlife fee fund of the department of wildlife and
parks to the El Dorado correctional facility--general fees fund of the department of cor-
rections.

(e) On or before July 10, 1998, and on or before the 10th day of each month thereafter
during fiscal year 1999, the director of accounts and reports shall transfer from the state
general fund to the wildlife and parks nonrestricted fund interest earnings based upon: (1)
The average daily balance of moneys in the wildlife and parks nonrestricted fund for the
preceding month, and (2) the net earnings rate of the pooled money investment board
portfolio for the preceding month.

(f) In addition to the other purposes for which expenditures may be made by the de-
partment of wildlife and parks from the moneys appropriated in the parks fee fund for the
fiscal year ending June 30, 1999, as authorized by this or other appropriation act of the 1998
regular session of the legislature, expenditures may be made from the parks fee fund for
fiscal year 1999 for operating expenditures and capital improvement projects for the pur-
poses of maintaining and repairing the Prairie Spirit rail trail in Allen, Anderson and Franklin
counties, including, but not limited to, the expenses of operating of park equipment by
employees of the department of wildlife and parks that are assigned to the state park system.

(g) In addition to the other purposes for which expenditures may be made by the de-
partment of wildlife and parks from the moneys appropriated in the wildlife conservation
fund for the fiscal year ending June 30, 1999, as authorized by this or other appropriation
act of the 1998 regular session of the legislature, expenditures shall be made from the wildlife
conservation fund for the purpose of repairing or replacing bridge no. R3-CHBW-06 at the
Cheyenne Bottoms wildlife area: Provided, That the design and construction specifications
for this project shall be prepared by the Kansas department of transportation, in cooperation
with the department of wildlife and parks.

Sec. 158. Position Limitations. The number of full-time and regular part-time positions
equated to full-time, excluding seasonal and temporary positions, paid from appropriations
for fiscal year 1999 made in this or other appropriation act of the 1998 regular session of
the legislature for the following agency or agencies shall not exceed the following, except
upon approval of the state finance council:

Kansas Department of Agriculture

308.0

Kansas Animal Health Department

30.0

State Fair Board

18.0

Kansas Wheat Commission

8.0

State Conservation Commission

13.5

Kansas Water Office

21.5

Department of Wildlife and Parks

392.3

Sec. 159.

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

State highway fund

No limit

Provided, That no expenditures may be made from the state highway fund other than for
the purposes specifically authorized by this or other appropriation act.

Special city and county highway fund

No limit

County equalization and adjustment fund

$2,500,000

Highway special permits fund

No limit

Highway bonds debt service fund

No limit

Rail services improvement fund

No limit

Rail service assistance program loan guarantee fund

No limit

Railroad rehabilitation loan guarantee fund

No limit

Provided, That expenditures from the railroad rehabilitation loan guarantee fund shall not
exceed the amount which the secretary of transportation is obligated to pay during the fiscal
year ending June 30, 1999, in satisfaction of liabilities arising from the unconditional guar-
antee of payment which was entered into by the secretary of transportation in connection
with the mid-states port authority federally taxable revenue refunding bonds, series 1994,
dated May 1, 1994, authorized by K.S.A. 12-3420 and amendments thereto and guaranteed
pursuant to K.S.A. 75-5031 and amendments thereto.

Interagency motor vehicle fuel sales fund

No limit

Provided, That expenditures may be made from the interagency motor vehicle fuel sales
fund to provide and sell motor vehicle fuel to the Kansas highway patrol: Provided further,
That the secretary of transportation is hereby authorized to fix, charge and collect fees for
motor vehicle fuel sold to the Kansas highway patrol: And provided further, That such fees
shall be fixed in order to recover all or part of the expenses incurred in providing motor
vehicle fuel to the Kansas highway patrol: And provided further, That all fees received for
such sales of motor vehicle fuel shall be credited to this fund.

Elderly and disabled coordinated public transportation assistance fund

No limit

Public use general aviation airport development fund

No limit

(b) Expenditures may be made by the above agency from the state highway fund for
the following specified purposes: Provided, That expenditures from the state highway fund
other than refunds authorized by law for the following specified purposes shall not exceed
the limitations prescribed therefor as follows:

Agency operations

$207,692,071

Provided, That expenditures from the agency operations account of the state highway fund
for official hospitality by the secretary of transportation shall not exceed $1,000: Provided,
however, That expenditures may be made from this account for state aircraft insurance:
Provided further, That expenditures may be made from this account for engineering services
furnished to counties for road and bridge projects under K.S.A. 68-402e and amendments
thereto.

Conference fees

No limit

Provided, That the secretary of transportation is hereby authorized to fix, charge and collect
conference, training and workshop attendance and registration fees for conferences, training
seminars and workshops sponsored or cosponsored by the department: Provided further,
That such fees shall be deposited in the state treasury and credited to the conference fees
account of the state highway fund: And provided further, That expenditures may be made
from this account to defray all or part of the costs of the conferences, training seminars and
workshops.

Substantial maintenance

No limit

Claims

No limit

Payments for city connecting links

$2,240,000

Federal local aid programs

No limit

Pre-1992 bond services fees

No limit

Construction, remodeling and special maintenance projects forbuildings

$7,972,315

Provided, That expenditures may be made from the construction, remodeling and special
maintenance projects for buildings account of the state highway fund of amounts in unex-
pended balances as of June 30, 1998, in capital improvement project accounts of projects
approved for prior fiscal years: Provided further, That expenditures from this account of
amounts in such unexpended balances shall be in addition to any expenditure limitation
imposed on this account for fiscal year 1999: And provided further, That in addition to the
other purposes for which expenditures may be made by the above agency from the moneys
appropriated in the state highway fund for fiscal year 1999 by this or other appropriation
act of the 1998 regular session of the legislature, expenditures may be made by the above
agency from the state highway fund for fiscal year 1999 for the acquisition of real estate for
use as a materials storage and mixing strip for the subarea located at Pittsburg, Kansas, by
purchase or exchange for currently owned real estate, to replace the materials storage and
mixing strip located at the south edge of Girard, Kansas, on state highway K-7.

Other capital improvements

No limit

(c) On April 1, 1999, the director of accounts and reports shall transfer from the motor
pool service fund of the department of administration to the state highway fund of the
department of transportation an amount determined to be equal to the sum of the annual
vehicle registration fees for each vehicle owned or leased by the state or any state agencies
in accordance with K.S.A. 75-4611 and amendments thereto.

(d) Upon notification from the secretary of transportation that an amount is due and
payable from the railroad rehabilitation loan guarantee fund, the director of accounts and
reports shall transfer from the state highway fund to the railroad rehabilitation loan guar-
antee fund the amount certified by the secretary as due and payable.

(e) Any transfer of money during the fiscal year ending June 30, 1999, from the state
highway fund to other state agencies, resulting from a contract for services shall be in
addition to any expenditure limitation imposed on the state highway fund for the fiscal year
ending June 30, 1999.

(f) Any transfer of money during the fiscal year ending June 30, 1999, from the state
highway fund to the highway bonds debt service fund shall be in addition to any expenditure
limitation imposed on the state highway fund for the fiscal year ending June 30, 1999.

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

Department of Transportation

3,129.5

Sec. 160. Kansas savings incentive program. (a) In addition to other expenditures au-
thorized by law, expenditures may be made from the agency operations account of the state
highway fund appropriated by this act for the fiscal year ending June 30, 1999, by the
department of transportation for the following purposes: (1) Salary bonus payments to per-
manent full-time or regular part-time employees of the state agency at the discretion of the
agency head, (2) purchase or other acquisition of technology equipment which was included
in the budget estimates for fiscal year 1999 submitted by the state agency pursuant to K.S.A.
75-3717 and amendments thereto, and (3) professional development training including of-
ficial hospitality: Provided, That all such expenditures from such fund for the fiscal year
1999 shall be in addition to any expenditure limitation imposed on the agency operations
account of the state highway fund for fiscal year 1999: Provided, however, That the total
amount of such expenditures from the agency operations account of the state highway fund
for fiscal year 1999 shall not exceed the amount equal to 50% of the unexpended portion
of the amount authorized to be expended from the agency operations account of the state
highway fund for fiscal year 1998 for agency operations, as determined by the director of
accounts and reports: Provided further, That the total gross amount of any such salary bonus
payments to any individual employee during fiscal year 1999 shall not exceed $1,000: And
provided further, That the provisions of this subsection shall apply only to: (1) That portion
of the moneys in the agency operations account of the state highway fund from which
expenditures may be made for agency operations, and (2) shall not include that portion of
moneys which may be expended for other operating expenses in the regular maintenance
subprogram.

(b) Any unencumbered balance in excess of $100 as of June 30, 1998, in any account
of any special revenue fund of the department of transportation, which was appropriated
by subsection (b) of section 106 of chapter 123 of the 1997 Session Laws of Kansas and
which is not otherwise specifically appropriated or limited by this or other appropriation act
of the 1998 regular session of the legislature, is hereby appropriated for the fiscal year ending
June 30, 1999, for the purposes authorized in subsection (a). All expenditures from any such
account of any such special revenue fund shall be in addition to any expenditure limitation
imposed on such special revenue fund for the fiscal year ending June 30, 1999. On July 1,
1998, each Kansas quality management account and each KQM expenditure account of any
special revenue fund reappropriated by this subsection (b) are hereby redesignated as Kansas
savings incentive accounts.

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

Sec. 161. Kansas savings incentive program. (a) In addition to other expenditures au-
thorized by law, expenditures may be made from any account of the state general fund
reappropriated by this act for the fiscal year ending June 30, 1999, for any state agency
named in this act for the following purposes: (1) Salary bonus payments to permanent
full-time or regular part-time employees of the state agency at the discretion of the agency
head, (2) purchase or other acquisition of technology equipment which was included in the
budget estimates for fiscal year 1999 submitted by the state agency pursuant to K.S.A. 75-
3717 and amendments thereto, and (3) professional development training including official
hospitality: Provided, however, That the total of all such expenditures from such account of
the state general fund for the fiscal year 1999 shall not exceed the amount equal to 50% of
the amount of the unencumbered balance as of June 30, 1998, in such account of the state
general fund that is reappropriated for fiscal year 1999 and that is in excess of the amount
authorized to be expended for fiscal year 1999 from such reappropriated balance, as deter-
mined by the director of accounts and reports: Provided further, That the total gross amount
of any such salary bonus payments to any individual employee during fiscal year 1999 that
are paid under subsection (b) or this subsection shall not exceed $1,000: And provided
further, That the provisions of this subsection shall apply only to that portion of any such
account from which expenditures may be made for state operations: And provided further,
That all such expenditures from the reappropriated balance in any such account for the
fiscal year 1999 shall be in addition to any expenditure limitation imposed on expenditures
from the reappropriated balance in any such account for fiscal year 1999.

(b) In addition to other expenditures authorized by law, expenditures may be made
from any special revenue fund appropriated by this act for the fiscal year ending June 30,
1999, for a state agency named in this act for the following purposes: (1) Salary bonus
payments to permanent full-time or regular part-time employees of the state agency at the
discretion of the agency head, (2) purchase or other acquisition of technology equipment
which was included in the budget estimates for fiscal year 1999 submitted by the state agency
pursuant to K.S.A. 75-3717 and amendments thereto, and (3) professional development
training including official hospitality: Provided, That all such expenditures from such fund
for the fiscal year 1999 shall be in addition to any expenditure limitation imposed on such
fund or any account thereof for fiscal year 1999: Provided, however, That the total amount
of such expenditures from such fund for fiscal year 1999 shall not exceed the amount equal
to 50% of the unexpended portion of the amount authorized to be expended from such fund
for fiscal year 1998 for state operations, as determined by the director of accounts and
reports, or, in the case of no limit appropriations, as determined by the director of the
budget: Provided further, That the total gross amount of any such salary bonus payments
to any individual employee during fiscal year 1999 that are paid under subsection (a) or this
subsection shall not exceed $1,000: And provided further, That the provisions of this sub-
section shall apply only to: (1) That portion of the moneys in each account of a special
revenue fund from which portion expenditures may be made for state operations, and (2)
that portion of the moneys in a special revenue fund, that does not have any such accounts
specified in this or other appropriation act, from which portion expenditures may be made
for state operations.

(c) (1) Any unencumbered balance in excess of $100 as of June 30, 1998, in any account
of the state general fund of any state agency named in this act, which was reappropriated
by subsection (c)(1) of section 107 of chapter 123 of the 1997 Session Laws of Kansas and
which is not otherwise specifically appropriated or limited by this or other appropriation act
of the 1998 regular session of the legislature, is hereby reappropriated for the fiscal year
ending June 30, 1999, and may be expended for the purposes authorized in subsections (a)
and (b).

(2) Any unencumbered balance in excess of $100 as of June 30, 1998, in any account
of any special revenue fund of any state agency named in this act, which was appropriated
by subsection (c)(2) of section 107 of chapter 123 of the 1997 Session Laws of Kansas and
which is not otherwise specifically appropriated or limited by this or other appropriation act
of the 1998 regular session of the legislature, is hereby appropriated for the fiscal year ending
June 30, 1999, and may be expended for the purposes authorized in subsections (a) and (b).
All expenditures from any such account of any such special revenue fund shall be in addition
to any expenditure limitation imposed on such special revenue fund for fiscal year 1999.

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

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

(e) The provisions of this section shall not apply to any state agency named in section
22 of chapter 123 of the 1997 Session Laws of Kansas or to the department of transportation.

Sec. 162. (a) No moneys appropriated for the fiscal year ending June 30, 1998, or the
fiscal year ending June 30, 1999, to the attorney general or to any other state agency shall
be expended for any contingency fee payments or any other compensation payments to any
law firm that entered into the engagement and contingency agreement with the attorney
general, pursuant to such engagement and contingency agreement, or for any activities or
operations of the attorney general or the office of the attorney general conducted or un-
dertaken for the implementation or administration of or for any other purpose regarding
such engagement and contingency agreement, except as specifically authorized and directed
by this act with respect to terminating such engagement and contingency agreement, nor
shall any other funds of any agency of the state government of Kansas be utilized for any
such purpose. It is the intent of this section to invoke and exercise the ``termination due to
lack of funding appropriation'' clause, contained in the contractual provisions attachment
form DA-146a, of the engagement and contingency agreement.

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

(c) As used in this section:

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

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

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

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

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

Sec. 163. (a) On or before October 1, 1998, each state agency named in this or any
other appropriation act of the 1998 regular session of the legislature shall submit a report
to the members of the legislative coordinating council, the chair, vice-chair and ranking
minority member of the committee on ways and means of the senate, the subcommittee
chair of the subcommittee of the committee on ways and means of the senate that is assigned
the state agency's budget for review, the chair, vice-chair and ranking minority member of
the committee on appropriations of the house of representatives, and the subcommittee
chair of the subcommittee of the committee on appropriations of the house of representa-
tives that is assigned the state agency's budget for review. Such report shall detail (1) any
special revenue fund receipts for the fiscal year ending June 30, 1998, which were in excess
of those amounts included in the budget for the fiscal year ending June 30, 1998, of the
state agency as approved by the legislature during 1998 regular session, (2) any federal
grants received by such agency which were not included in the budget for the fiscal year
ending June 30, 1998, of such state agency as approved by the legislature during 1998 regular
session, and (3) any moneys received by the state agency from nongovernmental sources
which were not included in the budget for the fiscal year ending June 30, 1998, of such
state agency as approved by the legislature during 1998 regular session.

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

Sec. 164. On July 1, 1998, K.S.A. 79-2964 is hereby amended to read as follows: 79-
2964. There is hereby created the county and city revenue sharing fund. All moneys trans-
ferred or credited to such fund under the provisions of this act or any other law shall be
allocated and distributed in the manner provided herein. The director of accounts and
reports in each year on July 15 and December 10, shall make transfers in equal amounts
which in the aggregate equal 3.5% of the total retail sales and compensating taxes credited
to the state general fund pursuant to articles 36 and 37 of chapter 79 of the Kansas Statutes
Annotated and acts amendatory thereof and supplemental thereto during the preceding
calendar year from the state general fund to the county and city revenue sharing fund,
except that: (a) The transfers on July 15 and December 10 of each year shall be in equal
amounts which in the aggregate equal 2.823% of such taxes credited to the state general
fund during the preceding calendar year; and (b) the amount of the transfer on each such
date during state fiscal year ~~1998~~ 1999 shall be equal to ~~101.75%~~ 102.4% of the amount
transferred on the same date during state fiscal year ~~1997~~ 1998. All such transfers are subject
to reduction under K.S.A. 75-6704 and amendments thereto. All transfers made in accord-
ance with the provisions of this section shall be considered to be demand transfers from the
state general fund.

Sec. 165. On July 1, 1998, K.S.A. 79-3425i is hereby amended to read as follows: 79-
3425i. On January 15 and July 15 of each year, the director of accounts and reports shall
transfer a sum equal to the total taxes collected under the provisions of K.S.A. 79-6a04 and
79-6a10, and amendments thereto, and credited to the state general fund during the six
months next preceding the date of transfer, from the state general fund to the special city
and county highway fund, created by K.S.A. 79-3425, and amendments thereto, except that:
(1) Such transfers are subject to reduction under K.S.A. 75-6704, and amendments thereto;
and (2) the amount of the transfer on each such date during state fiscal year ~~1998~~ 1999 shall
not exceed the amount equal to ~~101.75%~~ 102.4% of the amount transferred on the same
date during state fiscal year ~~1997~~ 1998. All transfers under this section shall be considered
to be demand transfers from the state general fund.

Sec. 166. On July 1, 1998, K.S.A. 79-34,147 is hereby amended to read as follows:
79-34,147. (a) On each January 1, April 1, July 1 and October 1, the secretary of revenue
shall certify to the director of accounts and reports the amount equal to 7.628% of the total
revenues received by the secretary from the taxes imposed under the Kansas retailers' sales
tax act and deposited in the state treasury and credited to the state general fund during the
preceding three calendar months.

(b) Upon receipt of each certification under subsection (a), the director of accounts and
reports shall transfer from the state general fund to the state highway fund an amount equal
to the amount so certified, on each January 1, April 1, July 1 and October 1, except that the
amount of the transfer on each such date during state fiscal year ~~1998~~ 1999 shall not exceed
the amount equal to ~~101.75%~~ 102.4% of the amount transferred on the same date during
state fiscal year ~~1997~~ 1998. All transfers made pursuant to this section are subject to reduc-
tion under K.S.A. 75-6704, and amendments thereto.

(c) All transfers made in accordance with the provisions of this section shall be consid-
ered to be demand transfers from the state general fund.

Sec. 167.

STATE FAIR BOARD (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:

State fair capital improvements fund

No limit

Grandstand renovation project fund

No limit

Grandstand cost of issuance fund

No limit

Grandstand principal and interest fund

No limit

Grandstand renovation reserve fund

No limit

Grandstand rebate fund

No limit

Grandstand renovation surplus fund

No limit

Grandstand contingency fund

No limit

SBSF--encampment building renovation fund

No limit

EDIF--encampment renovation fund

No limit

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

New commercial building

$848,000

Provided, That all expenditures by the above agency from the state budget stabilization fund
for fiscal year 1999 for the new commercial building shall be in addition to any expenditure
limitation imposed on the state budget stabilization fund for fiscal year 1999.

Sec. 168.

DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES (a) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 1999, for the capital improvement project or projects
specified as follows:

Rehabilitation and repair projects

$3,965,000

Provided, That the secretary of social and rehabilitation services is hereby authorized to
transfer moneys during fiscal year 1999 from the rehabilitation and repair projects account
to a rehabilitation and repair account for any institution, as defined by K.S.A. 76-12a01 or
76-12a18 and amendments thereto, for projects approved by the secretary of social and
rehabilitation services: Provided further, That expenditures also may be made from this
account during fiscal year 1999 for the purposes of rehabilitation and repair for facilities of
the department of social and rehabilitation services other than any institution, as defined by
K.S.A. 76-12a01 or 76-12a18 and amendments thereto.

(b) In addition to the purposes for which expenditures may be made by the above agency
from the other state fees fund for fiscal year 1999, expenditures may be made by the above
agency from the other state fees fund for fiscal year 1999 for the following capital improve-
ment project or projects, subject to the expenditure limitations prescribed therefor:

Area office rehabilitation and repair

$106,000

Provided, That expenditures from the area office rehabilitation and repair account shall be
in addition to any expenditure limitation imposed on the other state fees fund for fiscal year
1999.

Sec. 169.

KANSAS STATE SCHOOL FOR THE BLIND (a) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 1999, for the capital improvement project or projects
specified as follows:

Rehabilitation and repair projects

$289,654

Sec. 170.

KANSAS STATE SCHOOL FOR THE DEAF (a) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 1999, for the capital improvement project or projects
specified as follows:

Rehabilitation and repair projects

$374,078

Install air conditioning in Roth dormitories and Roberts academicbuilding

$154,735

Sec. 171.

DEPARTMENT OF CORRECTIONS (a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 1999, for the capital improvement project or projects specified as
follows:

Debt service payment for the revenue refunding bond issue

$6,802,000

Debt service payment for the Wichita work release facility bond issue

$163,000

Debt service payment for the Ellsworth correctional facility at Ellsworth,Kansas

$1,675,000

Debt service payment for the El Dorado correctional facility site utilitiesreplacement project

$1,258,000

Any unencumbered balance in each of the following accounts in excess of $100 as of June
30, 1998, is hereby reappropriated for fiscal year 1999: Capacity expansion planning.

(b) There is appropriated for the above agency from the correctional institutions build-
ing fund for the fiscal year or years specified, for the capital improvement project or projects
specified as follows:

Capital improvements--rehabilitation, remodeling, renovation and repairof correctional institutions
For the fiscal year ending June 30, 1998[cm$149,886[cm For the fiscal year ending June 30, 1999[cm$4,253,225

Provided, That the secretary of corrections is hereby authorized to transfer moneys during
fiscal year 1999 from the capital improvements--rehabilitation, remodeling, renovation and
repair of correctional institutions account of the correctional institutions building fund to
an account or accounts of the correctional institutions building fund of any institution or
facility under the jurisdiction of the secretary of corrections to be expended during fiscal
year 1999 by the institution or facility for capital improvement projects, including security
improvement projects and hazardous waste cleanup at Lansing correctional facility, ap-
proved by the secretary of corrections: Provided, however, That the aggregate of all transfers
from this account to an account or accounts of any institution under the jurisdiction of the
secretary of corrections to be expended in fiscal year 1998 and fiscal year 1999 for the
purposes of capacity expansion planning for planning for new reception and diagnostic unit
shall not exceed $87,630.

Debt service payment for the revenue refunding bond issue
For the fiscal year ending June 30, 1999

$500,000

(c) In addition to the other purposes for which expenditures may be made by the above
agency from the correctional industries fund for fiscal year 1999, expenditures may be made
by the above agency from the correctional industries fund for fiscal year 1999 for the fol-
lowing capital improvement project or projects, subject to the expenditure limitations pre-
scribed therefor:

Construct industries building at Lansing

$876,025

(d) On the effective date of this act, the appropriation of all moneys credited to and
available in the correctional facilities expansion projects revenue fund for the fiscal year
ending June 30, 1998, by section 45(g) of chapter 192 of the 1997 Session Laws of Kansas
for the capital improvements projects for expansion at Hutchinson correctional facility is
hereby lapsed and the correctional facilities expansion projects revenue fund established by
section 45(g) of chapter 192 of the 1997 Session Laws of Kansas is hereby abolished.

(e) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:

Violent offenders incarceration and truth in sentencing incentivegrants--federal fund

No limit

Ellsworth correctional facility--principal and interest fund--KDFA Bbonds

No limit

Lease revenue bond issue--principal and interest fund--J Bonds

No limit

Revenue refunding bond--principal and interest fund--KDFA Lbonds

No limit

Sec. 172.

STATE HISTORICAL SOCIETY (a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 1999, for the capital improvement project or projects specified as
follows:

Rehabilitation and repair projects

$334,573

(b) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:

EDIF first territorial capitol renovation project fund

$71,000

Provided, That no expenditures shall be made from the EDIF first territorial capitol reno-
vation project fund except upon approval of the state finance council acting on this matter
which is hereby characterized as a matter of legislative delegation and subject to the guide-
lines prescribed by subsection (c) of K.S.A. 75-3711c and amendments thereto: Provided,
however, That, if the secretary of the state historical society has entered into a signed
agreement with a responsible party that would transfer from the state the future daily op-
eration and maintenance of the first territorial capitol historical site, then the state finance
council shall approve expenditures from this fund for the first territorial capitol renovation
project.

EDIF--completion of historic sites

No limit

(c) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $100,000 from the Kansas economic development endow-
ment account of the state economic development initiatives fund of the department of
commerce and housing to the EDIF--completion of historic sites fund of the state historical
society.

Sec. 173.

INSURANCE DEPARTMENT (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

Insurance building principal and interest payment fund

No limit

Insurance department rehabilitation and repair fund

No limit

Sec. 174.

DEPARTMENT OF ADMINISTRATION (a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 1999, for the capital improvement project or projects specified as
follows:

Energy conservation improvements--debt service

$3,127,981

Paint and grounds shop--debt service

$14,864

Cedar Crest repair and renovation

380,400

Judicial center carpet replacement

$64,000

Judicial center rehabilitation and repair

$50,000

Rehabilitation and repair--statehouse and cedar crest

$25,000

Any unencumbered balance in excess of $100 as of June 30, 1998, in each of the following
capital improvement accounts is hereby reappropriated for fiscal year 1999: Rehabilitation
and repair--statehouse, judicial center and governor's residence; fire and safety alarms--
statehouse; planning for memorial hall renovation; roof repair at center section and ro-
tunda--statehouse; cedar crest repair and renovation; memorial hall bond anticipation note.

(b) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

Master lease program fund

No limit

State buildings depreciation fund

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

Statehouse grounds & facility improvements

$750,000

Provided, That all expenditures by the above agency from the state budget stabilization fund
for fiscal year 1999 for the statehouse grounds & facility improvements shall be in addition
to any expenditure limitation imposed on the state budget stabilization fund for fiscal year
1999.

(d) In addition to the other purposes for which expenditures may be made by the above
agency from the building and ground fund for fiscal year 1999, expenditures may be made
by the above agency from any unencumbered balance as of June 30, 1998, in each of the
following capital improvement accounts of the building and ground fund: Parking lot re-
habilitation and repair: Provided, That expenditures for fiscal year 1999 from the unencum-
bered balance in any such account shall not exceed the amount of the unencumbered bal-
ance in such account on June 30, 1998.

(e) In addition to the other purposes for which expenditures may be made by the above
agency from the state buildings depreciation fund for fiscal year 1999, expenditures may be
made by the above agency from the following capital improvement account or accounts of
the state buildings depreciation fund during fiscal year 1999 for the following capital im-
provement project or projects, subject to the expenditure limitations prescribed therefor:

Docking fire suppression system installation

$550,000

Landon fire suppression system installation

$450,000

Docking renovation--debt service

$171,100

Special maintenance repairs and improvements--state office buildings

$100,000

Provided, That all expenditures from each such capital improvement account shall be in
addition to any expenditure limitation imposed on the state buildings depreciation fund for
fiscal year 1999.

(f) In addition to the other purposes for which expenditures may be made by the above
agency from the state buildings depreciation fund for fiscal year 1999, expenditures may be
made by the above agency from the state buildings depreciation fund from the unencum-
bered balance as of June 30, 1998, in each capital improvement account of the state buildings
depreciation fund for one or more projects approved for prior fiscal years: Provided, That
expenditures from the unencumbered balance in any such account shall not exceed the
amount of the unencumbered balance in such account on June 30, 1998: Provided further,
That all expenditures from any such account shall be in addition to any expenditure limitation
imposed on the state buildings depreciation fund for fiscal year 1999.

(g) In addition to the other purposes for which expenditures may be made by the above
agency from the state buildings operating fund for fiscal year 1999, expenditures may be
made by the above agency from the following capital improvement account or accounts of
the state buildings operating fund during fiscal year 1999 for the following capital improve-
ment project or projects, subject to the expenditure limitations prescribed therefor:

Landon state office building--debt service

$1,319,058

Paint and grounds shop--debt service

$23,374

(h) In addition to the other purposes for which expenditures may be made by the above
agency from the motor pool service fund for fiscal year 1999, expenditures may be made
by the above agency from the following capital improvement account or accounts of the
motor pool service fund during fiscal year 1999 for the following capital improvement project
or projects, subject to the expenditure limitations prescribed therefor:

Motor pool shop--debt service

$61,308

Provided, That all expenditures by the above agency from the motor pool service fund for
fiscal year 1999 for motor pool shop--debt service shall be in addition to any expenditure
limitation imposed on the motor pool service fund for fiscal year 1999.

(i) In addition to the other purposes for which expenditures may be made from the
intragovernmental printing service fund for fiscal year 1999, expenditures may be made by
the above agency from the following capital improvement account or accounts of the intra-
governmental printing service fund during fiscal year 1999 for the following capital improve-
ment project or projects, subject to the expenditure limitations prescribed therefor:

Printing plant--debt service

$219,194

(j) In addition to the other purposes for which expenditures may be made by the above
agency from the state budget stabilization fund for the fiscal year 1998, expenditures may
be made by the above agency from the state budget stabilization fund for the fiscal year
1998, for the following specified purpose or purposes, subject to the expenditure limitations
prescribed therefor:

Statehouse elevators renovation

$347,000

Provided, That all expenditures from the state budget stabilization fund for the fiscal year
1998 for the statehouse elevators renovation shall be in addition to any expenditure limitation
imposed on the state budget stabilization fund for the fiscal year 1998.

(k) In addition to the other purposes for which expenditures may be made from the
state budget stabilization fund for fiscal year 1999, expenditures may be made by the above
agency from the state budget stabilization fund for fiscal year 1999 for the statehouse ele-
vators renovation project: Provided, That all expenditures from the state budget stabilization
fund for the fiscal year 1999 for the statehouse elevators renovation project shall be in
addition to any expenditure limitation imposed on the state budget stabilization fund for
the fiscal year 1999: Provided, however, That the aggregate of all expenditures from the
state budget stabilization fund for fiscal year 1998 and for fiscal year 1999 for such statehouse
elevators renovation project, shall not exceed $347,000.

Sec. 175.

DEPARTMENT OF COMMERCE AND HOUSING (a) In addition to the other purposes for which expenditures may be made from the
Kansas economic development endowment account of the state economic development
initiatives fund for fiscal year 1999, moneys may be expended by the above agency from the
Kansas economic development endowment account of the state economic development
initiatives fund during the fiscal year 1999 for the following capital improvement project or
projects, subject to the expenditure limitations prescribed therefor:

Rehabilitation and repair--travel information centers

$35,000

Provided, That all expenditures by the above agency from the rehabilitation and repair--
travel information centers subaccount of the Kansas economic development endowment
account of the state economic development initiatives fund for fiscal year 1999 shall be in
addition to any expenditure limitation imposed on the Kansas economic development en-
dowment account of the state economic development initiatives fund for fiscal year 1999.

(b) In addition to the other purposes for which expenditures may be made from the
Kansas economic development endowment account of the state economic development
initiatives fund, expenditures may be made from the construct Olathe travel information
center subaccount of the Kansas economic development endowment account of the state
economic development initiatives fund during the fiscal year ending June 30, 1999: Provided,
That such expenditures shall not exceed the amount of the unencumbered balance in such
subaccount on June 30, 1998: Provided further, That all expenditures from the unencum-
bered balance of any such subaccount shall be in addition to any expenditure limitation
imposed on the total expenditures from the Kansas economic development endowment
account of the state economic development initiatives fund for fiscal year 1999.

Sec. 176.

FORT HAYS STATE UNIVERSITY (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

Lewis field renovation--bond and interest sinking fund

No limit

Lewis field renovation--revenue fund

No limit

Sternberg museum gift fund

No limit

Sec. 177.

KANSAS STATE UNIVERSITY (a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 1999, for the capital improvement project or projects specified as
follows:

Lease payment--Salina aeronautical center (including aeronautical lab-oratory center)

$189,446

Student fee project reserve fund

No limit

Student fee bonds principal and interest fund

No limit

Provided, That expenditures may be made from the student fee bonds principal and interest
fund for debt service, financing costs and required reserves for the capital improvement
project to renovate Van Zile hall, Putnam hall and Boyd hall pursuant to section 17(e) of
chapter 25 of the 1989 Session Laws of Kansas.

Student fee bonds repair, equipment and improvement fund

No limit

Federal construction funds fund

No limit

Bond construction funds fund

No limit

Coliseum repair, equipment and improvement fund

No limit

Housing system project revenue fund

No limit

Housing system bond and interest sinking fund

No limit

Haymaker hall bond and interest sinking fund

No limit

Student union annex I bond and interest sinking fund

No limit

Jardine terrace III bond and interest sinking fund

No limit

Housing facilities renovation bond fund, KDFA D bonds, 1989

No limit

Parking system refunding revenue bond fund, KDFA G bonds, 1995

No limit

Housing system bond fund, KDFA H bonds, 1993

No limit

Farrell library renovation/expansion--gifts/donations fund

No limit

Plan/construct/equip Farrell library renovation/expansion fund

No limit

Farrell library expansion revenue bond fund, KDFA K bonds, 1995

No limit

Recreation complex revenue bond fund, KDFA D bonds, 1993

No limit

Plant science building phase II--special revenue fund

No limit

Site improvements fund

No limit

College center construction fund

No limit

Bluemont hall defects repair fund

No limit

Engineering complex phase II private gift fund

No limit

Student recreation building repair, equipment & improvement fund

No limit

Coliseum/stadium parking repair & improvement fund

No limit

Energy conservation projects fund

No limit

Student recreational building bond and interest sinking fund

No limit

Student union renovation and expansion fund

No limit

Provided, That Kansas state university may make expenditures from the student union ren-
ovation and expansion fund for the capital improvement project to renovate and expand the
student union in an amount of not more than $11,500,000, plus all amounts required for
cost of bond issuance, cost of interest on the bonds during the construction of the project
and required reserves for the payment of principal and interest on the bonds: Provided
further, That such capital improvement project is hereby approved for Kansas state univer-
sity for the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the
authorization of the issuance of bonds by the Kansas development finance authority in
accordance with that statute: And provided further, That all moneys received from the
issuance of any such bonds shall be deposited in the state treasury to the credit of this fund.

Student coliseum bond fee fund

No limit

Ackert hall addition--federal fund

No limit

Ackert hall addition--gifts and grants fund

No limit

Student and staff parking garage--special revenue fund

No limit

Provided, That Kansas state university may make expenditures from the student and staff
parking garage--special revenue fund for the capital improvement project to construct a
parking garage in addition to the expenditure of other moneys appropriated therefor: Pro-
vided, however, That expenditures from this fund for such capital improvement project shall
not exceed $10,500,000 plus all amounts required for costs of any bond issuance, costs of
interest on any bond issued or obtained for such capital improvement project and any
required reserves for payment of principal and interest on any bond: Provided further, That
such capital improvement project is hereby approved for Kansas state university for the
purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization
of the issuance of bonds by the Kansas development finance authority in accordance with
that statute: And provided further, That all moneys received from the issuance of any such
bonds shall be deposited in the state treasury to the credit of this fund.

Football stadium expansion--special revenue fund

No limit

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

(c) On or before July 10, 1998, and on or before the 10th day of each month thereafter
during fiscal year 1999, the director of accounts and reports shall transfer from the state
general fund to the student coliseum bond fee fund interest earnings based on: (1) The
average daily balance of moneys in the student coliseum bond fee fund for the preceding
month, and (2) the net earnings rate of the pooled money investment portfolio for the
preceding month.

(d) In addition to the other purposes for which expenditures may be made by the above
agency from the restricted fees fund for the fiscal year ending June 30, 1999, expenditures
may be made by the above agency from the appropriate account or accounts of the restricted
fees fund during fiscal year 1999 for the following capital improvement project or projects,
subject to the expenditure limitations prescribed therefor:

Biological and agricultural engineering research storage building

No limit

Konza prairie preserve storage building

No limit

Construct materials acoustics laboratory

No limit

(e) In addition to the other purposes for which expenditures may be made by the above
agency from the student union renovation and expansion fund for the fiscal year ending
June 30, 1999, expenditures may be made by the above agency from the student union
renovation and expansion fund during fiscal year 1999 for costs associated with roof repair
on an existing portion of the student union building.

(f) In addition to the other purposes for which expenditures may be made by the above
agency from the sponsored research overhead fund for the fiscal year ending June 30, 1999,
expenditures may be made by the above agency from the sponsored research overhead fund
for the following capital improvement project or projects, subject to the expenditure limi-
tations prescribed therefor:

Accelerated testing laboratory garage addition

No limit

Accelerated testing laboratory storage/equipment shed

No limit

Salina national gas machinery laboratory

No limit

(g) During the fiscal year ending June 30, 1999, Kansas state university is hereby au-
thorized to make expenditures to raze Dennison hall.

(h) On July 1, 1998, any unencumbered balance in each of the following accounts of
the Kansas educational building fund is hereby lapsed: Handicapped accessibility improve-
ments.

(i) During the fiscal year ending June 30, 1999, Kansas state university is hereby au-
thorized to make expenditures to raze portions of building no. 025 (Seaton hall).

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

Football stadium expansion--special revenue fund

No limit

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

Sec. 178.

KANSAS STATE UNIVERSITY EXTENSION SYSTEMS AND AGRICULTURE RESEARCH PROGRAMS (a) In addition to the other purposes for which expenditures may be made by the above
agency from the restricted fees fund for the fiscal year ending June 30, 1999, expenditures
may be made by the above agency from the appropriate account or accounts of the restricted
fees fund during fiscal year 1999 for the following capital improvement project or projects:

Equipment/pesticide storage building

No limit

Renovate laboratories in Throckmorton hall

No limit

Warehouse expansion--department of agronomy building

No limit

Scandia experiment field office facility

No limit

Equipment/pesticide storage buildings

No limit

Southwest research extension center office/administrative facility

No limit

Southeast agriculture research center buildings

No limit

South central agronomy experiment field office and storage building

No limit

Improvements to grain science value added laboratory

No limit

(b) During the fiscal years ending June 30, 1998, and June 30, 1999, Kansas state uni-
versity extension systems and agriculture research programs is hereby authorized to make
expenditures to raze the barn, building number 882, two residences, buildings numbered
851 and 853, and two garages, buildings numbered 852 and 853a at the Hays agricultural
research center.

(c) In addition to the other purposes for which expenditures may be made by the above
agency from the sponsored overhead research fund for the fiscal year ending June 30, 1999,
expenditures may be made by the above agency from the sponsored research overhead fund
for the following capital improvement project or projects, subject to the expenditure limi-
tations prescribed therefor:

Southeast agriculture research center buildings

No limit

Sec. 179.

KANSAS STATE UNIVERSITY VETERINARY MEDICAL CENTER (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:

Greyhound research facility expansion fund

No limit

Energy conservation projects fund

No limit

Sec. 180.

EMPORIA STATE UNIVERSITY (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

Student union refurbishing fund

No limit

Bond construction funds fund

No limit

Student union addition bond and interest sinking fund

No limit

Twin towers project revenue fund

No limit

Twin towers bond and interest sinking fund

No limit

Twin towers maintenance and equipment reserve fund

No limit

Sec. 181.

PITTSBURG STATE UNIVERSITY (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

1962 dormitory and student apartments sinking fund

No limit

1962 dormitory and student apartments revenue fund

No limit

1962 dormitory and student apartment repair and replacement fund

No limit

Horace Mann construction fund

No limit

Provided, That Pittsburg state university may make expenditures from the Horace Mann
construction fund for the renovation of the Horace Mann building: Provided further, That
the capital improvement project to renovate the Horace Mann building is hereby approved
for Pittsburg state university for the purposes of subsection (b) of K.S.A. 74-8905 and
amendments thereto and the authorization of the issuance of bonds by the Kansas devel-
opment finance authority in accordance with that statute: And provided further, That the
above agency is authorized to expend moneys in fiscal years 1998 and 1999 from restricted
fee fund sources for up-front project expenses that will be reimbursed from subsequent
project bonds proceeds: And provided further, That all moneys received from the issuance
of any such project bonds shall be deposited to the credit of this fund.

Willard hall construction fund

No limit

Provided, That Pittsburg state university may make expenditures from the Willard hall con-
struction fund for the renovation of Willard hall: Provided further, That the capital improve-
ment project to renovate Willard hall is hereby approved for Pittsburg state university for
the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the author-
ization of the issuance of bonds by the Kansas development finance authority in accordance
with that statute: And provided further, That the above agency is authorized to expend
moneys in fiscal years 1998 and 1999 from the housing system operations fund for up-front
project expenses that will be reimbursed from subsequent project bond proceeds: And
provided further, That all moneys received from the issuance of any such project bonds
shall be deposited to the credit of this fund.

Married student housing and men's dormitory--bond and interest sinkingfund

No limit

Married student housing and men's dormitory project revenue fund

No limit

Married student housing and men's dormitory repair and replacementfund

No limit

Suspense fund

No limit

Kansas technology center federal fund

No limit

Kansas technology center gifts and donations fund

No limit

Jack C. Overman student center renovation fund

No limit

(b) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer amounts specified by the president of Pittsburg state university from the Hor-
ace Mann construction fund to the appropriate accounts of the restricted fees fund to
reimburse the restricted fees fund for upfront project expenses of the capital improvement
project for the renovation of the Horace Mann building financed from the restricted fees
fund during fiscal years 1997, 1998 and 1999.

(c) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer amounts specified by the president of Pittsburg state university from the Wil-
lard hall construction fund to the housing system operations fund to reimburse the housing
system operations fund for up-front project expenses of the capital improvement project for
the renovation of Willard hall financed from the housing system operations fund during
fiscal years 1997, 1998 and 1999.

Sec. 182.

UNIVERSITY OF KANSAS (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

Student union renovation revenue fund

No limit

Student health facility maintenance, repair, and equipment fee fund

No limit

Parking facilities surplus fund--KDFA G bonds, 1993

No limit

Regents center revenue fund--KDFA D bonds, 1990

No limit

Regents center bond reserve fund--KDFA D bonds, 1990

No limit

Regents center surplus fund

No limit

Regents center rebate fund

No limit

Regents center revenue refund project principal and interest--KDFA Cbonds, 1997

No limit

Student union renovation rebate fund (phase I)

No limit

Student union renovation principal and interest--KDFA C bonds,1992

No limit

Student union renovation bond reserve--KDFA C bonds, 1992

No limit

Student union renovation surplus fund--KDFA C bonds, 1992

No limit

Student union renovation rebate fund--KDFA C bonds, 1992

No limit

Bioscience research center rebate fund--KDFA series Q bonds, 1992

No limit

Bioscience research center project account--KDFA A bonds, 1994fund

No limit

Bioscience research center principal and interest payment account--KDFA A bonds, 1994 fund

No limit

Bioscience research center reserve account--KDFA A bonds, 1994fund

No limit

Bioscience research center rebate account--KDFA A bonds, 1994fund

No limit

Parking facilities refunding bonds principal and interest fund--KDFA Gbonds, 1993

No limit

Parking facilities refunding bonds reserve fund--KDFA G bonds,1993

No limit

Parking facilities refunding bonds rebate fund--KDFA G bonds, 1993

No limit

Student health facility addition revenue fund

No limit

Biosciences research center--special revenue fund

No limit

Provided, That all gifts and grants received for the capital improvement project to construct
and equip a biosciences research center, other than those received from the federal gov-
ernment for such capital improvement project, shall be deposited in the state treasury to
the credit of the biosciences research center--special revenue fund: Provided further, That
the above agency may transfer moneys during fiscal year 1999 from the sponsored research
overhead fund and from appropriate accounts of the restricted fees fund to this fund for
such capital improvement project or for debt service for such capital improvement project:
And provided further, That all transfers of moneys for fiscal year 1999 from the sponsored
research overhead fund to this fund shall be in addition to any expenditure limitation im-
posed on the sponsored research overhead fund for fiscal year 1999: And provided further,
That such capital improvement project is hereby approved for the university of Kansas for
the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the author-
ization of the issuance of bonds by the Kansas development finance authority in accordance
with that statute: And provided further, That all moneys received from the issuance of any
such bonds shall be deposited in the state treasury to the credit of this fund.

Law enforcement training center improvements special revenue fund

No limit

Provided, That the university of Kansas may make expenditures from the law enforcement
training center improvements special revenue fund for a capital improvement project for
planning and construction--phase II--for law enforcement training center improvements:
Provided, however, That expenditures from this fund for such capital improvement project
shall not exceed $5,436,000: Provided further, That the above agency may transfer moneys
for fiscal year 1999 from the law enforcement training center fund to this fund for such
capital improvement project: And provided further, That all transfers of moneys for fiscal
year 1999 from the law enforcement training center fund to this fund shall be in addition
to any expenditure limitation imposed on the law enforcement training center fund for fiscal
year 1999.

Sunflower research landfill remediation fund

No limit

SBSF--Plan, construct, reconstruct and equip Hoch auditorium fund

No limit

Renovate Lewis hall--special revenue fund

No limit

Provided, That the university of Kansas may make expenditures from the renovate Lewis
hall--special revenue fund for the capital improvement project to renovate the Lewis hall
building in addition to the expenditure of other moneys appropriated therefor: Provided,
however, That expenditures from this fund for such capital improvement project shall not
exceed $5,915,000 plus all amounts required for costs of any bond issuance, costs of interest
on any bond issued or obtained for such capital improvement project and any required
reserves for payment of principal and interest on any bond: And provided further, That the
above agency may transfer moneys for fiscal year 1999 from appropriate accounts of the
housing system operations fund to this fund for such capital improvement project or for
debt service for such capital improvement project: And provided further, That such capital
improvement project is hereby approved for the university of Kansas for the purposes of
subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization of the
issuance of bonds by the Kansas development finance authority in accordance with that
statute: And provided further, That all moneys received from the issuance of any such bonds
shall be deposited in the state treasury to the credit of this fund.

Regents center principal and interest payment account KDFA D bonds,1990 fund

No limit

Energy conservation revenue bond KDFA A bonds, 1996 fund

No limit

Templin hall renovation principal and interest payment account KDFAE bonds, 1996 fund

No limit

Templin hall renovation bond proceeds project account KDFA E bonds,1996 fund

No limit

Templin hall renovation university proceeds project account KDFA Ebonds, 1996 fund

No limit

Templin hall renovation bond reserve KDFA E bonds, 1996 fund

No limit

Watkins health center addition principal and interest payment accountKDFA D bonds, 1995 fund

No limit

Watkins health center addition project account KDFA D bonds, 1995fund

No limit

Watkins health center addition university proceeds project accountKDFA D bonds, 1995 fund

No limit

Watkins health center addition cost of issuance KDFA D bonds, 1995fund

No limit

Watkins health center addition bond reserve KDFA D bonds, 1995fund

No limit

Regents R&R project KDFA K bonds, 1996 fund

No limit

Construct parking garage no. 2--special revenue fund

No limit

Provided, That the university of Kansas may make expenditures from the construct parking
garage no. 2--special revenue fund for the capital improvement project to construct a
parking garage in addition to the expenditure of other moneys appropriated therefor: Pro-
vided, however, That expenditures from this fund for such capital improvement project shall
not exceed $10,025,000 plus all amounts required for costs of any bond issuance, costs of
interest on any bond issued or obtained for such capital improvement project and any
required reserves for payment of principal and interest on any bond: Provided further, That
such capital improvement project is hereby approved for the university of Kansas for the
purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization
of the issuance of bonds by the Kansas development finance authority in accordance with
that statute: And provided further, That all moneys received from the issuance of any such
bonds shall be deposited in the state treasury to the credit of this fund.

Edwards campus facility expansion--special revenue fund

No limit

Provided, That the university of Kansas may make expenditures from the Edwards campus
facility expansion--special revenue fund for the capital improvement project to expand
facilities on the Edwards campus in addition to the expenditure of other moneys appropri-
ated therefor: Provided, however, That expenditures from this fund for such capital im-
provement project shall not exceed $13,230,000 plus all amounts required for costs of any
bond issuance, costs of interest on any bond issued or obtained for such capital improvement
project and any required reserves for payment of principal and interest on any bond: Pro-
vided further, That such capital improvement project is hereby approved for the university
of Kansas for the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto
and the authorization of the issuance of bonds by the Kansas development finance authority
in accordance with that statute: And provided further, That all moneys received from the
issuance of any such bonds shall be deposited in the state treasury to the credit of this fund.

Construct child care facility--special revenue fund

No limit

Provided, That the university of Kansas may make expenditures from the construct child
care facility--special revenue fund for the capital improvement project to construct a child
care facility in addition to the expenditure of other moneys appropriated therefor: Provided,
however, That expenditures from this fund for such capital improvement project shall not
exceed $4,470,000 plus all amounts required for costs of any bond issuance, costs of interest
on any bond issued or obtained for such capital improvement project and any required
reserves for payment of principal and interest on any bond: Provided further, That such
capital improvement project is hereby approved for the university of Kansas for the purposes
of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization of the
issuance of bonds by the Kansas development finance authority in accordance with that
statute: And provided further, That all moneys received from the issuance of any such bonds
shall be deposited in the state treasury to the credit of this fund.

Athletic facilities enhancements--special revenue fund

No limit

Provided, That the university of Kansas may make expenditures from the athletic facilities
enhancements--special revenue fund for the capital improvement project to renovate ath-
letic facilities in addition to the expenditure of other moneys appropriated therefor: Pro-
vided, however, That expenditures from this fund for such capital improvement project shall
not exceed $32,391,210 plus all amounts required for costs of any bond issuance, costs of
interest on any bond issued or obtained for such capital improvement project and any
required reserves for payment of principal and interest on any bond: Provided further, That
such capital improvement project is hereby approved for the university of Kansas for the
purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization
of the issuance of bonds by the Kansas development finance authority in accordance with
that statute: And provided further, That all moneys received from the issuance of any such
bonds shall be deposited in the state treasury to the credit of this fund.

Budig hall completion fund

No limit

Provided, That during the fiscal year ending June 30, 1999, the director of accounts and
reports shall transfer amounts specified by the chancellor of the university of Kansas from
moneys available to the above agency in special revenue funds for fiscal year 1999, including
the general fees fund, tuition accountability fund, sponsored research overhead fund and
various moneys within the restricted fees fund, including grants, gifts, contracts and fees to
the Budig hall completion fund: Provided, however, That no expenditures shall be made
from this fund until the preliminary plans and program statement for the Budig hall com-
pletion project have been reviewed by the joint committee on state building construction.

Continuing education program building acquisition--special revenuefund

No limit

Provided, That the university of Kansas may make expenditures from the continuing edu-
cation program building acquisition--special revenue fund to acquire the real property
located at 1515 St. Andrews Drive in Lawrence, Kansas, in addition to the expenditure of
other moneys appropriated therefor: Provided, however, That expenditures from this fund
for such capital improvement project shall not exceed $2,000,000 plus all amounts required
for costs of any such bond issuance, costs of interest on any bonds issued or obtained for
such capital improvement projects and any required reserves for payment of principal and
interest on any bond: Provided further, That such capital improvement project is hereby
approved for the university of Kansas for the purposes of subsection (b) of K.S.A. 74-8905
and amendments thereto and the authorization of the issuance of bonds by the Kansas
development finance authority in accordance with that statute: And provided further, That
all moneys received from the issuance of any such bonds shall be deposited in the state
treasury to the credit of this fund.

Dole institute gift or grant fund

No limit

(b) During the fiscal year ending June 30, 1999, the university of Kansas is hereby
authorized to make expenditures to raze the jayhawker towers parking garage.

(c) During the fiscal year ending June 30, 1999, the university of Kansas is hereby
authorized to make expenditures to raze building #17 annex.

(d) On July 1, 1998, any unencumbered balance in each of the following accounts of
the Kansas educational building fund is hereby lapsed: Decommission nuclear reactor; utility
systems analysis and upgrade; construct addition to Dyche hall.

(e) In addition to the other purposes for which expenditures may be made from the
above agency from the continuing education programs account of the restricted fees fund
for the fiscal year ending June 30, 1999, as authorized by this act or by any other appro-
priation act of the 1998 regular session of the legislature, expenditures may be made by the
above agency from the continuing education programs account of the restricted fees fund
for fiscal year 1999 for the acquisition of the real property located at 1515 St. Andrews
Drive in Lawrence, Kansas.

(f) In addition to the other purposes for which expenditures may be made from the
above agency from the operating expenditures (including official hospitality) account of the
state general fund for the fiscal year ending June 30, 1999, as authorized by this act or by
any other appropriation act of the 1998 regular session of the legislature, expenditures may
be made by the above agency from the operating expenditures (including official hospitality)
account of the state general fund for fiscal year 1999 for the acquisition of Erma B.Smith
Hall which is located on the campus in Lawrence, Kansas, in accordance with a payment
schedule prescribing payments over a period of not more than 20 years under a contract
for purchase of the Erma B.Smith Hall, which contract is hereby authorized to be entered
into by the above agency and which contract and payments are subject to appropriations
therefor.

(g) In addition to the other purposes for which expenditures may be made from the
above agency from the restricted fees fund for the fiscal year ending June 30, 1999, as
authorized by this act or by any other appropriation act of the 1998 regular session of the
legislature, expenditures may be made by the above agency from the appropriate account
or accounts of the restricted fees fund for fiscal year 1999 for the acquisition of 2.31 acres
of land near DeSoto, Kansas.

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

Dole institute of public service and public policy

$3,000,000

Provided, That all expenditures by the above agency from the state budget stabilization fund
for fiscal year 1999 for the Dole institute of public service and public policy shall be in
addition to any expenditure limitation imposed on the state budget stabilization fund for
fiscal year 1999.

Sec. 183.

UNIVERSITY OF KANSAS MEDICAL CENTER (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

Parking facility KDFA principal and interest fund

No limit

Parking facility KDFA bond reserve fund

No limit

Parking facility KDFA surplus fund

No limit

Medical library bond and interest sinking fund

No limit

Parking facility revenue fund

No limit

Parking facility bond and interest sinking fund

No limit

Parking facility refunding interest and sinking fund

No limit

Parking facility rebate fund--KDFA F bonds--1988

No limit

Parking facility refunding repair and construction fund

No limit

Cancer center project fund KDFA J bonds--1992

No limit

Biomedical research building principal and interest sinking fund

No limit

Rehabilitation and repair projects for institutions of higher educationfund

No limit

1985 parking facility refund revenue bond--repair and constructionfund

No limit

Regents R&R project KDFA K bonds, 1996 fund

No limit

Construct and equip research building fund

No limit

Construct and equip center for health in aging fund

No limit

Provided, That the university of Kansas medical center may make expenditures from the
construct and equip center for health in aging fund for the capital improvement project to
construct the center for health in aging in addition to the expenditure of other moneys
appropriated therefor: Provided, however, That expenditures from this fund for such capital
improvement project shall not exceed $8,000,000 plus all amounts required for costs of any
bond issuance, costs of interest on any bond issued or obtained for such capital improvement
project and any required reserves for payment of principal and interest on any bond: Pro-
vided further, That the above agency may transfer moneys for fiscal year 1999 from appro-
priate accounts of the sponsored research overhead fund to this fund for such capital im-
provement project or for debt service for such capital improvement project: And provided
further, That such capital improvement project is hereby approved for the university of
Kansas medical center for the purposes of subsection (b) of K.S.A. 74-8905 and amendments
thereto and the authorization of the issuance of bonds by the Kansas development finance
authority in accordance with that statute: And provided further, That all moneys received
from the issuance of any such bonds shall be deposited in the state treasury to the credit of
this fund.

Construct and equip research support facility fund

No limit

Provided, That the university of Kansas medical center may make expenditures from the
construct and equip research support facility fund for the capital improvement project to
construct an addition to the research support facility in addition to the expenditure of other
moneys appropriated therefor: Provided, however, That expenditures from this fund for
such capital improvement project shall not exceed $3,250,000 plus all amounts required for
costs of any bond issuance, costs of interest on any bond issued or obtained for such capital
improvement project and any required reserves for payment of principal and interest on
any bond: Provided further, That the above agency may transfer moneys for fiscal year 1999
from appropriate accounts of the sponsored research overhead fund to this fund for such
capital improvement project or for debt service for such capital improvement project: And
provided further, That such capital improvement project is hereby approved for the uni-
versity of Kansas medical center for the purposes of subsection (b) of K.S.A. 74-8905 and
amendments thereto and the authorization of the issuance of bonds by the Kansas devel-
opment finance authority in accordance with that statute: And provided further, That all
moneys received from the issuance of any such bonds shall be deposited in the state treasury
to the credit of this fund.

(b) During the fiscal year ending June 30, 1999, the director of accounts and reports
shall transfer amounts certified by the chancellor of the university of Kansas from the spon-
sored research overhead fund to the biomedical research principal and interest sinking fund.

(c) During the fiscal year ending June 30, 1999, the university of Kansas medical center
is hereby authorized to make expenditures to raze portions of building no. 13 (the Eleanor
Taylor administration building).

(d) During the fiscal year ending June 30, 1999, the university of Kansas medical center
is hereby authorized to make expenditures to raze building no. 4 (Hinch hall).

(e) On July 1, 1998, any unencumbered balance in each of the following accounts of
the Kansas educational building fund is hereby lapsed: Ventilating and air conditioning
repairs to Bell memorial hospital--phase III.

Sec. 184.

WICHITA STATE UNIVERSITY (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

On-campus parking construction and maintenance fund

No limit

Sec. 185.

DEPARTMENT OF HUMAN RESOURCES (a) In addition to the other purposes for which expenditures may be made by the above
agency from the employment security administration fund for fiscal year 1998, and in ad-
dition to capital improvement projects authorized by section 19 of chapter 150 of the 1997
Session Laws of Kansas, expenditures may be made by the above agency from the employ-
ment security administration fund for fiscal year 1998 for capital improvement projects:
Provided, That such expenditures from this fund for capital improvement projects shall be
made only for the following capital improvement purposes: (1) Renovating the Wichita office
into a phone center operation, and (2) creating additional parking for the main office of the
department of human resources located at 401 Topeka Ave, Topeka, Kansas: Provided fur-
ther, That expenditures from this fund for fiscal year 1998 for capital improvement projects
for such capital improvement purposes shall not exceed $244,000: And provided further,
That all expenditures from this fund for capital improvement projects for such capital im-
provement purposes shall be in addition to any expenditure limitation imposed on the em-
ployment security administration fund for fiscal year 1998.

(b) In addition to the other purposes for which expenditures may be made by the above
agency from the employment security administration fund for fiscal year 1999, expenditures
may be made by the above agency from the employment security administration fund from
moneys made available to the state under section 903 of the federal social security act, as
amended, during fiscal year 1999: Provided, That expenditures from this fund during fiscal
year 1999 of moneys made available to the state under section 903 of the federal social
security act, as amended, shall be made only for the following capital improvement purposes:
(1) For major maintenance of existing buildings used by the department of human resources
for employment security purposes; (2) for paving, landscaping and acquiring fixed equip-
ment as may be required for the use and operation of such buildings; (3) for the purposes
of purchasing real property adjoining or near the main office of the department of human
resources located at 401 Topeka Avenue, Topeka, Kansas, for parking lot expansion for such
office; or (4) for any combination of these purposes: Provided further, That expenditures
from this fund during fiscal year 1999 of moneys made available to the state under section
903 of the federal social security act, as amended, for such capital improvement purposes
shall not exceed $123,500 plus the amounts of unencumbered balances as of June 30, 1998,
for capital improvement projects approved for fiscal years prior to fiscal year 1999: And
provided further, That all expenditures from this fund for any such capital improvement
purposes or projects shall be in addition to any expenditure limitation imposed on the
employment security administration fund for fiscal year 1999.

Sec. 186.

KANSAS COMMISSION ON VETERANS AFFAIRS (a) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 1998, for the capital improvement project as follows:

Power plant construction

$80,065

(b) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 1999, for the capital improvement project or projects
specified as follows:

Repair and rehabilitation projects

$110,000

Halsey hall remodeling

$200,000

Provided, That no expenditures shall be made from the Halsey hall remodeling account to
construct an enclosed smoking area at Halsey hall.

(c) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

Veterans' home federal construction grant fund

Provided, That all moneys received by the above agency as federal grants for the purposes
of construction and remodeling at the Kansas veterans' home, which grants are hereby
authorized to be applied for and received by the above agency, shall be deposited in the
state treasury to the credit of the Veterans' home federal construction grant fund.

Sec. 187.

ATTORNEY GENERAL--KANSAS BUREAU OF INVESTIGATION (a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 1998, for the capital improvement project or projects specified as
follows:

Rehabilitation and repair--headquarters building

$25,000

(b) There is hereby appropriated for the above agency from the state general fund for
the fiscal year ending June 30, 1999, for the capital improvement project or projects spec-
ified as follows:

Rehabilitation and repair--headquarters building

$15,000

Provided, That any unencumbered balance in the rehabilitation and repair--headquarters
building account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal
year 1999.

Debt service principal payment--headquarters building

$165,000

Sec. 188.

KANSAS HIGHWAY PATROL (a) In addition to the other purposes for which expenditures may be made from the
highway patrol training center fund for fiscal year 1999, expenditures may be made by the
above agency from the highway patrol training center fund for fiscal year 1998 to make debt
service payments for the Kansas highway patrol training center at Salina for the bonds issued
for such project pursuant to subsection (b) of section 6 of chapter 326 of the 1992 Session
Laws of Kansas.

(b) In addition to the other purposes for which expenditures may be made from the
highway patrol training center fund for fiscal year 1999, expenditures may be made by the
above agency from the highway patrol training center fund for fiscal year 1999 for the
following capital improvement project or projects, subject to the expenditure limitation
prescribed therefor:

Training center--remodeling, rehabilitation and repair projects

$50,000

Provided, That all expenditures from each such capital improvement account shall be in
addition to any expenditure limitation imposed on the highway patrol training center fund
for fiscal year 1999.

(c) In addition to other purposes for which expenditures may be made by the above
agency from the motor carrier inspection fund for fiscal year 1999, expenditures may be
made by the above agency from the motor carrier inspection fund during fiscal year 1999
for the following capital improvement project or projects, subject to the expenditure limi-
tations prescribed therefor:

Remodeling, rehabilitation and repair projects

$50,000

Replacement of scales

$91,138

Provided, That all expenditures from each such capital improvement account shall be in
addition to any expenditure limitation imposed on the motor carrier inspection fund for
fiscal year 1999.

(d) In addition to the other purposes for which expenditures may be made by the above
agency from the motor carrier inspection fund for fiscal year 1999, expenditures may be
made by the above agency from the unencumbered balance as of June 30, 1998, in each of
the following capital improvement accounts of the motor carrier inspection fund for fiscal
year 1999: Replacement of Caney Trailer: Provided, That expenditures for fiscal year 1999
from the unencumbered balance in any such account shall not exceed the unencumbered
balance in such account on June 30, 1998: Provided further, That all expenditures for fiscal
year 1999 from the unencumbered balance in any such account shall be in addition to any
expenditure limitation imposed on the motor carrier inspection fund for fiscal year 1999.

Sec. 189.

ADJUTANT GENERAL (a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 1999, for the capital improvement project or projects specified as
follows:

Armory roofing projects

$589,790

(b) Any unencumbered balance in excess of $100 as of June 30, 1998, in each of the
following capital improvement accounts of the state general fund is hereby reappropriated
for fiscal year 1999: Rehabilitation and repair projects.

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

Iola armory additions

$333,848

Provided, That all expenditures by the above agency from the state budget stabilization fund
for fiscal year 1999 for the Iola armory addition shall be in addition to any expenditure
limitation imposed on the state budget stabilization fund for fiscal year 1999: Provided,
however, That no expenditures may be made from the Iola armory addition account of the
state budget stabilization fund until the adjutant general certifies to the director of accounts
and reports that (1) an amount of not less than $1,569,243 has been received from the
federal government specifically for the construction of the Iola armory addition and (2) an
amount of not less than $209,232 has been received from local government sources specif-
ically for the construction of the Iola armory addition.

Sec. 190.

DEPARTMENT OF WILDLIFE AND PARKS (a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 1999, for the capital improvement project or projects specified as
follows:

Handicapped accessibility renovation

$28,037

Provided, That any unencumbered balance in the handicapped accessibility renovation ac-
count in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999.

Any unencumbered balance in excess of $100 as of June 30, 1998, in each of the following
capital improvement accounts of the state general fund is hereby reappropriated for fiscal
year 1999: Prairie Spirit rails-to-trails project; flood damage repair; rehabilitation and re-
pair.

Matching grant for development of wetlands project at Milfordreservoir

$361,512

Provided, That expenditures from this account may be made by the secretary of wildlife and
parks upon verification by the chairperson of WILDSCAPE that federal funds are available
from the U.S. army corps of engineers for development of the Milford wetlands: Provided,
however, That funds provided by the Kansas department of wildlife and parks to WILD-
SCAPE shall not be used to finance the administrative costs of WILDSCAPE.

(b) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 1999, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

Department access road fund

No limit

Bridge maintenance fund

No limit

Migratory waterfowl propagation and protection fund

$100,000

Renovation of Cheyenne bottoms--federal fund

No limit

Bureau of reclamation federal flood aid fund

No limit

Cheyenne bottoms project gift fund

No limit

Rails-to-trails federal fund

No limit

Economic development initiatives grant fund

No limit

Provided, That, in addition to the other purposes for which expenditures may be made by
the above agency from the economic development initiatives grant fund for fiscal year 1999,
expenditures may be made by the above agency for fiscal year 1999 from the unencumbered
balance as of June 30, 1998, in each of the following capital improvement accounts of the
economic development initiatives grant fund: Prairie Spirit rails-to-trails project: Provided,
however, That expenditures from the unencumbered balance of any such account shall not
exceed the unencumbered balance in such account on June 30, 1998.

(c) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $1,350,000 from the state highway fund of the department
of transportation to the department access road fund of the department of wildlife and
parks.

(d) On July 1, 1998, or as soon thereafter as moneys are available, the director of ac-
counts and reports shall transfer $200,000 from the state highway fund of the department
of transportation to the bridge maintenance fund of the department of wildlife and parks.

(e) In addition to the other purposes for which expenditures may be made by the above
agency from the migratory waterfowl propagation and protection fund for fiscal year 1999,
expenditures may be made by the above agency for fiscal year 1999 from the unencumbered
balance as of June 30, 1998, in each existing capital improvement account of the migratory
waterfowl propagation and protection fund: Provided, That all expenditures from the unen-
cumbered balance of any such account shall not exceed the amount of the unencumbered
balance in such account on June 30, 1998: Provided further, That all expenditures from the
unencumbered balance of any such account shall be in addition to any expenditure limitation
imposed on the migratory waterfowl propagation and protection fund for fiscal year 1999.

(f) In addition to the other purposes for which expenditures may be made by the above
agency from the boating fee fund for fiscal year 1999, expenditures may be made by the
above agency for fiscal year 1999 from the unencumbered balance as of June 30, 1998, in
each existing capital improvement account of the boating fee fund: Provided, That expend-
itures from the unencumbered balance of any such existing capital improvement account
shall not exceed the amount of the unencumbered balance in such account on June 30,
1998: Provided further, That all expenditures from the unencumbered balance of any such
account shall be in addition to any expenditure limitation imposed on the boating fee fund
for fiscal year 1999 and shall be in addition to any other expenditure limitation imposed on
any such account of the boating fee fund for fiscal year 1999.

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

State budget stabilization fund ADA accessibility

$71,963

Comprehensive capital improvements for state parks

$10,000,000

Provided, That all expenditures by the above agency from the state budget stabilization fund
for fiscal year 1999 for the state budget stabilization fund ADA accessibility projects and
the comprehensive capital improvements for state parks shall be in addition to any expend-
iture limitation imposed on the state budget stabilization fund for fiscal year 1999.

(h) In addition to the other purposes for which expenditures may be made by the above
agency from the state budget stabilization fund for fiscal year 1999, expenditures may be
made by the above agency for fiscal year 1999 from the unencumbered balance as of June
30, 1998, in each existing capital improvement account of the above agency in the state
budget stabilization fund: Provided, That expenditures from the unencumbered balance of
any such existing capital improvement account shall not exceed the amount of the unen-
cumbered balance in such account on June 30, 1998: Provided further, That all expenditures
from the unencumbered balance of any such account shall be in addition to any expenditure
limitation imposed on the state budget stabilization fund for fiscal year 1999.

(i) In addition to the other purposes for which expenditures may be made by the above
agency from the wildlife fee fund for fiscal year 1999, expenditures may be made by the
above agency from the following capital improvement account or accounts of the wildlife
fee fund during fiscal year 1999 for the following capital improvement project or projects,
subject to the expenditure limitations prescribed therefor:

Wildlife fee fund ADA renovation fishery enhancements

$200,000

Wildlife fee fund land acquisition

$250,000

Wildlife fee fund rehabilitation and repair

$250,000

Federally mandated boating access

$850,000

Provided, That all expenditures from each such capital improvement account shall be in
addition to any expenditure limitation imposed on the wildlife fee fund for fiscal year 1999.

(j) In addition to the other purposes for which expenditures may be made by the above
agency from the wildlife fee fund for fiscal year 1999, expenditures may be made by the
above agency for fiscal year 1999 from the unencumbered balance as of June 30, 1998, in
each existing capital improvement account of the wildlife fee fund: Provided, That expend-
itures from the unencumbered balance of any such existing capital improvement account
shall not exceed the amount of the unencumbered balance in such account on June 30,
1998: Provided further, That all expenditures from the unencumbered balance of any such
account shall be in addition to any expenditure limitation imposed on the wildlife fee fund
for fiscal year 1999: And provided further, That, on July 1, 1998, any unencumbered balance
as of June 30, 1998, in each of the following capital improvement accounts of the wildlife
fee fund is hereby lapsed: Repair outlet--Brown state fishing lake; expand Wichita urban
fishing waters.

(k) In addition to the other purposes for which expenditures may be made by the above
agency from the wildlife conservation fund for fiscal year 1999, expenditures may be made
by the above agency for fiscal year 1999 from the unencumbered balance as of June 30,
1998, in each existing capital improvement account of the wildlife conservation fund: Pro-
vided, That expenditures from the unencumbered balance of any such existing capital im-
provement account shall not exceed the amount of the unencumbered balance in such
account on June 30, 1998: Provided further, That all expenditures from the unencumbered
balance of any such account shall be in addition to any expenditure limitation imposed on
the wildlife conservation fund for fiscal year 1999 and shall be in addition to any other
expenditure limitation imposed on any such account of the wildlife conservation fund for
fiscal year 1999.

(l) In addition to the other purposes for which expenditures may be made by the above
agency from the parks fee fund for fiscal year 1999, expenditures may be made by the above
agency for fiscal year 1999 from the unencumbered balance as of June 30, 1998, in each
existing capital improvement account of the parks fee fund: Provided, That expenditures
from the unencumbered balance of any such existing capital improvement account shall not
exceed the amount of the unencumbered balance in such account on June 30, 1998: Pro-
vided further, That all expenditures from the unencumbered balance of any such account
shall be in addition to any expenditure limitation imposed on the parks fee fund for fiscal
year 1999.

(m) In addition to the other purposes for which expenditures may be made by the above
agency from the nongame wildlife improvement fund for fiscal year 1999, expenditures may
be made by the above agency for fiscal year 1999 from the unencumbered balance as of
June 30, 1998, in each existing capital improvement account of the nongame wildlife im-
provement fund: Provided, That expenditures from the unencumbered balance of any such
existing capital improvement account shall not exceed the amount of the unencumbered
balance in such account on June 30, 1998: Provided further, That all expenditures from the
unencumbered balance of any such account shall be in addition to any expenditure limitation
imposed on the nongame wildlife improvement fund for fiscal year 1999 and shall be in
addition to any other expenditure limitation imposed on any such account of the nongame
wildlife improvement fund for fiscal year 1999.

(n) During the fiscal year ending June 30, 1999, any expenditures by the department
of wildlife and parks from any moneys appropriated for fiscal year 1999, for wetlands ac-
quisition shall be for the acquisition of existing wetlands that are adjacent to state-owned
wetlands in Barton county or McPherson county: Provided, That, as used in this subsection,
wetlands are defined as areas that have a predominance of hydric soils and that are inundated
or saturated by surface or groundwater at a frequency and duration sufficient to support,
and under normal circumstances do support, a prevalence of hydrophytic vegetation typically
adapted for life in saturated soil conditions.

(o) During the fiscal year ending June 30, 1999, any expenditures by the department of
wildlife and parks from any moneys appropriated for fiscal year 1999, for land acquisition
related to the playa lakes project shall be for lands which are adjacent to playa lakes prop-
erties that are already owned by the state: Provided, That no pumping of groundwater may
be done on any such newly acquired properties.

Sec. 191.

JUVENILE JUSTICE AUTHORITY (a) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 1999, for the capital improvement project or projects
specified as follows:

Capital improvements--rehabilitation, remodeling, renovation and repairof juvenile correctional facilities

$1,147,075

Provided, That the commissioner of juvenile justice is hereby authorized to transfer moneys
during fiscal year 1999 from the capital improvements--rehabilitation, remodeling, reno-
vation and repair of juvenile correctional facilities account of the state institutions building
fund to an account or accounts of the state institutions building fund of any institution or
facility under the jurisdiction of the commissioner of juvenile justice to be expended during
fiscal year 1999 by the institution or facility for capital improvement projects approved by
the commissioner of juvenile justice.

Sec. 192. Appeals to exceed position limitations. The limitations imposed by this act on
the number of full-time and regular part-time positions equated to full-time, excluding
seasonal and temporary positions, paid from appropriations for the fiscal year ending June
30, 1999, made in this act or in any other appropriation act of the 1998 regular session of
the legislature may be exceeded upon approval of the state finance council.

Sec. 193. Appeals to exceed limitations. Upon written application to the governor and
approval of the state finance council, expenditures from special revenue funds may exceed
the amounts specified in this act.

Sec. 194. Savings. Any unencumbered balance as of June 30, 1998, in any special rev-
enue fund, or account thereof, which is not otherwise specifically appropriated or limited
by this or other appropriation act of the 1998 regular session of the legislature, is hereby
appropriated for the fiscal year ending June 30, 1999, for the same use and purpose as the
same was heretofore appropriated.

Sec. 195. Federal grants. Each federal grant or other federal receipt which is received
by a state agency named in this act and which is not otherwise appropriated to that state
agency by this or other appropriation act of the 1998 regular session of the legislature, is
hereby appropriated for the fiscal year ending June 30, 1999, for that state agency for the
purpose set forth in such federal grant or receipt, except that no expenditure shall be made
from and no obligation shall be incurred against any such federal grant or other federal
receipt, which has not been previously appropriated or reappropriated or approved for
expenditure by the governor, until the governor has authorized the state agency to make
expenditures therefrom.

Sec. 196. Any transfers of money during the fiscal year ending June 30, 1999, from any
special revenue fund of any state agency named in this act to the audit services fund of the
division of post audit under K.S.A. 46-1121 and amendments thereto shall be in addition to
any expenditure limitation imposed on any such fund for the fiscal year ending June 30,
1999.

Sec. 197. Any correctional institutions building fund appropriation heretofore appro-
priated to any state agency named in this or other appropriation act of the 1998 regular
session of the legislature, and having an unencumbered balance as of June 30, 1998, in
excess of $100 is hereby reappropriated for the fiscal year ending June 30, 1999, for the
same uses and purposes as originally appropriated unless specific provision is made for
lapsing such appropriation.

Sec. 198. Any Kansas educational building fund appropriation heretofore appropriated
to any institution named in this or other appropriation act of the 1998 regular session of the
legislature and having an unencumbered balance as of June 30, 1998, in excess of $100 is
hereby reappropriated for the fiscal year ending June 30, 1999, for the same use and purpose
as originally appropriated, unless specific provision is made for lapsing such appropriation.

Sec. 199. Any state institutions building fund appropriation heretofore appropriated to
any state agency named in this or other appropriation act of the 1998 regular session of the
legislature and having an unencumbered balance as of June 30, 1998, in excess of $100 is
hereby reappropriated for the fiscal year ending June 30, 1999, for the same use and purpose
as originally appropriated, unless specific provision is made for lapsing such appropriation.

Sec. 200. Any Kansas special capital improvements fund appropriation heretofore ap-
propriated to any state agency named in this or other appropriation act of the 1998 regular
session of the legislature, and having an unencumbered balance as of June 30, 1998, in
excess of $100 is hereby reappropriated for the fiscal year ending June 30, 1999, for the
same use and purpose as originally appropriated unless specific provision is made for lapsing
such appropriation.

Sec. 201. On the effective date of this act, K.S.A. 75-3730a and 75-3730b are hereby
repealed.

Sec. 202. On July 1, 1998, K.S.A. 79-2964, 79-3425i and 79-34,147 and section 23 of
chapter 123 of the 1997 Session Laws of Kansas are hereby repealed.'';

And by renumbering sections accordingly;

In the title, by striking all in lines 12 through 15 and inserting in lieu thereof the following:

``AN ACT making and concerning appropriations for the fiscal years ending June 30, 1998,
and June 30, 1999; authorizing certain transfers, capital improvement projects and fees,
imposing certain restrictions and limitations and directing or authorizing certain receipts,
disbursements and acts incidental to the foregoing; amending K.S.A. 79-2964, 79-3425i
and 79-34,147 and repealing the existing sections; also repealing K.S.A. 75-3730a and
75-3730b and section 23 of chapter 123 of the 1997 Session Laws of Kansas.'';

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

Phil Kline

Mike Farmer

Henry M. Helgerson, Jr.

Conferees on part of House

Dave Kerr

Alicia Salisbury

Marge Petty

Conferees on part of Senate

April 10, 1998

Senator Kerr moved the Senate adopt the Conference Committee report on SB 495.

On roll call, the vote was: Yeas 30, nays 10, present and passing 0; absent or not voting
0.

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

Nays: Donovan, Gilstrap, Hensley, Huelskamp, Jones, Lee, Oleen, Pugh, Steineger, Ty-
son.

The Conference Committee report was adopted.

EXPLANATION OF VOTE Mr. President: I vote no on SB 495. I cannot justify the method used in the KPERS
COLA portion of the bill. While I support the majority of the bill, and commend the Ways
and Means Committee for their hard work, I cannot vote for the bill with the KPERS COLA
part intact. Thank you.--Les Donovan

Mr. President: I vote no on SB 495, the major appropriations bill of the session. I
strongly support many of the funding choices made in this bill especially the additional
investments in K-12 education and early childhood education.

Unfortunately, this bill provides a cost-of-living (COLA) increase only for those KPERS
retirees who retired prior to July of 1993. I cannot in good conscience vote for a COLA that
excludes thousands upon thousands of retirees who retired after 1993. This is bad public
policy. Any COLA we approve must apply to every KPERS retiree in our state.--Anthony
Hensley

Senators Jones and Lee request the record to show they concur with the ``Explanation of
Vote'' offered by Senator Hensley on SB 495.

MESSAGE FROM THE HOUSE

Announcing the House adopts the conference committee report on HB 2724.

The House adopts the conference committee report on HB 2806.

The House adopts the Conference Committee Report to agree to disagree on Substitute
SB 675 and has appointed Representatives Allen, Palmer and Spangler as second conferees
on the part of the House.

The House adopts the conference committee report on SB 482.

The House adopts the conference committee report on SB 536.

The House accedes to the request of the Senate for a conference on SB 44 and has
appointed Representatives Phil Kline, Powell and Larkin as conferees on the part of the
House.

The House accedes to the request of the Senate for a conference on House Substitute
for Substitute SB 424 and has appointed Representatives Neufeld, Landwehr and Hel-
gerson as conferees on the part of the House.

CONFERENCE COMMITTEE REPORT

Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 482, submits the following report:

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

On page 10, in line 42, by striking ``or''; in line 43, before ``21-3442'' by inserting ``and
amendments thereto; (17) involuntary manslaughter while driving under the influence of
alcohol or drugs as defined in K.S.A. ``; also in line 43, by striking ``(17)'' and inserting ``(18)'';

On page 15, in line 19, after ``21-3404,'' by inserting ``21-3439,'';

On page 16, in line 40, by striking ``criminal justice agency,'';

On page 17, by striking all in lines 26 through 43;

On page 18, by striking all in lines 1 through 13;

And by renumbering sections accordingly;

Also on page 18, in line 14, by striking ``8-1,129,'';

On page 1, in the title, in line 14, by striking ``crimes, criminal procedure and punish-
ment;''; in line 15, by striking ``relating to''; also in line 15, before ``diversion'' by inserting
``relating to''; in line 16, by striking ``penalty for unlawful parking''; in line 17, by striking
``in accessible parking space in certain circumstances;''; in line 18, by striking ``8-1,129,'';

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

Tim Carmody

Terry Presta

Jim Garner

Conferees on part of House

Tim Emert

Edward W. Pugh

Greta Goodwin

Conferees on part of Senate

Senator Emert moved the Senate adopt the Conference Committee report on SB 482.

On roll call, the vote was: Yeas 38, nays 2, present and passing 0; absent or not voting 0.

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

Nays: Brownlee, Ranson.

The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT

Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 536, submits the following report:

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

On page 39, in line 18, by striking ``otherwise authorized by law to diagnose mental
disorders'' and inserting ``designated by the head of a participating mental health center'';

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

Tim Carmody

Terry Presta

Jim Garner

Conferees on part of House

Tim Emert

Edward W. Pugh

Greta Goodwin

Conferees on part of Senate

Senator Emert moved the Senate adopt the Conference Committee report on SB 536.

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 Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT

Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to Substitute for SB 675, submits the following report:

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

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

Barbara P. Allen

Peggy Palmer

Conferees on part of House

Pat Ranson

Nick Jordan

Conferees on part of Senate

On motion of Senator Ranson, the Senate adopted the conference committee report on
Sub. for SB 675, and requested a new conference committee be appointed.

The President appointed Senators Ranson, Jordan and Barone as a second conference
committee on the part of the Senate on Sub. for SB 675.

CONFERENCE COMMITTEE REPORT

Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2820, submits the following report:

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

On page 16, in line 29, following the period, by inserting: ``If a parent has been convicted
of capital murder, K.S.A. 21-3439 and amendments thereto or murder in the first degree,
K.S.A. 21-3401 and amendments thereto as provided in subsection (a)(7), the burden of
proof is on the parent to rebut the presumption by clear and convincing evidence.'';

On page 17, by striking all in lines 41, 42 and 43;

By striking all of page 18;

On page 19, by striking all in lines 1 through 42 and inserting the following:

``New Sec. 11. (a) Except as provided in subsection (d), a parent entitled to the custody
of a child pursuant to K.S.A. 38-1121, and amendments thereto, shall give written notice to
the other parent who has been granted custodial or visitation rights pursuant to subsection
(d) of K.S.A. 38-1121, and amendments thereto, not less than 21 days prior to changing the
residence of the child to a place outside this state or removing the child from this state for
a period of time exceeding 90 days. Such notice shall be sent by restricted mail, return
receipt requested, to the last known address of the other parent.

(b) Failure to give notice as required by subsection (a) is an indirect civil contempt
punishable as provided by law. In addition, the court may assess, against the parent required
to give notice, reasonable attorney fees and any other expenses incurred by the other parent
by reason of the failure to give notice.

(c) A change of the residence of a child to another state or removal of a child from this
state for a period of time exceeding 90 days may be considered a material change of cir-
cumstances which justifies modification of a prior order of child support or custody.

(d) A parent entitled to the custody of a child pursuant to K.S.A. 38-1121, and amend-
ments thereto, shall not be required to give the notice required by this section to the other
parent when the other parent has been convicted of any crime specified in article 34, 35 or
36 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, in which the
child is the victim of such crime.

(e) This section shall be part of and supplemental to the Kansas parentage act.'';

On page 1, in the title, in line 16, by striking ``post-termination''; by striking all in line 17;
in line 18, by striking all before ``amending'' and inserting ``relating to notice of change in
child's residence;'';

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

Tim Emert

Edward W. Pugh

Greta Goodwin

Conferees on part of Senate

Tim Carmody

Jim Morrison

Jim D. Garner

Conferees on part of House

Senator Emert moved the Senate adopt the Conference Committee report on HB 2820.

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 Conference Committee report was adopted.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS

Senator Lee introduced the following Senate resolution, which was read:

SENATE RESOLUTION No. 1857--

A RESOLUTION congratulating and commending the surviving Kansas real sons and
daughters of Civil War union soldiers. WHEREAS, There are two surviving real sons and two surviving real daughters of Civil
War union soldiers living in Kansas at the present time. They are:

Victor E. Tullar, of Beloit, whose father, Private Charles Melanzton Tullar, Company F,
130th New York Volunteer Infantry, homesteaded in Jewell County, Kansas, after the war;

Lesco Wade, Jr., of Newton, whose father, Lesco Wade, Sr. was born in Alabama and as
a freed slave served in the union army;

Lida Crosby, of Hutchinson, whose father, Private Arthur Barnard, Company D, 6th
Kansas Cavalry, enlisted at Trading Post, Kansas (near Toronto);

Zelma Strader, of Argonia, whose father, Private James Monroe Fulton, Company F, 28th
Illinois Volunteer Infantry, enlisted in Eathan, Illinois, and homesteaded near Argonia after
the war; and

WHEREAS, These four surviving real sons and daughters of Civil War union soldiers
will be honored at Beloit on April 25, 1998, at the annual department conventions of the
Department of Kansas, Sons of Union Veterans of the Civil War and the Department of
Kansas, Ladies of the Grand Army of the Republic. In conjunction with the annual depart-
ment conventions will be a rededication ceremony for the ``Soldier's Square'' located in the
Elmwood Cemetery in Beloit. Soldier's Square is the original Grand Army of the Republic
Post burial grounds and is located at the main entrance to the cemetery. Primarily through
the personal efforts of Dean K. Speaks, Commander, Department of Kansas, Sons of Union
Veterans of the Civil War, the square has been restored including patios and park benches
for a memorial park setting as well as both raised and ground level planter beds. It is
anticipated that the ceremony will be attended by many national dignataries of the Allied
Orders of the Grand Army of the Republic as well as a large gathering of people from
Kansas and the nation. The day's activities will be capped with a banquet in the evening;
and

WHEREAS, The service of those who answered the call of the Union in its struggle with
the issues of cessation and slavery will be forever noteworthy; further, it is fitting to rede-
dicate the hallowed ground in which they lie and to recognize those few bodily survivors of
these Kansas union veterans of the Civil War: Now, therefore,

Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
the surviving Kansas real sons and daughters of Civil War union soldiers; and

Be it further resolved: That the Secretary of the Senate be directed to provide five
enrolled copies of this resolution to Senator Lee.

On emergency motion of Senator Lee SR 1857 was adopted unanimously.

REPORTS OF STANDING COMMITTEES

Committee on Federal and State Affairs recommends HB 2739, as amended by
House Committee of the Whole, be amended on page 1, in line 15, before ``Section'' by
inserting ``New''; in line 22, by striking ``severity level 10, person felony'' and inserting ``class
A person misdemeanor'' following line 24, by inserting:

``New Sec. 2. (a) Unlawful administration of a substance is the intentional and knowing
administration of a substance to another person without consent for the purpose of impairing
such other person's physical or mental ability to appraise or control such person's conduct.

(b) ``Unlawful administration of a substance'' means any method of causing the ingestion
by another person of a controlled substance, gamma hydroxybutynic acid, or its salts, ke-
tamine or butyrolactone into any food, beverage or other consumable that the person knows,
or should know, would be consumed by such other person.

(c) This section shall not prohibit administration of any substance described in subsec-
tion (b) for lawful medical or therapeutic treatment.

(d) Unlawful administration of a substance is a class A person misdemeanor.

Sec. 3. K.S.A. 22-4001 is hereby amended to read as follows: 22-4001. (a) Subject to
the provisions of this act, the mode of carrying out a sentence of death in this state shall be
by intravenous injection of a substance or substances in a quantity sufficient to cause death
in a swift and humane manner.

(b) The secretary of corrections shall supervise the carrying out of each sentence of
death and shall determine the procedures therefor, which shall be consistent with this act
and the other laws of the state. The secretary of corrections shall designate one or more
executioners and other persons necessary to assist in carrying out the sentence of death as
provided in this section. The identity of executioners and other persons designated to assist
in carrying out the sentence of death shall be confidential.

(c) In order to provide the secretary of corrections with assistance in selecting the type
of substance or substances to be administered in carrying out a sentence of death by intra-
venous injection in a swift and humane manner, the secretary shall appoint a panel of three
persons to advise the secretary, one of whom shall be a pharmacologist, one of whom shall
be a toxicologist and one of whom shall be an anesthesiologist. The panel shall also advise
the secretary of corrections concerning matters related to K.S.A. 22-4015 and amendments
thereto. The panel shall meet upon the call of the secretary and, for the performance of
their official duties, panel members shall be paid compensation, subsistence allowances,
mileage and other expenses as provided in K.S.A. 75-3223 and amendments thereto.

(d) The secretary of corrections may designate in writing a warden of one of the cor-
rectional institutions under the secretary's supervision to perform the duties imposed upon
the secretary by this section and by K.S.A. 22-4002, 22-4003, 22-4013 and 22-4014, and
amendments thereto.

Sec. 4. K.S.A. 22-4003 is hereby amended to read as follows: 22-4003. Besides the
secretary of corrections or the warden designated by the secretary, the executioner and
persons designated pursuant to K.S.A. 22-4001 and amendments thereto to assist in the
execution, the following persons, and no others, may be present at the execution: The
member of the clergy attending the prisoner, not more than three persons designated by
the prisoner and not more than six persons designated by the secretary of corrections. The
identity of persons present at the execution, other than the secretary or the warden desig-
nated by the secretary, shall be confidential. A witness may elect to reveal such witness'
identity.

Sec. 5. K.S.A. 22-4006 is hereby amended to read as follows: 22-4006. (a) At any time
prior to execution, a convict under sentence of death, such convict's counsel or the warden
of the correctional institution or sheriff having custody of such convict may request a de-
termination of the convict's sanity by a district judge of the judicial district in which such
convict was tried and sentenced. If the district judge determines that there is not sufficient
reason to believe that the convict is insane, the judge shall so find and refuse to suspend
the execution of such convict. If the district judge determines that there is sufficient reason
to believe that the convict is insane, the judge shall suspend the execution and conduct a
hearing to determine the sanity of the convict.

(b) At the hearing, the district judge shall determine the issue of the convict's sanity.
The judge shall order a psychiatric or psychological examination of the convict. For that
purpose, the court shall appoint two licensed physicians or licensed psychologists, or one of
each, qualified by training and practice to make such examination, to examine the convict
and report their findings in writing to the judge within 10 days after the order of examination
is issued. The convict shall have the right to present evidence and cross-examine any wit-
nesses at the hearing. No statement made by the convict in the course of any examination
provided for by this section, whether or not the convict consents to the examination, shall
be admitted in evidence against the convict in any criminal proceeding.

(c) If, at the conclusion of a hearing pursuant to this section, the judge determines that
the convict is sane, the judge shall enter an order ~~setting a date for the convict's execution,~~
~~which shall be carried into effect in the same manner as provided in the original sentence~~
memorializing the determination. A copy of the order shall be ~~sent by mail to~~ delivered to
the clerk of the supreme court and the secretary of corrections. Upon receipt of the order,
the supreme court shall forthwith issue to the secretary of corrections a warrant under seal
of the supreme court, commanding the secretary or a warden designated pursuant to K.S.A.
22-4001 and amendments thereto to proceed to carry out the sentence of execution during
the week designated by the supreme court. A copy of the warrant shall be delivered to the
secretary of corrections and the clerk of the district court.

(d) If, at the conclusion of a hearing pursuant to this section, the judge determines that
the convict is insane, the judge shall suspend the execution until further order. The judge
shall enter an order memorializing the determination. A copy of the order shall be delivered
to the clerk of the supreme court and the secretary of corrections. Upon receipt of the order,
the supreme court shall forthwith issue to the secretary of corrections a warrant under seal
of the supreme court suspending the sentence. A copy of the warrant shall be delivered to
the secretary of corrections and the clerk of the district court. Any time thereafter when the
judge has sufficient reason to believe that the convict has become sane, the judge shall again
determine the sanity of the convict as provided by this section. Proceedings pursuant to this
section may continue to be held at such times as the district judge orders until it is either
determined that such convict is sane or incurably insane.

Sec. 6. K.S.A. 22-4009 is hereby amended to read as follows: 22-4009. (a) If a convict
under sentence of death appears to be pregnant or alleges to be pregnant, the person having
custody of the convict shall notify the secretary of corrections. The secretary shall designate
one or more licensed physicians to examine the convict to determine if the convict is preg-
nant. If the convict is not pregnant, the execution shall be carried out as previously ordered.
If the convict is pregnant, the secretary of corrections shall notify the ~~administrative judge~~
~~of the judicial district where the conviction was rendered and the execution of the sentence~~
~~of death shall be postponed. If the convict is not pregnant, the execution shall be carried~~
~~out as previously ordered.~~ clerk of the supreme court. Upon receipt of the notice, the supreme
court shall forthwith issue to the secretary of corrections a warrant under seal of the supreme
court postponing the execution of the sentence of death. A copy of the warrant shall be
delivered to the secretary of corrections and the clerk of the district court.

(b) When the execution of a sentence of death is postponed because of pregnancy, the
~~judge~~ secretary of corrections shall wait until the child is born or the pregnancy is otherwise
terminated and then the ~~judge~~ secretary shall ~~fix the date for the execution~~ notify the clerk
of the supreme court of the birth of the child or termination of the pregnancy. Upon receipt
of the notice, the supreme court shall forthwith issue to the secretary of corrections a warrant
under seal of the supreme court, commanding the secretary or a warden designated pursuant
to K.S.A. 22-4001 and amendments thereto to proceed to carry out the sentence of execution
during the week designated by the supreme court. A copy of the warrant shall be delivered
to the secretary of corrections and the clerk of the district court. At any time during the
postponement of the execution, the ~~judge~~ secretary may order an examination as provided
in this section to determine whether the convict remains pregnant. The costs of each medical
examination conducted pursuant to this section shall be paid by the county where the case
originated.

Sec. 7. K.S.A. 22-4011 is hereby amended to read as follows: 22-4011. If any person
who has been sentenced to death escapes and is not retaken before the time fixed for
execution, it shall be lawful for any sheriff or other officer or person to rearrest and return
the person to the custody of the secretary of corrections. Upon such return to custody, the
secretary of corrections shall give notice thereof to the ~~governor~~ clerk of the supreme court.
Upon receipt of such notice, the ~~governor shall issue a warrant fixing and appointing a day~~
~~for the execution,~~ supreme court shall forthwith issue to the secretary of corrections a war-
rant under seal of the supreme court, commanding the secretary or a warden designated
pursuant to K.S.A. 22-4001 and amendments thereto to proceed to carry out the sentence
of execution during the week designated by the supreme court which shall be carried into
effect in the same manner as provided by statute for the execution of an original sentence
of death. A copy of the warrant shall be delivered to the secretary of corrections and the
clerk of the district court.

Sec. 8. K.S.A. 22-4012 is hereby amended to read as follows: 22-4012. Whenever any
person has been sentenced to death, it shall be the duty of the clerk of the court before
which the conviction was rendered to issue ~~a warrant~~ an order, under the seal of the court,
which shall recite the conviction and sentence and be directed to the secretary of corrections.
The clerk shall deliver the ~~warrant~~ order to the sheriff of the county in which the conviction
was rendered, and such sheriff shall promptly transport such convicted person to the state
correctional institution designated by the secretary of corrections and deliver such convict,
together with the ~~warrant~~ order, into the custody of the warden of the designated institution,
who shall receive and safely keep such convict until the time of execution, or until otherwise
ordered by the secretary or other competent authority. The warden shall notify the secretary
of corrections of the receipt of the convict and ~~warrant~~ order.

Sec. 9. K.S.A. 22-4013 is hereby amended to read as follows: 22-4013. (a) It shall be
the duty of the secretary of corrections or the warden designated by the secretary to proceed
~~at the time fixed in accordance with law~~ to execute a sentence of death during the week
designated for the execution in the manner prescribed by this act. The secretary of correc-
tions may carry out the execution of the sentence of death at any time during the week
designated for the execution as provided by this section. For purposes of this act, the term
``week'' shall mean the time period from 12:01 a.m. Sunday through and including 11:59
p.m. the following Saturday. If the week designated in the warrant commanding the exe-
cution of a death sentence begins on a day of the week other than a Sunday, or sets out a
particular date for the execution, the secretary of corrections shall notify the clerk of the
supreme court. Upon receipt of the order, the supreme court shall forthwith issue to the
secretary of corrections a warrant under seal of the supreme court, commanding the sec-
retary or a warden designated pursuant to K.S.A. 22-4001 and amendments thereto to pro-
ceed to carry out the sentence of execution during the week designated by the supreme court.
A copy of the warrant shall be delivered to the secretary of corrections and the clerk of the
district court.

(b) The secretary of corrections shall carry out the execution commanded by the warrant
issued by the supreme court during the week designated by the supreme court on a date
selected by the secretary. Provided, however, the secretary shall give notice of the date
selected by the secretary for the execution at least seven calendar days before the execution
to the clerk of the supreme court, the clerk of the district court in which the defendant was
convicted, the defendant, the defendant's counsel and the attorney general. The secretary
may carry out the execution at any time during the date selected or as soon thereafter as
the secretary deems appropriate.

Sec. 10. K.S.A. 22-4014 is hereby amended to read as follows: 22-4014. If the supreme
court orders a suspension of the execution of a sentence of death, the suspension shall
continue until the proceedings are determined. If, after determining the same, the sentence
is affirmed, the supreme court shall order the execution of the sentence of death and shall
designate a ~~day therefor~~ week during which the sentence of execution shall be carried out.
It shall be the duty of the clerk of the supreme court to issue to the secretary of corrections
a warrant under the seal of the court, commanding the secretary or a warden designated
pursuant to K.S.A. 22-4001 and amendments thereto to proceed to carry the sentence into
execution ~~at the time appointed~~ during the week designated by the court~~, which time~~. The
week during which the sentence of execution is to be carried out shall be stated in the warrant.
Upon receipt of the warrant it shall be the duty of the secretary of corrections to cause the
sentence to be executed as provided by this act at during the time designated by the court.

Sec. 11. K.S.A. 22-4001, 22-4003, 22-4006, 22-4009, 22-4011, 22-4012, 22-4013 and
22-4014 are hereby repealed.'';

By renumbering sections accordingly;

In the title, by striking all in line 12 and inserting:

``AN ACT concerning certain crimes, punishments and procedures; amending K.S.A.
22-4001, 22-4003, 22-4006, 22-4009, 22-4011, 22-4012, 22-4013 and 22-4014 and repealing
the existing sections.''; and the bill be passed as amended.

April 10, 1998

REPORT ON ENGROSSED BILLS

H Sub. for Sub. SB 139; SB 488 reported correctly engrossed April 10, 1998.

SB 416, 556 reported correctly re-engrossed April 10, 1998.

On motion of Senator Emert, the Senate recessed until 6:00 p.m.

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

MESSAGE FROM THE GOVERNOR

SB 462, 470, 487, 677 approved on April 10, 1998.

MESSAGE FROM THE HOUSE

Announcing the House nonconcurs in Senate amendments to HB 2510, requests a con-
ference and has appointed Reps. Boston, Tanner and Gilbert as conferees on the part of
the House.

The House not adopts the conference committee report on Substitute SB 675, requests
a conference and appoints Reps. Allen, Palmer and Spangler as third conferees on the part
of the House.

The House adopts the conference committee report on HB 2820.

The House adopts the conference committee report on House Substitute for Substi-
tute SB 424.

The House adopts the conference committee report on SB 535.

The House concurs in Senate amendments to HCR 5042 and requests the Senate to
return the concurrent resolution.

CONFERENCE COMMITTEE REPORT

Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 424, submits the following report:

The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as amended by the House on Final Action, as
follows:

By striking all of subsection (c) of section 1 and inserting:

``(c) The secretary is authorized to contract with entities authorized to transact health
insurance business in this state to implement the health insurance coverage plan pursuant
to subsection (a) providing for several plan options to enrollees which are coordinated with
federal and state child health care programs, except that when contracting to provide man-
aged mental health care services the secretary shall assure that contracted entities demon-
strate the ability to provide a full array of mental health services in accordance with the
early and periodic screening, diagnosis and treatment plan. The secretary shall not develop
a request for proposal process which excludes community mental health centers from the
opportunity to bid for managed mental health care services.'';

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

Melvin Neufeld

Brenda Landwehr

Henry Helgerson, Jr.

Conferees on part of House

Sandy Praeger

Don Steffes

Paul Feleciano, Jr.

Conferees on part of Senate

Senator Praeger moved the Senate adopt the Conference Committee report on House
Substitute for Substitute SB 424.

On roll call, the vote was: Yeas 39, nays 1, 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, Umbarger, Vidricksen.

Nays: Tyson.

The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT

Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 535, submits the following report:

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

On page 18, by striking all in lines 9 through 43;

On page 19, by striking all in lines 1 through 5 and inserting in lieu thereof the following:

``New Sec. 18. (a) An automated external defibrillator may be used by any qualified
person.

(b) Any qualified person who gratuitously and in good faith renders emergency care or
treatment by the use of or provision of an automated external defibrillator shall not be held
liable for any civil damages as a result of such care or treatment or as a result of any act or
failure to act in providing or arranging further medical treatment where the person acts as
an ordinary reasonably prudent person would have acted under the same or similar circum-
stances.

(c) As used in this section, ``qualified person'' means a person who: (1) Has completed
a course in cardiopulmonary resuscitation or a basic first aid course that includes cardio-
pulmonary resuscitation training and (2) has completed a course of training in the use of
automated external defibrillators and (3) has demonstrated proficiency in the use of an
automated external defibrillator.'';

On page 1, in the title, in line 15, by striking ``automatic'' and inserting ``automated'';

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

Carlos Mayans

Jim Morrison

Jerry Henry

Conferees on part of House

Sandy Praeger

Larry D. Salmans

Chris Steineger

Conferees on part of Senate

Senator Praeger moved the Senate adopt the Conference Committee report on SB 535.

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 Conference Committee report was adopted.

EXPLANATION OF VOTE Mr. President: The provisions of SB 535 which deal with automated external defibril-
lators are intended to make this life-saving technology readily available to Kansans. This
measure has the potential to save lives, particularly in rural and other underserved areas.
During committee deliberation there was some question about whether physicians who
prescribe AEDs will incur liability for the use of the technology by qualified or unqualified
persons. We determined that, even though federal regulations require a physician's pre-
scription to make the AED available, the physician will not assume additional liability for
the AED's subsequent use or non-use. I vote yes on SB 535.--Sandy Praeger

CONFERENCE COMMITTEE REPORT

Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to Substitute for HB 2972, submits the following report:

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

On page 1, in line 15, by striking all after ``concerning''; in line 16, by striking all before
``background'';

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

Lana Oleen

Sherman Jones

Nancy Harrington

Conferees on part of Senate

Garry Boston

Ralph Tanner

Candy L. Ruff

Conferees on part of House

Senator Oleen moved the Senate adopt the Conference Committee report on Sub. HB
2972.

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 Conference Committee report was adopted.

ORIGINAL MOTION

On motion of Senator Ranson, the Senate acceded to the request of the House for a
conference on Sub. SB 675.

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

On motion of Senator Oleen, the Senate acceded to the request of the House for a
conference on HB 2510.

The President appointed Senators Oleen, Vidricksen and Jones as conferees on the part
of the Senate.

MESSAGE FROM THE HOUSE

Announcing the House adopts the conference committee report on House Substitute
for SB 212.

CONFERENCE COMMITTEE REPORT

Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to House Substitute for SB 212, submits the following report:

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

On page 1, by striking all after the enacting clause; by striking all in page 2;

On page 3, by striking all before line 18;

By renumbering the existing sections;

Also on page 3, in line 25, by striking ``2001'' and inserting ``2003''; in line 26, by striking
all after the period; by striking lines 27 through 36; in line 37, by striking all before ``Each''
and inserting:

``With respect to enhanced universal service, such schedules shall provide for deployment
of ISDN, or its technological equivalent, or broadband facilities, only upon a firm customer
order for such service, or for deployment of other enhanced universal services by a local
exchange carrier. After receipt of such an order and upon completion of a deployment plan
designed to meet the firm order or otherwise provide for the deployment of enhanced
universal service, a local exchange carrier shall notify the commission. The commission shall
approve the plan unless the commission determines that the proposed deployment plan is
unnecessary, inappropriate, or not cost effective, or would create an unreasonable or ex-
cessive demand on the KUSF. The commission shall take action within 90 days. If the
commission fails to take action within 90 days, the deployment plan shall be deemed ap-
proved. This approval process shall continue until July 1, 2000.'';

On page 4, in line 13, by striking ``, or the technological equivalent,'';

On page 9, in line 18, by striking ``The''; by striking lines 19 and 20; in line 21, by striking
all before ``Any''; in line 26, by striking ``8.8'' and inserting ``8.89''; in line 29, after the period
by inserting the following:

``Prior to January 1, 2000, with respect to wireless telecommunications service providers,
an equitable and nondiscriminatory rate shall be an amount equal to the rate of contributions
of wireline telecommunications service providers, as determined by the commission, re-
duced by the percentage minutes of usage initiated and terminated entirely over the wireless
network as determined by the commission. The commission shall establish such rate for
wireless telecommunications service providers no later than December 31, 1998.'';

Also, on page 9, in line 40, by striking all after the period; by striking lines 41 and 42; in
line 43, by striking all before ``If'';

On page 10, in line 5, by striking ``: (1) A'' and inserting ``a''; in line 7, by striking all after
``request''; by striking lines 8, 9, and 10``; in line 11, by striking ``area''; in line 16, by striking
all after ``customers''; by striking line 17; in line 18, by striking all before ``within''; in line
28 after the second ``service'', by inserting ``, deployed subject to subsection (a) of K.S.A.
66-2005, and amendments thereto,'';

On page 11, in line 11, before ``October'', by inserting ``or after''; also in line 11, by striking
all after the period; by striking lines 12 through 14; in line 25, by striking all after ``both''
and inserting ``technically and economically feasible.'';

On page 12, in line 2, before the semicolon, by inserting ``with no deterioration of such
service'';

On page 13, by striking all after line 32;

On page 14, by striking all before line 15 and inserting new sections as follows:

``New Sec. 4. (a) The commission shall establish a KUSF working committee. The
membership of the working committee shall be determined by the commission subject to
the conditions set forth in subsection (b). The legislative coordinating council shall designate
the chair of the committee and the chair shall be a legislative member. Meetings shall be
on call of the chair.

(b) The membership of the KUSF working committee shall include:

(1) One representative for each of the following: Local exchange carriers subject to
price cap regulation, interexchange carriers, cable companies, wireless telecommunications
service providers, rural telephone companies, local exchange carriers certificated after Jan-
uary 1, 1996, competitive access providers, internet service providers, the citizens' utility
ratepayer board;

(2) a faculty member from a Kansas university with expertise in telecommunications
technology, a representative of elementary and secondary schools, a representative of a
public library, a large business, other than a telecommunications public utility and a small
business, other than a telecommunications public utility; and

(3) eight legislators as follows: two members of the house standing committee on utilities
appointed by the speaker of the house of representatives, two members of such committee
appointed by the minority leader of the house of representatives, two members of the senate
standing committee on commerce appointed by the president of the senate and two mem-
bers of such committee appointed by the minority leader of the senate. Legislators serving
as members of the committee and those members described in paragraph (2) shall receive
amounts provided by subsection (e) of K.S.A. 75-3223 and amendments thereto for each
day of actual attendance at any meeting of the task force or any subcommittee meeting
approved by the task force. Such amounts paid to members shall be paid from appropriations
to the legislative coordinating council pursuant to vouchers prepared by the director of
legislative administrative services and approved by the chairperson or vice-chairperson of
the legislative coordinating council.

(c) The KUSF working committee shall discuss, identify and develop recommendations
regarding technology issues, KUSF funding regulatory procedures, modifications to en-
hanced universal service and other issues identified by the committee, including but not
limited to:

(1) The definition of enhanced universal service;

(2) how and when enhanced universal services should be deployed;

(3) what mechanism is most appropriate for the recovery of capital costs; and

(4) how to address internet access in light of changing technology.

(d) On or before December 1, 1998, the KUSF working committee shall submit a report
and recommendations to the legislature based on the activities of the working committee.

(e) The legislative research department, the commission and office of the revisor of
statutes shall provide staff support for the committee. Legislative staff shall prepare the
report and any recommendations of the working committee.

New Sec. 5. (a) As used in this section:

(1) ``Express authorization'' means an express, affirmative act by a consumer clearly
agreeing to the change in the consumer's telecommunications carrier or local exchange
carrier to another carrier.

(2) ``Telecommunications services'' has the meaning provided by K.S.A. 66-1,187 and
amendments thereto.

(b) No local exchange carrier or telecommunications carrier shall submit to a local
exchange carrier an order to change a consumer's telecommunications carrier or local
exchange carrier to another carrier without having obtained the express authorization of the
consumer authorized to make the change. The local exchange carrier or telecommunications
carrier requesting the change shall have the burden of proving the express authorization by
a preponderance of the evidence.

(c) No local exchange carrier, telecommunications carrier or third party utilized to verify
an order to change a consumer's telecommunications carrier or local exchange carrier to
another carrier shall:

(1) Engage in any activity, conduct or representation while soliciting or verifying a
change in a consumer's telecommunications carrier or local exchange carrier to another
carrier that has the capacity to mislead, deceive or confuse the consumer;

(2) employ a box or container used to collect entries for sweepstakes, contests or draw-
ings to gather letters of agency or other documents that constitute authorizations by con-
sumers to change the consumers' telecommunications carrier or local exchange carrier to
another carrier or to change or add to the consumers' other telecommunications services;
or

(3) use any methods not approved by the federal communications commission statutes,
rules and regulations (as in effect on the effective date of this act) or state corporation
commission rules and regulations to change a consumer's telecommunications carrier or
local exchange carrier to another carrier.

(d) Any local exchange carrier or telecommunications carrier that violates subsection
(b) or (c) shall be subject to a civil penalty of not less than $5,000 nor more than $20,000
for each such violation instead of the penalty provided for in subsection (a) of K.S.A. 50-
636, and amendments thereto.

(e) Any violation of this section is a deceptive and unconscionable act or practice under
the provisions of the Kansas consumer protection act and shall be subject to any and all of
the enforcement provisions of the Kansas consumer protection act. Nothing in this section
shall preclude the state corporation commission from exerting its authority as it pertains to
intrastate services nor the attorney general from pursuing violations of any other provisions
of the Kansas consumer protection act by a local exchange carrier or telecommunications
carrier.

(f) All local exchange carriers shall offer consumers the option of notifying the local
exchange carrier in writing that they do not desire any change of telecommunications carrier
regardless of any orders to the contrary submitted by any third party. The consumer shall
be permitted to cancel such notification or to change its telecommunications carrier by
notifying the consumer's local exchange carrier accordingly. All local exchange carriers shall
annually notify the consumers of the carrier's telecommunications services of the availability
of this option.

(g) This section shall be part of and supplemental to the Kansas consumer protection
act.

Also on page 14, in line 15, by striking ``66-1,187'';

In the title, in line 10, by striking ``universal''; in line 11, by striking ``service,''; in line 12,
by striking ``66-1,187'';

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

Clay Aurand

Tom Sloan

Dennis McKinney

Conferees on part of House

Alicia L. Salisbury

Karin S. Brownlee

Jim Barone

Conferees on part of Senate

Senator Salisbury moved the Senate adopt the Conference Committee report on House
Substitute for SB 212.

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

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

Absent or not voting: Downey, Lawrence, Vidricksen.

The Conference Committee report was adopted.

EXPLANATION OF VOTE Mr. President: SB 212 is the result of the House and Senate work on telecommuni-
cations. When I introduced SB 666 on Feb 13, audit provisions were clear in its original
language. The Substitute for SB 666 passed out of commerce committee without audit
language because the Kansas Supreme Court made clear in its March 13, 1998 ruling that
KCC had broad authority to make whatever investigation is necessary to establish universal
service funding. SB 212 includes the concepts of Sub SB 666. Its lack of reference to audits
and cost studies are due to agreement in conference committee that the Supreme Court
ruling definitively covered this issue.

SB 212 addresses important aspects of the 1996 Telecommunications Act, including the
delay of enhanced universal service deployment. This bill also creates a working group whose
charge is to report to the 1999 Legislature. With important information next year, hopefully
further cell phone assessment rate reduction can occur and other policy decisions can be
considered. Benefitting the Kansas phone consumer is the goal of SB 212.--Karin
Brownlee

MESSAGE FROM THE HOUSE

Announcing the House not adopts the conference committee report on SB 11, requests
a conference and appoints Representatives Farmer, Edmonds and Helgerson as fourth con-
ferees on the part of the House.

ORIGINAL MOTION

On motion of Senator Kerr, the Senate acceded to the request of the House for a con-
ference on SB 11.

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

On motion of Senator Emert the Senate adjourned until 10:00 a.m., Wednesday, April
29, 1998.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of the Senate.