454             1997 Session Laws of Kansas             Ch. 123

Chapter 123

SENATE SUBSTITUTE FOR HOUSE BILL No. 2160

(Amended by Chapter 192)

Abstracters' board of examiners 2
Accountancy, board of 3
Adjutant general 82
Administration, department of 45
Aging, department on 59
Agriculture, Kansas department of 96
Animal health department, Kansas 97
Arts commission, Kansas 66
Attorney general 31
Attorney general--Kansas bureau of investigation 86
Bank commissioner, state 4
Barbering, Kansas board of 5
Behavioral sciences regulatory board 6
Blind, Kansas state school for the 67
Citizens' utility ratepayer board 44
Commerce and housing, department of 51
Conservation commission, state 101
Consumer credit commissioner 13
Corporation commission, state 43
Corrections, department of 81
Corrections, ombudsman of 94
Cosmetology, Kansas state board of 8
Credit unions, state department of 9
Deaf, Kansas state school for the 68
Dental board, Kansas 10
Education, department of 64
Emergency medical services board 92
Emporia state university 75
Fair board, state 99
Fire marshal, state 83
Fort Hays state university 71
Governmental standards and conduct, Kansas commission on 41
Governor's department 29
Grain inspection department, Kansas state 98
Guardianship program, Kansas 62
Healing arts, state board of 7
Health and environment, department of 58
Health care stabilization fund board of governors 35
Hearing aids, Kansas board of examiners in fittingand dispensing of hearing aids 12
Highway patrol, Kansas 85
Historical society, state 69
Human resources, department of 56
Human rights commission, Kansas 42
Indigents' defense services, state board of 38
Insurance department 34
Judicial branch 39
Judicial council 37
Juvenile justice authority 87
Kansas, Inc. 52
Kansas state university 72
Kansas state university extension systems andagriculture research programs 73
Kansas state university veterinary medical center 74
Larned state hospital--youth center at Larned 91
Legislative coordinating council 26
Legislature 27
Library, state 65
Lieutenant governor 30
Lottery, Kansas 49
Mortuary arts, state board of 11
Nursing, board of 14
Ombudsman of corrections 94
Optometry, board of examiners in 15
Parole board, Kansas 84
Pharmacy, state board of 16
Pittsubrg state university 76
Post audit, division of 28
Public employees retirement system, Kansas 40
Racing and gaming commission, Kansas 50
Real estate appraisal board 17
Real estate commission, Kansas 18
Regents, state board of 80
Revenue, department of 48
Revenue, department of--homestead property tax refunds 55
Secretary of state 32
Securities commissioner of Kansas, office of the 19
Sentencing commission, Kansas 93
Social and rehabilitation services, department of 61
Tax appeals, state board of 47
Technical professions, state board of 20
Technology enterprise corporation, Kansas 53
Transportation, department of 105
Treasurer, state 33
University of Kansas 77
University of Kansas medical center 78
Veterans affairs, Kansas commission on 57
Veterinary examiners, state board of 21
Water office, Kansas 102
Wheat commission, Kansas 100
Wichita state university 79
Wildlife and parks, department of 103
Youth center at Atchison 90
Youth center at Beloit 89
Youth center at Topeka 88

455             1997 Session Laws of Kansas           Ch. 123

An Act making and concerning appropriations for the fiscal years ending June 30, 1998, and June 30, 1999, and for state agencies; authorizing certain transfers, capital improve-ment projects and fees, imposing certain restrictions and limitations, and directing or authorizing certain receipts and disbursements and acts incidental to the foregoing; amending K.S.A. 1996 Supp. 79-2959, 79-2964, 79-3425i and 79-34,147 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. (a) For the fiscal years ending June 30, 1998, appropria-tions 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 directed or authorized as provided in this act.

(b) For the fiscal year ending June 30, 1999, appropriations are hereby made, restrictions and limitations are hereby imposed, and trans-fers, capital improvement projects, fees, receipts, disbursements and acts incidental to the foregoing are hereby directed or authorized as provided in sections 2 through 25 of this act.

(c) The appropriations made in sections 2 through 25 of this act shall not be subject to the provisions of K.S.A. 46-155 and amendments thereto.

Sec. 2.

ABSTRACTERS' BOARD OF EXAMINERS

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

Abstracters' fee fund
  For the fiscal year ending June 30, 1998................................ $18,759
  For the fiscal year ending June 30, 1999................................ $19,013

Sec. 3.

BOARD OF ACCOUNTANCY

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

Board of accountancy fee fund
  For the fiscal year ending June 30, 1998............................... $235,870
  For the fiscal year ending June 30, 1999............................... $177,584

Sec. 4.

STATE BANK COMMISSIONER

(a) There is appropriated for the above agency from the following
special revenue fund or funds for the fiscal years specified all moneys
now or hereafter lawfully credited to and available in such fund or funds,

456             1997 Session Laws of Kansas             Ch. 123

except that expenditures other than refunds authorized by law shall not
exceed the following:

Bank commissioner fee fund
  For the fiscal year ending June 30, 1998............................. $3,684,553
Provided, That expenditures from the bank commissioner fee fund for the fiscal year ending
June 30, 1998, for official hospitality shall not exceed $500.
  For the fiscal year ending June 30, 1999............................. $3,842,198
Provided, That expenditures from the bank commissioner fee fund for the fiscal year ending
June 30, 1999, for official hospitality shall not exceed $500.
Bank examination and investigation fund
  For the fiscal year ending June 30, 1998............................... No limit
  For the fiscal year ending June 30, 1999............................... No limit

Sec. 5.

KANSAS BOARD OF BARBERING

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

Barber examiner fee fund
  For the fiscal year ending June 30, 1998............................... $103,212
  For the fiscal year ending June 30, 1999............................... $105,736

Sec. 6.

BEHAVIORAL SCIENCES REGULATORY BOARD

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

Behavioral sciences regulatory board fee fund
  For the fiscal year ending June 30, 1998............................... $363,342
  For the fiscal year ending June 30, 1999............................... $371,612

Sec. 7.

STATE BOARD OF HEALING ARTS

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

Healing arts fee fund
  For the fiscal year ending June 30, 1998............................. $1,634,945
Provided, That expenditures from the healing arts fee fund for the fiscal year ending June
30, 1998, for official hospitality shall not exceed $500.
  For the fiscal year ending June 30, 1999............................. $1,658,279
Provided, That expenditures from the healing arts fee fund for the fiscal year ending June
30, 1999, for official hospitality shall not exceed $500.

Ch. 123             1997 Session Laws of Kansas             457

Sec. 8.

KANSAS STATE BOARD OF COSMETOLOGY

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

Cosmetology fee fund
  For the fiscal year ending June 30, 1998............................... $475,016
Provided, That expenditures shall be made by the above agency from the cosmetology fee
fund for fiscal year 1998 to terminate and cancel any existing contract for the tracking of
continuing education requirements and the above agency is hereby authorized and directed
to terminate and cancel any such contract: Provided further, That no expenditures shall be
made by the above agency from this fund for fiscal year 1998 for entering into any contract
for the tracking of continuing education requirements: And provided further, That the con-
tinuation of any such contract for such tracking is hereby deemed to be not in the best
interest of the citizens of the state of Kansas.
  For the fiscal year ending June 30, 1999............................... $493,822
Provided, That expenditures shall be made by the above agency from the cosmetology fee
fund for fiscal year 1999 to terminate and cancel any existing contract for the tracking of
continuing education requirements and the above agency is hereby authorized and directed
to terminate and cancel any such contract: Provided further, That no expenditures shall be
made by the above agency from this fund for fiscal year 1999 for entering into any contract
for the tracking of continuing education requirements: And provided further, That the con-
tinuation of any such contract for such tracking is hereby deemed to be not in the best
interest of the citizens of the state of Kansas.

Sec. 9.

STATE DEPARTMENT OF CREDIT UNIONS

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

Credit union fee fund
  For the fiscal year ending June 30, 1998............................... $743,054
Provided, That expenditures from the credit union fee fund for the fiscal year ending June
30, 1998, for official hospitality shall not exceed $300: Provided further, That expenditures
from the credit union fee fund for the fiscal year ending June 30, 1998, for moving a financial
examiner from Wichita to Kansas City shall not exceed $3,000.
  For the fiscal year ending June 30, 1999............................... $768,491
Provided, That expenditures from the credit union fee fund for the fiscal year ending June
30, 1999, for official hospitality shall not exceed $300.

Sec. 10.

KANSAS DENTAL BOARD

(a) There is appropriated for the above agency from the following
special revenue fund or funds for the fiscal years specified all moneys
now or hereafter lawfully credited to and available in such fund or funds,

458           1997 Session Laws of Kansas             Ch. 123

except that expenditures other than refunds authorized by law shall not
exceed the following:

Dental board fee fund
  For the fiscal year ending June 30, 1998............................... $194,248
  For the fiscal year ending June 30, 1999............................... $195,495

Sec. 11.

STATE BOARD OF MORTUARY ARTS

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

Mortuary arts fee fund
  For the fiscal year ending June 30, 1998............................... $177,868
  For the fiscal year ending June 30, 1999............................... $186,409

Sec. 12.

KANSAS BOARD OF EXAMINERS IN FITTING AND
DISPENSING OF HEARING AIDS

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

Hearing aid board fee fund
  For the fiscal year ending June 30, 1998................................ $15,514
  For the fiscal year ending June 30, 1999................................ $14,428

Sec. 13.

CONSUMER CREDIT COMMISSIONER

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

Consumer credit fee fund
  For the fiscal year ending June 30, 1998............................... $392,064
Provided, That quarterly transfers of moneys may be made from the consumer credit fee
fund for the fiscal year ending June 30, 1998, to the appropriate account of the restricted
fees fund of Wichita state university pursuant to a contract which is hereby authorized to
be entered into by the consumer credit commissioner and the Kansas council on economic
education of Wichita state university to conduct a consumer credit education program:
Provided further, That any quarterly transfers of moneys from this fund for the fiscal year
ending June 30, 1998, to the appropriate account of the restricted fees fund of Wichita state
university pursuant to such contract shall be in addition to any expenditure limitation im-
posed on this fund for the fiscal year ending June 30, 1998: Provided, however, That the
total amount of such quarterly transfers for the fiscal year ending June 30, 1998, shall not
exceed $70,000: And provided further, That expenditures from the consumer credit fee
fund for the fiscal year ending June 30, 1998, for official hospitality shall not exceed $300.
  For the fiscal year ending June 30, 1999............................... $398,566

Ch. 123           1997 Session Laws of Kansas             459

Provided, That quarterly transfers of moneys may be made from the consumer credit fee
fund for the fiscal year ending June 30, 1999, to the appropriate account of the restricted
fees fund of Wichita state university pursuant to a contract which is hereby authorized to
be entered into by the consumer credit commissioner and the Kansas council on economic
education of Wichita state university to conduct a consumer credit education program:
Provided further, That any quarterly transfers of moneys from this fund for the fiscal year
ending June 30, 1999, to the appropriate account of the restricted fees fund of Wichita state
university pursuant to such contract shall be in addition to any expenditure limitation im-
posed on this fund for the fiscal year ending June 30, 1999: Provided, however, That the
total amount of such quarterly transfers for the fiscal year ending June 30, 1999, shall not
exceed $70,000: And provided further, That expenditures from the consumer credit fee
fund for the fiscal year ending June 30, 1999, for official hospitality shall not exceed $300.

Sec. 14.

BOARD OF NURSING

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

Board of nursing fee fund
  For the fiscal year ending June 30, 1998............................... $994,300
  For the fiscal year ending June 30, 1999............................... $986,191
Gifts and grants fund
  For the fiscal year ending June 30, 1998............................... No limit
  For the fiscal year ending June 30, 1999............................... No limit
Education conference fund
  For the fiscal year ending June 30, 1998............................... No limit
  For the fiscal year ending June 30, 1999............................... No limit

Sec. 15.

BOARD OF EXAMINERS IN OPTOMETRY

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

Optometry fee fund
  For the fiscal year ending June 30, 1998................................ $81,244
  For the fiscal year ending June 30, 1999................................ $82,686

Sec. 16.

STATE BOARD OF PHARMACY

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

State board of pharmacy fee fund
  For the fiscal year ending June 30, 1998............................... $463,017
  For the fiscal year ending June 30, 1999............................... $474,077

460           1997 Session Laws of Kansas             Ch. 123

Sec. 17.

REAL ESTATE APPRAISAL BOARD

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

Appraiser fee fund
  For the fiscal year ending June 30, 1998............................... $176,949
  For the fiscal year ending June 30, 1999............................... $172,490
Federal registry clearing fund
  For the fiscal year ending June 30, 1998............................... No limit
  For the fiscal year ending June 30, 1999............................... No limit

Sec. 18.

KANSAS REAL ESTATE COMMISSION

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

Real estate fee fund
  For the fiscal year ending June 30, 1998............................... $604,958
  For the fiscal year ending June 30, 1999............................... $614,525
Real estate recovery revolving fund
  For the fiscal year ending June 30, 1998............................... No limit
  For the fiscal year ending June 30, 1999............................... No limit

Sec. 19.

OFFICE OF THE SECURITIES COMMISSIONER OF KANSAS

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

Securities act fee fund
  For the fiscal year ending June 30, 1998............................. $1,683,059
Provided, That, in addition to any aggregate expenditure limitation imposed on the securities
act fee fund for the fiscal year ending June 30, 1998, but subject to the following expenditure
limitation imposed thereon, expenditures may be made from the securities act fee fund for
hearing and litigation costs: Provided, however, That expenditures from the securities act
fee fund for the fiscal year ending June 30, 1998, for hearing and litigation costs shall not
exceed $25,000: Provided further, That one or more transfers of money may be made from
the securities act fee fund for the fiscal year ending June 30, 1998, to the appropriate account
of the restricted fees fund of Wichita state university pursuant to a contract which is hereby
authorized to be entered into by the securities commissioner and the Kansas council on
economic education of Wichita state university to conduct a securities and investment ed-
ucation program: And provided further, That such transfer of money from this fund for the
fiscal year ending June 30, 1998, to the appropriate account of the restricted fees fund of
Wichita state university pursuant to such contract shall be in addition to any expenditure
limitation imposed on this fund for the fiscal year ending June 30, 1998: And provided

Ch. 123           1997 Session Laws of Kansas             461

further, That the total amount of such transfers for the fiscal year ending June 30, 1998,
shall not exceed $20,000.
  For the fiscal year ending June 30, 1999............................. $1,703,069
Provided, That, in addition to any aggregate expenditure limitation imposed on the securities
act fee fund for the fiscal year ending June 30, 1999, but subject to the following expenditure
limitation imposed thereon, expenditures may be made from the securities act fee fund for
hearing and litigation costs: Provided, however, That expenditures from the securities act
fee fund for the fiscal year ending June 30, 1999, for hearing and litigation costs shall not
exceed $25,000: Provided further, That one or more transfers of money may be made from
the securities act fee fund for the fiscal year ending June 30, 1999, to the appropriate account
of the restricted fees fund of Wichita state university pursuant to a contract which is hereby
authorized to be entered into by the securities commissioner and the Kansas council on
economic education of Wichita state university to conduct a securities and investment ed-
ucation program: And provided further, That such transfer of money from this fund for the
fiscal year ending June 30, 1999, to the appropriate account of the restricted fees fund of
Wichita state university pursuant to such contract shall be in addition to any expenditure
limitation imposed on this fund for the fiscal year ending June 30, 1999: And provided
further, That the total amount of such transfers for the fiscal year ending June 30, 1999,
shall not exceed $20,000.

Sec. 20.

STATE BOARD OF TECHNICAL PROFESSIONS

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

Technical professions fee fund
  For the fiscal year ending June 30, 1998............................... $402,145
  For the fiscal year ending June 30, 1999............................... $412,803

Sec. 21.

STATE BOARD OF VETERINARY EXAMINERS

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

Veterinary examiners fee fund
  For the fiscal year ending June 30, 1998............................... $216,236
  For the fiscal year ending June 30, 1999............................... $221,612

Sec. 22. Position limitations. The number of full-time and regular
part-time positions equated to full-time, excluding seasonal and tempo-
rary positions, paid from appropriations for the fiscal years specified made
in this or other appropriation act of the 1997 or 1998 regular session of
the legislature for the following agencies shall not exceed the following,
except upon approval of the state finance council:

Abstracters' Board of Examiners
  For the fiscal year ending June 30, 1998...................................... 0
  For the fiscal year ending June 30, 1999...................................... 0

462           1997 Session Laws of Kansas             Ch. 123

Board of Accountancy
  For the fiscal year ending June 30, 1998.................................... 3.0
  For the fiscal year ending June 30, 1999.................................... 3.0
State Bank Commissioner
  For the fiscal year ending June 30, 1998................................... 72.0
  For the fiscal year ending June 30, 1999................................... 72.0
Kansas Board of Barbering
  For the fiscal year ending June 30, 1998.................................... 2.0
  For the fiscal year ending June 30, 1999.................................... 2.0
Behavioral Sciences Regulatory Board
  For the fiscal year ending June 30, 1998.................................... 6.5
  For the fiscal year ending June 30, 1999.................................... 6.5
State Board of Healing Arts
  For the fiscal year ending June 30, 1998................................... 27.0
  For the fiscal year ending June 30, 1999................................... 27.0
Kansas State Board of Cosmetology
  For the fiscal year ending June 30, 1998................................... 10.0
  For the fiscal year ending June 30, 1999................................... 10.0
State Department of Credit Unions
  For the fiscal year ending June 30, 1998................................... 12.0
  For the fiscal year ending June 30, 1999................................... 12.0
Kansas Dental Board
  For the fiscal year ending June 30, 1998.................................... 2.4
  For the fiscal year ending June 30, 1999.................................... 2.4
State Board of Mortuary Arts
  For the fiscal year ending June 30, 1998.................................... 3.0
  For the fiscal year ending June 30, 1999.................................... 3.0
Kansas Board of Examiners in Fitting and Dispensing of Hearing Aids
  For the fiscal year ending June 30, 1998...................................... 0
  For the fiscal year ending June 30, 1999...................................... 0
Consumer Credit Commissioner
  For the fiscal year ending June 30, 1998.................................... 7.0
  For the fiscal year ending June 30, 1999.................................... 7.0
Board of Nursing
  For the fiscal year ending June 30, 1998................................... 16.5
  For the fiscal year ending June 30, 1999................................... 16.5
Board of Examiners in Optometry
  For the fiscal year ending June 30, 1998.................................... 1.0
  For the fiscal year ending June 30, 1999.................................... 1.0
State Board of Pharmacy
  For the fiscal year ending June 30, 1998.................................... 6.0
  For the fiscal year ending June 30, 1999.................................... 6.0
Real Estate Appraisal Board
  For the fiscal year ending June 30, 1998.................................... 3.0
  For the fiscal year ending June 30, 1999.................................... 3.0
Kansas Real Estate Commission
  For the fiscal year ending June 30, 1998................................... 14.0
  For the fiscal year ending June 30, 1999................................... 14.0
Office of the Securities Commissioner of Kansas
  For the fiscal year ending June 30, 1998................................... 26.0
  For the fiscal year ending June 30, 1999................................... 26.0
State Board of Technical Professions
  For the fiscal year ending June 30, 1998.................................... 5.0
  For the fiscal year ending June 30, 1999.................................... 5.0

Ch. 123             1997 Session Laws of Kansas             463

State Board of Veterinary Examiners
  For the fiscal year ending June 30, 1998.................................... 2.0
  For the fiscal year ending June 30, 1999.................................... 2.0

Sec. 23. Kansas quality program. (a) In addition to other expendi-
tures authorized by law, expenditures may be made for fiscal year 1998
or fiscal year 1999, as the case may be, from any account of the state
general fund reappropriated by this act for such fiscal year for any state
agency named in section 22 of this act that is participating in the Kansas
quality program under K.S.A. 1996 Supp. 75-37,115 and amendments
thereto for the following purposes: (1) Quality awards that are salary bo-
nus payments to permanent full-time or regular part-time employees of
the state agency pursuant to subsection (c) of K.S.A. 1996 Supp. 75-
37,115 and amendments thereto at the discretion of the agency head, (2)
purchase or other acquisition of technology equipment which was in-
cluded in the budget estimates for such fiscal year submitted by the state
agency pursuant to K.S.A. 75-3717 and amendments thereto, and (3)
professional development training in support of the Kansas quality pro-
gram: Provided, however, That the total of all such expenditures from
such account of the state general fund for such fiscal year shall not exceed
the amount equal to 50% of the amount of the unencumbered balance
as of the June 30 immediately preceding such fiscal year, in such account
of the state general fund that is reappropriated for such fiscal year and
that is in excess of the amount authorized to be expended for such fiscal
year from such reappropriated balance, as determined by the director of
accounts and reports: Provided further, That, in addition to the limitations
prescribed by K.S.A. 1996 Supp. 75-37,115 and amendments thereto, the
total net amount of any such salary bonus payments to any individual
employee during such fiscal year 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 bal-
ance in any such account for such fiscal year shall be in addition to any
expenditure limitation imposed on expenditures from the reappropriated
balance in any such account for such fiscal year.

(b) In addition to other expenditures authorized by law, expenditures
may be made for fiscal year 1998 or fiscal year 1999, as the case may be,
from any special revenue fund appropriated by this act for such fiscal year
for a state agency named in section 22 of this act that is participating in
the Kansas quality program under K.S.A. 1996 Supp. 75-37,115 and
amendments thereto for the following purposes: (1) Quality awards that
are salary bonus payments to permanent full-time or regular part-time
employees of the state agency pursuant to subsection (c) of K.S.A. 1996
Supp. 75-37,115 and amendments thereto at the discretion of the agency
head, (2) purchase or other acquisition of technology equipment which

464             1997 Session Laws of Kansas             Ch. 123

was included in the budget estimates for such fiscal year submitted by
the state agency pursuant to K.S.A. 75-3717 and amendments thereto,
and (3) professional development training in support of the Kansas quality
program: Provided, That all such expenditures from such fund for such
fiscal year shall be in addition to any expenditure limitation imposed on
such fund or any account thereof for such fiscal year: Provided, however,
That the total amount of such expenditures from such fund for such fiscal
year shall not exceed the amount equal to 50% of the unexpended portion
of the amount authorized to be expended from such fund for the fiscal
year preceding such fiscal year 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, in
addition to the limitations prescribed by K.S.A. 1996 Supp. 75-37,115 and
amendments thereto, the total net amount of any such salary bonus pay-
ments to any individual employee during such fiscal year that are paid
under subsection (a) or this subsection shall not exceed $1,000: And pro-
vided 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) Any unencumbered balance in excess of $100 as of June 30, 1997,
in any Kansas quality management account or KQM expenditures account
of any special revenue fund of any state agency named in section 22 of
this act, which was established under the Kansas quality program under
K.S.A. 1996 Supp. 75-37,115 and amendments thereto or which was ap-
propriated by section 87 of chapter 191 of the 1996 Session Laws of
Kansas and which is not otherwise specifically appropriated or limited by
this or other appropriation act of the 1997 regular session of the legisla-
ture, is hereby appropriated for the fiscal year ending June 30, 1998, and
any unencumbered balance in excess of $100 as of June 30, 1998, is
hereby appropriated for the fiscal year ending June 30, 1999, and may be
expended for fiscal year 1998 or fiscal year 1999, as the case may be, 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 such
fiscal year.

(d) No salary bonus payment paid pursuant to this section during
fiscal year 1998 or 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

Ch. 123             1997 Session Laws of Kansas             465

which that employee may be entitled or for which the employee may
become eligible.

Sec. 24. Savings. (a) Any unencumbered balance in any special rev-
enue fund, or account thereof, of any state agency named in section 22
of this act which is not otherwise specifically appropriated or limited for
fiscal year 1998 by this or other appropriation act of the 1997 or 1998
regular session of the legislature, is hereby appropriated for fiscal year
1998 for the same use and purpose as the same was heretofore appro-
priated.

(b) Any unencumbered balance in any special revenue fund, or ac-
count thereof, of any state agency named in section 22 of this act which
is not otherwise specifically appropriated or limited for fiscal year 1999
by this or other appropriation act of the 1997 or 1998 regular session of
the legislature, is hereby appropriated for fiscal year 1999 for the same
use and purpose as the same was heretofore appropriated.

Sec. 25. Federal grants. (a) Each federal grant or other federal re-
ceipt which is received by a state agency named in section 22 of this act
and which is not otherwise appropriated to that state agency for fiscal
year 1998 by this or other appropriation act of the 1997 or 1998 regular
session of the legislature, is hereby appropriated for fiscal year 1998 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, for fiscal year 1998, until the governor has
authorized the state agency to make expenditures from such federal grant
or other federal receipt for fiscal year 1998.

(b) Each federal grant or other federal receipt which is received by
a state agency named in section 22 of this act and which is not otherwise
appropriated to that state agency for fiscal year 1999 by this or other
appropriation act of the 1997 or 1998 regular session of the legislature,
is hereby appropriated for fiscal year 1999 for that state agency for the
purpose set forth in such federal grant or receipt, except that no expend-
iture 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 gov-
ernor, for fiscal year 1999, until the governor has authorized the state
agency to make expenditures from such federal grant or other federal
receipt for fiscal year 1999.

Sec. 26.

LEGISLATIVE COORDINATING COUNCIL

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

 Legislative coordinating council--operations........................... $517,143

466             1997 Session Laws of Kansas             Ch. 123

Provided, That any unencumbered balance in the legislative coordinating council--opera-
tions account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year
1998.
  Legislative research department--operations.......................... $2,156,931
Provided, That any unencumbered balance in the legislative research department--opera-
tions account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year
1998.
  Office of revisor of statutes--operations............................ $2,035,372
Provided, That any unencumbered balance in the office of revisor of statutes--operations
account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998.

Sec. 27.

LEGISLATURE

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

  Operations (including official hospitality)......................... $10,072,993
Provided, That any unencumbered balance in the operations (including official hospitality)
account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998:
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, when the legislature is not in session, expendi-
tures shall be made from this account for fiscal year 1998 only upon approval pursuant to
specific authorization of the legislative coordinating council pursuant to the majority vote
of five members of the council, except that any approval for any such expenditure from this
account for fiscal year 1998 relating solely to one house of the legislature may be authorized
by the unanimous vote of or other authorization by all of the members of the legislative
coordinating council who are members of such house of the legislature: And provided fur-
ther, That, when the legislature is not in session, any expenditure from this account for fiscal
year 1998 which is not in excess of $2,500 may be approved by either the president of the
senate or the speaker of the house of representatives: And provided further, That in no case
shall any such approval be required for any expenditures from this account for fiscal year
1998 that are authorized by law for expenses, allowances or payrolls for members, members-
elect or employees of the legislature or for expenses or allowances for nonlegislator members
of certain committees, as provided in K.S.A. 46-1209 and amendments thereto and any such
expenditures from this account may be approved as provided in K.S.A. 46-137c, 46-153 or
46-1209 and amendments thereto or as otherwise specifically authorized by statute: And
provided further, That all expenditures for the above agency from this account for fiscal
year 1998 for the following purposes may be made pursuant to vouchers approved by the
chairperson or the vice-chairperson of the legislative coordinating council: (1) Payment for
goods and services provided by state agencies, (2) payment of dues and other expenses
related to membership in national governmental organizations, (3) acquisition of printed

Ch. 123             1997 Session Laws of Kansas             467

material supplies, (4) acquisition of copy machine supplies and rental and lease purchase
payments for copying machines, (5) payment for regular replacement of furniture for leg-
islative offices and committee rooms, and (6) for any payment required to be made to comply
with the provisions of the Kansas prompt payment act which require payment by the 30th
calendar day after the later of either the date of receipt of the goods or services or the date
of the receipt of the bill therefor, in accordance with K.S.A. 75-6403 and amendments
thereto: And provided further, That all such expenditures to comply with the Kansas prompt
payment act shall be reported to 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 cred-
ited 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, when the
legislature is not in session, expenditures shall be made from this fund for fiscal year 1998
only upon approval pursuant to specific authorization of the legislative coordinating council
pursuant to the majority vote of five members of the council, except that any approval for
any such expenditure from this fund for fiscal year 1998 relating solely to one house of the
legislature may be authorized by the unanimous vote of or other authorization by all of the
members of the legislative coordinating council who are members of such house of the
legislature: And provided further, That, when the legislature is not in session, any expend-
iture from this fund for fiscal year 1998 which is not in excess of $2,500 may be approved
by either the president of the senate or the speaker of the house of representatives: And
provided further, That in no case shall any such approval be required for any expenditures
from this fund for fiscal year 1998 that are authorized by law for expenses, allowances or
payrolls for members, members-elect or employees of the legislature or for expenses or
allowances for nonlegislator members of certain committees, as provided in K.S.A. 46-1209
and amendments thereto and any such expenditures from this account may be approved as
provided in K.S.A. 46-137c, 46-153 or 46-1209 and amendments thereto or as otherwise
specifically authorized by statute: And provided further, That all expenditures for the above
agency from this fund for fiscal year 1998 for the following purposes may be made pursuant
to vouchers approved by the chairperson or the vice-chairperson of the legislative coordi-
nating council: (1) Payment for goods and services provided by state agencies, (2) payment
of dues and other expenses related to membership in national governmental organizations,
(3) acquisition of printed material supplies, (4) acquisition of copy machine supplies and
rental and lease purchase payments for copying machines, (5) payment for regular replace-
ment of furniture for legislative offices and committee rooms, and (6) for any payment
required to be made to comply with the provisions of the Kansas prompt payment act which
require payment by the 30th calendar day after the later of either the date of receipt of the

468             1997 Session Laws of Kansas             Ch. 123

goods or services or the date of the receipt of the bill therefor, in accordance with K.S.A.
75-6403 and amendments thereto: And provided further, That all such expenditures to
comply with the Kansas prompt payment act shall be reported to the legislative coordinating
council.

Sec. 28.

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).............. $1,487,118
Provided, That any unencumbered balance in the operations (including legislative post audit
committee) account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal
year 1998.

(b) There is appropriated for the above agency from the following
special revenue fund or funds all moneys now or hereafter lawfully cred-
ited 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 1998 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. 29.

GOVERNOR'S DEPARTMENT

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

  Governor's department................................................ $1,577,142
Provided, That any unencumbered balance in the governor's department account in excess
of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: 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 ex-
penses 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, 1998,

Ch. 123             1997 Session Laws of Kansas             469

by subsection (a) from the state general fund in the governor's depart-
ment account.

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

  Conversion of materials and equipment fund............................. No limit
  Special revenue programs fund.......................................... No limit

Sec. 30.

LIEUTENANT GOVERNOR

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

  Operations.............................................................. $99,307
Provided, That any unencumbered balance in the operations account in excess of $100 as
of June 30, 1997, is hereby reappropriated for fiscal year 1998.

(b) Expenditures may be made by the above agency for travel ex-
penses of the lieutenant governor's spouse when accompanying the lieu-
tenant governor on official state business and for travel and subsistence
expenditures for security personnel when traveling with the lieutenant
governor on official state business from the amount appropriated by sub-
section (a) from the state general fund for the fiscal year ending June 30,
1998, in the operations account.

(c) Expenditures may be made by the above agency for official hos-
pitality from the amount appropriated by subsection (a) from the state
general fund for the fiscal year ending June 30, 1998, in the operations
account, except that such expenditures shall not exceed $2,000.

Sec. 31.

ATTORNEY GENERAL

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

  Operating expenditures............................................... $3,219,655
Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: 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
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 adminis-
tration 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........................................................ $89,000

470             1997 Session Laws of Kansas             Ch. 123

Provided, That any unencumbered balance in the litigation costs account in excess of $100
as of June 30, 1997, is hereby reappropriated for fiscal year 1998.
Additional operating expenditures for investigation and litigation regard-
  ing interstate water rights.......................................... $1,060,000
Provided, That any unencumbered balance in excess of $100 as of June 30, 1997, in the
additional operating expenditures for investigation and litigation regarding interstate water
rights account is hereby reappropriated for fiscal year 1998.

(b) There is appropriated for the above agency from the following
special revenue fund or funds all moneys now or hereafter lawfully cred-
ited 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 $240,233: 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.
  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 1998.
  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

Ch. 123             1997 Session Laws of Kansas             471

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. 1996 Supp. 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 1998 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

Sec. 32.

SECRETARY OF STATE

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

  Operating expenditures............................................... $1,483,967
Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however,
That expenditures from such reappropriated balance shall not exceed $2,461 except upon
approval of the state finance council.
  Official hospitality....................................................... $792
Provided, That any unencumbered balance in the official hospitality account in excess of
$100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however,
That expenditures from such reappropriated balance shall not exceed $1,669 except 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 cred-

472             1997 Session Laws of Kansas             Ch. 123

ited 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
  Prepaid services fund.................................................. No limit
  Athlete agent fee fund................................................. No limit

Sec. 33.

STATE TREASURER

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

  Operating expenditures............................................... $1,838,897
Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided further,
That expenditures from this account for official hospitality shall not exceed $750.
  Banking services....................................................... $300,000

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

  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 sinking
  fund................................................................... No limit
  University of Kansas--satellite student union bond and interest sinking
  fund................................................................... 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

Ch. 123             1997 Session Laws of Kansas             473

Provided, That on or before the fifth day of each month of the fiscal year ending June 30,
1998, 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, 1998, 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, 1998, 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, 1997,
through May 31, 1998, 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

(c) On July 1, 1997, 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 op-
erations of the state treasurer.

Sec. 34.

INSURANCE DEPARTMENT

(a) There is appropriated for the above agency from the following
special revenue fund or funds all moneys now or hereafter lawfully cred-
ited 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......................... $6,228,605
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.

474             1997 Session Laws of Kansas             Ch. 123

  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
  Health care task force grant fund...................................... No limit
  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. 35.

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 cred-
ited 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 therefor as follows:

  Operating expenditures................................................. $833,019
  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. 36. Position limitations. The number of full-time and regular
part-time positions equated to full-time, excluding seasonal and tempo-
rary positions, paid from appropriations for fiscal year 1998 made in this
or other appropriation act of the 1997 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........................................................... 85.8
  Secretary of State......................................................... 56.0
  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

Ch. 123             1997 Session Laws of Kansas             475

seasonal and temporary positions, paid from appropriations made for fiscal year 1998 for
the department of insurance.
  Health Care Stabilization Fund Board of Governors.......................... 16.0

Sec. 37.

JUDICIAL COUNCIL

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

  Operating expenditures................................................. $240,147
Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however,
That expenditures from such reappropriated balance shall not exceed $3,232 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 cred-
ited 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.

(c) 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 1998 made in this or
other appropriation act of the 1997 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

476             1997 Session Laws of Kansas             Ch. 123

Sec. 38.

STATE BOARD OF INDIGENTS' DEFENSE SERVICES

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

  Operating expenditures.............................................. $10,624,274
Provided, That any unencumbered balance in excess of $100 as of June 30, 1997, in the
operating expenditures account is hereby reappropriated to the operating expenditures ac-
count for fiscal year 1998: 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........................................... $1,209,416
  Legal services for prisoners........................................... $415,220
Any unencumbered balance in excess of $100 as of June 30, 1997, in each of the following
accounts is hereby reappropriated for fiscal year 1998: Regional defense delivery system
expansion operations.

(b) There is appropriated for the above agency from the following
special revenue fund or funds all moneys now or hereafter lawfully cred-
ited 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. 39.

JUDICIAL BRANCH

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

  Judiciary operations................................................ $69,516,309
Provided, That any unencumbered balance in the judiciary operations account in excess of
$100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however,
That expenditures from such reappropriated balance shall not exceed $337,430 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

Ch. 123             1997 Session Laws of Kansas             477

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 expenditures may be
made for contracts under subsection (1) of K.S.A. 20-2622 and amendments thereto with
retired judges more than five years after the date of retirement, which contracts are hereby
authorized, notwithstanding the requirements of subsection (2) of K.S.A. 20-2622 and
amendments thereto: And provided further, That expenditures may be made from this
account for an additional full-time equivalent attorney position and an additional full-time
equivalent secretary position in fiscal year 1998, which are in addition to those full-time
equivalent positions approved for the judicial branch in fiscal year 1997: And provided
further, That such additional positions added for fiscal year 1998 shall be unclassified tem-
porary positions: And provided further, That the judicial branch shall report to the legislature
during the 1998 regular session the outcome of its study of judicial branch efficiencies and
shall report to the legislature during the 1998 regular session on how all moneys appropriated
by the legislature during the 1997 regular session above the amount recommended by the
governor are allocated and are being expended during fiscal year 1998.

(b) There is appropriated for the above agency from the following
special revenue fund or funds all moneys now or hereafter lawfully cred-
ited 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 education fund......................................... No limit
  Conversion of materials and equipment fund............................. No limit
  Duplicate law book fund................................................ No limit
  Child support enforcement contractual agreement fund................... No limit
  Bar admission fee fund................................................. No limit
  Court reporter fund.................................................... No limit
  Highway safety act--federal fund--judicial training.................... No limit
  State justice institute--federal grant fund............................ No limit

Sec. 40.

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 cred-
ited 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

478             1997 Session Laws of Kansas             Ch. 123

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 pre-
scribed therefor as follows:

  Agency operations.................................................... $4,604,989
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,
1998.
  Investment related expenses......................................... $20,151,757
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.

Sec. 41.

KANSAS COMMISSION ON GOVERNMENTAL STANDARDS AND CONDUCT

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

  Operating expenditures................................................. $355,066
Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: 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 cred-
ited 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........ $63,378

Sec. 42.

KANSAS HUMAN RIGHTS COMMISSION

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

  Operating expenditures............................................... $1,410,083
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, 1997, is hereby
reappropriated to the operating expenditures account for fiscal year 1998: Provided, how-
ever, That expenditures from this account for official hospitality shall not exceed $150:

Ch. 123             1997 Session Laws of Kansas             479

Provided further, That expenditures from this account for mediation services contracted
with Kansas legal services shall not exceed $100,000: And provided further, That expendi-
tures for such mediation 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 cred-
ited 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. 43.

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 cred-
ited 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 1999 budget estimates for
the state corporation commission submitted pursuant to K.S.A. 75-3717, and amendments

480             1997 Session Laws of Kansas             Ch. 123

thereto, a three-year projection of receipts to and expenditures from the conservation fee
fund for fiscal years 1999, 2000 and 2001.
  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
  Institutional conservation program--federal 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.
  Institutional building and operation fund.............................. No limit
  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, 1998, by the state
corporation commission from the public service regulation fund, the mo-
tor carrier license fees fund and the conservation fee fund shall not ex-
ceed, in the aggregate, $11,984,475.

Sec. 44.

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 cred-
ited 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............................................ $368,345
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

Ch. 123             1997 Session Laws of Kansas             481

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, 1997, October 1, 1997, January 1, 1998, and April 1,
1998, 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. 45.

DEPARTMENT OF ADMINISTRATION

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

  General administration............................................... $1,128,640
Provided, That any unencumbered balance in the general administration account in excess
of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however,
That expenditures for such reappropriated balance shall not exceed $9,801 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.................................... $2,683,876
Provided, That any unencumbered balance in the accounting and reporting services account
in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided,
however, That expenditures from such reappropriated balance shall be made only upon
approval of the state finance council.
  Budget analysis...................................................... $1,300,999
Provided, That any unencumbered balance in the budget analysis account in excess of $100
as of June 30, 1997, is hereby reappropriated for fiscal year 1998: 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 $750.
  Personnel services................................................... $3,042,366
Provided, That any unencumbered balance in the personnel services account in excess of
$100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however,
That expenditures from such reappropriated balance shall be made only upon approval of
the state finance council.
  Purchasing........................................................... $1,254,127
Provided, That any unencumbered balance in the purchasing account in excess of $100 as
of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That

482             1997 Session Laws of Kansas             Ch. 123

expenditures from such reappropriated balance shall be made only upon approval of the
state finance council.
  Architectural services and planning.................................. $1,253,159
Provided, That any unencumbered balance in the architectural services and planning ac-
count in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998:
Provided, however, That expenditures from such reappropriated balance shall not exceed
$531 except upon approval of the state finance council.
  Facilities management................................................ $2,275,968
Provided, That any unencumbered balance in the facilities management account in excess
of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however,
That expenditures from such reappropriated balance shall not exceed $14,953 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.......................................... $275,000
Provided, That any unencumbered balance in the insurance for state buildings account in
excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided,
however, That expenditures from such reappropriated balance shall not exceed $15,000
except upon approval of the state finance council.
  Department of administration systems................................. $5,530,785
Provided, That any unencumbered balance in the department of administration systems
account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998:
Provided, however, That expenditures from such reappropriated balance shall not exceed
$1,894 except upon approval of the state finance council.
  Public broadcasting council operating grants......................... $1,495,977
Provided, That any unencumbered balance in the public broadcasting council operating
grants account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year
1998.
  Public broadcasting capital equipment grants........................... $300,000
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, 1997, is hereby reappropriated for fiscal year 1998.
  Policy analysis initiatives............................................ $130,747
Provided, That any unencumbered balance in the policy analysis initiatives account in excess
of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998.
  Performance review board............................................... $231,669

(b) There is appropriated for the above agency from the following
special revenue fund or funds all moneys now or hereafter lawfully cred-
ited 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:

Ch. 123             1997 Session Laws of Kansas             483

  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.............................................. $0
  Building and ground fund............................................... $232,228
  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 pro-
vided further, That such fees shall be fixed in order to recover all or part of such operating
expenses: And provided further, That all moneys received for such fees 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

484             1997 Session Laws of Kansas             Ch. 123

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
  Central mail services 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...................................... $11,115,831
  Data processing fund................................................... No limit
Provided, That expenditures may be made from the data processing fund to provide data
processing services to other state agencies by the division of information systems and com-
munications: Provided further, That the secretary of administration is hereby authorized to
fix, charge and collect fees for data processing 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.
  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................................... $866,106

Ch. 123             1997 Session Laws of Kansas             485

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.............................................. $2,683,013
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.
  Cancelled warrants payment fund........................................ No limit
  Executive mansion gifts fund........................................... No limit
  Veterans memorial fund................................................. No limit
  State agency unemployment claims audit 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-

486             1997 Session Laws of Kansas             Ch. 123

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
  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
  Federal grant contracts 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 $408,696.
  Benefits analysis program fund......................................... No limit
  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
  Certificates of participation 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 statewide
  cost allocation plan clearing fund..................................... No limit
  Medicare fund clearing account......................................... No limit
  State leave payment reserve fund....................................... No limit

(c) On July 1, 1997, 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 1998 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 1998 for such projects and the
amount of all such fees payable from such accounts and funds for fiscal
year 1998 for such projects. Upon receipt of such certification, the direc-
tor of accounts and reports shall transfer from the appropriation accounts

Ch. 123             1997 Session Laws of Kansas             487

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 amend-
ments thereto.

(d) On July 1, 1997, 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 transportation.

(e) On July 1, 1997, the director of accounts and reports shall transfer
$440,000 from the cafeteria benefits fund to the benefits analysis program
fund.

(f) The secretary of administration is authorized to approve refinanc-
ing of equipment being financed by state agencies through the depart-
ment's equipment financing program. Such project is approved for the
purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto.

(g) On July 1, 1997, or as soon thereafter as moneys are available, the
director of accounts and reports shall transfer an amount requested by
the director of facilities management from the building and ground fund
to the state buildings operating fund.

(h) On July 1, 1997, or as soon thereafter as moneys are available,
the director of accounts and reports shall transfer energy conservation
savings of $144,360 from the state buildings operating fund to the state
general fund.

(i) On June 15, 1998, or as soon thereafter as moneys are available,
the director of accounts and reports shall transfer $382,654 from the
architectural services recovery fund to the Kansas educational building
fund.

(j) On the effective date of this act or as soon thereafter as specified
by the secretary of administration, 2.0 full-time equivalent employees of
the department of administration who are engaged in the exercise and
administration of the powers, duties and functions of the workplace health
and safety program of the department of administration shall be trans-
ferred to the department of human resources. The secretary of the de-
partment of human resources shall provide that the 2.0 full-time equiv-
alent employees of the department of administration who are engaged in
the exercise and administration of the powers, duties and functions of the
workplace health and safety program of the department of administration
are transferred to the department of human resources. The employees of
the department of administration who are transferred to the department
of human resources shall retain all retirement benefits and leave rights
which had accrued or vested prior to the date of the transfer. The service
of each such employee so transferred shall be deemed to have been con-
tinuous. All transfers, layoffs and abolition of classified service positions

488             1997 Session Laws of Kansas             Ch. 123

under the Kansas civil service act which may result from program trans-
fers shall be made in accordance with the civil service laws and any rules
and regulations adopted thereunder. Nothing in this subsection shall af-
fect the classified status of any transferred person employed by the de-
partment of administration prior to the date of the transfer. If the de-
partment of human resources and the department of administration
cannot agree as to how the transfer of personnel is to take place, the
department of human resources shall be responsible for administering
any layoff that is a part of the transfer. Notwithstanding the effective date
of this subsection authorizing the transfer of personnel between the de-
partment of human resources and the department of administration, the
date of the transfer of personnel shall commence at the start of a payroll
period.

(k) (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, 1998, as authorized by this or other
appropriation act of the 1997 regular session of the legislature, expendi-
tures may be made by the above agency from closure term life insurance
fund for fiscal year 1998 for the following, which the secretary of admin-
istration is hereby authorized to provide from the closure term life in-
surance fund:

(A) The death benefits authorized by K.S.A. 1996 Supp. 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 com-
pensation 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.
1996 Supp. 75-4373, and amendments thereto; and

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

(2) During the fiscal year ending June 30, 1998, upon request of the
secretary of administration, the director of accounts and reports shall
make periodic transfers of moneys during fiscal year 1998 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 reha-
bilitation services to the closure term life insurance fund of the depart-
ment of administration.

(3) During the fiscal year ending June 30, 1998, 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 sub-
section, the director of accounts and reports shall transfer an amount

Ch. 123             1997 Session Laws of Kansas             489

equal to the insufficiency from the state general fund to the closure term
life insurance fund.

Sec. 46. Position limitations. The number of full-time and regular
part-time positions equated to full-time, excluding seasonal and tempo-
rary positions, paid from appropriations for the fiscal year ending June
30, 1998, made in this or other appropriation act of the 1997 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.................................. 77.0
  Kansas Commission on Governmental Standards and Conduct..................... 9.0
  Kansas Human Rights Commission............................................. 37.0
  State Corporation Commission.............................................. 212.0
  Citizens' Utility Ratepayer Board........................................... 2.0
  Department of Administration.............................................. 851.4

Sec. 47.

STATE BOARD OF TAX APPEALS

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

  Operating expenditures............................................... $1,404,171
Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however,
That expenditures from such reappropriated balance shall not exceed $215,153 except 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 cred-
ited to and available in such fund or funds, except that expenditures other
than refunds authorized by law shall not exceed the following:

  Duplicating fees fund.................................................. No limit

Sec. 48.

DEPARTMENT OF REVENUE

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

  Operating expenditures.............................................. $27,846,040
Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: 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 salaries
and wages of employees in the property valuation division shall not exceed $3,111,320.

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

  Sand royalty fund...................................................... No limit
  Division of vehicles operating fund................................. $28,850,255
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 $16,830,473: And pro-

490             1997 Session Laws of Kansas             Ch. 123

vided further, That expenditures from this fund for salaries and wages of employees in the
property valuation division shall not exceed $345,701: And provided further, That any ex-
penditure 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 ex-
penditure limitation imposed on the division of vehicles operating fund for the fiscal year
ending June 30, 1998.
  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............................................ $366,786
  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 pursuant to K.S.A. 1996 Supp. 79-1478a........... No limit
  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

Ch. 123             1997 Session Laws of Kansas             491

  Sales tax refund fund.................................................. No limit
  Compensating tax refund fund........................................... No limit
  Alcoholic liquor tax refund fund....................................... No limit
  Cigarette/tobacco products regulation fund.............................. $60,000
  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 sales
  tax.................................................................... 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.......................................... No limit
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, 1997, October 1, 1997, January 1, 1998, and April 1,
1998, the director of accounts and reports shall transfer $7,075,000 from
the state highway fund of the department 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, 1997, the director of accounts and reports shall
transfer $100,000 from the accounting services recovery fund of the de-
partment 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, 1997, the director of accounts and reports shall
transfer $59,215 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 ad-

492             1997 Session Laws of Kansas             Ch. 123

ministrative expenses of child support enforcement activities under the
agreement.

(f) On August 1, 1997, and on the first day of each month thereafter
during fiscal year 1998, the secretary of revenue shall report to the di-
rector of the budget and the director of the legislative research depart-
ment (1) the amount of any increase in the amount of taxes, interest and
penalties collected in the immediately preceding month that is attribut-
able to the implementation of the automated tax systems authorized by
K.S.A. 75-5147 and amendments 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 en-
tered into under K.S.A. 75-5147 and amendments thereto for the acqui-
sition or implementation of such automated tax systems. Upon receipt of
each such report from the secretary 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 re-
quired 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, 1997, January 10, 1998, and April 10, 1998, 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 re-
search department, the chairperson of the house committee on appro-
priations 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. 49.

KANSAS LOTTERY

(a) There is appropriated for the above agency from the following
special revenue fund or funds all moneys now or hereafter lawfully cred-
ited 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............................................... $8,171,243
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, 1998.

(b) Notwithstanding K.S.A. 74-8711 and amendments thereto,
monthly transfers made from the lottery operating fund to the state gam-

Ch. 123             1997 Session Laws of Kansas             493

ing revenue fund pursuant to subsection (d) of K.S.A. 74-8711 and
amendments thereto shall be an amount equal to not less than 31.25%
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, 1997, to the fiscal year commencing on July 1,
1997.

(d) Notwithstanding any other provision in law, no transfers shall be
made during fiscal year 1998 to any fund of the Kansas bureau of inves-
tigation for any purpose. All payments for services provided by the Kansas
bureau of investigation shall be paid by the Kansas lottery in accordance
with subsection (b) of K.S.A. 75-5516, and amendments thereto, pursuant
to bills which are presented in a timely manner by the Kansas bureau of
investigation for services rendered. Any expenditure from the lottery op-
erating fund to reimburse the Kansas bureau of investigation for profes-
sional 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, 1998.

Sec. 50.

KANSAS RACING AND GAMING COMMISSION

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

  State racing operations................................................ $705,637
Provided, That moneys in the state racing operations account shall be expended to pay
salaries and wages of Kansas racing and gaming commission employees working at race
tracks located in Kansas City and Wichita: Provided further, That, notwithstanding provi-
sions of subsection (d) of K.S.A. 74-8826 and amendments thereto, expenditures of moneys
appropriated from the state general fund on and after January 15, 1990, shall not be con-
sidered a loan for the purposes of computing interest as provided in subsection (e) of K.S.A.
74-8826 and amendments thereto: And provided further, That no interest shall be assessed
or charged on amounts lawfully expended from moneys appropriated from the state general
fund for operating expenditures of the Kansas racing and gaming commission as authorized
in this subsection.

(b) There is appropriated for the above agency from the following
special revenue fund or funds all moneys now or hereafter lawfully cred-
ited 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.................................................... $2,003,453
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, 1998.

494             1997 Session Laws of Kansas             Ch. 123

  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......................................... $400,000
  Tribal gaming fund..................................................... No limit

(c) On July 1, 1997, the director of accounts and reports shall transfer
$434,676 from the state general fund to the tribal gaming fund of the
Kansas racing and gaming commission.

(d) During the fiscal year ending June 30, 1998, the director of ac-
counts 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 transfers 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 1998 for any ar-
bitration or litigation in connection with the administration and enforce-
ment of tribal-state gaming compacts or the provisions of the tribal gam-
ing oversight act, from (2) the aggregate of the amounts transferred to
the tribal gaming fund of the Kansas racing and gaming commission dur-
ing fiscal year 1998 for the operating expenditures for the state gaming
agency and any other expenses incurred in connection with the admin-
istration and enforcement of tribal-state gaming compacts or the provi-
sions of the tribal gaming oversight act.

(e) 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 ren-
dered. Any expenditure from the state racing fund to reimburse the Kan-
sas 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 fund for the
fiscal year ending June 30, 1998.

(f) In addition to the other purposes for which expenditures may be
made from the moneys appropriated in the tribal gaming fund for fiscal
year 1998 for the Kansas racing and gaming commission by this or other
appropriation act of the 1997 regular session of the legislature, expendi-
tures may be made from the tribal gaming fund for fiscal year 1998 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 con-

Ch. 123             1997 Session Laws of Kansas             495

ducting investigations of violations of tribal-state gaming compacts, in-
vestigations of criminal violations of the laws of this state at tribal gaming
facilities, criminal violations of the tribal gaming oversight act, and inves-
tigations of other criminal activities related to tribal gaming, which are
hereby authorized.

(g) On the effective date of this act, the director of accounts and
reports shall transfer $253,195 from the KBI general fees fund of the
Kansas bureau of investigation to the state gaming revenues fund for the
purpose of reimbursing the state for transfers in excess of amounts re-
quired to be transferred that were made from the Kansas lottery and
from the Kansas gaming and racing commission to the Kansas bureau of
investigation.

(h) On July 1, 1997, the director of accounts and reports shall transfer
$200,000 from the horse fair racing benefit fund to the state racing fund
for the purpose of reimbursing the state racing and gaming commission
for previous expenditures to subsidize county fair parimutuel racing.

Sec. 51.

DEPARTMENT OF COMMERCE AND HOUSING

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

  State operations..................................................... $1,962,487
Provided, That any unencumbered balance in the state operations account in excess of $100
as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That
expenditures from such reappropriated balance shall not exceed $3,990 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 cred-
ited 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
  Conference registration and disbursement fund.......................... No limit
  Linger longer program 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-

496             1997 Session Laws of Kansas             Ch. 123

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.
  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 loan
  account................................................................ 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
  Coal commission contribution 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.
  SKILL program services fund............................................ No limit
  SKILL program repayment fund........................................... No limit

Ch. 123             1997 Session Laws of Kansas             497

  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
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 state economic development initiatives fund
may be made only for the purposes specifically authorized by this or other appropriation
act.
  Micro-loan program repayment fund...................................... No limit
Provided, That expenditures may be made from the micro-loan program repayment 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 micro-
loan program: Provided further, That all moneys received by the department of commerce
and housing for repayment of loans made under the micro-loan program shall be deposited
in the state treasury and credited to this fund.
  General fees fund...................................................... No limit
  Agricultural development program fund.................................. No limit
Provided, That expenditures may be made from the agricultural development program 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 agri-
cultural development program: Provided further, That all moneys received by the depart-
ment of commerce and housing for repayment of loans made under the agricultural devel-
opment program shall be deposited in the state treasury and credited to this fund.
  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 development initiatives fund for the following specified pur-
poses: 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
follows:

498             1997 Session Laws of Kansas             Ch. 123

  Capital formation account.................................................... $0
  Kansas economic development research and development account................. $0
  Kansas economic development endowment account....................... $13,995,475
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 development endowment account of the state economic de-
velopment initiatives fund for the following specified purposes: Provided,
That expenditures from the Kansas economic development 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).................... $8,170,875
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 accor-
dance 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 $50,000 shall be expended by the above agency from this subaccount for a study and
development of a strategic tourism plan: And provided further, That such study shall: (1)
Analyze the strengths, weaknesses, opportunities and threats that face development of Kan-
sas tourism; (2) address the interrelationship between public and private sector efforts in
developing Kansas tourism; (3) address the interrelationship between state and local inter-
ests in developing Kansas tourism; (4) make specific recommendations for the attraction,
development and improvement of tourism in Kansas; and (5) be completed by January 1,
1998: And provided further, That a report on such study's results and the recommendations
derived therefrom, including the strategic tourism plan, shall be presented to the house of
representatives committee on tourism, senate committee on transportation and tourism,
house of representatives committee on appropriations, senate committee on ways and means
and to the governor during the 1998 regular session of the legislature.
Kansas industrial training program and Kansas industrial retraining
  program.............................................................. $3,250,000
  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........................................... $270,000
  Strategic action grants................................................. $85,000
  Community capacity building grant program.............................. $165,000
  Mainstreet development grants.......................................... $200,000
  Tourism grants......................................................... $479,600

Ch. 123             1997 Session Laws of Kansas             499

  Training equipment grant............................................... $250,000
Provided, That all expenditures from the training equipment grant program subaccount of
the Kansas economic development endowment account of the state economic development
initiatives fund shall be for grants to community colleges, area vocational schools and area
vocational-technical schools: Provided further, That no grant under the training equipment
grant program shall be awarded by the secretary of commerce and housing without the
approval of the board of directors of the Kansas technology enterprise corporation.
  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 accor-
dance with repayment provisions and other terms and conditions as may be prescribed by
the secretary therefor under the Kansas existing industry expansion program.
  Mid-America world trade center located in Wichita, KS................... $50,000
  High performance incentive grants....................................... $75,000
  Micro-loan grants............................................................ $0
Provided, That of the unencumbered balance as of June 30, 1997, in the micro-loan grants
subaccount of the Kansas economic development endowment account of the state economic
development initiatives fund, the sum of $200,000 is hereby lapsed: Provided further, That
expenditures may be made from the micro-loan grants 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 accordance with such repayment provisions and other
terms and conditions as may be prescribed by the secretary therefor under the micro-loan
program.
  Railroad mitigation grants................................................... $0

(e) On August 15, 1997, and December 15, 1997, the director of
accounts and reports shall transfer $2,000,000 from the Kansas economic
development account of the state economic 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, 1998,
for (1) the services provided under the low-income housing tax credit
program, private activity bond program, mortgage certificates/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 purposes of programs and activities of the
department of commerce and housing and for which fees are not specif-
ically 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 spe-
cifically 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 com-
merce and housing, including those provided at tourist information cen-

500             1997 Session Laws of Kansas             Ch. 123

ters: Provided, That such fees shall be fixed in order to recover all or part
of the operating expenses incurred in providing such services, confer-
ences, publications and items, advertising and other economic develop-
ment activities and services provided under economic development pro-
grams 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 1998, in accordance with the provisions of this
act or any appropriation act of the 1997 regular session of the legislature,
for operating expenses incurred in providing such services, conferences,
publications and items, advertising, programs and activities and for op-
erating expenses incurred in providing similar economic development ac-
tivities and services provided 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 en-
dowment account of the state economic development initiatives fund for
fiscal year 1998, expenditures may be made by the above agency from
the unencumbered balance as of June 30, 1997, in the rehabilitation and
repair subaccount of the Kansas economic development endowment ac-
count of the state economic development initiatives fund for fiscal year
1998 for the following capital improvement project or pro-
jects: Rehabilitation and repair-travel information centers: Provided,
That such expenditures shall not exceed the amount of the unencum-
bered balance in such subaccount on June 30, 1997: Provided further,
That all expenditures from the unencumbered balance of such subac-
count 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
1998.

(h) On August 15, 1997, and December 15, 1997, the director of
accounts and reports shall transfer $350,000 from the Kansas economic
development endowment account of the state economic development
initiatives fund to the Kansas existing industry expansion program.

Sec. 52.

KANSAS, INC.

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

  Kansas, Inc............................................................ $162,620
Provided, That any unencumbered balance in the Kansas, Inc. account in excess of $100 as
of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That
expenditures from such reappropriated balance shall not exceed $1,574 except upon ap-

Ch. 123             1997 Session Laws of Kansas             501

proval of the state finance council: Provided further, That expenditures from this account
for the school/performance study shall not exceed $64,620.

(b) There is appropriated for the above agency from the following
special revenue fund or funds all moneys now or hereafter lawfully cred-
ited 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.............................................................. $224,996
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 EDIF fund may be made only for the purposes
specifically authorized by this or other appropriation act.
  Conversion of materials and equipment fund............................. No limit

(c) On July 15, 1997, or as soon thereafter as moneys are available,
the director of accounts and reports shall transfer $160,376 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. 53.

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 cred-
ited 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.................. $13,299,065
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 economic development research and devel-
opment fund are hereby authorized only for the purposes specifically authorized by this or
other appropriation act.
  MAMTC federal fund..................................................... No limit
  KTEC special revenue fund.............................................. No limit

(b) Expenditures may be made by the above agency from the eco-
nomic development research and development fund for the following
specified purposes: Provided, That expenditures from the economic de-
velopment research and development fund other than refunds authorized
by law for the following specified purposes shall not exceed the limitations
prescribed therefor as follows:

  Operations, assistance and grants (including official hospitality).. $13,491,281

(c) On July 15, 1997, or as soon thereafter as moneys are available,

502             1997 Session Laws of Kansas             Ch. 123

the director of accounts and reports shall transfer $1,107,435 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 Kan-
sas technology enterprise corporation.

(d) On August 15, 1997, and on the 15th day of each month thereafter
during the fiscal year ending June 30, 1998, or as soon after each such
date as moneys are available, the director of accounts and reports shall
transfer $1,108,330 from the Kansas economic development endowment
account of the state economic development initiatives fund of the de-
partment of commerce and housing to the economic development re-
search and development fund of the Kansas technology enterprise
corporation.

(e) No moneys appropriated for the fiscal year ending June 30, 1998,
by this or other appropriation act of the 1997 regular session of the leg-
islature for the Kansas technology enterprise corporation shall be ex-
pended 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. 54. Position limitations. (a) The number of full-time and regular
part-time positions equated to full-time, excluding seasonal and tempo-
rary positions, paid from appropriations for fiscal year 1997 made in this
or other appropriation act of the 1996 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................................................... 1,190.5
Provided, That, within the limitation on the number of full-time and regular part-time
positions equated to full-time, excluding seasonal and temporary positions, established for
the department of revenue, the number of full-time and regular part-time positions equated
to full-time, excluding seasonal and temporary positions, in the division of property valuation
shall not exceed 78.0 full-time equivalent positions.
  Kansas Lottery............................................................. 95.0
  Kansas Racing and Gaming Commission--state racing operations............... 39.0
  Kansas Racing and Gaming Commission--state gaming agency................... 13.0
  Department of Commerce and Housing........................................ 134.0

Sec. 55.

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, 1997, is hereby reappropriated for fiscal year 1998.

Ch. 123             1997 Session Laws of Kansas             503

Sec. 56.

DEPARTMENT OF HUMAN RESOURCES

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

  Operating expenditures............................................... $1,489,711
Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however,
That expenditures from such reappropriated balance shall not exceed $23,490 except upon
approval of the state finance council: 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, 1998, 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 amend-
ments thereto: And provided further, That expenditures from this account for official hos-
pitality by the secretary of human resources 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 cred-
ited 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...................................... $7,430,014
  Conversion of materials and equipment fund................................... $0
  Occupational health and safety--federal fund........................... $368,731
  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 $55,316: Pro-
vided further, That expenditures may be made from the special employment security fund
for the targeted jobs tax credit program: And provided further, That expenditures from this
fund for the targeted jobs tax credit program shall not exceed $200,000.
  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-A non-state operations fund.............................. No limit
  JTPA title II-A state operations fund.................................. No limit
  JTPA title II-B non-state operations fund.............................. No limit
  JTPA title II-B state operations fund.................................. No limit
  JTPA title II-C non-state operations fund.............................. No limit
  JTPA title II-C 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
  Occupational information system--federal fund.......................... $106,236
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

504             1997 Session Laws of Kansas             Ch. 123

  Federal indirect cost offset fund...................................... $277,669
  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
  One stop career center system fund..................................... No limit

Sec. 57.

KANSAS COMMISSION ON VETERANS AFFAIRS

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

  Operating expenditures--veterans affairs............................. $1,485,507
Provided, That any unencumbered balance in the operating expenditures--veterans affairs
account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998:
Provided, however, That expenditures from such reappropriated balance shall not exceed
$4,233 except upon approval of the state finance council.
  Operating expenditures--Kansas soldiers' home........................ $1,125,652
Provided, That any unencumbered balance in the operating expenditures--Kansas soldiers'
home account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year
1998: Provided, however, That expenditures from such reappropriated balance shall not
exceed $29,488 except upon approval of the state finance council.
  Winfield state hospital and training center acquisition.............. $2,500,000

(b) There is appropriated for the above agency from the following
special revenue fund or funds all moneys now or hereafter lawfully cred-
ited 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 veterans affairs fund.............................. $82,000
  Soldiers' home fee fund.............................................. $3,379,876
  Benefit and gift fund.................................................. No limit
  Winfield veterans home acquisition and construction fund............... No limit

Sec. 58.

DEPARTMENT OF HEALTH AND ENVIRONMENT

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

  Salaries and wages.................................................. $13,508,673
Provided, That any unencumbered balance in the salaries and wages account in excess of
$100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however,
That expenditures from such reappropriated balance shall be made only upon approval of
the state finance council: Provided further, That expenditures shall be made from this ac-
count for purposes of a reorganization and reassignment of duties and staff within the
division of environment of the department of health and environment, which reorganization
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.

Ch. 123             1997 Session Laws of Kansas             505

  Other operating expenditures (including official hospitality)........ $4,289,347
Provided, That any unencumbered balance in the other operating expenditures (including
official hospitality) account in excess of $100 as of June 30, 1997, is hereby reappropriated
for fiscal year 1998: Provided, however, That expenditures from such reappropriated balance
shall not exceed $100,000 except upon approval of the state finance council.
  Cherokee county superfund match......................................... $85,941
  Vaccine purchases...................................................... $800,000
  Child care licensing operating expenditures............................ $609,791
  Infant and toddler program............................................. $496,000
  Aid to local units................................................... $4,642,281
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.
  Aid to local units--primary health projects.......................... $1,428,000
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................................... $558,531
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..................................... $96,000
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.

(b) There is appropriated for the above agency from the following
special revenue fund or funds all moneys now or hereafter lawfully cred-
ited 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.............................................. $300,054
  Air quality fee fund................................................. $3,723,926
  Title XIX fund....................................................... $4,003,885
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............................................ $2,000

506             1997 Session Laws of Kansas             Ch. 123

  Hazardous waste collection fund......................................... $37,500
  Driving under the influence equipment fund............................. No limit
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..................................... $136,568
  Breast and cervical cancer program and detection fund.................. No limit
Provided, That expenditures from the breast and cervical cancer program and detection
fund for salaries and wages shall not exceed $133,227.
  Health and environment training fee fund............................... No limit
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.......................................... $0
  Food service inspection reimbursement fund............................. No limit
  Mined-land conservation and reclamation fee fund........................ $90,347
  Insurance statistical plan fund........................................ $298,057
Provided, That expenditures from the insurance statistical plan fund for salaries and wages
shall not exceed $149,057.
  Solid waste management fund.......................................... $5,387,791
  Public water supply fee fund........................................... $207,426
  Storage tank fee fund................................................... $88,725
  Conversion of materials and equipment fund............................. No limit
  Nuclear safety emergency preparedness special revenue fund............. $219,615
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.......................................... $217,293
  Waste tire management fund........................................... $1,201,433
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 1998 or $200,000, whichever amount is less.
  Health and environment publication fee fund............................ No limit
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................................................. No limit
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............ $22,795
  Environmental response fund.......................................... $1,246,735
  Remediation projects fund............................................... $59,059
Provided, That expenditures from the remediation projects fund shall be made only for the

Ch. 123             1997 Session Laws of Kansas             507

purpose of paying federal match requirements at the Cherokee county superfund site: Pro-
vided further, That, on June 30, 1998, the director of accounts and reports shall transfer all
moneys in the remediation projects fund to the state general fund: And provided further,
That, on June 30, 1998, all liabilities of the remediation projects fund are hereby transferred
to and imposed upon the state general fund and the remediation projects fund is hereby
abolished.
  Mined-land reclamation fund............................................ $120,000
  Water plan special revenue fund...................................... $4,053,398
  Adult care licensing revolving fund.................................... No limit
  Sponsored project overhead fund...................................... $3,306,428
  Federal cancer registry fund........................................... $455,716
  Clinical laboratory improvement amendments--federal fund............... $217,749
  Child care and development block grant--federal fund................... $708,945
  Office of rural health--federal fund......................................... $0
  EPA--core support fund................................................. $389,876
  Medicare fund--federal............................................... $2,125,039
Provided, That any transfers of moneys from the medicare fund--federal 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 environment and the state fire marshal to provide fire and safety inspections for
adult care homes and hospitals.
  Federal migrant health program fund.................................... $379,000
  Venereal disease control project fund--federal......................... No limit
Provided, That expenditures from the venereal disease control project fund--federal for
state operations shall not exceed $389,818: Provided further, That expenditures from this
fund for salaries and wages shall not exceed $185,524.
  Disease prevention and health promotion federal grants fund.......... $1,732,839
Provided, That no moneys from any grant 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 the disease prevention and health promotion federal grants fund:
Provided further, That transfers or payments from this fund to other state agencies shall be
in addition to any expenditure limitation placed on this fund: And provided further, That
expenditures from the disease prevention and health promotion federal grants fund for state
operations shall not exceed $1,556,569.
  Federal air quality program fund....................................... $916,671
  Federal women, infants and children health program fund............. $43,011,646
Provided, That expenditures from the federal women, infants and children health program
fund for state operations shall not exceed $2,511,646.
  Federal occupational health and safety statistics program fund......... $147,468
  EPA water related federal grants fund.................................. $945,261
Provided, That no moneys from any grant 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 the EPA water related federal grants fund.
  Other federal grants fund............................................ $1,065,238
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 $150,000 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 $150,000 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: Provided further, That

508             1997 Session Laws of Kansas             Ch. 123

transfers or payments from this fund to other state agencies shall be in addition to any
expenditure limitation placed on this fund.
  Federal chemical emergency preparedness assistance fund................ $112,763
Provided, That all expenditures from the federal chemical emergency preparedness assis-
tance fund shall be in accordance with a grant agreement entered into by the secretary of
health and environment and each grant recipient: Provided further, That such grant agree-
ment shall require the grant recipient or recipients to provide any matching amount of
moneys necessary to meet any federal matching requirements: And provided further, That
no expenditures shall be made from this fund for state operations.
  State legalization impact assistance grant fund......................... $34,963
  Water supply fund--federal........................................... $1,010,535
  Immunization grant funds--federal fund................................. No limit
Provided, That expenditures from the immunization grant funds--federal fund for salaries
and wages shall not exceed $537,672.
  Diagnostic X-ray program--federal fund................................. $108,248
  Title I--P.L. 99-457 child development--federal fund................. $2,872,593
  Resource conservation and recovery act--federal fund................. $1,189,277
  Preventive health and health services block grant fund............... $1,298,758
Provided, That expenditures from the preventive health and health services block grant fund
for state operations shall not exceed $787,289: Provided further, That transfers or payments
from this fund to other state agencies shall be in addition to any expenditure limitation
placed on this fund.
  Maternal and child health services block grant fund.................. $5,077,876
Provided, That expenditures from the maternal and child health services block grant fund
for state operations shall not exceed $2,854,734: Provided further, That transfers or pay-
ments from this fund to other state agencies shall be in addition to any expenditure limitation
placed on this fund.
  National center for health statistics fund--federal.................... $191,005
  Federal EPA underground injection control fund......................... $143,304
  Federal EPA 106 water pollution control fund........................... $758,024
  Federal title X family planning fund................................. $1,568,203
Provided, That expenditures from the federal title X family planning fund for state operations
shall not exceed $211,583.
  Pregnancy nutrition surveillance--federal fund.......................... $51,903
  Radiological environmental cooperative monitoring--federal fund......... $10,500
  Early childhood developmental services--federal fund.................... $53,911
  104(6)(1) outreach operator training program--federal fund.............. $60,000
  Underground storage tank fund--federal................................. $167,826
  AIDS project--education and risk reduction--federal fund............. $1,711,651
Provided, That expenditures from the AIDS project--education and risk reduction--federal
fund for state operations shall not exceed $603,461: Provided further, That transfers or
payments from this fund to other state agencies shall be in addition to any expenditure
limitation placed on this fund.
  Commodity supplemental food program fund............................... $435,292
  Special child clinic program--federal fund............................... $7,000
  Make a difference information network--federal fund.................... $205,353
  Census of traumatic occupational fatalities--federal fund............... $75,621
  AIDS drug reimbursement program--federal fund.......................... No limit
  Leaking underground storage tank trust--federal fund................. $2,533,249
  National surface mining control and reclamation act--federal fund....... $96,843
  Abandoned mined-land fund............................................ $2,465,471
  State indoor radon grant--federal fund.................................. $19,333

Ch. 123             1997 Session Laws of Kansas             509

  EPA non-point source implementation--federal fund.................... $1,781,230
  Pollution prevention program--federal fund............................. $126,200
  Federal NICE3 public utility grant fund................................ $425,000
  Medical student loan repayment--federal fund................................. $0
Provided, That expenditures from the medical student loan repayment--federal fund shall
be made only for the purpose of matching local grant moneys for repayment of student
loans: Provided further, That the amount of local match moneys shall be in the amount
necessary to meet any federal match requirements.
  Gifts, grants and donations fund..................................... $1,512,739
  Hazardous waste perpetual care trust fund.................................... $0
  Special bequest fund.................................................... $60,000
  Aboveground petroleum storage tank release trust fund................ $1,417,686
  Underground petroleum storage tank release trust fund............... $19,996,713
  Drycleaning facility release trust fund.............................. $1,310,254
Provided, That expenditures from the drycleaning facility release trust fund for salaries and
wages shall not exceed $108,011.
  Public water supply loan fund.......................................... No limit
  Kansas water pollution control revolving fund.......................... No limit
Provided, That the proceeds from revenue bonds issued by the Kansas development finance
authority to provide matching grant payments under the federal clean water act of 1987
(P.L. 92-500) shall be credited to the Kansas water pollution control revolving fund: Pro-
vided further, That expenditures from this fund shall be made to provide for the payment
of such matching grants.
Cost of issuance fund for Kansas water pollution control revolving fund
  revenue bonds.......................................................... No limit
Surcharge fund for Kansas water pollution control revolving fund revenue
  bonds.................................................................. No limit
  Debt service reserve fund.............................................. No limit
  Infectious disease surveillance fund--federal........................... $12,278
  Clean air act leadership fund--federal....................................... $0
  Bicycle helmet revolving fund........................................... $72,000
  SSA fee fund............................................................ $20,000
  Lead poisoning prevention--federal fund................................ $247,387
  Wetlands protection--federal fund....................................... $27,721
  Title IV-E--federal fund............................................... $533,460

(c) Within any limitation of the total expenditures from the water plan
special revenue fund for fiscal year 1998, expenditures may be made from
the water plan special revenue fund for the following specified purposes:
Provided, That expenditures from the water plan special revenue fund
other than refunds authorized by law for the following specified purposes
shall not exceed the limitations prescribed therefor as follows:

  Contamination remediation............................................ $1,501,651
  Local environmental aid.............................................. $2,000,000
  Saline study--Ogallala aquifer.......................................... $50,000
  Non-point source pollution............................................. $501,747

(d) On July 1, 1997, or as soon thereafter as moneys are available,
the director of accounts and reports shall transfer $3,708,562 from the
state water plan fund of the Kansas water office to the water plan special
revenue fund of the department of health and environment.

(e) On July 1, 1997, the director of accounts and reports shall transfer

510             1997 Session Laws of Kansas             Ch. 123

amounts specified by the secretary of health and environment, which
amounts constitute reimbursements, credits and other amounts received
by the department for activities related to federal programs, from speci-
fied special revenue funds of the department of health and environment
to the sponsored project overhead fund of the department of health and
environment: Provided, That no such transfer shall be made pursuant to
this subsection from any special revenue fund established by any Kansas
statute, including but not limited to the following special revenue
funds: Insurance statistical plan fund established by K.S.A. 40-2251 and
amendments thereto; mined-land conservation and reclamation fee fund
established by K.S.A. 49-420 and amendments thereto; public water sup-
ply fee fund established by K.S.A. 65-163c and amendments thereto; air
quality fee fund established by K.S.A. 1996 Supp. 65-3024 and amend-
ments thereto; solid waste management fund established by K.S.A. 65-
3415a and amendments thereto; waste tire management fund established
by K.S.A. 65-3424g and amendments thereto; underground petroleum
storage tank release trust fund established by K.S.A. 65-34,114 and
amendments thereto; aboveground petroleum storage tank release trust
fund established by K.S.A. 65-34,129 and amendments thereto; and dry-
cleaning facility release trust fund established by K.S.A. 1996 Supp. 65-
34,146 and amendments thereto.

(f) On July 1, 1997, the director of accounts and reports shall transfer
$181,855 from the health care stabilization fund of the health care sta-
bilization fund board of governors to the health facilities review fund of
the department of health and environment for the purpose of financing
a review of records of licensed medical care facilities and an analysis of
quality of health care services provided to assist in correcting substandard
services and to reduce the incidence of liability resulting from the ren-
dering of health care services and implementing the risk management
provisions of K.S.A. 65-4922 et seq., and amendments thereto.

(g) On July 1, 1997, or as soon thereafter as moneys are available, the
director of accounts and reports shall transfer $708,945 from the child
care development block grant federal fund of the department of social
and rehabilitation services to the child care and development block
grant--federal fund of the department of health and environment.

(h) On July 1, 1997, or as soon thereafter as moneys are available,
the director of accounts and reports shall transfer $533,460 from the
foster care assistance federal fund of the department of social and reha-
bilitation services to the title IV-E--federal fund of the department of
health and environment.

Sec. 59.

DEPARTMENT ON AGING

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

  Administration....................................................... $1,342,091

Ch. 123             1997 Session Laws of Kansas             511

Provided, That any unencumbered balance in the administration account in excess of $100
as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That
expenditures, other than expenditures for the CARE program, from such reappropriated
balance shall not exceed $76,650 except upon approval of the state finance council: Provided
further, That all expenditures from such reappropriated balance for the CARE program
shall be made only for the purpose of matching federal moneys for nutrition programs: And
provided further, That expenditures of $120,000 shall be made from this account for a pilot
program to reduce client waiting lists for senior care act services from two area agencies on
aging: And provided further, That expenditures of $7,500 shall be made from this account
for the retired and senior volunteer program (RSVP): And provided further, That such
expenditures from this account for the retired and senior volunteer program (RSVP) shall
be in addition to the amount otherwise appropriated for the retired and senior volunteer
program (RSVP) by this or other appropriation act of the 1997 regular session of the leg-
islature: And provided further, That expenditures from this account for official hospitality
by the secretary of aging shall not exceed $550: And provided further, That expenditures
from this account may be made for printing the agency's newsletter The Advocate: And
provided further, That printing The Advocate shall not be subject to K.S.A. 75-1005 and
amendments thereto.
  Program grants....................................................... $4,702,641
Provided, That any unencumbered balance in the program grants account in excess of $100
as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided further, That
each grant agreement with an area agency on aging for a grant from the program grants
account shall require the area agency on aging to submit to the secretary on aging a report
for federal fiscal year 1997 by the area agency on aging which shall include information
about the kinds of services provided and the number of persons receiving each kind of
service during federal fiscal year 1997: And provided further, That the secretary on aging
shall submit to the senate committee on ways and means and the house of representatives
committee on appropriations at the beginning of the regular session of the legislature in
1998 a report of the information contained in such reports from the area agencies on aging
on expenditures for federal fiscal year 1997: And provided further, That the secretary on
aging, on or before December 1, 1997, shall report to the house of representatives com-
mittee on appropriations the first quarter data for Kansas senior care act programs for fiscal
year 1998, including, but not limited to, the number of persons served by each such program:
And provided further, That the secretary on aging may shift funding between the Kansas
senior care act programs and the income eligible program at the secretary's discretion: And
provided further, That the secretary on aging shall report each such shift of funding to the
Kansas legislative research department and the SRS transition oversight committee: And
provided further, That the agency shall allocate $30,000 from this account to the retired
and senior volunteer program (RSVP).
  Long term care..................................................... $115,409,383
Provided, That the secretary on aging, on or before December 1, 1997, shall report to the
house of representatives committee on appropriations the first quarter data for the home
and community-based services/frail elderly program, the nursing facilities program and the
income eligible program for fiscal year 1998, including, but not limited to, the number of
persons served by each such program.

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

  Older Americans act--federal fund...................................... No limit
  Title XIX fund--federal................................................ No limit
  Nutrition fund--federal................................................ No limit
  Conferences and workshops attendance and publications fees fund........ No limit

512             1997 Session Laws of Kansas             Ch. 123

Provided, That the department on aging is hereby authorized to fix, charge and collect
conference and workshop attendance fees for conferences and workshops sponsored by the
department and fees for copies of publications: Provided further, That such fees shall be
deposited in the state treasury and credited to the conferences and workshops attendance
and publications fees fund: And provided further, That expenditures may be made from
this fund to defray all or part of the costs of such conferences and workshops including
official hospitality and of such publications.
  Gifts and donations fund............................................... No limit
Provided, That the department on aging is hereby authorized to receive gifts and donations
of money for services to senior citizens or purposes related thereto: Provided further, That
such gifts and donations of money shall be deposited in the state treasury and credited to
the gifts and donations fund: And provided further, That expenditures shall be made from
this fund for the purposes specified by the donor or contributor, if any.
  Elder care--federal fund............................................... No limit
  Volunteer services coordinator--federal fund........................... No limit
  Medicaid fund--federal................................................. No limit
  Area agencies on aging loan recovery fund.................................... $0
Provided, That the secretary on aging recover all moneys loaned to the area agencies on
aging by the department on aging during fiscal year 1997 for purposes related to the transfer
of long-term care programs from the department of social and rehabilitation services to the
department on aging: Provided further, That all moneys received by the secretary on aging
for repayment of moneys loaned to area agencies on aging for such purposes shall be de-
posited in the state treasury and credited to the area agencies on aging loan recovery fund.

(c) During fiscal year 1998, the director of accounts and reports shall
transfer amounts certified by the secretary of aging and the secretary of
social and rehabilitation services from the adult care homes account of
the state general fund of the department of social and rehabilitation serv-
ices to the long term care account of the state general fund of the de-
partment on aging: Provided, That all amounts transferred under this
subsection shall be for funding adjustment as may be required due to
conversion of long-term facilities from nursing facilities to nursing facil-
ities--mental health, as determined by the secretary of aging and the
secretary of social and rehabilitation services.

Sec. 60. Position limitations. The number of full-time and regular
part-time positions equated to full-time, excluding seasonal and tempo-
rary positions, paid from appropriations for the fiscal year ending June
30, 1998, made in this or other appropriation act of the 1997 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 Human Resources........................................... 1,017.5
  Kansas Commission on Veterans Affairs..................................... 188.8
  Department of Health and Environment...................................... 820.6
  Department on Aging....................................................... 166.3

Sec. 61.

DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES

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

  State operations.................................................... $89,919,499

Ch. 123             1997 Session Laws of Kansas             513

Provided, That any unencumbered balance in the state operations account in excess of $100
as of June 30, 1997, is hereby reappropriated for fiscal year 1998: 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 this account
for the purchase of professional liability insurance for physicians and dentists at any insti-
tution, as defined by K.S.A. 76-12a01 and amendments thereto: And provided further, That
expenditures from this account for official hospitality by the secretary of social and reha-
bilitation services shall not exceed $300.
  Alcohol and drug abuse services grants............................... $4,895,705
Provided, That any unencumbered balance in the alcohol and drug abuse services grants
account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998:
Provided, however, That expenditures from such reappropriated balance shall be made only
upon approval of the state finance council.
Mental health and retardation services aid and assistance and state insti-
  tutions operations................................................. $164,558,114
Provided, That any unencumbered balance in the mental health and retardation services aid
and assistance and state institutions operations account in excess of $100 as of June 30, 1997,
is hereby reappropriated for fiscal year 1998: 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 this account for educational services
contracts which are hereby authorized to be negotiated and entered into by the institutions,
as defined by K.S.A. 76-12a01 and amendments thereto, with unified school districts or
other public educational services providers: And provided further, That such educational
services contracts shall not be subject to the competitive bidding requirements of K.S.A.
75-3739 and amendments thereto: And provided further, That expenditures from the mental
health and retardation services aid and assistance and state institutions operations account
for official hospitality by superintendents of such institutions shall not exceed $1,050: And
provided further, That expenditures may be made from this account for school district
equipment of up to $5,000 per developmentally disabled child leaving Winfield state hospital
and training center: And provided further, That expenditures from this account for such
school district equipment shall not exceed $150,000: And provided further, That the sec-
retary of social and rehabilitation services is authorized to refuse to enter into contracts with
ICFs/MR.
  Children's mental health initiative.................................. $1,000,000
Provided, That no expenditures shall be made from the children's mental health initiative
account for inpatient hospital beds for children.
  Adult services aid and assistance...................................... $160,556
Provided, That any unencumbered balance in the adult services aid and assistance account
in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998.
  Youth services aid and assistance................................... $35,852,151
Provided, That any unencumbered balance in the youth services aid and assistance account
in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998.
  Vocational rehabilitation aid and assistance......................... $2,553,058
Provided, That any unencumbered balance in the vocational rehabilitation aid and assistance
account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998:
Provided further, That expenditures may be made from this account for the acquisition of
durable medical equipment and assistive technology devices: Provided, however, That all
such expenditures for durable equipment or assistive technology devices shall require a $1
for $1 match from non-state sources.
  Cash assistance..................................................... $41,313,123
Provided, That any unencumbered balance in the cash assistance account in excess of $100

514             1997 Session Laws of Kansas             Ch. 123

as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided further, That
expenditures from this account shall include expenditures for the job opportunities and basic
skills and other employment preparation programs: And provided further, That moneys
appropriated in this account for basic grant increases are necessary for energy assistance:
And provided further, That it has been demonstrated that increases in energy-related ex-
penses of low-income Kansas residents have risen at a rate which is disproportionate to the
rates of increase of the other expenses of such residents: And provided further, That ex-
penditures made from this account of moneys appropriated in this account for such basic
grant increases shall be only for the home energy expense needs of public assistance recip-
ients, shall be calculated on a seasonal basis and shall be paid to public assistance recipients
in the most administratively efficient manner in accordance with all applicable federal and
state laws and rules and regulations.
  Adult care homes..................................................... $7,770,743
Provided, That any unencumbered balance in the medical assistance for long-term care
account in excess of $100 as of June 30, 1997, is hereby reappropriated to the adult care
homes account for fiscal year 1998.
  Community based services............................................ $10,089,104
  Other medical assistance........................................... $154,336,670
Provided, That any unencumbered balance in the other medical assistance account in excess
of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998.
Any unencumbered balance in excess of $100 as of June 30, 1997, in each of the following
accounts is hereby reappropriated for fiscal year 1998:  Purchase of atypical antipsychotic
drugs; state hospital closure.

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

  Title XIX fund...................................................... $53,974,305
Provided, That all receipts resulting from payments under title XIX of the federal social
security act to any of the institutions under mental health and retardation services may be
credited to the title XIX fund: Provided further, That moneys in the title XIX fund may be
used for expenditures for contractual services to provide for collecting additional payments
under title XVIII and title XIX of the federal social security act, for expenditures for pre-
miums and surcharges required to be paid for physicians' malpractice insurance, and for
transfers to the social welfare fund.
  Kansas neurological institute fee fund................................. $776,387
Kansas neurological institute--elementary and secondary education
  fund--federal.......................................................... No limit
Kansas neurological institute--foster grandparents program--federal
  fund................................................................... $217,621
  Kansas neurological institute--canteen fund............................ No limit
  Kansas neurological institute--patient benefit fund.................... No limit
  Kansas neurological institute--work therapy patient benefit fund....... No limit
  Larned state hospital fee fund....................................... $1,797,237
Larned state hospital--elementary and secondary education fund--
  federal................................................................ No limit
  Larned state hospital--vocational education fund--federal.............. No limit
  Larned state hospital--ECIA fund--federal.............................. No limit
  Larned state hospital--canteen fund.................................... No limit
  Larned state hospital--patient benefit fund............................ No limit
  Larned state hospital--work therapy patient benefit fund............... No limit
  Osawatomie state hospital fee fund................................... $1,586,860

Ch. 123             1997 Session Laws of Kansas             515

Provided, That all moneys received as fees for the use of video teleconferencing equipment
at Osawatomie state hospital shall be deposited to the credit of the video teleconferencing
fee account of the Osawatomie state hospital fee fund: Provided further, That all moneys
credited to the video teleconferencing fee account shall be used solely for the servicing,
technical and program support, maintenance and replacement of associated equipment at
Osawatomie state hospital: And provided further, That any expenditures from the video
teleconferencing fee account shall be in addition to any expenditure limitation imposed on
the Osawatomie state hospital fee fund for fiscal year 1998.
  Osawatomie state hospital--elementary and secondary education fund--
  federal................................................................ No limit
  Osawatomie state hospital--vocational education fund--federal.......... No limit
  Osawatomie state hospital--ECIA fund--federal.......................... No limit
  Osawatomie state hospital--adult education fund--federal............... No limit
  Osawatomie state hospital--canteen fund................................ No limit
  Osawatomie state hospital--patient benefit fund........................ No limit
  Osawatomie state hospital--work therapy patient benefit fund........... No limit
  Osawatomie state hospital--motor pool revolving fund................... No limit
  Osawatomie state hospital--training fee revolving fund................. No limit
Provided, That all moneys received as fees for training activities for Osawatomie state hos-
pital shall be deposited to the credit of the Osawatomie state hospital--training fee revolving
fund: Provided further, That the superintendent of Osawatomie state hospital is hereby
authorized to fix, charge and collect fees for training activities at Osawatomie state hospital:
And provided further, That such fees shall be fixed in order to recover all or part of the
expenses of such training activities for Osawatomie state hospital.
  Parsons state hospital and training center fee fund.................... $836,909
Provided, That all moneys received as fees for the use of video teleconferencing equipment
at Parsons state hospital and training center shall be deposited to the credit of the video
teleconferencing fee account of the Parsons state hospital and training center fee fund:
Provided further, That all moneys credited to the video teleconferencing fee account shall
be used solely for the servicing, maintenance and replacement of video teleconferencing
equipment at Parsons state hospital and training center: And provided further, That any
expenditures from the video teleconferencing fee account shall be in addition to any ex-
penditure limitation imposed on the Parsons state hospital and training center fee fund for
fiscal year 1998.
  Parsons state hospital and training center--elementary and secondary ed-
  ucation fund--federal.................................................. No limit
  Parsons state hospital and training center--canteen fund............... No limit
  Parsons state hospital and training center--patient benefit fund....... No limit
  Parsons state hospital and training center--work therapy patient benefit
  fund................................................................... No limit
  Rainbow mental health facility fee fund................................. $96,665
  Rainbow mental health facility--elementary and secondary education
  fund--federal.......................................................... No limit
  Rainbow mental health facility--patient benefit fund................... No limit
  Rainbow mental health facility--work therapy patient benefit fund...... No limit
  Winfield state hospital and training center fee fund................... $558,627
  Winfield state hospital and training center--elementary and secondary
  education fund--federal................................................ No limit
  Winfield state hospital and training center--canteen fund.............. No limit
  Winfield state hospital and training center--patient benefit fund...... No limit
  Winfield state hospital and training center--work therapy patient benefit
  fund................................................................... No limit

516             1997 Session Laws of Kansas             Ch. 123

Winfield state hospital and training center--ECIA education fund--
  federal................................................................ No limit
  Social services clearing fund.......................................... No limit
Provided, That the secretary of social and rehabilitation services shall certify to the director
of the budget on June 30, 1998, that expenditures from the social services clearing fund for
state operations did not exceed $232,772,014 for fiscal year 1998: Provided, however, That
expenditures from the social services clearing fund for transfers or state operations for
institutions under the control of the department of social and rehabilitation services shall
be in addition to any expenditure limitation on the social services clearing fund: Provided
further, That expenditures may be made from this fund pursuant to employment incentive
programs which the secretary is hereby authorized to develop and enter into with public
and private employers to provide an economic incentive to such employers to employ as-
sistance recipients: And provided further, That any transfer made from this fund to another
state agency pursuant to a contract with that agency shall be in addition to any expenditure
limitations imposed on this fund: And provided further, That expenditures made to alleviate
stresses on the foster care system shall not exceed $1,000,000 and shall be in addition to
any other expenditure limitation imposed on this fund or any account thereof:  And provided
further, That expenditures made by the above agency from this fund for child care services
provided by the Wichita state university child development center shall not exceed a rate
equating to $1.88 per hour per child: And provided further, That expenditures may be made
from this fund for the development of a cooperative model managed care system offered
jointly by all, or some, of the service providers in an area, where the secretary of social and
rehabilitation services determines that the arrangement will be in the best interest of the
community to be served, pursuant to a contract which is hereby authorized to be negotiated
by the secretary for the purposes of K.S.A. 1996 Supp. 39-7,112 and amendments thereto:

  And provided further, That the residents of the state mental retardation hospitals be allowed
to take personally used items and items constructed for them into the community when they
leave the institutions.
  Social welfare fund................................................. $55,037,345
Provided, That expenditures from the social welfare fund for state operations shall not
exceed $8,795,972: Provided further, That any transfers of funds between the social welfare
fund and state institutions made by the secretary of social and rehabilitation services shall
be in addition to any expenditure limitation imposed on this fund.
  Other state fees fund.................................................. No limit
  Alcohol and drug abuse block grant federal fund...................... $9,441,373
Provided, That any transfers of moneys from the alcohol, drug abuse and mental health
block grant--federal fund to any other block grant fund specified in this subsection shall be
in addition to any expenditure limitation imposed on this fund.
  At-risk child care block grant federal fund............................ No limit
  Child care development block grant federal fund........................ No limit
Provided, That any transfers from the child care development block grant fund to the de-
partment of health and environment shall be in addition to any expenditure limitation im-
posed on this fund.
  Child welfare services block grant federal fund...................... $4,128,087
  Mental health block grant federal fund............................... $2,370,291
  Social services block grant--federal fund........................... $23,170,260
Provided, That any transfers of moneys from the social services block grant--federal fund
to any other block grant fund specified in this subsection shall be in addition to any ex-
penditure limitation imposed on this fund.
  Child care mandatory federal fund...................................... No limit
  Temporary assistance to needy families federal fund.................... No limit
Provided, That no expenditures shall be made from the temporary assistance to needy fam-

Ch. 123             1997 Session Laws of Kansas             517

ilies federal fund for computer systems related to welfare reform until the plans for com-
puter systems related to welfare reform are reviewed by the joint committee on computers
and telecommunications.
  Child care matching federal fund....................................... No limit
  Disability determination services federal fund......................... No limit
  Food stamp assistance federal fund..................................... No limit
  Foster care assistance federal fund.................................... No limit
  Medical assistance federal fund........................................ No limit
  Rehabilitation services federal fund................................... No limit
  Other federal state operations fund.................................... No limit
  Other federal grants and assistance fund............................... No limit
  SRS enterprise fund.................................................... No limit
  SRS trust fund......................................................... No limit
Provided, That all contributions from local entities shall be credited to the vocational re-
habilitation special revenue account of the SRS trust fund for the purpose of providing the
required state match for receipt of federal vocational rehabilitation funds: Provided further,
That expenditures may be made from the vocational rehabilitation special revenue account
of this fund for local community-based vocational rehabilitation programs.
  Medicaid assistance federal fund....................................... No limit

(c) The following amounts are included in the mental health and re-
tardation services aid and assistance and state institutions operations ac-
count of the state general fund for the following institutions, as defined
by K.S.A. 76-12a01 and amendments thereto, but expenditures from this
account for any such aid and assistance or institution shall not be limited
to, nor be required to be made in, the amount listed for such aid and
assistance or institution:

  Kansas neurological institute....................................... $12,278,329
  Larned state hospital............................................... $12,093,190
  Osawatomie state hospital............................................ $8,226,860
  Parsons state hospital and training center.......................... $10,057,936
  Rainbow mental health facility....................................... $2,916,018
  Winfield state hospital and training center.......................... $1,422,423
  Community services aid and assistance.............................. $118,563,358

(d) During the fiscal year ending June 30, 1998, the secretary of social
and rehabilitation services shall transfer moneys from the title XIX fund
to the budgets of the state institutions in amounts equal to the state
general fund amounts deleted from the budgets in subsection (c) which,
in the aggregate, shall total $250,000.

(e) During the fiscal year ending June 30, 1998, the secretary of social
and rehabilitation services may transfer any part of any item of appropri-
ation for the fiscal year ending June 30, 1998, from the state general fund
for the department of social and rehabilitation services to another item
of appropriation for fiscal year 1998 from the state general fund for the
department of social and rehabilitation services. The secretary of social
and rehabilitation services 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.

(f) On July 1, 1997, the superintendent of Larned state hospital, upon

518             1997 Session Laws of Kansas             Ch. 123

the approval of the director of accounts and reports, shall transfer $10,000
from the Larned state hospital--canteen fund to the Larned state hos-
pital--patient benefit fund.

(g) On July 1, 1997, the superintendent of Larned state hospital, upon
approval of the director of accounts and reports, shall transfer $500 from
the Larned state hospital--work therapy patient benefit fund to the Lar-
ned state hospital--patient benefit fund.

(h) On July 1, 1997, the superintendent of Osawatomie state hospital,
upon the approval of the director of accounts and reports, shall transfer
$15,000 from the Osawatomie state hospital--canteen fund to the Osa-
watomie state hospital--patient benefit fund.

(i) On July 1, 1997, the superintendent of Parsons state hospital and
training center, upon the approval of the director of accounts and reports,
shall transfer $9,000 from the Parsons state hospital and training cen-
ter--canteen fund to the Parsons state hospital and training center--
patient benefit fund.

(j) On July 1, 1997, the superintendent of Topeka state hospital, upon
the approval of the director of accounts and reports, shall transfer $6,000
from the Topeka state hospital--canteen fund to the Topeka state hos-
pital--patient benefit fund.

(k) On July 1, 1997, the superintendent of Winfield state hospital and
training center, upon the approval of the director of accounts and reports,
shall transfer $30,000 from the Winfield state hospital and training cen-
ter--canteen fund to the Winfield state hospital and training center--
patient benefit fund.

(l) On July 1, 1997, or as soon thereafter as moneys are available, the
director of accounts and reports may transfer, in one or more amounts,
from the title XIX fund to the social welfare fund the amount specified
by the secretary of social and rehabilitation services.

(m) (1) After December 31, 1997, and on or before June 30, 1998,
the director of accounts and reports shall transfer any moneys credited
to the Winfield state hospital and training center fee fund as certified by
the secretary of social and rehabilitation services, in one or more amounts
and to one or more fee funds of mental retardation institutions of the
department of social and rehabilitation services as specified by the sec-
retary of social and rehabilitation services. After the closure of Winfield
state hospital and training center and before July 1, 1998, the secretary
of social and rehabilitation services shall transmit a certification to the
director of accounts and reports specifying the transfer of any moneys
credited to and the amounts of any outstanding obligations of the Winfield
state hospital and training center fee fund to one or more fee funds of
mental retardation institutions of the department of social and rehabili-
tation services as appropriate with respect to each such institution or
institutions and the closure of Winfield state hospital and training center.
After all such transfers of moneys, the amounts of any outstanding obli-

Ch. 123             1997 Session Laws of Kansas             519

gations of the Winfield state hospital and training center fee fund are
hereby transferred as specified by the certification of the secretary of
social and rehabilitation services and the Winfield state hospital and train-
ing center fee fund is hereby abolished.

(2) All moneys which are received by the department of social and
rehabilitation services during the fiscal year ending June 30, 1998, after
the closure of Winfield state hospital and training center and after the
Winfield state hospital and training center fee fund has been abolished,
which otherwise would have been credited to the Winfield state hospital
and training center fee fund, shall be credited to one or more fee funds
of mental retardation institutions of the department of social and reha-
bilitation services as appropriate with respect to each such institution or
institutions, the previous disposition of the balance in the Winfield state
hospital and training center fee fund and the closure of Winfield state
hospital and training center, as determined by the secretary of social and
rehabilitation services and certified to the director of accounts and reports
by the secretary.

(n) After December 31, 1997, and on or before June 30, 1998, the
director of accounts and reports shall transfer any moneys credited to the
Winfield state hospital and training center--elementary and secondary
education fund--federal as certified by the secretary of social and reha-
bilitation services, in one or more amounts and to one or more federal
elementary and secondary education funds of mental retardation insti-
tutions of the department of social and rehabilitation services as specified
by the secretary of social and rehabilitation services. After the closure of
Winfield state hospital and training center and before July 1, 1998, the
secretary of social and rehabilitation services shall transmit a certification
to the director of accounts and reports specifying the transfer of any
moneys credited to and any outstanding obligations of the Winfield state
hospital and training center--elementary and secondary education
fund--federal to one or more federal elementary and secondary educa-
tion funds of mental retardation institutions of the department of social
and rehabilitation services as appropriate with respect to each such insti-
tution or institutions and the closure of Winfield state hospital and train-
ing center. After all such transfers of moneys, the amounts of any out-
standing obligations of the Winfield state hospital and training center--
elementary and secondary education fund--federal are hereby trans-
ferred as specified by the certification of the secretary of social and re-
habilitation services and the Winfield state hospital and training cen-
ter--elementary and secondary education fund--federal is hereby
abolished.

(o) After December 31, 1997, and on or before June 30, 1998, the
director of accounts and reports shall transfer any moneys credited to the
Winfield state hospital and training center--canteen fund, Winfield state
hospital and training center--patient benefit fund and the Winfield state
hospital and training center--work therapy patient benefit fund as cer-

520             1997 Session Laws of Kansas             Ch. 123

tified by the secretary of social and rehabilitation services, in one or more
amounts to the respective canteen fund, patient benefit fund or work
therapy patient benefit fund of one or more mental retardation institu-
tions of the department of social and rehabilitation services as specified
by the secretary of social and rehabilitation services. After the closure of
Winfield state hospital and training center and before July 1, 1998, the
secretary of social and rehabilitation services shall transmit a certification
to the director of accounts and reports specifying the transfer of any
moneys credited to and any outstanding obligations of the Winfield state
hospital and training center--canteen fund, Winfield state hospital and
training center--patient benefit fund and Winfield state hospital and
training center--work therapy patient benefit fund to the respective can-
teen fund, patient benefit fund or work therapy patient benefit fund of
one or more mental retardation institutions of the department of social
and rehabilitation services as appropriate with respect to each such insti-
tution or institutions and the closure of Winfield state hospital and train-
ing center. After all such transfers of moneys, the amounts of any out-
standing obligations of the Winfield state hospital and training center--
canteen fund, Winfield state hospital and training center--patient benefit
fund and Winfield state hospital and training center--work therapy pa-
tient benefit fund are hereby transferred as specified by the certification
of the secretary of social and rehabilitation services and the Winfield state
hospital and training center--canteen fund, Winfield state hospital and
training center--patient benefit fund and Winfield state hospital and
training center--work therapy patient benefit fund are hereby abolished.

(p) All moneys received by the department of social and rehabilitation
services during the fiscal year ending June 30, 1998, after the closure of
Topeka state hospital and after the Topeka state hospital fee fund has
been abolished, which otherwise would have been credited to the Topeka
state hospital fee fund, shall be credited to one or more fee funds of
mental health institutions of the department of social and rehabilitation
services as appropriate with respect to each such institution or institu-
tions, the previous disposition of the balance in the Topeka state hospital
fee fund and the closure of Topeka state hospital, as determined by the
secretary of social and rehabilitation services and certified to the director
of accounts and reports by the secretary.

(q) During fiscal year 1998, the director of accounts and reports shall
transfer the amount or amounts certified by the secretary of social and
rehabilitation services and the secretary of aging from the long term care
account of the state general fund of the department on aging to the adult
care homes account of the state general fund of the department of social
and rehabilitation services: Provided, That all amounts transferred under
this subsection shall be for funding adjustments required as may be due
to conversion of long-term facilities from nursing facilities to nursing fa-

Ch. 123             1997 Session Laws of Kansas             521

cilities--mental health, as determined by the secretary of social and re-
habilitation services and the secretary of aging.

Sec. 62.

KANSAS GUARDIANSHIP PROGRAM

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

  Kansas guardianship program............................................ $912,402
Provided, That any unencumbered balance in the Kansas guardianship program account in
excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided
however, That expenditures from such reappropriated balance shall not exceed $189,525
except upon approval of the state finance council.

Sec. 63. Position limitations. (a) The number of full-time and regular
part-time positions equated to full-time, excluding seasonal and tempo-
rary positions, paid from appropriations for fiscal year 1998 made in this
or other appropriation act of the 1997 regular session of the legislature
for the following agencies shall not exceed the following, except upon
approval of the state finance council or pursuant to subsection (b) of this
section:

  Department of Social and Rehabilitation Services........................ 4,116.8
  Kansas Neurological Institute............................................. 668.0
  Larned State Hospital..................................................... 755.6
  Osawatomie State Hospital................................................. 529.2
  Parsons State Hospital and Training Center................................ 518.0
  Rainbow Mental Health Facility............................................ 136.4
  Topeka State Hospital...................................................... 19.0
  Winfield State Hospital and Training Center............................... 521.5

(b) During the fiscal year ending June 30, 1998, the secretary of social
and rehabilitation services may increase the position limitation for the
department of social and rehabilitation services or for any institution or
facility under the general supervision and management of the secretary
of social and rehabilitation services by making a corresponding decrease
in the position limitation for either the department of social and rehabil-
itation services or any institution or facility under the general supervision
and management of the secretary of social and rehabilitation services.
The secretary of social and rehabilitation services shall certify each such
increase and corresponding decrease to the director of personnel services
and shall transmit a copy of each such certification to the legislative re-
search department.

(c) Within the limitation imposed by this or any other appropriation
act of the 1997 regular session of the legislature on the full-time equiv-
alent number of full-time and regular part-time positions, excluding sea-
sonal and temporary positions, paid from appropriations made for the
fiscal year ending June 30, 1998, for Larned state hospital, Osawatomie
state hospital, Rainbow mental health facility and Topeka state hospital,
the following positions shall be in the unclassified service under the Kan-
sas civil service act: Advanced registered nurse practitioners.

522             1997 Session Laws of Kansas             Ch. 123

Sec. 64.

DEPARTMENT OF EDUCATION

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

  Operating expenditures (including official hospitality).............. $8,346,654
Provided, That any unencumbered balance in the operating expenditures (including official
hospitality) account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal
year 1998.
  Education commission of the states membership dues expenditures......... $49,694
  General state aid................................................ $1,519,600,162
Provided, That any unencumbered balance in the general state aid account in excess of $100
as of June 30, 1997, is hereby reappropriated for fiscal year 1998.
  Supplemental general state aid...................................... $49,648,725
Provided, That any unencumbered balance in the supplemental general state aid account
in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998.
  School food assistance............................................... $2,510,486
  Special education services aid..................................... $200,849,174
Provided, That expenditures shall not be made from the special education services aid
account for the provision of instruction for any homebound or hospitalized child unless the
categorization of such child as exceptional is conjoined with the categorization of the child
within one or more of the other categories of exceptionality: Provided further, That any
balance in a school district's special education fund from the prior fiscal year that is in excess
of 20% of the district's estimated expenditures from the special education fund will be
deducted from the school district's special education entitlement for the year in which the
appropriation is being made: And provided further, That expenditures shall be made from
this account for grants to school districts in amounts determined pursuant to and in accor-
dance with the provisions of K.S.A. 1996 Supp. 72-983 and amendments thereto: And pro-
vided further, That expenditures shall be made from the amount remaining in this account,
after deduction of the expenditures specified in the foregoing proviso, for payments to school
districts in amounts determined pursuant to and in accordance with the provisions of K.S.A.
72-978 and amendments thereto.
  KPERS--employer contributions....................................... $76,616,225
Provided, That all expenditures from the KPERS--employer contributions account shall be
for payment of participating employers' contributions to the Kansas public employees re-
tirement system as provided in K.S.A. 74-4939 and amendments thereto: Provided further,
That expenditures from this account for the payment of participating employers' contribu-
tions to the Kansas public employees retirement system may be made regardless of when
the liability was incurred.
  Postsecondary aid for vocational education.......................... $18,405,779
  Adult basic education.................................................. $904,506
  Community college credit hour state aid............................. $41,457,678
  Community college out-district state aid entitlement................ $12,225,973
  Community college general state aid.................................. $2,642,795
Technology equipment at community colleges and Washburn
  university........................................................... $1,000,000
Provided, That the department of education is hereby authorized to make expenditures
from the technology equipment at community colleges and Washburn university account
for grants to community colleges and Washburn university pursuant to grant applications
for the purchase of technology equipment, in accordance with guidelines established by the
state board of education.
  Parent education program............................................. $2,750,000

Ch. 123             1997 Session Laws of Kansas             523

Provided, That expenditures from the parent education program account for each such grant
shall be matched by the school district in an amount which is equal to not less than 100%
of the grant: Provided further, That no more than 1% of the above appropriated amount
may be expended by the department of education for establishing and maintaining a Kansas
training model that meets the requirement for the parents as teachers program.
  Inservice education aid.............................................. $3,000,000
Educable deaf-blind and severely handicapped children's programs
  aid.................................................................... $110,000
School district juvenile detention facilities and Flint Hills job corps center
  grants............................................................... $2,712,248
Provided, That expenditures shall be made from the school district juvenile detention fa-
cilities and Flint Hills job corps center grants account for grants to school districts in amounts
determined pursuant to and in accordance with the provisions of K.S.A. 1996 Supp. 72-
8187 and amendments thereto: Provided further, That the amount of grants to school dis-
tricts shall be determined as if the term ``enrollment'' as used in K.S.A. 1996 Supp. 72-8187
and amendments thereto means the number of pupils residing at the Flint Hills job corps
center or confined in a juvenile detention facility and enrolled in a district on September
20, on November 20, or on April 20, of the school year, whichever is the greater number
of pupils.
  Kansas foundation for agriculture project grant......................... $25,000
Provided, That expenditures from the Kansas foundation for agriculture project grant ac-
count shall be used for agriculture in the classroom programs to supplement existing ele-
mentary and secondary curricula with agricultural information: Provided further, That ex-
penditures from this account shall be made only if private funding sources are available to
match such state grants on a 60% state and 40% private basis.
  Grant to Kansas cultural heritage and arts center, Dodge City, Kansas... $20,000
Provided, That it was the intent of the 1996 legislature to cease state funding for the Kansas
cultural heritage and arts center at the end of fiscal year 1998.
  Innovative program assistance.......................................... $115,000
  Environmental education program......................................... $25,000

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

  State school district finance fund..................................... No limit
  School district capital improvements fund.............................. No limit
  Conversion of materials and equipment fund............................. No limit
  State safety fund...................................................... No limit
  GED credentials processing fees fund................................... No limit
  School bus safety fund................................................. No limit
  Goals 2000 federal fund................................................ No limit
  Kansas postsecondary review board--federal fund........................ No limit
  Motorcycle safety fund................................................. No limit
  Federal indirect cost reimbursement fund............................... No limit
  Certificate fee fund................................................... No limit
  Proprietary school fee fund............................................ No limit
  Adult basic education--federal fund.................................... No limit
  Food assistance--federal fund.......................................... No limit
  Food assistance--school breakfast program--federal fund................ No limit
  Food assistance--national school lunch program--federal fund........... No limit

524             1997 Session Laws of Kansas             Ch. 123

  Food assistance--child and adult care food program--federal fund....... No limit
  Elementary and secondary school aid--federal fund...................... No limit
  Elementary and secondary school aid--educationally deprived children--
  federal fund........................................................... No limit
  Educationally deprived children--state operations--federal fund........ No limit
  Elementary and secondary school--educationally deprived children--
  LEA's fund............................................................. No limit
  ESEA chapter II--state operations--federal fund........................ No limit
  Truck driver training fund............................................. No limit
  Education of handicapped children fund--federal........................ No limit
  Educational interpreter performance assessment fee fund................ No limit
Provided, That expenditures may be made from the educational interpreter performance
assessment fee fund for operating expenditures incurred in conjunction with the operation
of the educational interpreter performance program: Provided further, That the state board
of education is hereby authorized to fix, charge and collect fees for educational interpreter
performance assessments and other services provided under the interpreter performance
assessment program: And provided further, That all such fees shall be deposited in the state
treasury and credited to the educational interpreter performance assessment fee fund.
  Education of handicapped children fund--state operations--federal...... No limit
  Education of handicapped children fund--preschool--federal fund........ No limit 
  Education of handicapped children fund--preschool state operations--
  federal................................................................ No limit
  Elementary and secondary school aid--federal fund--migrant education
  fund................................................................... No limit
  Elementary and secondary school aid--federal fund--migrant educa-
  tion--state operations................................................. No limit
  Vocational education amendments of 1968--federal fund.................. No limit
  Vocational education title II--federal fund............................ No limit
  Vocational education title II--federal fund--state operations.......... No limit
  Job training partnership act fund--federal............................. No limit
  Job training partnership act fund--state operations--federal........... No limit
  Educational research grants and projects fund.......................... No limit
  Education for economic security act--federal fund...................... No limit
  State legalization impact aid--federal fund............................ No limit
  Drug abuse fund--department of education--federal...................... No limit
  Drug abuse funds--federal--state operations fund....................... No limit
  Economic development initiatives fund............................... $10,401,110
Provided, That no expenditures shall be made from the economic development initiatives
fund of the department of education other than for purposes specifically authorized by this
or other appropriation act: Provided, however, That expenditures from such fund for such
purpose shall not exceed the limitations prescribed therefor.
  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 education is hereby authorized
to fix, charge and collect fees for inservice workshops and conferences: And provided fur-
ther, That such fees shall be fixed in order to recover all or part of such operating expend-
itures 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.
  Private donations, gifts, grants and bequests fund..................... No limit
  Interactive video fee fund............................................. No limit
Provided, That expenditures may be made from the interactive video fee fund for operating

Ch. 123             1997 Session Laws of Kansas             525

expenditures incurred in conjunction with the operation and use of the interactive video
conference facility of the department of education: Provided further, That the state board
of education is hereby authorized to fix, charge and collect fees for the operation and use
of such interactive video conference facility: And provided further, That all fees received
for the operation and use of such interactive video conference facility shall be deposited in
the state treasury and credited to the interactive video fee fund.
  Reimbursement for services fund........................................ No limit
  Communities in schools program fund.................................... No limit
  Environmental education grant fund..................................... No limit
  Education property tax relief fund........................................... $0
  Tuition and fee waiver reimbursement fund.................................... $0
Provided, That all expenditures from the tuition and fee waiver reimbursement fund shall
be for tuition and fee waiver reimbursement, in accordance with K.S.A. 1996 Supp. 75-4364
and amendments thereto, for the dependents of public safety officers killed in the line of
duty, pursuant to certification by educational institutions submitted to the state board of
education during the fiscal year in which such tuition and fees were waived.

(c) On July 1, 1997, or as soon thereafter as moneys are available, the
director of accounts and reports shall transfer $50,000 from the family
and children trust account of the family and children investment fund of
the juvenile justice authority to the communities in schools program fund
of the department of education.

(d) Expenditures may be made from the economic development in-
itiatives fund of the department of education for the following purposes,
subject to the expenditure limitations prescribed therefor:

  Vocational education capital outlay aid.............................. $2,000,000
Provided, That expenditures from the vocational education capital outlay aid account for
each such grant shall be matched by the area vocational school, the area vocational-technical
school or the technical college in an amount which is equal to 50% of the grant.
  Postsecondary aid for vocational education........................... $6,716,110
  Technology innovation and internship program........................... $200,000
  Innovative program assistance........................................ $1,485,000
(e) On September 15, 1997, December 15, 1997, April 15, 1998, or
as soon after each such date as moneys are available, the director
of accounts and reports shall transfer $2,599,751, and on June 15, 1998, or
as soon after such date as moneys are available, the director of accounts
and reports shall transfer $2,599,754 from the Kansas economic devel-
opment endowment account of the state economic development initia-
tives fund of the department of commerce and housing to the economic
development initiatives fund of the department of education.

(f) On July 1, 1997, and quarterly thereafter, the director of accounts
and reports shall transfer $43,639.50 from the state highway fund of the
department of transportation to the school bus safety fund of the de-
partment of education.

(g) During the fiscal year ending June 30, 1998, no expenditures shall
be made by the department of education from any moneys appropriated
in the special education services aid account of the state general fund for the fiscal year
ending June 30, 1998, by this or other appropriation act of

526             1997 Session Laws of Kansas             Ch. 123

the 1997 regular session of the legislature, for any payment to any unified
school district or to any special education cooperative organization after
August 1, 1997, unless (1) the unified school district or special education
cooperative organization has certified to the department of education and
the department of social and rehabilitation services on or before August
1, 1997, whether or not the unified school district or special education
cooperative organization has been approved as a federal medicaid pro-
vider, and (2) if the unified school district or special education cooperative
organization has been approved as a federal medicaid provider, the uni-
fied school district or special education cooperative organization has in-
cluded in such certification to the department of education and the de-
partment of social and rehabilitation services (A) the aggregate amount
of federal medicaid moneys received by the unified school district or
special education cooperative organization during the fiscal year 1997,
(B) the aggregate amount of such federal medicaid moneys expended by
the unified school district or special education cooperative organization
during fiscal year 1997, (C) the aggregate amount expended from each
fund of the unified school district or special education cooperative organ-
ization during fiscal year 1997 to satisfy the federal medicaid matching
requirement, and (D) a listing of the kinds and amounts of services pur-
chased by the expenditure of such federal medicaid moneys and such
matching amounts by the unified school district or special education co-
operative organization during fiscal year 1997.

Sec. 65.

STATE LIBRARY

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

  Operating expenditures............................................... $1,532,699
Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however,
That expenditures from such reappropriated balance shall be made only upon approval of
the state finance council: Provided further, That expenditures from the operating expendi-
tures account for official hospitality shall not exceed $1,300.
  Grants to libraries and library systems.............................. $2,962,233
Provided, That, of the moneys appropriated in the grants to libraries and library systems
account $1,964,496 is to be distributed as grants-in-aid to libraries in accordance with K.S.A.
75-2555 and amendments thereto, $619,381 is to be distributed for interlibrary loan devel-
opment grants and $378,356 is to be paid according to contracts with the subregional li-
braries of the Kansas talking book services.

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

  State library fund..................................................... No limit
  Federal library services and construction act--title I--fund........... No limit
  Federal library services and construction act--title II--fund.......... No limit

Ch. 123             1997 Session Laws of Kansas             527

  Federal library services and construction act--title III--fund......... No limit
Sec. 66.
KANSAS ARTS COMMISSION

(a) There is appropriated for the above agency from the state general
fund the following:
  Operating expenditures................................................. $293,184
Provided, That any unencumbered balance in the operating expenditures account in excess
of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however,
That expenditures from such reappropriated balance shall be made only upon approval of
the state finance council: Provided further, That expenditures from the operating expendi-
tures account for official hospitality shall not exceed $300: And provided further, That
expenditures may be made by the above agency from any amount of savings in the operating
expenditures account for the purpose of matching an equal or greater amount of federal grant moneys or local grant moneys, or both, for each arts programming project: And pro-
vided further
, That, along with each voucher submitted for payment to the division of accounts and reports for the payment of moneys from this account, the above agency shall submit a certification signed by the execut ive director stating that the executive director has reviewed the requested expenditure and that it meets all guidelines established by federal or state law, as applicable: And provided further, That, whenever a voucher payment is for a grant to a public or private entity, the above agency shall submit along with the signed certification an affidavit signed by the secretary of administration or the secretary's designee indicating that a satisfactory review of the requested expenditure has been completed: And provided further, That no warrant shall be issued for payment of any amount of money pursuant to any such voucher until such signed certification and, when applicable, signed affidavit have been received from the above agency.
  Arts programming grants and challenge grants......................... $1,052,939
Provided, That any unencumbered balance in the arts programming grants and challenge grants account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: 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 shall be made only for the purpose of matching an equal or greater amount of federal grant moneys or local grant moneys, or both, for each arts programming project: And provided further, That expenditures from this account shall be made in a manner to benefit the maximum number of Kansas communities in the development of Kansas talent and art: And provided further, That, along with each voucher submitted for payment to the division of accounts and reports for the payment of moneys from this account, the above agency shall submit a certification signed by the executive director stating that the executive director has reviewed the requested expenditure and that it meets all guidelines established by federal or state law, as applicable: And provided further, That, the above agency shall submit along with the signed certification an affidavit signed by the secretary of adminis-
tration or the secretary's designee indicating that a satisfactory review of the requested expenditure has been completed: And provided further, That no warrant shall be issued for payment of any amount of money pursuant to any such voucher until such signed certifi-
cation and signed affidavit have been received from the above agency.

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

  State capitol dome sculpture fund...................................... No limit
  Kansas arts commission fee fund........................................ No limit
  Kansas arts commission gifts, grants and bequests fund................. No limit

528             1997 Session Laws of Kansas             Ch. 123

Provided, That expenditures from the Kansas arts commission gifts, grants and bequests fund for state operations shall not exceed $134,152: Provided further, That, along with each voucher submitted for payment to the division of accounts and reports for the payment of moneys from this fund, the above agency shall submit a certification signed by the executive director stating that the executive director has reviewed the requested expenditure and that it meets all guidelines established by federal or state law, as applicable: And provided further, That, whenever a voucher payment is for a grant to a public or private entity, the above agency shall submit along with the signed certification an affidavit signed by the secretary of administration or the secretary's designee ind icating that a satisfactory review of the requested expenditure has been completed: And provided further, That no warrant shall be issued for payment of any amount of money pursuant to any such voucher until such signed certification and, when applicable, signed affidavit have been received from the above agency.

  Kansas arts commission special gifts fund.............................. No limit
  Arts programming grants fund........................................... No limit
Provided, That moneys received by the Kansas arts commission from the remittance of the unexpended balance of arts programming grants to the commission shall be deposited in the state treasury and credited to the arts programming grants fund: Provided further, That expenditures from this fund shall be made only for the purpose of matching an equal or greater amount of federal grant moneys or local grant moneys, or both, for each arts pro-
gramming project: And provided further, That expenditures from this fund shall be made in a manner to benefit the maximum number of Kansas communities in the development of Kansas talent and art: And provided further, That, along with each voucher submitted for payment to the division of accounts and reports for the payment of moneys from this fund, the above agency shall submit a certification signed by the executive director stating that the executive director has reviewed the requested expenditure and that it meets all guidelines established by federal or state law, as applicable: And provided further, That, the above agency shall submit along with the signed certification an affidavit signed by the secretary of administration or the secretary's designee indicating that a satisfactory review of the requested expenditure has been completed: And provided further, That no warrant shall be issued for payment of any amount of money pursuant to any such voucher until such signed certification and signed affidavit have been received from the above agency.

Sec. 67.

KANSAS STATE SCHOOL FOR THE BLIND

(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures............................................... $3,881,473
Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That expenditures from such reappropriated balance shall be made only upon approval of the state finance council.
  Arts for the handicapped............................................... $150,000
  Technology lending library............................................. $100,000
Provided, That all expenditures from the technology lending library account shall be made only for the purpose of matching an equal or greater amount of federal or other nonstate governmental grant moneys or private grant or donation moneys, or any combination thereof, received by the Kansas state school for the blind: Provided further, That no ex-
penditures shall be made from this account except upon approval of the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto, after receiving information that the Kansas state school for the blind has received the required matching funds.

Ch. 123             1997 Session Laws of Kansas             529

(b) There is appropriated for the above agency from the state insti-
tutions building fund for the fiscal year ending June 30, 1998, for the capital improvement project or projects specified as follows:

  Replacement of carpet................................................... $30,000

(c) There is appropriated for the above agency from the following special revenue fund or funds all moneys now or hereafter lawfully cred
-ited 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....................................................... $58,585
  Local services reimbursement fund...................................... No limit
Provided, That the Kansas state school for the blind is hereby authorized to assess and collect a fee of 20% of the total cost of services provided to local school districts: Provided further, That all moneys received from such fees shall be deposited in the state treasury and credited to the local services reimbursement fund: And provided further, That all ex-
penditures from this fund shall be for capital outlay.
  Student activity fees fund............................................. No limit
  Special bequest fund................................................... No limit
  Gift fund.............................................................. No limit
  Technology lending library fund........................................ No limit
  Food assistance - cash for commodities--federal fund................... No limit
  Food assistance - breakfast--federal fund.............................. No limit
  Food assistance - lunch--federal fund.................................. No limit
  Chapter I handicapped--federal fund.................................... No limit
  Education improvement--federal fund...................................  No limit
  Math and science improvement--federal fund............................. No limit
  Elementary and secondary--federal fund................................. No limit
Sec. 68.
KANSAS STATE SCHOOL FOR THE DEAF

(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures............................................... $6,728,318
Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That expenditures from such reappropriated balance shall not exceed $540 except 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 cred-
ited 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....................................................... $87,000
  Local services reimbursement fund...................................... No limit
Provided, That the Kansas state school for the deaf is hereby authorized to assess and collect a fee of 20% of the total cost of services provided to local school districts: Provided further, That all moneys received from such fees shall be deposited in the state treasury and credited to the local services reimbursement fund: And provided further, That all expenditures from this fund shall be for capital outlay.
  Student activity fees fund............................................. No limit
  Elementary and secondary education act--federal fund................... No limit
  Vocational education fund--federal..................................... No limit

530             1997 Session Laws of Kansas             Ch. 123

  Special bequest fund................................................... No limit
  Special workshop fund.................................................. No limit
Sec. 69.
STATE HISTORICAL SOCIETY

(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures............................................... $5,516,367
Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That expenditures from such reappropriated balance shall be made only upon approval of the state finance council: Provided further, That expenditures from the operating expendi-
tures account for official hospitality shall not exceed $2,500.
  Kansas humanities council............................................... $75,000
Any unencumbered balance in excess of $100 as of June 30, 1997, in each of the following accounts is hereby reappropriated for fiscal year 1998: Rehabilitation and repair projects; flood plain improvements.

(b) There is appropriated for the above agency from the following special revenue fund or funds all moneys now or hereafter lawfully cred-
ited 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
  Archeology fee fund.................................................... No limit
Provided, That expenditures may be made from the archeology fee fund for operating ex-
penses for providing archeological services by contract: Provided further, That the state historical society is hereby authorized to fix, charge and collect fees for the sale of such services: And provided further, That such fees shall be fixed in order to recover all or part of the operating expenses incurred in providing archeological services by contract: And provided further, That all fees received from such services shall be credited to the archeology fee fund.
  Microfilm fees fund.................................................... No limit
Provided, That expenditures may be made from the microfilm fees fund for operating ex-
penses for providing microfilming services: Provided further, That the state historical society is hereby authorized to fix, charge and collect fees for the sale of such services: And provided further, That such fees shall be fixed in order to recover all or part of the operating expenses incurred in providing microfilming services: And provided further, That all fees received from such services shall be credited to the microfilm fees fund.
  State of Kansas sports hall of fame fund............................... No limit
  Historic properties fees fund.......................................... No limit
  National historic preservation act fund--state......................... No limit
  Historic preservation overhead fees fund............................... No limit
  National historic preservation act fund--local......................... No limit
  Private gifts, grants and bequests fund................................ No limit
  Insurance collection replacement/reimbursement fund.................... No limit
  Heritage trust fund.................................................... No limit
Provided, That expenditures from the heritage trust fund for state operations shall not exceed $81,256.
  Land survey fee fund................................................... No limit
  State historical society facilities fund............................... No limit
  Unmarked burial sites fund............................................. No limit
  Historic properties fund............................................... No limit

Ch. 123             1997 Session Laws of Kansas             531

  Law enforcement memorial fund.......................................... No limit
  Federal grants fund.................................................... No limit
  Property sale proceeds fund............................................ No limit
Provided, That proceeds from the sale of property pursuant to K.S.A. 75-2701 and amend-
ments thereto shall be deposited in the state treasury and credited to the property sale proceeds fund.

Sec. 70. Position limitations. The number of full-time and regular part-time positions equated to full-time, excluding seasonal and tempo-
rary positions, paid from appropriations for fiscal year 1998 made in this or other appropriation act of the 1997 regular session of the legislature for the following agency or agencies shall not exceed the following, except upon approval of the state finance council:

  State Library.............................................................. 26.0
  Kansas Arts Commission...................................................... 8.0
  Kansas State School for the Blind.......................................... 93.5
  Kansas State School for the Deaf.......................................... 203.5
  State Historical Society.................................................. 136.5
Sec. 71.
FORT HAYS STATE UNIVERSITY

(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures (including official hospitality)............. $26,363,893
Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: 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 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 cred-
ited 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.................................................... $7,813,299
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 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.
  Restricted fees fund................................................... No limit
Provided, That restricted fees shall be limited to receipts for the following accounts: Special events; Gross coliseum services; performing arts center services; farm income; choral music clinic; Reveille (yearbook); off-campus tours; memorial union activities; student activity (un-
allocated); Leader (newspaper); conferences, clinics and workshops--noncredit; summer laboratory school; little theater; library services; student affairs; speech and debate; student government; counseling center services; interest on local funds; student identification cards;

532             1997 Session Laws of Kansas             Ch. 123

nurse education programs; national science foundation grants; veterans administration; fed-
eral programs and research grants; athletics; placement fees; continuing education classes; speech and hearing; child care services for dependent students; computer services; inter-
active television contributions; midwestern student exchange; departmental receipts for all sales, refund s and other collections 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: 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 this fund to procure a policy of accident, personal liability and excess automobile l
iability insurance insuring volunteers participating in the senior companion program against loss in accordance with specifications of federal grant guidelines as provided in K.S.A. 75-4101 and amendments thereto: 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.

  Education opportunity act--federal fund................................ No limit
  Service clearing fund.................................................. No limit
Provided, That the service clearing fund shall be used for the following service activi-
ties: Computer services, storeroom for official supplies including office supplies, paper products, janitorial supplies, printing and duplicating, car pool, postage, copy center, and telecommunications and such other internal service activities as are authorized by the state board of regents under K.S.A. 76-755 and amendments thereto.
  Commencement fees fund................................................. No limit
  Health fees fund....................................................... No limit
Provided, That expenditures from the health fees 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.
  Student union fees fund................................................ No limit
  Kansas career work study program fund.................................. No limit
  Economic opportunity act--federal fund................................. No limit
  Scholarship funds fund................................................. No limit
  Health professions student assistance program fund..................... No limit
  Nine month payroll clearing account fund............................... No limit
  Oil research library gifts and grants fund............................. No limit
  National direct student loan fund...................................... No limit
  Housing system revenue fund............................................ No limit
  Institutional overhead fund............................................. $25,000
  Oil and gas royalties fund............................................. No limit
Provided, That expenditures may be made from the oil and gas royalties fund only for improvements at the university farm.
  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
  Sponsored research overhead fund....................................... No limit
  Wildlife art fund...................................................... No limit



Ch. 123 1997 Session Laws of Kansas 533
Kansas distinguished scholarship fund.................................. No limit
(c) During the fiscal year ending June 30, 1998, the director of ac-
counts and reports shall transfer an amount specified by the president prior to July 1, 1998, from the general fees fund to the equipment reserve fund.

(d) On July 1, 1997, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer an amount specified by the president of not to exceed $125,000 from the general fees fund to the national direct student loan fund.

(e) On July 1, 1997, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer an amount specified by the president of not to exceed $85,000 from the general fees fund to the education opportunity act--federal fund.

Sec. 72.

KANSAS STATE UNIVERSITY

(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures (including official hospitality)............. $91,502,767
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, 1997, and any unencumbered balance in the operating expenditures (including official hospitality) account of Kansas state university--Salina, college of technology in excess of $100 as of June 30, 1997, are hereby reappropriated to the operating expenditures (including official hospitality) account of Kansas state university for fiscal year 1998: 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 cred-
ited 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................................................... $39,658,501
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 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.

534             1997 Session Laws of Kansas             Ch. 123

  Interest on endowment fund.............................................. $75,000
  Restricted fees fund................................................... No limit
Provided, That restricted fees shall be limited to receipts for the following ac-
counts: Educational opportunity grants; human resources management system; computer services; copy centers; standardized test fees; placement center; recreational services; pro-
fessorships; student activities fees; army and aerospace uniforms; aerospace uniform aug-mentation; 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 engi-
neering; contract-post office--federal government; library collections; civil engineering; continuing education; sponsored construction or improvement projects; attorney, educa-
tional and personal development, human resources services; military credentials; student financial assistance; application for undergraduate programs; speech and hearing fees; gifts; human development and family research and training; college of education-publications and services; student financial assistance--federal reimbursement; higher education act; guar-
anteed student loan application processing; student identification card; auditorium receipts; refunds due to or from sponsors; catalog sales; emission spectroscopy fees; interagency consulting; sales and services of educational programs; transcript fees; South Asian curric-
ulum sales; human ecology storeroom; college of human ecology sales; family resource cen-
ter fees; human movement performance; application for post baccalaureate 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 renova-
tions; speech receipts; student coliseum bond fee; student government association receipts; Bramlage coliseum; regents educational communications center; late registration fee; en-
gineering equipment fee; biotechnology facility; English language 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 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 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

Ch. 123             1997 Session Laws of Kansas             535

   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.
  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
(c) During the fiscal year ending June 30, 1998, the director of ac-
counts and reports shall transfer an amount specified by the president prior to July 1, 1998, from the general fees fund to the equipment reserve fund.

(d) On July 1, 1997, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer an amount specified by the president of not to exceed $60,000 from the general fees fund to the Perkins student loan fund.

(e) On July 1, 1997, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer an amount specified by the president of not to exceed $205,000 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 1997 session, fall 1997 semester, or spring 1998 semester above compa-
rable periods in the preceding year, which increase in receipts resulted from increases in enrollment, changes in resident and nonresident stu-
dent 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

536             1997 Session Laws of Kansas             Ch. 123

shall transfer the amount certified from the general fees fund to the tu-
ition accountability fund.

(g) On July 1, 1997, the director of accounts and reports shall transfer all moneys in the general fees fund of Kansas state university--Salina, college of technology to the general fees fund of Kansas state university. On July 1, 1997, all liabilities of the general fees fund of Kansas state university--Salina, college of technology are hereby transferred to and imposed on the general fees fund of Kansas state university and the gen-
eral fees fund of Kansas state university--Salina, college of technology is hereby abolished.

(h) On July 1, 1997, the director of accounts and reports shall transfer all moneys in each account of the restricted fees fund of Kansas state university--Salina, college of technology to the appropriate new or exist-
ing account of the restricted fees fund of Kansas state university, as cer-
tified by the president of Kansas state university. On July 1, 1997, all liabilities of the restricted fees fund of Kansas state university--Salina, college of technology are hereby transferred to and imposed on the re-
stricted fees fund of Kansas state university and the restricted fees fund of Kansas state university--Salina, college of technology is herebyabolished.

(i) On July 1, 1997, the director of accounts and reports shall transfer all moneys in each account of the service clearing fund of Kansas state university--Salina, college of technology to the appropriate new or exist-
ing account of the service clearing fund of Kansas state university, as certified by the president of Kansas state university. On July 1, 1997, all liabilities of the service clearing fund of Kansas state university--Salina, college of technology are hereby transferred to and imposed on the serv-
ice clearing fund of Kansas state university and the service clearing fund of Kansas state university--Salina, college of technology is herebyabolished.

(j) On July 1, 1997, the director of accounts and reports shall transfer all moneys in the equipment reserve fund of Kansas state university--Salina, college of technology to the equipment reserve fund of Kansas state university. On July 1, 1997, all liabilities of the equipment reserve fund of Kansas state university--Salina, college of technology are hereby transferred to and imposed on the equipment reserve fund of Kansas state university and the equipment reserve fund of Kansas state univer-
sity--Salina, college of technology is hereby abolished.

(k) On July 1, 1997, the director of accounts and reports shall transfer all moneys in the housing system suspense fund of Kansas state univer-
sity--Salina, college of technology to the housing system suspense fund of Kansas state university. On July 1, 1997, all liabilities of the housing system suspense fund of Kansas state university--Salina, college of tech-
nology are hereby transferred to and imposed on the housing system suspense

Ch. 123             1997 Session Laws of Kansas             537

fund of Kansas state university and the housing system suspense fund of Kansas state university--Salina, college of technology is hereby abolished.

(l) On July 1, 1997, the director of accounts and reports shall transfer all moneys in the housing system operations fund of Kansas state univer-
sity--Salina, college of technology to the housing system operations fund of Kansas state university. On July 1, 1997, all liabilities of the housing system operations fund of Kansas state university--Salina, college of tech-
nology are hereby transferred to and imposed on the housing system operations fund of Kansas state university and the housing system oper-
ations fund of Kansas state university--Salina, college of technology is hereby abolished.

(m) On July 1, 1997, the director of accounts and reports shall trans-
fer all moneys in the housing system repairs, equipment and improvement fund of Kansas state university--Salina, college of technology to the hous-
ing system repairs, equipment and improvement fund of Kansas state university. On July 1, 1997, all liabilities of the housing system repairs, equipment and improvement fund of Kansas state university--Salina, col-
lege of technology are hereby transferred to and imposed on the housing system repairs, equipment and improvement fund of Kansas state uni-
versity and the housing system repairs, equipment and improvement fund of Kansas state university--Salina, college of technology is herebyabolished.

(n) On July 1, 1997, the director of accounts and reports shall transfer all moneys in the sponsored research overhead fund of Kansas state uni-
versity--Salina, college of technology to the sponsored research overhead fund of Kansas state university. On July 1, 1997, all liabilities of the spon-
sored research overhead fund of Kansas state university--Salina, college of technology are hereby transferred to and imposed on the sponsored research overhead fund of Kansas state university and the sponsored re-
search overhead fund of Kansas state university--Salina, college of tech-
nology is hereby abolished.

Sec. 73.

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)................ $714,139
Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998.
  Cooperative extension service (including official hospitality)...... $15,871,312
Provided, That any unencumbered balance in the cooperative extension service (including official hospitality) account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998.
  Agricultural experiment stations (including official hospitality)... $25,518,587

538             1997 Session Laws of Kansas             Ch. 123

Provided, That any unencumbered balance in the agricultural experiment stations (including official hospitality) account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998.

(b) There is appropriated for the above agency from the following special revenue fund or funds all moneys now or hereafter lawfully cred-
ited 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; professorships; agricultural experiment station, director's office; agronomy-Ash-
land farm; KSU agricultural research center--Hays; KSU southeast agricultural research center; horticulture research center; KSU southwest research extension council; agron-
omy-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 resource 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 prod-
uct sales; horticulture greenhouse and farm products sales; Konza prairie operations; de-
partmental 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 facility grants; statistical laboratory; equipment/pesticide storage building; other specifically designated re-
ceipts 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 pur-
chased 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 1997.
  Colby experiment station fee fund...................................... No limit
  Fort Hays experiment station fee fund.................................. No limit
  Fertilizer research fund............................................... No limit
  Sponsored research overhead fund..................................... $1,014,000
  Federal extension fund............................................... $4,108,031
  Federal experimental station fund.................................... $3,106,303
  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 grant--water plan fund........................ $28,057
(c) On July 1, 1997, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $28,057 from the state water plan fund of the Kansas water office to the irrigation research field grant--water plan fund of Kansas state university extension systems and agriculture research programs.

Ch. 123             1997 Session Laws of Kansas             539

Sec. 74.

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).............. $8,842,427
Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998.

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

  General fees fund.................................................... $4,610,221
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...................... $1,436,950
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 ac-
counts: Sponsored instruction, public service, equipment and facility grants; higher edu-
cation act; dean of veterinary medicine receipts; gifts; application for postbaccalaureate 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 uni-
versity 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 appro-
priate 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.
  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, 1998, the director of ac-
counts and reports shall transfer an amount specified by the president of Kansas state university prior to July 1, 1998, from the general fees fund to the equipment reserve fund.

540             1997 Session Laws of Kansas             Ch. 123

(d) During the fiscal year ending June 30, 1998, the director of ac-
counts and reports shall transfer an amount specified by the president of Kansas state university from the hospital and diagnostic laboratory reve-
nue fund to the hospital and diagnostic laboratory improvement fund.

Sec. 75.

EMPORIA STATE UNIVERSITY

(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures (including official hospitality)............. $25,989,817
Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998.

(b) There is appropriated for the above agency from the following special revenue fund or funds all moneys now or hereafter lawfully cred-
ited 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 improvement project for parking lot improvements.
  General fees fund.................................................... $7,981,106
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; student union; sponsored research; computer services; ex-
tension 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--fed-
eral; 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; departmental re-
ceipts--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: 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 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:

Ch. 123             1997 Session Laws of Kansas             541

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
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.
  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.
  Regents supplemental 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, 1998, the director of ac-
counts and reports shall transfer an amount specified by the president prior to July 1, 1998, from the general fees fund to the equipment reserve fund.

(d) On July 1, 1997, or as soon thereafter as moneys are available, the director of accounts 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, 1997, or as soon thereafter as moneys are available, the director of accounts 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, 1997, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $50,248 from the student union account of the restricted fees fund of Emporia state university to the state general fund.

(g) On July 1, 1997, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $2,399 from the housing systems operations fund of Emporia state university to the state general fund.

542             1997 Session Laws of Kansas             Ch. 123

Sec. 76.

PITTSBURG STATE UNIVERSITY
(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures (including official hospitality)............. $28,140,368
Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: 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 cred-
ited 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................................................... $10,039,191
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 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.
  Restricted fees fund................................................... No limit
Provided, That restricted fees shall be limited to receipts for the following accounts: Com-
puter services; student activity fee accounts; commencement fees; ROTC activities; contin-
uing education receipts; vocational auto parts and service fees; receipts from camps, con-
ferences 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; contract-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 re-
ceipts 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 guide-lines 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 de-
posited 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 includ
e 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 university foundation, inc. for the express purpose of awarding music scholarships: And provided fur-

Ch. 123             1997 Session Laws of Kansas             543

ther, 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: 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............................................. $0
  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 distinguished scholarship program fund.......................... No limit
(c) During the fiscal year ending June 30, 1998, the director of ac-
counts and reports shall transfer an amount specified by the president prior to July 1, 1998, from the general fees fund to the equipment reserve fund.

(d) During the fiscal year ending June 30, 1998, upon certification by the president, the director of accounts and reports shall transfer an amount not to exceed $105,000, from the general fees fund to the follow-
ing specified funds and accounts: Perkins student loan fund; economic opportunity--state match account of the restricted fee fund; nursing student loan fund.

Sec. 77.

UNIVERSITY OF KANSAS

(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures (including official hospitality)............ $110,872,707
Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998.
  Geological survey.................................................... $5,461,831

544             1997 Session Laws of Kansas             Ch. 123

Provided, That any unencumbered balance in the geological survey account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998.

(b) There is appropriated for the above agency from the following special revenue fund or funds all moneys now or hereafter lawfully cred-
ited 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................................................... $71,481,865
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 $40 per student credit hour on courses offered by the school of law: 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 all expenditures from the school of law credit hour fee account of this fund shall be for law school faculty salaries, law student financial aid and the law library: And provided further, That expenditures from the school of law credit hour fee account shall not exceed $650,000: 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 phar-
macy 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 instructional equipment and supplies: And provided further, That expenditures from the school of pharmacy credit hour fee account of this fund shall not exceed $480,000: 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 $2,083,230 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

Ch. 123             1997 Session Laws of Kansas             545

1992 Session Laws of Kansas and amendments thereto is hereby authorized to be expended during fiscal year 1998: 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; clinical psychology conference; concert course; dormitory maintenance; speech and hearing clinic; perceptual motor clinic; application for admission fees; named professorships; summer institutes and workshops; dramatics; eco-
nomic opportunity act; executive management; continuing education programs; geology field trips; gifts and grants; extension services; counseling center; investment income from be-
quests; housing and dormitories; endowment research salaries; engineering research salaries; music and art camp; national defense education programs; child development lab preschools; orientation center; educational placement; press publications; Rice estate educational pro-
ject; 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; animal 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 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 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; bus operations; furniture stores; business office stores; university printing service; military uniforms; telecommunications 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.
  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

546             1997 Session Laws of Kansas             Ch. 123

  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 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
  Tuition accountability fund............................................ No limit
(c) During the fiscal year ending June 30, 1998, the director of ac-
counts and reports shall transfer an amount specified by the chancellor prior to July 1, 1998, from the general fees fund to the equipment reserve fund.

(d) On July 1, 1997, or as soon thereafter as moneys are available, the director of accounts 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 ed-
ucational opportunity fund, federal disadvantaged student loan fund, the federal health professions 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 1997 session, fall 1997 semester, or spring 1998 semester above compa-
rable periods in the preceding year, which increase in receipts resulted from increases in enrollment, changes in resident and nonresident stu-
dent 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 tu-
ition accountability fund.

Sec. 78.

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)............. $87,087,510
Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal

Ch. 123             1997 Session Laws of Kansas             547

year 1998: Provided further, That expenditures may be made from this account for the purchase of malpractice insurance for undergraduate students in training at the university of Kansas school of medicine, nursing and allied health: And provided further, That such malpractice insurance shall be approved by the commissioner of insurance of the state of Kansas: And provided further, That expenditures from this account may be used to reim-
burse medical residents 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 cred-
ited to and available in such fund or funds, except that expenditures shall not exceed the following:

  General fees fund.................................................... $9,663,308
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 further, 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 expenditure 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 administration 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; computer services; salaries reimbursed by the Kansas university endowment association; postgraduate fees; pathology fees; gift receipts; 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 further, That the following additional accounts are authorized for ex-
penditures made on behalf of patients: Blood and blood products; implantable medical devices; specialized laboratory tests; renal dialysis; pharmaceutical supplies; contractual patient air transportation services; intravenous solutions; operating supplies for kidney stone lithotripter; organ procurement; operating supplies for gallstone lithotripter; cancer center services: Provided, however, That the s
tate 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 participating in the midwestern student

548             1997 Session Laws of Kansas             Ch. 123

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
  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.......................... $1,584,528
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 reserve
  fund................................................................... 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, 1997, or as soon thereafter as moneys are available, the director of accounts 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, 1997, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer an amount specified by the chancellor of the university of Kansas of not to exceed $9,825,460

Ch. 123             1997 Session Laws of Kansas             549

from the hospital revenue fund to the hospital overhead reimbursements fund.

(e) During the fiscal year ending June 30, 1998, the director of ac-
count and reports shall transfer an amount specified by the chancellor prior to July 1, 1998, from the general fees fund to the equipment reserve fund.

(f) During the fiscal year ending June 30, 1998, medical students enrolled at the university 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, 1998, the director of ac-
counts 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.

(h) On July 1, 1997, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer an amount specified by the chancellor of the university of Kansas from the hospital revenue fund to the hospital refunding principal and interest sinking fund.

Sec. 79.

WICHITA STATE UNIVERSITY

(a) There is appropriated for the above agency from the state general fund, the following:
  Operating expenditures (including official hospitality)............. $56,049,853
Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998.

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

  General fees fund................................................... $24,626,795
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 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.
  Restricted fees fund................................................... No limit
Provided, That restricted fees shall be limited to receipts for the following accounts: Summer school workshops; concert course; dramatics; continuing education; flight training; gifts and grants (for teaching, research, and capital improvements); testing service; state department

550             1997 Session Laws of Kansas             Ch. 123

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 programs; engineering equipment fee; midwestern student exchange; departmental receipts--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 indi-
viduals 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 therestricted 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 fund................................................ No limit
  Sponsored research overhead fund..................................... $2,000,000
  Economic opportunity--federal fund..................................... No limit
  Education opportunity grant--federal fund.............................. No limit
  Work-study program fund................................................ No limit
  Academic and service building revenue 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
  Pledged residence halls suspense fund.................................. No limit
  Housing system suspense fund........................................... No limit
  Housing system operations fund......................................... No limit
  Housing system repairs, equipment and improvement fund................. No limit
  Perkins loan fund...................................................... No limit
  Rehabilitation engineering center fund................................. No limit
  Kansas distinguished scholarship fund.................................. No limit
  WSU housing systems revenue fund....................................... No limit
  Tuition accountability fund............................................ No limit
(c) During the fiscal year ending June 30, 1998, the director of ac-
counts and reports shall transfer an amount specified by the president

Ch. 123             1997 Session Laws of Kansas             551

prior to July 1, 1998, from the general fees fund to the equipment reserve fund.

(d) On July 1, 1997, or as soon thereafter as moneys are available, the director of accounts 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 1997 session, fall 1997 semester, or spring 1998 semester above compa-rable periods in the preceding year, which increase in receipts resulted from increases in enrollment, changes in resident and nonresident stu-dent 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 tu-ition accountability fund.

(f) On July 1, 1997, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $141,381 from the WSU housing systems revenue fund of Wichita state university to the state general fund.

Sec. 80.

STATE BOARD OF REGENTS

(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures (including official hospitality).............. $1,764,345
Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: 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.
  Technology equipment at regents institutions........................... $750,000
Provided, 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 purchase of technology equipment, in accordance with guidelines estab-
lished by the state board of regents: Provided further, That no allocation of funds shall be made to the university of Kansas, Kansas state university (main campus) or Wichita state university.
  Kansas supplemental grant program.................................... $3,105,887
  State scholarship program.............................................. $953,955
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.
  Tuition grant program................................................ $5,778,144
  Ethnic minority scholarship program.................................... $310,000

552             1997 Session Laws of Kansas             Ch. 123

Provided, That any unencumbered balance in the ethnic minority scholarship program ac-
count in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998.

  Ethnic minority fellowship program..................................... $160,000
Provided, That any unencumbered balance in the ethnic minority fellowship program ac-
count in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998.
  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
Provided, That any unencumbered balance in the teachers scholarship program account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That expenditures from such reappropriated balance shall be made only upon approval of the state finance council.
  Vocational scholarships................................................. $65,000
  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, 1997, is hereby reappropriated for fiscal year 1998.
  Municipal university operating grant................................. $7,454,876
  Tuition grant program--municipal university............................. $75,000
  Expenses for recruiting, interviewing and selecting chief executive officers
  of institutions and state board of regents (including official hospitality
  and 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 cred-
ited to and available in such fund or funds, except that expenditures shall not exceed the following:

  Osteopathic scholarship repayment fund................................. $540,000
Provided, That refunds from the osteopathic scholarship repayment fund shall be in addition to any expenditure limitation imposed on this fund.
  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-

Ch. 123             1997 Session Laws of Kansas             553

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: Provided 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
  Tuition grant 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 ex-
pense 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 a
nd 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
(c) On July 1, 1997, the director of accounts and reports shall transfer all moneys credited to the Kansas Rhodes scholarship discontinued at-
tendance fund to the state general fund and the Kansas Rhodes schol-
arship discontinued attendance fund is hereby abolished.

(d) 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 1998 made in this or

554             1997 Session Laws of Kansas             Ch. 123

other appropriation act of the 1997 regular session of the legislature 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. 81.
DEPARTMENT OF CORRECTIONS

(a) There is appropriated for the above agency from the state general fund the following:
  operations.......................................................... $11,903,202
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, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That expenditures from such reappropriated balance shall not exceed $11,325 except upon approval of the state finance council.
  Community corrections............................................... $13,412,525
Provided, That any unencumbered balance in the community corrections account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That expenditures from such reappropriated balance shall not exceed $6,284 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 1998 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: And provided further, That no expenditures from the com-
munity corrections account may be made for state operations.
  Community correctional conservation camps............................ $1,591,844
  Treatment and programs.............................................. $28,342,563
Provided, That any unencumbered balance in the treatment and programs account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That expenditures from such reappropriated balance shall not exceed $52,407 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................ $200,000
Provided, That any unencumbered balance in the postconviction nonprison sanctions for felony offenders account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That expenditures from such reappropriated balance shall be made only upon approval of the state finance council: Provided further, That ex-
penditures 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 reim-
bursement for the expenses of such sanctions shall be determined and fixed by the secretary of corrections.
  Facilities operations.............................................. $120,111,310
Provided, That any unencumbered balance in the facilities operations account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That expenditures from such reappropriated balance shall not exceed $859,297 except upon approval of the state finance council.

(b) There is appropriated for the above agency from the following

Ch. 123             1997 Session Laws of Kansas             555

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:

  Juvenile justice assistance--federal fund.............................. No limit
  Federal funds--juvenile community corrections fund..................... No limit
  Department of corrections state asset forfeiture fund.................. No limit
  Juvenile aftercare services grant fund................................. No limit
  Carl Perkins act--federal fund......................................... No limit
  Chapter I--federal fund................................................ No limit
  Correctional industries fund......................................... $9,665,133
  Drug abuse fund--community corrections--federal........................ 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: And provided further, That no expenditures shall be made from this fund for the repair of flood damage except upon approval of the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.
S.A. 75-3711c and amendments thereto.
  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 grant fund--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 grant fund-- 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

556             1997 Session Laws of Kansas             Ch. 123

  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 grant fund--
  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 services
  grant fund--federal.................................................... 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 correc-
tional 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........................................ $11,982,942
  Hutchinson correctional facility.................................... $20,800,376
  Lansing correctional facility....................................... $29,593,454
  Ellsworth correctional facility...................................... $7,757,125
  Winfield correctional facility....................................... $8,560,042
  Norton correctional facility......................................... $9,438,479
  El Dorado correctional facility..................................... $15,405,872
  Larned correctional mental health facility........................... $6,500,657
  Food service........................................................ $10,931,660
(d) During the fiscal year ending June 30, 1998, the secretary of cor-
rections, with the governor's approval, may transfer any part of any item of appropriation for the fiscal year ending June 30, 1998, from the state general fund for the department of corrections or any correctional insti-
tution or facility under the general supervision and management of the secretary of corrections to another item of appropriation for fiscal year 1998 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) On January 15, 1998, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $75,000 from the cor-
rectional industries fund of the department of corrections to the state general fund.

(f) Position limitations. The number of full-time and regular part-time positions equated to full-time, excluding seasonal and temporary

Ch. 123             1997 Session Laws of Kansas             557

positions, paid from appropriations made in this or other appropriation act of the 1997 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............................................... 3,016.5
Sec. 82.
ADJUTANT GENERAL

(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures............................................... $3,688,970
Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: 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 $1,250.
  Civil air patrol--operating expenditures................................ $25,512
  National guard educational assistance program.......................... $100,000
(b) There is appropriated for the above agency from the following special revenue fund or funds all moneys now or hereafter lawfully cred-
ited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following:
  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--administration
  fund................................................................... 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. 83.
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 cred-
ited to and available in such fund or funds, except that expenditures, other than refunds authorized by law, purchases of nationally recognized adopted codes for resale and federally reimbursed overtime, shall not exceed the following:
  Fire marshal fee fund................................................ $2,257,241

558             1997 Session Laws of Kansas             Ch. 123

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.

(b) During the fiscal year ending June 30, 1998, the director of the budget, after consultation 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 oper-
ations of the office of the state fire marshal. Upon receipt of each such certification during the fiscal year ending June 30, 1998, 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 rec
eive 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. 84.

KANSAS PAROLE BOARD

(a) There is appropriated for the above agency from the state general fund the following:
  Parole from adult correctional institutions............................ $469,881
Provided, That any unencumbered balance in the parole from adult correctional institutions account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That expenditures from such reappropriated balance shall not exceed $16,498 except upon approval of the state finance council.

Sec. 85.

KANSAS HIGHWAY PATROL

(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures.............................................. $22,999,722
Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That expenditures from such reappropriated balance shall not exceed $21,494 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

Ch. 123             1997 Session Laws of Kansas             559

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.................................................. $579,053
Provided, That any unencumbered balance in the capitol area security account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That expenditures from such reappropriated balance shall not exceed $1,922 except 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 cred-
ited 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 agencies: 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 government 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........................................... $1,084,834
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............................... $1,279,161
  Interagency motor vehicle fuel sales fund.............................. No limit

560             1997 Session Laws of Kansas             Ch. 123

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........................................ $6,216,201
  Highway patrol training center fund.................................... $940,000
(c) On July 1, 1997, the director of accounts and reports shall transfer $136,304 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, 1997, the director of accounts and reports shall transfer $136,305 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, 1997, October 1, 1997, January 1, 1998, and April 1, 1998, the director of accounts and reports shall transfer $1,413,648 from the state highway fund of the department 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, 1997, the director of accounts and reports shall transfer $96,943 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, 1997, the director of accounts and reports shall transfer $161,288 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. 86.

ATTORNEY GENERAL--KANSAS BUREAU OF INVESTIGATION

(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures.............................................. $10,575,897
Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That expenditures from such reappropriated balance shall not exceed $15,174 except upon approval of the state finance council: Provided further, That expenditures from this account for official hospitality shall not exceed $750.
Debt service payment--purchase of headquarters building at 1620 S.W.
  Tyler Street in Topeka................................................. $149,934
(b) There is appropriated for the above agency from the following special revenue fund or funds all moneys now or hereafter lawfully cred-
ited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following:

Ch. 123             1997 Session Laws of Kansas             561

  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................................................ $1,264,139
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 deposited 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.

562             1997 Session Laws of Kansas             Ch. 123

(c) On July 1, 1997, the director of accounts and reports shall transfer an amount certified by the director of the Kansas bureau of investigation as being the unencumbered balance as of June 30, 1997, in the KBI general fees fund which is attributable to criminal history record check fees from the KBI general fees fund to the record check fee fund.

Sec. 87.

JUVENILE JUSTICE AUTHORITY

(a) There is appropriated for the above agency from the following special revenue fund or funds all moneys now or hereafter lawfully cred-
ited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following:
  Juvenile justice delinquency prevention--federal fund........................ $0
  Juvenile detention facilities fund........................................... $0
  Family and children investment fund.......................................... $0
  Juvenile justice fee fund.............................................. No limit
  Kansas endowment for youth trust fund.................................. No limit
  Juvenile justice federal fund.......................................... No limit

Sec. 88.

YOUTH CENTER AT TOPEKA

(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures............................................... $9,965,204
Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That expenditures from such reappropriated balance shall not exceed $45,806 except upon approval of the state finance council: Provided further, That expenditures may be made from this account for an educational services contract which is hereby authorized to be negotiated and entered into by the above agency with a unified school district or another public educational services provider: And provided further, That such educational services contract 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 cred-
ited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following:

  Youth center at Topeka fee fund........................................ No limit
  Youth center at Topeka improvement fund...................................... $0
  Elementary and secondary education fund--federal....................... No limit
  Canteen fund........................................................... No limit
  Patient benefit fund................................................... No limit
(c) The superintendent, upon the approval of the director of accounts and reports, during the fiscal year ending June 30, 1998, shall transfer $4,000 from the canteen fund to the patient benefit fund.

Sec. 89.

YOUTH CENTER AT BELOIT

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

Ch. 123             1997 Session Laws of Kansas             563

  Operating expenditures............................................... $4,511,968
Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: 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 this ac-
count for an educational services contract which is hereby authorized to be negotiated and entered into by the above agency with a unified school district or another public educational services provider: And provided further, That such educational services contract 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 cred-
ited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following:

  Youth center at Beloit fee fund........................................ No limit
  Elementary and secondary education fund--federal....................... No limit
  Canteen fund........................................................... No limit
  Patient benefit fund................................................... No limit
(c) The superintendent, upon the approval of the director of accounts and reports, during the fiscal year ending June 30, 1998, shall transfer $1,000 from the canteen fund to the patient benefit fund.

Sec. 90.

YOUTH CENTER AT ATCHISON

(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures............................................... $5,303,624
Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That expenditures from such reappropriated balance shall not exceed $22,767 except upon approval of the state finance council: Provided further, That expenditures may be made from this account for an educational services contract which is hereby authorized to be negotiated and entered into by the above agency with a unified school district or another public educational services provider: And provided further, That such educational services contract 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:

  Youth center at Atchison fee fund...................................... No limit
  Elementary and secondary education fund--federal....................... No limit
  Canteen fund........................................................... No limit
  Patient benefit fund................................................... No limit
(c) The superintendent, upon the approval of the director of accounts and reports, during the fiscal year ending June 30, 1998, shall transfer $500 from the canteen fund to the patient benefit fund.

564             1997 Session Laws of Kansas             Ch. 123

Sec. 91.

LARNED STATE HOSPITAL--YOUTH CENTER AT LARNED

(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures--youth center at Larned....................... $3,751,211
Provided, That any unencumbered balance in the youth center at Larned expansion oper-
ating expenditures account in excess of $100 as of June 30, 1997, is hereby reappropriated to the operating expenditures--youth center at Larned account for fiscal year 1998: Pro-
vided, however
, That expenditures from such reappropriated balance shall not exceed $17,054 except upon approval of the state finance council.

Sec. 92.

EMERGENCY MEDICAL SERVICES BOARD

(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures................................................. $726,382
Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That expenditures from such reappropriated balance shall be made only upon approval of the state finance council.
  Regional council grants................................................. $68,094
(b) There is appropriated for the above agency from the following special revenue fund or funds all moneys now or hereafter lawfully cred-
ited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following:
  EMS--federal fund...................................................... No limit
  Emergency medical services operating fund............................... $28,400
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. 93.

KANSAS SENTENCING COMMISSION

(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures................................................. $247,556
Any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998 to the state matching funds account which is hereby created in the state general fund: Provided, That all expenditures from the state matching funds account shall be for purposes of providing matching funds pursuant to federal grant requirements: Provided further, That no expenditures shall be made from the state matching funds account except upon approval of the state finance council acting on this matter which is hereby characterized as a matter of legislative dele-
gation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto.

(b) There is appropriated for the above agency from the following special revenue fund or funds all moneys now or hereafter lawfully cred-

Ch. 123             1997 Session Laws of Kansas             565

ited 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
  Juvenile justice--federal fund......................................... No limit
  Statistical analysis--federal fund..................................... No limit
  Drug abuse fund--federal............................................... No limit

Sec. 94.

OMBUDSMAN OF CORRECTIONS

(a) There is appropriated for the above agency from the state general fund the following:
  Adult corrections oversight............................................ $166,000
Provided, That any unencumbered balance in the adult corrections oversight account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That expenditures from such reappropriated balance shall be made only upon approval of the state finance council.

Sec. 95. Position limitations. The number of full-time and regular part-time positions equated to full-time, excluding seasonal and tempo-
rary positions, paid from appropriations for fiscal year 1997, made in this or other appropriation act of the 1996 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......................................................... 40.0
  Kansas Parole Board......................................................... 4.0
  Kansas Highway Patrol..................................................... 774.8
  Attorney General--Kansas Bureau of Investigation.......................... 196.5
Provided, That, on the effective date of this act, all temporary personnel in the unclassified service under the Kansas civil service act who are performing custodial and maintenance services for the above agency in the above agency's Topeka office are hereby placed in the classified service under the Kansas civil service act.
  Juvenile Justice Authority................................................ 151.5
  Youth Center at Topeka.................................................... 222.0
  Youth Center at Beloit..................................................... 92.0
  Youth Center at Atchison.................................................. 119.0
  Larned State Hospital--Youth Center at Larned............................. 127.0
  Emergency Medical Services Board........................................... 13.0
  Kansas Sentencing Commission................................................ 6.0
  Ombudsman of Corrections.................................................... 4.0
Sec. 96.
KANSAS DEPARTMENT OF AGRICULTURE

(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures (including official hospitality).............. $9,567,503
Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: Provided, however, That expenditures from such reappropriated balance shall not exceed $33,726 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

566             1997 Session Laws of Kansas             Ch. 123

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.

  Computer system........................................................ $300,000
Provided, That any unencumbered balance in the computer system account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998.

(b) There is appropriated for the above agency from the following special revenue fund or funds all moneys now or hereafter lawfully cred-
ited 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................................................ $105,215
  Meat and poultry inspection fee fund.................................... $52,314
  Wheat quality survey fund............................................... $28,000
  Entomology fee fund.................................................... $110,997
  Laboratory equipment fund.............................................. No limit
  Water structures--state highway fund................................... $118,500
  Soil amendment fee fund.................................................. $1,694
  Agricultural liming materials fee fund.................................. $31,427
  Weights and measures fee fund........................................... $49,000
  Water appropriation certification fund................................. $366,799
  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............................................... $80,540
  Chemigation fee fund.................................................... $87,203
  Agriculture statistics fund............................................ No limit
  Petroleum inspection fee fund.......................................... $600,000
  Water transfer hearing fund............................................ No limit
  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........................................ $975,056

Ch. 123             1997 Session Laws of Kansas             567

Provided, That expenditures from the water plan special revenue fund for salaries and wages shall not exceed $581,255: Provided further, That expenditures may be made for fiscal year 1998 from any account of this fund having an unencumbered balance in such account as of June 30, 1997, which was authorized to be expended for fiscal year 1997: And provided further, That all expenditures from the unencumbered balance of any such account of this fund shall be in addition to any expenditure limitation imposed on this fund for fiscal year 1998: And provided further, That any unencumbered balance from any account of this fund as of June 30, 1998, is hereby lapsed.

  Agricultural chemical fee fund......................................... $285,588
  Feeding stuffs fee fund................................................ $497,070
  Fertilizer fee fund.................................................... $476,282
  Livestock remedies fee fund............................................. $17,780
  Pesticide use fee fund................................................. $477,539
  Grade A milk fee fund.................................................. $203,357
  Geographic information system fee fund................................. No limit
  Seed examination fee fund............................................... $46,508
  Egg fee fund........................................................... $130,751
  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............................................................. $0
  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 prepa
ration 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, s
hall 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 1998 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 1998 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, 1997, the director of accounts and reports shall transfer $103,090 from the state highway fund of the department of transportation to the water structures--state highway fund of the Kansas department of agriculture.

568             1997 Session Laws of Kansas             Ch. 123

(d) On July 1, 1997, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $819,779 from the state water plan fund of the Kansas water office to the water plan special rev-
enue fund of the Kansas department of agriculture.

Sec. 97.

KANSAS ANIMAL HEALTH DEPARTMENT

(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures................................................. $540,453
Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: 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 cred-
ited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following:

  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
(c) On July 1, 1997, the director of accounts and reports shall transfer $50,000 from the state general fund to the livestock indemnification fund of the Kansas animal health department.

Sec. 98.

KANSAS STATE GRAIN INSPECTION DEPARTMENT
(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures.................................................. $34,589
(b) There is appropriated for the above agency from the following special revenue fund or funds all moneys now or hereafter lawfully cred-
ited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following:
  Grain inspection fee fund............................................ $4,979,101
Provided, That any expenditures from the grain inspection fee fund to remit fees imposed under federal law and collected by the above agency for the federal grain inspection service shall be in addition to any expenditure limitation imposed on this fund for fiscal year 1998.

Sec. 99.

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

Ch. 123             1997 Session Laws of Kansas             569

  Operating expenditures................................................. $115,000
Provided, That expenditures from the operating expenditures account for official hospitality shall not exceed $2,000.

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

  State fair fee fund.................................................... No limit
  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 1998.

Sec. 100.

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 cred-
ited 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......................................... $2,586,004
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.

(b) On July 1, 1997, the director of accounts and reports shall transfer all moneys in the Kansas wheat commission emergency fund of the Kan-
sas wheat commission to the Kansas wheat commission fund of the Kansas wheat commission. On July 1, 1997, all liabilities of the Kansas wheat commission emergency fund are hereby imposed upon the Kansas wheat commission fund of the Kansas wheat commission and the Kansas wheat commission emergency fund of the Kansas wheat commission is hereby abolished.

Sec. 101.

STATE CONSERVATION COMMISSION

(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures................................................. $576,804
Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: 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 cred-
ited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following:

570             1997 Session Laws of Kansas             Ch. 123

  Water plan special revenue fund...................................... $9,756,550
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 water plan special revenue fund may be made only for the purposes specifically authorized by this or other appropriation act.
  Land reclamation fee fund.............................................. $100,668
  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 pur-
poses, subject to the expenditure limitations prescribed therefor:
  Land treatment cost-share programs................................... $4,800,000
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 $2,720,000 of the initial allocation among conser-
vation districts for such grants for fiscal year 1998 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 1998 shall be allocated to conservation districts on a priority basis, as determined by the state conser-
vation 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 1998 for the land treatment 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: And provided further, That any unencumbered balance as of June 30, 1998, in any subaccount of this account is hereby lapsed on June 30, 1998.
  Non-point source pollution........................................... $2,478,424
  Conservation district aid............................................ $1,016,500
  Multipurpose small lakes program....................................... $517,900
  Watershed dam construction............................................. $850,000
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............................................ $93,726
(d) In addition to the other purposes for which expenditures may be made by the above agency from the water plan special revenue fund for the fiscal year ending June 30, 1998, expenditures may be made by the above agency from the unencumbered balance as of June 30, 1997, in each of the following accounts of the water plan special revenue fund for fiscal year 1998: Non-point source pollution; watershed dam construction;

Ch. 123             1997 Session Laws of Kansas             571

multi-purpose small lake project; riparian and wetland program: Provided further, That expenditures from the unencumbered balance of any such account shall not exceed the amount of the unencumbered balance in such account on June 30, 1997: And provided further, That any unencumbered balance as of June 30, 1998, in any account of this fund is hereby lapsed on June 30, 1998.

(e) On July 1, 1997, the director of accounts and reports shall transfer $1,016,500 from the unencumbered balance in the land treatment cost-share programs account of the water plan special revenue fund to the conservation district aid account of the water plan special revenue fund, which account is hereby created.

(f) On July 1, 1997, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer amounts which in the ag-
gregate shall not exceed $8,740,050 from the state water plan fund of the Kansas water office to the water plan special revenue fund of the state conservation commission.

Sec. 102.

KANSAS WATER OFFICE

(a) There is appropriated for the above agency from the state general fund the following:
  Water resources operating expenditures............................... $1,296,821
Provided, That any unencumbered balance in the water resources operating expenditures account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: 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................................................ $2,449,212
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 development, 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: And provided further, That expenditures may be made from this fund for a study of the overall direction of programs and activities funded from this fund: And provided further, That expenditures from this fund for such study shall not exceed $50,000: And provided further, That any unencumbered balance in any account of this fund as of June 30, 1997, is hereby lapsed on July 1, 1997: And provided further, That any unencumbered balance as of June 30, 1998, in any account of this fund is hereby lapsed on June 30, 1998.
  Conversion of materials and equipment fund................................... $0
  Water supply storage assurance fund.......................................... $0

572             1997 Session Laws of Kansas             Ch. 123

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 subaccount: Provided further, That all expenditures from any such subaccount shall be in addition to any expenditure limitation imposed on this fund for fiscal year 1997.

  State conservation storage water supply fund................................. $0
  Water marketing fund................................................... No limit
  Federal grants and receipts fund....................................... No limit
  Water conservation projects fund............................................. $0
(c) On June 30, 1998, the director of accounts and reports shall transfer any unencumbered balance in each of the following funds of the specified state agencies to the state water plan fund of the Kansas water office: Water plan special revenue fund of the department of health and environment; environmental education grant fund of the department of education; irrigation research field grant--water plan fund of Kansas state university extension systems and agriculture research programs; water plan special revenue fund of the Kansas department of agriculture; water plan special revenue fund of the state conservation commission; water plan special revenue fund of the Kansas department of wildlife and parks.

Sec. 103.

DEPARTMENT OF WILDLIFE AND PARKS

(a) There is appropriated for the above agency from the state general fund the following:
  Operating expenditures............................................... $3,855,010
Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 1997, is hereby reappropriated for fiscal year 1998: 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 operating 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.
  Wildlife fee fund diversion repayment.................................. $720,073
Provided, That expenditures may be made from the wildlife fee fund diversion repayment account in fulfillment of agreements between the department of wildlife and parks and the United States fish and wildlife service.

(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................................................... $17,155,276
Provided, That additional expenditures may be made from the wildlife fee fund for fiscal year 1998 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 1998: 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....................................................... $3,699,503
Provided, That additional expenditures may be made from the parks fee fund for fiscal year

Ch. 123             1997 Session Laws of Kansas             573

1998 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 1998: 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..................................................... $1,035,382
Provided, That additional expenditures may be made from the boating fee fund for fiscal year 1998 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 1998: 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
  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
  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, 1997, 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.

574             1997 Session Laws of Kansas             Ch. 123

(d) On July 15, 1997, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $31,715 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 corrections.

(e) On July 1, 1997, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $114,675 from the boating fee fund to the wildlife fee fund.

(f) On or before July 10, 1997, and on or before the 10th day of each month thereafter during fiscal year 1998, 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.

(g) In addition to the other purposes for which expenditures may be made by the department of wildlife and parks from the moneys appro-
priated in the parks fee fund for the fiscal year ending June 30, 1998, as authorized by this or other appropriation act of the 1997 regular session of the legislature, expenditures may be made from the parks fee fund for fiscal year 1998 for operating expenditures and capital improvement pro-
jects for the purposes 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 parksystem.

Sec. 104. 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 1998 made in this or other appropriation act of the 1997 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.......................................... 305.8
  Kansas Animal Health Department............................................ 29.0
  Kansas State Grain Inspection Department.................................. 117.0
  State Fair Board........................................................... 18.0
  Kansas Wheat Commission..................................................... 8.0
  State Conservation Commission.............................................. 14.0
  Kansas Water Office........................................................ 21.5
  Department of Wildlife and Parks.......................................... 394.3

Sec. 105.

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

Ch. 123             1997 Session Laws of Kansas             575

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, 1998, in satisfaction of liabilities arising from the unconditional guarantee 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 ex-
penditures 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.................................................. $194,558,963
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: And provided further, That expenditures from the agency operations account of the state highway fund for a business processing reengineering and system requirements definition phase of a computer project to replace existing financial and maintenance man-
agement computer software systems shall be subject to the provisions of subsection (c): And provided further, That all expenditures for such computer project shall be in addition to any expenditure limitation imposed on the agency operations account of the state highway fund for fiscal year 1998, except that the total expenditures from the agency operations account for such computer project shall not exceed $3,000,000.
  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

576             1997 Session Laws of Kansas             Ch. 123

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 for
  buildings............................................................ $5,090,921
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 unexpended balances as of June 30, 1997, 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 1998.
  Other capital improvements............................................. No limit
(c) Expenditures may be made from the agency operations account of the state highway fund for fiscal year 1998 for the purpose of contracting for a business processing reengineering and system requirements definition phase of a computer project to replace the existing financial and maintenance management computer software systems: Provided, however, That no expenditures shall be made from any moneys appropriated for the department of transportation for fiscal year 1998, by this or other appropriation act of the 1997 regular session of the legislature, for any subsequent work on such computer project, including, but not limited to, the purchase of any hardware or software, system design or system implementation, except upon approval of the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed by subsection (c) of K.S.A. 75-3711c and amendments thereto: Provided further, That, prior to the approval by the state finance council of any such expenditure from the agency operations account of the state highway fund, the results of the business process reengineering and system requirements definition phase shall be reviewed by the joint committee on computers andtelecommunications.

(d) On April 1, 1998, 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.

(e) 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 guarantee fund the amount certified by the secretary as due and payable.

(f) Any transfer of money during the fiscal year ending June 30, 1998,

Ch. 123             1997 Session Laws of Kansas             577

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, 1998.

(g) Any transfer of money during the fiscal year ending June 30, 1998, 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, 1998.

(h) 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, 1998, made in this or other appropriation act of the 1997 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............................................ 3,227.5
Sec. 106. Kansas quality program. (a) In addition to other expendi-
tures authorized 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, 1998, by the department of transportation, if the agency is participating in the Kansas quality program under 1996 Supp. K.S.A. 75-37,115 and amendments thereto, for the following purposes: (1) Quality awards that are salary bonus payments to permanent full-time or regular part-time employees of the state agency pursuant to subsection (c) of K.S.A. 1996 Supp. 75-37,115 and amendments thereto 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 1998 submitted by the state agency pursuant to K.S.A. 75-3717 and amendments thereto, and (3) professional development training in support of the Kansas quality program: Provided, That all such expenditures from such fund for the fiscal year 1998 shall be in addition to any expenditure limitation imposed on the agency operations account of the state highway fund for fiscal year 1998: Provided, however, That the total amount of such expenditures from the agency operations account of the state highway fund for fiscal year 1998 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 1997 for agency operations, as determined by the director of accounts and reports: Provided further, That, in addition to the limitations prescribed by K.S.A. 1996 Supp. 75-37,115 and amendments thereto, the total net amount of any such salary bonus payments to any individual employee during fiscal year 1998 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,

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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, 1997, in any Kansas quality management account or KQM expenditures account of the any special revenue fund of the department of transportation, which was established under the Kansas quality program under K.S.A. 1996 Supp. 75-37,115 and amendments thereto or which was appropriated by subsection (b) of section 125 of chapter 191 of the 1996 Session Laws of Kansas and which is not otherwise specifically appropriated or limited by this or other appropriation act of the 1997 regular session of the legislature, is hereby appropriated for the fiscal year ending June 30, 1998, for the purposes authorized in subsection (a). All expenditures from any such Kansas quality management account or KQM expenditures 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, 1998.

(c) No salary bonus payment paid pursuant to this section during fiscal year 1998 shall be compensation, within the meaning of K.S.A. 74-4901 et seq., and amendments thereto, for any purpose under the Kansas pub-
lic 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. 107. Kansas quality program. (a) In addition to other expenditures authorized 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, 1998, for any state agency named in this act that is participating in the Kansas quality program under K.S.A. 1996 Supp. 75-37,115 and amendments thereto for the following purposes: (1) Quality awards that are salary bonus payments to permanent full-time or regular part-time employees of the state agency pursuant to subsection (c) of K.S.A. 1996 Supp. 75-37,115 and amendments thereto 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 1998 submitted by the state agency pursuant to K.S.A. 75-3717 and amendments thereto, and (3) professional development training in support of the Kansas quality program: Provided, however, That the total of all such expenditures from
such account of the state general fund for the fiscal year 1998 shall not exceed the amount equal to 50% of the amount of the unencumbered balance as of June 30, 1997, in such account of the state general fund that is reappropriated for fiscal year 1998 and that is in excess of the amount authorized to be expended for fiscal year 1998 from such reap-
propriated balance, as determined by the director of accounts and reports:

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Provided further, That, in addition to the limitations prescribed by K.S.A. 1996 Supp. 75-37,115 and amendments thereto, the total net amount of any such salary bonus payments to any individual employee during fiscal year 1998 that are paid under subsection (b) or this subsection shall not exceed $1,000: And provided further, That the provisions of this subsec-
tion shall apply only to that portion of any such account from which ex-
penditures may be made for state operations: And provided further, That all such expenditures from the reappropriated balance in any such ac-
count for the fiscal year 1998 shall be in addition to any expenditure limitation imposed on expenditures from the reappropriated balance in any such account for fiscal year 1998.

(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, 1998, for a state agency named in this act that is participating in the Kansas quality program for the following purposes: (1) Quality awards that are salary bonus payments to permanent full-time or regular part-time employees of the state agency pursuant to subsection (c) of K.S.A. 1996 Supp. 75-37,115 and amendments thereto 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 1998 submitted by the state agency pursuant to K.S.A. 75-3717 and amendments thereto, and (3) professional development training in support of the Kansas quality program: Provided, That all such expendi-
tures from such fund for the fiscal year 1998 shall be in addition to any expenditure limitation imposed on such fund or any account thereof for fiscal year 1998: Provided, however, That the total amount of such ex-
penditures from such fund for fiscal year 1998 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 1997 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, in addition to the limitations prescribed by K.S.A.1996 Supp. 75-37,115 and amendments thereto, the total net amount of any such salary bonus payments to any individual employee during fiscal year 1998 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, 1997, in any Kansas quality management account or KQM expenditures account of the state general fund of any state agency named in this act,

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which was established under the Kansas quality program under K.S.A. 1996 Supp. 75-37,115 and amendments thereto or which was reappro-
priated by subsection (c) of section 146 of chapter 191 of the 1996 Session Laws of Kansas and which is not otherwise specifically appropriated or limited by this or other appropriation act of the 1997 regular session of the legislature, is hereby reappropriated for the fiscal year ending June 30, 1998, 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, 1997, in any Kansas quality management account or KQM expenditures account of any special revenue fund of any state agency named in this act, which was established under the Kansas quality program under K.S.A. 1996 Supp. 75-37,115 and amendments thereto or which was appropriated by subsection (d) of section 146 of chapter 191 of the 1996 Session Laws of Kansas and which is not otherwise specifically appropriated or limited by this or other appropriation act of the 1997 regular session of the legisla-
ture, is hereby appropriated for the fiscal year ending June 30, 1998, 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 1998.

(d) No salary bonus payment paid pursuant to this section during fiscal year 1998 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 this act or to the department of transportation.

Sec. 108. 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, 1998, made in this act or in any other appropriation act of the 1997 regular session of the legislature may be exceeded upon approval of the state finance council.

Sec. 109. 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. 110. Savings. Any unencumbered balance as of June 30, 1997, in any special revenue fund, or account thereof, which is not otherwise specifically appropriated or limited by this or other appropriation act of the

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1997 regular session of the legislature, is hereby appropriated for the fiscal year ending June 30, 1998, for the same use and purpose as the same was heretofore appropriated. This section shall not apply to any state agency named in section 22 of this act.

Sec. 111. 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 1997 regular session of the legislature, is hereby appropriated for the fiscal year ending June 30, 1998, 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 ex-
penditures therefrom. This section shall not apply to any state agency named in section 22 of this act.

Sec. 112. Any transfers of money during the fiscal year ending June 30, 1998, 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, 1998.

Sec. 113. On July 1, 1997, K.S.A. 1996 Supp. 79-2959 is hereby amended to read as follows: 79-2959. (a) There is hereby created the local ad valorem tax reduction fund. All moneys transferred or credited to such fund under the provisions of this act or any other law shall be apportioned and distributed in the manner provided herein.

(b) On January 15 and on July 15 of each year, the director of accounts and reports shall make transfers in equal amounts which in the aggregate equal 4.5% of the total retail sales and compensating taxes credited to the state general fund pursuant to articles 36 and 37 of chapter 79 of Kansas Statutes Annotated and acts amendatory thereof and supplemental thereto during the preceding calendar year from the state general fund to the local ad valorem tax reduction fund, except that: (1) The transfers on January 15 and July 15 of each year shall be in equal amounts which in the aggregate equal 3.630% of such taxes credited to the state general fund during the preceding calendar year; and (2) the amount of the transfer on each such date during state fiscal year 1997 1998 shall be equal to 101.4% 101.75% of the amount transferred on the same date during state fiscal year 1996 1997. All such transfers are subject to re-
duction under K.S.A. 1996 Supp. 75-6704 and amendmen
ts thereto. All transfers made in accordance with the provisions of this section shall be considered to be demand transfers from the state general fund.

(c) The state treasurer shall apportion and pay the amounts trans-

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ferred under subsection (b) to the several county treasurers on January 15 and on July 15 in each year as follows: (1) Sixty-five percent of the amount to be distributed shall be apportioned on the basis of the popu-
lation figures of the counties certified to the secretary of state pursuant to K.S.A. 11-201 and amendments thereto on July 1 of the preceding year; and (2) thirty-five percent of such amount shall be apportioned on the basis of the equalized assessed tangible valuations on the tax rolls of the counties on November 1 of the preceding year as certified by the director of property valuation.

Sec. 114. On July 1, 1997, K.S.A. 1996 Supp. 79-2964 is hereby amended to read as follows: 79-2964. There is hereby created the county and city revenue sharing fund. All moneys transferred 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 pre-
ceding calenda
r year; and (b) the amount of the transfer on each such date during state fiscal year 1997 1998 shall be equal to 101.4% 101.75% of the amount transferred on the same date during state fiscal year 1996 1997. All such transfers are subject to reduction under K.S.A. 1996 Supp. 75-6704 and amendments thereto. All transfers made in accordance with the provisions of this section shall be considered to be demand transfers from the state general fund.

Sec. 115. On July 1, 1997, K.S.A. 1996 Supp. 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. 1996 Supp. 75-6704, and amend-
ments thereto; and (2) the amount of the transfer on each such date during state fiscal year 1997 1998 shall not exceed the amount equal to 101.4% 101.75% of the amount transferred on the same date during state fiscal year 1996 1997. All transfers under this section shall be considered to be demand transfers from the state general fund.

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Sec. 116. On July 1, 1997, K.S.A. 1996 Supp. 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 1997 1998 shall not exceed the amount equal to 101.4% 101.75% of the amount transferred on the same date during state fiscal year 1996 1997. All transfers made pursuant to this section are subject to reduction under K.S.A. 1996 Supp. 75-6704, and amendments thereto.

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

Sec. 117. In accordance with appropriations authorized for the fiscal year ending June 30, 1998, by this or other appropriation act of the 1997 regular session of the legislature:

(a) The governor is hereby authorized and directed to modify the pay plan adopted for fiscal year 1997 in accordance with this subsection and to adopt such pay plan as so modified. The existing pay plan for fiscal year 1997 shall be modified to provide for an increase of 1% in the pay rates of such pay plan. The pay plan adopted by the governor under this subsection shall be the pay plan for the classified service under the Kansas civil service act and shall be effective on the first day of the first biweekly payroll period which is chargeable to the fiscal year ending June 30, 1998. Such pay plan shall be subject to modification and approval as provided under K.S.A. 75-2938 and amendments thereto and to any enactment of the legislature applicable thereto.

(b) (1) The governor is hereby authorized and directed to modify or authorize the modification of the salaries of state officers and employees who are in the unclassified service under the Kansas civil service act and whose salaries are subject to approval by the governor under K.S.A. 75-2935b or 75-2935c and amendments thereto or under any other statute to provide for base salary increases, to be effective on the first day of the first biweekly payroll period which is chargeable to the fiscal year ending June 30, 1998, and to be distributed on a merit basis from a merit salary increase pool, the average of such increases shall not exceed 3.5% of the base salaries of such officers and employees.

(2) Each elected state official of the executive branch of state government, including the state board of education, the state board of re-

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gents, the board of trustees of the Kansas public employees retirement system, Kansas, Inc., the board of directors of Kansas technology enter-
prise corporation and the board of directors of the corporation for change, in such official, agency or board's discretion, are hereby authorized and directed to modify or to authorize the modification of the salaries of the state officers and employees of such official, agency or board who are in the unclassified service under the Kansas civil service act and whose salaries are not subject to approval by the governor under K.S.A. 75-2935b or 75-2935c and amendments thereto or any other statute to provide for base salary increases to be effective on the first day of the first biweekly payroll period which is chargeable to the fiscal year ending June 30, 1998, and to be distributed on a merit basis f
rom a merit salary increase pool, the average of such increases shall not exceed 3.5% of the base salaries of such officers and employees of such official agency or board.

(c) The provisions of subsection (b)(2) shall not authorize or provide
any salary increase for the governor, lieutenant governor, secretary of
state, state treasurer, commissioner of insurance, attorney general, or to
any member of any state board, commission, council or committee receiving per diem compensation as provided by statute.

Sec. 118. On July 1, 1997, K.S.A. 1996 Supp. 79-2959, 79-2964, 79-3425i and 79-34,147 are hereby repealed.

Sec. 119. This act shall take effect and be in force from and after
July 1, 1997, or the date upon which the omnibus reconciliation spending
limit bill of 1997 becomes effective, whichever is later, and its publication
in the statute book.

Approved April 24, 1997.