Ch. 192             1997 Session Laws of Kansas             1599

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

Section 1. (a) For the fiscal years ending June 30, 1997, June 30,
1998, and June 30, 1999, appropriations are hereby made, restrictions
and limitations are hereby imposed, and transfers, fees, receipts, dis-
bursements, and acts incidental to the foregoing are hereby directed or
authorized as provided in this act.

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

(c) This act shall be known and may be cited as the omnibus appro-
priation act of 1997 and shall constitute the omnibus reconciliation spend-
ing limit bill for the 1997 regular session of the legislature for purposes
of subsection (a) of K.S.A. 1996 Supp. 75-6702 and amendments thereto.

1600             1997 Session Laws of Kansas             Ch. 192

(d) The appropriations made by this act shall not be subject to the
provisions of K.S.A. 46-155 and amendments thereto.

Sec. 2.

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

  Operating expenditures
  For the fiscal year ending June 30, 1997............................... $100,000
  For the fiscal year ending June 30, 1998................................ $25,924
  Corporate tax consultant
  For the fiscal year ending June 30, 1997............................... $250,000

(b) On the effective date of this act, the expenditure limitation estab-
lished by section 18(c) of 1997 Senate Substitute for House Bill No. 2272
on the division of vehicles operating fund is hereby increased from
$28,367,837 to $28,867,837.

(c) On July 1, 1997, the expenditure limitation established by section
48(b) of 1997 Senate Substitute for House Bill No. 2160 on the division
of vehicles operating fund is hereby increased from $28,850,255 to
$28,864,978.

(d) On July 1, 1997, the expenditure limitation established by section
48(b) of 1997 Senate Substitute for House Bill No. 2160 on the salaries
and wages account of the division of vehicles operating fund is hereby
decreased from $16,830,473 to $16,780,470.

(e) On July 1, 1997, the position limitation established by section
54(a) of 1997 Senate Substitute for House Bill No. 2160 for the above
agency is hereby decreased from 1,190.5 to 1,186.5.

(f) On July 1, 1997, the director of accounts and reports shall transfer
$72,329 from the state highway fund of the department of transportation
to the division of vehicles operating fund of the department of revenue
for the purposes of financing the cost of operation and general expense
of the division of vehicles and related operations of the department of
revenue.

Sec. 3.

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

  Warehouse fee fund
  For the fiscal year ending June 30, 1998............................... $410,105
  Grain inspection fee fund
  For the fiscal year ending June 30, 1998............................... No limit

Ch. 192             1997 Session Laws of Kansas             1601

(b) On July 1, 1997, the position limitation established by section 104
of 1997 Senate Substitute for House Bill No. 2160 for the above agency
is hereby increased from 305.8 to 316.8.

Sec. 4.

(a) On July 1, 1997, the $34,589 appropriated for the above agency
for the fiscal year ending June 30, 1998, by section 98(a) of 1997 Senate
Substitute for House Bill No. 2160 from the state general fund in the
operating expenditures account, is hereby lapsed.

(b) On July 1, 1997, the expenditure limitation established by section
98(b) of 1997 Senate Substitute for House Bill No. 2160 on the grain
inspection fee fund is hereby decreased from $4,979,101 to $829,850.

Sec. 5.

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

  Operating expenditures
  For the fiscal year ending June 30, 1998................................ $26,675

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

  Pseudorabies indemnification fund
  For the fiscal year ending June 30, 1998................................ $50,000

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

Sec. 6.

(a) On July 1, 1997, the expenditure limitation established by section
102(b) of 1997 Senate Substitute for House Bill No. 2160 on the state
water plan fund is hereby increased from $2,449,212 to $2,499,212.

(b) In addition to the other purposes for which expenditures may be
made by the above agency from moneys appropriated from the state water
plan fund for the fiscal year ending June 30, 1998, as authorized by section
102(b) of 1997 Senate Substitute for House Bill No. 2160, or by this or
other appropriation act of the 1997 regular session of the legislature,
expenditures may be made by the above agency from the moneys appro-
priated from the state water plan fund for fiscal year 1998 for preparation
of a report on the results of the study by the Kansas water office con-
ducted in fiscal year 1998 of the overall direction of programs and activ-
ities funded from the state water plan fund: Provided, That expenditures
shall be made for the purpose of hiring a consultant to work with the
Kansas water office to conduct the study: Provided further, That such

1602             1997 Session Laws of Kansas             Ch. 192

report shall be submitted by the director of the Kansas water office on
or before January 23, 1998, to the chairperson of the house committee
on appropriations, the chairperson of the senate committee on ways and
means, the chairperson of the house committee on environment and the
chairperson of the senate committee on energy and natural resources.

Sec. 7.

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

  For the fiscal year ending June 30, 1998............................... $171,292

(b) On the effective date of this act, the expenditure limitation estab-
lished by section 23(b) of 1997 Senate Substitute for House Bill No. 2272
on the expenditures for the one stop career center system from the one
stop career center system fund is hereby increased from $70,000 to
$250,000: Provided, That the above agency shall collaborate with the state
library to develop a plan to place one stop career center systems in li-
braries throughout the state and that the department of human resources
and the state library shall jointly select libraries for placement of one stop
career center systems with priority given to those libraries which do not
offer computer internet access for patrons: Provided further, That the
plan shall be reviewed by the joint committee on computers and telecom-
munications.

(c) On the effective date of this act, the amount of $430,000 author-
ized by section 23(c) of 1997 Senate Substitute for House Bill No. 2272
to be transferred by the director of accounts and reports from the one
stop career center system fund of the department of human resources to
the Kansas economic development endowment account of the state ec-
onomic development initiatives fund is hereby decreased to $250,000.

(d) On July 15, 1997, or as soon thereafter as moneys are available,
the director of accounts and reports shall transfer $50,000 from the Kan-
sas economic development endowment account of the state economic
development initiatives fund of the department of commerce and housing
to the one stop career center system fund of the department of human
resources.

(e) On July 1, 1997, the expenditure limitation established by section
56(b) of 1997 Senate Substitute for House Bill No. 2160 on the one stop
career center system fund is hereby decreased from No limit to $50,000:
Provided, That the above agency shall collaborate with the state library
to develop a plan to place one stop career center systems in libraries
throughout the state: Provided further, That such plan shall be reviewed
by the joint committee on computers and telecommunications.

(f) In addition to the other purposes for which expenditures may be
made by the above agency from the special employment security fund
for fiscal year 1997, as authorized by section 89(b) of chapter 191 of the

Ch. 192             1997 Session Laws of Kansas             1603

1996 Session Laws of Kansas, expenditures may be made by the above
agency from the special employment security fund for fiscal year 1997
for mainframe computer merger-related costs: Provided, That expendi-
tures from the special employment security fund for fiscal year 1997 for
mainframe computer merger-related costs shall not exceed $140,000:
Provided further, That all expenditures from the special employment se-
curity fund for fiscal year 1997 for mainframe computer merger-related
costs shall be in addition to any expenditure limitation imposed on the
special employment security fund for fiscal year 1997.

(g) In addition to the other purposes for which expenditures may be
made by the above agency from the special employment security fund
for fiscal year 1998, as authorized by section 56(b) of 1997 Senate Sub-
stitute for House Bill No. 2160, expenditures may be made by the above
agency from the special employment security fund for fiscal year 1998
for mainframe computer merger-related costs: Provided, That expendi-
tures from the special employment security fund for fiscal year 1998 for
mainframe computer merger-related costs shall not exceed $260,000:
Provided further, That all expenditures from the special employment se-
curity fund for fiscal year 1998 for mainframe computer merger-related
costs shall be in addition to any expenditure limitation imposed on the
special employment security fund for fiscal year 1998: And provided fur-
ther, That the above agency shall report to the joint committee on com-
puters and telecommunications, on or before October 15, 1997, the status
of the mainframe computer merger with the division of information sys-
tems and telecommunications of the department of administration and
the results of an agency-wide strategic plan for information technology
for the department of human resources.

(h) On July 1, 1997, the position limitation established by section 60
of 1997 Senate Substitute for House Bill No. 2160 for the above agency
is hereby decreased from 1,017.5 to 1,015.5.

(i) On July 1, 1997, the expenditure limitation established by section
56(b) of 1997 Senate Substitute for House Bill No. 2160 on the work-
men's compensation fee fund is hereby increased from $7,430,014 to
$7,445,014.

(j) In addition to the other purposes for which expenditures may be
made by the above agency from the state workplace health and safety
fund for the fiscal year ending June 30, 1998, as authorized by section
56(b) of 1997 Senate Substitute for House Bill No. 2160, expenditures
may be made by the above agency from the state workplace health and
safety fund for fiscal year 1998 for a state workplace health and safety
program in accordance with the contract entered into by the secretary of
administration and the secretary of human resources for 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: Provided, That the state workplace health and

1604             1997 Session Laws of Kansas             Ch. 192

safety program implemented and administered by the secretary of human
resources in accordance with and pursuant to such contract with the sec-
retary of administration shall constitute and shall be deemed to be the
state workplace health and safety program for state employees imple-
mented and administered in accordance with K.S.A. 44-575 and amend-
ments thereto for all purposes under law.

Sec. 8.

(a) In addition to the other purposes for which expenditures may be
made by the above agency from the older Americans act--federal fund
for the fiscal year ending June 30, 1998, as authorized by section 59(b)
of 1997 Senate Substitute for House Bill No. 2160 or this or other ap-
propriation act of the 1997 regular session of the legislature, and not-
withstanding any provisions in K.S.A. 1996 Supp. 75-5917 and amend-
ments thereto and related statutes, expenditures may be made by the
above agency from the older Americans act--federal fund for fiscal year
1998 pursuant to or for the purposes of any agreement or contract, subject
to appropriations therefor, entered into by the secretary of aging with the
department of administration or a private not-for-profit organization to
administer the office of the state long-term care ombudsman and to carry
out the state long-term care ombudsman program: Provided, That no
such agreement or contract shall be entered into by the secretary of aging
with a private not-for-profit organization to administer the office of the
state long-term care ombudsman program and no expenditures shall be
made from the older Americans act--federal fund pursuant to such agree-
ment or contract except upon approval by the state finance council acting
on this matter which is hereby characterized as a matter of legislative
delegation and subject to the guidelines prescribed in subsection (c) of
K.S.A. 75-3711c and amendments thereto.

(b) On July 1, 1997, of the $115,409,383 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 59(a) of 1997
Senate Substitute for House Bill No. 2160 from the state general fund in
the long term care account, the sum of $2,569,623 is hereby lapsed.

(c) The secretary of aging and the secretary of social and rehabilita-
tion services are hereby directed to collaborate in the review and, if
deemed necessary, the promulgation of appropriate administrative rules
and regulations to facilitate the proper administration of home and com-
munity based medicaid service programs.

(d) In addition to the other purposes for which expenditures may be
made by the above agency from the conferences and workshops atten-
dance and publications fees fund for the fiscal year ending June 30, 1998,
as authorized by section 59(b) of 1997 Senate Substitute for House Bill
No. 2160, expenditures may be made by the above agency from the con-
ferences and workshops attendance and publications fees fund for fiscal

Ch. 192             1997 Session Laws of Kansas             1605

year 1998 for costs of creating, publishing, copying, packaging, mailing
and delivering publications.

Sec. 9.

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

  Operating expenditures
  For the fiscal year ending June 30, 1998............................... $182,592

(b) On July 1, 1997, the position limitation established by section 70
of 1997 Senate Substitute for House Bill No. 2160 for the above agency
is hereby increased from 26.0 to 27.0.

Sec. 10.

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

  Persian Gulf War veterans health initiative fund
  For the fiscal year ending June 30, 1998............................... $100,000

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

  Operating expenditures--veterans affairs
  For the fiscal year ending June 30, 1998................................ $25,850

  Operating expenditures--Winfield veterans' home
  For the fiscal year ending June 30, 1998................................ $55,000

(c) On July 1, 1997, the position limitation established by section 60
of 1997 Senate Substitute for House Bill No. 2160 for the above agency
is hereby increased from 188.8 to 190.8.

Sec. 11.

(a) Notwithstanding the provisions of any other statute, subsections
(a)(2)(C) and (a)(8) of K.A.R. 102-2-7 or any other rules and regulations
to the contrary, on and after the effective date of this act, no expenditures
shall be made from the behavioral sciences regulatory board fee fund for
the fiscal year ending June 30, 1997, for any operating expenditures or
other expenses for any disciplinary action or other disciplinary activity by
the behavioral sciences regulatory board or by any officer or employee of
the behavioral sciences regulatory board against any person, who is here-
inafter referred to in this subsection as a state supervisor, who is licensed
by the behavioral sciences regulatory board as a licensed social worker

1606             1997 Session Laws of Kansas             Ch. 192

and who is or was employed by the department of social and rehabilitation
services in a position with supervisory responsibility over another person
who is licensed by the behavioral sciences regulatory board as a licensed
social worker, for any failure by such state supervisor to make any report
to the behavioral sciences regulatory board regarding the impaired con-
dition of such licensed social worker, who is or was employed by the
department of social and rehabilitation services in a position requiring
the employee to be a licensed social worker and who was dismissed, de-
moted or suspended as a direct result of the impaired condition of such
licensed social worker in accordance with K.S.A. 75-2949 through 75-
2949f, and amendments thereto, under the Kansas civil service act while
under the supervisory responsibility of such state supervisor.

(b) Notwithstanding the provisions of any other statute, subsections
(a)(2)(C) and (a)(8) of K.A.R. 102-2-7 or any other rules and regulations
to the contrary, on and after July 1, 1997, no expenditures shall be made
from the behavioral sciences regulatory board fee fund for the fiscal year
ending June 30, 1998, for any operating expenditures or other expenses
for any disciplinary action or other disciplinary activity by the behavioral
sciences regulatory board or by any officer or employee of the behavioral
sciences regulatory board against any person, who is hereinafter referred
to in this subsection as a state supervisor, who is licensed by the behavioral
sciences regulatory board as a licensed social worker and who is or was
employed by the department of social and rehabilitation services in a
position with supervisory responsibility over another person who is li-
censed by the behavioral sciences regulatory board as a licensed social
worker, for any failure by such state supervisor to make any report to the
behavioral sciences regulatory board regarding the impaired condition of
such licensed social worker, who is or was employed by the department
of social and rehabilitation services in a position requiring the employee
to be a licensed social worker and who was dismissed, demoted or sus-
pended as a direct result of the impaired condition of such licensed social
worker in accordance with K.S.A. 75-2949 through 75-2949f, and amend-
ments thereto, under the Kansas civil service act while under the super-
visory responsibility of such state supervisor.

(c) Notwithstanding the provisions of any other statute, subsections
(a)(2)(C) and (a)(8) of K.A.R. 102-2-7 or any other rules and regulations
to the contrary, no expenditures shall be made from the behavioral sci-
ences regulatory board fee fund for the fiscal year ending June 30, 1999,
for any operating expenditures or other expenses for any disciplinary ac-
tion or other disciplinary activity by the behavioral sciences regulatory
board or by any officer or employee of the behavioral sciences regulatory
board against any person, who is hereinafter referred to in this subsection
as a state supervisor, who is licensed by the behavioral sciences regulatory
board as a licensed social worker and who is or was employed by the
department of social and rehabilitation services in a position with super-

Ch. 192             1997 Session Laws of Kansas             1607

visory responsibility over another person who is licensed by the behavioral
sciences regulatory board as a licensed social worker, for any failure by
such state supervisor to make any report to the behavioral sciences reg-
ulatory board regarding the impaired condition of such licensed social
worker, who is or was employed by the department of social and reha-
bilitation services in a position requiring the employee to be a licensed
social worker and who was dismissed, demoted or suspended as a direct
result of the impaired condition of such licensed social worker in accor-
dance with K.S.A. 75-2949 through 75-2949f, and amendments thereto,
under the Kansas civil service act while under the supervisory responsi-
bility of such state supervisor.

Sec. 12.

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

  Operating expenditures
  For the fiscal year ending June 30, 1998................................. $5,368

   Sec. 13.

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

  Operations (including official hospitality)
  For the fiscal year ending June 30, 1998................................ $35,541
  House chamber and ceiling mural restoration
  For the fiscal year ending June 30, 1998............................... $385,000

   Sec. 14.

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

Evaluation of closure of state hospitals
  For the fiscal year ending June 30, 1998................................ $49,481

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

   Sec. 15.  (a) On and after June 15, 1997, in addition to the other
purposes for which expenditures may be made by the governor's depart-
ment from the governor's department account of the state general fund
for the fiscal year ending June 30, 1998, expenditures shall be made by
the governor's department from the governor's department account of
the state general fund for fiscal year 1998 for an additional amount of
biweekly compensation for the governor equal to $156.42 per biweekly
pay period: Provided, That expenditures for such purpose shall be made
in the same manner and at the same times that biweekly compensation
is payable to the governor for the biweekly pay periods which commence
on or after June 15, 1997, and which are chargeable to fiscal year 1998.

   (b)  On and after June 15, 1997, in addition to the other purposes for



1608                  


1997 Session Laws of Kansas                  Ch. 192

which expenditures may be made by the lieutenant governor from the
operations account of the state general fund for the fiscal year ending
June 30, 1998, expenditures shall be made by the lieutenant governor
from the operations account of the state general fund for fiscal year 1998
for an additional amount of biweekly compensation for the lieutenant
governor equal to $44.25 per biweekly pay period: Provided, That ex-
penditures for such purpose shall be made in the same manner and at
the same times that biweekly compensation is payable to the lieutenant
governor for the biweekly pay periods which commence on or after June
15, 1997, and which are chargeable to fiscal year 1998.

   (c)  On and after June 15, 1997, in addition to the other purposes for
which expenditures may be made by the secretary of state from the op-
erating expenditures account of the state general fund for the fiscal year
ending June 30, 1998, expenditures shall be made by the secretary of
state from the operating expenditures account of the state general fund
for fiscal year 1998 for an additional amount of biweekly compensation
for the secretary of state equal to $121.51 per biweekly pay period: Pro-
vided, That expenditures for such purpose shall be made in the same
manner and at the same times that biweekly compensation is payable to
the secretary of state for the biweekly pay periods which commence on
or after June 15, 1997, and which are chargeable to fiscal year 1998.

   (d)  On and after June 15, 1997, in addition to the other purposes for
which expenditures may be made by the attorney general from the op-
erating expenditures account of the state general fund for the fiscal year
ending June 30, 1998, expenditures shall be made by the attorney general
from the operating expenditures account of the state general fund for
fiscal year 1998 for an additional amount of biweekly compensation for
the attorney general equal to $139.75 per biweekly pay period: Provided,
That expenditures for such purpose shall be made in the same manner
and at the same times that biweekly compensation is payable to the at-
torney general for the biweekly pay periods which commence on or after
June 15, 1997, and which are chargeable to fiscal year 1998.

   (e)  On and after June 15, 1997, in addition to the other purposes for
which expenditures may be made by the state treasurer from the oper-
ating expenditures account of the state general fund for the fiscal year
ending June 30, 1998, expenditures shall be made by the state treasurer
from the operating expenditures account of the state general fund for
fiscal year 1998 for an additional amount of biweekly compensation for
the state treasurer equal to $121.51 per biweekly pay period: Provided,
That expenditures for such purpose shall be made in the same manner
and at the same times that biweekly compensation is payable to the state
treasurer for the biweekly pay periods which commence on or after June
15, 1997, and which are chargeable to fiscal year 1998.

   (f)  On and after June 15, 1997, in addition to the other purposes for
which expenditures may be made by the insurance department from the



Ch. 192                  1997 Session Laws of Kansas
                  1609

insurance department service regulation fund for the fiscal year ending
June 30, 1998, expenditures shall be made by the insurance department
from the insurance department service regulation fund for fiscal year
1998 for an additional amount of biweekly compensation for the com-
missioner of insurance equal to $121.51 per biweekly pay period: Pro-
vided, That expenditures for such purpose shall be made in the same
manner and at the same times that biweekly compensation is payable to
the commissioner of insurance for the biweekly pay periods which com-
mence on or after June 15, 1997, and which are chargeable to fiscal year
1998.

   (g) (1)  In addition to the other purposes for which expenditures may
be made by each state agency from appropriations made for the fiscal
year ending June 30, 1998, expenditures shall be made by each state
agency from the appropriations made for fiscal year 1998 for an additional
amount of per diem compensation equal to $3.29 per calendar day for
each member of a board for any calendar day occurring on or after June
15, 1997, for which per diem compensation is payable to such member
of a board under K.S.A. 75-3212 or 75-3223 and amendments thereto at
the rate prescribed by subsection (a) of K.S.A. 46-137a and amendments
thereto: Provided, That expenditures for such purpose shall be made in
the same manner and at the same times that per diem compensation is
payable to such member of a board for the biweekly pay periods for which
such per diem compensation for calendar days occurring on or after June
15, 1997, is payable and which are chargeable to fiscal year 1998.

   (2)  As used in this subsection (g), (A) ``state agency'' means any
     state
agency of the executive branch of state government (i) which has appro-
priations made for the fiscal year ending June 30, 1998, by 1997 Senate
Substitute for House Bill No. 2160, this act or any other appropriation
act of the 1997 regular session of the legislature, and (ii) which is, or
which makes expenditures for, any board; and

   (B)  ``board'' means any board, commission, committee, task force,
panel or other body in the executive branch of state government, includ-
ing any advisory body, having one or more members who are entitled to
receive per diem compensation for attendance at meetings of such body,
or attendance at meetings authorized by such body of a subcommittee or
other subsidiary group of such body, as provided in K.S.A. 75-3212 or
75-3223 and amendments thereto at the rate prescribed by subsection (a)
of K.S.A. 46-137a and amendments thereto.

   (h)  In addition to the other purposes for which expenditures may be
made by the Kansas turnpike authority for the period commencing June
15, 1997, and ending June 30, 1998, expenditures shall be made by the
Kansas turnpike authority for such period for an additional amount of per
diem compensation equal to $3.29 per calendar day for each member of
Kansas turnpike authority for any calendar day occurring on or after June
15, 1997, for which per diem compensation is payable to such member



1610                  


1997 Session Laws of Kansas                  Ch. 192

under K.S.A. 68-2003 and amendments thereto who is entitled, in accor-
dance with K.S.A. 75-3223 and amendments thereto, to receive such per
diem compensation as provided in K.S.A. 75-3212 and amendments
thereto at the rate prescribed by subsection (a) of K.S.A. 46-137a and
amendments thereto: Provided, That expenditures for such purpose shall
be made in the same manner and at the same times that per diem com-
pensation is payable to such member of the Kansas turnpike authority for
the appropriate pay periods for which such per diem compensation for
calendar days occurring on or after June 15, 1997, and prior to July 1,
1998, is payable by the Kansas turnpike authority.

   (i)  In addition to the other purposes for which expenditures may be
made by the legislature from the operations (including official hospitality)
account of the state general fund for the fiscal year ending June 30, 1998,
expenditures shall be made by the legislature from the operations (in-
cluding official hospitality) account of the state general fund for fiscal
     year
1998 (1) for an additional amount of per diem compensation equal to
$3.29 per calendar day for service at the regular session or any special
session of the legislature occurring on or after June 15, 1997, for each
member of the legislature, and (2) for an additional amount of per diem
compensation equal to $3.29 per calendar day for each member of the
legislature and for any other public officer or person for any calendar day
occurring on or after June 15, 1997, for which per diem compensation is
payable from appropriations for the legislature to such member of the
legislature, public officer or person under K.S.A. 75-3212 or 75-3223 and
amendments thereto at the rate prescribed by subsection (a) of K.S.A.
46-137a and amendments thereto: Provided, That expenditures for such
purposes shall be made in the same manner and at the same times that
per diem compensation is payable to such members of the legislature,
public officials and persons for the biweekly pay periods for which such
per diem compensation for calendar days occurring on or after June 15,
1997, is payable and which are chargeable to fiscal year 1998.

   (j)  On and after June 15, 1997, in addition to the other purposes for
which expenditures may be made by the legislature from the operations
(including official hospitality) account of the state general fund for the
fiscal year ending June 30, 1998, expenditures shall be made by the leg-
islature from the operations (including official hospitality) account of the
state general fund for fiscal year 1998 for an additional amount of bi-
weekly compensation for the following legislative officers as follows:   (1)
For the president of the senate and the speaker of the house of repre-
sentatives equal to $20.13 per biweekly pay period for services performed
in connection with discharging the duties assigned to the respective po-
sitions, (2) for the speaker pro tem of the house of representatives, the
vice president of the senate, the assistant majority leaders of the senate
and house of representatives, and the assistant minority leaders of the
senate and house of representatives equal to $10.28 per biweekly pay



Ch. 192                  1997 Session Laws of Kansas
                  1611

period for services performed in connection with discharging the duties
assigned to the respective positions, (3) for the chairperson of the senate
committee on ways and means and the chairperson of the house of rep-
resentatives committee on appropriations equal to $16.19 per biweekly
pay period for services performed in connection with discharging the
duties assigned to the respective positions, (4) for the majority leaders of
the senate and house of representatives equal to $18.16 per biweekly pay
period for services performed in connection with discharging the duties
assigned to the respective positions, and (5) the minority leaders of the
senate and house of representatives equal to $18.16 per biweekly pay
period for services performed in connection with discharging the duties
assigned to the respective positions: Provided, That expenditures for such
purpose shall be made in the same manner and at the same times that
biweekly compensation is payable to such legislative officers under K.S.A.
46-137b and amendments thereto for the biweekly pay periods which
commence on or after June 15, 1997, and which are chargeable to fiscal
year 1998.

   (k)  In addition to the other purposes for which expenditures may be
made by the legislative coordinating council from the legislative coordi-
nating council-operations account of the state general fund for the fiscal
year ending June 30, 1998, expenditures shall be made by the legislative
coordinating council from the legislative coordinating council-operations
account of the state general fund for fiscal year 1998 for an additional
amount of per diem compensation equal to $3.29 per calendar day for
each member of the legislative coordinating council for any calendar day
occurring on or after June 15, 1997, for which per diem compensation is
payable from appropriations for the legislative coordinating council under
K.S.A. 46-1209 and amendments thereto to such member as provided in
K.S.A. 75-3212 and amendments thereto at the rate prescribed by sub-
section (a) of K.S.A. 46-137a and amendments thereto: Provided, That
expenditures for such purposes shall be made in the same manner and
at the same times that per diem compensation is payable to such members
of the legislative coordinating council for the biweekly pay periods for
which such per diem compensation is payable for calendar days occurring
on or after June 15, 1997, and which are chargeable to fiscal year 1998.

   (l)  In addition to the other purposes for which expenditures may be
made by the division of post audit from the operations (including legis-
lative post audit committee) account of the state general fund for the
fiscal year ending June 30, 1998, expenditures shall be made by the di-
vision of post audit from the operations (including legislative post audit
committee) account of the state general fund for fiscal year 1998 (1) for
an additional amount of per diem compensation equal to $3.29 per cal-
endar day for each member of the legislative post audit committee for
any calendar day occurring on or after June 15, 1997, for which per diem
compensation is payable from appropriations for the division of post audit



1612                  


1997 Session Laws of Kansas                  Ch. 192

under K.S.A. 46-1104 and amendments thereto to such member as pro-
vided in K.S.A. 75-3212 and amendments thereto at the rate prescribed
by subsection (a) of K.S.A. 46-137a and amendments thereto, and (2) for
an additional amount of per diem compensation equal to $3.29 per cal-
endar day for each member of the contract audit committee for any cal-
endar day occurring on or after June 15, 1997, for which per diem com-
pensation is payable from appropriations for the division of post audit
under K.S.A. 46-1120 and amendments thereto to such member as pro-
vided in K.S.A. 75-3223 and amendments thereto at the rate prescribed
by subsection (a) of K.S.A. 46-137a and amendments thereto: Provided,
That expenditures for such purposes shall be made in the same manner
and at the same times that per diem compensation is payable to such
members of the legislative post audit committee or contract audit com-
mittee for the biweekly pay periods for which such per diem compensa-
tion is payable for calendar days occurring on or after June 15, 1997, and
which are chargeable to fiscal year 1998.

   (m)  In addition to the other purposes for which expenditures may be
made by the judicial branch from the judiciary operations account of the
state general fund for the fiscal year ending June 30, 1998, expenditures
shall be made by the judicial branch from the judiciary operations account
of the state general fund for fiscal year 1998 (1) for an additional amount
of per diem compensation equal to $3.29 per calendar day for each mem-
ber of the advisory council on dispute resolution for any calendar day
occurring on or after June 15, 1997, for which per diem compensation is
payable to such member of the advisory council on dispute resolution
under K.S.A. 5-505 and amendments thereto who is entitled, in accor-
dance with subsection (e) of K.S.A. 75-3223 and amendments thereto, to
receive such per diem compensation as provided in K.S.A. 75-3212 and
amendments thereto at the rate prescribed by subsection (a) of K.S.A.
46-137a and amendments thereto; and (2) for an additional amount of
per diem compensation equal to $3.29 per calendar day for each retired
justice or judge who performs judicial service or duties under K.S.A.
20-2616 and amendments thereto for each calendar day occurring on or
after June 15, 1997, for which per diem compensation is payable to such
retired justice or judge under K.S.A. 20-2616 and amendments thereto:
Provided, That expenditures for such purposes shall be made in the same
manner and at the same times that per diem compensation is payable to
such members of the advisory council on dispute resolution or to such
retired justices or judges for the biweekly pay periods for which such per
diem compensation for calendar days occurring on or after June 15, 1997,
is payable and which are chargeable to fiscal year 1998.

   (n)  In addition to the other purposes for which expenditures may be
made by the judicial council from the operating expenditures account of
the state general fund for the fiscal year ending June 30, 1998, expendi-
tures shall be made by the judicial council from the operating expendi-



Ch. 192                  1997 Session Laws of Kansas
                  1613

tures account of the state general fund for fiscal year 1998 for an addi-
tional amount of per diem compensation equal to $3.29 per calendar day
for each member of the judicial council and for each regularly appointed
member of a special committee of the judicial council who is not a mem-
ber of the judicial council for any calendar day occurring on or after June
15, 1997, for which per diem compensation is payable to such member
of the judicial council or a special committee thereof under K.S.A. 20-
2206 and amendments thereto at the rate of compensation as provided
in K.S.A. 75-3212 and amendments thereto: Provided, That expenditures
for such purposes shall be made in the same manner and at the same
times that per diem compensation is payable to such members of the
judicial council or special committees thereof for the biweekly pay periods
for which such per diem compensation for calendar days occurring on or
after June 15, 1997, is payable and which are chargeable to fiscal year
1998.

   Sec. 16.

   (a)  In addition to the other purposes for which expenditures may be
made by the above agency from moneys appropriated from the wildlife
fee fund for the fiscal year ending June 30, 1998, as authorized by section
103(b) of 1997 Senate Substitute for House Bill No. 2160, section 24(h)
or section 24(i) of 1997 Senate Substitute for House Bill No. 2166, or by
this or other appropriation act of the 1997 regular session of the legisla-
ture, expenditures may be made by the above agency from the following
account or accounts of the wildlife fee fund for fiscal year 1998, subject
to the expenditure limitations prescribed therefor:

Implementation of 1997 House Bill No. 2361.............................. $25,000

Provided, That all expenditures from the implementation of 1997 House Bill No.
     2361
account shall be in addition to any expenditure limitation imposed on the
     wildlife fee fund
for fiscal year 1998: Provided further, That the secretary of wildlife and parks
     shall submit
a report to the 1998 legislature specifying the expenditures made from this
     account, or any
other moneys available therefor, to implement 1997 House Bill No. 2361 and
     specifying the
recovery plans for threatened and endangered species developed during fiscal
     year 1998.

   (b)  On July 1, 1997, of the $3,855,010 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 103(a) of 1997
Senate Substitute for House Bill No. 2160 from the state general fund in
the operating expenditures account, the sum of $3,461 is hereby lapsed.

   (c)  On July 1, 1997, the expenditure limitation established by
     section
103(b) of 1997 Senate Substitute for House Bill No. 2160 on the Prairie
spirit rails-to-trails fee fund is hereby increased from $2,000 to No limit.

   (d)  On the effective date of this act, of the amount of the unencum-
bered balance in the oper exp--land acquisition account of the water plan
special revenue fund appropriated for the department of wildlife and
parks for the fiscal year ending June 30, 1997, by section 144(j) of chapter
191 of the 1996 Session Laws of Kansas, the sum of $55,833 is hereby



1614                  


1997 Session Laws of Kansas                  Ch. 192

lapsed. On the effective date of this act, the director of accounts and
reports shall transfer $55,833 from the water plan special revenue fund
of the department of wildlife and parks to the state water plan fund of
the Kansas water office.

   (e)  In addition to the other purposes for which expenditures may be
made by the above agency from the moneys appropriated from the state
general fund or in one or more special revenue funds 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 by
the above agency from such appropriations for fiscal year 1998 for op-
erating expenditures for the issuance of licenses for controlled shooting
areas for up to 160 acres in Haskell county licensed as one or more con-
trolled shooting areas in addition to the acreage equal to 2% of the total
acreage of the county, which licenses for controlled shooting areas located
in Haskell county are hereby authorized notwithstanding the provisions
of K.S.A. 32-944 and 32-945 and amendments thereto.

   Sec. 17.

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

Operating expenditures
  For the fiscal year ending June 30, 1997................................ $32,101
  For the fiscal year ending June 30, 1998................................ $20,597

   (a)  In addition to the other purposes for which expenditures may be
made by the above agency from the motor carrier inspection fund for the
fiscal year ending June 30, 1997, moneys may be expended by the above
agency from the motor carrier inspection fund during fiscal year 1997 for
the following capital improvement project or projects, subject to the ex-
penditure limitations prescribed therefor:

Construct freight elevator at KHP training center...................... $145,000

Provided, That all expenditures from each such capital improvement account shall
     be in
addition to any expenditure limitation imposed on the motor carrier inspection
     fund for
fiscal year 1997.

   Sec. 19.

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

Operating expenditures
  For the fiscal year ending June 30, 1997................................ $45,770
  For the fiscal year ending June 30, 1998................................ $32,267

   (b)  On July 1, 1997, the position limitation established by section
     95
of 1997 Senate Substitute for House Bill No. 2160 for the above agency
is hereby increased from 6.0 to 7.0.



Ch. 192                  1997 Session Laws of Kansas
                  1615


   Sec. 20.

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

Operating expenditures (including official hospitality)
  For the fiscal year ending June 30, 1998................................. $3,240

   (b)  On the effective date of this act, of the $250,563 appropriated
     for
the above agency for the fiscal year ending June 30, 1997, by section 31(a)
of 1997 Senate Substitute for House Bill No. 2272 from the state general
fund in the operating expenditures (including official hospitality) account,
the sum of $19,419 is hereby lapsed.

   (c)  On the effective date of this act, the expenditure limitation
     estab-
lished by section 31(b) of 1997 Senate Substitute for House Bill No. 2272
on the general fees fund is hereby increased from $7,896,991 to
$7,916,410.

   Sec. 21.

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

Operating expenditures (including official hospitality)
  For the fiscal year ending June 30, 1997............................... $155,036
  For the fiscal year ending June 30, 1998............................... $135,568

   (b)  On the effective date of this act, the expenditure limitation
     estab-
lished by section 30(b) of 1997 Senate Substitute for House Bill No. 2272
on the general fees fund is hereby decreased from $7,957,638 to
$7,802,602.

   (c)  On July 1, 1997, the expenditure limitation established by
     section
71(b) of 1997 Senate Substitute for House Bill No. 2160 on the general
fees fund is hereby decreased from $7,813,299 to $7,677,731.

   (d)  On the effective date of this act, the $65,675 appropriated for
     the
above agency for the fiscal year ending June 30, 1997, by section 30(a) of
1997 Senate Substitute for House Bill No. 2272 from the state general
fund in the operating expenditures (including official hospitality) account,
is hereby lapsed.

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

Sternberg museum--EDIF fund
  For the fiscal year ending June 30, 1998............................... $250,000

Provided, That all expenditures from the Sternberg museum--EDIF fund shall be
     matched
on a $1 for $1 basis from private or other nonstate funding sources: Provided
     further, That,
for the purposes of funding the Sternberg museum under the servicing new
     buildings for-
mula, the university shall develop a report which makes a reasonable division
     between the
amount of gross square footage of the building devoted to academic learning and
     the amount



1616                  


1997 Session Laws of Kansas                  Ch. 192

devoted to tourism: And provided further, That only the gross square footage of
     the building
devoted to academic learning shall be used by the university in the budgeting
     calculation
for funding under the servicing new buildings formula: And provided further,
     That the
university shall make a presentation to the state finance council on the
     reasonable division
of gross square footage of the building: And provided further, That no
     expenditures shall
be made from this fund except upon approval by the state finance council acting
     on this
matter which is hereby characterized as a matter of legislative delegation and
     subject to the
guidelines prescribed in subsection (c) of K.S.A. 75-3711c and amendments
     thereto and
acting after receipt of such report.

   (f)  On July 15, 1997, or as soon thereafter as moneys are available,
the director of accounts and reports shall transfer $250,000 from the
Kansas economic development endowment account of the state economic
development initiatives fund of the department of commerce and housing
to the Sternberg museum--EDIF fund of Fort Hays state university.

   Sec. 22.

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

Operating expenditures (including official hospitality)
  For the fiscal year ending June 30, 1997................................ $58,675
  For the fiscal year ending June 30, 1998............................... $131,266

   (b)  On the effective date of this act, the expenditure limitation
     estab-
lished by section 32(c) of 1997 Senate Substitute for House Bill No. 2272
on the general fees fund is hereby decreased from $9,998,736 to
$9,940,061.

   (c)  On July 1, 1997, the expenditure limitation established by
     section
76(b) of 1997 Senate Substitute for House Bill No. 2160 on the general
fees fund is hereby decreased from $10,039,191 to $9,909,269.

   Sec. 23.

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

Operating expenditures (including official hospitality)
  For the fiscal year ending June 30, 1997................................ $24,736

   (b)  On the effective date of this act, the expenditure limitation
     estab-
lished by section 34(b) of 1997 Senate Substitute for House Bill No. 2272
on the general fees fund is hereby decreased from $908,568 to $883,832.

   Sec. 24.

   (a)  On July 1, 1997, of the $91,502,767 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 72(a) of 1997
Senate Substitute for House Bill No. 2160 from the state general fund in
the operating expenditures (including official hospitality) account, the
sum of $34,732 is hereby lapsed.

   (b)  On July 1, 1997, the expenditure limitation established by
     section



Ch. 192                  1997 Session Laws of Kansas
                  1617

72(b) of 1997 Senate Substitute for House Bill No. 2160 on the general
fees fund is hereby increased from $39,658,501 to $40,517,732.

   Sec. 25.

   (a)  On July 1, 1997, of the $110,872,707 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 77(a) of 1997
Senate Substitute for House Bill No. 2160 from the state general fund in
the operating expenditures (including official hospitality) account, the
sum of $21,380 is hereby lapsed.

   (b)  On July 1, 1997, of the $5,461,831 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 77(a) of 1997
Senate Substitute for House Bill No. 2160 from the state general fund in
the geological survey account, the sum of $32,645 is hereby lapsed.

   (c)  On July 1, 1997, the expenditure limitation established by
     section
77(b) of 1997 Senate Substitute for House Bill No. 2160 on the general
fees fund is hereby increased from $71,481,865 to $71,621,799.

   (d)  On the effective date of this act, the expenditure limitation
     estab-
lished by section 35(d) of 1997 Senate Substitute for House Bill No. 2272
on the general fees fund is hereby increased from $68,658,055 to
$68,764,613.

   Sec. 26.

   (a)  On the effective date of this act, of the $14,782,439
     appropriated
for the above agency for the fiscal year ending June 30, 1997, by section
97(a) of chapter 191 of the 1996 Session Laws of Kansas from the state
general fund in the cooperative extension service (including official hos-
pitality) account, the sum of $340,648 is hereby lapsed.

   (b)  On July 1, 1997, of the $15,871,312 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 73(a) of 1997
Senate Substitute for House Bill No. 2160 from the state general fund in
the cooperative extension service (including official hospitality) account,
the sum of $315,804 is hereby lapsed.

   (c)  On July 1, 1997, of the $25,518,587 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 73(a) of 1997
Senate Substitute for House Bill No. 2160 from the state general fund in
the agricultural experiment stations (including official hospitality) ac-
count, the sum of $57,583 is hereby lapsed.

   (d)  On the effective date of this act, the expenditure limitation
     estab-
lished by section 97(b) of chapter 191 of the 1996 Session Laws of Kansas
on the federal extension fund is hereby increased from $4,108,031 to
$4,448,679.

   (e)  On July 1, 1997, the expenditure limitation established by
     section
73(b) of 1997 Senate Substitute for House Bill No. 2160 on the federal
extension fund is hereby increased from $4,108,031 to $4,448,679.



1618                  


1997 Session Laws of Kansas                  Ch. 192


   (f)  On July 1, 1997, the expenditure limitation established by
     section
73(b) of 1997 Senate Substitute for House Bill No. 2160 on the federal
experimental station fund is hereby increased from $3,106,303 to
$3,203,820.

   (g)  On July 1, 1997, of the $714,139 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 73(a) of 1997
Senate Substitute for House Bill No. 2160 from the state general fund in
the operating expenditures (including official hospitality) account, the
sum of $21,514 is hereby lapsed.

   Sec. 27.

   (a)  On July 1, 1997, of the $56,049,853 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 79(a) of 1997
Senate Substitute for House Bill No. 2160 from the state general fund in
the operating expenditures (including official hospitality) account, the
sum of $19,110 is hereby lapsed.

   Sec. 28.

   (a)  On the effective date of this act, the position limitation
     established
by section 117 of chapter 191 of the 1996 Session Laws of Kansas for the
above agency is hereby increased from 4,680.7 to 4,694.7.

   (b)  On July 1, 1997, the position limitation established by section
63(a) of 1997 Senate Substitute for House Bill No. 2160 for the above
agency is hereby increased from 4,116.8 to 4,286.8.

   (c)  On July 1, 1997, the expenditure limitation established by
     section
61(b) of 1997 Senate Substitute for House Bill No. 2160 on the state
operations account of the social services clearing fund is hereby increased
from $232,772,014 to $237,262,031.

   (d)  On July 1, 1997, of the $41,313,123 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 61(a) of 1997
Senate Substitute for House Bill No. 2160 from the state general fund in
the cash assistance account, the sum of $720,000 is hereby lapsed.

   (e)  On July 1, 1997, of the $154,336,670 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 61(a) of 1997
Senate Substitute for House Bill No. 2160 from the state general fund in
the other medical assistance account, the sum of $7,638,869 is hereby
lapsed.

   (f)  On the effective date of this act, of the $90,601,822
     appropriated
for the above agency for the fiscal year ending June 30, 1997, by section
115(a) of chapter 191 of the 1996 Session Laws of Kansas from the state
general fund in the state operations account, the sum of $122,961 is
hereby lapsed.

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



Ch. 192                  1997 Session Laws of Kansas
                  1619

State operations
  For the fiscal year ending June 30, 1998............................... $122,961
State hospital closure
  For the fiscal year ending June 30, 1998............................... $279,650
Adult care homes
  For the fiscal year ending June 30, 1998............................... $359,497
SB 140 implementation
  For the fiscal year ending June 30, 1998............................. $3,819,106

Provided, That no expenditures shall be made from the SB 140 implementation
     account
unless 1997 House Substitute for Senate Bill No. 140 is enacted into law:
     Provided, however,
That the moneys in this account shall not be subject to transfers to any other
     state general
fund account as authorized in section 61(e) of 1997 Senate Substitute for House
     Bill No.
2160 or to pursuant to K.S.A. 75-3726a and amendments thereto: Provided further,
     That,
if 1997 House Substitute for Senate Bill No. 140 is enacted into law, then the
     above agency
may make expenditures from this account for the purposes of implementing the
     provisions
of 1997 House Substitute for Senate Bill No. 140 and financing the operations
     and programs
of the above agency for or related to implementing the provisions of such
     enactment.

Mental health and retardation services aid and assistance and state insti-
  tutions operations
  For the fiscal year ending June 30, 1998............................. $45,961

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:  Community based
     services.

   (h)  On July 1, 1997, of the $10,089,104 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 61(a) of 1997
Senate Substitute for House Bill No. 2160 from the state general fund in
the community based services account, the sum of $2,455,503 is hereby
lapsed.

   (i)  On the effective date of this act, the expenditure limitation
     estab-
lished by section 22(h) of 1997 Senate Substitute for House Bill No. 2272
on the juvenile detention facilities fund is hereby increased from
$2,727,830 to $3,127,673.

   (j)  On July 1, 1997, the expenditure limitation established by
     section
61(b) of 1997 Senate Substitute for House Bill No. 2160 on the alcohol
and drug abuse block grant federal fund is hereby increased from
$9,441,373 to $10,984,972.

   (k)  On the effective date of this act, the expenditure limitation
     estab-
lished by section 22(g) of 1997 Senate Substitute for House Bill No. 2272
on the social welfare fund is hereby increased from $45,700,370 to
$47,499,992.

   (l)  On the effective date of this act, of the $41,726,664
     appropriated
for the above agency for the fiscal year ending June 30, 1997, by section
22(a) of 1997 Senate Substitute for House Bill No. 2272 from the state
general fund in the mental health and retardation services aid and assis-
tance and state institutions operations account, the sum of $2,678,821 is
hereby lapsed.

   (m)  In addition to the other purposes for which expenditures may be
made by the above agency from the mental health and retardation services
aid and assistance and state institutions operations account of the state



1620                  


1997 Session Laws of Kansas                  Ch. 192

general fund for the fiscal year ending June 30, 1998, as authorized by
section 61(a) of 1997 Senate Substitute for House Bill No. 2160, expend-
itures may be made by the above agency from the mental health and
retardation services aid and assistance and state institutions operations
account of the state general fund for fiscal year 1998 for school district
equipment of up to $5,000 per developmentally disabled child leaving
Kansas neurological institute or Parsons state hospital and training center,
in addition to those leaving Winfield state hospital and training center:
Provided, That expenditures from the mental health and retardation serv-
ices aid and assistance and state institutions operations account of the
state general fund for fiscal year 1998 for school district equipment for
developmentally disabled children leaving state institutions for the men-
tally retarded shall not exceed $150,000.

   (n)  In addition to the other purposes for which expenditures may be
made by the above agency from the mental health and retardation services
aid and assistance and state institutions operations account of the state
general fund for the fiscal year ending June 30, 1998, as authorized by
section 61(a) of 1997 Senate Substitute for House Bill No. 2160, expend-
itures shall be made by the above agency from the mental health and
retardation services aid and assistance and state institutions operations
account of the state general fund for fiscal year 1998 in accordance with
an allocation adopted for expenditures during the fiscal year ending June
30, 1998, which allocation is hereby authorized and directed to be made
by the above agency for fiscal year 1998, which allocation shall be of an
amount of not less than $1,500,000 of the moneys appropriated in such
account, and which allocation shall be an allocation among community
developmental disability organizations and proportionately based in ac-
cordance with the following:  The funding shall be distributed among
community developmental disability organizations proportionately by
multiplying the amount to be allocated by the result obtained by dividing
  (1) the aggregate of the number of clients served by the community de-
velopmental disability organization, as identified in the consolidated grant
agreement between the community developmental disability organization
and the department of social and rehabilitation services, and the number
of clients served by the community developmental disability organization
with funding through the home and community services waiver program
for the developmentally disabled, by (2) the aggregate of the number of
clients served by all community developmental disability organizations, as
identified in the consolidated grant agreement between the community
developmental disability organizations and the department of social and
rehabilitation services, and the number of clients served by all community
developmental disability organizations with funding through the home
and community services for the mentally retarded (HCBS/MR) medicaid
waiver program: Provided, That in addition to other purposes for which
such funding may be expended by the community developmental disa-



Ch. 192                  1997 Session Laws of Kansas
                  1621

bility organizations, such funding may be expended by the community
developmental disability organizations for costs incurred by such organ-
izations as a result of the implementation of the provisions of the devel-
opmental disabilities reform act: Provided further, That a contingency
reserve shall be established by the secretary of social and rehabilitation
services of not more than $600,000 from all funds for fiscal year 1998,
including not more than $250,000 in the mental health and retardation
services aid and assistance and state institutions operations account of the
state general fund, and shall be used at the discretion of the secretary of
social and rehabilitation services, in consultation with the community de-
velopmental disability organizations, on an as-needed basis to assist in the
financing of the HCBS/MR medicaid waiver program (1) when caseloads
exceed consensus estimates, or (2) when individuals require services in
excess of that level of services which can be reasonably financed within
the existing HCBS/MR medicaid waiver program tier-based rates and
individualized special care rates are required: Provided further, That the
department of social and rehabilitation services shall not require that
community developmental disability organizations providing services un-
der the HCBS/MR medicaid waiver program make expenditures of mon-
eys of the community developmental disability organizations derived from
other than federal or state sources for support of the HCBS/MR medicaid
waiver program: And provided further, That all expenditures by the de-
partment of social and rehabilitation services from the mental health and
retardation services aid and assistance and state institutions operations
account of the state general fund for fiscal year 1998 for the provision of
services for developmentally disabled persons by community develop-
mental disability organizations under the HCBS/MR medicaid waiver
program shall be in accordance with the current caseload consensus es-
timates adopted by the caseload estimating group, which shall include
staff members of the division of the budget of the department of admin-
istration, staff members of the department of social and rehabilitation
services and staff members of the legislative research department: And
provided further, That the secretary of social and rehabilitation services,
in consultation with the community developmental disability organiza-
tions, shall develop amendments to the existing HCBS/MR medicaid
waiver program and apply for additional federal medicaid waivers to max-
imize federal participation in the HCBS/MR medicaid waiver program.

   (o)  On July 1, 1997, the expenditure limitation established by
     section
61(b) of 1997 Senate Substitute for House Bill No. 2160 on the title XIX
fund is hereby increased from $53,974,305 to $54,107,873.

   (p)  On July 1, 1997, the amounts specified in section 61(c) of 1997
Senate Substitute for House Bill No. 2160 as being included in the mental
health and retardation services aid and assistance and state institutions
operations account of the state general fund for the following institutions
are hereby changed to the amounts specified therefor, but expenditures



1622                  


1997 Session Laws of Kansas                  Ch. 192

from the mental health and retardation services aid and assistance and
state institutions operations account of the state general fund for any such
institution shall not be limited to or be required to be made in the amount
listed for the institution, as follows:  (1) The amount for Kansas neurolog-
ical institute is hereby decreased from $12,278,329 to $12,274,002; (2)
the amount for Parsons state hospital and training center is hereby de-
creased from $10,057,936 to $10,055,241; (3) the amount for Winfield
state hospital and training center is hereby decreased from $1,422,423 to
$1,420,686; (4) the amount for Larned state hospital is hereby decreased
from $12,093,190 to $12,089,876; (5) the amount for Osawatomie state
hospital is hereby decreased from $8,226,860 to $8,223,980; (6) the
amount for Rainbow mental health facility is hereby decreased from
$2,916,018 to $2,911,722; and (7) the amount for community services aid
and assistance is hereby decreased from $118,563,358 to $117,628,568.

   (q)  On the effective date of this act, the amounts specified in
     section
25(p) of chapter 272 of the 1996 Session Laws of Kansas as being included
in the mental health and retardation services aid and assistance and state
institutions operations account of the state general fund for the following
institutions are hereby changed to the amounts specified therefor, but
expenditures from the mental health and retardation services aid and
assistance and state institutions operations account of the state general
fund for any such institution shall not be limited to or be required to be
made in the amount listed for the institution, as follows:  (1) The amount
for Kansas neurological institute is hereby decreased from $13,489,102
to $12,325,545; (2) the amount for Parsons state hospital and training
center is hereby increased from $7,890,228 to $8,619,081; (3) the amount
for Winfield state hospital and training center is hereby decreased from
$12,593,665 to $8,077,654; (4) the amount for Larned state hospital is
hereby increased from $14,901,674 to $15,509,017; (5) the amount for
Osawatomie state hospital is hereby increased from $6,265,042 to
$7,072,226; and (6) the amount for Rainbow mental health facility is
hereby increased from $2,919,070 to $2,995,306.

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

Larned state hospital--motor pool revolving fund
  For the fiscal year ending June 30, 1998............................... No limit
Juvenile justice transition fund
  For the fiscal year ending June 30, 1998............................... No limit

Provided, That expenditures from this fund shall be in addition to the
     expenditure limitation
on the state operations account of the social services clearing fund.

Family and children trust account--family and children investment fund
  For the fiscal year ending June 30, 1998............................... No limit

Ch. 192                  1997 Session Laws of Kansas
                  1623

Provided, That portion of all moneys transferred from the state general fund to
     the family
and children investment fund pursuant to subsection (e) of K.S.A. 38-1808 and
     amendments
thereto that are attributable to moneys credited to the family and children
     trust account of
the family and children investment fund shall be credited to the family and
     children trust
account--family and children investment fund.

   (s)  On July 1, 1997, the expenditure limitation established by
     section
61(b) of 1997 Senate Substitute for House Bill No. 2160 on the Winfield
state hospital and training center fee fund is hereby decreased from
$558,627 to $448,627.

   (t)  On July 1, 1997, the position limitation established by section
     63
of 1997 Senate Substitute for House Bill No. 2160 for the above agency
is hereby decreased from 521.5 to 400.0.

   (u)  In addition to the other purposes for which expenditures may be
made by the above agency from moneys appropriated from the state gen-
eral fund or from special revenue funds for the fiscal year ending June
30, 1998, as authorized by section 61 of 1997 Senate Substitute for House
Bill No. 2160 or this or other appropriation act of the 1997 regular session
of the legislature, expenditures may be made by the above agency from
moneys appropriated from the state general fund or from special revenue
funds for fiscal year 1998 to develop and implement a plan to expand
health care coverage for children: Provided, That such plan may include
provision for financial participation on a sliding fee basis in the health
care coverage plan by plan participants: Provided further, That the above
agency shall not implement a plan to expand health care coverage for
children until such plan has been reviewed with the SRS transition over-
sight committee.

   Sec. 29.

   (a)  On the effective date of this act, the expenditure limitation
     estab-
lished for the fiscal year ending June 30, 1997, by section 5(a) of chapter
224 of the 1995 Session Laws of Kansas on the barber examiner fee fund
is hereby increased from $95,688 to $100,305.

   Sec. 30.

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

State operations
  For the fiscal year ending June 30, 1998................................ $62,869

   (b)  On July 1, 1997, the expenditure limitation established by
     section
51(c) of 1997 Senate Substitute for House Bill No. 2160 on the Kansas
economic development endowment account of the state economic de-
velopment initiatives fund is hereby increased from $13,995,475 to
$14,440,475.

   (c)  On July 1, 1997, the expenditure limitation established by
     section
51(d) of 1997 Senate Substitute for House Bill No. 2160 on the state



1624                  


1997 Session Laws of Kansas                  Ch. 192

operations (including official hospitality) subaccount of the Kansas eco-
nomic development endowment account of the state economic develop-
ment initiatives fund is hereby increased from $8,170,875 to $8,195,875.

   (d)  On July 1, 1997, the amount to be transferred on August 15, 1997,
and December 15, 1997, established by section 51(h) of 1997 Senate
Substitute for House Bill No. 2160 on transfers from the Kansas economic
development endowment account of the state economic development
initiatives fund to the Kansas existing industry expansion program is
hereby increased from $350,000 to $400,000.

   (e)  In addition to the purposes for which expenditures may be made
by the above agency from the Kansas economic development endowment
account of the state economic development initiatives fund for the fiscal
year ending June 30, 1998, expenditures may be made by the above
agency from the Kansas economic development endowment account of
the state economic development initiatives fund during fiscal year 1998
for the following, subject to the expenditure limitation prescribed there-
for:

Railroad mitigation grants............................................. $200,000
Motion picture and television production sales tax reimbursements...... $220,000

Provided, That all expenditures from the motion picture and television
     production sales tax
reimbursements account shall be made to reimburse sales and use taxes paid on
     sales of
tangible personal property purchases by or on behalf of a motion picture or
     television pro-
duction company to be used or consumed in association with an eligible
     production in
accordance with administrative policies and procedures adopted by the secretary
     of com-
merce and housing, including any necessary forms: Provided, however, That all
     reimburse-
ments from this account shall be based on valid receipts for taxes paid for
     taxable transactions
occurring on or after July 1, 1997: Provided further, That, as used in this
     proviso, eligible
production includes feature-length motion pictures intended for theatrical
     release or for
exhibition on national television by a network or through national syndication,
     television
projects for broadcast on a network or through national syndication, direct
     video and com-
pact disc projects and television commercials.

   Sec. 31.

   (a)  On July 1, 1997, the amount of $160,376 authorized by section
52(c) of 1997 Senate Substitute for House Bill No. 2160 to be transferred
by the director of accounts and reports from the Kansas economic de-
velopment endowment account of the state economic development ini-
tiatives fund of the department of commerce and housing to the EDIF
fund of Kansas, Inc., is hereby increased to $224,376.

   (b)  In addition to the other purposes for which expenditures may be
made by the above agency from the EDIF fund for the fiscal year ending
June 30, 1998, as authorized by section 52(b) of 1997 Senate Substitute
for House Bill No. 2160 or by this or other appropriation act of the 1997
regular session of the legislature, expenditures may be made by the above
agency for fiscal year 1998 from the EDIF fund for the school/perform-
ance study: Provided, That expenditures from the EDIF fund for fiscal
year 1998 for the school/performance study shall not exceed $64,620.



Ch. 192                  1997 Session Laws of Kansas
                  1625


   (c)  During the fiscal year ending June 30, 1998, no expenditures
     shall
be made by the above agency from the Kansas, Inc. account of the state
general fund for the school/performance study.

   Sec. 32.

   (a)  On July 1, 1997, the expenditure limitation established for the
fiscal year ending June 30, 1998, by section 19(a) of 1997 Senate Substi-
tute for House Bill No. 2160 on the securities act fee fund is hereby
increased from $1,683,059 to $1,742,378.

   (b)  In addition to the other purposes for which expenditures may be
made by the above agency from the securities act fee fund for the fiscal
year ending June 30, 1998, as authorized by section 19(a) of 1997 Senate
Substitute for House Bill No. 2160, expenditures may be made by the
above agency from the securities act fee fund for fiscal year 1998 for
official hospitality: Provided, That expenditures from the securities act
fee fund for fiscal year 1998 for official hospitality shall not exceed
     $600:
Provided further, That expenditures from the securities act fee fund for
fiscal year 1998 for official hospitality are subject to the limitation on
     total
expenditures from the securities act fee fund for fiscal year 1998.

   (c)  In addition to the other purposes for which expenditures may be
made by the office of the securities commissioner of Kansas from moneys
appropriated from the state general fund or from any special revenue
fund for the fiscal year ending June 30, 1998, and from which expendi-
tures may be made for salaries and wages, as authorized by section 19 of
1997 Senate Substitute for House Bill No. 2160 or by this or other ap-
propriation act of the 1997 regular session of the legislature, expenditures
may be made by the office of the securities commissioner of Kansas from
such moneys appropriated from the state general fund or from any special
revenue fund for fiscal year 1998 for director positions in the unclassified
service under the Kansas civil service act as necessary to effectively carry
out the mission of the office of securities commissioner: Provided, That
all such additional full-time equivalent positions in the unclassified
     service
under the Kansas civil service act shall be in addition to other positions
within the office of the securities commissioner of Kansas in the unclas-
sified service as prescribed by law: Provided further, That such director
positions shall not be subject to the position limitation established for
     the
office of the securities commissioner of Kansas on the number of full-
time and regular part-time positions equated to full-time, excluding sea-
sonal and temporary positions, paid from appropriations for fiscal year
1998: And provided further, That such directors shall serve at the pleasure
of the securities commissioner and shall receive such compensation as
may be fixed by the securities commissioner and approved by the gov-
ernor: Provided, however, That the authority to establish such additional
positions in the unclassified service shall not affect the classified
     service
status of any person who is an employee of the office of the securities



1626                  


1997 Session Laws of Kansas                  Ch. 192

commissioner of Kansas in the classified service under the Kansas civil
service act on the day immediately preceding the effective date of this
act.

   (d)  On July 1, 1997, the expenditure limitation established for the
fiscal year ending June 30, 1999, by section 19(a) of 1997 Senate Substi-
tute for House Bill No. 2160 on the securities act fee fund is hereby
increased from $1,703,069 to $1,745,254.

   (e)  On July 1, 1997, the position limitation established for the
     fiscal
year ending June 30, 1998, by section 22 of 1997 Senate Substitute for
House Bill No. 2160 for the above agency is hereby increased from 26.0
to 27.0.

   (f)  On July 1, 1997, the position limitation established for the
     fiscal
year ending June 30, 1999, by section 22 of 1997 Senate Substitute for
House Bill No. 2160 for the above agency is hereby increased from 26.0
to 27.0.

   Sec. 33.

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

Operating expenditures relating to interstate water rights regarding the
   Republican river and its tributaries
  For the fiscal year ending June 30, 1998............................. $200,000

   Sec. 34.

   (a)  On the effective date of this act, the expenditure limitation
     estab-
lished for the fiscal year ending June 30, 1997, by section 11(a) of 1997
Senate Substitute for House Bill No. 2272 on the technical professions
fee fund is hereby increased from $370,977 to $385,977.

   (b)  On July 1, 1997, the expenditure limitation established for the
fiscal year ending June 30, 1998, by section 20(a) of 1997 Senate Substi-
tute for House Bill No. 2160 on the technical professions fee fund is
hereby increased from $402,145 to $460,145.

   (c)  On July 1, 1998, the expenditure limitation established for the
fiscal year ending June 30, 1999, by section 20(a) of 1997 Senate Substi-
tute for House Bill No. 2160 on the technical professions fee fund is
hereby increased from $412,803 to $464,303.

   (d)  On July 1, 1997, the position limitation established for the
     fiscal
year ending June 30, 1998, by section 22 of 1997 Senate Substitute for
House Bill No. 2160 for the above agency is hereby increased from 5.0
to 6.0.

   (e)  On July 1, 1998, the position limitation established for the
     fiscal
year ending June 30, 1999, by section 22 of 1997 Senate Substitute for
House Bill No. 2160 for the above agency is hereby increased from 5.0
to 6.0.

   Sec. 35.



Ch. 192                  1997 Session Laws of Kansas
                  1627

   (a)  On July 1, 1997, of the $8,346,654 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 64(a) of 1997
Senate Substitute for House Bill No. 2160 from the state general fund in
the operating expenditures (including official hospitality) account, the
sum of $57,729 is hereby lapsed.

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

General state aid
  For the fiscal year ending June 30, 1998............................. $2,844,000
Supplemental general state aid
  For the fiscal year ending June 30, 1998............................. $6,628,000

   (c)  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:  KPERS--employer contributions: Provided, That expenditures
from such reappropriated balance in the KPERS--employer contribu-
tions account shall not exceed $296,508 except upon approval of the state
finance council.

   (d)  On the effective date of this act, of the $69,723,333
     appropriated
for the above agency for the fiscal year ending June 30, 1997, by section
119 of chapter 191 of the 1996 Session Laws of Kansas from the state
general fund in the KPERS--employer contributions account, the sum
of $120,860 is hereby lapsed.

   (e)  Notwithstanding the provisions of the second proviso to the spe-
cial education services aid account in section 64(a) of 1997 Senate Sub-
stitute for House Bill No. 2160, the department of education shall make
no deductions from any school district's special education entitlement as
the result of that district's balance in the district's special education
     fund
from the prior fiscal year being in excess of 20% of the district's special
education entitlement for the year in which the appropriation is being
made.

   Sec. 36.

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

Special food treatment products
  For the fiscal year ending June 30, 1998................................ $50,000
Adult care homes criminal record checks operating expenditures
  For the fiscal year ending June 30, 1998............................... $200,000

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

Voluntary cleanup fund
  For the fiscal year ending June 30, 1998............................... $105,118

1628                  


1997 Session Laws of Kansas                  Ch. 192

EPA voluntary cleanup federal fund
  For the fiscal year ending June 30, 1998............................... $150,000

Provided, That all expenditures from the EPA voluntary cleanup federal fund
     during fiscal
year 1998 shall be supplemental to fees collected for direct or indirect costs
     of administering
the voluntary cleanup and property redevelopment act established by 1997 Senate
     Bill No.
276: Provided, however, That such expenditures shall be in accordance with the
     federal
agreement entered into by the secretary of the department of health and
     environment for
the grant moneys.

Laboratory medicaid cost recovery fund
  For the fiscal year ending June 30, 1997............................... $158,000
  For the fiscal year ending June 30, 1998............................... $158,000

   (c)  On July 1, 1997, of the $4,289,347 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 58(a) of 1997
Senate Substitute for House Bill No. 2160 from the state general fund in
the other operating expenditures (including official hospitality) account,
the sum of $153,500 is hereby lapsed.

   (d)  On the effective date of this act, the director of accounts and
reports shall transfer $70,000 from the other operating expenditures (in-
cluding official hospitality) account of the state general fund of the above
agency to the salaries and wages account of the state general fund of the
above agency.

   (e)  On the effective date of this act, the expenditure limitation
     estab-
lished by section 24(s) of 1997 Senate Substitute for House Bill No. 2272
on the gifts, grants and donations fund is hereby increased from
$1,141,715 to $1,284,715.

   (f)  On July 1, 1997, the expenditure limitation established by
     section
58(b) of 1997 Senate Substitute for House Bill No. 2160 on the gifts,
grants and donations fund is hereby increased from $1,512,739 to
$1,552,739.

   (g)  On the effective date of this act, the expenditure limitation
     estab-
lished by section 24(e) of 1997 Senate Substitute for House Bill No. 2272
on the title XIX fund is hereby decreased from $3,893,498 to $3,593,498.

   (h)  On the effective date of this act, the expenditure limitation
     estab-
lished by section 57(m) of chapter 272 of the 1996 Session Laws of Kansas
on the medicare fund--federal is hereby increased from $1,726,390 to
$2,008,454.

   (i)  On the effective date of this act, the expenditure limitation
     estab-
lished by section 91(b) of chapter 191 of the 1996 Session Laws of Kansas
on the federal migrant health program fund is hereby increased from
$325,773 to $335,773.

   (j)  On July 1, 1997, the expenditure limitation established by
     section
58(b) of 1997 Senate Substitute for House Bill No. 2160 on the office of
rural health--federal fund is hereby increased from $0 to $60,000.

   (k)  On July 1, 1997, the expenditure limitation established by
     section
58(b) of 1997 Senate Substitute for House Bill No. 2160 on the AIDS



Ch. 192                  1997 Session Laws of Kansas
                  1629

project--education and risk reduction--federal fund is hereby increased
from $1,711,651 to $1,841,786.

   (l)  On July 1, 1997, the expenditure limitation established by
     section
58(b) of 1997 Senate Substitute for House Bill No. 2160 on the state
operations account of the AIDS project--education and risk reduc-
tion--federal fund is hereby increased from $603,461 to $733,596.

   (m)  On July 1, 1997, the expenditure limitation established by
     section
58(b) of 1997 Senate Substitute for House Bill No. 2160 on the state
operations account of the venereal disease control project fund--federal
is hereby increased from $389,818 to $480,818.

   (n)  On July 1, 1997, the expenditure limitation established by
     section
58(b) of 1997 Senate Substitute for House Bill No. 2160 on the maternal
and child health services block grant fund is hereby increased from
$5,077,876 to $5,147,876.

   (o)  On July 1, 1997, the expenditure limitation established by
     section
58(b) of 1997 Senate Substitute for House Bill No. 2160 on the state
operations account of the maternal and child health services block grant
fund is hereby increased from $2,854,734 to $2,924,734.

   (p)  On July 1, 1997, the appropriation made by section 58(c) of 1997
Senate Substitute for House Bill No. 2160 from the water plan special
revenue fund in the saline study--Ogallala aquifer account of the water
plan special revenue fund is hereby lapsed. On July 1, 1997, the expend-
iture limitation established by section 58(b) of 1997 Senate Substitute for
House Bill No. 2160 on the water plan special revenue fund is hereby
decreased from $4,053,398 to $4,003,398. On July 1, 1997, the amount
of $3,708,562 authorized by section 58(d) of 1997 Senate Substitute for
House Bill No. 2160 to be transferred by the director of accounts and
reports from the state water plan fund of the Kansas water office to the
water plan special revenue fund of the department of health and envi-
ronment is hereby decreased to $3,658,562.

   (q)  In addition to the other purposes for which expenditures may be
made by the department of health and environment from moneys appro-
priated from the state general fund or from any special revenue fund for
the fiscal year ending June 30, 1998, and from which expenditures may
be made for salaries and wages, as authorized by section 58 of 1997 Senate
Substitute for House Bill No. 2160 or by this or other appropriation act
of the 1997 regular session of the legislature, expenditures may be made
by the department of health and environment from such moneys appro-
priated from the state general fund or from any special revenue fund for
fiscal year 1998 for up to four full-time equivalent positions in the un-
classified service under the Kansas civil service act: Provided, That all
such additional full-time equivalent positions in the unclassified service
under the Kansas civil service act shall be in addition to other positions
within the department of health and environment in the unclassified serv-
ice as prescribed by law and shall be established by the secretary of health



1630                  


1997 Session Laws of Kansas                  Ch. 192

and environment within the position limitation established for the de-
partment of health and environment on the number of full-time and reg-
ular part-time positions equated to full-time, excluding seasonal and tem-
porary positions, paid from appropriations for fiscal year 1998 made by
section 58 of 1997 Senate Substitute for House Bill No. 2160 or by this
or other appropriation act of the 1997 regular session of the legislature
or any appropriation act of the 1998 regular session of the legislature:
Provided, however, That the authority to establish such additional posi-
tions in the unclassified service shall not affect the classified service
     status
of any person who is an employee of the department of health and en-
vironment in the classified service under the Kansas civil service act on
the day immediately preceding the effective date of this act.

   Sec. 37.

   (a)  On July 1, 1997, the expenditure limitation established by
     section
43(b) of 1997 Senate Substitute for House Bill No. 2160 on the aggregate
expenditures from the public service regulation fund, the motor carrier
license fees fund and the conservation fee fund is hereby increased from
$11,984,475 to $11,997,605.

   Sec. 38.

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

Operating expenditures
  For the fiscal year ending June 30, 1998................................ $38,500

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

EDIF first territorial capitol renovation project fund
  For the fiscal year ending June 30, 1998................................ $71,000

Provided, That no expenditures shall be made from the EDIF first territorial
     capitol reno-
vation project fund except upon approval of the state finance council acting on
     this matter
which is hereby characterized as a matter of legislative delegation and subject
     to the guide-
lines prescribed by subsection (c) of K.S.A. 75-3711c and amendments thereto:
     Provided,
however, That, if the secretary of the state historical society has entered into
     a signed
agreement with a responsible party that would transfer from the state the future
     daily op-
eration and maintenance of the first territorial capitol historical site, then
     the state finance
council shall approve expenditures from this fund for the first territorial
     capitol renovation
project.

   (c)  On July 15, 1997, or as soon thereafter as moneys are available,
the director of accounts and reports shall transfer $71,000 from the Kan-
sas economic development endowment account of the state economic
development initiatives fund of the department of commerce and housing



Ch. 192                  1997 Session Laws of Kansas
                  1631

to the EDIF first territorial capitol renovation project fund of the state
historical society.

   Sec. 39.

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

Operating expenditures
  For the fiscal year ending June 30, 1998............................ $19,575,290
Management information systems
  For the fiscal year ending June 30, 1998............................... $125,000

Provided, That no expenditures shall be made from the management information
     systems
account, other than for information systems planning, 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 and acting after receiving a recommendation from the
     joint com-
mittee on computers and telecommunications: Provided further, That the
     commissioner
shall present a management information system plan to the joint committee on
     computers
and telecommunications and the joint committee shall make a recommendation to
     the state
finance council thereon: And provided further, That the commissioner shall
     report to the
joint committee on computers and telecommunications quarterly during the fiscal
     year on
the status of expenditures and development of a strategic plan for information
     technology.

Community initiatives
  For the fiscal year ending June 30, 1998............................. $2,500,000

Provided, That expenditures shall be made from the community initiatives account
     for com-
munity-based initiatives designed to relieve the demands upon juvenile
     correctional facilities
and to provide a community-centered, prevention-focused juvenile justice system
     which
includes diversion, a continuum of community sanctions and post-release,
     aftercare services:
Provided further, That all expenditures made from this account shall be based
     upon the
proportionate needs of the 31 judicial districts in juvenile justice matters:
     And provided
further, That no expenditures shall be made from this account except upon
     approval of the
state finance council acting on this matter which is hereby characterized as a
     matter of
legislative delegation and subject to the guidelines prescribed by subsection
     (c) of K.S.A.
75-3711c and amendments thereto and acting after the commissioner of juvenile
     justice has
submitted a plan for the expenditure of the moneys appropriated in this account
     to the joint
committee on corrections and juvenile justice oversight which describes how such
     expend-
itures will satisfy the above-stated objectives: And provided further, That the
     commissioner
of juvenile justice shall report on a regular basis to the joint committee on
     corrections and
juvenile justice oversight regarding the expenditures from this account.

Facilities operations
  For the fiscal year ending June 30, 1998............................ $23,504,863

Provided, That any unencumbered balance in each of the following accounts in
     excess of
$100 as of June 30, 1997, is hereby reappropriated to the facilities operations
     account of
the juvenile justice authority for fiscal year 1998:  Operating expenditures
     account of the
youth center at Topeka; operating expenditures account of the youth center at
     Beloit; op-
erating expenditures account of the youth center at Atchison; and operating
     expenditures
account of the Larned state hospital--youth center at Larned: Provided, however,
     That
expenditures from such reappropriated balance shall not exceed $85,357 except
     upon ap-
proval of the state finance council: Provided further, That expenditures may be
     made from
this account for educational services contracts which are hereby authorized to
     be negotiated
and entered into by the above agency with unified school districts or other
     public educational
services providers: And provided further, That such educational services
     contracts shall not
be subject to the competitive bid requirements of K.S.A. 75-3739 and amendments
     thereto.



1632                  


1997 Session Laws of Kansas                  Ch. 192


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

Juvenile justice delinquency prevention--federal fund
  For the fiscal year ending June 30, 1998............................... $903,544
Juvenile detention facilities fund
  For the fiscal year ending June 30, 1998............................. $2,727,830
Juvenile justice fee fund
  For the fiscal year ending June 30, 1998............................... No limit
Kansas endowment for youth trust fund
  For the fiscal year ending June 30, 1998............................... No limit
Juvenile justice federal fund
  For the fiscal year ending June 30, 1998............................... No limit
Juvenile justice community initiative fund
  For the fiscal year ending June 30, 1998............................... No limit
Juvenile justice community planning fund
  For the fiscal year ending June 30, 1998............................... No limit
Byrne grant--federal fund
  For the fiscal year ending June 30, 1998............................... No limit

Provided, That no expenditures shall be made from the Byrne grant--federal fund,
     other
than for information systems planning, 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 and acting after receiving a recommendation from the joint committee on
     computers
and telecommunications: Provided, however, That expenditures for such planning
     purposes
shall not exceed $125,000: Provided further, That the commissioner shall present
     a man-
agement information system plan to the joint committee on computers and
     telecommuni-
cations and the joint committee shall make a recommendation to the state finance
     council
thereon: And provided further, That the commissioner shall report to the joint
     committee
on computers and telecommunications quarterly during the fiscal year on the
     status of
expenditures and development of a strategic plan for information technology.

Capital facilities planning and projects--federal fund
  For the fiscal year ending June 30, 1998............................... No limit

Provided, That expenditures may be made from the capital facilities planning and
     pro-
jects--federal fund for purposes of a systemwide facilities review and
     development of a
master plan, including a review of privatization options: Provided, however,
     That no ex-
penditures shall be made from this fund for any other purpose 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 and acting subsequent to a review of the plan
     and pro-
jects by the joint committee on corrections and juvenile justice oversight and
     the joint
committee on state building construction.

Topeka juvenile correctional facility fee fund
  For the fiscal year ending June 30, 1998............................... No limit
Topeka juvenile correctional facility improvement fund
  For the fiscal year ending June 30, 1998............................... No limit
Topeka juvenile correctional facility--elementary and secondary educa-
  tion fund--federal
  For the fiscal year ending June 30, 1998............................... No limit

Ch. 192                  1997 Session Laws of Kansas
                  1633

Topeka juvenile correctional facility--canteen fund
  For the fiscal year ending June 30, 1998............................... No limit
Topeka juvenile correctional facility--patient benefit fund
  For the fiscal year ending June 30, 1998............................... No limit
Atchison juvenile correctional facility fee fund
  For the fiscal year ending June 30, 1998............................... No limit
Atchison juvenile correctional facility--elementary and secondary edu-
  cation fund--federal
  For the fiscal year ending June 30, 1998............................... No limit
Atchison juvenile correctional facility--canteen fund
  For the fiscal year ending June 30, 1998............................... No limit
Atchison juvenile correctional facility--patient benefit fund
  For the fiscal year ending June 30, 1998............................... No limit
Beloit juvenile correctional facility fee fund
  For the fiscal year ending June 30, 1998............................... No limit
Beloit juvenile correctional facility--elementary and secondary education
  fund--federal
  For the fiscal year ending June 30, 1998............................... No limit
Beloit juvenile correctional facility--canteen fund
  For the fiscal year ending June 30, 1998............................... No limit
Beloit juvenile correctional facility--patient benefit fund
  For the fiscal year ending June 30, 1998............................... No limit

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

Capital improvements--rehabilitation, remodeling, renovation and repair
  of juvenile correctional facilities
  For the fiscal year ending June 30, 1998............................... $1,055,200

Provided, That the commissioner of juvenile justice is hereby authorized to
     transfer moneys
during fiscal year 1998 from the capital improvements--rehabilitation,
     remodeling, reno-
vation and repair of juvenile correctional facilities account of the state
     institutions building
fund to an account or accounts of the state institutions building fund of any
     institution or
facility under the jurisdiction of the commissioner of juvenile justice to be
     expended during
fiscal year 1998 by the institution or facility for capital improvement
     projects, approved by
the commissioner of juvenile justice.

Capital facilities planning and projects--SIBF
  For the fiscal year ending June 30, 1998............................... $400,000

Provided, That expenditures may be made from the capital facilities planning and
     pro-
jects--SIBF account for purposes of a systemwide facilities review and
     development of a
master plan, including a review of privatization options: Provided, however,
     That no ex-
penditures may be made from this account for any other purpose 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 and acting subsequent to a review of the plan
     and pro-
jects by the joint committee on corrections and juvenile justice oversight and
     the joint
committee on state building construction.

   (d)  On July 1, 1997, on October 1, 1997, on January 1, 1998, and on
April 1, 1998, the director of accounts and reports shall transfer $200,000
from the juvenile detention facilities fund to the juvenile justice com-
munity planning fund.

   (e)  On July 1, 1997, or as soon thereafter as moneys are available,
     the



1634                  


1997 Session Laws of Kansas                  Ch. 192

director of accounts and reports shall transfer $90,000 from the alcohol
and drug abuse block grant federal fund of the department of social and
rehabilitation services to the juvenile justice fee fund of the juvenile
     jus-
tice authority.

   (f)  On July 1, 1997, or as soon thereafter as moneys are available,
     the
director of accounts and reports shall transfer $41,333 from the alcohol
and drug abuse block grant federal fund of the department of social and
rehabilitation services to the Beloit juvenile correctional facility fee
     fund
of the juvenile justice authority.

   (g)  During the fiscal year ending June 30, 1998, the superintendent
of the Topeka juvenile correctional facility, upon the approval of the di-
rector of accounts and reports, shall transfer $4,000 from the Topeka
juvenile correctional facility--canteen fund to the Topeka juvenile cor-
rectional facility--patient benefit fund.

   (h)  During the fiscal year ending June 30, 1998, the superintendent
of the Atchison juvenile correctional facility, upon the approval of the
director of accounts and reports, shall transfer $500 from the Atchison
juvenile correctional facility--canteen fund to the Atchison juvenile cor-
rectional facility--patient benefit fund.

   (i)  During the fiscal year ending June 30, 1998, the superintendent
of the Beloit juvenile correctional facility, upon the approval of the di-
rector of accounts and reports, shall transfer $1,000 from the Beloit ju-
venile correctional facility--canteen fund to the Beloit juvenile correc-
tional facility--patient benefit fund.

   (j)  During the fiscal year ending June 30, 1998, the commissioner of
the juvenile justice authority, 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 juvenile justice authority or any
juvenile correctional facility or institution under the general supervision
and management of the commissioner of juvenile justice to another item
of appropriation for fiscal year 1998 from the state general fund for the
juvenile justice authority or any juvenile correctional facility or
     institution
under the general supervision and management of the commissioner of
juvenile justice. The commissioner of juvenile justice shall certify each
such transfer to the director of accounts and reports and shall transmit a
copy of each such certification to the legislative research department.

   (k)  The following amounts are included in the facilities operations
account of the state general fund for the fiscal year ending June 30, 1998,
for the following juvenile correctional facilities and institutions, but ex-
penditures from the facilities operations account shall not be limited to,
nor be required to be made in, the amount listed for the juvenile correc-
tional facility:

Topeka juvenile correctional facility
  For the fiscal year ending June 30, 1998............................. $9,983,596

Ch. 192                  1997 Session Laws of Kansas
                  1635

Beloit juvenile correctional facility
  For the fiscal year ending June 30, 1998............................. $4,511,968
Atchison juvenile correctional facility
  For the fiscal year ending June 30, 1998............................. $5,326,391
Larned juvenile correctional facility
  For the fiscal year ending June 30, 1998............................. $3,768,265

   (l)  On or after July 1, 1997, during fiscal year 1998, upon
     notification
of the commissioner of the juvenile justice authority and the superinten-
dent of the Larned juvenile correctional facility, the director of accounts
and reports shall transfer all moneys identified by the commissioner of
the juvenile justice authority and the superintendent of the Larned ju-
venile correctional facility for the residential substance abuse program at
the Larned state hospital--youth center at Larned to the juvenile justice
federal fund of the juvenile justice authority.

   (m)  On July 1, 1997, the position limitation established by section
     95
of 1997 Senate Substitute for House Bill No. 2160 for the fiscal year
ending June 30, 1998, for the above agency is hereby increased from 151.5
to 590.0: Provided, That the limitations on the number of full-time and
regular part-time positions equated to full-time, excluding seasonal and
temporary positions, established by section 95 of 1997 Senate Substitute
for House Bill No. 2160 for the fiscal year ending June 30, 1998, for the
youth center at Atchison, youth center at Beloit, Larned state hospi-
tal--youth center at Larned and youth center at Topeka are hereby su-
perseded by the position limitation established for the juvenile justice
authority: Provided further, That the provisions of section 95 of 1997
Senate Substitute for House Bill No. 2160 which set forth limitations on
full-time equivalent positions for the youth center at Atchison, youth cen-
ter at Beloit, Larned state hospital--youth center at Larned and youth
center at Topeka shall not apply to the Atchison juvenile correctional
facility, Beloit juvenile correctional facility, Larned juvenile
     correctional
facility or Topeka juvenile correctional facility and shall be of no force
     or
effect.

   Sec. 40.

   (a)  On July 1, 1997, of the $1,483,967 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 32(a) of 1997
Senate Substitute for House Bill No. 2160 from the state general fund in
the operating expenditures account, the sum of $2,604 is hereby lapsed.

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

Franchise fee recovery fund
  For the fiscal year ending June 30, 1998................................ $80,000

1636                  


1997 Session Laws of Kansas                  Ch. 192


   (c)  During each month of the fiscal year ending June 30, 1998, the
secretary of state shall certify to the director of accounts and reports the
amount equal to the product of $1 multiplied by the number of annual
reports received by the secretary of state during the preceding month
from professional corporations, domestic or foreign corporations, corpo-
rations organized not for profit, domestic or foreign limited liability com-
panies, domestic or foreign limited partnerships or any other entities pur-
suant to statute, which include the receipt of an annual franchise tax or
privilege fee. Upon receipt of each such certification, the director of ac-
counts and reports shall transfer an amount equal to the amount certified
from the state general fund to the franchise fee recovery fund of the
secretary of state.

   Sec. 41.

   (a)  On July 1, 1997, the expenditure limitation established for the
fiscal year ending June 30, 1998, by section 7(a) of 1997 Senate Substitute
for House Bill No. 2160 on the healing arts fee fund is hereby increased
from $1,634,945 to $1,650,663.

   (b)  On July 1, 1997, the expenditure limitation established for the
fiscal year ending June 30, 1999, by section 7(a) of 1997 Senate Substitute
for House Bill No. 2160 on the healing arts fee fund is hereby increased
from $1,658,279 to $1,671,279.

   Sec. 42.

   (a)  On July 1, 1997, the position limitation established by section
105(h) of 1997 Senate Substitute for House Bill No. 2160 for the above
agency is hereby decreased from 3,227.5 to 3,139.5.

   Sec. 43.  On July 1, 1997, section 106 of 1997 Senate Substitute for
House Bill No. 2160 is hereby amended to read as follows:  Sec. 106.
Kansas quality program. (a) In addition to other expenditures 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 dis-
cretion 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 sup-
port of the Kansas quality program: Provided, That all such expenditures
from such fund for the fiscal year 1998 shall be in addition to any ex-



Ch. 192                  1997 Session Laws of Kansas
                  1637

penditure 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 ex-
pended 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 high-
way fund from which expenditures may be made for agency operations,
and (2) shall not include (A) that portion of moneys which may be ex-
pended for other operating expenses in the regular maintenance subpro-
gram and (B) that portion of moneys saved as a result of salary reductions
from holding positions vacant and retirements that total $1,267,692 in
the fiscal year ending June 30, 1997.

   (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 appropri-
ated 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 ac-
count of any such special revenue fund shall be in addition to any ex-
penditure 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 enti-
tled or for which the employee may become eligible.

   Sec. 44.

   (a)  On July 1, 1997, the expenditure limitation established by
     section



1638                  


1997 Session Laws of Kansas                  Ch. 192

50(b) of 1997 Senate Substitute for House Bill No. 2160 on the state
racing fund is hereby increased from $2,003,453 to $2,013,703.

   (b)  On July 1, 1997, the expenditure limitation established by
     section
50(b) of 1997 Senate Substitute for House Bill No. 2160 on the horse fair
racing benefit fund is hereby increased from $400,000 to No limit.

   (c)  The director of accounts and reports shall not make the transfer
of $200,000 from the horse fair racing benefit fund to the state racing
fund which was directed to be made on July 1, 1997, by section 50(h) of
1997 Senate Substitute for House Bill No. 2160.

   Sec. 45.

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

Capacity expansion planning
  For the fiscal year ending June 30, 1997............................... $776,956

Provided, That expenditures may be made from the capacity expansion planning
     account
for planning for new construction at Norton correctional facility: Provided,
     however, That
the aggregate of expenditures from the capacity expansion planning account for
     fiscal year
1997 and fiscal year 1998 shall not exceed $364,586 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 by subsection (c) of K.S.A.
     75-3711c and
amendments thereto and acting after the above agency has issued requests for
     proposals for
two 200-bed correctional facilities during fiscal year 1998: And provided
     further, That any
unencumbered balance in excess of $100 as of June 30, 1997, is hereby
     reappropriated for
fiscal year 1998.

Community correctional conservation camp
  For the fiscal year ending June 30, 1998............................... $262,500
Community corrections
  For the fiscal year ending June 30, 1998............................... $700,000

Provided, That no expenditure shall be made of the $700,000 appropriated from
     the state
general fund by this section in the community corrections 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 by subsection
     (c) of K.S.A.
75-3711c and amendments thereto after the review of the agency's project or
     projects rec-
ommendation by the joint committee on corrections and juvenile justice: Provided
     further,
That the above agency's project or projects shall target probation violators to
     reduce prison
population.

   (b)  On July 1, 1997, of the $120,111,310 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 81(a) of 1997
Senate Substitute for House Bill No. 2160 from the state general fund in
the facilities operations account, the sum of $295,652 is hereby lapsed.

   (c)  On the effective date of this act, the $51,000 appropriated for
     the
above agency for the fiscal year ending June 30, 1997, by section 39(a) of
1997 Senate Substitute for House Bill No. 2272 from the state general
fund in the treatment and programs account, is hereby lapsed.

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



Ch. 192                  1997 Session Laws of Kansas
                  1639

Partial construction of Norton correctional facility 200-bed unit
  For the fiscal year ending June 30, 1998............................... $780,712

Provided, That no expenditures may be made from the partial construction of
     Norton cor-
rectional facility 200-bed unit 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 by subsection (c) of K.S.A. 75-3711c and
     amendments
thereto after the review of the recommendation by the joint committee on
     corrections and
juvenile justice.

Construction of 32-bed unit at Hutchinson correctional facility south unit
  For the fiscal year ending June 30, 1998............................... $227,497

Provided, That no expenditures may be made from the construction of 32-bed unit
     at Hutch-
inson correctional facility south unit 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 by subsection (c) of K.S.A.
     75-3711c and
amendments thereto after the review of the recommendation by the joint committee
     on
corrections and juvenile justice.

   (e)  In addition to the other purposes for which expenditures may be
made by the above agency from the planning for new general housing
population units account of the correctional institutions building fund for
the fiscal year ending June 30, 1997, as authorized by section 33 of chapter
259 of the 1996 Session Laws of Kansas, and for the fiscal year ending
June 30, 1998, as authorized by section 28 of 1997 Senate Substitute for
House Bill No. 2166, expenditures may be made by the above agency
from the planning for new general housing population units account of
the correctional institutions building fund for fiscal year 1997 and fiscal
year 1998 for the preparation and issuance of requests for proposals for
the design, construction and operation of a 200-bed medium custody
adult male correctional facility and a 200-bed low-cost special population
unit: Provided, That such requests for proposals may be prepared and
issued but shall not be awarded until after the annual projections of the
Kansas sentencing commission and the resulting department of correc-
tions projections regarding classification of the inmate population have
been completed and the department of corrections has advised and con-
sulted with the joint committee on corrections and juvenile justice over-
sight regarding the sentencing projections and the inmate population clas-
sification by the department of corrections and regarding the department
of correction's recommendations regarding existing and approved inmate
capacity: Provided further, That no expenditures shall be made for the
awarding of such requests for proposals and such requests for proposals
shall not be awarded except upon approval of the state finance council
acting on this matter which is hereby characterized as a matter of legis-
lative delegation and subject to the guidelines prescribed by subsection
  (c) of K.S.A. 75-3711c and amendments thereto and acting on this matter
after receiving the recommendations of the joint committee on correc-
tions and juvenile justice oversight thereon: And provided further, That
the annual projections of the Kansas sentencing commission shall be
based on participation of the sentencing commission inmate population



1640                  


1997 Session Laws of Kansas                  Ch. 192

consensus group which shall include as a member the director of the
Kansas legislative research department, or the director's designee: And
provided further, That bidders responding to the requests for proposals
shall not be excluded from submitting combined bids on both requests
for proposals if the objectives of both requests for proposals are
     satisfied:
And provided further, That the department of corrections shall not be
excluded from submitting responses on both requests for proposals: Pro-
vided, That expenditures for such purposes from the correctional insti-
tutions building fund for fiscal year 1997 shall not exceed $80,000.

   (f)  In addition to the other purposes for which expenditures may be
made by the above agency from the planning for new general housing
population units account of the correctional institutions building fund for
the fiscal year ending June 30, 1997, as authorized by section 33 of chapter
259 of the 1996 Session Laws of Kansas, and for the fiscal year ending
June 30, 1998, as authorized by section 28 of 1997 Senate Substitute for
House Bill No. 2166, expenditures may be made by the above agency
from the planning for new general housing population units account of
the correctional institutions building fund for fiscal year 1997 and for
fiscal year 1998 for the department of corrections to assist the legislature
and to develop and adopt a ten-year corrections master plan for the leg-
islature to guide the development and expansion of correctional programs
and facilities: Provided, That a scope statement of the ten-year corrections
master plan shall be presented to the joint committee on corrections and
juvenile justice oversight on or before September 1, 1997: Provided fur-
ther, That, after such presentation, the above agency shall advise and
consult with such joint committee and shall assist in revising such master
plan prior to finalization of such master plan: And provided further, That
expenditures may be made by the above agency from such account of
such fund for fiscal year 1997 and fiscal year 1998 for such experts and
consultants as are necessary to develop such master plan: And provided
further, That the master plan shall include:

   (1)  Enhanced or expanded community corrections programs; the
plan shall address how such programs will slow the growth of the need
for new prison beds or reduce the need for new prison beds; review of
community correction programs may include, but not be limited to, in-
tensive supervision, short-term jail sentences, half-way houses and com-
munity-based work;

   (2)  any future expansion of state correctional facilities;

   (3)  a work academy or mobile facility;

   (4)  a public-private contract for the building and operation of a
     cor-
rectional facility to house probation and conditional release violators or
other special populations;

   (5)  a guide for community-based facilities;

   (6)  consolidation or centralization of field services;

   (7)  correctional bed needs in the future;



Ch. 192                  1997 Session Laws of Kansas
                  1641


   (8)  private expansion with specific recommendations on criteria to
guide the determination of any program appropriate for privatization, to
assist in determining the placement of any such facility and to guide in
the selection of any private provider;

   (9)  specific programs to deal with specific populations within the
     ex-
isting state facilities that could be served in the community to ease ca-
pacity demands on the existing state institutions and the cost basis and
effectiveness of such programs;

   (10)  contracts with profit or nonprofit corporations which would
serve to reduce the demands on the state facilities;

   (11)  projected costs of any such plans developed or recommended;
and

   (12)  identification of any revenue source sufficient to appropriately
fund any plans developed or recommended: And provided further, That
the department of corrections shall meet regularly with the joint com-
mittee on corrections and juvenile justice regarding the development of
the ten-year corrections master plan and prepare a preliminary report for
the 1998 legislature: And provided further, That the aggregate of ex-
penditures from such account of such fund for fiscal year 1997 and fiscal
year 1998 for such purposes shall not exceed $80,000.

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

Violent offender incarceration and truth in sentencing incentive grants
  federal fund
  For the fiscal year ending June 30, 1998............................... No limit
El Dorado site utilities replacement revenue fund
  For the fiscal year ending June 30, 1998............................... No limit

Provided, That the department of corrections may make expenditures from the El
     Dorado
site utilities replacement revenue fund for the capital improvement project for
     replacement
of site utilities at the El Dorado correctional facility: Provided further, That
     the capital
improvement project for site utilities replacement at the El Dorado correctional
     facility is
hereby approved for the department of corrections for the purpose of subsection
     (b) of
K.S.A. 74-8905 and amendments thereto and the authorization of the issuance of
     bonds by
the Kansas development finance authority in accordance with the statute:
     Provided, how-
ever, That expenditures from this fund for such capital improvement project
     shall not exceed
$5,637,316 plus all amounts required for costs of any bonds issuance, costs of
     interest on
any bond issued or obtained for such capital improvement project and any
     required reserves
for payment of principal and interest on any bond: And provided further, That
     all moneys
received from the issuance of any such bonds shall be deposited in the state
     treasury to the
credit of this fund.

Correctional facilities expansion projects revenue fund
  For the fiscal year ending June 30, 1998............................... No limit

Provided, That the department of corrections may make expenditures from the
     correctional
facilities expansion projects revenue fund for the capital improvement projects
     for expansion
of a correctional facility at Hutchinson pending the outcome of the department's
     requests



1642                  


1997 Session Laws of Kansas                  Ch. 192

for proposals for a 200-bed medium custody adult male correctional facility:
     Provided fur-
ther, That the capital improvement projects for expansion of a correctional
     facility at Hutch-
inson is hereby approved for the department of corrections for the purposes of
     subsection
  (b) of K.S.A. 74-8905 and amendments thereto and the authorization of the
     issuance of
bonds by the Kansas development finance authority in accordance with that
     statute: Pro-
vided, however, That expenditures from this fund for such capital improvement
     project shall
not exceed $6,700,345 plus all amounts required for costs of any bond issuance,
     costs of
interest on any bond issued or obtained for such capital improvement project and
     any
required reserves for payment of principal and interest on any bond: And
     provided further,
That all moneys received from the issuance of any such bonds shall be deposited
     in the
state treasury to the credit of this fund: And provided further, That no bonds
     may be issued
until after April 11, 1998: And provided further, That no bonds shall be issued
     for expansion
of correctional facilities 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.

   (h)  In addition to the other purposes for which expenditures may be
made by the above agency from the state of Kansas--department of cor-
rections inmate benefit fund for the fiscal year ending June 30, 1998, as
authorized by section 81(b) of 1997 Senate Substitute for House Bill No.
2160, expenditures may be made by the above agency from the state of
Kansas--department of corrections inmate benefit fund for fiscal year
1998 to fund the operation of visitors centers administration costs and
operations at Ellsworth and Norton correctional facilities: Provided, That
expenditures for such purposes from the state of Kansas--department of
corrections inmate benefit fund for fiscal year 1998 shall not exceed
$119,029.

   (i)  In addition to the other purposes for which expenditures may be
made by the above agency from the Hutchinson correctional facility--
inmate benefit fund for the fiscal year ending June 30, 1998, as authorized
by section 81(b) of 1997 Senate Substitute for House Bill No. 2160, ex-
penditures may be made by the above agency from the Hutchinson cor-
rectional facility--inmate benefit fund for fiscal year 1998 to fund the
operation of the visitors center at the Hutchinson correctional facility:
Provided, That expenditures for such purposes from the Hutchinson cor-
rectional facility--inmate benefit fund for fiscal year 1998 shall not
     exceed
$47,388.

   (j)  In addition to the other purposes for which expenditures may be
made by the above agency from the Lansing correctional facility--inmate
benefit fund for the fiscal year ending June 30, 1998, as authorized by
section 81(b) of 1997 Senate Substitute for House Bill No. 2160, ex-
penditures may be made by the above agency from the Lansing correc-
tional facility--inmate benefit fund for fiscal year 1998 to fund the op-
eration of the visitors center at Lansing correctional facility: Provided,
That expenditures for such purposes from the Lansing correctional facil-
ity--inmate benefit fund for fiscal year 1998 shall not exceed $46,657.

   (k)  On July 1, 1997, the amounts specified in section 81(c) of 1997
Senate Substitute for House Bill No. 2160 as being included in the facil-



Ch. 192                  1997 Session Laws of Kansas
                  1643

ities operations account of the state general fund for the following cor-
rectional institutions and facilities are hereby changed to the amounts
specified therefor, but expenditures from the facilities operations account
of the state general fund shall not be limited to or be required to be made
in the amount listed for the correctional institution or facility, as
     follows:

   (1) The amount for the Lansing correctional facility is hereby
     decreased
from $29,593,454 to $29,532,082; (2) the amount for the Topeka correc-
tional facility is hereby increased from $11,982,942 to $12,129,942.

   (l)  On July 1, 1997, the position limitation established by section
     81(f)
of 1997 Senate Substitute for House Bill No. 2160 for the above agency
is hereby decreased from 3,016.5 to 3,007.5.

   Sec. 46.

   (a)  There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:
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:  Adult corrections
     oversight.

   Sec. 47.

   (a)  In addition to the other purposes for which expenditures may be
made by the above agency from the board of accountancy fee fund for
the fiscal year ending June 30, 1997, as authorized by section 3(a) of
chapter 224 of the 1995 Session Laws of Kansas, section 7 of chapter 191
of the 1996 Session Laws of Kansas, or by this or other appropriation act
of the 1997 regular session of the legislature, expenditures may be made
by the above agency from the board of accountancy fee fund for fiscal
year 1997 for certified public accountant examination services for the
administration of the certified public accountant examination in May,
1997: Provided, That all expenditures for such certified public accountant
examination services shall be in addition to any expenditure limitation
imposed upon the board of accountancy fee fund for fiscal year 1997:
Provided, however, That expenditures from the board of accountancy fee
fund for fiscal year 1997 for such certified public accountant examination
services shall not exceed $120,000.

   Sec. 48.

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

State personnel and payroll system upgrade
  For the fiscal year ending June 30, 1997............................. $3,800,000

Provided, That any unencumbered balance in the state personnel and payroll
     system up-
grade account in excess of $100 as of June 30, 1997, is hereby reappropriated
     for fiscal year
1998.

Year 2000 computer repair for state agencies
  For the fiscal year ending June 30, 1997............................... $800,000
  For the fiscal year ending June 30, 1998............................. $4,653,012

1644                  


1997 Session Laws of Kansas                  Ch. 192

Provided, That any unencumbered balance in the year 2000 computer repair for
     state agen-
cies account in excess of $100 as of June 30, 1997, is hereby reappropriated for
     fiscal year
1998.

Insurance for state buildings
  For the fiscal year ending June 30, 1998................................ $27,000
Facilities management
  For the fiscal year ending June 30, 1998................................. $5,014
Cedar Crest repair and renovation
  For the fiscal year ending June 30, 1998............................... $500,000
  For the fiscal year ending June 30, 1999............................... $500,000
Southeast Kansas public broadcasting study
  For the fiscal year ending June 30, 1998................................ $20,000

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

Wyandotte county consolidation study fund
  For the fiscal year ending June 30, 1998............................... No limit

Provided, That, upon certification by the director of the budget, the director
     of accounts
and reports shall transfer the unencumbered balance in the Wyandotte county
     consolidation
study fund to Wyandotte county, to Kansas City, Kansas, and to the strategic
     action grants
subaccount of the Kansas economic development endowment account of the state
     economic
development initiatives fund of the department of commerce and housing in the
     same
proportion that each contributed to the Wyandotte county consolidation study
     fund: Pro-
vided further, That no unencumbered balance shall be returned to Wyandotte
     county until
$10,000 has been returned to Kansas City, Kansas, and $10,000 has been returned
     to the
strategic action grants subaccount of the Kansas economic development endowment
     account
of the state economic development initiatives fund of the department of commerce
     and
housing: And provided further, That, upon completion of such fund transfers, the
     Wyandotte
county consolidation study fund is hereby abolished.

State capitol dome sculpture fund
  For the fiscal year ending June 30, 1998............................... No limit

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

   (c)  On July 1, 1997, of the $2,866,873 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 9(a) of 1997
Senate Substitute for House Bill No. 2166 from the state general fund in
the energy conservation improvements--debt service account, the sum
of $44,553 is hereby lapsed.

   (d)  On July 1, 1997, of the $2,683,876 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 45(a) of 1997



Ch. 192                  1997 Session Laws of Kansas
                  1645

Senate Substitute for House Bill No. 2160 from the state general fund in
the accounting and reporting services account, the sum of $58,168 is
hereby lapsed.

   (e)  On July 1, 1997, the position limitation established by section
     46
of 1997 Senate Substitute for House Bill No. 2160 for the above agency
is hereby decreased from 851.4 to 847.4.

   (f)  On the effective date of this act, or as soon thereafter as
     moneys
are available during fiscal year 1997 or fiscal year 1998, the director of
accounts and reports shall transfer amounts specified by the secretary of
administration of not to exceed a total of $18,400 from the state capitol
dome sculpture fund to the Kansas economic development endowment
account of the state economic development initiatives fund of the de-
partment of commerce and housing, for the purpose of reimbursing the
Kansas economic development endowment account of the state economic
development initiatives fund of the department of commerce and
housing.

   (g)  In addition to the other purposes for which expenditures may be
made by the above agency from the dependent care assistance program
fund for the fiscal years ending June 30, 1997, and June 30, 1998, as
authorized by this or other appropriation act of the 1996 or 1997 regular
session of the legislature, expenditures may be made by the above agency
from the dependent care assistance program fund for fiscal year 1997 and
fiscal year 1998 to participate in a demonstration customer satisfaction
survey: Provided, That expenditures from the dependent care assistance
program fund for fiscal year 1997 and fiscal year 1998 to participate in a
demonstration customer satisfaction survey shall not exceed $25,000.

   Sec. 49.  (a) Except as otherwise provided in this section or as spe-
cifically authorized by an act of the legislature enacted during the 1997
or 1998 regular session of the legislature, no expenditures shall be made
by any state agency from any moneys appropriated for the fiscal years
ending June 30, 1997, or June 30, 1998, by any appropriation act enacted
by the legislature during the 1996 regular session, by this act or by any
other appropriation act of the 1997 regular session of the legislature, or
by any appropriation act enacted during the 1998 regular session of the
legislature, for any expenses for the sale, exchange, or other disposition
conveying title for any state property, as defined by this section, and no
state property, as defined by the section, shall be sold, exchanged or
otherwise conveyed or disposed of by any state agency: Provided, how-
ever, That expenditures may be made by a state agency for the expenses
of the sale, exchange, or other disposition conveying title for any such
state property upon specific authorization by the state finance council
acting on this matter which is hereby characterized as a matter of legis-
lative delegation and subject to the guidelines prescribed in subsection
  (c) of K.S.A. 75-3711c and amendments thereto, and such specified state



1646                  


1997 Session Laws of Kansas                  Ch. 192

property may be sold, exchanged or otherwise conveyed or disposed of
by the state agency in accordance with such authorization by the state
finance council: Provided further, That the net proceeds from the sale of
any Winfield state hospital and training center property shall be deposited
in the state treasury to the credit of the Winfield properties special rev-
enue fund of the department of social and rehabilitation services: And
provided further, That the net proceeds from the sale of any Topeka state
hospital property shall be deposited in the state treasury to the credit of
the Topeka state hospital transition fund of the department of
administration.

   (b) (1)  As used in this section, ``state property'' means all Topeka
state hospital property and all Winfield state hospital and training center
property;

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

   (3)  ``Winfield state hospital and training center property'' means
     all
state-owned land and improvements in the city of Winfield, KS, and
Cowley county located in the southwest quarter of section 14, the south-
east quarter of section 15 and part of the northwest quarter of section 15
east of the center of Timber Creek, all located in township 32 south,
range 4 east of the 6th P.M.

   Sec. 50.

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

Winfield properties special revenue fund
  For the fiscal year ending June 30, 1997............................... No limit

Provided, That expenditures may be made from the Winfield properties special
     revenue
fund for the fiscal year ending June 30, 1997, for operating expenditures for
     the operation
and maintenance of the Winfield state hospital and training center property,
     including any
expenses for operating heating plants and other facilities and for the security
     and repair of
the state property: Provided further, That the secretary of social and
     rehabilitation services
is hereby authorized to fix, charge and collect fees for operating expenses
     incurred to provide
heating services for buildings and facilities on the Winfield state hospital and
     training center
property: And provided further, That such fees shall be fixed in order to
     recover all or part
of such operating expenses: And provided further, That all moneys received for
     such fees
shall be deposited in the state treasury to the credit of this fund.

  For the fiscal year ending June 30, 1998............................... No limit

Provided, That expenditures may be made from the Winfield properties special
     revenue
fund for the fiscal year ending June 30, 1998, for operating expenditures for
     the operation
and maintenance of the Winfield state hospital and training center property,
     including any



Ch. 192                  1997 Session Laws of Kansas
                  1647

expenses for operating heating plants and other facilities and for the security
     and repair of
the state property: Provided further, That the secretary of social and
     rehabilitation services
is hereby authorized to fix, charge and collect fees for operating expenses
     incurred to provide
heating services for buildings and facilities on the Winfield state hospital and
     training center
property: And provided further, That such fees shall be fixed in order to
     recover all or part
of such operating expenses: And provided further, That all moneys received for
     such fees
shall be deposited in the state treasury to the credit of this fund.

   (b)  In addition to the other purposes for which expenditures may be
made by the above agency from the Winfield properties special revenue
fund for the fiscal years ending June 30, 1997, and June 30, 1998, as
authorized by this or other appropriation act of the 1997 regular session
of the legislature, expenditures may be made by the above agency from
the Winfield properties special revenue fund for fiscal year 1997 and fiscal
year 1998 for (1) expenses related to the review and consideration of
proposals and other matters relating to the potential disposition of the
Winfield state hospital and training center property, including, but not
limited to, expenditures for members of the legislature who are members
of any advisory committee established therefor by the secretary of social
and rehabilitation services for per diem compensation, subsistence allow-
ances, mileage and other expenses as provided in K.S.A. 75-3212 or 75-
3223 and amendments thereto for attending meetings of such advisory
committee, or attending a subcommittee meeting thereof authorized by
such advisory committee, and (2) any expenses relating to any sale of any
Winfield state hospital and training center property, as defined by this
section.

   (c)  In addition to the other purposes for which expenditures may be
made by the above agency from moneys appropriated from the state gen-
eral fund or any special revenue fund for the fiscal year ending June 30,
1997, as authorized by section 115 of chapter 191 or section 25 of chapter
272 of the 1996 Session Laws of Kansas, section 22 of 1997 Senate Sub-
stitute for House Bill No. 2272, or by this or other appropriation act of
the 1997 regular session of the legislature, expenditures may be made by
the above agency from the moneys appropriated from the state general
fund or from any special revenue fund for fiscal year 1997 for the sale to
unified school district 501 of capital city high school: Provided, That the
sale of capital city high school to unified school district 501 is hereby
specifically authorized by act of the legislature: Provided, however, That
unified school district 501 shall not sell or otherwise dispose of capital
city high school within 10 years of the sale authorized by this act:
     Provided
further, That the sale of capital city high school shall not be subject to
the provisions of the state surplus property act, K.S.A. 75-6601 through
75-6608, and amendments thereto, or the competitive bidding require-
ments of K.S.A. 75-3738 through 75-3744, and amendments thereto: And
provided further, That the net proceeds from the sale of capital city high
school shall be deposited in the state treasury to the credit of the Topeka
state hospital transition fund of the department of administration.



1648                  


1997 Session Laws of Kansas                  Ch. 192


   (d)  In addition to the other purposes for which expenditures may be
made by the above agency from moneys appropriated from the state gen-
eral fund or any special revenue fund for the fiscal year ending June 30,
1997, as authorized by section 115 of chapter 191 or section 25 of chapter
272 of the 1996 Session Laws of Kansas or by section 22 of 1997 Senate
Substitute for House Bill No. 2272, or for the fiscal year ending June 30,
1998, as authorized by section 61 of 1997 Senate Substitute for House
Bill No. 2160, or for each such fiscal year as authorized by this or other
appropriation act of the 1997 regular session of the legislature, expendi-
tures may be made by the above agency from the moneys appropriated
from the state general fund or from any special revenue fund for fiscal
year 1997 and for fiscal year 1998 for operating expenditures for the
operation and maintenance of the Winfield state hospital and training
center property, including any expenses for operating heating plants and
other facilities and for the security and repair of the state property: Pro-
vided, That all expenditures from any special revenue fund for such pur-
poses shall be in addition to any expenditure limitation imposed on such
special revenue fund for fiscal year 1998: Provided further, That any full-
time or regular part-time positions established by the above agency for
such purposes, approved by the governor and paid from appropriations
for fiscal year 1998 shall be in addition to any limitation established for
the above agency by this or other appropriation act of the 1997 regular
session of the legislature or any appropriation act of the 1998 regular
session of the legislature, on the number of full-time or regular part-time
positions equated to full-time, excluding seasonal and temporary posi-
tions, paid from appropriations for fiscal year 1998.

   (e) (1)  As used in this section, ``state property'' means all Topeka
state hospital property and all Winfield state hospital and training center
property;

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

   (3)  ``capital city high school'' means the real and personal property
and improvements located on the Topeka state hospital property known
as capital city high school and includes the facilities and equipment of
capital city high school, the school shop building, the five Erickson build-
ings and up to approximately 27 acres of land adjacent to the capital city
high school building; and

   (4)  ``Winfield state hospital and training center property'' means
     all
state-owned land and improvements in the city of Winfield, KS, and
Cowley county located in the southwest quarter of section 14, the south-
east quarter of section 15 and part of the northwest quarter of section 15



Ch. 192                  1997 Session Laws of Kansas
                  1649

east of the center of Timber Creek, all located in township 32 south,
range 4 east of the 6th P.M.

   Sec. 51.

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

Topeka state hospital transition operations
  For the fiscal year ending June 30, 1998............................... $500,000

Provided, That expenditures may be made from the Topeka state hospital
     transition oper-
ations account for operation and maintenance of the Topeka state hospital
     property: Pro-
vided, however, That no expenditures shall be made from the Topeka state
     hospital transition
operations account except upon approval of the state finance council acting on
     this matter
which is hereby characterized as a matter of legislative delegation and subject
     to the guide-
lines prescribed in subsection (c) of K.S.A. 75-3711c and amendments
     thereto.

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

Topeka state hospital transition fund
  For the fiscal year ending June 30, 1998............................... No limit

Provided, That expenditures may be made from the Topeka state hospital
     transition fund
for the fiscal year ending June 30, 1998, for consultant services relating to
     the sale or other
disposition of the Topeka state hospital property and operating expenditures for
     the oper-
ation and maintenance of the Topeka state hospital property, including any
     expenses for
operating heating plants and other facilities and for the security and repair of
     the Topeka
state hospital property: Provided, however, That, other than expenditures for
     consultant
services relating to the sale or other disposition of the Topeka state hospital
     property or
expenditures for operating expenditures for the operation and maintenance of the
     Topeka
state hospital property, including any expenses for operating heating plants and
     other facil-
ities and for the security and repair of the Topeka state hospital property, no
     expenditures
shall be made from the Topeka state hospital transition fund except upon
     approval of the
state finance council acting on this matter which is hereby characterized as a
     matter of
legislative delegation and subject to the guidelines prescribed in subsection
     (c) of K.S.A. 75-
3711c and amendments thereto: Provided further, That, notwithstanding the
     provisions of
K.S.A. 75-3307 and 75-3316 and amendments thereto, the secretary of
     administration is
hereby given temporary custody and control of the Topeka state hospital property
     and is
authorized to permit the use of the Topeka state hospital property by other
     state agencies,
to enter into agreements with such state agencies therefor, to fix and alter
     charges for use
of the Topeka state hospital property in such amounts as the secretary of
     administration
may determine to be beneficial or necessary, and to fix, charge and collect fees
     for operating
expenses incurred to provide heating services for buildings and facilities on
     the Topeka state
hospital property: And provided further, That such fees shall be fixed in order
     to recover
all or part of such operating expenses: And provided further, That,
     notwithstanding the
provisions of K.S.A. 75-3316 and amendments thereto, all moneys received for
     such charges
or fees shall be deposited in the state treasury to the credit of this fund.

   (c)  In addition to the other purposes for which expenditures may be
made by the above agency from moneys appropriated from the state gen-
eral fund or any special revenue fund for the fiscal year ending June 30,
1998, as authorized by section 45 of 1997 Senate Substitute for House



1650                  


1997 Session Laws of Kansas                  Ch. 192

Bill No. 2160 or by this or any other appropriation act of the 1997 regular
session of the legislature or by any appropriation act of the 1998 regular
session of the legislature, expenditures may be made by the above agency
from the moneys appropriated from the state general fund or from any
special revenue fund for fiscal year 1998 for operating expenditures for
the operation and maintenance of the Topeka state hospital property,
including any expenses for operating heating plants and other facilities
and for the security and repair of the Topeka state hospital property:
Provided, That all expenditures from any such special revenue fund for
such purposes shall be in addition to any expenditure limitation imposed
on such special revenue fund for fiscal year 1998.

   (d)  In addition to the other purposes for which expenditures may be
made by the above agency from moneys appropriated from the state gen-
eral fund or any special revenue fund for the fiscal year ending June 30,
1998, as authorized by section 45 of 1997 Senate Substitute for House
Bill No. 2160 or by this or any other appropriation act of the 1997 regular
session of the legislature, expenditures may be made by the above agency
from the moneys appropriated from the state general fund or from any
special revenue fund for fiscal year 1998 for operating expenditures for
a total of 24 additional full-time and regular part-time positions equated
to full-time, which full-time equivalent positions shall be in addition to
the number of full-time and regular part-time positions equated to full-
time, excluding seasonal and temporary positions, authorized under this
or other appropriation act of 1997 regular session of the legislature: Pro-
vided, That such expenditures for such additional full-time equivalent
positions shall be subject to approval by the state finance council acting
on this matter which is hereby characterized as a matter of legislative
delegation and subject to the guidelines prescribed in subsection (c) of
K.S.A. 75-3711c: Provided further, That any employee, who is transferred
from the Topeka state hospital to the department of administration upon
assumption of temporary custody and control of Topeka state hospital
property by the secretary of administration and who is subsequently laid
off from the department of administration due to sale or other disposition
of the Topeka state hospital property, shall be provided with the same
rights and benefits available to other employees of Topeka state hospital
who are laid off upon closure of Topeka state hospital: And provided
further, That any expenditures for such rights and benefits shall be funded
and paid in the same manner as prescribed by law for other employees
of Topeka state hospital who are laid off upon closure of Topeka state
hospital.

   (e)  In addition to the other purposes for which expenditures may be
made by the above agency from moneys appropriated from the state gen-
eral fund or any special revenue fund, other than the Topeka state hospital
transition fund, for the fiscal year ending June 30, 1997, as authorized by
section 80 of chapter 191 of the 1996 Session Laws of Kansas, section 14



Ch. 192                  1997 Session Laws of Kansas
                  1651

of 1997 Senate Substitute for House Bill No. 2272 and this or other
appropriation act of the 1997 regular session of the legislature, and for
the fiscal year ending June 30, 1998, as authorized by section 45 of 1997
Senate Substitute for House Bill No. 2160 or by this or any other appro-
priation act of the 1997 regular session of the legislature, expenditures
may be made by the above agency from moneys appropriated from the
state general fund or from any special revenue fund, other than the To-
peka state hospital transition fund, for fiscal year 1998 for (1) expenses
related to the review and consideration of proposals and other matters
relating to the potential disposition of the Topeka state hospital property,
as defined by this section, including, but not limited to, expenditures for
members of the legislature who are members of any advisory committee
which is hereby authorized to be established for such purposes by the
secretary of administration, for per diem compensation, subsistence al-
lowances, mileage and other expenses as provided in K.S.A. 75-3212 or
75-3223 and amendments thereto for attending meetings of such advisory
committee, or attending a subcommittee meeting thereof authorized by
such advisory committee, (2) any expenses relating to any sale of any
Topeka state hospital property, as defined by this section, and (3) any
expenses incurred to assist the department of social and rehabilitation
services with regard to the sale or other disposition of the Winfield state
hospital and training center property, as defined by this section.

   (f)  As used in this section, (1) ``Topeka state hospital property''
     means
all state-owned land and improvements in the city of Topeka, KS, which
is in the area bounded by west sixth street on the south, MacVicar Avenue
on the east, Interstate 70 on the north, and Oakley Avenue on the west,
including the adjacent state-owned land west of Oakley Avenue; and

   (2)  ``Winfield state hospital and training center property'' means
     all
state-owned land and improvements in the city of Winfield, KS, and
Cowley county located in the southwest quarter of section 14, the south-
east quarter of section 15 and part of the northwest quarter of section 15
east of the center of Timber Creek, all located in township 32 south,
range 4 east of the 6th P.M.

   Sec. 52.

   (a)  In addition to the other purposes for which expenditures may be
made by the above agency from the indigents' defense services fund for
the fiscal year ending June 30, 1998, as authorized by section 38(b) of
1997 Senate Substitute for House Bill No. 2160, expenditures may be
made by the above agency from the indigents' defense services fund for
fiscal year 1998 for salaries and wages and other operating expenses of
the above agency.

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



1652                  


1997 Session Laws of Kansas                  Ch. 192

Operating expenditures
  For the fiscal year ending June 30, 1998............................... $250,000
Agency enhancements
  For the fiscal year ending June 30, 1998............................... $140,000

   Sec. 53.

   (a)  On July 1, 1997, of the $87,087,510 appropriated for the above
agency for the fiscal year ending June 30, 1998, by section 78(a) of 1997
Senate Substitute for House Bill No. 2160 from the state general fund in
the operating expenditures (including official hospitality) account, the
sum of $67,900 is hereby lapsed.

   Sec. 54.

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

Tax increment financing revenue replacement fund
  For the fiscal year ending June 30, 1998............................... No limit

   Sec. 55.

   (a)  On July 1, 1997, the appropriation for the Kansas arts commission
of all moneys now or hereafter lawfully credited to and available in the
state capitol dome sculpture fund for the fiscal year ending June 30, 1998,
by section 66(b) of 1997 Senate Substitute for House Bill No. 2160, is
hereby lapsed.

   Sec. 56.

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

Judiciary operations
  For the fiscal year ending June 30, 1998............................... $200,000

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

Permanent families account--family and children investment fund
  For the fiscal year ending June 30, 1998............................... No limit

Provided, That portion of all moneys transferred from the state general fund to
     the family
and children investment fund pursuant to subsection (e) of K.S.A. 38-1808 and
     amendments
thereto that are attributable to moneys credited to the permanent families
     account of the
family and children investment fund shall be credited to the permanent families
     ac-
count--family and children investment fund.



Ch. 192                  1997 Session Laws of Kansas
                  1653


   Sec. 57.

   (a)  In addition to the other purposes for which expenditures may be
made by the Kansas technology enterprise corporation from the opera-
tions, assistance and grants (including official hospitality) account of the
economic development research and development fund for the fiscal year
ending June 30, 1998, as authorized by section 53(a) of 1997 Senate Sub-
stitute for House Bill No. 2160 or by this or other appropriation act of
the 1997 regular session of the legislature, expenditures shall be made by
the Kansas technology enterprise corporation for fiscal year 1998 from
the operations, assistance and grants (including official hospitality) ac-
count of the economic development research and development fund to
prepare and present a report to the joint committee on economic devel-
opment prior to the 1998 regular session of the legislature setting forth
the criteria used to select projects and programs for financing, and setting
forth the criteria for return on public investment in such projects and
programs, that were financed by the Kansas technology enterprise cor-
poration during fiscal year 1996 and fiscal year 1997, whether financed
directly by the above agency or through programs, funds or entities that
are subject to control, supervision or oversight by the Kansas technology
enterprise corporation, specifically including the six for-profit investment
funds in which the Kansas technology enterprise corporation holds equity
interests, during fiscal year 1996 or fiscal year 1997: Provided, That such
report shall include a review of the extent to which the Kansas technology
enterprise corporation has been involved in investment decisions and shall
include a review of the procedures used by the Kansas technology enter-
prise corporation or any such program, fund or other entity to ensure
compliance with the provisions of agreements entered into with respect
to such financing.

   Sec. 58.  Appeals to exceed position limitations. The limitations im-
posed by this act on the full-time equivalent number of full-time and
regular part-time positions, excluding seasonal and temporary positions,
paid from appropriations made in this act or in any appropriation act of
the 1996 regular session of the legislature 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. 59.  Appeals to exceed expenditure limitations. Upon written ap-
plication to the governor and approval of the state finance council, ex-
penditures from special revenue funds may exceed the amounts specified
in this act.

   Sec. 60.  Any state institutions building fund appropriation
     heretofore
appropriated to any state agency named in this or any other appropriation
act of the 1997 regular session of the legislature and having an unencum-
bered balance as of June 30, 1997, in excess of $100 is hereby reappro-



1654                  


1997 Session Laws of Kansas                  Ch. 192

priated for the fiscal year ending June 30, 1998, for the same use and
purpose as originally appropriated, unless specific provision is made for
lapsing such appropriation.

   Sec. 61.  Any Kansas educational building fund appropriation here-
tofore appropriated to any state agency named in this or other appropri-
ation act of the 1997 regular session of the legislature, and having an
unencumbered balance as of June 30, 1997, in excess of $100 is hereby
reappropriated for the fiscal year ending June 30, 1998, for the same uses
and purposes as originally appropriated unless specific provision is made
for lapsing such appropriation.

   Sec. 62.  Any correctional institutions building fund appropriation
heretofore appropriated to any state agency named in this or other ap-
propriation act of the 1997 regular session of the legislature, and having
an unencumbered balance as of June 30, 1997, in excess of $100 is hereby
reappropriated for the fiscal year ending June 30, 1998, for the same uses
and purposes as originally appropriated unless specific provision is made
for lapsing such appropriation.

   Sec. 63.  Any Kansas special capital improvements fund appropriation
heretofore appropriated to any state agency named in this or other ap-
propriation act of the 1997 regular session of the legislature, and having
an unencumbered balance as of June 30, 1997, in excess of $100 is hereby
reappropriated for the fiscal year ending June 30, 1998, for the same uses
and purposes as originally appropriated unless specific provision is made
for lapsing such appropriation.

   Sec. 64.  Savings. Any unencumbered balance in any special revenue
fund, or account thereof, which is not otherwise specifically appropriated
or limited by this or any other appropriation act of the 1997 regular ses-
sion of the legislature, is hereby reappropriated for the fiscal year ending
June 30, 1998, for the same use and purpose as the same was heretofore
appropriated.

   Sec. 65.  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 or in any other appropriation act of the 1997 regular session of
the legislature 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 ex-
penditure limitation imposed on any such fund for the fiscal year ending
June 30, 1998.

   Sec. 66.  On July 1, 1997, sections 87, 88, 89, 90, 91 and 106 of 1997
Senate Substitute for House Bill No. 2160 are hereby repealed.

   Sec. 67.  Effective date. This act shall take effect and be in force
     from
and after its publication in the Kansas register.


Approved May 22, 1997.


Published in the Kansas Register: May 29, 1997..