[u218]
         

          Session of 1998
                   
HOUSE Substitute for SENATE BILL No. 643
         
By Committee on Appropriations
         
4-30
          10             AN ACT making and concerning appropriations for the fiscal years ending
11             June 30, 1998, June 30, 1999, and June 30, 2000; authorizing certain
12             transfers and fees, imposing certain restrictions and limitations and
13             directing or authorizing certain receipts, disbursements, capital im-
14             provements and acts incidental to the foregoing.
15            
16       Be it enacted by the Legislature of the State of Kansas:
17           Section 1. (a) For the fiscal years ending June 30, 1998, June 30,
18       1999, and June 30, 2000, appropriations are hereby made, restrictions
19       and limitations are hereby imposed, and transfers, fees, receipts, dis-
20       bursements and acts incidental to the foregoing are hereby directed or
21       authorized as provided in this act.
22           (b) The agencies named in this act are hereby authorized to initiate
23       and complete the capital improvement projects specified and authorized
24       by this act or for which appropriations are made by this act, subject to
25       the restrictions and limitations imposed by this act.
26           (c) This act shall be known and may be cited as the omnibus appro-
27       priation act of 1998 and shall constitute the omnibus reconciliation spend-
28       ing limit bill for the 1998 regular session of the legislature for purposes
29       of subsection (a) of K.S.A. 75-6702 and amendments thereto.
30           (d) The appropriations made by this act shall not be subject to the
31       provisions of K.S.A. 46-155 and amendments thereto.
32           Sec. 2.
33      
DEPARTMENT OF EDUCATION
34           (a) There is appropriated for the above agency from the state general
35       fund for the fiscal year or years specified, the following:
36      
37		 Supplemental general state aid
    For the fiscal year ending June 30, 1999		 $409,000
38      
39		 Special education services aid
    For the fiscal year ending June 30, 1999		 $11,268,825
40      
41		 KPERS -- employer contributions
    For the fiscal year ending June 30, 1999		 $207,297
42      
43		 Community college credit hour state aid
    For the fiscal year ending June 30, 1999		 $1,090,842

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1      
2		 School district juvenile detention facilities and Flint Hills job corps centergrants
    For the fiscal year ending June 30, 1998		 $219,046
3      
4		 Unified school district no. 207, Fort Leavenworth
    For the fiscal year ending June 30, 1998		 $1,310,760
  5       Provided, That expenditures from this account shall be made only for the purpose of re-
  6       imbursing the school district for underpayment in the 1994-95 school year of general state
  7       aid due to deduction in computation of an amount equal to the amount in this account as
  8       the result of receipt by the school district of a payment of public law 874 moneys, which
  9       moneys were coded incorrectly as section b moneys on the federal payment voucher and
10       deposited in the general fund of the school district in accordance with the provisions of the
11       school district finance and quality performance act: Provided further, That the amount of
12       reimbursement received by the school district pursuant to the foregoing proviso shall be
13       deposited in the school district's capital outlay fund in which the public law 874 moneys
14       would have been deposited if coded correctly as section f moneys on the federal payment
15       voucher: And provided further, That expenditures from this account shall be conditioned
16       so that in the event that the school district receives in any school year a payment of public
17       law 874 section f moneys as an adjustment of the incorrectly coded payment, the school
18       district shall remit the amount of such payment, not to exceed the amount in this account,
19       to the state treasurer, for deposit in the state treasury to the credit of the state general fund.
20           (b) On July 1, 1998, of the $1,703,716,638 appropriated for the above
21       agency for the fiscal year ending June 30, 1999, by section 123(a) of 1998
22       Senate Bill No. 495 from the state general fund in the general state aid
23       account, the sum of $19,095,000 is hereby lapsed.
24           (c) On July 1, 1998, the expenditure limitation established by section
25       123(a) of 1998 Senate Bill No. 495 on the expenditures from the reap-
26       propriated balance in the KPERS -- employer contributions account of
27       the state general fund is hereby increased from $490,097 to $893,732.
28           (d) On July 1, 1998, the limitation established by section 123(a) of
29       1998 Senate Bill No. 495 on the amount of unencumbered balance in the
30       general state aid account of the state general fund that, in excess of which,
31       an amount of not to exceed $1,000,000 shall be transferred to the inser-
32       vice education aid account of the state general fund of the department
33       of education to be used to fund approved inservice education programs
34       as authorized by K.S.A. 72-6901 et seq., and amendments thereto, is
35       hereby increased from $17,428,362 to $25,927,362.
36           (e) On July 1, 1998, of the $1,700,000 appropriated for the above
37       agency for the fiscal year ending June 30, 1999, by section 123(a) of 1998
38       Senate Bill No. 495 from the state general fund in the innovative program
39       assistance account, the sum of $100,000 is hereby lapsed.

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  1           Sec. 3.
  2      
STATE CORPORATION COMMISSION
  3           (a) In addition to the provisions of the provisos to the appropriation
  4       of moneys in the conservation fee fund for the fiscal year ending June
  5       30, 1999, as prescribed in section 102(a) of 1998 Senate Bill No. 495, the
  6       state corporation commission shall prepare a report to be made available
  7       at the beginning of the 1999 regular session of the legislature to the house
  8       of representatives committee on appropriations, the senate committee on
  9       ways and means, the house of representatives committee on environment,
10       and the senate committee on energy and natural resources containing the
11       response of the state corporation commission to the February 1998 per-
12       formance audit by the division of post audit ``reviewing the activities of
13       the corporation commission's conservation division'' (98-36).
14           (b) On July 1, 1998, the expenditure limitation established by section
15       37(a) of chapter 192 of the 1997 Session Laws of Kansas on the aggregate
16       expenditures from the public service regulation fund, the motor carrier
17       license fees fund and the conservation fee fund is hereby decreased from
18       $11,997,605 to $11,967,492.
19           (c) On the effective date of this act, the expenditure limitation estab-
20       lished by section 102(a) of 1998 Senate Bill No. 495 on the aggregate
21       expenditures from the public service regulation fund, the motor carrier
22       license fees fund and the conservation fee fund is hereby decreased from
23       $12,745,569 to $12,715,456.
24           (d) On the effective date of this act, the position limitation established
25       by section 105 of 1998 Senate Bill No. 495 for the above agency is hereby
26       decreased from 212.0 to 211.0.
27           Sec. 4.
28      
ATTORNEY GENERAL
29           (a) There is appropriated for the above agency from the state general
30       fund for the fiscal year or years specified, the following:
31      
32		 Operating expenditures
    For the fiscal year ending June 30, 1999		 $19,369
33       Provided, That no expenditures shall be made from the operating expenditures account for
34       the purpose of paying the salary, fringe benefits and associated operating expenses of a
35       position added in fiscal year 1999 to investigate and prosecute cases of reported child abuse
36       and neglect unless the attorney general receives funding from the Edward Byrne memorial
37       state and local law enforcement assistance grant to pay the remaining part of the salary,
38       fringe benefits and associated operating expenses of such added position.
39      
40		 Operating expenditures relating to interstate water rights regarding theRepublican river and its tributaries
    For the fiscal year ending June 30, 1999		 $980,000
41       Provided, That any unencumbered balance in excess of $100 as of June 30, 1998, in the
42       operating expenditures relating to interstate water rights regarding the Republican river and

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  1       its tributaries account is hereby reappropriated for fiscal year 1999.
  2           Sec. 5.
  3      
JUDICIAL BRANCH
  4           (a) There is appropriated for the above agency from the state general
  5       fund for the fiscal year or years specified, the following:
6      
7		 Judiciary operations
    For the fiscal year ending June 30, 1999		 $688,737
  8       Provided, That expenditures shall be made from the judiciary operations account for fiscal
  9       year 1999 for an additional amount of biweekly compensation for each justice of the supreme
10       court and for each judge of the court of appeals in an amount for each justice or judge equal
11       to $192.31 per biweekly pay period: Provided further, That expenditures from this account
12       for such additional amount of compensation for each justice or judge shall be made in the
13       same manner and at the same times that biweekly compensation is payable to such justice
14       or judge for the biweekly pay periods which commence on or after December 13, 1998,
15       and which are chargeable to fiscal year 1999, and such additional amount of compensation
16       shall be deemed to be part of the annual salary of such judicial officers for all purposes of
17       the annual salary for any other public officer whose compensation is fixed in accordance
18       with the annual salary of any such judicial officer: And provided further, That expenditures
19       shall be made from this account for fiscal year 1999 for an additional amount of biweekly
20       compensation for each district judge in an amount for each district judge equal to $192.31
21       per biweekly pay period: And provided further, That expenditures from this account for
22       such additional amount of compensation for each district judge shall be made in the same
23       manner and at the same times that biweekly compensation is payable to such district judge
24       for the biweekly pay periods which commence on or after December 13, 1998, and which
25       are chargeable to fiscal year 1999, and such additional amount of compensation shall be
26       deemed to be part of the annual salary of such district judges for all purposes of the annual
27       salary for any other public officer whose compensation is fixed in accordance with the annual
28       salary of any such district judge: And provided further, That expenditures shall be made
29       from this account for an additional amount of compensation for each district magistrate
30       judge equal to $96.15 per biweekly pay period: And provided further, That expenditures
31       from this account for such additional amount of compensation for each district magistrate
32       judge shall be made in the same manner and at the same times that biweekly compensation
33       is payable to such district magistrate judge for the biweekly pay periods which commence
34       on or after December 13, 1998, and which are chargeable to fiscal year 1999.
35           Sec. 6.
36      
DEPARTMENT OF CORRECTIONS
37           (a) There is appropriated for the above agency from the state general
38       fund for the fiscal year or years specified, the following:
39      
40		 Planning for transitional centers
    For the fiscal year ending June 30, 1998		 $200,000
41       Provided, That any unencumbered balance in the planning for transitional centers account
42       in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided
43       further, That all expenditures from this account shall be for the purpose of planning for

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  1       transitional centers to expand alternative punishment options: And provided further, That
  2       the moneys in this account shall serve as the state match for the expenditure of violent
  3       offender incarceration and truth in sentencing incentive grants -- federal fund for a tran-
  4       sitional center.
5      
6		 Community corrections
    For the fiscal year ending June 30, 1999		 $2,509,250
  7       Provided, That, of the amount appropriated in the community corrections account of the
  8       state general fund, the amount of $500,000 shall be expended for substance abuse and
  9       mental health services: Provided further, That, of the amount appropriated in the com-
10       munity corrections account of the state general fund, the amount of $1,080,125 shall be
11       expended for community day reporting centers for offenders under the supervision of com-
12       munity corrections programs: And provided further, That community corrections organi-
13       zations shall make day reporting services and programs available to individuals serving terms
14       and conditions of probation, parole or post-release supervision from a state correctional
15       facility: And provided further, That, of the amount appropriated in the community correc-
16       tions account of the state general fund, the amount of $929,125 shall be expended for the
17       establishment of community intermediate sanctions centers to enhance residential alterna-
18       tive punishment options and expand prison bed space: And provided further, That com-
19       munity corrections organizations make services and programs available to individuals serving
20       terms and conditions of probation, parole or post-release supervision from a state correc-
21       tional facility.
22      
23		 Treatment and programs
    For the fiscal year ending June 30, 1999		 $500,000
24      
25		 Conservation camp for female offenders
    For the fiscal year ending June 30, 1999		 $455,750
26       Provided, That expenditures may be made from the conservation camp for female offenders
27       account to finance costs associated with either a state constructed or renovated and state
28       operated facility, a state constructed or renovated and privately operated facility or a pri-
29       vately constructed or renovated and privately operated facility: Provided further, That the
30       department of corrections shall contact local organizations representing neighborhoods in
31       the proximity of the location of the conservation camp for females: And provided further,
32       That no expenditures shall be made from the conservation camp for female offenders ac-
33       count of the state general fund except upon approval of the state finance council acting on
34       this matter which is hereby characterized as a matter of legislative delegation and subject
35       to the guidelines prescribed by subsection (c) of K.S.A. 75-3711c and amendments thereto
36       after the review of the report by the department of corrections regarding local neighborhood
37       impact by the joint committee on corrections and juvenile justice oversight.
38      
39		 Local jail payments
    For the fiscal year ending June 30, 1998		 $200,000
40       Any unencumbered balance in each of the following accounts in excess of $100 as of June
41       30, 1998, is hereby reappropriated for fiscal year 1999: Capacity expansion planning.
42           (b) (1) In addition to the other purposes for which expenditures may
43       be made by the above agency from the capacity expansion planning ac-

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  1       count of the state general fund for the fiscal year ending June 30, 1998,
  2       as authorized by section 45(a) of chapter 192 of the 1997 Session Laws
  3       of Kansas or by this or other appropriation act of the 1998 regular session
  4       of the legislature, expenditures may be made by the above agency for
  5       fiscal year 1998 from the capacity expansion planning account of the state
  6       general fund for the following capital improvement project or projects:
  7       Planning for new reception and diagnostic unit.
  8           (2) In addition to the other purposes for which expenditures may be
  9       made by the above agency from the capacity expansion planning account
10       of the state general fund for fiscal year 1999, as authorized by this or
11       other appropriation act of the 1998 regular session of the legislature,
12       expenditures may be made by the above agency for fiscal year 1999 from
13       the unencumbered balance as of June 30, 1998, in the capacity expansion
14       planning account of the state general fund for the following capital im-
15       provement project or projects: Planning for new reception and diagnostic
16       unit: Provided, That expenditures for such projects from the unencum-
17       bered balance in the capacity expansion planning account of the state
18       general fund shall not exceed the unencumbered balance in such account
19       as of June 30, 1998: Provided further, That the new reception and diag-
20       nostic unit shall be located at the site of the El Dorado correctional fa-
21       cility.
22           (c) In addition to the other purposes for which expenditures may be
23       made by the above agency from the treatment and programs account of
24       the state general fund for the fiscal year ending June 30, 1998, as au-
25       thorized by section 81(a) of chapter 123 of the 1997 Session Laws of
26       Kansas, expenditures may be made from the treatment and programs
27       account of the state general fund for fiscal year 1998 for the health care
28       contract costs incurred prior to June 30, 1997.
29           (d) On the effective date of this act, of the $1,591,844 appropriated
30       for the above agency for the fiscal year ending June 30, 1998, by section
31       81(a) of chapter 123 of the 1997 Session Laws of Kansas from the state
32       general fund in the community correctional conservation camps account,
33       the sum of $110,000 is hereby lapsed.
34           (e) On the effective date of this act, of the $13,412,525 appropriated
35       for the above agency for the fiscal year ending June 30, 1998, by section
36       81(a) of chapter 123 of the 1997 Session Laws of Kansas from the state
37       general fund in the community corrections account, the sum of $200,678
38       is hereby lapsed.
39           (f) (1) On July 1, 1998, of the $125,103,623 appropriated for the
40       above agency for the fiscal year ending June 30, 1999, by section 140(a)
41       of 1998 Senate Bill No. 495 in the facility operations account of the state
42       general fund, the sum of $40,720 is hereby lapsed.
43           (2) On July 1, 1998, the amount designated for the Topeka correc-

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  1       tional facility by section 140(c) of 1998 Senate Bill No. 495 for the fiscal
  2       year ending June 30, 1999, is hereby decreased from $12,884,190 to
  3       $12,843,470.
  4           (g) In addition to the other purposes for which expenditures may be
  5       made by the above agency from the violent offender incarceration and
  6       truth in sentencing incentive grants -- federal fund for the fiscal year
  7       ending June 30, 1999, as authorized by section 140(b) of 1998 Senate Bill
  8       No. 495, expenditures may be made from the violent offender incarcer-
  9       ation and truth in sentencing incentive grants -- federal fund for fiscal
10       year 1999 to fund the establishment and operation of transition centers
11       to enhance alternative punishment options and expand prison bed space:
12       Provided, That expenditures for such purposes from the violent offender
13       incarceration and truth in sentencing incentive grants -- federal fund for
14       fiscal year 1999 shall not exceed $1,605,000.
15           (h) In addition to the other purposes for which expenditures may be
16       made by the above agency from the violent offender incarceration and
17       truth in sentencing incentive grants -- federal fund for the fiscal year
18       ending June 30, 1999, as authorized by section 140(b) of 1998 Senate Bill
19       No. 495, expenditures may be made from the violent offender incarcer-
20       ation and truth in sentencing incentive grants -- federal fund for fiscal
21       year 1999 to fund the establishment or operation, or both, of community
22       intermediate sanctions centers as part of the community corrections grant
23       funding to enhance residential alternative punishment options and ex-
24       pand prison bed space: Provided, That, community corrections organi-
25       zations shall make services and programs available to individuals serving
26       terms and conditions of probation, parole or post-release supervision from
27       a state correctional facility: Provided further, That expenditures for such
28       purposes from the violent offender incarceration and truth in sentencing
29       incentive grants -- federal fund for fiscal year 1999 shall not exceed
30       $555,500.
31           (i) In addition to the other purposes for which expenditures may be
32       made by the above agency from the violent offender incarceration and
33       truth in sentencing incentive grants -- federal fund for the fiscal year
34       ending June 30, 1999, as authorized by section 140(b) of 1998 Senate Bill
35       No. 495, expenditures may be made from the violent offender incarcer-
36       ation and truth in sentencing incentive grants -- federal fund for fiscal
37       year 1999 to fund the establishment or operation, or both, of the correc-
38       tional conservation camp for female offenders: Provided, That expendi-
39       tures for such purposes from the violent offender incarceration and truth
40       in sentencing incentive grants -- federal fund for fiscal year 1999 shall
41       not exceed $281,250.
42           (j) On the effective date of this act, the expenditure limitation on
43       correctional industries fund established by section 81(b) of chapter 123

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  1       of the 1997 Session Laws of Kansas, is hereby increased from $9,665,133
  2       to No limit.
  3           (k) During the fiscal year ending June 30, 1998, and the fiscal year
  4       ending June 30, 1999, the above agency is hereby authorized to make
  5       expenditures to raze buildings number 125027 (Winfield bakery), number
  6       125028 (Winfield main kitchen), number 400009 (Lansing power plant-
  7       east unit), and number 400192 (Lansing fire station).
  8           (l) On July 1, 1998, the position limitation established by section
  9       140(e) of 1998 Senate Bill No. 495, for the above agency is hereby de-
10       creased from 3,033.5 to 3,031.5.
11           (m) During the fiscal year ending June 30, 1998, and the fiscal year
12       ending June 30, 1999, any unencumbered moneys in the correctional
13       industries fund may be expended for capital improvement projects for
14       the renovation or repair of existing buildings or facilities or for the con-
15       struction or acquisition of buildings or facilities for correctional industries
16       as provided in K.S.A. 75-5281 and 75-5288 and amendments thereto:
17       Provided, That such capital improvement projects shall not be subject to
18       the requirements to prepare and submit capital improvement budget es-
19       timates as provided in K.S.A. 75-3717b and amendments thereto: Pro-
20       vided further, That, prior to commencement of any such capital improve-
21       ment project, the director of Kansas correctional industries shall advise
22       and consult with the joint committee on state building construction con-
23       cerning such capital improvement projects.
24           (n) During the fiscal year ending June 30, 1999, notwithstanding the
25       provisions of K.S.A. 75-3738 to 75-3744, inclusive, article 12 of chapter
26       75 of the Kansas Statutes Annotated, article 58 of chapter 75 of the Kansas
27       Statutes Annotated, and amendments thereto, or of any other laws to the
28       contrary, the secretary of corrections may enter into agreements with a
29       private individual, firm, corporation or other lawful entity for the purpose
30       of accepting as a donation, lease or purchase, on behalf of the state any
31       building or renovation of a building to be used for the manufacture and
32       processing of goods, wares or merchandise, or for any other business or
33       commercial enterprise deemed by the secretary of corrections to be con-
34       sistent with the proper training and rehabilitation of inmates: Provided,
35       That such agreements may provide for the financing, design, construction
36       or renovation of such buildings on the grounds of correctional facilities:
37       Provided, however, That the secretary shall not obligate the expenditure
38       of state funds except as provided by K.S.A. 75-5281 and amendments
39       thereto: Provided further, That buildings constructed or renovated pur-
40       suant to this subsection shall become the property of the state as provided
41       by such agreements or after 20 years, whichever time period is shorter.

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  1           Sec. 7.
  2      
KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM
  3           (a) On the effective date of this act, the expenditure limitation for
  4       the above agency established by section 23(b) of 1998 Senate Bill No.
  5       495 on the investment related expenses account of the Kansas public
  6       employees retirement fund is hereby increased from $22,212,030 to
  7       $22,515,006.
  8           (b) On July 1, 1998, the expenditure limitation for the above agency
  9       established by section 99(b) of 1998 Senate Bill No. 495 on the agency
10       operations account of the Kansas public employees retirement fund is
11       hereby increased from $4,675,482 to $4,849,335.
12           (c) On July 1, 1998, the expenditure limitation for the above agency
13       established by section 99(b) of 1998 Senate Bill No. 495 on the investment
14       related expenses account of the Kansas public employees retirement fund
15       is hereby increased from $23,164,887 to $24,084,723.
16           (d) In addition to the other purposes for which expenditures may be
17       made by the above agency from the Kansas public employees retirement
18       fund for the fiscal year ending June 30, 1999, as authorized by section
19       99(b) of 1998 Senate Bill No. 495, expenditures may be made by the
20       above agency for fiscal year 1999 for the following specified purposes,
21       subject to the expenditure limitations prescribed therefor as follows:
22       Technology project $2,400,000
23       Provided, That, beginning on July 1, 1998, the above agency shall submit to the joint com-
24       mittee on computers and telecommunications quarterly reports on the progress of imple-
25       menting the technology project, including a report of any proposed contracts with vendors
26       prior to entering into any such contracts.
27           (e) There is appropriated for the above agency from the Kansas pub-
28       lic employees retirement fund for the fiscal year or years specified, the
29       following:
30      
31		 Technology project
    For the fiscal year ending June 30, 2000		 $600,000
32       Provided, That, beginning July 1, 1999, the above agency shall submit to the joint committee
33       on computers and telecommunications quarterly reports on the progress of the progress of
34       implementing the technology project, including a report of any proposed contracts with
35       vendors prior to entering into any such contracts.
36           (f) There is appropriated for the above agency from the state general
37       fund for the fiscal year or years specified, the following:
38      
39		 Partial funding -- 3% postretirement benefit increase
    For the fiscal year ending June 30, 1999		 $28,500,000
40       Provided, That all retired members of the Kansas school retirement system who had at least
41       25 years of credited service and who retired prior to July 1, 1971, shall be paid an additional
42       amount of $100 per month for the fiscal year beginning July 1, 1998: Provided further, That
43       all expenditures from the actuarial funding -- 3% postretirement benefit increase account

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  1       shall be used to finance the amount required to fund a portion of the actuarial liability of
  2       the state obligation for the one-time postretirement benefit increase for persons who retired
  3       prior to July 1, 1997, and for whom the state paid employer contributions (1) under the
  4       Kansas public employees retirement system for those persons who were eligible for assis-
  5       tance from the state board of regents in the purchase of annuities as provided in K.S.A. 74-
  6       4925, and amendments thereto, and (2) under the Kansas public employees retirement
  7       system for those persons who were employed by eligible employers described by K.S.A. 74-
  8       4931, and amendments thereto, and for whom employer contributions where paid as pro-
  9       vided by K.S.A. 74-4939, and amendments thereto.
10           (g) On and after July 1, 1998, the Kansas public employees retirement
11       system board of trustees and the joint committee on pensions, invest-
12       ments and benefits shall develop a joint proposal for the scope of a project
13       to examine the alternatives and costs of modifying the current defined
14       benefits plans administered by the board, and adding a defined contri-
15       bution plan for public employees that would supplement or replace the
16       present plans. The results of the 1998 interim work shall be presented to
17       the 1999 legislature, together with a cost estimate for conducting an ac-
18       tuarial study based on the proposed scope of the project.
19           Sec. 8.
20      
DEPARTMENT OF TRANSPORTATION
21           (a) On the effective date of this act, the expenditure limitation estab-
22       lished by section 60(b) of 1998 Senate Bill No. 495 on the agency oper-
23       ations account of the state highway fund is hereby decreased from
24       $194,307,525 to $193,969,974.
25           (b) On the effective date of this act, the expenditure limitation estab-
26       lished by section 105(b) of chapter 123 of the 1997 Session Laws of Kan-
27       sas on the construction, remodeling and special maintenance projects for
28       buildings account of the state highway fund is hereby increased from
29       $5,090,921 to $5,322,291.
30           (c) On July 1, 1998, the expenditure limitation established by section
31       159(b) of 1998 Senate Bill No. 495 on the agency operations account of
32       the state highway fund is hereby decreased from $207,692,071 to
33       $207,261,243.
34           (d) On July 1, 1998, the expenditure limitation established by section
35       159(b) of 1998 Senate Bill No. 495 on the construction, remodeling and
36       special maintenance projects for buildings account of the state highway
37       fund is hereby increased from $7,972,315 to $9,017,315.
38           (e) On July 1, 1998, the position limitation established by section
39       159(g) of 1998 Senate Bill No. 495 for the above agency is hereby de-
40       creased from 3,129.5 to 3,118.5.
41           (f) The provisions of K.S.A. 75-6801 and amendments thereto shall
42       not apply to the department of transportation during the fiscal year ending
43       June 30, 1999, and no reductions shall be made in the authorized positions

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11

  1       for fiscal year 1999 pursuant to K.S.A. 75-6801 and amendments thereto.
  2           Sec. 9.
  3      
DEPARTMENT OF HEALTH AND ENVIRONMENT
  4           (a) There is appropriated for the above agency from the state general
  5       fund for the fiscal year or years specified, the following:
6      
7		 Aid to local units
    For the fiscal year ending June 30, 1999		 $500,000
8      
9		 Reprinting the booklet ``If You Are Pregnant'
    For the fiscal year ending June 30, 1999		 $50,000
10      
11		 [State match -- EPA Wichita 57th and North Broadway nationalpriority list site
    [For the fiscal year ending June 30, 1999		 $150,000
12       [Provided, That all expenditures from the state match -- EPA Wichita 57th and
13       North Broadway national priority list site account shall be made only for the pur-
14       pose of matching an equal or greater amount of federal or EPA moneys: Provided,
15       however, That no expenditures shall be made from this account except upon ap-
16       proval of state finance council acting on this matter which is hereby characterized
17       as a matter of legislative delegation and subject to the guidelines prescribed in
18       subsection (c) of K.S.A. 75-3711c and amendments thereto, after receiving infor-
19       mation that the EPA or other federal agency has provided the required federal
20       fund.]
21           (b) On July 1, 1998, of the $14,408,029 appropriated for the above
22       agency for the fiscal year ending June 30, 1999, by section 117(a) of 1998
23       Senate Bill No. 495 from the state general fund in the salaries and wages
24       account, the sum of $7,239 is hereby lapsed.
25           (c) There is appropriated for the above agency from the following
26       special revenue fund or funds for the fiscal year or years specified, all
27       moneys now or hereafter lawfully credited to and available in such fund
28       or funds, except that expenditures other than refunds authorized by law
29       shall not exceed the following:
30      
31		 Food inspection fee fund
    For the fiscal year ending June 30, 1999		 $0
32       Provided, That expenditures may be made from the food inspection fee fund for operating
33       expenditures for the food inspection program and other activities for the regulation of food
34       service establishments, food vending machines, food vending machine companies and food
35       vending machine dealers under the food service and lodging act: Provided further, That,
36       notwithstanding the provisions of K.S.A. 36-512 and amendments thereto to the contrary,
37       all moneys received from fees charged and collected by the secretary of health and envi-
38       ronment under the food inspection program and other activities for the regulation of food
39       service establishments, food vending machines, food vending machine companies and food
40       vending machine dealers under the food service and lodging act shall be deposited in the
41       state treasury and credited to this food inspection fee fund.
42           (d) Notwithstanding the provisions of section 117(a) of 1998 Senate

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  1       Bill No. 495, expenditures shall be made by the department of health and
  2       environment during the fiscal year ending June 30, 1999, from the reap-
  3       propriated balance in the other operating expenditures (including official
  4       hospitality) account of the state general fund only upon approval of the
  5       state finance council.
  6           (e) (1) In addition to the other purposes for which expenditures may
  7       be made by the department of health and environment from a special
  8       revenue fund of the department of health and environment during the
  9       fiscal year ending June 30, 1999, as authorized by section 117(b) of 1998
10       Senate Bill No. 495, expenditures may be made by the department of
11       health and environment for fiscal year 1999 from an additional amount
12       of money received by the department of health and environment during
13       the fiscal year ending June 30, 1999, which was not included in the budget
14       for the fiscal year ending June 30, 1999, of the department of health and
15       environment as approved by the legislature during the 1998 regular ses-
16       sion, which has been received and deposited in the state treasury to the
17       credit of the special revenue fund of the department of health and en-
18       vironment, and which has been reported in writing to the legislative co-
19       ordinating council as to the additional amount of money received and
20       deposited in the special revenue fund: Provided, That all expenditures
21       from such additional amount credited to the special revenue fund shall
22       be in addition to any expenditure limitation imposed on the special rev-
23       enue fund for fiscal year 1999.
24           (2) As used in this subsection (e),
25           (A) ``additional amount of money'' means (i) any additional amount
26       of special revenue fund receipts for the fiscal year ending June 30, 1999,
27       which are in excess of the amount of those receipts anticipated and in-
28       cluded in the budget for the fiscal year ending June 30, 1999, of the
29       department of health and environment as approved by the legislature
30       during the 1998 regular session, (ii) any amount of moneys received under
31       a federal grant that is in addition to the amount anticipated to be received
32       by the department of health and environment and that is not included in
33       the budget for the fiscal year ending June 30, 1999, of the department of
34       health and environment as approved by the legislature during the 1998
35       regular session, and (iii) any moneys received or anticipated to be received
36       by the department of health and environment from nongovernmental
37       sources which were not included in the budget for the fiscal year ending
38       June 30, 1999, of the department of health and environment as approved
39       by the legislature during the 1998 regular session; and
40           (B) ``special revenue fund'' means the health care database fee fund,
41       laboratory medicaid cost recovery fund, driving under the influence
42       equipment fund, power generating facility fee fund, breast and cervical
43       cancer program and detection fund, health and environment training fee

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  1       fund, food service inspection reimbursement fund, mined-land conser-
  2       vation and reclamation fee fund, insurance statistical plan fund, solid
  3       waste management fund, public water supply fee fund, voluntary cleanup
  4       fund, storage tank fee fund, nuclear safety emergency preparedness spe-
  5       cial revenue fund, waste tire management fund, health and environment
  6       publication fee fund, district coroners fund, local air quality control au-
  7       thority regulation services fund, environmental response fund, remedia-
  8       tion projects fund, mined-land reclamation fund, sponsored project over-
  9       head fund, child care facilities licensure fund, federal cancer registry
10       fund, clinical laboratory improvement amendments -- federal fund, child
11       care and development block grant -- federal fund, federal migrant health
12       program fund, venereal disease control project fund -- federal, disease
13       prevention and health promotion federal grants fund, federal women,
14       infants and children health program fund, state legalization impact assis-
15       tance grant fund, water supply fund -- federal, EPA voluntary cleanup
16       federal fund, immunization grant funds -- federal fund, diagnostic X-ray
17       program -- federal fund, preventive health and health services block
18       grant fund, maternal and child health services block grant fund, federal
19       title X family planning fund, pregnancy nutrition surveillance -- federal
20       fund, early childhood developmental services -- federal fund, 104(6)(1)
21       outreach operator training program -- federal fund, underground storage
22       tank fund -- federal, AIDS project -- education and risk reduction --
23       federal fund, commodity supplemental food program fund, census of
24       traumatic occupational fatalities -- federal fund, AIDS drug reimburse-
25       ment program -- federal fund, state indoor radon grant -- federal fund,
26       pollution prevention program -- federal fund, federal NICE3 public util-
27       ity grant fund, gifts, grants and donations fund, public water supply loan
28       fund, Kansas water pollution control revolving fund, cost of issuance fund
29       for Kansas water pollution control revolving fund revenue bonds, bicycle
30       helmet revolving fund, SSA fee fund, lead poisoning prevention -- federal
31       fund, or wetlands protection -- federal fund.
32           (f) On July 1, 1998, the expenditure limitation established by section
33       117(b) of 1998 Senate Bill No. 495 on the driving under the influence
34       equipment fund is hereby increased from $99,104 to No limit.
35           (g) On July 1, 1998, the expenditure limitation established by section
36       117(b) of 1998 Senate Bill No. 495 on the breast and cervical cancer
37       program and detection fund is hereby increased from $1,558,092 to No
38       limit.
39           (h) On July 1, 1998, the expenditure limitation established by section
40       117(b) of 1998 Senate Bill No. 495 on the health and environment train-
41       ing fee fund is hereby increased from $183,785 to No limit.
42           (i) On July 1, 1998, the expenditure limitation established by section
43       117(b) of 1998 Senate Bill No. 495 on the food service inspection reim-

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  1       bursement fund is hereby increased from $510,000 to No limit.
  2           (j) On July 1, 1998, the expenditure limitation established by section
  3       117(b) of 1998 Senate Bill No. 495 on the health and environment pub-
  4       lication fee fund is hereby increased from $32,900 to No limit.
  5           (k) On July 1, 1998, the expenditure limitation established by section
  6       117(b) of 1998 Senate Bill No. 495 on the district coroners fund is hereby
  7       increased from $227,000 to No limit.
  8           (l) On July 1, 1998, the expenditure limitation established by section
  9       117(b) of 1998 Senate Bill No. 495 on the adult care licensing revolving
10       fund is hereby increased from $0 to No limit.
11           (m) On July 1, 1998, the expenditure limitation established by section
12       117(b) of 1998 Senate Bill No. 495 on the venereal disease control project
13       fund -- federal is hereby increased from $645,204 to No limit.
14           (n) On July 1, 1998, the expenditure limitation established by section
15       117(b) of 1998 Senate Bill No. 495 on the immunization grant funds --
16       federal fund is hereby increased from $4,019,870 to No limit.
17           (o) On July 1, 1998, the expenditure limitation established by section
18       117(b) of 1998 Senate Bill No. 495 on the AIDS drug reimbursement
19       program -- federal fund is hereby increased from $927,000 to No limit.
20           (p) On July 1, 1998, the expenditure limitation established by section
21       117(b) of 1998 Senate Bill No. 495 on the public water supply loan fund
22       is hereby increased from $1,042,107 to No limit.
23           (q) On July 1, 1998, the expenditure limitation established by section
24       117(b) of 1998 Senate Bill No. 495 on the Kansas water pollution control
25       revolving fund is hereby increased from $393,264 to No limit.
26           (r) On July 1, 1998, the expenditure limitation established by section
27       117(b) of 1998 Senate Bill No. 495 on the cost of issuance fund for Kansas
28       water pollution control revolving fund revenue bonds is hereby increased
29       from $141,253 to No limit.
30           (s) On July 1, 1998, the position limitation established by section 119
31       of 1998 Senate Bill No. 495 for the above agency is hereby decreased
32       from 834.6 to 832.6.
33           (t) In addition to the other purposes for which expenditures may be
34       made by the above agency from the child care facilities licensure fund
35       for the fiscal year ending June 30, 1998, as authorized by section 52(k)
36       of 1998 Senate Bill No. 495, expenditures may be made by the above
37       agency from the child care facilities licensure fund for fiscal year 1998
38       for technology, user support and performance bonuses to counties and
39       for aid to counties to have area office personnel assist the above agency
40       in state child care facility licensure operations.
41           (u) In addition to the other purposes for which expenditures may be
42       made by the above agency from the child care facilities licensure fund
43       for the fiscal year ending June 30, 1999, as authorized by section 117(b)

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  1       of 1998 Senate Bill No. 495, expenditures may be made by the above
  2       agency from the child care facilities licensure fund for fiscal year 1999
  3       for technology, user support and performance bonuses to counties and
  4       for aid to counties to have area office personnel assist the above agency
  5       in state child care facility licensure operations.
  6           (v) In addition to the other purposes for which expenditures may be
  7       made by the above agency from the other operating expenditures account
  8       of the state general fund for the fiscal year ending June 30, 1999, as
  9       authorized by section 117(a) of 1998 Senate Bill No. 495, expenditures
10       may be made by the above agency from the other operating expenditures
11       account of the state general fund for fiscal year 1999 to provide for the
12       expenses of cooperative activities conducted for the purposes of the sec-
13       retary of health and environment cooperating with the secretary of agri-
14       culture with respect to food and restaurant inspections, which coopera-
15       tion is hereby authorized and directed to be undertaken and effectuated
16       by the secretary of health and environment and the secretary of agricul-
17       ture for the purpose of providing better service and greater efficiency in
18       food and restaurant inspections.
19           (w) In addition to the other purposes for which expenditures may be
20       made by the above agency from the salaries and wages for swine produc-
21       tion facility inspectors account of the state general fund for the fiscal year
22       ending June 30, 1999, as authorized by section 117(a) of 1998 Senate Bill
23       No. 495, expenditures may be made by the above agency for fiscal year
24       1999 from the salaries and wages for swine production facility inspectors
25       account of the state general fund for fiscal year 1999, for salaries and
26       wages for swine production facility inspectors and for salaries and wages
27       or other operating expenditures for other persons conducting swine pro-
28       duction facility inspections during fiscal year 1999.
29           (x) In addition to the other purposes for which expenditures may be
30       made by the above agency from the AIDS drug reimbursement program
31       -- federal fund for the fiscal year ending June 30, 1999, as authorized by
32       section 117(b) of 1998 Senate Bill No. 495, expenditures may be made
33       by the above agency for fiscal year 1999 from the AIDS drug reimburse-
34       ment program -- federal fund for fiscal year 1999, for development and
35       implementation of cost containment measures by the secretary of health
36       and environment for the purposes of limiting or controlling increases in
37       the costs of the AIDS drug reimbursement program during fiscal year
38       1999, subject to the condition that each individual who is currently on
39       AIDS drug assistance shall continue to receive AIDS drug assistance and
40       shall not be denied such AIDS drug assistance.
41           (y) On July 1, 1998, of the $580,700 appropriated for the above
42       agency for the fiscal year ending June 30, 1999, by section 117(a) of 1998
43       Senate Bill No. 495 from the state general fund in the salaries and wages

SB 643--Am. by H on FA

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  1       for swine production facility inspectors account, the sum of $22,000 is
  2       hereby lapsed.
  3           (z) On July 1, 1998, the position limitation established by section 119
  4       of 1998 Senate Bill No. 495 for the above agency is hereby decreased
  5       from 834.6 to 832.6.
  6           Sec. 10.
  7      
DEPARTMENT OF COMMERCE AND HOUSING
  8           (a) On July 1, 1998, the expenditure limitation established by section
  9       110(d) of 1998 Senate Bill No. 495 on the training equipment grant su-
10       baccount of the Kansas economic development endowment account of
11       the state economic development initiatives fund is hereby increased from
12       $250,000 to $300,000.
13           (b) On July 1, 1998, the expenditure limitation established by section
14       110(c) of 1998 Senate Bill No. 495 on the Kansas economic development
15       endowment account of the state economic development initiatives fund
16       is hereby increased from $14,761,729 to $15,511,729.
17           (c) In addition to the other purposes for which expenditures may be
18       made by the above agency from the Kansas economic development en-
19       dowment account of the state economic development initiatives fund for
20       the fiscal year ending June 30, 1999, as authorized by section 117(d) of
21       1998 Senate Bill No. 495, expenditures may be made by the above agency
22       from the Kansas economic development endowment account of the state
23       economic development initiatives fund during fiscal year 1999 for the
24       following specified purposes, subject to the expenditure limitations pre-
25       scribed therefor as follows:
26       Kansas rural development council $50,000
27       Kansas sports hall of fame $500,000
28       Provided, That all expenditures from the Kansas sports hall of fame subaccount of the Kansas
29       economic development endowment account shall be made only for the purpose of matching
30       an equal or greater amount of federal or other nonstate governmental grant moneys or
31       private grant or donation moneys, or any combination thereof, received by the state of
32       Kansas sports hall of fame for capital improvements: Provided further, That no expenditures
33       shall be made from this subaccount except upon approval of the state finance council acting
34       on this matter which is hereby characterized as a matter of legislative delegation and subject
35       to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto,
36       after receiving information from the state of Kansas sports hall of fame board of trustees
37       that demonstrates that the state of Kansas sports hall of fame has received the required
38       matching funds.
39       [Kansas sports hall of fame operating expenditures $100,000]
40       Motion picture and television sales tax reimbursement $200,000
41       Provided, That all expenditures from the motion picture and television production sales tax
42       reimbursements subaccount of the Kansas economic development endowment account shall
43       be made to reimburse sales and use taxes paid on sales of tangible personal property pur-

SB 643--Am. by H on FA

17

  1       chases by or on behalf of a motion picture or television production company to be used or
  2       consumed in association with an eligible production in accordance with administrative pol-
  3       icies and procedures adopted by the secretary of commerce and housing, including any
  4       necessary forms: Provided, however, That all reimbursements from this subaccount shall be
  5       based on valid receipts for taxes paid for taxable transactions occurring on or after July 1,
  6       1998: Provided further, That, as used in this proviso, eligible production includes feature-
  7       length motion pictures intended for theatrical release or for exhibition on national television
  8       by a network or through national syndication, television projects for broadcast on a network
  9       or through national syndication, direct video and compact disc projects and television com-
10       mercials.
11           Sec. 11.
12      
OFFICE OF THE SECURITIES COMMISSIONER OF KANSAS
13           (a) On July 1, 1998, the expenditure limitation established for the
14       fiscal year ending June 30, 1999, by section 80(a) of 1998 Senate Bill No.
15       495 on the securities act fee fund is hereby increased from $1,798,564 to
16       $1,824,334.
17           Sec. 12.
18      
KANSAS STATE BOARD OF COSMETOLOGY
19           (a) On July 1, 1998, the expenditure limitation established for the
20       fiscal year ending June 30, 1999, by section 69(a) of 1998 Senate Bill No.
21       495 on the cosmetology fee fund is hereby increased from $498,100 to
22       $715,596.
23           (b) On the effective date of this act, the expenditure limitation estab-
24       lished for the fiscal year ending June 30, 1998, by section 8(a) of chapter
25       123 of the 1997 Session Laws of Kansas on the cosmetology fee fund is
26       hereby increased from $475,016 to $504,866.
27           (c) On the effective date of this act, the position limitation established
28       for the fiscal year ending June 30, 1998, by section 22 of chapter 123 of
29       the 1997 Session Laws of Kansas for the Kansas state board of cosme-
30       tology is hereby increased from 10.0 to 11.0.
31           (d) On July 1, 1998, the position limitation established for the fiscal
32       year ending June 30, 1999, by section 22 of chapter 123 of the 1997
33       Session Laws of Kansas for the Kansas state board of cosmetology is
34       hereby increased from 10.0 to 12.0.
35           (e) In addition to other purposes for which expenditures may be
36       made by the above agency from the cosmetology fee fund for the fiscal
37       year ending June 30, 1999, as authorized by section 8(a) of chapter 123
38       of the 1997 Session Laws of Kansas, by section 69(a) of 1998 Senate Bill
39       No. 495 or by this or other appropriation act of the 1998 regular session
40       of the legislature, expenditures may be made by the above agency from
41       the cosmetology fee fund for fiscal year 1999 for a new computer system,
42       including computer software, to replace the existing computer hardware
43       and software: Provided, That no expenditures shall be made from the

SB 643--Am. by H on FA

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  1       cosmetology fee fund for fiscal year 1999 for a new computer system,
  2       including computer software, to replace the existing computer hardware
  3       and software except upon approval of the state finance council acting on
  4       this matter which is hereby characterized as a matter of legislative dele-
  5       gation and subject to the guidelines prescribed by subsection (c) of K.S.A.
  6       75-3711c and amendments thereto and acting on this matter after re-
  7       ceiving a recommendation thereon from the joint committee on com-
  8       puters and telecommunications: Provided further, That, prior to the ap-
  9       proval by the state finance council of any such expenditure for such
10       purpose from the cosmetology fee fund, the proposed plan and proposed
11       expenditures for the new computer system, including computer software,
12       to replace the existing computer hardware and software shall be reviewed
13       by the joint committee on computers and telecommunications and the
14       joint committee on computers and telecommunications shall make a rec-
15       ommendation thereon to the state finance council.
16           Sec. 13.
17      
KANSAS GUARDIANSHIP PROGRAM
18           (a) There is appropriated for the above agency from the state general
19       fund for the fiscal year or years specified, the following:
20      
21		 Kansas guardianship program
    For the fiscal year ending June 30, 1999		 $26,482
22           (b) On July 1, 1998, the position limitation established for the fiscal
23       year ending June 30, 1999, by section 121(a) of 1998 Senate Bill No. 495
24       on the Kansas guardianship program is hereby increased from 12.0 to
25       13.0.
26           Sec. 14.
27      
KANSAS BOARD OF BARBERING
28           (a) On the effective date of this act, the expenditure limitation estab-
29       lished for the fiscal year ending June 30, 1998, by section 5(a) of chapter
30       123 of the 1997 Session Laws of Kansas on the barber examiner fee fund
31       is hereby increased from $103,212 to $107,862.
32           Sec. 15.
33      
STATE FAIR BOARD
34           (a) There is appropriated for the above agency from the state general
35       fund for the fiscal year or years specified, the following:
36      
37		 Operating expenditures
    For the fiscal year ending June 30, 1999		 $750,000
38       Provided, That the state fair board shall adopt a regulation compliance plan: Provided fur-
39       ther, That the state fair board shall report the regulation compliance plan to the legislature
40       by January 1, 1999.
41           Sec. 16.
42      
KANSAS DEPARTMENT OF AGRICULTURE
43           (a) There is appropriated for the above agency from the state general

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19

  1       fund for the fiscal year or years specified, the following:
2      
3		 Operating expenditures
    For the fiscal year ending June 30, 1999		 $647,000
  4           (b) On July 1, 1998, the expenditure limitation established by section
  5       151(b) of 1998 Senate Bill No. 495 on the dairy division fee fund is hereby
  6       increased from $110,142 to $115,142.
  7           (c) On July 1, 1998, the expenditure limitation established by section
  8       151(b) of 1998 Senate Bill No. 495 on the warehouse fee fund is hereby
  9       increased from $591,962 to $601,962.
10           (d) On July 1, 1998, the expenditure limitation established by section
11       151(b) of 1998 Senate Bill No. 495 on the agricultural chemical fee fund
12       is hereby increased from $249,246 to $263,246.
13           (e) On July 1, 1998, the expenditure limitation established by section
14       151(b) of 1998 Senate Bill No. 495 on the feeding stuffs fee fund is hereby
15       increased from $512,813 to $536,813.
16           (f) On July 1, 1998, the expenditure limitation established by section
17       151(b) of 1998 Senate Bill No. 495 on the fertilizer fee fund is hereby
18       increased from $349,422 to $373,422.
19           (g) On July 1, 1998, the expenditure limitation established by section
20       151(b) of 1998 Senate Bill No. 495 on the pesticide use fee fund is hereby
21       increased from $444,021 to $469,021.
22           (h) On July 1, 1998, the expenditure limitation established by section
23       151(b) of 1998 Senate Bill No. 495 on the grade A milk fee fund is hereby
24       increased from $197,858 to $202,858.
25           (i) On the effective date of this act, the expenditure limitation estab-
26       lished by section 96(b) of chapter 123 of the 1997 Session Laws of Kansas
27       on the feeding stuffs fee fund is hereby decreased from $497,070 to
28       $496,036.
29           (j) On the effective date of this act, the expenditure limitation estab-
30       lished by section 96(b) of chapter 123 of the 1997 Session Laws of Kansas
31       on the fertilizer fee fund is hereby decreased from $476,282 to $475,765.
32           (k) On the effective date of this act, the expenditure limitation estab-
33       lished by section 96(b) of chapter 123 of the 1997 Session Laws of Kansas
34       on the pesticide use fee fund is hereby decreased from $477,539 to
35       $475,472.
36           Sec. 17.
37      
KANSAS WATER OFFICE
38           (a) There is appropriated for the above agency from the state general
39       fund for the fiscal year or years specified, the following:
40      
41		 Water resources operating expenditures
    For the fiscal year ending June 30, 1999		 $214,026
42           (b) On July 1, 1998, the expenditure limitation established by section
43       156(b) of 1998 Senate Bill No. 495 on the state water plan fund is hereby

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  1       decreased from $2,877,117 to $2,823,091.
  2           (c) During the fiscal year ending June 30, 1999, notwithstanding the
  3       provisions of the provisos to the appropriation of all moneys now or here-
  4       after lawfully credited to and available in the state water plan fund for
  5       fiscal year 1999, no expenditures shall be made by the above agency from
  6       the state water plan fund for the salary and other compensation for the
  7       GIS resource manager for fiscal year 1999.
  8           (d) On July 1, 1998, the position limitation established by section 158
  9       of 1998 Senate Bill No. 495 for the Kansas water office is hereby increased
10       from 21.5 to 22.5.
11           Sec. 18.
12      
STATE CONSERVATION COMMISSION
13           (a) There is appropriated for the above agency from the state general
14       fund for the fiscal year or years specified, the following:
15      
16		 Operating expenditures
    For the fiscal year ending June 30, 1999		 $72,680
17      
18		 Aid to local units
    For the fiscal year ending June 30, 1999		 $20,992
19       Provided, That expenditures shall be made from the aid to local units account to reimburse
20       and pay to the Wet Walnut Creek Watershed Joint District No. 58 the amount of $20,992.
21      
22		 Kansas water quality buffer initiatives
    For the fiscal year ending June 30, 1999		 $80,000
23       Provided, That all expenditures from the Kansas water quality buffer initiative account shall
24       be for grants or incentives to install water quality best management practices in the Kansas
25       -- Lower Republican River basin under the governor's water quality initiative: Provided
26       further, That such expenditures may be made from this account from the approved budget
27       amount for fiscal year 1999 in accordance with contracts, which are hereby authorized to
28       be entered into by the executive director of the state conservation commission on behalf of
29       the commission, for such grants or incentives: And provided further, That such contracts
30       may provide for such expenditures from the approved budget amount for fiscal year 1999
31       to be made pursuant to encumbrances for expenditures after June 30, 1999: Provided,
32       however, That expenditures from this account for contractual educational and technical
33       assistance for fiscal year 1999 shall not exceed the amount equal to $30,000.
34           (b) On July 1, 1998, the expenditure limitation established by section
35       155(b) of 1998 Senate Bill No. 495 on the water plan special revenue
36       fund is hereby increased from $9,633,250 to $9,767,781.
37           (c) On July 1, 1998, the expenditure limitation established by section
38       155(c) of 1998 Senate Bill No. 495 on the land treatment cost-share pro-
39       grams account of the water plan special revenue fund is hereby increased
40       from $4,450,000 to $4,584,531.
41           Sec. 19.
42      
JUVENILE JUSTICE AUTHORITY
43           (a) There is appropriated for the above agency from the state general

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  1       fund for the fiscal year or years specified, the following:
2      
3		 Operating expenditures
    For the fiscal year ending June 30, 1999		 $3,160,500
4      
5		 Management information systems
    For the fiscal year ending June 30, 1999		 $2,459,393
  6       Provided, That no expenditures shall be made from the management information systems
  7       account for fiscal year 1999 for any work on such computer project during fiscal year 1999,
  8       including, but not limited to, the purchase of any hardware or software, system design or
  9       system implementation, except upon approval of the state finance council acting on this
10       matter which is hereby characterized as a matter of legislative delegation and subject to the
11       guidelines prescribed by subsection (c) of K.S.A. 75-3711c and amendments thereto: Pro-
12       vided further, That prior to the approval by the state finance council of any such expendi-
13       tures from the management information systems account, the proposed expenditures shall
14       be reviewed by the joint committee on computers and telecommunications.
15           (b) On July 1, 1998, of the $2,500,000 appropriated for the above
16       agency for the fiscal year ending June 30, 1999, by section 146(a) of 1998
17       Senate Bill No. 495 from the state general fund in the community initia-
18       tives account, the sum of $1,875,000 is hereby lapsed.
19           (c) On July 1, 1998, or as soon thereafter as moneys are available, the
20       director of accounts and reports shall transfer $2,200,000 from the state
21       general fund to the Kansas endowment for youth trust fund of the juvenile
22       justice authority.
23           (d) In addition to the other purposes for which expenditures may be
24       made by the above agency from the Kansas endowment for youth trust
25       fund for the fiscal year ending June 30, 1999, as authorized by section
26       146(b) of 1998 Senate Bill No. 495, expenditures may be made from the
27       Kansas endowment for youth trust fund for fiscal year 1999 for the pur-
28       pose of funding grants for prevention and early intervention programs,
29       including a Kansas mentoring initiative program.
30           (e) On July 1, 1998, the position limitation established by section 150
31       of 1998 Senate Bill No. 495 for the juvenile justice authority is hereby
32       increased from 590.0 to 593.0.
33           Sec. 20.
34      
KANSAS DENTAL BOARD
35           (a) On the effective date of this act, the expenditure limitation estab-
36       lished for the fiscal year ending June 30, 1998, by section 24(a) of 1998
37       Senate Bill No. 495 on the dental board fee fund is hereby increased from
38       $225,848 to $255,848.
39           Sec. 21.
40      
STATE BOARD OF HEALING ARTS
41           (a) On July 1, 1998, the expenditure limitation established for the
42       fiscal year ending June 30, 1999, by section 68(a) of 1998 Senate Bill No.

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  1       495 on the healing arts fee fund is hereby increased from $1,679,884 to
  2       $1,682,384.
  3           Sec. 22.
  4      
KANSAS COMMISSION ON GOVERNMENTAL STANDARDS AND CONDUCT
  5           (a) There is appropriated for the above agency from the state general
  6       fund for the fiscal year or years specified, the following:
7      
8		 Operating expenditures
    For the fiscal year ending June 30, 1998		 $5,660
  9           Sec. 23.
10      
DEPARTMENT OF REVENUE -- HOMESTEAD PROPERTY TAX REFUNDS
11           (a) There is appropriated for the above agency from the state general
12       fund for the fiscal year or years specified, the following:
13      
14		 Homestead tax refunds
    For the fiscal year ending June 30, 1998		 $1,800,000
15       Provided, That any unencumbered balance in the homestead tax refunds account in excess
16       of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999.
17           Sec. 24.
18      
KANSAS COMMISSION ON VETERANS AFFAIRS
19           (a) There is appropriated for the above agency from the state general
20       fund for the fiscal year or years specified, the following:
21      
22		 Operating expenditures -- Kansas veterans home
    For the fiscal year ending June 30, 1999		 $530,512
23       Provided, That any unencumbered balance in the operating expenditures -- Kansas veterans
24       home account in exceed of $100 as of June 30, 1998, is hereby reappropriated for fiscal year
25       1999.
26      
27		 Sewer upgrade on state campus at Winfield
    For the fiscal year ending June 30, 1998		 $10,800,000
28       Provided, That any unencumbered balance in the sewer upgrade on state campus at Winfield
29       account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999:
30       Provided further, That total expenditures for the sewer upgrade shall not exceed $1,600,000.
31      
32		 [Women in military service for America memorial donation
    [For the fiscal year ending June 30, 1998		 $10,000
33       [``Provided, That the above agency shall administer and provide for the disposition
34       of this donation for the women in military service for America memorial, located in
35       Arlington, Virginia, on behalf of the state of Kansas: Provided further, That any unen-
36       cumbered balance in the women in military service for America memorial donation
37       account in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal
38       year 1999.]
39           (b) On the effective date of this act, of the $1,543,362 appropriated
40       for the above agency for the fiscal year ending June 30, 1999, by section
41       116(a) of 1998 Senate Bill No. 495 from the state general fund in the
42       operating expenditures -- veterans affairs account, the sum of $25,170 is
43       hereby lapsed.

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  1           (c) There is appropriated for the above agency from the following
  2       special revenue fund or funds for the fiscal year or years specified all
  3       moneys now or hereafter lawfully credited to and available in such fund
  4       or funds, except that expenditures other than refunds authorized by law
  5       shall not exceed the following:
6      
7		 Veterans home federal construction grant fund
    For the fiscal year ending June 30, 1999		 $10,641,400
  8       Provided, That all moneys received by the above agency as federal grants for the purposes
  9       of construction and remodeling at the Kansas veterans home, which grants are hereby au-
10       thorized to be applied for and received by the above agency, shall be deposited in the state
11       treasury to the credit of the veterans home federal construction grant fund.
12           (d) Notwithstanding the provisions of this or any other appropriation
13       act of the 1997 or 1998 regular session of the legislature, expenditures
14       for the Wichita annex to the Kansas veterans' home from moneys appro-
15       priated from the state general fund or from any special revenue fund for
16       the Kansas commission on veterans affairs for fiscal year 1998 or fiscal
17       year 1999 and designated for construction of the Kansas veterans' home
18       shall not exceed $12,000 except upon approval of the state finance council
19       acting on this matter which is hereby characterized as a matter of legis-
20       lative delegation and subject to the guidelines prescribed by subsection
21       (c) of K.S.A. 75-3711c and amendments thereto.
22           (e) On July 1, 1998, the position limitation established by section 119
23       of 1998 Senate Bill No. 495 for the Kansas commission on veterans affairs
24       is hereby increased from 186.8 to 227.8.
25           Sec. 25.
26      
DEPARTMENT OF HUMAN RESOURCES
27           (a) There is appropriated for the above agency from the state general
28       fund for the fiscal year or years specified, the following:
29      
30		 Operating expenditures
    For the fiscal year ending June 30, 1999		 $50,000
31           (b) On July 1, 1998, the expenditure limitation established by section
32       115(b) of 1998 Senate Bill No. 495 on the workmen's compensation fee
33       fund is hereby increased from $7,713,852 to $7,762,202.
34           Sec. 26.
35      
KANSAS SENTENCING COMMISSION
36           (a) There is appropriated for the above agency from the state general
37       fund for the fiscal year or years specified, the following:
38      
39		 Operating expenditures
    For the fiscal year ending June 30, 1999		 $298,933
40           Sec. 27.
41      
KANSAS HIGHWAY PATROL
42           (a) There is appropriated for the above agency from the state general
43       fund for the fiscal year or years specified, the following:

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1      
2		 Operating expenditures
    For the fiscal year ending June 30, 1998		 $12,338
3           For the fiscal year ending June 30, 1999 $1,092,074 [$2,563,244]
  4       [Provided, That expenditures shall be made from the operating expenditures ac-
  5       count for fiscal year 1999 for an additional amount of biweekly compensation for
  6       each officer or employee of the Kansas highway patrol who is actively engaged in
  7       law enforcement and accident investigation on state highways and who is not reg-
  8       ularly and primarily assigned to administrative duties: Provided further, That such
  9       additional amount of compensation in an amount for each officer or employee equal
10       to $100 per biweekly pay period and shall be known as hazardous duty pay: And
11       provided further, That expenditures from this account for hazardous duty pay for
12       each such officer or employee of the Kansas highway patrol shall be made in the
13       same manner and at the same times that biweekly compensation is payable to such
14       officer or employee of the Kansas highway patrol for the biweekly pay periods
15       which are chargeable to fiscal year 1999.]
16           (b) On the effective date of this act, the expenditure limitation estab-
17       lished by section 85(b) of chapter 123 of the 1997 Session Laws of Kansas
18       on the capitol area security fund is hereby increased from $1,084,834 to
19       No limit.
20           (c) On July 1, 1998, the expenditure limitation established by section
21       144(b) of 1998 Senate Bill No. 495 on the vehicle identification number
22       fee fund is hereby increased from $1,614,517 to No limit.
23           (d) On the effective date of this act, the director of accounts and
24       reports shall transfer $111,804 from the state highway fund of the de-
25       partment of transportation to the motor carrier safety assistance program
26       fund of the Kansas highway patrol.
27           (e) On July 1, 1998, the director of accounts and reports shall transfer
28       $1,179,156 from the state highway fund of the department of transpor-
29       tation to the motor carrier safety assistance program fund of the Kansas
30       highway patrol.
31           (f) On July 1, 1998, the position limitation established by section 150
32       of 1998 Senate Bill No. 495 for the Kansas highway patrol is hereby
33       increased from 780.8 to 788.8.
34           (g) During the fiscal year ending June 30, 1999, any full-time and
35       regular part-time positions of the Kansas highway patrol that are for cap-
36       itol area police officers that are assigned to security for state-owned prop-
37       erties located in Shawnee county under contracts with other state agen-
38       cies shall be in addition to any limitation on the number of full-time and
39       regular part-time positions equated to full-time, excluding seasonal and
40       temporary positions, paid from appropriations for the Kansas highway
41       patrol for fiscal year 1999, made in this or other appropriation act of the
42       1998 regular session of the legislature: Provided, That the Kansas highway
43       patrol shall prepare and submit a report on all such positions assigned to

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25

  1       provide security under such contracts to the legislative budget committee
  2       prior to the 1999 regular session of the legislature.
  3           Sec. 28.
  4      
ADJUTANT GENERAL
  5           (a) There is appropriated for the above agency from the state general
  6       fund for the fiscal year or years specified, the following:
7      
8		 Operating expenditures
    For the fiscal year ending June 30, 1998		 $8,100
9           For the fiscal year ending June 30, 1999 $100,000
10       Provided, That the above agency shall prepare and submit a report to the Kansas youth
11       authority regarding the operation of the STARBASE program prior to January 1, 1999.
12           (b) There is appropriated for the above agency from the following
13       special revenue fund or funds for the fiscal year or years specified, all
14       moneys now or hereafter lawfully credited to and available in such fund
15       or funds, except that expenditures other than refunds authorized by law
16       shall not exceed the following:
17      
18		 EDIF -- motorized personnel carrier fund
    For the fiscal year ending June 30, 1999		 $70,000
19           (c) On July 15, 1998, or as soon thereafter as moneys are available,
20       the director of accounts and reports shall transfer $70,000 from the Kan-
21       sas economic development endowment account of the state economic
22       development initiatives fund of the department of commerce and housing
23       to the EDIF -- motorized personnel carrier fund of the adjutant general.
24           (d) On July 1, 1998, the position limitation established by section 150
25       of 1998 Senate Bill No. 495 for the adjutant general is hereby decreased
26       from 226.0 to 225.0.
27           Sec. 29.
28      
STATE FIRE MARSHAL
29           (a) On the effective date of this act, the expenditure limitation estab-
30       lished by section 43(a) of 1998 Senate Bill No. 495 on the fire marshal
31       fee fund is hereby increased from $2,236,734 to $2,257,241.
32           Sec. 30.
33      
DEPARTMENT OF WILDLIFE AND PARKS
34           (a) There is appropriated for the above agency from the state general
35       fund for the fiscal year or years specified, the following:
36      
37		 Local government outdoor recreation grants
    For the fiscal year ending June 30, 1999		 $2,000,000
38           (b) On June 30, 1998, the director of accounts and reports shall trans-
39       fer the amount which is equal to the amount of the unused expenditure
40       authority of the migratory waterfowl propagation and protection fund for
41       fiscal year 1998 from the unencumbered balance in the migratory water-
42       fowl propagation and protection fund, which is not credited to any sep-
43       arate account of the migratory waterfowl propagation and protection

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26

  1       fund, to the wetlands acquisition account of the migratory waterfowl
  2       propagation and protection fund, which is hereby created. As used in this
  3       subsection, ``unused expenditure authority of the migratory waterfowl
  4       propagation and protection fund for fiscal year 1998'' means the amount
  5       equal to the moneys that (1) were authorized to be expended from the
  6       migratory waterfowl propagation and protection fund during the fiscal
  7       year ending June 30, 1998, (2) were not credited to any separate account
  8       of the migratory waterfowl propagation and protection fund, (3) were
  9       subject to the expenditure limitation imposed on the migratory waterfowl
10       propagation and protection fund for fiscal year 1998, and (4) were not
11       expended from the migratory waterfowl propagation and protection fund
12       for fiscal year 1998.
13           [(c) In addition to the other purposes for which expenditures
14       may be made by the Kansas department of wildlife and parks from
15       any moneys appropriated from the state general fund or from any
16       special revenue fund for the fiscal year ending June 30, 1999, as
17       authorized by this or other appropriation act of the 1998 regular
18       session of the legislature, the Kansas department of wildlife and
19       parks may make expenditures for fiscal year 1999 for the purposes
20       of and is hereby authorized, on behalf of the state of Kansas, to
21       provide to the U.S. Bureau of reclamation a letter of agreement
22       committing the state of Kansas to provide moneys equal to a max-
23       imum of 15% of the total cost, from the funding source identified
24       in the following proviso, to repair and restore the structural integ-
25       rity of the dam at the Cedar Bluff reservoir and the portion of state
26       highway K-147 located on the dam and providing that the state of
27       Kansas will provide the required funding within 12 months of in-
28       itiation of repairs at the Cedar Bluff reservoir dam: Provided, That,
29       with respect to this repair project, the Kansas department of trans-
30       portation is hereby authorized to provide funding for such repair
31       project and to enter into appropriate contracts to repair and re-
32       store the integrity of the Cedar Bluff reservoir dam and state high-
33       way K-147: Provided, however, That the amount of funding for these
34       purposes shall be determined by an appropriation act enacted by
35       the legislature during the 1999 regular session.]
36           Sec. 31.
37      
STATE BOARD OF REGENTS
38           (a) In addition to the other purposes for which expenditures may be
39       made by the above agency from the vocational scholarships account of
40       the state general fund for the fiscal year ending June 30, 1999, as au-
41       thorized by section 139(a) of 1998 Senate Bill No. 495, expenditures may
42       be made by the above agency from the vocational scholarships account
43       of the state general fund for fiscal year 1999 for the award of vocational

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  1       scholarships for the 1998-99 school year to those applicants who exhibit
  2       the greatest ability and aptitude for vocational education applicants, sub-
  3       ject only to the availability of appropriations therefor and notwithstanding
  4       any limitations or other provisions of K.S.A. 72-4461 and amendments
  5       thereto to the contrary.
  6           Sec. 32.
  7      
FORT HAYS STATE UNIVERSITY
  8           (a) There is appropriated for the above agency from the state general
  9       fund for the fiscal year or years specified, the following:
10      
11		 Operating expenditures (including official hospitality)
    For the fiscal year ending June 30, 1998		 $9,855
12           For the fiscal year ending June 30, 1999 $95,418
13           (b) On the effective date of this act, the expenditure limitation estab-
14       lished by section 21(c) of chapter 192 of the 1997 Session Laws of Kansas
15       on the general fees fund is hereby decreased from $7,677,731 to
16       $7,667,876.
17           (c) On July 1, 1998, the expenditure limitation established by section
18       130(b) of 1998 Senate Bill No. 495 on the general fees fund is hereby
19       decreased from $8,020,642 to $7,995,549.
20           Sec. 33.
21      
EMPORIA STATE UNIVERSITY
22           (a) There is appropriated for the above agency from the state general
23       fund for the fiscal year or years specified, the following:
24      
25		 Operating expenditures (including official hospitality)
    For the fiscal year ending June 30, 1998		 $491
26           (b) On the effective date of this act, the expenditure limitation estab-
27       lished by section 20(c) of chapter 192 of the 1997 Session Laws of Kansas
28       on the general fees fund is hereby decreased from $7,916,410 to
29       $7,915,919.
30           (c) On July 1, 1998, the expenditure limitation established by section
31       134(b) of 1998 Senate Bill No. 495 on the general fees fund is hereby
32       increased from $8,210,994 to $8,213,430.
33           (d) On July 1, 1998, of the $27,609,624 appropriated for the above
34       agency for the fiscal year ending June 30, 1999, by section 134(a) of 1998
35       Senate Bill No. 495 from the state general fund in the operating expend-
36       itures (including official hospitality) account, the sum of $2,436 is hereby
37       lapsed.
38           Sec. 34.
39      
PITTSBURG STATE UNIVERSITY
40           (a) On July 1, 1998, of the $30,326,884 appropriated for the above
41       agency for the fiscal year ending June 30, 1999, by section 135(a) of 1998
42       Senate Bill No. 495 from the state general fund in the operating expend-
43       itures (including official hospitality) account, the sum of $124,777 is

SB 643--Am. by H on FA

28

  1       hereby lapsed.
  2           (b) On July 1, 1998, the expenditure limitation established by section
  3       135(b) of 1998 Senate Bill No. 495 on the general fees fund is hereby
  4       increased from $9,965,170 to $10,033,845.
  5           (c) During the fiscal years ending June 30, 1998, and June 30, 1999,
  6       Pittsburg state university is hereby authorized to make expenditures to
  7       raze two buildings numbered 38500-00080 and 38500-00270 at the uni-
  8       versity.
  9           Sec. 35.
10      
UNIVERSITY OF KANSAS
11           (a) There is appropriated for the above agency from the state general
12       fund for the fiscal year or years specified, the following:
13      
14		 Integrated library system
    For the fiscal year ending June 30, 1999		 $130,000
15       Provided, That no expenditures shall be made from the integrated library system account
16       until the chancellor of the university of Kansas certifies to the director of accounts and
17       reports that a refund has been deposited in the state general fund: Provided further, That
18       expenditures from the account shall not exceed the amount of the refund.
19           (b) In addition to the other purposes for which expenditures may be
20       made by the above agency from the sponsored research overhead fund
21       for the fiscal year ending June 30, 1999, expenditures may be made by
22       the above agency from the sponsored research overhead fund for the
23       following capital improvement project or projects, subject to the expend-
24       iture limitations prescribed therefor:
25       Remodel for energy-balance laboratory No limit
26           (c) On July 1, 1999, of the $118,234,732 appropriated for the above
27       agency for the fiscal year ending June 30, 1999, by section 136(a) of 1998
28       Senate Bill No. 495 from the state general fund in the operating expend-
29       itures (including official hospitality) account, the sum of $83,148 is hereby
30       lapsed.
31           (d) There is appropriated for the above agency from the following
32       special revenue fund or funds for the fiscal year or years specified, all
33       moneys now or hereafter lawfully credited to and available in such fund
34       or funds, except that expenditures other than refunds authorized by law
35       shall not exceed the following:
36      
37		 Ellsworth hall renovation fund
    For the fiscal year ending June 30, 1999		 No limit
38       Provided, That the university of Kansas may make expenditures from the Ellsworth hall
39       renovation fund for the project to renovate Ellsworth hall in addition to the expenditure of
40       other moneys appropriated therefor: Provided, however, That expenditures from this fund
41       for such capital improvement project shall not exceed $10,500,000 plus all amounts required
42       for costs of any such bond issuance, cost of interest on any bonds issued or obtained for
43       such capital improvement projects and any required reserves for payment of principal and

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29

  1       interest on any bond: Provided further, That such capital improvement project is hereby
  2       approved for the university of Kansas for the purposes of subsection (b) of K.S.A. 74-8905
  3       and amendments thereto and the authorization of the issuance of bonds by the Kansas
  4       development finance authority in accordance with that statute: And provided further, That
  5       all moneys received from the issuance of any such bonds shall be deposited in the state
  6       treasury to the credit of this fund.
  7           Sec. 36.
  8      
WICHITA STATE UNIVERSITY
  9           (a) During the fiscal year ending June 30, 1999, Wichita state uni-
10       versity is hereby authorized to make expenditures to raze building #12.
11           Sec. 37.
12      
KANSAS STATE UNIVERSITY VETERINARY MEDICAL CENTER
13           (a) There is appropriated for the above agency from the state general
14       fund for the fiscal year or years specified, the following:
15      
16		 Operating expenditures (including official hospitality)
    For the fiscal year ending June 30, 1998		 $12,228
17           (b) On the effective date of this act, the expenditure limitation estab-
18       lished by section 34(a) of 1998 Senate Bill No. 495 on the general fees
19       fund is hereby decreased from $4,615,500 to $4,603,272.
20           (c) On July 1, 1998, of the $9,309,505 appropriated for the above
21       agency for the fiscal year ending June 30, 1999, by section 133(a) of 1998
22       Senate Bill No. 495 from the state general fund in the operating expend-
23       itures (including official hospitality) account, the sum of $1,838 is hereby
24       lapsed.
25           (d) On July 1, 1998, the expenditure limitation established by section
26       133(b) of 1998 Senate Bill No. 495 on the general fees fund is hereby
27       decreased from $4,847,749 to $4,811,757.
28           (e) On July 1, 1998, the expenditure limitation established by section
29       133(b) of 1998 Senate Bill No. 495 on the hospital and diagnostic labo-
30       ratory revenue fund is hereby increased from $1,452,739 to $1,490,569.
31           Sec. 38.
32      
KANSAS STATE UNIVERSITY EXTENSION SYSTEMS AND
33      
AGRICULTURE RESEARCH PROGRAMS
34           (a) There is appropriated for the above agency from the state general
35       fund for the fiscal year or years specified, the following:
36      
37		 Agricultural experiment stations (including official hospitality)
    For the fiscal year ending June 30, 1999		 $240,090
38           Sec. 39.
39      
STATE HISTORICAL SOCIETY
40           (a) There is appropriated for the above agency from the state general
41       fund for the fiscal year or years specified, the following:
42      
43		 Operating expenditures
    For the fiscal year ending June 30, 1999		 $2,156

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30

1      
2		 Construct storage bay #3
    For the fiscal year ending June 30, 1999		 $2,098,540
  3           Sec. 40.
  4      
UNIVERSITY OF KANSAS MEDICAL CENTER
  5           (a) There is appropriated for the above agency from the state general
  6       fund for the fiscal year or years specified, the following:
7      
8		 Operating expenditures (including official hospitality)
    For the fiscal year ending June 30, 1998		 $54,329
9           For the fiscal year ending June 30, 1999 $102,775
10           (b) On July 1, 1998, the expenditure limitation established by section
11       183(a) of 1997 Senate Bill No. 495 on expenditures from the construct
12       and equip research support facility fund for the capital improvement pro-
13       ject to construct an addition to the research support facility is hereby
14       increased from $3,250,000 to $4,740,000.
15           (c) There is hereby appropriated for the above agency from the fol-
16       lowing special revenue fund or funds for the fiscal year or years specified,
17       all moneys now or hereafter lawfully credited to and available in such
18       fund or funds, except that expenditures other than refunds authorized by
19       law shall not exceed the following:
20      
21		 Services to hospital authority fund
    For the fiscal year ending June 30, 1999		 No limit
22      
23		 Direct medical education reimbursement fund
    For the fiscal year ending June 30, 1999		 $2,428,197
24      
25		 Construct and equip center for health in aging -- gift and grant fund
    For the fiscal year ending June 30, 1999		 No limit
26      
27		 Construct and equip addition to research support facility - gift and grantfund
    For the fiscal year ending June 30, 1999		 No limit
28           Sec. 41.
29      
DEPARTMENT OF ADMINISTRATION
30           (a) There is appropriated for the above agency from the state general
31       fund for the fiscal year or years specified, the following:
32      
33		 Facilities management
    For the fiscal year ending June 30, 1998		 $50,000
34           For the fiscal year ending June 30, 1999 $87,430
35      
36		 Statehouse historic structures report
    For the fiscal year ending June 30, 1999		 $200,000
37      
38		 Performance review board
    For the fiscal year ending June 30, 1999		 $80,000
39      
40		 Long-term care ombudsman
    For the fiscal year ending June 30, 1999		 $32,108
41      
42		 Memorial hall debt service
    For the fiscal year ending June 30, 1999		 $219,201

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31

  1           (b) On July 1, 1998, the expenditure limitation established by section
  2       104(b) of 1998 Senate Bill No. 495 on the salaries and wages and other
  3       operating expenditures account of the cafeteria benefits fund is hereby
  4       increased from $956,633 to $1,117,897.
  5           (c) On July 1, 1998, the position limitation established by section 105
  6       of 1998 Senate Bill No. 495 for the department of administration is
  7       hereby increased from 855.9 to 856.4.
  8           (d) In addition to the other purposes for which expenditures may be
  9       made by the above agency from the state buildings depreciation fund for
10       fiscal year 1999, as authorized by subsection (e) or (f) of section 174 of
11       1998 Senate Bill No. 495, expenditures may be made by the above agency
12       from the following capital improvement account or accounts of the state
13       buildings depreciation fund during fiscal year 1999 for the following cap-
14       ital improvement project or projects, subject to the expenditure limita-
15       tions prescribed therefor:
16       Memorial & Landon steam tunnel and walkway planning andconstruction $40,000
17       Provided, That all expenditures from each such capital improvement account shall be in
18       addition to any expenditure limitation imposed on the state buildings depreciation fund for
19       fiscal year 1999.
20           (e) There is appropriated for the above agency from the following
21       special revenue fund or funds for the fiscal year or years specified, all
22       moneys now or hereafter lawfully credited to and available in such fund
23       or funds, except that expenditures other than refunds authorized by law
24       shall not exceed the following:
25      
26		 Performance review clearing fund
    For the fiscal year ending June 30, 1999		 No limit
27       Provided, That the executive director of the performance review board is hereby authorized
28       to fix, charge and collect amounts from state agencies to recover all or part of the costs of
29       analyses of governmental functions conducted at the request of such state agencies in ac-
30       cordance with K.S.A. 75-7140 and amendments thereto: Provided further, That all such
31       amounts received for such analyses shall be credited to the performance review clearing
32       fund: And provided further, That such amounts are hereby authorized to be paid by such
33       state agencies from one or more appropriate special revenue funds of the state agencies
34       that are the subject of the analyses: And provided further, That all such expenditures from
35       such special revenue funds shall be in addition to any expenditure limitations imposed on
36       such funds.
37      
38		 Older Americans act long term care ombudsman federal fund
    For the fiscal year ending June 30, 1998		 No limit
39           For the fiscal year ending June 30, 1999 No limit
40      
41		 Long term care ombudsman gift and grant fund
    For the fiscal year ending June 30, 1998		 No limit
42           For the fiscal year ending June 30, 1999 No limit

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32

1      
2		 Memorial hall renovation fund
    For the fiscal year ending June 30, 1999		 No limit
  3       Provided, That the department of administration may make expenditures from the Memorial
  4       hall renovation fund for the capital improvement project to renovate and equip Memorial
  5       hall in an amount of not more than the total of $5,420,000, plus all amounts required for
  6       the cost of bond issuance, the cost of interest on the bonds during the construction of the
  7       project and the required reserves for the payment of principal and interest on the bonds:
  8       Provided further, That such capital improvement project is hereby approved for the de-
  9       partment of administration for the purposes of subsection (b) of K.S.A. 74-8905 and amend-
10       ments thereto and the authorization of the issuance of bonds by the Kansas development
11       finance authority in accordance with that statute: And provided further, That all moneys
12       received from the issuance of any bonds shall be deposited in the state treasury to the credit
13       of this fund: And provided further, That such capital improvement project to renovate and
14       equip Memorial hall is exempt from the provisions of K.S.A. 75-2724 and amendments
15       thereto.
16           (f) In addition to the purposes for which expenditures may be made
17       by the above agency from the Topeka state hospital transition fund for
18       the fiscal year ending June 30, 1999, as authorized by section 104(b) of
19       1998 Senate Bill No. 495, expenditures may be made by the above agency
20       from the Topeka state hospital transition fund for fiscal year 1999, for the
21       following: (1) Consultant services relating to the sale or other disposition
22       of the Topeka state hospital property; and (2) operating expenditures for
23       the operation and maintenance of the Topeka state hospital property,
24       including any expenses for operating heating plants and other facilities
25       and for the security, repair, and capital improvements for the Topeka
26       state hospital property: Provided, That expenditures shall be made from
27       this fund to provide adequate security for the Topeka state hospital prop-
28       erty: Provided further, That, notwithstanding the provisions of K.S.A. 75-
29       3307 and 75-3316 and amendments thereto, the secretary of administra-
30       tion is hereby given temporary custody and control of the Topeka state
31       hospital property and is given authority for the following: (1) permitting
32       the use of the Topeka state hospital property by state agencies or others;
33       (2) entering into agreements with such state agencies or others for their
34       use of the property; and (3) fixing and altering charges for use of the
35       Topeka state hospital property in such amounts as the secretary of ad-
36       ministration determines to be beneficial or necessary: And provided fur-
37       ther, That such fees shall be fixed in order to recover all or part of such
38       operating expenses: And provided further, That, notwithstanding the pro-
39       visions of K.S.A. 75-3316 and amendments thereto, all moneys received
40       for such charges or fees shall be deposited in the state treasury to the
41       credit of this fund: Provided, however, That, if the Topeka state hospital
42       property is disposed of in some manner that conveys title to the property,
43       the governor may direct the transfer of any portion of the funds appro-

SB 643--Am. by H on FA

33

  1       priated in this subsection to the Topeka correctional facility general fees
  2       fund as necessary for the department of corrections to maintain its op-
  3       erations on the premises of the Topeka state hospital property: And pro-
  4       vided further, That in addition to the other purposes for which expend-
  5       itures may be made by the above agency from moneys appropriated for
  6       the fiscal year ending June 30, 1999, as authorized by this or any other
  7       appropriation act of the 1998 regular session of the legislature or by any
  8       appropriation act of the 1999 regular session of the legislature, expendi-
  9       tures may be made by the above agency from the moneys appropriated
10       for fiscal year 1999 for operating expenditures for the operation and main-
11       tenance of the Topeka state hospital property, including any expenses for
12       operating heating plants and other facilities and for the security and repair
13       of the Topeka state hospital property: And provided further, That all
14       expenditures from any such special revenue fund for such purposes shall
15       be in addition to any expenditure limitation imposed on such special rev-
16       enue fund for fiscal year 1999: And provided further, That in addition to
17       the other purposes for which expenditures may be made by the above
18       agency from moneys appropriated for the fiscal year ending June 30,
19       1999, as authorized by this or any other appropriation act of the 1998
20       regular session of the legislature, expenditures may be made by the above
21       agency from the moneys appropriated for fiscal year 1999 for expendi-
22       tures for a total of eight additional full-time and regular part-time posi-
23       tions equated to full-time: And provided further, That the eight full-time
24       equivalent positions shall be in addition to the number of full-time and
25       regular part-time positions equated to full-time, excluding seasonal and
26       temporary positions, authorized for the above agency under this or other
27       appropriation act of the 1998 regular session of the legislature: Provided,
28       however, That if the Topeka state hospital property is disposed of in some
29       manner that conveys title to the property, the governor may direct the
30       transfer of any portion of the positions provided for in this subsection to
31       the department of corrections as necessary for the department of correc-
32       tions to maintain its operations on the premises of the Topeka state hos-
33       pital property: And provided further, That any employee who was trans-
34       ferred during the fiscal year ending June 30, 1998, from the Topeka state
35       hospital to the department of administration upon assumption of tem-
36       porary custody and control of Topeka state hospital property by the sec-
37       retary of administration, and who is subsequently laid off from the de-
38       partment of administration or the department of corrections due to
39       disposition of the Topeka state hospital property, shall be provided with
40       the same rights and benefits available to employees of Topeka state hos-
41       pital who were laid off upon closure of Topeka state hospital: And pro-
42       vided further, That any expenditures for such rights and benefits shall be
43       funded and paid in the same manner as prescribed by law for other em-

SB 643--Am. by H on FA

34

  1       ployees of Topeka state hospital who were laid off upon closure of Topeka
  2       state hospital: And provided further, That in addition to the other pur-
  3       poses for which expenditures may be made by the above agency from
  4       moneys appropriated for the fiscal year ending June 30, 1998, as author-
  5       ized by this or other appropriation act of the 1998 regular session of the
  6       legislature, and for the fiscal year ending June 30, 1999, as authorized by
  7       this or any other appropriation act of the 1998 regular session of the
  8       legislature, expenditures may be made by the above agency for (1) ex-
  9       penses related to the review and consideration of proposals and other
10       matters relating to the potential disposition of the Topeka state hospital
11       property, as defined by this section, including, but not limited to, ex-
12       penditures for members of the legislature who are members of any ad-
13       visory committee which is hereby authorized to be established for such
14       purposes by the secretary of administration, for per diem compensation,
15       subsistence allowances, mileage and other expenses as provided in K.S.A.
16       75-3212 or 75-3223 and amendments thereto for attending meetings of
17       such advisory committee, or attending a subcommittee meeting thereof
18       authorized by such advisory committee, and (2) any expenses relating to
19       any sale of any Topeka state hospital property, as defined by this section:
20       And provided further, That expenditures may be made by a state agency
21       for the expenses of the sale, exchange, or other disposition conveying title
22       for any portion or all of the Topeka state hospital property: And provided
23       further, That these expenditures may be made only upon specific au-
24       thorization by the state finance council acting on this matter, which is
25       hereby characterized as a matter of legislative delegation and subject to
26       the guidelines prescribed in subsection (c) of K.S.A. 75-3711c and amend-
27       ments thereto, and such portion or all of Topeka state hospital property
28       may be sold, exchanged or otherwise conveyed or disposed of by the state
29       agency in accordance with such authorization by the state finance council:
30       And provided further, That the net proceeds from the sale of any Topeka
31       state hospital property shall be deposited in the state treasury to the credit
32       of the Topeka state hospital transition fund of the department of admin-
33       istration: And provided further, That any property transferred to the city
34       of Topeka pursuant to this section shall be exempt from ad valorem tax-
35       ation so long as such property is owned by the city of Topeka and not
36       leased to any person or entity that is not exempt from payment of ad
37       valorem taxation: And provided further, That, as used in this section,
38       ``Topeka state hospital property'' means all state-owned land and improve-
39       ments in the city of Topeka, KS, which is in the area bounded by west
40       sixth street on the south, MacVicar Avenue on the east, Interstate 70 on
41       the north and Oakley Avenue on the west, including the adjacent state-
42       owned land west of Oakley Avenue, excluding state printing plant land
43       designated by the secretary of administration.

SB 643--Am. by H on FA

35

  1           (g) On July 1, 1998, of the $3,089,554 appropriated for the above
  2       agency for the fiscal year ending June 30, 1999, by section 104(a) of 1998
  3       Senate Bill No. 495 from the state general fund in the personnel services
  4       account, the sum of $31,259 is hereby lapsed.
  5           (h) On July 1, 1998, the expenditure limitation established for the
  6       fiscal year ending June 30, 1999, by section 104(a) of 1998 Senate Bill
  7       No. 495 on the reappropriated balance in the performance review board
  8       account of the state general fund is hereby increased from $37,161 to No
  9       limit.
10           Sec. 42.
11      
ATTORNEY GENERAL -- KANSAS BUREAU OF INVESTIGATION
12           (a) There is appropriated for the above agency from the state general
13       fund for the fiscal year or years specified, the following:
14      
15		 Operating expenditures
    For the fiscal year ending June 30, 1999		 $423,023
16       Provided, That expenditures may be made from the above account for renovations to Shirk
17       hall at Pittsburg state university.
18           (b) On July 1, 1998, the position limitation established by section 150
19       of 1998 Senate Bill No. 495 for the above agency is hereby increased
20       from 193.5 to 194.5.
21           Sec. 43.
22      
DEPARTMENT OF REVENUE
23           (a) There is appropriated for the above agency from the state general
24       fund for the fiscal year or years specified, the following:
25      
26		 Operating expenditures
    For the fiscal year ending June 30, 1998		 $3,920
27           For the fiscal year ending June 30, 1999 $194,159
28           (b) On the effective date of this act, the expenditure limitation estab-
29       lished by section 25(a) of 1998 Senate Bill No. 495 on the division of
30       vehicles operating fund is hereby increased from $29,152,237 to
31       $29,154,217.
32           (c) On the effective date of this act, the expenditure limitation estab-
33       lished by section 25(b) of 1998 Senate Bill No. 495 on the salaries and
34       wages account of the division of vehicles operating fund is hereby in-
35       creased from $16,210,433 to $16,212,413.
36           (d) On July 1, 1998, the expenditure limitation established by section
37       107(b) of 1998 Senate Bill No. 495 on the division of vehicles operating
38       fund is hereby increased from $30,374,330 to $30,402,477.
39           (e) On the effective date of this act, the expenditure limitation estab-
40       lished by section 107(b) of 1998 Senate Bill No. 495 on the salaries and
41       wages account of the division of vehicles operating fund is hereby in-
42       creased from $16,914,375 to $16,942,522.
43           (f) No expenditures may be made by the above agency from any fund

SB 643--Am. by H on FA

36

  1       appropriated by this or any other act of the 1998 regular session of the
  2       legislature for the purpose of implementing 1998 Senate Bill No. 493
  3       except upon the specific approval of the state finance council acting on
  4       this matter, which is hereby characterized as a matter of legislative del-
  5       egation and subject to the guidelines prescribed in subsection (c) of
  6       K.S.A. 75-3711c and amendments thereto and acting after receiving a
  7       recommendation from the joint committee on computers and telecom-
  8       munications: Provided, That the department of revenue shall present a
  9       plan for expenditures to implement 1998 Senate Bill No. 493 to the joint
10       committee on computers and telecommunications and the joint commit-
11       tee shall make a recommendation to the state finance council thereon.
12           Sec. 44.
13      
DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES
14           (a) There is appropriated for the above agency from the state general
15       fund for the fiscal year or years specified, the following:
16      
17		 Mental health and retardation services aid and assistance and state institutions operations
    For the fiscal year ending June 30, 1998		 $3,304,198
18       Provided, That, of the amount appropriated in the mental health and retardation services
19       aid and assistance and state institutions operations account for fiscal year 1999, the amount
20       of $3,800,000 shall be used, plus any federal matching funds received, for increased rates
21       for services provided by community service providers and shall be used only for increases
22       in those components of such rates that are for salaries and fringe benefits of employees of
23       the service providers.
24      
25		 Community based services
    For the fiscal year ending June 30, 1998		 $2,025,000
26           For the fiscal year ending June 30, 1999 $2,255,000
27      
28		 Youth services aid and assistance
    For the fiscal year ending June 30, 1998		 $1,218,000
29           For the fiscal year ending June 30, 1999 $127,000
30       Provided, That on July 1, 1998, or as soon as moneys become available, the director of
31       accounts and reports shall transfer $1,000,000 from the youth services aid and assistance
32       account of the state general fund to the family and children endowment account of the
33       family and children investment fund[: Provided further, That the secretary of social and
34       rehabilitation services shall review the performance of all service providers that
35       are providing foster care services under the statewide foster care program: And
36       provided further, That the secretary of social and rehabilitation services shall not
37       renew or enter into a provider contract agreement with any service provider if such
38       service provider is not fully meeting all outcome goals and indicators and other
39       performance objectives under the provider contract agreement].
40      
41		 Other medical assistance
    For the fiscal year ending June 30, 1999		 $36,400

SB 643--Am. by H on FA

37

1      
2		 Sex predator program
    For the fiscal year ending June 30, 1999		 $273,934
3      
4		 State operations
    For the fiscal year ending June 30, 1999		 $557,142
  5           (b) There is appropriated for the above agency from the following
  6       special revenue fund or funds for the fiscal year or years specified, all
  7       moneys now or hereafter lawfully credited to and available in such fund
  8       or funds, except that expenditures other than refunds authorized by law
  9       shall not exceed the following:
10      
11		 Energy assistance block grant federal fund
    For the fiscal year ending June 30, 1998		 No limit
12           For the fiscal year ending June 30, 1999 No limit
13      
14		 Kansas insurance coverage for children fund
    For the fiscal year ending June 30, 1999		 $12,043,678
15      
16		 Children's health care programs fund
    For the fiscal year ending June 30, 1999		 No limit
17           (c) There is appropriated for the above agency from the state insti-
18       tutions building fund for the fiscal year or years specified, the following:
19       Sex predator new construction planning and remodeling\ih,1\     For the fiscal
20       year ending June 30, 1999/.$1,373,983
21           (d) On July 1, 1999, the expenditure limitation established by section
22       120(b) of 1998 Senate Bill No. 495 on the state operations account of the
23       social services clearing fund is hereby increased from $247,383,661 to
24       $248,572,117.
25           (e) On the effective date of this act, the expenditure limitation estab-
26       lished by section 61(b) of chapter 123 of the 1997 Session Laws of Kansas
27       on the title XIX fund is hereby increased from $53,974,305 to
28       $54,427,309.
29           (f) On July 1, 1998, the expenditure limitation established by section
30       120(b) of 1998 Senate Bill No. 495 on the title XIX fund for the depart-
31       ment of social and rehabilitation services is hereby increased from
32       $57,881,442 to $58,293,744.
33           (g) On July 1, 1998, the position limitation established by section
34       122(a) of 1998 Senate Bill No. 495 for the Larned state hospital is hereby
35       decreased from 771.6 to 768.6.
36           (h) On the effective date of this act, of the $89,919,499 appropriated
37       for the above agency for the fiscal year ending June 30, 1998, by section
38       61(a) of chapter 123 of the 1997 Session Laws of Kansas from the state
39       general fund in the state operations account, the sum of $557,142 is
40       hereby lapsed.
41           (i) On the effective date of this act, the position limitation established
42       by section 122 of 1998 Senate Bill No. 495 for the above agency is hereby
43       increased from 4,159.0 to 4,182.0.

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38

  1           Sec. 45.
  2      
DEPARTMENT ON AGING
  3           (a) There is appropriated for the above agency from the state general
  4       fund for the fiscal year or years specified, the following:
5      
6		 Administration
    For the fiscal year ending June 30, 1998		 $550,000
7           For the fiscal year ending June 30, 1999 $1,817,892
  8       Provided, That no expenditures shall be made from the administration account on or after
  9       the effective date of this act for the fiscal year ending June 30, 1998, or the fiscal year ending
10       June 30, 1999, for the Kansas aging management information system except upon approval
11       of the state finance council acting on this matter which is hereby characterized as a matter
12       of legislative delegation and subject to the guidelines prescribed by subsection (c) of K.S.A.
13       75-3711c and amendments thereto and acting on this matter after receiving a recommen-
14       dation thereon from the joint committee on computers and telecommunications: Provided
15       further, That, prior to the approval by the state finance council of any expenditures for the
16       administration account, the proposed plan and proposed expenditures for the Kansas aging
17       management information system shall be presented to and reviewed by the joint committee
18       on computers and telecommunications on or after the effective date of this act and, after
19       such presentation and review, the joint committee on computers and telecommunications
20       shall make a recommendation thereon to the state finance council.
21           (b) On July 1, 1998, of the $118,253,273 appropriated for the above
22       agency for the fiscal year ending June 30, 1999, by section 118(a) of 1998
23       Senate Bill No. 495 from the state general fund in the long term care
24       account, the sum of $3,419,535 is hereby lapsed.
25           (c) On the effective date of this act, of the $115,409,383 appropriated
26       for the above agency for the fiscal year ending June 30, 1998, by section
27       59(a) of chapter 123 of the 1997 Session Laws of Kansas from the state
28       general fund in the long term care account, the sum of $967,600 is hereby
29       lapsed.
30           (d) On July 1, 1998, the position limitation established by section 119
31       of 1998 Senate Bill No. 495 for the above agency is hereby decreased
32       from 160.3 to 155.8.
33           (e) The amount authorized and directed by section 118(d) of 1998
34       Senate Bill No. 495 to be transferred on or before June 30, 1999, upon
35       certification by the secretary of aging as the unspent amount of funds
36       allocated for professional services in the office of the secretary, by the
37       director of accounts and reports from the administration account of the
38       state general fund to the program grants account of the state general fund
39       shall not exceed $300,000.
40           Sec. 46.
41      
LEGISLATURE
42           (a) In addition to the other purposes for which expenditures may be
43       made by the above agency from the operations (including official hospi-

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39

  1       tality) account of the state general fund or from the legislative special
  2       revenue fund for the fiscal year ending June 30, 1999, as authorized by
  3       section 85 of 1998 Senate Bill No. 495, expenditures may be made by the
  4       above agency for fiscal year 1999 from the operations (including official
  5       hospitality) account of the state general fund or from the legislative special
  6       revenue fund for fiscal year 1999, for payment of the amounts provided
  7       by subsection (e) of K.S.A. 75-3223 and amendments thereto for mem-
  8       bers of the KUSF working committee established by section 4 of 1998
  9       House Substitute for Senate Bill No. 212 for those members of the KUSF
10       working committee who are legislators and those members of the KUSF
11       working committee who are described in paragraph (2) of subsection (b)
12       of section 4 of 1998 House Substitute for Senate Bill No. 212.
13           (b) During the fiscal year ending June 30, 1999, in addition to the
14       duties established in section 85(c) of 1998 Senate Bill No. 495, the SRS
15       transition oversight committee shall review and evaluate the mental
16       health system including consumer run organizations, community mental
17       health centers and mental health reform as it relates to nursing facilities
18       for mental health: Provided, That the SRS transition oversight committee
19       shall also review the salaries of non-state employee direct care staff.
20           [(c) In addition to the other purposes for which expenditures
21       may be made by the above agency from the operations (including
22       official hospitality) account of the state general fund or from the
23       legislative special revenue fund for the fiscal year ending June 30,
24       1999, as and for payment of legal fees and expenses incurred in
25       litigation arising from implementation of 1998 H.B. 2531.]
26           Sec. 47.
27      
LEGISLATIVE COORDINATING COUNCIL
28           (a) There is appropriated for the above agency from the state general
29       fund for the fiscal year or years specified, the following:
30      
31		 Legislative research department - operations
    For the fiscal year ending June 30, 1999		 $25,000
32      
33		 Legislative coordinating council - operations
    For the fiscal year ending June 30, 1999		 $125,000
34       Any unencumbered balance in excess of $100 as of June 30, 1998, in the following account
35       is hereby reappropriated for fiscal year 1999: evaluation of closure of state hospitals.
36           Sec. 48. On July 1, 1998, the provisions of K.S.A. 75-6801 and
37       amendments thereto are hereby suspended and shall be of no force and
38       effect during the fiscal year ending June 30, 1999.
39           Sec. 49. (a) In accordance with appropriations for the fiscal year end-
40       ing June 30, 1999, by this or other appropriation act of the 1998 regular
41       session of the legislature:
42           (1) The governor is hereby authorized and directed to modify the pay
43       plan for fiscal year 1998 in accordance with this subsection (a)(1) and to

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40

  1       adopt such pay plan as so modified. The existing pay plan for fiscal year
  2       1998 shall be modified to provide for an increase of 1.5% in the pay rates
  3       of such pay plan. The pay plan adopted by the governor under this sub-
  4       section (a)(1) shall be the pay plan for the classified service under the
  5       Kansas civil service act and shall be effective on the first day of the first
  6       biweekly payroll period which is chargeable to the fiscal year ending June
  7       30, 1999. Such pay plan shall be subject to modification and approval as
  8       provided under K.S.A. 75-2938 and amendments thereto and to any en-
  9       actment of the legislature applicable thereto.
10           (2) (A) The governor is hereby authorized and directed to modify or
11       authorize the modification of the salaries of state officers and employees
12       who are in the unclassified service under the Kansas civil service act and
13       whose salaries are subject to approval by the governor under K.S.A. 75-
14       2935b or 75-2935c and amendments thereto to provide for base salary
15       increases, to be effective on the first day of the first payroll period which
16       is chargeable to the fiscal year ending on June 30, 1999, and to be dis-
17       tributed on a merit basis from a merit salary increase pool, the average
18       of such increases shall not exceed 4% of the base salaries of such officers
19       and employees.
20           (B) Each elected state official of the executive branch of state gov-
21       ernment, including the state board of education, and the Kansas tech-
22       nology enterprise corporation, Kansas, Inc., the state board of regents
23       and the board of trustees of the Kansas public employees retirement
24       system, in each such official or board's discretion, are hereby authorized
25       and directed to modify or to authorize the modification of the salaries of
26       the state officers and employees of such official or board, who are in the
27       unclassified service under the Kansas civil service act and whose salaries
28       are not subject to approval by the governor under K.S.A. 75-2935b and
29       amendments thereto, to provide for base salary increases to be effective
30       on the first day of the first payroll period which is chargeable to the fiscal
31       year ending June 30, 1999, and to be distributed on a merit basis from a
32       merit salary increase pool, the average of such increases shall not exceed
33       4% of the base salaries of such officers and employees of such official or
34       board. The provisions of this subsection (a)(2)(B) shall not authorize or
35       provide any salary increase for the governor, lieutenant governor, secre-
36       tary of state, state treasurer, commissioner of insurance, attorney general,
37       or to any member of any state board, commission, council or committee
38       receiving per diem compensation as provided by statute.
39           (b) On and after June 14, 1998, in addition to the other purposes for
40       which expenditures may be made by the governor's department from the
41       governor's department account of the state general fund for the fiscal
42       year ending June 30, 1999, expenditures shall be made by the governor's
43       department from the governor's department account of the state general

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41

  1       fund for fiscal year 1999 for an additional amount of biweekly compen-
  2       sation for the governor equal to the amount required to provide, along
  3       with the amount of biweekly compensation otherwise payable, an aggre-
  4       gate amount of compensation of $3,409.22 per biweekly pay period: Pro-
  5       vided, That expenditures for such purpose shall be made in the same
  6       manner and at the same times that biweekly compensation is payable to
  7       the governor for the biweekly pay periods which commence on or after
  8       June 14, 1998, and which are chargeable to fiscal year 1999.
  9           (c) On and after June 14, 1998, in addition to the other purposes for
10       which expenditures may be made by the lieutenant governor from the
11       operations account of the state general fund for the fiscal year ending
12       June 30, 1999, expenditures shall be made by the lieutenant governor
13       from the operations account of the state general fund for fiscal year 1999
14       for an additional amount of biweekly compensation for the lieutenant
15       governor equal to the amount required to provide, along with the amount
16       of biweekly compensation otherwise payable, an aggregate amount of
17       compensation of $964.29 per biweekly pay period: Provided, That ex-
18       penditures for such purpose shall be made in the same manner and at
19       the same times that biweekly compensation is payable to the lieutenant
20       governor for the biweekly pay periods which commence on or after June
21       14, 1998, and which are chargeable to fiscal year 1999.
22           (d) On and after June 14, 1998, in addition to the other purposes for
23       which expenditures may be made by the secretary of state from the op-
24       erating expenditures account of the state general fund for the fiscal year
25       ending June 30, 1999, expenditures shall be made by the secretary of
26       state from the operating expenditures account of the state general fund
27       for fiscal year 1999 for an additional amount of biweekly compensation
28       for the secretary of state equal to the amount required to provide, along
29       with the amount of biweekly compensation otherwise payable, an aggre-
30       gate amount of compensation of $2648.45 per biweekly pay period: Pro-
31       vided, That expenditures for such purpose shall be made in the same
32       manner and at the same times that biweekly compensation is payable to
33       the secretary of state for the biweekly pay periods which commence on
34       or after June 14, 1998, and which are chargeable to fiscal year 1999.
35           (e) On and after June 14, 1998, in addition to the other purposes for
36       which expenditures may be made by the attorney general from the op-
37       erating expenditures account of the state general fund for the fiscal year
38       ending June 30, 1999, expenditures shall be made by the attorney general
39       from the operating expenditures account of the state general fund for
40       fiscal year 1999 for an additional amount of biweekly compensation for
41       the attorney general equal to the amount required to provide, along with
42       the amount of biweekly compensation otherwise payable, an aggregate
43       amount of compensation of $3,045.64 per biweekly pay period: Provided,

SB 643--Am. by H on FA

42

  1       That expenditures for such purpose shall be made in the same manner
  2       and at the same times that biweekly compensation is payable to the at-
  3       torney general for the biweekly pay periods which commence on or after
  4       June 14, 1998, and which are chargeable to fiscal year 1999.
  5           (f) On and after June 14, 1998, in addition to the other purposes for
  6       which expenditures may be made by the state treasurer from the oper-
  7       ating expenditures account of the state general fund for the fiscal year
  8       ending June 30, 1999, expenditures shall be made by the state treasurer
  9       from the operating expenditures account of the state general fund for
10       fiscal year 1999 for an additional amount of biweekly compensation for
11       the state treasurer equal to the amount required to provide, along with
12       the amount of biweekly compensation otherwise payable, an aggregate
13       amount of compensation of $2,648.45 per biweekly pay period: Provided,
14       That expenditures for such purpose shall be made in the same manner
15       and at the same times that biweekly compensation is payable to the state
16       treasurer for the biweekly pay periods which commence on or after June
17       14, 1998, and which are chargeable to fiscal year 1999.
18           (g) On and after June 14, 1998, in addition to the other purposes for
19       which expenditures may be made by the insurance department from the
20       insurance department service regulation fund for the fiscal year ending
21       June 30, 1999, expenditures shall be made by the insurance department
22       from the insurance department service regulation fund for fiscal year
23       1999 for an additional amount of biweekly compensation for the com-
24       missioner of insurance equal to the amount required to provide, along
25       with the amount of biweekly compensation otherwise payable, an aggre-
26       gate amount of compensation of $2,648.45 per biweekly pay period: Pro-
27       vided, That expenditures for such purpose shall be made in the same
28       manner and at the same times that biweekly compensation is payable to
29       the commissioner of insurance for the biweekly pay periods which com-
30       mence on or after June 14, 1998, and which are chargeable to fiscal year
31       1999.
32           (h) (1) In addition to the other purposes for which expenditures may
33       be made by each state agency from appropriations made for the fiscal
34       year ending June 30, 1999, expenditures shall be made by each state
35       agency from the appropriations made for fiscal year 1999 for an additional
36       amount of per diem compensation equal to the amount required to pro-
37       vide, along with the amount of per diem compensation otherwise payable,
38       an aggregate amount of compensation of $72.06 per calendar day for each
39       member of a board for any calendar day occurring on or after June 14,
40       1998, for which per diem compensation is payable to such member of a
41       board under K.S.A. 75-3212 or 75-3223 and amendments thereto at the
42       rate prescribed by subsection (a) of K.S.A. 46-137a and amendments
43       thereto: Provided, That expenditures for such purpose shall be made in

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43

  1       the same manner and at the same times that per diem compensation is
  2       payable to such member of a board for the biweekly pay periods for which
  3       such per diem compensation for calendar days occurring on or after June
  4       14, 1998, is payable and which are chargeable to fiscal year 1999.
  5           (2) As used in this subsection (h), (A) ``state agency'' means any state
  6       agency of the executive branch of state government (i) which has appro-
  7       priations made for the fiscal year ending June 30, 1999, by 1998 Senate
  8       Bill No. 495, this act or any other appropriation act of the 1998 regular
  9       session of the legislature, and (ii) which is, or which makes expenditures
10       for, any board; and
11           (B) ``board'' means any board, commission, committee, task force,
12       panel or other body in the executive branch of state government, includ-
13       ing any advisory body, having one or more members who are entitled to
14       receive per diem compensation for attendance at meetings of such body,
15       or attendance at meetings authorized by such body of a subcommittee or
16       other subsidiary group of such body, as provided in K.S.A. 75-3212 or
17       75-3223 and amendments thereto at the rate prescribed by subsection (a)
18       of K.S.A. 46-137a and amendments thereto.
19           (i) In addition to the other purposes for which expenditures may be
20       made by the Kansas turnpike authority for the period commencing June
21       14, 1998, and ending June 30, 1999, expenditures shall be made by the
22       Kansas turnpike authority for such period for an additional amount of per
23       diem compensation equal to the amount required to provide, along with
24       the amount of per diem compensation otherwise payable, an aggregate
25       amount of compensation of $72.06 per calendar day for each member of
26       the Kansas turnpike authority for any calendar day occurring on or after
27       June 14, 1998, for which per diem compensation is payable to such mem-
28       ber under K.S.A. 68-2003 and amendments thereto who is entitled, in
29       accordance with K.S.A. 75-3223 and amendments thereto, to receive such
30       per diem compensation as provided in K.S.A. 75-3212 and amendments
31       thereto at the rate prescribed by subsection (a) of K.S.A. 46-137a and
32       amendments thereto: Provided, That expenditures for such purpose shall
33       be made in the same manner and at the same times that per diem com-
34       pensation is payable to such member of the Kansas turnpike authority for
35       the appropriate pay periods for which such per diem compensation for
36       calendar days occurring on or after June 14, 1998, and prior to July 1,
37       1999, is payable by the Kansas turnpike authority.
38           (j) In addition to the other purposes for which expenditures may be
39       made by the legislature from the operations (including official hospitality)
40       account of the state general fund for the fiscal year ending June 30, 1999,
41       expenditures shall be made by the legislature from the operations (in-
42       cluding official hospitality) account of the state general fund for fiscal year
43       1999 (1) for an additional amount of per diem compensation equal to the

SB 643--Am. by H on FA

44

  1       amount required to provide, along with the amount of per diem com-
  2       pensation otherwise payable, an aggregate amount of compensation of
  3       $72.06 per calendar day for each member of the legislature for service at
  4       the regular session or any special session of the legislature for any calendar
  5       day occurring on or after June 14, 1998, and (2) for an additional amount
  6       of per diem compensation equal to the amount required to provide, along
  7       with the amount of per diem compensation otherwise payable, an aggre-
  8       gate amount of compensation of $72.06 per calendar day for each mem-
  9       ber of the legislature and for any other public officer or person for any
10       calendar day occurring on or after June 14, 1998, for which per diem
11       compensation is payable from appropriations for the legislature to such
12       member of the legislature, public officer or person under K.S.A. 75-3212
13       or 75-3223 and amendments thereto at the rate prescribed by subsection
14       (a) of K.S.A. 46-137a and amendments thereto: Provided, That expend-
15       itures for such purposes shall be made in the same manner and at the
16       same times that per diem compensation is payable to such members of
17       the legislature, public officials and persons for the biweekly pay periods
18       for which such per diem compensation for calendar days occurring on or
19       after June 14, 1998, is payable and which are chargeable to fiscal year
20       1999.
21           (k) On and after June 14, 1998, in addition to the other purposes for
22       which expenditures may be made by the legislature from the operations
23       (including official hospitality) account of the state general fund for the
24       fiscal year ending June 30, 1999, expenditures shall be made by the leg-
25       islature from the operations (including official hospitality) account of the
26       state general fund for fiscal year 1999 for an additional amount of bi-
27       weekly compensation for the following legislative officers equal to the
28       amount required to provide, along with the amount of biweekly compen-
29       sation otherwise payable, an aggregate amount of compensation per bi-
30       weekly pay period for such legislative officers as follows: (1) For the pres-
31       ident of the senate and the speaker of the house of representatives equal
32       to the amount required to provide an aggregate amount of $438.82 per
33       biweekly pay period for services performed in connection with discharg-
34       ing the duties assigned to the respective positions, (2) for the speaker pro
35       tem of the house of representatives, the vice president of the senate, the
36       assistant majority leaders of the senate and house of representatives, and
37       the assistant minority leaders of the senate and house of representatives
38       equal to the amount required to provide an aggregate amount of $223.97
39       per biweekly pay period for services performed in connection with dis-
40       charging the duties assigned to the respective positions, (3) for the chair-
41       person of the senate committee on ways and means and the chairperson
42       of the house of representatives committee on appropriations equal to the
43       amount required to provide an aggregate amount of $352.89 per biweekly

SB 643--Am. by H on FA

45

  1       pay period for services performed in connection with discharging the
  2       duties assigned to the respective positions, (4) for the majority leaders of
  3       the senate and house of representatives equal to the amount required to
  4       provide an aggregate amount of $395.89 per biweekly pay period for
  5       services performed in connection with discharging the duties assigned to
  6       the respective positions, and (5) the minority leaders of the senate and
  7       house of representatives equal to the amount required to provide an ag-
  8       gregate amount of $395.89 per biweekly pay period for services per-
  9       formed in connection with discharging the duties assigned to the respec-
10       tive positions: Provided, That expenditures for such purpose shall be
11       made in the same manner and at the same times that biweekly compen-
12       sation is payable to such legislative officers under K.S.A. 46-137b and
13       amendments thereto for the biweekly pay periods which commence on
14       or after June 14, 1998, and which are chargeable to fiscal year 1999.
15           (l) In addition to the other purposes for which expenditures may be
16       made by the legislative coordinating council from the legislative coordi-
17       nating council -- operations account of the state general fund for the
18       fiscal year ending June 30, 1999, expenditures shall be made by the leg-
19       islative coordinating council from the legislative coordinating council --
20       operations account of the state general fund for fiscal year 1999 for an
21       additional amount of per diem compensation equal to the amount re-
22       quired to provide, along with the amount of per diem compensation oth-
23       erwise payable, an aggregate amount of compensation of $72.06 per cal-
24       endar day for each member of the legislative coordinating council for any
25       calendar day occurring on or after June 14, 1998, for which per diem
26       compensation is payable from appropriations for the legislative coordi-
27       nating council under K.S.A. 46-1209 and amendments thereto to such
28       member as provided in K.S.A. 75-3212 and amendments thereto at the
29       rate prescribed by subsection (a) of K.S.A. 46-137a and amendments
30       thereto: Provided, That expenditures for such purposes shall be made in
31       the same manner and at the same times that per diem compensation is
32       payable to such members of the legislative coordinating council for the
33       biweekly pay periods for which such per diem compensation is payable
34       for calendar days occurring on or after June 14, 1998, and which are
35       chargeable to fiscal year 1999.
36           (m) In addition to the other purposes for which expenditures may be
37       made by the division of post audit from the operations (including legis-
38       lative post audit committee) account of the state general fund for the
39       fiscal year ending June 30, 1999, expenditures shall be made by the di-
40       vision of post audit from the operations (including legislative post audit
41       committee) account of the state general fund for fiscal year 1999 (1) for
42       an additional amount of per diem compensation equal to the amount
43       required to provide, along with the amount of per diem compensation

SB 643--Am. by H on FA

46

  1       otherwise payable, an aggregate amount of compensation of $72.06 per
  2       calendar day for each member of the legislative post audit committee for
  3       any calendar day occurring on or after June 14, 1998, for which per diem
  4       compensation is payable from appropriations for the division of post audit
  5       under K.S.A. 46-1104 and amendments thereto to such member as pro-
  6       vided in K.S.A. 75-3212 and amendments thereto at the rate prescribed
  7       by subsection (a) of K.S.A. 46-137a and amendments thereto, and (2) for
  8       an additional amount of per diem compensation equal to the amount
  9       required to provide, along with the amount of per diem compensation
10       otherwise payable, an aggregate amount of compensation of $72.06 per
11       calendar day for each member of the contract audit committee for any
12       calendar day occurring on or after June 14, 1998, for which per diem
13       compensation is payable from appropriations for the division of post audit
14       under K.S.A. 46-1120 and amendments thereto to such member as pro-
15       vided in K.S.A. 75-3223 and amendments thereto at the rate prescribed
16       by subsection (a) of K.S.A. 46-137a and amendments thereto: Provided,
17       That expenditures for such purposes shall be made in the same manner
18       and at the same times that per diem compensation is payable to such
19       members of the legislative post audit committee or contract audit com-
20       mittee for the biweekly pay periods for which such per diem compensa-
21       tion is payable for calendar days occurring on or after June 14, 1998, and
22       which are chargeable to fiscal year 1999.
23           (n) In addition to the other purposes for which expenditures may be
24       made by the judicial branch from the judiciary operations account of the
25       state general fund for the fiscal year ending June 30, 1999, expenditures
26       shall be made by the judicial branch from the judiciary operations account
27       of the state general fund for fiscal year 1999 (1) for an additional amount
28       of per diem compensation equal to the amount required to provide, along
29       with the amount of per diem compensation otherwise payable, an aggre-
30       gate amount of compensation of $72.06 per calendar day for each mem-
31       ber of the advisory council on dispute resolution for any calendar day
32       occurring on or after June 14, 1998, for which per diem compensation is
33       payable to such member of the advisory council on dispute resolution
34       under K.S.A. 5-505 and amendments thereto who is entitled, in accord-
35       ance with subsection (e) of K.S.A. 75-3223 and amendments thereto, to
36       receive such per diem compensation as provided in K.S.A. 75-3212 and
37       amendments thereto at the rate prescribed by subsection (a) of K.S.A.
38       46-137a and amendments thereto; and (2) for an additional amount of
39       per diem compensation equal to the amount required to provide, along
40       with the amount of per diem compensation otherwise payable, an aggre-
41       gate amount of compensation of $72.06 per calendar day for each retired
42       justice or judge who performs judicial service or duties under K.S.A.
43       20-2616 and amendments thereto for each calendar day occurring on or

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47

  1       after June 14, 1998, for which per diem compensation is payable to such
  2       retired justice or judge under K.S.A. 20-2616 and amendments thereto:
  3       Provided, That expenditures for such purposes shall be made in the same
  4       manner and at the same times that per diem compensation is payable to
  5       such members of the advisory council on dispute resolution or to such
  6       retired justices or judges for the biweekly pay periods for which such per
  7       diem compensation for calendar days occurring on or after June 14, 1998,
  8       is payable and which are chargeable to fiscal year 1999.
  9           (o) In addition to the other purposes for which expenditures may be
10       made by the judicial council from the operating expenditures account of
11       the state general fund for the fiscal year ending June 30, 1999, expendi-
12       tures shall be made by the judicial council from the operating expendi-
13       tures account of the state general fund for fiscal year 1999 for an addi-
14       tional amount of per diem compensation equal to the amount required
15       to provide, along with the amount of per diem compensation otherwise
16       payable, an aggregate amount of compensation of $72.06 per calendar
17       day for each member of the judicial council and for each regularly ap-
18       pointed member of a special committee of the judicial council who is not
19       a member of the judicial council for any calendar day occurring on or
20       after June 14, 1998, for which per diem compensation is payable to such
21       member of the judicial council or a special committee thereof under
22       K.S.A. 20-2206 and amendments thereto at the rate of compensation in
23       accordance with K.S.A. 75-3212 and amendments thereto at the rate pre-
24       scribed by subsection (a) of K.S.A. 46-137a and amendments thereto:
25       Provided, That expenditures for such purposes shall be made in the same
26       manner and at the same times that per diem compensation is payable to
27       such members of the judicial council or special committees thereof for
28       the biweekly pay periods for which such per diem compensation for cal-
29       endar days occurring on or after June 14, 1998, is payable and which are
30       chargeable to fiscal year 1999.
31           Sec. 50. (a) On and after the effective date of this act, no moneys
32       appropriated for the fiscal year ending June 30, 1998, or the fiscal year
33       ending June 30, 1999, for the attorney general or for any other state
34       agency shall be expended for any contingency fee payments or any other
35       compensation payments to any law firm that entered into the engagement
36       and contingency agreement with the attorney general, pursuant to such
37       engagement and contingency agreement, or for any activities or opera-
38       tions of the attorney general or the office of the attorney general con-
39       ducted or undertaken for the implementation or administration of or for
40       any other purpose regarding such engagement and contingency agree-
41       ment, except as specifically authorized and directed by this act with re-
42       spect to terminating such engagement and contingency agreement, nor
43       shall any other funds of any agency of the state government of Kansas be

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48

  1       utilized for any such purpose. It is the intent of this section to invoke and
  2       exercise the ``termination due to lack of funding appropriation'' clause,
  3       contained in the contractual provisions attachment form DA-146a, of the
  4       engagement and contingency agreement.
  5           (b) The attorney general is hereby authorized and directed to ter-
  6       minate forthwith the engagement and contingency agreement entered
  7       into by the attorney general with such law firms pursuant to the ``termi-
  8       nation due to lack of funding appropriation'' clause, contained in the
  9       contractual provisions attachment form DA-146a, of the engagement and
10       contingency agreement.
11           (c) As used in this section:
12           (1) ``Attorney general'' means the attorney general of the state of
13       Kansas and includes any officer or employee of the office of the attorney
14       general of the state of Kansas;
15           (2) ``law firm'' means any of the law firms of Entz & Chanay, P.A.,
16       Scruggs, Millette, Lawson, Bozeman & Dent, P. A., and Ness, Motley,
17       Loadholt, Richardson & Poole, P.A., and includes any attorney who is a
18       member of, who is employed by or who has contracted with or is other-
19       wise associated with or performing legal services for any such law firm;
20           (3) ``state agency'' has the meaning ascribed by K.S.A. 75-3701 and
21       amendments thereto;
22           (4) ``engagement and contingency agreement'' means the engage-
23       ment and contingency agreement entered into by the law firms with the
24       attorney general to provide legal services to the state of Kansas for the
25       purpose of seeking injunctive relief, monetary relief, including, without
26       limitation, damages and civil penalties, and other relief against tobacco
27       industry companies and related entities in litigation arising from the ad-
28       vertising, marketing, manufacturing, promotion, sale and/or distribution
29       of cigarettes and other tobacco products; and
30           (5) ``activities or operations'' means any normal operating activities or
31       operations of the attorney general or any of the officers or employees of
32       the office of the attorney general and includes any meetings, communi-
33       cations, legal work or any administrative activity of any kind participated
34       in or entered into or conducted in any manner by the attorney general
35       or any officer or employee of the office of the attorney general.
36           Sec. 51.
37      
STATE LIBRARY
38           (a) There is appropriated for the above agency from the state general
39       fund for the fiscal year or years specified, the following:
40      
41		 Grants to libraries and library systems
    For the fiscal year ending June 30, 1999		 $104,500
42           (b) On July 1, 1998, the amount prescribed by the proviso to the
43       grants to libraries and library systems account of the state general fund

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49

  1       in section 124(a) of 1998 Senate Bill No. 495 to be distributed as grants
  2       in aid to libraries in accordance with K.S.A. 75-2555 and amendments
  3       thereto is hereby increased from $2,375,121 to $2,479,621.
  4           Sec. 52.
  5      
KANSAS, INC.
  6           (a) In addition to the other purposes for which expenditures may be
  7       made by the above agency from the EDIF fund for the fiscal year ending
  8       June 30, 1999, as authorized by section 111(b) of 1998 Senate Bill No.
  9       495, expenditures may be made by the above agency from the EDIF fund
10       during fiscal year 1999 for the following specified purposes, subject to
11       the expenditure limitations prescribed therefor as follows:
12       Kansas export data base study $20,000
13       Annual survey of Kansas manufacturers $45,000
14           (b) On July 1, 1998, the expenditure limitation established by section
15       111(b) of 1998 Senate Bill No. 495 on the EDIF fund of Kansas, Inc., is
16       hereby increased from $169,563 to $247,563.
17           (c) On July 15, 1998, or as soon thereafter as moneys are available,
18       the director of accounts and reports shall transfer $65,000 from the Kan-
19       sas economic development endowment account of the state economic
20       development initiatives fund of the department of commerce and housing
21       to the EDIF fund of Kansas, Inc.
22           [Sec. 53.
23      
[INSURANCE DEPARTMENT
24           [(a) On July 1, 1998, the expenditure limitation established by
25       section 92(a) of 1998 Senate Bill No. 495 on the insurance depart-
26       ment service regulation fee fund is hereby increased from
27       $6,504,003 to $6,672,904.
28           [(b) On July 1, 1998, the position limitation established by sec-
29       tion 94 of 1998 Senate Bill No. 495 for the above agency is hereby
30       increased from 161.5 to 163.5.]
31           [Sec. 54. (a) On and after June 1, 1998, no moneys appropri-
32       ated for the fiscal year ending June 30, 1998, or the fiscal year
33       ending June 30, 1999, for the attorney general or for any other
34       state agency shall be expended to continue the case commenced
35       by the attorney general in the Shawnee County District Court to
36       challenge the constitutionality of the statewide system of property
37       tax valuation (State ex rel. Stovall v. The Kansas Department of Revenue,
38       case number 92 CV 796), unless the attorney general has moved
39       for dismissal of such case in accordance with the provisions of 1998
40       House Resolution No. 6022.]
41           Sec. 53. [55.] Appeals to exceed position limitations. The limitations
42       imposed by this act on the full-time equivalent number of full-time and
43       regular part-time positions, excluding seasonal and temporary positions,

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50

  1       paid from appropriations made in this act or in any appropriation act of
  2       the 1997 regular session of the legislature or in any other appropriation
  3       act of the 1998 regular session of the legislature may be exceeded upon
  4       approval of the state finance council.
  5           Sec. 54. [56.] Appeals to exceed expenditure limitations. Upon writ-
  6       ten application to the governor and approval of the state finance council,
  7       expenditures from special revenue funds may exceed the amounts spec-
  8       ified in this act.
  9           Sec. 55. [57.] Any state institutions building fund appropriation
10       heretofore appropriated to any state agency named in this or any other
11       appropriation act of the 1998 regular session of the legislature and having
12       an unencumbered balance as of June 30, 1998, in excess of $100 is hereby
13       reappropriated for the fiscal year ending June 30, 1999, for the same use
14       and purpose as originally appropriated, unless specific provision is made
15       for lapsing such appropriation.
16           Sec. 56. [58.] Any Kansas educational building fund appropriation
17       heretofore appropriated to any state agency named in this or other ap-
18       propriation act of the 1998 regular session of the legislature, and having
19       an unencumbered balance as of June 30, 1998, in excess of $100 is hereby
20       reappropriated for the fiscal year ending June 30, 1999, for the same uses
21       and purposes as originally appropriated unless specific provision is made
22       for lapsing such appropriation.
23           Sec. 57. [59.] Any correctional institutions building fund appropria-
24       tion heretofore appropriated to any state agency named in this or other
25       appropriation act of the 1998 regular session of the legislature, and having
26       an unencumbered balance as of June 30, 1998, in excess of $100 is hereby
27       reappropriated for the fiscal year ending June 30, 1999, for the same uses
28       and purposes as originally appropriated unless specific provision is made
29       for lapsing such appropriation.
30           Sec. 58. [60.] Any Kansas special capital improvements fund appro-
31       priation heretofore appropriated to any state agency named in this or
32       other appropriation act of the 1998 regular session of the legislature, and
33       having an unencumbered balance as of June 30, 1998, in excess of $100
34       is hereby reappropriated for the fiscal year ending June 30, 1999, for the
35       same uses and purposes as originally appropriated unless specific provi-
36       sion is made for lapsing such appropriation.
37           Sec. 59. [61.] Savings. Any unencumbered balance in any special
38       revenue fund, or account thereof, which is not otherwise specifically ap-
39       propriated or limited by this or any other appropriation act of the 1998
40       regular session of the legislature, is hereby reappropriated for the fiscal
41       year ending June 30, 1999, for the same use and purpose as the same was
42       heretofore appropriated.
43           Sec. 60. [62.] Any transfers of money during the fiscal year ending

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51

  1       June 30, 1999, from any special revenue fund of any state agency named
  2       in this act or in any other appropriation act of the 1997 regular session
  3       of the legislature to the audit services fund of the division of post audit
  4       under K.S.A. 46-1121 and amendments thereto shall be in addition to
  5       any expenditure limitation imposed on any such fund for the fiscal year
  6       ending June 30, 1999.
  7           Sec. 61. [63.] Effective date. This act shall take effect and be in force
  8       from and after its publication in the Kansas register.
  9