April 7, 2000

Journal of the Senate

SIXTY-FIRST DAY ______

Senate Chamber, Topeka, Kansas

Friday, April 7, 2000--9:00 a.m.

The Senate was called to order by President Dick Bond.

The roll was called with forty senators present.

Invocation by Chaplain Fred S. Hollomon:

Heavenly Father,

If I am to be a good legislator, I must really care about the people I represent.

I know that maybe most of them don't know my name.

I know that a lot of them are too young to vote.

I know that many of them never vote.

I know that quite a few of them voted for my opponent.

But a good legislator cares for all of them, for I represent all of them. I must try to look
out for their best interests.

I do this by keeping in touch with them. I need to know where they are hurting.

I look out for them by raising my voice on their behalf when dealing with issues concerning
them.

Sometimes this is not easy to do, because I have people on both sides of some issues.

But if it was an easy job, anybody could do it.

Sometimes I have to act as a point man or a point woman. I see things down the road
they can't see, and I have to make decisions which they don't understand at the time. This
can be dangerous to my political future. But if there were no risks, anyone could do it. And
I must look out for their best interests.

Sometimes I am criticized in ways that are not fair. But I must not let criticism distract
me from my commitment to do my best for them.

Help me, O God, to be a good legislator, whether I'm popular or unpopular, for later I
must answer to the person in the mirror, and ultimately I must answer to You.

I ask this in the Name of Christ,

AMEN

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was referred to Committee as indicated:

Assessment and Taxation: HB 2589.

CHANGE OF REFERENCE
The President withdrew HB 2372 from the Committee on Judiciary, and referred the
bill to the Committee on Ways and Means.

MESSAGE FROM THE GOVERNOR
SB 445, 475, 514, 517, 526, 528, 536, 549 approved on April 6, 1999.

MESSAGE FROM THE HOUSE
Announcing passage of HB 3030.

Also, passage of SB 660, as amended.

The House announces Reps O'Neal and Pauls are added as conferees to House
Substitute for SB 323.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 3030 was thereupon introduced and read by title.

CHANGE OF CONFERENCE
The President announced the appointment of Senators Vratil and Goodwin as additional
members of the Conference Committee on H Sub for SB 323.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Hensley introduced the following Senate resolution, which was read:

SENATE RESOLUTION No. 1842--

A RESOLUTION congratulating and commending the Osage City High School boys
basketball team and Coach Dennis Fort for winning the 2000 Class 3A State Basketball
Championship.

WHEREAS, The Osage City High School boys basketball team won the 2000 Kansas
State High School Activities Association Class 3A State Basketball Championship on March
11, 2000, at the Sports Arena in Hutchinson; and

WHEREAS, Osage City won the state championship with a thrilling 45-41 victory over
Thomas More Prep-Marian High School from Hays in the state championship game; and

WHEREAS, The Osage City team was an unlikely winner--Osage City had won its last
state championship basketball title in 1965. This year the team had to win two overtime
games to get to the finals: 61-55 over Hesston and 57-55 over the number one seed, Valley
Falls. With the support of the entire community, however, the team showed it had the heart
of a champion. After three unbelievable tournament games, the team, the pep band and
the team's many fans were able to return home exhausted, jubilant and victorious; and

WHEREAS, The Osage City High School ``Indians'' basketball team finished the season
with a 22-3 record and Jeff Lohmeyer was selected as All Class 3A first team; and

WHEREAS, The team's starting five were Conrad Carlson, Josh Briggs, Daniel Flax,
Chris Pitts and Jeff Lohmeyer; the other team members were Evan Jones, Josh Everhart,
William Barnhart, Kyle Loschke, Sam Briggs, Brandon Tobias and Josh Lieber; the team
managers were Brenna Tobias and April Loquist; and the coaches were Dennis Fort, head
coach, and Jeremy McDonell and Chris Kirkpatrick; and

WHEREAS, The members of this outstanding basketball team have received statewide
recognition for their fine sportsmanship and athletic abilities; and

WHEREAS, The success of this team is due to its excellent teamwork, strong competitive
spirit and determination to win plus the enthusiastic support of the school's administrators,
the faculty, the students, the players' parents and many area citizens: Now, therefore,

Be it resolved by the Senate of the State of Kansas: That the Osage City High School boys
basketball team and Coach Dennis Fort be congratulated and commended for winning the
2000 Kansas State High School Activities Association Class 3A State Basketball
Championship; and

Be it further resolved: That the Secretary of the Senate be directed to send five enrolled
copies of this resolution to Kendall Steffensen, Principal, Osage City High School, 420 S.
5th, Osage City, Kansas 66523-1358.

On emergency motion of Senator Hensley SR 1842 was adopted unanimously.

The winning team members and coach were introduced and congratulated.

Senators Salisbury, Petty and Hensley introduced the following Senate resolution, which
was read:

SENATE RESOLUTION No. 1843--

A RESOLUTION in memory of Bob Hentzen. WHEREAS, Bob Hentzen, 67, of Topeka, died March 18, 2000, in Topeka; and

WHEREAS, Bob Hentzen was admired and respected by his colleagues across the
country; he was a local legend in the Topeka area, known to many as ``Good Ol' Boy Bob
Hentzen''; and

WHEREAS, Bob Hentzen served as a Topeka Capital-Journal newspaper sports
columnist and editor from 1960 until his retirement in 1996, authoring more than 8,500
columns during that period; and

WHEREAS, Bob Hentzen was a mentor to many young writers and a friend to all who
knew him; and

WHEREAS, Bob Hentzen was honored by his peers by being named Kansas Sportswriter
of the Year--fifteen times since 1966, receiving the Bert McGrane Award from the Football
Writers Association of America in 1993, receiving the Curt Gowdy Media Award from the
Basketball Hall of Fame, being inducted into the United States Basketball Writers
Association Hall of Fame in 1990 and by receiving a lifetime membership in the Baseball
Writers Association of America. He was an active member of the Washburn University
Ichabod Club and served on its board of directors; and

WHEREAS, Bob Hentzen never used his pen to write harsh or unkind remarks about
any sports figure. He always looked at the positive aspects of life; and

WHEREAS, Bob Hentzen was a native of Seward, Nebraska, and a graduate of the
University of Oklahoma. He is survived by his mother, Margruite, and sister, Maxine; and

WHEREAS, Bob Hentzen will be greatly missed by all who knew him. The City of Topeka
has benefited greatly from his entertaining columns and his generous involvement in the
community over the years; Now, therefore,

Be it resolved by the Senate of the State of Kansas: That we extend our deepest sympathy
to the family and friends of Bob Hentzen; and

Be it further resolved: That the Secretary of the Senate be directed to send an enrolled
copy of this resolution to Mrs. Margruite Hentzen, 1608 SW 37th Street, Topeka, Kansas
66614, to Mrs. Maxine McFarland, 1145 Heather, Sterling, Colorado 80751 and to Mr. John
Goossen, Publisher, Topeka Capital-Journal Newspaper, 616 SE Jefferson, Topeka, Kansas
66607.

On emergency motion of Senator Salisbury SR 1843 was adopted unanimously.

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

SENATE RESOLUTION No. 1844--

A RESOLUTION congratulating and commending Paul Sawyer. WHEREAS, Paul Sawyer of Norton will celebrate his 100th birthday on May 30. He was
born on May 30, 1900, at Jamaica Plain, Massachusetts, one of seven children born to
Ferdinand and Martha Schlichting; and

WHEREAS, Paul Sawyer worked as a gardener on large estates in Massachusetts and in
the wholesale florist business for many years. Following his retirement he was Sexton of the
Unitarian Church in Concord, Massachusetts; and

WHEREAS, Paul Sawyer and his wife, Mildred Dodge Sawyer, moved to Norton in 1995
where both are now residing at the Andbe Home. On June 13 they will celebrate their 69th
wedding anniversary. They are the parents of two daughters, Marie Holbrook and Jane
Kersenbrock, six grandchildren and 10 great-grandchildren: Now, therefore,

Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Paul Sawyer upon his long and successful life, and wish him a joyous 100th birthday; and

Be it further resolved: That the Secretary of the Senate be directed to send three enrolled
copies of this resolution to Paul Sawyer, Andbe Home, 201 West Crane Street, Norton,
Kansas 67654.

On emergency motion of Senator Clark SR 1844 was adopted unanimously.

CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2034, submits the following report:

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

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

Dave Kerr

Alicia L. Salisbury
Conferees on the part of Senate

Kenny A. Wilk

Deena Horst
Conferees on part of House

On motion of Senator Kerr, the Senate adopted the conference committee report on
HB 2034, and requested a new conference committee be appointed.

The President appointed Senators Kerr, Salisbury and Petty as a second conference
committee on the part of the Senate on HB 2034.

REPORT ON ENGROSSED BILLS
SB 669 reported correctly engrossed April 7, 2000.

Also, SB 513 correctly re-engrossed April 7, 2000.

REPORT ON ENROLLED BILLS
SB 24; H Sub for Sub for SB 257; SB 501, 586, 588, 611, 657 reported correctly
enrolled, properly signed and presented to the Governor on April 7, 2000.

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

On motion of Senator Ranson the following report for the morning session was adopted:

Sub SB 633 be amended by adoption of the committee report recommending a substitute
bill, be adopted.

Also, the committee report amendments be adopted, and Sub SB 633 be passed as
amended.

SB 668 be amended by adoption of the committee amendments, be further amended by
motion of Senator Huelskamp as amended by Senate Committee, on page 1, in line 42,
after the period, by inserting: ``Small employer also includes any self-employed person.'',
and SB 668 be passed as further amended.

Sub SB 547; S Sub for Sub HB 2864 be passed over and retain a place on the calendar.

On motion of Senator Emert, the Senate recessed until 2:00 p.m.

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

CHANGE OF REFERENCE
The President withdrew HB 2372 from the Committee on Ways and Means, and
rereferred the bill to the Committee on Judiciary.

MESSAGE FROM THE HOUSE
Announcing, the House adopts the Conference Committee report to agree to disagree
on HB 2011 and has appointed Representatives Aurand, Wilk and Minor as second
conferees on the part of the House.

The House adopts the Conference committee report to agree to disagree on HB 2034
and has appointed Representatives Wilk, Horst and Sharp as second conferees on the part
of the House.

The House nonconcurs in Senate amendments to Substitute HB 2013, requests a
conference and has appointed Reps. Powell, Hutchins and Klein as conferees on the part
of the House. The House nonconcurs in Senate amendments to HB 2355, requests a
conference and has appointed Reps. Adkins, Neufeld and Reardon as conferees on the part
of the House.

The House nonconcurs in Senate amendments to Senate Substitute for HB 2559,
requests a conference and has appointed Reps. Adkins, Neufeld and Nichols as conferees
on the part of the House.

The House announces the appointment of Reps. Powell, Hutchins and Klein to replace
Reps. O'Neal, Carmody and Pauls as conferees on SB 181.

Announcing, the House concurs in Senate amendments to Substitute HB 2323.

The House concurs in Senate amendments to Substitute HB 2169 and requests the
Senate to return the bill.

The House concurs in Senate amendments to HB 2696 and requests the Senate to return
the bill.

The House concurs in Senate amendments to HB 2755 and requests the Senate to return
the bill.

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

The House adopts the conference committee report on HB 2674.

The House adopts the conference committee report on HB 2659.

The House adopts the conference committee report on HB 2727.

The House adopts the conference committee report on HB 2772.

The House adopts the conference committee report on Senate Substitute HB 2879.

The House adopts the conference committee report on HB 2976.

The House adopts the conference committee report on HCR 5063.

Announcing, the House not adopts the conference committee report on House
Substitute for SB 326, requests a conference and appoints Representatives Adkins,
Neufeld and Reardon as third conferees on the part of the House.

ORIGINAL MOTION
On motion of Senator Kerr, the Senate acceded to the request of the House for a
conference on H Sub for SB 326.

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

CHANGE OF CONFERENCE
The President announced the appointment of Senators Jordan, Harrington and Gilstrap
as members of the Conference Committee on SB 181 to replace Senators Emert, Pugh and
Goodwin.

CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2648, submits the following report:

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

On page 3, by striking all in lines 35 through 43;

On page 4, by striking all in lines 1 through 25;

And by relettering the remaining subsections accordingly;

Also on page 4, in line 30, by striking ``this section'' and inserting ``the laws of this state'';

On page 14, after line 40, by inserting the following:

``Sec. 10. On and after July 1, 2000, K.S.A. 75-4203 is hereby amended to read as
follows: 75-4203. The treasurer shall prepare daily deposits in accordance with K.S.A. 75-
4206, and amendments thereto. The ~~director of accounts and reports~~ treasurer shall prepare
and provide a form upon which all daily deposits shall be listed in sufficient detail to make
effective the purposes of this act, and such form shall be called ~~``daily deposit form.''~~ the
``daily cash sheet.'' The daily ~~deposit form~~ cash sheet shall be completed in sufficient copies,
and there shall be delivered daily one copy thereof to the director of accounts and reports
and one copy shall be retained by the treasurer. Before any deposit of state moneys is made,
each copy of the daily ~~deposit form~~ cash sheet shall be signed by the treasurer or a deputy
duly authorized by the treasurer.

Sec. 11 On and after July 1, 2000, K.S.A. 75-4204 is hereby amended to read as follows:
75-4204. All orders of the treasurer transferring moneys from one state bank account to
another shall be signed ~~both~~ by the treasurer or the treasurer's duly authorized deputy ~~and~~
~~director of accounts and reports or the director's duly authorized assistant~~.

Sec. 12. On and after July 1, 2000, K.S.A. 10-506 is hereby amended to read as follows:
10-506. The state treasurer shall ~~open an account on his or her books, to be known as the~~
~~``fiscal agency commission fund,'' to which shall be credited~~ deposit all sums received under
the provisions of K.S.A. 10-505~~. At the end of the fiscal year all sums credited to this fund~~
~~shall be turned into the general revenue fund of the state~~, and amendments thereto, in the
state treasury and credit it to the bond services fee fund established under K.S.A. 10-108,
and amendments thereto.

Sec. 13. On and after July 1, 2000, K.S.A. 10-603 is hereby amended to read as follows:
10-603. On the maturity of any registered bond, it shall be forwarded by the holder to the
state treasurer, who shall collect the same and pay the proceeds to the last registered holder
thereof. All fees collected under the provisions of this act shall be deposited in the state
treasury and credited to the ~~general fund of the state~~ bond services fee fund established
under K.S.A. 10-108, and amendments thereto.

Sec. 14. On and after July 1, 2000, K.S.A. 10-627 is hereby amended to read as follows:
10-627. The transfer agent may charge to the presentor of a bond a transfer fee in an amount
not to exceed the amount fixed by the state treasurer. The state treasurer shall fix the amount
of the fee on July 1, 1983, and may adjust the amount annually thereafter. All fees collected
by the state treasurer under the provisions of the Kansas bond registration law shall be
deposited in the state treasury and credited to the bond services fee fund established under
K.S.A. 10-108, and amendments thereto.'';

And by renumbering sections accordingly;

On page 15, before line 1, by inserting the following:

``Sec. 16. On and after July 1, 2000, K.S.A. 10-506, 10-603, 10-627, 75-4203 and 75-
4204 are hereby repealed.'';

And by renumbering the remaining section accordingly;

In the title, in line 12, after ``concerning'' by inserting ``the state treasurer; relating to'';
in line 13, before ``amending'' by inserting ``relating to state moneys; relating to municipal
bond program fees;''; also in line 13, before ``58-3955,'' by inserting ``10-506, 10-603, 10-
627,''; in line 14, by striking ``and 58-3968'' and inserting ``, 58-3952, 75-4203 and 75-4204'';

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

Tim Emert

Stan Clark

Paul Feleciano, Jr.
Conferees on the part of Senate

Robert Tomlinson

Don Myers

Eber Phelps
Conferees on part of House

Senator Emert moved the Senate adopt the Conference Committee Report on HB 2648.

On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

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

The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee conference on Senate amendments
to HB 2700, submits the following report:

The Senate recedes from all of its amendments to the bill made in Senate Committee of
the Whole;

And the House accedes to all of the Senate Committee amendments to the bill;

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

Sandy Praeger

Larry D. Salmans

Chris Steineger
Conferees on the part of Senate

Garry Boston

Gerald G. Geringer

Jerry Henry
Conferees on part of House

Senator Praeger moved the Senate adopt the Conference Committee Report on
HB 2700.

On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

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

The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee conference on Senate amendments
to HB 2780, submits the following report:

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

On page 3, after line 16, by inserting the following:

``Sec. 2. Notwithstanding the provisions of 2000 Senate Concurrent Resolution No.
1606 to the contrary, the governor shall make the report on the findings of the examination
of the various secretaries of the executive branch concerning statutes and rules and
regulations and the identification of funds available for training, retraining and continuing
education of long-term care staff of adult care homes as provided in such resolution to the
board of adult care home administrators, the secretary of health and environment and the
legislature during the 2001 legislative session rather than the 2000 legislative session.'';

And by renumbering the remaining section accordingly;

In the title, in line 12, after ``ACT'' by inserting ``concerning long-term care;''; in line 14,
before the period, by inserting ``; concerning long-term care staff'';

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

Sandy Praeger

Larry D. Salmans

Chris Steineger
Conferees on the part of Senate

Garry Boston

Gerald G. Geringer

Jerry Henry
Conferees on part of House

Senator Praeger moved the Senate adopt the Conference Committee Report on
HB 2780.

On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

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

The Conference Committee report was adopted.

REPORTS OF STANDING COMMITTEES
Committee on Judiciary recommends SB 341 be amended by substituting a new bill to
be designated as ``Senate Substitute for SENATE BILL No. 341,'' as follows:

``SENATE Substitute for SENATE BILL No. 341 By Committee on Judiciary

``AN ACT concerning driving under the influence of alcohol or drugs; relating to suspension
of license; administrative hearing procedure; reinstatement; penalties; amending K.S.A.
1999 Supp. 8-241, 8-1002, 8-1014 and 8-1567a and repealing the existing sections.'';

and the substitute bill be passed.

COMMITTEE OF THE WHOLE
The Committee of the Whole resumed consideration of bills on the calendar under the
heading of General Orders, with Senator Ranson in the chair.

On motion of Senator Ranson the following report for the afternoon session was adopted:

The committee report on SB 547 recommending a Sub SB 547 be adopted, and the
substitute bill be passed.

The committee report on HB 2082 recommending a S Sub for HB 2082 be adopted,
and the substitute bill be passed.

S Sub for Sub HB 2864 be amended by adoption of the committee report
recommending a substitute bill, be amended by motion of Senator Hardenburger on page
1, in line 24, by striking ``local government'' and inserting ``public agency''; by striking all in
line 27; in line 28, by striking all before ``and''; in line 29, by striking ``(5)'' and inserting
``(4)'';

On page 8, in line 18, by striking all after ``(a)''; by striking all in lines 19 through 23 and
inserting in lieu thereof the following: ``Any public agency which denies access to a public
record under the open records act without a reasonable basis in fact or law to make such
denial, and with specific intent to violate this act, shall be liable for the payment of a civil
penalty in an action brought by the attorney general or county or district attorney, in a sum
set by the court of not to exceed $500 for each violation.'', and S Sub for Sub HB 2864
be passed as amended.

SB 671 be amended by adoption of the committee amendments, be further amended by
motion of Senator Gooch on page 1, in line 22, by striking ``35'' and inserting ``40''; in line
25, by striking ``35'' and inserting ``40''

Senator Oleen further amended the bill as amended by Senate Committee, on page 11,
following line 24, by inserting:

``Sec. 7. K.S.A. 1999 Supp. 8-1,126 is hereby amended to read as follows: 8-1,126. When
a motor vehicle which bears a special license plate or placard issued pursuant to K.S.A. 8-
1,125, and amendments thereto, is being operated by or used for the transportation of a
person with a disability, such motor vehicle:

(a) May be parked in any parking space, whether on public or private property, which
is clearly marked as being reserved for the use of persons with a disability or persons
responsible for the transportation of a person with a disability, except a parking space on
private property which is clearly marked as being reserved for the use of a specified person
with a disability;

(b) may be parked for a period of time not to exceed 24 hours in any parking zone
which is restricted as to the length of parking time permitted, except where stopping,
standing or parking is prohibited to all vehicles, where parking is reserved for special types
of vehicles or where parking would clearly present a traffic hazard; and

(c) shall be exempt from any parking meter fees of the state or any city, county or other
political subdivision.'';

By renumbering sections accordingly;

Also on page 11, in line 25, following ``Supp.'' by inserting ``8-1,126,'';

In the title, in line 10, preceding ``amending'' by inserting ``relating to parking privileges
for persons with disabilities''; in line 11, following ``Supp.'' by inserting ``8-1,126,'', and SB
671 be passed as further amended.

FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and Sub SB 547, Sub SB 633; SB 668, 671; S Sub for HB 2082; S Sub for Sub HB
2864 were advanced to Final Action and roll call.

Sub SB 547, An act concerning insurance; providing coverage for certain mental health
conditions; authorizing gynecological care under certain circumstances without visiting a
primary care provider.

On roll call, the vote was: Yeas 36, Nays 4, Present and Passing 0, Absent or Not Voting
0.

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

Nays: Brownlee, Huelskamp, Tyson, Vratil.

The substitute bill passed.

EXPLANATION OF VOTE Mr. President: I vote no on SB 547 because it eliminates first dollar coverage on several
mental illnesses which need this type of coverage. In addition, it increases the out-of-pocket
expense for these same people who are losing this coverage.

The portion of the bill addressing direct access to OB/GYNs is worded so as to further
complicate the specialist/family doctor relationship.--Karin Brownlee

Senator Tyson requests the record to show he concurs with explanation of vote offered
by Senator Brownlee on SB 547.

Sub SB 633, An act concerning children in need of care; amending K.S.A. 38-1503, 38-
1531, 38-1566, 38-1567, 38-1568 and 75-3329 and K.S.A. 1999 Supp. 38-1502, 38-1507, 38-
1513, 38-1532, 38-1542, 38-1543, 38-1544, 38-1562, 38-1563, 38-1565, 38-1581, 38-1583,
38-1584, 38-1585, 38-1587 and 38-1591 and repealing the existing sections.

On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

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

The substitute bill passed, as amended.

SB 668, An act concerning the establishment of the Kansas business health partnership.

On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

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

The bill passed, as amended.

SB 671, An act regulating traffic; concerning low-speed vehicles; relating to parking
privileges for persons with disabilities; amending K.S.A. 8-1701 and 8-1717 and K.S.A. 1999
Supp. 8-1,126, 8-1486 and 8-2118 and repealing the existing sections.

On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

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

The bill passed, as amended.

S Sub for HB 2082, An act concerning administrative hearings; relating to the office of
administrative hearings; amending K.S.A. 75-37,121 and repealing the existing section.

On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 1, Absent or Not Voting
0.

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

Present and Passing: Gooch.

The substitute bill passed.

S Sub for Sub HB 2864, An act concerning public records; providing for local freedom
of information officers; prescribing the powers and duties thereof; amending K.S.A. 45-222
and 45-223 and K.S.A. 1999 Supp. 45-221 and repealing the existing sections.

On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

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

The substitute bill passed, as amended.

ORIGINAL MOTION
On motion of Senator Oleen, the Senate acceded to the request of the House for a
conference on Sub HB 2013.

The President appointed Oleen, Vratil and Jones as conferees on the part of the Senate.

On motion of Senator Oleen, the Senate acceded to the request of the House for a
conference on HB 2355.

The President appointed Oleen, Harrington and Petty as conferees on the part of the
Senate.

On motion of Senator Kerr, the Senate acceded to the request of the House for a
conference on S Sub for HB 2559.

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

On motion of Senator Emert, the Senate recessed until 5:00 p.m.

______ EVENING SESSION The Senate met pursuant to recess with President Bond in the chair.

MESSAGE FROM THE GOVERNOR
SB 503 approved on April 7, 2000.

CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2034, submits the following report:

The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed as Amended by Senate on Final
Action, as follows:

On page 1, after line 24, by inserting the following:

``New Section 1. Each fiscal year commencing after June 30, 2001, the secretary of
administration shall prepare and distribute to each state officer or employee an annual one-
page summary of such officer or employee's compensation package from the state, including
salary, benefits under the state health care benefits program of the Kansas state employees
health care commission, the cafeteria plan administered by the secretary of administration,
retirement, insured and other benefits under the Kansas public employees retirement
system, paid leave and other benefits provided for under the Kansas civil service act and
any other benefits provided to such officer or employee.'';

And by renumbering sections accordingly;

Also on page 1, in line 25, before ``K.S.A.'' by inserting ``On July 11, 2000,''; in line 27,
by striking ``June 13, 1999'' and inserting ``June 11, 2000''; in line 33, by striking ``June 13,
1999'' and inserting ``June 11, 2000''; in line 40, by striking ``shall'' and inserting ``may'';

On page 3, in line 13, by striking all before ``enacted'' and inserting ``legislation''; in line
14, before ``shall'' by inserting ``, except the actuarial cost of section 9,'';

On page 6, in line 34, by striking all before ``enacted'' and inserting ``legislation''; in line
35, by striking all after ``legislature''; in line 36, by striking ``in'' and inserting ``, except the
actuarial cost of section 9, shall be in addition to the employer contribution rates certified
for'';

On page 7, after line 26, by inserting the following:

``Sec. 5. K.S.A. 1999 Supp. 74-4927 is hereby amended to read as follows: 74-4927. (1)
The board may establish a plan of death and long-term disability benefits to be paid to the
members of the retirement system as provided by this section. The long-term disability
benefit shall not be payable until the member has been prevented from carrying out each
and every duty pertaining to the member's employment as a result of sickness or injury for
a period of 180 days and the annual benefit shall not exceed an amount equal to 662/3% of
the member's annual rate of compensation on the date such disability commenced and shall
be payable in equal monthly installments. In the event that a member's compensation is not
fixed at an annual rate but on an hourly, weekly, biweekly, monthly or any other basis than
annual, the board shall prescribe by rule and regulation a formula for establishing a
reasonable rate of annual compensation to be used in determining the amount of the death
or long-term disability benefit for such member. Such plan shall provide that:

(A) For deaths occurring prior to January 1, 1987, the right to receive such death benefit
shall cease upon the member's attainment of age 70 or date of retirement whichever first
occurs. The right to receive such long-term disability benefit shall cease (i) for a member
who becomes eligible for such benefit before attaining age 60, upon the date that such
member attains age 65 or the date of such member's retirement, whichever first occurs, (ii)
for a member who becomes eligible for such benefit at or after attaining age 60, the date
that such member has received such benefit for a period of five years, upon the date that
such member attains age 70, or upon the date of such member's retirement, whichever first
occurs, (iii) for all disabilities incurred on or after January 1, 1987, for a member who
becomes eligible for such benefit at or after attaining age 70, the date that such member
has received such benefit for a period of 12 months or upon the date of such member's
retirement, whichever first occurs, and (iv) for all disabilities incurred on or after January
1, 1987, for a member who becomes eligible for such benefit at or after attaining age 75,
the date that such member has received such benefit for a period of six months or upon
the date of such member's retirement, whichever first occurs.

(B) Long-term disability benefit payments shall be in lieu of any accidental total
disability benefit that a member may be eligible to receive under subsection (3) of K.S.A.
74-4916 and amendments thereto. The member must make an initial application for social
security disability benefits and, if denied such benefits, the member must pursue and exhaust
all administrative remedies of the social security administration which include, but are not
limited to, reconsideration and hearings. Such plan may provide that any amount which a
member receives as a social security benefit or a disability benefit or compensation from
any source by reason of any employment including, but not limited to, workers compensation
benefits may be deducted from the amount of long-term disability benefit payments under
such plan. During the period in which such member is pursuing such administrative
remedies prior to a final decision of the social security administration, social security
disability benefits may be estimated and may be deducted from the amount of long-term
disability benefit payments under such plan. Such long-term disability payments shall accrue
from the later of the 181st day of total disability or the first day upon which the member
ceases to draw compensation from the employer. If the social security benefit, workers
compensation benefit, other income or wages or other disability benefit by reason of
employment, or any part thereof, is paid in a lump-sum, the amount of the reduction shall
be calculated on a monthly basis over the period of time for which the lump-sum is given.
In no case shall a member who is entitled to receive long-term disability benefits receive
less than $50 per month. As used in this section, ``workers compensation benefits'' means
the total award of disability benefit payments under the workers compensation act
notwithstanding any payment of attorney fees from such benefits as provided in the workers
compensation act.

(C) The plan may include other provisions relating to qualifications for benefits;
schedules and graduation of benefits; limitations of eligibility for benefits by reason of
termination of employment or membership; conversion privileges; limitations of eligibility
for benefits by reason of leaves of absence, military service or other interruptions in service;
limitations on the condition of long-term disability benefit payment by reason of improved
health; requirements for medical examinations or reports; or any other reasonable provisions
as established by rule and regulation of uniform application adopted by the board.

(D) On and after April 30, 1981, the board may provide under the plan for the
continuation of long-term disability benefit payments to any former member who forfeits
the entitlement to continued service credit under the retirement system or continued
assistance in the purchase of retirement annuities under K.S.A. 74-4925 and amendments
thereto and to continued long-term disability benefit payments and continued death benefit
coverage, by reason of the member's withdrawal of contributions from the retirement system
or the repurchase of retirement annuities which were purchased with assistance received
under K.S.A. 74-4925 and amendments thereto. Such long-term disability benefit payments
may be continued until such individual dies, attains age 65 or is no longer disabled,
whichever occurs first.

(E) Any visually impaired person who is in training at and employed by a sheltered
workshop for the blind operated by the secretary of social and rehabilitation services and
who would otherwise be eligible for the long-term disability benefit as described in this
section shall not be eligible to receive such benefit due to visual impairment as such
impairment shall be determined to be a preexisting condition.

(2) (A) In the event that a member becomes eligible for a long-term disability benefit
under the plan authorized by this section such member shall be given participating service
credit for the entire period of such disability. Such member's final average salary shall be
computed in accordance with subsection (17) of K.S.A. 74-4902 and amendments thereto
except that the years of participating service used in such computation shall be the years of
salaried participating service.

(B) In the event that a member eligible for a long-term disability benefit under the plan
authorized by this section shall be disabled for a period of five years or more immediately
preceding retirement, such member's final average salary shall be adjusted upon retirement
by the actuarial salary assumption rates in existence during such period of disability.
Effective July 1, 1993, such member's final average salary shall be adjusted upon retirement
by 5% for each year of disability after July 1, 1993, but before July 1, 1998. Effective July
1, 1998, such member's final average salary shall be adjusted upon retirement by an amount
equal to the lesser of: (i) The percentage increase in the consumer price index for all urban
consumers as published by the bureau of labor statistics of the United States department
of labor minus 1%; or (ii) four percent per annum, measured from the month the disability
occurs to the month that is two months prior to the month of retirement, for each year of
disability after July 1, 1998.

(C) In the event that a member eligible for a long-term disability benefit under the plan
authorized by this section shall be disabled for a period of five years or more immediately
preceding death, such member's current annual rate shall be adjusted by the actuarial salary
assumption rates in existence during such period of disability. Effective July 1, 1993, such
member's current annual rate shall be adjusted upon death by 5% for each year of disability
after July 1, 1993, but before July 1, 1998. Effective July 1, 1998, such member's current
annual rate shall be adjusted upon death by an amount equal to the lesser of: (i) The
percentage increase in the consumer price index for all urban consumers published by the
bureau of labor statistics of the United States department of labor minus 1%; or (ii) four
percent per annum, measured from the month the disability occurs to the month that is
two months prior to the month of death, for each year of disability after July 1, 1998.

(3) (A) To carry out the legislative intent to provide, within the funds made available
therefor, the broadest possible coverage for members who are in active employment or
involuntarily absent from such active employment, the plan of death and long-term disability
benefits shall be subject to adjustment from time to time by the board within the limitations
of this section. The plan may include terms and provisions which are consistent with the
terms and provisions of group life and long-term disability policies usually issued to those
employers who employ a large number of employees. The board shall have the authority to
establish and adjust from time to time the procedures for financing and administering the
plan of death and long-term disability benefits authorized by this section. Either the insured
death benefit or the insured disability benefit or both such benefits may be financed directly
by the system or by one or more insurance companies authorized and licensed to transact
group life and group accident and health insurance in this state.

(B) The board may contract with one or more insurance companies, which are
authorized and licensed to transact group life and group accident and health insurance in
Kansas, to underwrite or to administer or to both underwrite and administer either the
insured death benefit or the long-term disability benefit or both such benefits. Each such
contract with an insurance company under this subsection shall be entered into on the basis
of competitive bids solicited and administered by the board. Such competitive bids shall be
based on specifications prepared by the board.

(i) In the event the board purchases one or more policies of group insurance from such
company or companies to provide either the insured death benefit or the long-term disability
benefit or both such benefits, the board shall have the authority to subsequently cancel one
or more of such policies and, notwithstanding any other provision of law, to release each
company which issued any such canceled policy from any liability for future benefits under
any such policy and to have the reserves established by such company under any such
canceled policy returned to the system for deposit in the group insurance reserve of the
fund.

(ii) In addition, the board shall have the authority to cancel any policy or policies of
group life and long-term disability insurance in existence on the effective date of this act
and, notwithstanding any other provision of law, to release each company which issued any
such canceled policy from any liability for future benefits under any such policy and to have
the reserves established by such company under any such canceled policy returned to the
system for deposit in the group insurance reserve of the fund. Notwithstanding any other
provision of law, no premium tax shall be due or payable by any such company or companies
on any such policy or policies purchased by the board nor shall any brokerage fees or
commissions be paid thereon.

(4) (A) There is hereby created in the state treasury the group insurance reserve fund.
Investment income of the fund shall be added or credited to the fund as provided by law.
The cost of the plan of death and long-term disability benefits shall be paid from the group
insurance reserve fund, which shall be administered by the board. Except as otherwise
provided by this subsection, each participating employer shall appropriate and pay to the
system in such manner as the board shall prescribe in addition to the employee and employer
retirement contributions an amount equal to .6% of the amount of compensation on which
the members' contributions to the Kansas public employees retirement system are based
for deposit in the group insurance reserve fund. Notwithstanding the provisions of this
subsection, no participating employer shall appropriate and pay to the system any amount
provided for by this subsection for deposit in the group insurance reserve fund for the period
commencing on April 1, 2000, and ending on June 30, 2001.

(B) The director of the budget and the governor shall include in the budget and in the
budget request for appropriations for personal services a sum to pay the state's contribution
to the group insurance reserve fund as provided by this section and shall present the same
to the legislature for allowances and appropriation.

(C) The provisions of subsection (4) of K.S.A. 74-4920 and amendments thereto shall
apply for the purpose of providing the funds to make the contributions to be deposited to
the group insurance reserve fund.

(D) Any dividend or retrospective rate credit allowed by an insurance company or
companies shall be credited to the group insurance reserve fund and the board may take
such amounts into consideration in determining the amounts of the benefits under the plan
authorized by this section.

(5) The death benefit provided under the plan of death and long-term disability benefits
authorized by this section shall be known and referred to as insured death benefit. The
long-term disability benefit provided under the plan of death and long-term disability
benefits authorized by this section shall be known and referred to as long-term disability
benefit.

(6) The board is hereby authorized to establish an optional death benefit plan. Except
as provided in subsection (7), such optional death benefit plan shall be made available to
all employees who are covered or may hereafter become covered by the plan of death and
long-term disability benefits authorized by this section. The cost of the optional death benefit
plan shall be paid by the applicant either by means of a system of payroll deductions or
direct payment to the board. The board shall have the authority and discretion to establish
such terms, conditions, specifications and coverages as it may deem to be in the best interest
of the state of Kansas and its employees which should include term death benefits for the
person's period of active state employment regardless of age, but in no case, on and after
January 1, 1989, shall the maximum allowable coverage be less than $200,000. The cost of
the optional death benefit plan shall not be established on such a basis as to unreasonably
discriminate against any particular age group. The board shall have full administrative
responsibility, discretion and authority to establish and continue such optional death benefit
plan and the director of accounts and reports of the department of administration shall when
requested by the board and from funds appropriated or available for such purpose establish
a system to make periodic deductions from state payrolls to cover the cost of the optional
death benefit plan coverage under the provisions of this subsection (6) and shall remit all
deductions together with appropriate accounting reports to the system. There is hereby
created in the state treasury the optional death benefit plan reserve fund. Investment income
of the fund shall be added or credited to the fund as provided by law. All funds received by
the board, whether in the form of direct payments, payroll deductions or otherwise, shall
be accounted for separately from all other funds of the retirement system and shall be paid
into the optional death benefit plan reserve fund, from which the board is authorized to
make the appropriate payments and to pay the ongoing costs of administration of such
optional death benefit plan as may be incurred in carrying out the provisions of this
subsection (6).

(7) Any employer other than the state of Kansas which is currently a participating
employer of the Kansas public employees retirement system or is in the process of affiliating
with the Kansas public employees retirement system may also elect to affiliate for the
purposes of subsection (6). All such employers shall make application for affiliation with
such system, to be effective on January 1 next following application. Such optional death
benefit plan shall not be available for employees of employers specified under this subsection
until after July 1, 1988.

Sec. 6. K.S.A. 1999 Supp. 74-4927f is hereby amended to read as follows: 74-4927f. (a)
For the purposes of providing the ``insured death benefit'' as prescribed in K.S.A. 74-4927
and amendments thereto, to all persons who are members of the retirement system for
judges~~, on and after the first day of the first payroll period of the fiscal year ending June~~
~~30, 1984~~, the term ``member'' as used in K.S.A. 74-4927 and amendments thereto, and as
used in this section shall include members of the retirement system for judges.

(b) Except as otherwise provided by this subsection, the employer of any member who
is a member of the retirement system for judges shall pay to the Kansas public employees
retirement system in such manner as the board of trustees shall prescribe, an amount equal
to .4% of the amount of compensation on which the member's contributions to the
retirement system for judges are based for deposit in the group insurance reserve of the
Kansas public employees retirement fund, ~~beginning with the first day of the first payroll~~
~~period of the fiscal year ending June 30, 1984, and each payroll period thereafter,~~ in lieu of
the amount required to be paid under subsection (4) of K.S.A. 74-4927 and amendments
thereto. Notwithstanding the provisions of this subsection, no employer shall pay to the
system any amount provided for by this subsection for deposit in the group insurance reserve
fund for the fiscal year ending June 30, 2001.

~~(c) Coverage under the plan of death benefits shall begin with the first day of the first~~
~~payroll period of the fiscal year ending June 30, 1984, for such members and other persons~~
~~as defined in this section.~~'';

And by renumbering sections accordingly;

On page 9, in line 25, by striking all before ``enacted'' and inserting ``legislation''; in line
26, before ``shall'' by inserting ``, except the actuarial cost of section 9,'';

On page 10, by striking all in lines 5 through 7; by striking all in lines 34 and 35;

On page 11, after line 7, by inserting the following:

``New Sec. 9. (a) Each retirant who is entitled to receive a retirement benefit, pension
or annuity payment from a retirement system or who is a local school annuitant shall be
entitled to receive a retirant dividend payment as specified in this section. Such retirant
dividend payment shall be paid in addition to the amount of the annual retirement benefit,
pension or annuity payment to which the retirant is otherwise entitled and shall be paid in
the form of an additional payment which shall be made on October 1, 2000.

(b) Each such retirement dividend payment as provided in this section shall be payable
to the retirant in an amount equal to 50% of the retirement benefit payment such retirant
is entitled to receive on July 1, 2000.

(c) Each such retirant dividend payment shall be paid by the retirement system to the
retirant and the local school annuitant and shall be payable from the Kansas public
employees retirement fund.

(d) As used in this section:

(1) ``Retirant'' means (A) any person who is a member of a retirement system and who
retired prior to July 1, 1999, (B) any person who is a special member of a retirement system
and who retired prior to July 1, 1999, (C) any person who is a joint annuitant or beneficiary
of any member described in clause (A) or any special member described in clause (B), and
(D) any insured disability benefit recipient.

(2) ``Retirement system'' means the Kansas public employees retirement system, the
Kansas police and firemen's retirement system, the state school retirement system and the
retirement system for judges.

(3) ``Local school annuitant'' means (A) any person who is an annuitant with 10 or more
years of service, who is receiving an annuity, whose annuity is not included, in whole or in
part, in payments made to such school district under K.S.A. 72-5512b and amendments
thereto, and who is not a member of a group I or of group II as defined in K.S.A. 72-5518
and amendments thereto, and (B) any person who is receiving an annuity and who retired
prior to September 1, 1981.

(4) ``Insured disability benefit recipient'' means any person receiving an insured
disability benefit under K.S.A. 74-4927, and amendments thereto, prior to July 1, 1999.

Sec. 10. On July 11, 2000, K.S.A. 75-5537 is hereby repealed.'';

And by renumbering sections accordingly;

Also on page 11, in line 8, by striking ``, 75-5537''; in line 9, by striking ``1998'' and inserting
``1999''; also in line 9, by striking ``and'' and inserting ``, 74-4927, 74-4927f,''; also in line 9,
after ``74-4967'' by inserting ``and 75-6801''; in line 11, by striking ``June 13, 1999,'';

In the title, in line 15, before ``public'' by inserting ``public employment,''; in line 19, after
the semicolon, by inserting ``postretirement benefit increase; group insurance reserve fund;'';
in line 21, by striking ``1998'' and inserting ``1999''; in line 22, after ``4920'' by inserting ``,
74-4927, 74-4927f''; also in line 22, before the period, by inserting ``; also repealing K.S.A.
1999 Supp. 75-6801'';

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

Dave Kerr

Alicia L. Salisbury
Conferees on the part of Senate

Kenny A. Wilk

Deena Horst
Conferees on part of House

Senator Kerr moved the Senate adopt the Conference Committee Report on HB 2034.
On roll call, the vote was: Yeas 27, Nays 12, Present and Passing 1, Absent or Not Voting
0.

Yeas: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger,
Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Tyson, Umbarger, Vidricksen, Vratil.

Nays: Barone, Biggs, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Jones, Lee, Petty,
Steineger, Stephens.

Present and Passing: Downey.

The Conference Committee report was adopted.

EXPLANATION OF VOTE Mr. President: I vote no on HB 2034 because I will not violate one fundamental
principle-the state can not raid its employees retirement fund in order to make up for a
budget shortfall. Putting a moratorium on the death and disability benefit contribution
begins a dangerous precedent which violates that principle.

Perhaps we should believe that we may deceive the members of KPERS-both retirees
and current employees-by offering a partial 13th check as a phony election year COLA. This
is little more than a tactic aimed at diverting attention from the proposed attempt to raid a
healthy retirement program in order to make up for fiscal mismanagement. The federal
government made the same misstep when they used Social Security to shore up their budget
for decades.

Despite several positive aspects, I will not allow KPERS to go down the same road Social
Security has. While I support some form of a COLA, removing the 3 out of 4 hiring freeze,
increased overtime eligibility, and providing an annual one-page summary of an employee's
account, the fundamental principle must stand that we can not raid the KPERS fund to
balance the state budget.--Jim Barone

Senators Feleciano, Gooch, Goodwin, Hensley, Jones, Lee and Stephens request the
record to show they concur with the ``Explanation of Vote'' offered by Senator Barone on
HB 2034.

Mr. President: I enthusiastically vote yes for the Conference Committee Report on
HB 2034. Not only does this bill now provide retirees with a much needed 13th check, it
provides better safety for future COLA's in that amortization of benefit increases will start
immediately rather than two fiscal years later as present law allows.

Most importantly, this bill does not freeze the increases in state payments to KPERS as
originally proposed. Thus, the full $154 million payment to KPERS in FY 2001 will be
made.

Mr. President this bill is good policy and good politics.--Dave Kerr

Senators Lawrence and Morris request the record to show they concur with the
``Explanation of Vote'' offered by Senator Kerr on HB 2034.

Mr. President: I vote no on HB 2034. I agree with the KPERS Board of Trustees
when they stated in their January 21, 2000 resolution:

``(While the 15 month moratorium on the employer contribution to the death and disability
benefit) would (not) prevent the Retirement System from making current and future benefit
payments, confidence in the continued sound financial status of the System would be
severely undermined by the fear that every future budget challenge would be solved, in
whole or in part, by looking to the trust funds of the Retirement System.''--Marge Petty

CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2945, submits the following report:

The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed as Senate Substitute for House Bill
No. 2945, as amended by Senate Committee of the Whole, as follows:

On page 1, in line 33, by striking ``18'' and inserting ``14''; in line 35, by striking ``legislative
coordinating council'' and inserting ``governor'';

On page 2, in line 2, by striking ``association'' and inserting ``board''; in line 5, by striking
all after ``the''; in line 6, by striking ``council'' and inserting ``governor''; in line 7, by striking
``council'' and inserting ``governor''; in line 10, by striking all after ``designee'', by striking
lines 11 through 13; in line 14, by striking all before the period; also in line 14, by striking
``legislative coordinating council'' and inserting ``governor''; in line 15, by striking
``legislative''; in line 16, by striking all after the period; by striking lines 17 and 18; in line
19, by striking all before ``All''; also in line 19, by striking ``other''; in line 23, by striking all
after the period; in line 24, by striking all before ``shall'' and inserting ``The state corporation
commission''; in line 25, by striking ``legislative'';

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

Alicia L. Salisbury

Pat Ranson

Jim Barone
Conferees on the part of Senate

Carl Dean Holmes

Tom Sloan

Laura McClure
Conferees on part of House

Senator Salisbury moved the Senate adopt the Conference Committee Report on S Sub
for HB 2945.

On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

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

The Conference Committee report was adopted.

On motion of Senator Emert, the Senate recessed until 7:30 p.m.

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

MESSAGE FROM THE HOUSE
Announcing, the House adopts the Conference Committee report to agree to disagree
on SB 181 and has appointed Representatives Powell, Hutchins and Klein as second
conferees on the part of the House.

CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 181, submits the following report:

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

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

Tony Powell

Becky Hutchins
Conferees on the part of House

Nick Jordan

Nancy Harrington

Mark Gilstrap
Conferees on part of Senate

On motion of Senator Jordan the Senate adopted the conference committee report on
SB 181, and requested a new conference committee be appointed.

The President appointed Senators Jordan, Harrington and Goodwin as second conferees
on the part of the Senate on SB 181.

MESSAGE FROM THE HOUSE
Announcing, the House adopts the conference committee report on SB 412.

The House adopts the conference committee report on SB 425.

The House adopts the conference committee report on SB 664.

The House adopts the conference committee report on HB 2648.

The House adopts the conference committee report on Senate Substitute for HB 2945.

CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 412, submits the following report:

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

On page 1, by striking all in lines 30 through 43;

On page 2, by striking line 1;

By renumbering the remaining sections accordingly;

On page 4, after line 3, by inserting:

Sec. 4. K.S.A. 1999 Supp. 9-1114 is hereby amended to read as follows: 9-1114. The
business of any bank or trust company shall be managed and controlled by its board of
directors and this shall include the authority to provide for bonus payments, in addition to
ordinary compensation for any or all of its officers and employees. The board shall consist
of not less than five nor more than 25 members who shall be elected by the stockholders
at any regular annual meeting which shall be held ~~during the first 120 days of each calendar~~
~~year~~ on such date of each calendar year as the bank or trust company may specify in its
bylaws. If the date specified in the bylaws falls on a legal holiday, the meeting shall be held,
and the directors elected, on the next following business day. If for any reason the election
of directors is not made on the day fixed, or in the event of a legal holiday, on the next
business day, an election may be held on any subsequent day within 60 days of the day fixed,
to be designated by the board of directors, or, if the directors fail to fix the day, by the
shareholders representing 2/3 of the shares. In all cases, at least 10 days' notice of the date
for the annual meeting shall have been given by first-class mail to the shareholders. If the
number of directors elected is less than 25, the number of directors may be increased so
long as the total number does not exceed 25 and when the number is increased the first
additional directors may be elected at a special meeting of the stockholders. The directors
shall be elected in the manner provided in the general corporation code. Vacancies in the
board of directors may be filled in the manner provided in the general corporation code. A
majority of the directors shall be residents of this state. Any director of any bank or trust
company who shall become indebted to such bank or trust company on any judgment or
charged off indebtedness shall forfeit such person's position as director and such vacancy
shall be filled as provided by law.'';

By renumbering remaining sections accordingly;

Also on page 4, in line 9, by striking ``9-805 and''; in line 10, by striking ``and 9-808'' and
inserting ``, 9-808 and 9-1114'';

On page 1, in the title, in line 17, after the semicolon by inserting ``concerning boards of
directors of banks and trust companies;''; also in line 17, by striking ``9-805 and''; in line 18,
by striking ``and 9-808'' and inserting ``, 9-808 and 9-1114'';

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

Ray L. Cox

Joe Humerickhouse

Tom Burroughs
Conferees on the part of House

Don Steffes

Sandy Praeger

Paul Feleciano, Jr.
Conferees on part of Senate

Senator Steffes moved the Senate adopt the Conference Committee Report on SB 412.

On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

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

The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 425, submits the following report:

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

On page 1, after line 16, by inserting the following:

``Section 1. K.S.A. 60-3001 is hereby amended to read as follows: 60-3001. As used in
this act:

(a) ``Foreign judgment'' means any judgment, decree, or order of a court of the United
States or of any other court which is entitled to full faith and credit in this state: ~~Provided~~,
except that no judgment of any court of in this state shall be ~~deemed to be~~ a foreign judgment
in any other court of this state; and

(b) ``state'' means a state of the United States.'';

Also on page 1, in line 17, by striking ``Section 1.'' and inserting ``Sec. 2.''; in line 36, by
striking ``2.'' and inserting ``3. K.S.A. 60-3001 and''; also in line 36, by striking ``is'' and
inserting ``are''; in line 37, by striking ``3'' and inserting ``4'';

Also on page 1, in the title, in line 14, before ``K.S.A.'', by inserting ``K.S.A. 60-3001 and'';
also in line 14, by striking ``section'' and inserting ``sections'';

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

Michael O'Neal

Tim Carmody

Janice L. Pauls
Conferees on the part of House

Tim Emert

Edward W. Pugh

Greta Goodwin
Conferees on part of Senate

On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

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

The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 664, submits the following report:

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

On page 3, after line 26, by inserting the following:

``Sec. 4. K.S.A. 47-434 is hereby amended to read as follows: 47-434. As used in this
act:

(a) ``Commissioner'' means the state livestock commissioner;

(b) ``brand inspection area'' means any county which has been designated as such by
the board of county commissioners of such county in the manner provided by K.S.A. 47-
435 and amendments thereto;

(c) ``resident owner of cattle ~~or sheep~~'' means any resident of a county who ~~listed~~ has
owned one or more head of cattle ~~or sheep, or both, for taxation during the preceding tax~~
~~assessment period~~ at any time during the 12 preceding months;

(d) ``brand inspection'' means the inspection of brands, marks, and other identifying
characteristics of cattle or sheep, or both, for the purpose of determining the ownership
thereof; and

(e) ``person'' means any individual, firm, association, partnership or corporation~~; and~~

~~(f) ``board'' means the board of directors of the Kansas livestock association~~.''

Sec. 5. K.S.A. 47-437 is hereby amended to read as follows: 47-437. (a) The livestock
commissioner shall charge and collect a fee of not to exceed $.75 per head on all cattle and
not to exceed $.05 per head on all sheep inspected in brand inspection areas of the state.
In addition to the per head fee, the livestock commissioner may charge and collect an on-
site inspection fee and a mileage fee for each mile necessarily and actually traveled in going
to and returning from the place of inspection. The livestock commissioner ~~may~~, when brand
inspectors are available, may provide brand inspection in other areas where brand inspection
is requested and the commissioner shall charge and collect inspection fees in the same
manner as prescribed for the collection of such fees in brand inspection areas. The owner
or seller of cattle or sheep inspected shall be responsible for the payment of the inspection
fees and such fees shall be collected in such manner as the livestock commissioner shall
prescribe or authorize by rule or regulation.

(b) When the livestock commissioner determines that the fees collected under this
section are yielding more than is required for the purposes for which such fees are collected,
the commissioner may reduce such fees for such period as the commissioner deems justified.
In the event the livestock commissioner, after reducing such fees, finds that sufficient
revenues are not being produced by the reduced fees to properly administer and enforce
this act and acts of which this section is amendatory or supplemental, the commissioner
may increase such fees to such rate as will, in the commissioner's judgment, produce
sufficient revenue for the purposes provided in this section, but not exceeding $.75 per head
on cattle and not to exceed $.05 per head on sheep.

(c) The livestock commissioner shall remit all moneys received under K.S.A. 47-434
through 47-445, and amendments thereto, to the state treasurer at least monthly. Upon
receipt of any such remittance the state treasurer shall deposit the entire amount thereof
in the state treasury and the same shall be credited to the county option brand fee fund,
except any amounts received for brand inspection services of livestock outside of a county
option area. All expenditures from such fund shall be made in accordance with appropriation
acts upon warrants of the director of accounts and reports issued pursuant to vouchers
approved by the livestock commissioner or by a person or persons designated by the
commissioner. All amounts received for inspection of livestock outside of a county option
area shall be deposited to the credit of the livestock brand fee fund.

Sec. 6. K.S.A. 1999 Supp. 47-1001 is hereby amended to read as follows: 47-1001. As
used in this act, except where the context clearly indicates a different meaning:

(a) ``Commissioner'' means the livestock commissioner of the state of Kansas.

(b) ``Livestock'' means and includes cattle, swine, sheep, goats, horses, mules,
domesticated deer, all creatures of the ratite family that are not indigenous to this state,
including but not limited to ostriches, emus and rheas, and any other animal as deemed
necessary by the commissioner established through rules and regulations.

(c) ``Person'' means and includes any individual, partnership, corporation or association.

(d) ``Producer'' means any person engaged in the business of breeding, grazing or
feeding livestock.

(e) ``Consignor'' means any person who ships or delivers to any public livestock market
livestock for handling, sale or resale at a public livestock market.

(f) ``Public livestock market'' means any place, establishment or facility commonly
known as a ``livestock market,'' ``livestock auction market,'' ``sales ring,'' ``stockyard,''
``community sale'' as such term is used in article 10 of chapter 47 of the Kansas Statutes
Annotated, which includes any business conducted or operated for compensation or profit
as a public market for livestock, consisting of pens, or other enclosures, and their
appurtenances, in which livestock are received, held, sold or kept for sale or shipment except
that this term shall not apply to any livestock market where federal veterinary inspection is
regularly maintained.

(g) ``Public livestock market operator'' means any person who, in this state, receives on
consignment, or solicits from the producer or consignor thereof, or holds in trust or custody
for another, any livestock for sale or exchange, on behalf of such producer or consignor at
a public livestock market, or sells, or offer for sale, at a public livestock market, for the
account of the producer or consignor thereof, any livestock or directly or indirectly owns,
conducts or operates a public livestock market. The term ``public livestock market operator''
shall not be construed to include any packer or agent of a packer who receives or purchases
livestock for prompt slaughter.

(h) ``Packer'' means any person engaged in the business of buying livestock for purposes
of slaughter, or of manufacturing or preparing meats or meat food products for sale or
shipment, or of manufacturing or preparing livestock products for sale or shipment, or of
marketing meats, meat food products, livestock products, dairy products, poultry or poultry
products.

(i) ``Board'' means any three members of the Kansas animal health board designated by
the chairperson of the Kansas animal health board for each particular hearing. The
chairperson may be included in such designation.

(j) ``Dealer'' as used in article 10 of chapter 47 of the Kansas Statutes Annotated, to
which this act is amendatory and supplemental, shall have the same meaning as the term
``public livestock market operator.''

(k) ``Domesticated deer'' means any member of the family cervidae which was legally
obtained and is being sold or raised in a confined area for breeding stock; for any carcass,
skin or part of such animal; for exhibition; or for companionship.

(l) ``Occasional livestock sale'' means livestock auctions or sales, that receive on
consignment, or solicits from the producer or consignor thereof, or holds in trust or custody
for another, any livestock for sale or exchange, on behalf of such producer or consignor at
such auction or sale, or sells, or offers for sale, at such auction or sale, for the account of
the producer or consignor thereof, any livestock or directly or indirectly owns, conducts or
operates such auction or sale and such auctions or sales are held 12 or less times per year.

(m) ``Electronic auction'' means a live audio-visual broadcast of an actual auction where
livestock are offered for sale and shall include auctions conducted by satellite communications
and over the internet.

Sec. 7. K.S.A. 47-1001e is hereby amended to read as follows: 47-1001e. (a) Each
livestock market operator shall pay annually, on or before June 30, a renewal market license
fee in an amount set by the Kansas animal health board and adopted by rules and regulations
of the commissioner of not more than $40 to the commissioner for each public livestock
market operated by such operator, which payment shall constitute a renewal until June 30
of the following year. The renewal market license fee established by this section on the day
preceding the effective date of this act shall continue in effect until a different renewal
market license fee is set as provided under this section.

(b) Any person who owns or operates an electronic auction which is simulcast into the
state of Kansas and at which livestock located in the state of Kansas are offered for sale, shall
apply to the livestock commissioner for an electronic auction license. A license shall be
granted to such person upon a showing that such person meets the bond requirements, as
established in K.S.A. 47-1002, and amendments thereto, and has paid an annual fee in an
amount set by the Kansas animal health board and adopted by rules and regulations of the
commissioner of not more than $40. Any such license shall expire on June 30 of each year.

Sec. 8. K.S.A. 1999 Supp. 47-1008 is hereby amended to read as follows: 47-1008. (a)
Livestock shall not be offered for sale or sold at any licensed public livestock market if such
livestock:

(1) Is infected with a disease that permanently renders the livestock unfit for human
consumption;

(2) has severe neoplasia;

(3) has severe actinomycosis;

(4) is unable to rise to its feet by itself; or

(5) has an obviously fractured long bone or other fractures or dislocation of a joint that
renders the livestock unable to bear weight on the affected limb without that limb collapsing.

(b) If, in the judgment of an accredited veterinarian, the livestock consigned and
delivered on the premises of any licensed public livestock market is in any of the conditions
described in subsection (a), such veterinarian shall euthanize humanely the livestock or
direct the consignor to immediately remove the livestock from the premises of the public
livestock market. All expenses incurred for euthanasia and disposal of the livestock under
the provisions of this subsection shall be the responsibility of the consignor. Collection of
expenses shall not be the responsibility of the consignee.

(c) All livestock consigned and delivered on the premises of any licensed public livestock
market, before being offered for sale, shall be inspected by a veterinarian authorized by the
commissioner who shall visually examine or test, or both, each animal consigned to such
market, for the purpose of determining its condition of health and freedom of clinical signs
of infectious or contagious animal diseases that are determined to be reportable by the
livestock commissioner. Such regulatory veterinary services shall be contracted for by the
livestock commissioner who shall select an accredited veterinarian for each public livestock
market. The public livestock market operator, for each public livestock market, shall submit
to the livestock commissioner a list of accredited veterinarians to be considered for the
position or positions. Such veterinarian shall be authorized to make all required examinations
and tests, and to issue certificates of inspection at the public livestock market where such
veterinarian serves. All livestock sold, resold, exchanged or transferred, or offered for sale
or exchange at a livestock market shall be treated as may be necessary to prevent the spread
of contagious or infectious diseases. A certificate of inspection, on a form to be approved
by the commissioner, shall be issued to the purchaser by the inspector. For the visual
inspection of livestock offered for sale, there shall be collected by the market operator from
the consignor a fee which shall be determined by negotiation between the market operator
and the market veterinarian but shall not be less than $.07 per head, except that no fee for
inspection shall be collected unless the inspection actually has been made. If the charges
per head collected on all livestock inspected at a livestock market on any sales day do not
amount to a minimum per diem of $40 or any amount greater than $40 negotiated by the
operator, the market operator shall be required to supply sufficient funds to provide such
amount. Any amount lesser or greater than the $40 amount specified, shall be determined
by negotiation between the market operator and the market veterinarian. A copy of any
agreement or contract shall be on file with the commissioner. Payments for veterinary
services rendered under a contract as provided in this section shall be paid from the
veterinary inspection fee fund, and for such services rendered prior to the end of a fiscal
year, payment may be made within 90 days after the end of the fiscal year.

(d) Livestock market operators shall pay amounts received and amounts due under this
section to the livestock commissioner. The commissioner shall remit all such amounts
received to the state treasurer at least monthly. Upon receipt of any such remittance the
state treasurer shall deposit the entire amount thereof in the state treasury and the same
shall be credited to the veterinary inspection fee fund. All expenditures from such fund shall
be made in accordance with appropriation acts upon warrants of the director of accounts
and reports issued pursuant to vouchers approved by the commissioner or by a person or
persons designated by such commissioner.

(e) The livestock commissioner shall promulgate rules and regulations as may be
necessary to carry out the purposes of this section, including, but not limited to, rules and
regulations designating any disease as a disease that renders livestock or the carcasses thereof
permanently unfit for human consumption. The livestock commissioner shall promulgate
all such rules and regulations in accordance with existing antemortem inspection regulations
promulgated by the United States department of agriculture food safety and inspection
service, as in effect on July 1, 1997.

(f) All livestock sold by a licensed electronic auction, before being delivered to an out-
of-state buyer, shall have a health certificate issued by a licensed, accredited veterinarian.
Kansas buyers shall be furnished a health certificate upon request.

Sec. 9. K.S.A. 47-1011 is hereby amended to read as follows: 47-1011. (a) The public
livestock market operator shall collect from the consignor of horses, mules, cattle, hogs,
sheep and goats the fee per head on all such livestock sold at a public livestock market in
the amount fixed by the commissioner under this section. The public livestock market
operator shall remit to the commissioner on or before the 15th day of each month the
amounts collected during the preceding calendar month.

(b) The electronic auction operator shall collect from the consignor of horses, mules,
cattle, hogs, sheep and goats the fee per head in an amount fixed by the commissioner under
this section on all such livestock sold at an electronic auction if such livestock is located in
the state of Kansas. The electronic auction operator shall remit to the commissioner on or
before the 15th day of each month the amounts collected during the preceding calendar
month.

~~(b)~~ (c) The fee per head provided for in this section shall be in addition to the inspection
fee stated in K.S.A. 47-1008, and amendments thereto, to the license fee payable to the
commissioner for licenses mentioned and described in K.S.A. 47-1002, and amendments
thereto, and to the fee provided for in K.S.A. 74-534, and amendments thereto.

~~(c)~~ (d) The commissioner shall determine annually the amount of funds which will be
required, in addition to the funds received for fees imposed under K.S.A. 47-1001a and 47-
1001e, and amendments thereto, to properly enforce and administer the laws contained in
article 10 of chapter 47 of the Kansas Statutes Annotated, and amendments thereto, and
shall fix and adjust from time to time the fee per head imposed under this section in such
reasonable sum as may be necessary for such purposes, except that the fee per head fixed
under this section shall not be more than $.15. The fee per head in effect on the day
preceding the effective date of this act shall continue in effect until the commissioner fixes
a different fee per head under this section.

~~(d)~~ (e) The commissioner shall remit all moneys received by or for the commissioner
under K.S.A. 47-1001a, 47-1001e and this section, and amendments thereto, to the state
treasurer at least monthly. Upon receipt of each such remittance, the state treasurer shall
deposit the entire amount thereof in the state treasury and such amount shall be credited
to the animal disease control fund.''

By renumbering the remaining sections accordingly.

Also on page 3, in line 27, after ``2-2911'' by inserting ``, 47-434, 47-437, 47-1001e and
47-1011''; also in line 27 by striking ``and'' the second time it appears and inserting a comma;
also in line 27, after ``2-1205'' by inserting '', 47-1001 and 47-1008''

On page 1, in the title, in line 13, after the semicolon by inserting ``relating to electronic
livestock auctions; concerning brand inspection areas and fees;'' also in line 13, after ``2-
2911'' by inserting ``, 47-434, 47-437, 47-1001e and 47-1011''; in line 14, by striking ``and''
the first time it appears and inserting a comma; also in line 14, after ``2-1205'' by inserting
``, 47-1001 and 47-1008'';

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

Dan Johnson

Sharon Schwartz

Galen Weiland
Conferees on the part of House

Stephan R. Morris

Dwayne Umbarger

Harry Stephens
Conferees on part of Senate

Senator Morris moved the Senate adopt the Conference Committee Report on SB 664.

On roll call, the vote was: Yeas 35, Nays 5, Present and Passing 0, Absent or Not Voting
0.

Yeas: Barone, Becker, Biggs, Bleeker, Bond, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan,
Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.

Nays: Brownlee, Clark, Huelskamp, Pugh, Tyson.

The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HCR 5059, submits the following report:

The House accedes to all Senate amendments to the concurrent resolution, and your
committee on conference further agrees to amend the concurrent resolution, as printed
with Senate Committee of the Whole amendments, as follows:

On page 1, in line 14, before ``WHEREAS''; by inserting ``Section 1''; in line 22, by striking
``depressed'' and inserting ``volatile''; in line 39, by stiking ``A 1998 study'' and inserting ``The
1999, Kansas Innovation Index'';

On page 2, after line 20, by inserting new material to read as follows:

``Sec. 2. WHEREAS, Unfunded mandates by the United States Congress and the
executive branch of the federal government increasingly strain already tight state
government budgets if the states are to comply; and

WHEREAS, To further compound this assault on state revenues, federal district courts,
with the blessing of the United States Supreme Court, continue to order states to levy or
increase taxes to supplement their budgets to comply with federal mandates; and

WHEREAS, The court's actions are an intrusion into a legitimate legislative debate over
state spending priorities and not a response to a constitutional directive; and

WHEREAS, The Constitution of the United States of America does not allow, nor do
the states need, judicial intervention requiring tax levies or increases as solutions to
potentially serious problems; and

WHEREAS, This usurpation of legislative authority begins a process that over time could
threaten the fundamental concept of separation of powers that is precious to the preservation
of the form of our government embodied by the Constitution of the United States of
America; and

WHEREAS, Fifteen states, including Alabama, Alaska, Arizona, Colorado, Delaware,
Louisiana, Massachusetts, Michigan, Missouri, Nevada, New York, Oklahoma, South
Dakota, Tennessee and Utah, have petitioned the United States Congress to propose an
amendment to the Constitution of the United States of America that reads as follows:
``Neither the Supreme Court nor any inferior court of the United States shall have the power
to instruct or order a state or political subdivision thereof, or an official of such state or
political subdivision, to levy or increase taxes.'': Now, therefore,

Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring
therein: That the Kansas Legislature respectfully requests and petitions the Congress of
the United States to propose submission to the states for their ratification an amendment
to the Constitution of the United States of America to restrict the ability of the United States
Supreme Court or any inferior court of the United States to mandate any state or political
subdivision of the state to levy or increase taxes; and

Be it further resolved: That the Secretary of State is hereby directed to send enrolled
copies of this section to the President of the United States; the President pro tempore of
the United States Senate; the Speaker of the United States House of Representatives; each
member of the Kansas Congressional Delegation; each member of the United States
Supreme Court and the United States Court of Appeals for the 10th Circuit and all federal
district court judges for the district of Kansas; and each member of the Kansas Supreme
Court and the Kansas Court of Appeals and all Kansas district court judges.

Sec. 3. WHEREAS, In Brown v. Board of Education, a unanimous Supreme Court of
the United States recognized that education is perhaps the most important function of state
and local governments; in Wisconsin v. Yoder, the Supreme Court recognized that the
provision of public schools ranks at the very apex of the function of a state; in San Antonio
Independent School District v. Rodriquez, the Supreme Court refused to invalidate the
Texas system of financing its public schools opining that education is one of the most
important services performed by the state and declining to intrude in an area which
traditionally has been reserved for state legislatures; and

WHEREAS, The architects of America's Constitution and Bill of Rights constructed a
unique form of federalism under which the people delegated to the national government
certain limited powers while reserving all other authority to the states and the people; the
powers of the two government levels were carefully balanced and each had distinct roles
with most day-to-day functions being left at the level closest to the people; the founders
expected state power to rival national power; and

WHEREAS, America's unique form of federalism worked for a while, but has been
severely eroded over the years; the states have become enfeebled while the federal
government has consolidated power and now involves itself in every conceivable area of
governance, including the most local of concerns; nowhere is encroachment by the federal
government on states' rights more apparent than in the area of education, specifically special
education; and

WHEREAS, The states were and are well aware of the constitutional obligation to
provide public education for children with disabilities; many of the states enacted
constitutionally sound special education laws prior to enactment in 1975 by Congress of
Public Law 94-142, the Education for All Handicapped Children Act, known since 1990 as
the Individuals with Disabilities Education Act or IDEA; nearly six million American
children receive special education services provided by the states at a cost of almost $40
billion, only about $5.7 billion of which is federal money; and

WHEREAS, Enactment of the IDEA transferred decisions about the ways in which
special education services would be provided from state capitals to Washington, D.C.; in an
effort to alleviate the intrusion that transfer of control over special education had upon an
area traditionally reserved to the states, the Act authorized appropriation of a sum equal to
40% of the average per pupil expenditure for general education pupils; Congressional
appropriations have never come near the authorization level; and

WHEREAS, A recent report by the Kansas State Department of Education provided the
Kansas Legislature with the estimated special education expenditures in Kansas for fiscal
year 2001; the report estimated expenditures for special education in the amount of
$483,300,437, and was broken down by anticipated state, local, and federal aid percentages;
the report revealed that federal aid, including medicaid reimbursement of approximately
$16 million, would comprise only 11.7% of the total expenditures for special education; if
increased to the authorized 40% level, federal aid would increase from $56,500,000 to
$193,320,175; and

WHEREAS, The National Council on Disability recently reported that many children
with disabilities are receiving substandard schooling because the states are not complying
with federal rules on special education; the response of officials at the U.S. Department of
Education, the federal agency responsible for overseeing compliance with the IDEA, was
predictable, not an assertion that the agency would make an intense effort to get Congress
to provide assistance to the states in the form of increased dollars, at least to a level more
nearly approaching the 40% level of expenditures authorized for special education, but with
a threat to be more aggressive in monitoring and enforcing compliance; and

WHEREAS, In 1998, the Kansas Legislature adopted a concurrent resolution
memorializing the Congress to assume its fair share of the costs of special education services
by increasing funding to a level more nearly approaching the level authorized by the
Individuals with Disabilities Education Act; and

WHEREAS, Kansas Congressman Jerry Moran took heed of the Kansas Legislature's
resolution and wrote a letter to President Clinton. The letter, dated January 20, 2000, and
fully endorsed by the Kansas Legislature, contained the following excerpts:

``Dear Mr. President:

As you prepare for the State of the Union address and your budget submission to
Congress, I encourage you to place a high priority on funding special education. The
greatest issue facing Kansas Governor Bill Graves and the Kansas Legislature is finding
the necessary resources to meet the needs of Kansas students.

``Congress first mandated special education in 1975 and pledged to assist state and
local governments by paying 40 percent of the costs of educating students with
disabilities. Unfortunately, the federal government has never met its obligation.

``Mr. President, I share your goals of improving school facilities, hiring and training
more teachers and making better technology available to students, but rather than rolling
out a list of expensive new federal programs, let's go back and fulfill a commitment made
25 years ago to fund special education. Doing so would free up billions of dollars
nationwide that states could use to address their own unique education needs.

``As you prepare your budget and as you prepare to address the nation, I hope you
will make special education your priority. It is important, not only to those children who
participate in special education programs, but to every child whose education is so
important to the future of our country.''; and

WHEREAS, Kansas Congressman Dennis Moore also recognizes that Kansas and the
other states are struggling under the burden of exploding special education costs as
evidenced by the following remarks made at a Kansas PTA rally:

``When I visited the school districts in the Kansas Third, I did not find one local
district that did not receive funding from the Individuals with Disabilities Education
Act. Nor did I find any school district that disagreed with its goals.

``Instead, what I did discover in every district was a school board struggling to find
the fiscal resources to comply--fiscal resources that Congress promised when it passed
the bill, but has never provided.

``Many of my colleagues have lauded this year's increase from 9% of the total cost for
special education in the U.S. to 12% in FY 2000. But guess what? When Congress passed
the legislation in 1975, it committed to fund 40% of the cost. Congress has never come
close to meeting this goal, and that has left local school districts to pick up the difference.
Increasing the federal appropriations would free up state and local education dollars
without adding additional federal red tape and bureaucracy.''; and in a letter to President
Clinton, Congressman Moore wrote:

``In 1975, Congress agreed to fund 40 percent of the excess costs to educate children
with disabilities. For fiscal year 2000, Congress funded 12 percent. Last year I visited
every school district in my congressional district and met with parents, administrators,
teachers and school board members. I found that each school district receives funding
from IDEA, and every school district agrees with its goals. But I also discovered that
every district was struggling to find the fiscal resources to meet these goals--resources
that Congress promised when it passed the bill, but has never provided. Every child in
our country deserves to be educated, and it should be a federal commitment of the first
order that we support our school districts in this endeavor. Keeping our promise to local
schools would free up state and local education dollars without adding additional federal
red tape and bureaucracy.''; and

WHEREAS, The Kansas Legislature has devoted considerable effort and a great amount
of time during the 2000 session in an attempt to address concerns regarding delivery of
special education services and to find some solution to the rapidly escalating costs of
providing such services; in the course of its study of the matter, the Legislature received
reports from the Kansas State Department of Education and from embattled providers of
special education services in the field; the reports were overwhelmingly disturbing and
revealed that from 1990 through 1998, Kansas realized a 29% increase in the number of
pupils with disabilities, a 32% increase in the number of professionals, and a 150% increase
in the number of paraprofessionals; one special education cooperative reported a 48%
increase in expenditures for special education from the 1990-91 school year through the
1999-2000 school year; school districts are experiencing continuing growth in the population
of children with severe disabilities, in the number of behavior disordered pupils and in other
high need populations of children, such as children with autism or traumatic brain injury,
who require high cost programs; the 1997 IDEA amendments added several new specific
disabling conditions; the quality and quantity of special education teachers is a major concern
as the growth in numbers of pupils and severity of disabilities increase and the pool of
trained teachers decreases; special education professionals face stress, burnout and
increased paperwork even though the 1997 amendments to the IDEA were supposed to
reduce paperwork; one director of special education services stated that he had been a
special education professional since 1972 and was more worried than in his whole career
about the increasing demands on the system to serve more pupils, with more severe
disabilities, to higher standards than ever before, with fewer trained, skilled teachers and
decreasing financial resources; and

WHEREAS, On February 7, 2000, President Clinton sent Congress a $1.84 trillion
budget proposal that devotes more than $300 billion to more than 100 new programs; while
many of the centerpieces of the budget proposal may be praiseworthy, legislators and school
officials in Kansas would rather the Congress, in drafting its own spending proposals, honor
the commitment to fully fund the federal share of special education costs before adopting
any spending proposal that is dedicated to new programs: Now, therefore,

Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring
therein: That the Legislature, in recognition that children with disabilities have a
fundamental right to be provided with a free and appropriate public education and that the
Congress of the United States has enacted a federal law for the purpose of assisting the
states in honoring that fundamental right and in the belief that projected federal budget
surpluses present the federal government with the tremendous opportunity to assume its
fair share of the costs of providing special education services, hereby strongly urges the
President and the Congress of the United States to put a new twist on the old joke about
federal officials appearing in a state and saying ``we're here to help'' by increasing funding
for the provision of special education services for children with disabilities from the average
federal share of 12% nationwide to the 40% level authorized by the Individuals with
Disabilities Education Act; and

Be it further resolved: That the Secretary of State is hereby directed to send enrolled
copies of this section to The Hon. William Clinton at 1600 Pennsylvania Ave., Washington,
D.C. 20500; The Hon. Richard Riley at U.S. Dept. of Education, 400 Maryland Ave. NW,
Washington, D.C. 20202; The Hon. Pat Roberts at 302 Hart Senate O.B., Washington, D.C.
20510; The Hon. Sam Brownback at 303 Hart Senate O.B., Washington, D.C. 20510; The
Hon. Jerry Moran at 1519 Longworth House O.B., Washington, D.C. 20515; The Hon. Jim
Ryun at 330 Cannon House O.B., Washington D.C. 20515; The Hon. Dennis Moore at 506
Cannon House O.B., Washington, D.C. 20515; The Hon. Todd Tiahrt at 428 Cannon House
O.B., Washington, D.C. 20515; The Hon. James Jeffords at 728 Hart Senate O.B.,
Washington, D.C. 20510; The Hon. Edward Kennedy at 315 Russell Senate O.B.,
Washington, D.C. 20510; The Hon. Ted Stevens at 522 Hart Senate O.B., Washington,
D.C. 20510; The Hon. Robert Byrd at 311 Hart Senate O.B., Washington, D.C. 20510; The
Hon. Arlen Specter at 711 Hart Senate O.B., Washington, D.C. 20510; The Hon. Tom
Harkin at 731 Hart Senate O.B., Washington, D.C. 20510; The Hon. William Goodling at
2107 Rayburn House O.B., Washington, D.C. 20510; The Hon. William Clay at 2306
Rayburn House O.B., Washington, D.C. 20515; The Hon. Bill Young at 2407 Rayburn
House O.B., Washington, D.C., 20515; The Hon. David R. Obey at 2314 Rayburn House
O.B., Washington, D.C. 20515; Gore 2000 Incorporated at P.O. Box 330087, Nashville, TN
37203; Bush for President Incorporated at 301 Congress Avenue, Suite 200, Austin, TX
78701; National Conference of State Legislatures at 444 North Capitol Street, N.W., Suite
515, Washington, D.C. 20001, and at 1560 Broadway, Suite 700, Denver, CO 80202;
American Legislative Exchange Council at 910 17th Street N.W., Fifth Floor, Washington,
D.C. 20006; Council of State Governments at Hall of the States, Suite 401, Washington,
D.C. 20001; National Governors' Association at Hall of States, 444 North Capitol Street,
Washington, D.C. 20001.'';

In the title, in line 12, before the period, by inserting ``; memorializing the Congress of
the United States to propose submission to the states an amendment to the Constitution of
the United States of America restricting the ability of the federal judiciary to mandate any
state or subdivision thereof to levy or increase taxes; urging the President and the Congress
of the United States to increase funding for special education from an average federal share
of 12% nationwide to the 40% level authorized by the Individuals with Disabilities Education
Act'';

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

Alicia L. Salisbury

Pat Ranson

Jim Barone
Conferees on the part of Senate

William G. Mason

Jene Vickrey

Annie Kuether
Conferees on part of House

Senator Salisbury moved the Senate adopt the Conference Committee Report on HCR
5059.

On roll call, the vote was: Yeas 39, Nays 1, Present and Passing 0, Absent or Not Voting
0.

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

Nays: Bleeker.

The Conference Committee report was adopted.

REPORTS OF STANDING COMMITTEE
Committee on Ways and Means recommends HB 2814, as amended by House
Committee, be amended on page 1, in line 31, by striking all after ``older''; by striking all
in line 32; in line 33, by striking all before the comma; in line 35, by striking ``$14,000'' and
inserting: ``150% of the federal poverty guidelines for a one person family unit''; in line 36,
by striking ``$16,000'' and inserting: ``150% of the federal poverty guidelines for a two person
family unit''; in line 37, after ``for'' by inserting ``funding from'';

On page 2, in line 3, by striking all after the comma; in line 4, by striking ``shall be'' and
inserting ``prescription drugs''; also in line 4, before the comma, by inserting: ``shall be
limited to maintenance drugs for specified disease states''; in line 5, by striking ``in an amount
not to''; in line 6, by striking ``exceed'' and inserting ``of''; in line 8, by striking ``$1,500'' and
inserting ``$1,200''; in line 9, after the comma, by inserting ``and''; in line 10, before ``cost''
by inserting ``pharmacy''; also in line 10, by striking all after ``reimbursement''; by striking
all in lines 11 through 13; in line 14, by striking ``dispensed'' and inserting: ``and dispensing
fee shall be established by the secretary of aging''; after line 24, by inserting the following:

``(e) As used in this section:

(1) ``Income'' means income from whatever source derived; and

(2) ``federal poverty guidelines'' means the most recent poverty guidelines as published
annually in the federal register by the United States department of health and human
services.'';

Also on page 2, in line 29, by striking ``any other source''; by striking all in line 30; in line
31, by striking ``act'' and inserting ``private non-governmental sources''; in line 35, before
the colon, by inserting ``take one or more of the following actions''; in line 41, after the
semicolon, by inserting ``or''; in line 42, by striking all after ``(4)''; in line 43, by striking ``(5)'';

On page 3, after line 7, by inserting the following:

``(d) The provisions of this act are hereby suspended on the day upon which payments
commence under any federal law enacted on or after the effective date of this act which
provides financial assistance for the purchase of prescription drugs to those individuals
eligible for financial assistance for the purchase of prescription drugs under this act.'';

Also on page 3, in line 9, by striking ``April'' and inserting ``July''; and the bill be passed
as amended.

On motion of Senator Emert, the Senate recessed until 9:30 p.m.

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

MESSAGE FROM THE HOUSE
Announcing, the House adopts the conference committee report on SB 181.

The House adopts the conference committee report on SB 238.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
Senator Kerr moved the Senate Concur in house amendments to SB 660.

SB 660, An act concerning the capitol; relating to the construction, equipping, furnishing,
renovation, reconstruction and repair of the state capitol; financing; amending K.S.A. 1999
Supp. 75-4234 and repealing the existing section.

On roll call, the vote was: Yeas 35, Nays 5, Present and Passing 0, Absent or Not Voting
0.

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

Nays: Gilstrap, Gooch, Huelskamp, Steineger, Tyson.

The Senate concurred.

CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 181, submits the following report:

The Senate accedes to all House amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with House on Final Action
amendments, as follows:

On page 1, by striking all in lines 19 through 43;

By striking all on pages 2 through 9;

On page 10, by striking all in lines 1 through 37 and inserting:

``Section 1. K.S.A. 1999 Supp. 65-6721 is hereby amended to read as follows: 65-6721.
(a) No person shall perform or induce a partial birth abortion on a viable fetus unless such
person is a physician and has a documented referral from another physician not legally or
financially affiliated with the physician performing or inducing the abortion and both
physicians determine~~: (1) The~~, in accordance with accepted practices and standards applied
by physicians in the same or similar circumstances, that the abortion is necessary to preserve
the life of the pregnant woman~~; or (2) a continuation of the pregnancy will cause a substantial~~
~~and irreversible impairment of a major physical or mental function of the pregnant woman~~.

(b) As used in this section:

(1) ``Partial birth abortion'' means an abortion procedure which includes the deliberate
and intentional evacuation of all or a part of the intracranial contents of a viable fetus prior
to removal of such otherwise intact fetus from the body of the pregnant woman.

(2) ``Partial birth abortion'' shall not include the: (A) Suction curettage abortion
procedure; (B) suction aspiration abortion procedure; or (C) dilation and evacuation
abortion procedure involving dismemberment of the fetus prior to removal from the body
of the pregnant woman.

(c) If a physician determines in accordance with the provisions of subsection (a) that a
partial birth abortion is necessary and performs a partial birth abortion on the woman, the
physician shall report such determination and the reasons for such determination in writing
to the medical care facility in which the abortion is performed for inclusion in the report of
the medical care facility to the secretary of health and environment under K.S.A. 65-445,
and amendments thereto or. If the abortion is not performed in a medical care facility, the
physician shall report the reasons for such determination in writing to the secretary of health
and environment as part of the written report made by the physician to the secretary of
health and environment under K.S.A. 65-445, and amendments thereto. The physician shall
retain a copy of the written reports required under this subsection for not less than five
years.

(d) A woman upon whom an a partial birth abortion is performed shall not be
prosecuted under this section for a conspiracy to violate this section pursuant to K.S.A. 21-
3302, and amendments thereto.

(e) Nothing in this section shall be construed to create a right to an abortion. Nothing
in this section shall be construed as eliminating the necessity for compliance with the
woman's right-to-know act. Notwithstanding any provision of this section, a person shall not
perform an abortion that is prohibited by law.

(f) ~~Upon conviction of a violation of this~~ A person convicted of intentionally, knowingly
or recklessly violating this section~~, a person~~ shall be guilty of a severity level 10 person
felony.

(g) (1) If any word, clause, phrase or other provision of subsection (a), or the application
thereof to any person or circumstance is found unconstitutional, the same is hereby declared
to be inseverable.

(2) If any word, clause, phrase or other provision of subsections (b) through (f) of this
section or the application thereof to any person or circumstance is found to be
unconstitutional, the same are hereby declared to be severable and the other provisions of
this section shall remain effective notwithstanding such unconstitutionality. The legislature
hereby declares that, except as specifically provided in paragraph (1) of this subsection, it
would have passed this section, and each word, clause, phrase or other provision irrespective
of the fact that any one or more words, clauses, phrases or other provisions be declared
unconstitutional.

Sec. 2. K.S.A. 1999 Supp. 65-6721 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its publication in the
Kansas register.'';

In the title, by striking all in lines 12 through 16 and inserting:

``AN ACT concerning abortion; relating to partial birth abortion; amending K.S.A. 1999
Supp. 65-6721 and repealing the existing section.'';

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

Tony Powell

Becky Hutchins
Conferees on the part of House

Nick Jordan

Nancey Harrington
Conferees on part of Senate

Senator Jordan moved the Senate adopt the Conference Committee Report on SB 181.

On roll call, the vote was: Yeas 20, Nays 20, Present and Passing 0, Absent or Not Voting
0.

Yeas: Biggs, Bleeker, Brownlee, Clark, Corbin, Donovan, Gilstrap, Hardenburger,
Harrington, Huelskamp, Jordan, Kerr, Lawrence, Lee, Morris, Pugh, Salmans, Steffes,
Tyson, Umbarger.

Nays: Barone, Becker, Bond, Downey, Emert, Feleciano, Gooch, Goodwin, Hensley,
Jones, Langworthy, Oleen, Petty, Praeger, Ranson, Salisbury, Steineger, Stephens,
Vidricksen, Vratil.

The Conference Committee report was not adopted.

CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 238, submits the following report:

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

On page 2, following line 16, by inserting:

``New Sec. 2. (a) The following persons, in order of priority stated, may order any lawful
manner of final disposition of a decedent's remains including burial, cremation, entombment
or anatomical donation:

(1) The agent for health care decisions established by a durable power of attorney for
health care decisions pursuant to K.S.A. 58-625, et seq., and amendments thereto, if such
power of attorney conveys to the agent the authority to make decisions concerning
disposition of the decedent's remains;

(2) the spouse of the decedent;

(3) the decedent's surviving adult children. If there is more than one adult child, any
adult child who confirms in writing the notification of all other adult children, may direct
the manner of disposition unless the funeral establishment or crematory authority receives
written objection to the manner of disposition from another adult child;

(4) the decedent's surviving parents;

(5) the persons in the next degree of kinship under the laws of descent and distribution
to inherit the estate of the decedent. If there is more than one person of the same degree,
any person of that degree may direct the manner of disposition;

(6) a guardian of the person of the decedent at the time of such person's death;

(7) the personal representative of the decedent; or

(8) in the case of indigents or any other individuals whose final disposition is the
responsibility of the state or county, the public official charged with arranging the final
disposition pursuant to K.S.A. 1999 Supp. 22a-215 and amendments thereto.

(b) A funeral director, funeral establishment or crematory shall not be subject to
criminal prosecution or civil liability for carrying out the otherwise lawful instructions of the
person or persons under subsection (a) if the funeral director reasonably believes such
person is entitled to control final disposition.'';

By renumbering sections accordingly;

In the title, by striking all in lines 12 and 13 and inserting:

``AN ACT concerning dead bodies; relating to autopsies; relating to the final disposition of
such bodies; amending K.S.A. 22a-233 and repealing the existing section.'';

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

Tony Powell

Becky Hutchins

Thomas Klein
Conferees on the part of House

Lana Oleen

Nancey Harrington

Sherman Jones
Conferees on part of Senate

Senator Oleen moved the Senate adopt the Conference Committee Report on SB 238.
On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

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

The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2011, submits the following report:

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

On page 24, in line 15, after the period by inserting ``Such term shall not include any
facility primarily operated for the purpose of conveying or assisting in the conveyance of
natural gas, electricity, oil or water.'';

On page 26, in line 28, by striking ``mobile cement mixer trucks'' and inserting ``cement
mixing drums to be attached to a motor vehicle'';

On page 27, in line 5, after ``transportation'' by inserting ``, transmission and distribution'';
in line 6, before the semicolon, by inserting ``, including the means of conveyance of natural
gas, electricity, oil or water, and equipment related thereto, located outside the plant or
facility'';

On page 35, in line 35, by striking ``No'' and inserting ``(A) Any''; in line 38, by striking
``shall be allowed'' and inserting ``which is without dispute shall be allowed, but, with respect
to any claim exceeding $10,000, the refund associated therewith shall not be paid until after
510 days from the date such claim was filed and shall not include interest from such date.
As used in this subparagraph, a claim for refund without dispute shall not include any claim
the basis for which is a judicial or quasi-judicial interpretation of such subsection occurring
after the effective date of this act.''; after line 38, by inserting the following:

``(B) Any refund of tax resulting from a final determination or adjudication with regard
to any claim submitted or to be submitted for refund of tax imposed by the Kansas retailers'
sales tax act or the Kansas compensating tax act based upon the provisions of subsection
(kk) of K.S.A. 79-3606 in existence prior to its amendment by this act not described by
subparagraph (A) shall, with respect to any refund exceeding $50,000, be paid in equal
annual installments over 10 years commencing with the year of such final determination or
adjudication. Interest shall not accrue during the time period of such payment.'';

On page 36, in line 2, after the period by inserting ``The provisions of this subsection shall
not be applicable to Water District No. 1 of Johnson county.'';

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

Audrey Langworthy

David R. Corbin
Conferees on the part of Senate

Clay Aurand

Kenny Wilk

Melvin Minor
Conferees on part of House

Senator Langworthy moved the Senate adopt the Conference Committee Report on HB
2011.

On roll call, the vote was: Yeas 39, Nays 1, Present and Passing 0, Absent or Not Voting
0.

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

Nays: Biggs.

The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2328, submits the following report:

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

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

Janice Hardenburger

Rich Becker
Conferees on the part of Senate

Lisa Benlon

Ted Powers
Conferees on part of House

On motion of Senator Hardenburger the Senate adopted the conference committee
report on HB 2328, and requested a new conference committee be appointed.

The President appointed Senators Hardenburger, Becker and Gooch as second conferees
on the part of the Senate on HB 2328.

MESSAGE FROM THE HOUSE
Announcing the House adopts the conference committee report on HB 2034.

The House adopts the conference committee report on House Substitute for SB 326.

CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to HOUSE Substitute for SB 326, submits the following report:

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

On page 1, in line 20, by striking ``year ending June 30, 2001'' and inserting ``years ending
June 30, 2000, June 30, 2001, June 30, 2002, June 30, 2003, June 30, 2004, and June 30,
2005''; preceding line 29, by inserting new material to read as follows:

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

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

Also on page 1, in line 33, by striking ``$698,026'' and inserting ``$700,119''; in line 37, by
striking ``$2,456,479'' and inserting ``$2,463,387''; in line 41, by striking ``$2,400,835'' and
inserting ``$2,405,627'';

On page 3, in line 35, by striking ``$1,674,275'' and inserting ``$1,666,718'';

On page 10, in line 39, by striking ``$340,000'' and inserting ``$315,000'';

On page 11, preceding line 14, by inserting new material to read as follows:

``Provided, That expenditures from the unclaimed property expense fund for official
hospitality shall not exceed $2,000.;

On page 12, in line 10, by striking ``$6,973,368'' and inserting ``$6,943,491'';

On page 16, in line 17, preceding the period, by inserting ``: And provided further, That
of the amount appropriated from the state general fund in the judiciary operations account
for fiscal year 2001, the amount of $128,987 may be reallocated and expended from the
account for fiscal year 2001 for a new district judge for the 18th judicial district: And
provided further, That no moneys appropriated from the state general fund in the judiciary
operations account for fiscal year 2001 may be reallocated from the amount in the approved
budget of expenditures for fiscal year 2001 for salaries and wages for nonjudicial officers
and employees of the judicial branch for such new district judge for the 18th judicial
district'';

On page 17, in line 18, by striking ``$5,952,983'' and inserting ``$5,989,105'';

On page 18, by striking all in lines 17 through 31;

On page 21, in line 18, by striking all after ``(c)''; by striking all in lines 19 and 20; by
striking all in line 21 and inserting ``Expenditures for the fiscal year ending June 30, 2001,
by the state corporation commission from the conservation fee fund or the abandoned oil
and gas well fund may be made for the service of independent on-site supervision of well
plugging contracts: Provided, That all expenditures from the conservation fee fund or the
abandoned oil and gas well fund for the purpose of plugging of abandoned oil and gas wells
shall be subject to the competitive bidding requirements of K.S.A. 75-3739, and
amendments thereto, and shall not be exempt from such competitive bidding requirements
on the basis of the estimated amount of such purchases.'';

On page 29, preceding line 28, by inserting new material to read as follows:

``Flexible spending fund

Provided, That no expenditures shall be made from the flexible spending fund: Provided
further, That the director of accounts and reports is hereby authorized to make transfers
from the flexible spending fund to other funds in the state treasury only as specifically
authorized by statute and upon approval of the state finance council acting on this matter
which is hereby characterized as a matter of legislative delegation and subject to the
guidelines prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto and
acting on this matter after receiving the certification of the director of the budget that
sufficient moneys are available in the flexible spending fund pursuant to the
intergovernmental transfer program: And provided further, That such transfers are
authorized to be made only to special revenue funds of the department on aging, the
department of social and rehabilitation services and the department of education.'';

On page 31, following line 42, by inserting new material to read as follows:

``(o) On July 1, 2000, the director of accounts and reports shall transfer $25,000,000 from
the state general fund to the flexible spending fund.'';

On page 32, in line 32, by striking ``$30,044,804'' and inserting ``$30,544,804''; in line 40,
preceding the period, by inserting ``: And provided further, That the department of revenue
shall make expenditures from this fund for printing and mailing vehicle renewal notices'';

On page 35, preceding line 3, by inserting new material as follows:

``Provided, That expenditures may be made from the VIPS/CAMA technology hardware
fund for CAMA software.'';

On page 36, preceding line 12, by inserting new material as follows:

``(g) On April 15, 2001, or as soon thereafter as moneys are available, the director of
accounts and reports shall transfer $500,000 from the VIPS/CAMA technology hardware
fund to the division of vehicles operating fund.

(h) In addition to the purposes for which moneys may be expended by the above agency
for the fiscal year ending June 30, 2001, expenditures shall be made by the above agency
for claiming moneys due and owing the department of revenue which are held by the state
treasurer under the unclaimed property program.'';

On page 40, in line 7, by striking ``any golf tournament or''; in line 8, by striking all
preceding the period, and inserting ``loans or grants to Reno County for the United States
women's open golf tournament'';

On page 42, in line 22, by striking ``$16,279,331'' and inserting ``16,061,331''; in line 39,
by striking ``$9,185,931'' and inserting ``$9,167,931'';

On page 43, in line 11, by striking ``$60,000'' and inserting ``$42,000'';

On page 44, in line 14, by striking ``$300,000'' and inserting ``$100,000'';

On page 45, in line 41, by striking ``$93,528'' and inserting ``$400,000'';

On page 46, in line 16, by striking ``$346,137'' and inserting ``$377,137''; in line 29, by
striking ``$346,137'' and inserting ``$377,137''; in line 42, by striking ``$11,759,688'' and
inserting ``$12,523,562'';

On page 47, in line 17, by striking ``$11,759,688'' and inserting ``$12,523,562''; in line 19,
by striking ``$975,328'' and inserting ``$1,039,206''; in line 27, by striking ``$975,321'' and
inserting ``$1,038,957'';

On page 51, in line 29, by striking ``$4,346,593'' and inserting ``No limit'';

On page 52, in line 3, by striking ``$300,000'' and inserting ``$225,000''; in line 42,
preceding the period, by inserting ``: And provided further, That any unencumbered balance
in the pregnancy maintenance subaccount of the aid to local units account in excess of $100
as of June 30, 2000, is hereby reappropriated for fiscal year 2001 : And provided further,
That expenditures from such reappropriated balance in the pregnancy maintenance
subaccount of the aid to local units account shall not exceed $75,000 except upon approval
of the state finance council: And provided further, That all expenditures from the pregnancy
maintenance subaccount of the aid to local units account shall be for the pregnancy
maintenance program'';

On page 60, by striking all in lines 31 through 43;

On page 61, by striking all in line 1;

By relettering the remaining subsections accordingly;

On page 63, in line 11, by striking ``$130,708,000'' and inserting ``$121,808,000'';

On page 64, preceding line 42, by inserting new material as follows:

``Flexible spending fund--HCBS/FE waiver

$9,700,000

Provided, That no expenditures shall be made from the flexible spending fund--HCBS/FE
waiver except upon approval of the state finance council acting on this matter which is
hereby characterized as a matter of legislative delegation and subject to the guidelines
prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto and acting on this
matter after receiving the certification of the director of the budget that sufficient moneys
are not available in the flexible spending fund pursuant to the intergovernmental transfer
program.

State medicaid match fund--department on aging

$0``;

On page 65, preceding line 25, by inserting new material to read as follows:

``(e) On July 1, 2000, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer $9,700,000 from the flexible spending fund of the department of
administration to the flexible spending fund--HCBS/FE waiver of the department on aging:
Provided, That no transfer shall be made under this subsection except upon approval of the
state finance council acting on this matter which is hereby characterized as a matter of
legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-
3711c and amendments thereto and acting on this matter after receiving the certification
of the director of the budget that sufficient moneys are not available in the flexible spending
fund pursuant to the intergovernmental transfer program.'';

Also on page 65, in line 29, by striking ``$91,301,046'' and inserting ``$91,704,036''; in line
43, by striking ``$128,797,604'' and inserting ``$113,497,604'';

On page 66, in line 26, preceding the period, by inserting ``: And provided further, That
in any area where a community developmental disability organization (CDDO) provides
treatment and care services for persons with developmental disabilities and a community
services provider or providers also provides treatment and care services in the area in which
the CDDO provides such treatment and services, the CDDO shall present a plan to the
secretary of social and rehabilitation services for approval that demonstrates how the CDDO
will impartially provide, directly or by subcontract, information about any and all community
services that are available in such area to persons with developmental disabilities and the
family members and that delineates the role that other community service providers may
have in the dissemination of services information to consumers: And provided further, That
each such CDDO shall develop such plan jointly with all community service providers within
such area to mitigate potential conflicts of interest: And provided further, That the secretary
of social and rehabilitation services shall report to the SRS transition oversight committee
on the status of all such plans and other steps taken to monitor compliance and mitigate
against potential conflicts of interest: And provided further, That, in addition, the secretary
of social and rehabilitation services shall report to the SRS transition oversight committee
on the creation of a community services ombudsman and other steps to address concerns
of families and consumers'';

On page 67, in line 7, by striking ``$11,134,218'' and inserting ``$10,565,622'';

On page 69, in line 10, by striking ``$45,024,853'' and inserting ``$44,994,853''; in line 24,
preceding the period, by inserting ``: And provided further, That the consensus estimating
group for the department of social and rehabilitation services shall include foster care and
adoption services in caseload estimates''; in line 41, by striking ``$31,737,751'' and inserting
``$30,937,751'';

On page 70, in line 2, by striking ``$206,835,693'' and inserting ``$204,260,413''; in line 5,
by striking all following ``further,''; by striking all in line 6 through 13; in line 14, by striking
all preceding the period and inserting ``That expenditures shall be made by the department
of social and rehabilitation services from the other medical assistance account of the state
general fund for fiscal year 2001 to conduct a review and study of (1) the current rules and
regulations, administrative policies and practices of the department of social and
rehabilitation services and the applicable federal statutes and regulations regarding
exemptions from income for purposes of eligibility determinations for medical assistance,
including kinds and amounts of allowable expenditures or other utilizations of assets to
acquire exempt or other property so that such assets are excluded from such income
calculations and also including the use of trusts to allowably reduce an individual's net worth
when applying for medical assistance, (2) the kinds and amounts of assets that are excluded
from the medical assistance eligibility determinations, (3) the methods used to inventory
and value the real and personal property of an applicant for medical assistance, (4) the
policies and procedures utilized by the department to enforce the current eligibility
determination procedures, (5) the efforts of the department to inform and educate
applicants for medical assistance about long-term care and other insurance products
available to meet the medical and other needs of such applicants, (6) the efforts of the
department to inform and educate applicants for medical assistance of the department's
powers and duties under state and federal laws to recover the costs of medical assistance
provided from the estates of medical assistance recipients, and (7) the amount of moneys
and other assets recovered during the past fiscal year from the estates of deceased recipients
of medical assistance: And provided further, That the secretary of social and rehabilitation
services shall submit a comprehensive report to the legislature at the beginning of the 2001
regular session setting forth the results of such review and study: And provided further,
That, with regard to the medicaid pharmacy budget, the secretary of social and rehabilitation
services (A) shall not increase the average wholesale price discount above 12%, (B) shall
provide a statewide uniform dispensing fee that is applicable in all areas except in rural
areas of the state or in cities and counties where competition does not exist for pharmacy
business, and (C) shall establish a unit dosage dispensing fee'';

On page 72, in line 29, by striking ``$278,268,505'' and inserting ``$278,641,495''; in line
41, by striking ``$54,752,727'' and inserting ``$54,753,127'';

On page 73, in line 2, preceding the period, by inserting ``: Provided further, That
notwithstanding the provisions of K.S.A. 1999 Supp. 39-7,154 and amendments thereto, the
child support collection pass-through payments are hereby eliminated for FY 2001 and no
expenditures shall be made from the social welfare fund for payment of any amounts
pursuant to K.S.A. 1999 Supp. 39-7,154 and amendments thereto'';

On page 74, preceding line 6, by inserting new material to read as follows:

``Flexible spending fund--HCBS/MR waiver

$15,300,000

Provided, That no expenditures shall be made from the flexible spending fund--HCBS/MR
waiver except upon approval of the state finance council acting on this matter which is
hereby characterized as a matter of legislative delegation and subject to the guidelines
prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto and acting on this
matter after receiving the certification of the director of the budget that sufficient moneys
are not available in the flexible spending fund pursuant to the intergovernmental transfer
program.

State medicaid match fund--SRS	$0'';
HCBS programs fund	$800,000

Provided, That no expenditures shall be made from the HCBS programs fund except upon
approval of the state finance council acting on this matter which is hereby characterized as
a matter of legislative delegation and subject to the guidelines prescribed in subsection (c)
of K.S.A. 75-3711c and amendments thereto and acting on this matter after receiving the
certification of the director of the budget that sufficient moneys are available in the HCBS
programs fund pursuant to the intergovernmental transfer program.

On page 75, preceding line 26, by inserting new material to read as follows:

``(l) On July 1, 2000, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer $15,300,000 from the flexible spending fund of the department
of administration to the flexible spending fund--HCBS/MR waiver of the department of
social and rehabilitation services: Provided, That no transfer shall be made under this
subsection except upon approval of the state finance council acting on this matter which is
hereby characterized as a matter of legislative delegation and subject to the guidelines
prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto and acting on this
matter after receiving the certification of the director of the budget that sufficient moneys
are not available in the flexible spending fund pursuant to the intergovernmental transfer
program.'';

Also on page 75, in line 43, preceding the period, by inserting ``: Provided further, That
expenditures shall be made by the department of education from the operating expenditures
account of the state general fund for fiscal year 2001 to conduct a review and study of
expenditures for special education services by unified school districts, unified school district
interlocal cooperatives and unified school district cooperatives for school year 1999-2000:
And provided further, That such study shall encompass all special education expenditures
and shall include a review of variations among such entities in the amount of special
education services aid received by such entities and the reasons therefor: And provided
further, That the state board of education shall report the findings and conclusions of such
review and study to the legislature at the beginning of the regular session in 2001'';

On page 76, in line 19, by striking ``$1,820,567,000'' and inserting ``$1,813,086,000''; in
line 27, by striking ``$82,059,000'' and inserting ``$81,779,000''; in line 31, by striking ``fund''
and inserting ``account''; in line 35, by striking ``fund'' and inserting ``account''; in line 38,
by striking ``fund'' and inserting ``account''; in line 41, by striking the colon; by striking all
in lines 42 and 43;

On page 77, by striking all in lines 1 through 3; in line 4, by striking all before the period;

On page 80, by striking all in lines 28 through 43;

On page 81, by striking all in lines 1 through 4; preceding line 5, by inserting new material
to read as follows:

``Flexible spending fund--general state aid

$7,761,000

Provided, That no expenditures shall be made from the flexible spending fund--general
state aid except upon approval of the state finance council acting on this matter which is
hereby characterized as a matter of legislative delegation and subject to the guidelines
prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto and acting on this
matter after receiving the certification of the director of the budget that sufficient moneys
are available in the flexible spending fund pursuant to the intergovernmental transfer
program.

Flexible spending fund--special education services aid

$14,600,000

Provided, That expenditures shall not be made from the flexible spending fund--special
education services aid for the provision of instruction for any homebound or hospitalized
child unless the categorization of such child as exceptional is conjoined with the
categorization of the child within one or more of the other categories of exceptionality:
Provided further, That expenditures shall be made from this account for grants to school
districts in amounts determined pursuant to and in accordance with the provisions of K.S.A.
1999 Supp. 72-983 and amendments thereto: And provided further, That expenditures shall
be made from the amount remaining in this account, after deduction of the expenditures
specified in the foregoing proviso, for payments to school districts in amounts determined
pursuant to and in accordance with the provisions of K.S.A. 72-978 and amendments thereto:
And provided further, That no expenditures shall be made from the flexible spending fund--
special education services aid except upon approval of the state finance council acting on
this matter which is hereby characterized as a matter of legislative delegation and subject
to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto
and acting on this matter after receiving the certification of the director of the budget that
sufficient moneys are available in the flexible spending fund pursuant to the
intergovernmental transfer program.'';

Also on page 81, in line 9, by striking ``$35,000'' and inserting ``$30,000''; preceding line
26, by inserting new material as follows:

``(e) On July 1, 2000, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer $7,761,000 from the flexible spending fund of the department of
administration to the flexible spending fund--general state aid of the department of
education: Provided, That no transfer shall be made under this subsection except upon
approval of the state finance council acting on this matter which is hereby characterized as
a matter of legislative delegation and subject to the guidelines prescribed in subsection (c)
of K.S.A. 75-3711c and amendments thereto and acting on this matter after receiving the
certification of the director of the budget that sufficient moneys are available in the flexible
spending fund pursuant to the intergovernmental transfer program.

(f) On July 1, 2000, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer $14,600,000 from the flexible spending fund of the department
of administration to the flexible spending fund--special education services aid of the
department of education: Provided, That no transfer shall be made under this subsection
except upon approval of the state finance council acting on this matter which is hereby
characterized as a matter of legislative delegation and subject to the guidelines prescribed
in subsection (c) of K.S.A. 75-3711c and amendments thereto and acting on this matter
after receiving the certification of the director of the budget that sufficient moneys are
available in the flexible spending fund pursuant to the intergovernmental transfer program.'';

On page 81, in line 38, by striking ``$3,810,608'' and inserting ``$3,640,608''; in line 40,
by striking ``$2,792,531'' and inserting ``$2,622,531'';

On page 82, preceding line 12, by inserting new material to read as follows:

``EDIF--grants-in-aid to libraries fund

$170,000

Provided, That on July 15, 2000, or as soon thereafter as moneys are available, the director
of accounts and reports shall transfer $170,000 from the Kansas economic development
initiatives fund of the department of commerce and housing to the EDIF--grants-in-aid to
libraries fund of the state library: Provided further, That all expenditures from the EDIF--
grants-in-aid to libraries fund shall be distributed as grants-in-aid to libraries in accordance
with K.S.A. 75-2555 and amendments thereto.'';

Also on page 82, in line 16, by striking ``$443,036'' and inserting ``323,926''; preceding
line 41, by inserting new material as follows:

``EDIF--arts commission fund

No limit'';

On page 83, preceding line 9, by inserting new material to read as follows:

``(c) On July 15, 2000, or as soon thereafter as moneys are available, the director of
accounts and reports shall transfer $119,110 from the Kansas economic development
endowment account of the state economic development initiatives fund of the department
of commerce and housing to the EDIF--arts commission fund of the Kansas arts
commission.'';

Also on page 83, preceding line 20, by inserting new material to read as follows:

``Any unencumbered balance in excess of $100 as of June 30, 2000, in the technology lending
library account is hereby reappropriated for fiscal year 2001: Provided, however, That all
expenditures from the technology lending library account shall be made only for the purpose
of matching an equal or greater amount of federal or other nonstate governmental grant
moneys or private grant or donation moneys, or any combination thereof, received by the
Kansas state school for the blind: Provided further, That no expenditures shall be made
from this account except upon approval of the state finance council acting on this matter
which is hereby characterized as a matter of legislative delegation and subject to the
guidelines prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto, after
receiving information that the Kansas state school for the blind has received the required
matching funds.'';

On page 86, in line 28, by striking ``$70,000'' and inserting ``$60,000''; in line 42, by striking
``$30,420,473'' and inserting ``$30,445,146'';

On page 89, in line 25, by striking ``$101,400,087'' and inserting ``$101,513,314'';

On page 93, in line 12, by striking ``$754,934'' and inserting ``$756,009''; in line 17, by
striking ``$17,202,081'' and inserting ``$17,227,041''; in line 22, by striking ``$28,407,680''
and inserting ``$28,441,358'';

On page 94, in line 39, by striking ``$9,271,884'' and inserting ``$9,281,927'';

On page 96, in line 13, by striking ``$29,353,768'' and inserting ``$29,378,363'';

On page 98, in line 29, by striking ``$31,719,440'' and inserting ``$31,750,938'';

On page 101, in line 10, by striking ``$124,840,272'' and inserting ``$124,962,880''; in line
14, by striking ``$6,023,677'' and inserting ``$6,032,341'';

On page 105, in line 25, by striking ``$98,411,952'' and inserting ``$98,539,396'';

On page 106, in line 8, preceding the colon, by inserting ``; university of Kansas physicians,
inc., reimbursements'';

On page 108, in line 18, by striking ``$62,556,693'' and inserting ``$62,618,059'';

On page 111, in line 3, by striking ``$1,340,393'' and inserting ``$1,278,688''; in line 11,
by striking ``$10,846,031'' and inserting ``$10,396,766''; in line 12, by striking ``$377,139''
and inserting ``$361,069''; in line 16, by striking ``$140,000'' and inserting ``$135,450''; in
line 20, by striking ``$560,674'' and inserting ``$538,951''; in line 29, by striking ``$199,912''
and inserting ``$192,166''; in line 37, by striking ``$388,554'' and inserting ``$374,277''; in
line 39, by striking ``$256,560'' and inserting ``$248,563'';

On page 113, in line 13, by striking ``$9,316,110'' and inserting ``$9,566,110'';

On page 114, by striking all in line 31 through 36; preceding line 37, by inserting new
material to read as follows:

``Comprehensive grant program

$250,000

(d) On July 15, 2000, or as soon after such date as moneys are available, the director of
accounts and reports shall transfer $794,416 from the Kansas economic development
endowment account of the state economic development initiatives fund of the department
of commerce and housing to the economic development initiatives fund of the state board
of regents.

(e) On August 15, 2000, and on the 15th day of each month thereafter during the fiscal
year ending June 30, 2001, or as soon after such date as moneys are available, the director
of accounts and reports shall transfer $794,415 from the Kansas economic development
endowment account of the state economic development initiatives fund of the department
of commerce and housing to the economic development initiatives fund of the state board
of regents.'';

On page 115, in line 20, by striking ``$30,843,800'' and inserting ``$31,080,800''; in line
34, by striking ``$23,034,087'' and inserting ``$22,996,537''; in line 42, by striking
``$31,072,789'' and inserting ``$30,894,098'';

On page 116, in line 7, by striking ``$8,295,883'' and inserting ``$8,221,828''; in line 15,
by striking ``$9,033,466'' and inserting ``$9,000,551''; in line 23, by striking ``$11,508,398''
and inserting ``$11,277,695''; in line 31, by striking ``$16,736,440'' and inserting
``$17,290,354''; in line 39, by striking ``$6,924,578'' and inserting ``$7,256,174'';

On page 120, following line 9, by inserting new material to read as follows:

``(d) On July 1, 2000, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer $250,000 from the correctional industries fund to the department
of corrections--general fees fund: Provided, That the secretary of corrections may transfer
moneys during fiscal year 2001 from the department of corrections--general fees fund to
the general fees fund of any correctional institution for the purpose of funding inmate work
crew supervisor positions.'';

Also on page 120, in line 14, by striking ``$33,657,573'' and inserting ``$34,385,360''; in
line 23, by striking ``$12,539,439'' and inserting ``$11,811,652'';

On page 123, by striking all in lines 19 through 28;

On page 124, preceding line 33, by inserting new material to read as follows:

``EDIF--educational assistance fund

$50,000

(c) On July 15, 2000, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer $50,000 from the Kansas economic development endowment
account of the state economic development initiatives fund of the department of commerce
and housing to the EDIF--educational assistance fund of the adjutant general.'';

On page 126, in line 32, by striking ``personal sidearms'' and inserting ``such trooper or
other sworn officer's personal sidearm with a trigger lock''; in line 34, preceding the colon,
by inserting ``for the amount equal to the total of the cost of the sidearm plus the cost of
the trigger lock''; in line 41, following ``sidearms'', by inserting ``and trigger locks'';

On page 128, in line 25, by striking ``$12,353,238'' and inserting ``$12,401,008'';

On page 130, in line 8, preceding the period by inserting ``: And provided further, That
expenditures from any moneys received from the division of alcoholic beverage control and
credited to the KBI general fees fund may be made by the Kansas bureau of investigation
for all purposes for which expenditures may be made for operating expenditures''; in line
29, by striking ``$64,008'' and inserting ``$79,008'';

On page 134, preceding line 36, by inserting new material as follows:

``(f) On July 1, 2000, the director of accounts and reports shall transfer $426,224 from
the grain inspection fee fund of the Kansas department of agriculture to the state general
fund.'';

On page 136, in line 13, by striking ``$125,000'' and inserting ``$134,000''; in line 17, by
striking ``$125,000'' and inserting ``$134,000'';

On page 140, preceding line 22, by inserting new material to read as follows:

``(c) On July 1, 2000, the director of accounts and reports shall transfer $633,370 from
the water marketing fund of the Kansas water office to the state general fund.

(d) If it appears that the resources in the fiscal year ending June 30, 2001, are insufficient
to meet in full the estimated expenditures as they become due to meet the financial
obligations imposed by law on the water marketing fund of the Kansas water office as a
result of a cash flow shortfall, the pooled money investment board is authorized and directed
to loan to the director of the Kansas water office sufficient funds to maintain the cash flow
of the water marketing fund. No loan shall be made unless the terms thereof have been
approved by the director of the budget. The pooled money investment board is authorized
and directed to use any moneys in the operating accounts, investment accounts or other
investments of the state of Kansas to provide the funds for such loan. Each such loan shall
be repaid without interest within one year from the date of the loan.'';

Also on page 140, in line 40, by striking ``$21,748,349'' and inserting ``$22,139,970'';

On page 141, in line 18, by striking ``$1,232,339'' and inserting ``$1,186,682'';

On page 142, by striking all in line 12; in line 25, by striking ``$500,000'' and inserting
``$250,000'';

On page 143, in line 2, by striking ``$500,000'' and inserting ``$250,000'';

On page 144, in line 36, by striking ``$210,875,792'' and inserting ``$209,875,792'';

On page 146, by striking all in line 6 through 22; preceding line 23 by inserting new
material to read as follows:

``(g) For the fiscal year commencing on and after July 1, 2000, the department of
transportation shall prepare and submit along with the documents required under K.S.A.
75-3717, and amendments thereto, additional documents that present the revenues,
transfers, and expenditures that are considered to be in support of the comprehensive
transportation program authorized by K.S.A. 1999 Supp. 68-2314a et seq. The documents
shall include both reportable as well as nonreportable and off-budget items that reflect the
revenues, transfers and expenditures associated with the comprehensive transportation
program.'';

On page 148, in line 2, by striking ``78.0'' and inserting ``79.0''; in line 23, by striking
``765.6'' and inserting ``760.6''; in line 33, by striking ``3,068.0'' and inserting ``3,063.0'';

On page 153, in line 19, by striking ``$4,086,263'' and inserting ``$4,000,720'';

On page 154, in line 10, by striking ``$425,641'' and inserting ``$425,141''; in line 12, by
striking ``$1,000'' and inserting ``$500''; in line 16, by striking ``30'' and inserting ``36'';
preceding line 37, by inserting new material as follows:

``Sec. 76.

KANSAS AGRICULTURAL REMEDIATION BOARD (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 2001, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:

Kansas agricultural remediation fund

(b) On the effective date of this act, the director of accounts and reports shall transfer
$426,223 from the grain inspection fee fund of the Kansas department of agriculture to the
Kansas agricultural remediation fund of the Kansas agricultural remediation board.

Sec. 77.

STATE FAIR BOARD (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 2001, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:

State fair capital improvements fund	No limit
SBSF--encampment building renovation fund	No limit
EDIF--capital improvements fund	$100,000

(b) On or before the 10th of each month during the fiscal year ending June 30, 2001, the
director of accounts and reports shall transfer from the state general fund to the state fair
capital improvements fund interest earnings based on: (1) The average daily balance of
moneys in the state fair capital improvements fund for the preceding month; and (2) the
net earnings rate for the pooled money investment portfolio for the preceding month.

(c) On July 15, 2000, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer $100,000 from the Kansas economic development endowment
account of the state economic development initiatives fund of the department of commerce
and housing to the EDIF--capital improvements fund of the state fair board.

(d) On the effective date of this act, the director of accounts and reports shall transfer all
moneys in the grandstand renovation project fund, grandstand cost of issuance fund,
grandstand principal and interest fund, grandstand renovation reserve fund, grandstand
rebate fund, grandstand renovation surplus fund and grandstand contingency fund to the
state fund. On the effective date of this act, all liabilities of the grandstand renovation project
fund, grandstand cost of issuance fund, grandstand principal and interest fund, grandstand
renovation reserve fund, grandstand rebate fund, grandstand renovation surplus fund and
grandstand contingency fund are hereby transferred to and imposed on the state general
fund. On the effective date of this act, the grandstand renovation project fund, grandstand
cost of issuance fund, grandstand principal and interest fund, grandstand renovation reserve
fund, grandstand rebate fund, grandstand renovation surplus fund and grandstand
contingency fund are hereby abolished.

Sec. 78.

DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES (a) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 2001, for the capital improvement project or projects
specified as follows:

Rehabilitation and repair projects

$3,987,897

Provided, That the secretary of social and rehabilitation services is hereby authorized to
transfer moneys during fiscal year 2001 from the rehabilitation and repair projects account
to a rehabilitation and repair account for any institution, as defined by K.S.A. 76-12a01 or
76-12a18 and amendments thereto, for projects approved by the secretary of social and
rehabilitation services: Provided further, That expenditures also may be made from this
account during fiscal year 2001 for the purposes of rehabilitation and repair for facilities of
the department of social and rehabilitation services other than any institution, as defined by
K.S.A. 76-12a01 or 76-12a18 and amendments thereto: And provided further, That no
expenditures shall be made from this account for Rainbow mental health facility other than
capital improvements to maintain the buildings and facilities, to comply with the
requirements of applicable life safety codes, or to correct conditions that would endanger
the health or safety of individuals at the Rainbow mental health facility.

(b) In addition to the purposes for which expenditures may be made by the above agency
from the other state fees fund for fiscal year 2001, expenditures may be made by the above
agency from the other state fees fund for fiscal year 2001 for the following capital
improvement project or projects, subject to the expenditure limitations prescribed therefor:

Area office rehabilitation and repair

$166,000

Provided, That expenditures from the area office rehabilitation and repair account shall be
in addition to any expenditure limitation imposed on the other state fees fund for fiscal year
2001.

(c) On the effective date of this act, any unencumbered balance in each of the following
accounts of the state institutions building fund is hereby lapsed: Institutional rehabilitation
& repair projects account of Rainbow mental health facility.

(d) No moneys appropriated for fiscal year 2000 by chapter 132 or 160 of the 1999 Session
Laws of Kansas or 2000 Senate Bill No. 39 or for fiscal year 2001 by this act or any other
appropriation act of the 2000 regular session of the legislature for the department of social
and rehabilitation services or any other state agency shall be expended to close Rainbow
mental health facility unless the closing of Rainbow mental health facility is specifically
authorized by act of the legislature.

(e) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 2000, for the capital improvement project or projects
specified as follows:

Sex predator contingency fund

$750,000

Sec. 79.

KANSAS STATE SCHOOL FOR THE BLIND (a) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 2001, for the capital improvement project or projects
specified as follows:

Rehabilitation and repair projects	$58,270
Fire alarm system upgrade	$78,390

Sec. 80.

KANSAS STATE SCHOOL FOR THE DEAF (a) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 2001, for the capital improvement project or projects
specified as follows:

Rehabilitation and repair projects, air-conditioning	$188,000
Pool and laundry roof replacement	$200,000
Roberts building renovation	$341,200

Sec. 81.

DEPARTMENT OF CORRECTIONS

(a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 2001, for the capital improvement project or projects specified as
follows:

Debt service payment for the revenue refunding bond issue	$6,226,000
Debt service payment for the Wichita work release facility bond issue	$167,000
Debt service payment for the Ellsworth correctional facility at Ellsworth,Kansas	$1,462,000
Debt service payment for the reception and diagnostic unit relocation bond issue	$948,000

(b) There is appropriated for the above agency from the correctional institutions building
fund for the fiscal year ending June 30, 2001, for the capital improvement project or projects
specified as follows:

Debt service payment for the revenue refunding bond issues	$1,000,000
Capital improvements--rehabilitation, remodeling, renovation and repairof correctional institutions	$4,004,010

Provided, That the secretary of corrections is hereby authorized to transfer moneys during
fiscal year 2001 from the capital improvements--rehabilitation, remodeling, renovation and
repair of correctional institutions account of the correctional institutions building fund to
an account or accounts of the correctional institutions building fund of any institution or
facility under the jurisdiction of the secretary of corrections to be expended during fiscal
year 2001 by the institution or facility for capital improvement projects, including security
improvement projects and hazardous waste cleanup at Lansing correctional facility,
approved by the secretary of corrections.

(c) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 2001, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:

Violent offenders incarceration and truth in sentencing incentive grants--federal fund	No limit
Refunding lease revenue bond issue--principal and interest fund--A-1 bonds	No limit
Refunding lease revenue bond issue--principal and interest fund--A-2 bonds	No limit
Lease revenue bond issue--principal and interest fund--H bonds	No limit
Lease revenue bond issue--principal and interest fund--J bonds	No limit
Revenue refunding bond issue--principal and interest fund--L bonds	No limit
Reception and diagnostic unit replacement project revenue fund	No limit

(d) During the fiscal year ending June 30, 2001, the department of corrections is hereby
authorized to make expenditures to raze building number 538 (Hutchinson range tower).

Sec. 82.

STATE HISTORICAL SOCIETY (a) On July 1, 2000, any unencumbered balance in excess of $100 as of June 30, 2000, in
each of the following capital improvement accounts of the state general fund is hereby
reappropriated for fiscal year 2001: Rehabilitation and repair projects; construct storage bay
#3.

(b) There is hereby appropriated for the above agency from the following special revenue
fund or funds for the fiscal year ending June 30, 2001, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

Historical society capital improvements fund

No limit

Sec. 83.

INSURANCE DEPARTMENT (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 2001, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

Insurance building principal and interest payment fund	No limit
Insurance department rehabilitation and repair fund	No limit

Sec. 84.

DEPARTMENT OF ADMINISTRATION (a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 2001, for the capital improvement project or projects specified as
follows:

Energy conservation improvements--debt service

$2,494,994

Any unencumbered balance in excess of $100 as of June 30, 2000, in each of the following
capital improvement accounts is hereby reappropriated for fiscal year 2001: Rehabilitation
and repair for state facilities; fire and safety alarms--statehouse; roof repair at center section
and rotunda--statehouse; judicial center carpet replacement; judicial center renovation
planning; statehouse grounds and facility improvements; memorial hall security; statehouse
committee room planning, remodel and relocation; Cedar Crest repair and renovation.

(b) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 2001, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

Master lease program fund	No limit
State buildings depreciation fund	$0

(c) In addition to the other purposes for which expenditures may be made from the state
budget stabilization fund for fiscal year 2001, expenditures may be made by the above agency
from the state budget stabilization fund for fiscal year 2001 from any unencumbered balance
as of June 30, 2000, in each of the following capital improvement accounts of the state
budget stabilization fund: Statehouse elevators renovation; statehouse grounds & facility
improvements; statehouse fire and safety alarms: Provided, That the expenditures for fiscal
year 2001 from the unencumbered balance of any such account shall not exceed the amount
of the unencumbered balance in such account on June 30, 2000: Provided further, That all
expenditures from the state budget stabilization fund for the fiscal year 2001 from the
unencumbered balance in any such account shall be in addition to any expenditure limitation
imposed on the state budget stabilization fund for the fiscal year 2001.

(d) In addition to the other purposes for which expenditures may be made by the above
agency from the building and ground fund for fiscal year 2001, expenditures may be made
by the above agency from the following capital improvement account or accounts of the
building and ground fund for fiscal year 2001 for the following capital improvement project
or projects, subject to the expenditure limitations prescribed therefor:

Paint and grounds shop--debt service

No limit

(e) In addition to the other purposes for which expenditures may be made by the above
agency from the state buildings depreciation fund for fiscal year 2001, expenditures may be
made by the above agency from the following capital improvement account or accounts of
the state buildings depreciation fund for fiscal year 2001 for the following capital
improvement project or projects, subject to the expenditure limitations prescribed therefor:

Rehabilitation and repair	$100,000
Docking fire suppression system installation	$300,000
Landon fire suppression system installation	$250,000
Landon electrical system failure mode study	$130,000
Docking renovation--debt service	No limit
Landon & Statehouse steam tunnel and walkway planning andconstruction	$345,500
Docking heating, ventilation and air-conditioning system renovations	$250,000
Landon security improvements	$110,000

Provided, That all expenditures from each such capital improvement account shall be in
addition to any expenditure limitation imposed on the state buildings depreciation fund for
fiscal year 2001.

(f) In addition to the other purposes for which expenditures may be made by the above
agency from the state buildings depreciation fund for fiscal year 2001, expenditures may be
made by the above agency from the state buildings depreciation fund for fiscal year 2001
from the unencumbered balance as of June 30, 2000, in each capital improvement account
of the state buildings depreciation fund for one or more projects approved for prior fiscal
years: Provided, That expenditures from the unencumbered balance in any such account
shall not exceed the amount of the unencumbered balance in such account on June 30,
2000: Provided further, That all expenditures from any such account shall be in addition to
any expenditure limitation imposed on the state buildings depreciation fund for fiscal year
2001.

(g) In addition to the other purposes for which expenditures may be made by the above
agency from the state buildings operating fund for fiscal year 2001, expenditures may be
made by the above agency from the following capital improvement account or accounts of
the state buildings operating fund for fiscal year 2001 for the following capital improvement
project or projects, subject to the expenditure limitations prescribed therefor:

Landon state office building--debt service	No limit
Memorial hall--debt service	No limit
Energy conservation projects	No limit

(h) In addition to the other purposes for which expenditures may be made by the above
agency from the motor pool service fund for fiscal year 2001, expenditures may be made
by the above agency from the following capital improvement account or accounts of the
motor pool service fund for fiscal year 2001 for the following capital improvement project
or projects, subject to the expenditure limitations prescribed therefor:

Motor pool shop--debt service

No limit

(i) In addition to the other purposes for which expenditures may be made from the
intragovernmental printing service fund for fiscal year 2001, expenditures may be made by
the above agency from the following capital improvement account or accounts of the
intragovernmental printing service fund for fiscal year 2001 for the following capital
improvement project or projects, subject to the expenditure limitations prescribed therefor:

Printing plant--debt service

No limit

Sec. 85.

DEPARTMENT OF COMMERCE AND HOUSING (a) In addition to the other purposes for which expenditures may be made from the Kansas
economic development endowment account of the state economic development initiatives
fund for fiscal year 2001, moneys may be expended by the above agency from the Kansas
economic development endowment account of the state economic development initiatives
fund for fiscal year 2001 for the following capital improvement project or projects, subject
to the expenditure limitations prescribed therefor:

Rehabilitation and repair--travel information centers

$15,000

Provided, That all expenditures by the above agency from the rehabilitation and repair--
travel information centers subaccount of the Kansas economic development endowment
account of the state economic development initiatives fund for fiscal year 2001 shall be in
addition to any expenditure limitation imposed on the Kansas economic development
endowment account of the state economic development initiatives fund for fiscal year 2001.

(b) In addition to the other purposes for which expenditures may be made by the
department of commerce and housing from the publication and other sales fund for fiscal
year 2001, expenditures may be made by the above agency from the publication and other
sales fund for fiscal year 2001 for the following capital improvement project or projects,
subject to the expenditure limitations prescribed therefor:

Construct new travel information center near Goodland

$100,000

(c) In addition to the other purposes for which expenditures may be made from the Kansas
economic development endowment account of the state economic development initiatives
fund for fiscal year 2002, moneys may be expended by the above agency from the Kansas
economic development initiatives fund for fiscal year 2002 for the following capital
improvement project or projects, subject to the expenditure limitations prescribed therefor:

Construct new travel information center near Goodland

$100,000

Provided, That all expenditures by the above agency from the construct new travel
information center near Goodland subaccount of the Kansas economic development
endowment account of the state economic development initiatives fund for fiscal year 2002
shall be in addition to any expenditure limitation imposed on the Kansas economic
development initiatives fund for fiscal year 2002.

Sec. 86.

FORT HAYS STATE UNIVERSITY (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 2001, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

Lewis field renovation--bond and interest sinking fund	No limit
Lewis field renovation--revenue fund	No limit

Sec. 87.

KANSAS STATE UNIVERSITY (a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 2001, for the capital improvement project or projects specified as
follows:

Lease payment--Salina aeronautical center (including aeronauticallaboratory center)

$189,446

(b) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 2001, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

Federal construction funds fund	No limit
Bond construction funds fund	No limit
Coliseum repair, equipment and improvement fund	No limit
Housing system project revenue fund	No limit
Housing facilities renovation bond fund, KDFA D bonds, 1989	No limit
Parking system refunding revenue bond fund, KDFA G bonds, 1995	No limit
Housing system bond fund, KDFA H bonds, 1993	No limit
Farrell library renovation/expansion-gifts/donations fund	No limit
Plan/construct/equip Farrell library renovation/expansion fund	No limit
Farrell library expansion revenue bond fund, KDFA K bonds, 1995	No limit
Recreation complex revenue bond fund, KDFA D bonds, 1993	No limit
Plant science building phase II -- special revenue fund	No limit
Site improvements fund	No limit
College center construction fund	No limit
Bluemont hall defects repair fund	No limit
Engineering complex phase II private gift fund	No limit
Student recreation building repair, equipment & improvement fund	No limit
Coliseum/stadium parking repair & improvement fund	No limit
Energy conservation projects fund	No limit
Student union renovation and expansion fund	No limit

Provided, That Kansas state university may make expenditures from the student union
renovation and expansion fund for the capital improvement project to renovate and expand
the student union in an amount of not more than $11,500,000, plus all amounts required
for cost of bond issuance, cost of interest on the bonds during the construction of the project
and required reserves for the payment of principal and interest on the bonds: Provided
further, That such capital improvement project is hereby approved for Kansas state
university for the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto
and the authorization of the issuance of bonds by the Kansas development finance authority
in accordance with that statute: And provided further, That all moneys received from the
issuance of any such bonds shall be deposited in the state treasury to the credit of this fund.

Ackert hall addition--federal fund	No limit
Ackert hall addition--gifts and grants fund	No limit
Ackert hall addition--special revenue fund	No limit

Provided, That Kansas state university may make expenditures from the Ackert hall
addition--special revenue fund for the project to construct an addition to Ackert hall in
addition to the expenditure of other moneys appropriated therefor: Provided, however, That
expenditures from this fund for such capital improvement project shall not exceed
$1,500,000 plus all amounts required for costs of any bond issuance, costs of interest on any
bond issued or obtained for such capital improvement project and any required reserves for
payment of principal and interest on any bond: Provided further, That such capital
improvement project is hereby approved for Kansas state university for the purposes of
subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization of the
issuance of bonds by the Kansas development finance authority in accordance with that
statute: And provided further, That all moneys received from the issuance of any such bonds
shall be deposited in the state treasury to the credit of this fund.

Student and staff parking garage--special revenue fund

No limit

Provided, That Kansas state university may make expenditures from the student and staff
parking garage--special revenue fund for the capital improvement project to construct a
parking garage in addition to the expenditure of other moneys appropriated therefor:
Provided, however, That expenditures from this fund for such capital improvement project
shall not exceed $10,500,000 plus all amounts required for costs of any bond issuance, costs
of interest on any bond issued or obtained for such capital improvement project and any
required reserves for payment of principal and interest on any bond: Provided further, That
such capital improvement project is hereby approved for Kansas state university for the
purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization
of the issuance of bonds by the Kansas development finance authority in accordance with
that statute: And provided further, That all moneys received from the issuance of any such
bonds shall be deposited in the state treasury to the credit of this fund.

Football stadium expansion--special revenue fund

No limit

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

(c) In addition to the other purposes for which expenditures may be made by the above
agency from the restricted fees fund for the fiscal year ending June 30, 2001, expenditures
may be made by the above agency from the appropriate account or accounts of the restricted
fees fund during fiscal year 2001 for the following capital improvement project or projects,
subject to the expenditure limitations prescribed therefor:

Biological and agricultural engineering research storage building	No limit
Konza prairie preserve storage building	No limit
Improvements to grain science value added laboratory	No limit
Construct a materials acoustics laboratory	No limit

(d) In addition to the other purposes for which expenditures may be made by the above
agency from the student union renovation and expansion fund for fiscal year 2001,
expenditures may be made by the above agency from the student union renovation and
expansion fund for fiscal year 2001 for costs associated with roof repair on an existing portion
of the student union building.

(e) In addition to the other purposes for which expenditures may be made by the above
agency from the sponsored research overhead fund for fiscal year 2001, expenditures may
be made by the above agency from the sponsored research overhead fund for the fiscal year
2001 for the following capital improvement project or projects, subject to the expenditure
limitations prescribed therefor:

Accelerated testing laboratory garage addition	No limit
Accelerated testing laboratory storage/equipment shed	No limit
Salina national gas machinery laboratory	No limit

(f) During the fiscal year ending June 30, 2001, Kansas state university is hereby
authorized to make expenditures to raze Dennison hall and to raze portions of building no.
025 (Seaton hall).

Sec. 88.

KANSAS STATE UNIVERSITY EXTENSION SYSTEMS AND AGRICULTURE RESEARCH PROGRAMS (a) In addition to the other purposes for which expenditures may be made by the above
agency from the restricted fees fund for the fiscal year ending June 30, 2001, expenditures
may be made by the above agency from the appropriate account or accounts of the restricted
fees fund during fiscal year 2001 for the following capital improvement project or projects:

Validation/fresh meats processing laboratory	No limit
Renovate laboratories in Throckmorton hall	No limit
Warehouse expansion--department of agronomy building	No limit
Scandia experiment field office facility	No limit
Equipment/pesticide storage buildings	No limit
Southwest research extension center office/administrative facility	No limit
Equine education and research center	No limit
Southeast agriculture research center buildings	No limit
South central agronomy experiment field office and storage building	No limit
Grain science center	No limit
Agricultural shop buildings--east central Kansas experiment field	No limit
Animal science swine facility	No limit
Construct east Kansas horticulture research center	No limit

(b) In addition to the other purposes for which expenditures may be made by the above
agency from the sponsored overhead research fund for fiscal year 2001, expenditures may
be made by the above agency from the sponsored research overhead fund for the fiscal year
2001 for the following capital improvement project or projects, subject to the expenditure
limitations prescribed therefor:

Southeast agriculture research center buildings

No limit

Sec. 89.

KANSAS STATE UNIVERSITY VETERINARY MEDICAL CENTER (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 2001, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:

Greyhound research facility expansion fund	No limit
Energy conservation projects fund	No limit

Sec. 90.

EMPORIA STATE UNIVERSITY (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 2001, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

Student union refurbishing fund	No limit
Bond construction funds fund	No limit
Student union addition bond and interest sinking fund	No limit
Twin towers project revenue fund	No limit
Twin towers bond and interest sinking fund	No limit
Twin towers maintenance and equipment reserve fund	No limit
Student recreational building fund	No limit

Provided, That Emporia state university may make expenditures from the student
recreational building fund for the capital improvement project to plan and construct a
student recreational center in an amount of not more than $3,000,000, plus all amounts
required for the cost of bond issuance, cost of interest on the bond during planning and
construction of the project and required reserves for the payment of principal and interest
on the bonds: Provided further, That such capital improvement project is hereby approved
for Emporia state university for the purpose of subsection (b) of K.S.A. 74-8905 and
amendments thereto and authorization of the issuance of bonds by the Kansas development
finance authority in accordance with that statute: And provided further, That all moneys
received from the issuance of any such bonds shall be deposited into the state treasury to
the credit of this fund.

Sec. 91.

PITTSBURG STATE UNIVERSITY (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 2001, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

Horace Mann construction fund

No limit

Provided, That Pittsburg state university may make expenditures from the Horace Mann
construction fund for the renovation of the Horace Mann building: Provided further, That
the capital improvement project to renovate the Horace Mann building is hereby approved
for Pittsburg state university for the purposes of subsection (b) of K.S.A. 74-8905 and
amendments thereto and the authorization of the issuance of bonds by the Kansas
development finance authority in accordance with that statute: And provided further, That
all moneys received from the issuance of any such project bonds shall be deposited to the
credit of this fund.

Willard hall construction fund

No limit

Provided, That Pittsburg state university may make expenditures from the Willard hall
construction fund for the renovation of Willard hall: Provided further, That the capital
improvement project to renovate Willard hall is hereby approved for Pittsburg state
university for the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto
and the authorization of the issuance of bonds by the Kansas development finance authority
in accordance with that statute: And provided further, That all moneys received from the
issuance of any such project bonds shall be deposited to the credit of this fund.

Suspense fund

No limit

Sec. 92.

UNIVERSITY OF KANSAS (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 2001, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

Student union renovation revenue fund	No limit
Student health facility maintenance, repair, and equipment fee fund	No limit
Parking facilities surplus fund--KDFA G bonds, 1993	No limit

Provided, That the university of Kansas may make expenditures from the parking facilities
surplus fund--KDFA G bonds, 1993 for capital improvements to parking lots in addition
to the expenditure of other moneys appropriated therefor.

Regents center revenue fund -- KDFA D bonds, 1990	No limit
Regents center bond reserve fund--KDFA D bonds, 1990	No limit
Regents center surplus fund	No limit
Regents center rebate fund	No limit
Regents center revenue refund project principal and interest--KDFA Cbonds, 1997	No limit
Student union renovation rebate fund (phase I)	No limit
Student union renovation surplus fund--KDFA C bonds, 1992	No limit
Student union renovation rebate fund--KDFA C bonds, 1992	No limit
Student union addition--special revenue fund	No limit

Provided, That the university of Kansas may make expenditures from the student union
addition--special revenue fund for the capital improvement project to construct an addition
to the student union in addition to the expenditure of other moneys appropriated therefor:
Provided, however, That expenditures from this fund for such capital improvement project
shall not exceed $5,600,000 plus all amounts required for costs of any bond issuance, costs
of interest on any bond issued or obtained for such capital improvement project and any
required reserves for payment of principal and interest on any bond: Provided further, That
such capital improvement project is hereby approved for the university of Kansas for the
purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization
of the issuance of bonds by the Kansas development finance authority in accordance with
that statute: And provided further, That all moneys received from the issuance of any such
bonds shall be deposited in the state treasury to the credit of this fund.

Bioscience research center rebate fund--KDFA series Q bonds, 1992	No limit
Bioscience research center principal and interest payment account--KDFA A bonds, 1994 fund	No limit
Bioscience research center reserve account--KDFA A bonds, 1994fund	No limit
Bioscience research center rebate account--KDFA A bonds, 1994fund	No limit
Parking facilities refunding bonds principal and interest fund--KDFA Gbonds, 1993	No limit
Parking facilities refunding bonds reserve fund--KDFA G bonds,1993	No limit
Parking facilities refunding bonds rebate fund--KDFA G bonds 1993	No limit
Student health facility addition revenue fund	No limit
Biosciences research center--special revenue fund	No limit

Provided, That all gifts and grants received for the capital improvement project to construct
and equip a biosciences research center, other than those received from the federal
government for such capital improvement project, shall be deposited in the state treasury
to the credit of the biosciences research center--special revenue fund: Provided further,
That the above agency may transfer moneys during fiscal year 2001 from the sponsored
research overhead fund and from appropriate accounts of the restricted fees fund to this
fund for such capital improvement project or for debt service for such capital improvement
project: And provided further, That all transfers of moneys for fiscal year 2001 from the
sponsored research overhead fund to this fund shall be in addition to any expenditure
limitation imposed on the sponsored research overhead fund for fiscal year 2001: And
provided further, That such capital improvement project is hereby approved for the
university of Kansas for the purposes of subsection (b) of K.S.A. 74-8905 and amendments
thereto and the authorization of the issuance of bonds by the Kansas development finance
authority in accordance with that statute: And provided further, That all moneys received
from the issuance of any such bonds shall be deposited in the state treasury to the credit of
this fund.

Law enforcement training center improvements special revenue fund

No limit

Provided, That the university of Kansas may make expenditures from the law enforcement
training center improvements special revenue fund for a capital improvement project for
parking lot improvements at the law enforcement training center: Provided, however, That
expenditures from this fund for such capital improvement project shall not exceed $450,000:
Provided further, That the above agency may transfer moneys for fiscal year 2001 from the
law enforcement training center fund to this fund for such capital improvement project:
And provided further, That all transfers of moneys for fiscal year 2001 from the law
enforcement training center fund to this fund shall be in addition to any expenditure
limitation imposed on the law enforcement training center fund for fiscal year 2001.

Renovate Lewis hall--special revenue fund	No limit
Lewis hall renovation principal and interest payment account KDFA Dbonds, 1998 fund	No limit
Lewis hall renovation bond proceeds project account KDFA D bonds, 1998 fund	No limit
Lewis hall renovation university proceeds project account KDFA Dbonds, 1998 fund	No limit
Lewis hall renovation rebate fund KDFA D bonds, 1998 fund	No limit
Lewis hall renovation bond reserve fund KDFA D bonds, 1998 fund	No limit
Continuing education revenue bonds principal and interest KDFA Hbonds, 1998 fund	No limit
Continuing education revenue bonds reserve fund KDFA H bonds, 1998 fund	No limit
Continuing education revenue bonds surplus account KDFA H bonds,1998 fund	No limit
Athletic facilities enhancements special revenue fund KDFA A university proceeds	No limit
Renovate Ellsworth hall--special revenue fund	No limit

Provided, That the university of Kansas may make expenditures from the Ellsworth hall
renovation fund for the project to renovate Ellsworth hall in addition to the expenditure of
other moneys appropriated therefor: Provided, however, That expenditures from this fund
for such capital improvement project shall not exceed $12,467,450 plus all amounts required
for costs of any bond issuance, cost of interest on bonds issued or obtained for such capital
improvement project and any required reserves for payment of principal and interest on
any bond: And provided further, That such capital improvement project is hereby approved
for the university of Kansas for the purposes of subsection (b) of K.S.A. 74-8905 and
amendments thereto and the authorization of the issuance of bonds by the Kansas
development finance authority in accordance with that statute: And provided further, That
all moneys received from the issuance of any such bonds shall be deposited in the state
treasury to the credit of this fund: And provided further, That the above agency may transfer
moneys for fiscal year 2001 from appropriate accounts of the house system repairs,
equipment and improvement fund to renovate Ellsworth hall--special revenue fund for
such capital improvement project.

Regents center principal and interest payment account KDFA D bonds,1990 fund	No limit
Templin hall renovation principal and interest payment account KDFAE bonds, 1996 fund	No limit
Templin hall renovation bond reserve KDFA E bonds, 1996 fund	No limit
Watkins health center addition principal and interest payment accountKDFA D bonds, 1995 fund	No limit
Watkins health center addition university proceeds project accountKDFA D bonds, 1995 fund	No limit
Watkins health center addition bond reserve KDFA D bonds, 1995fund	No limit
Watkins health center addition surplus fund KDFA D bonds, 1995fund	No limit
Watkins health center addition rebate fund KDFA D bonds, 1995fund	No limit
Regents R&R project KDFA K bonds, 1996 fund	No limit
Regents rehabilitation and repair phase II--project series KDFA Gbonds, 1997 fund	No limit
Construct parking garage no. 2--special revenue fund	No limit

Provided, That the university of Kansas may make expenditures from the construct parking
garage no. 2--special revenue fund for the capital improvement project to construct a
parking garage in addition to the expenditure of other moneys appropriated therefor:
Provided, however, That expenditures from this fund for such capital improvement project
shall not exceed $10,025,000 plus all amounts required for costs of any bond issuance, costs
of interest on any bond issued or obtained for such capital improvement project and any
required reserves for payment of principal and interest on any bond: Provided further, That
such capital improvement project is hereby approved for the university of Kansas for the
purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization
of the issuance of bonds by the Kansas development finance authority in accordance with
that statute: And provided further, That all moneys received from the issuance of any such
bonds shall be deposited in the state treasury to the credit of this fund: And provided further,
That the above agency may transfer moneys for fiscal year 2001 from appropriate accounts
of the parking surplus fund to this fund for such capital improvement project.

Parking garage no. 2 construction project principal and interest accountKDFA D bonds, 1999 fund	No limit
Parking garage no. 2 construction project bond reserve fund -- KDFA Dbonds 1999	No limit
Parking garage no. 2 construction project bond proceeds account--KDFAD bonds, 1999 fund	No limit
Edwards campus facility expansion--special revenue fund	No limit

Provided, That the university of Kansas may make expenditures from the Edwards campus
facility expansion--special revenue fund for the capital improvement project to expand
facilities on the Edwards campus in addition to the expenditure of other moneys
appropriated therefor: Provided, however, That expenditures from this fund for such capital
improvement project shall not exceed $13,230,000 plus all amounts required for costs of
any bond issuance, costs of interest on any bond issued or obtained for such capital
improvement project and any required reserves for payment of principal and interest on
any bond: Provided further, That such capital improvement project is hereby approved for
the university of Kansas for the purposes of subsection (b) of K.S.A. 74-8905 and
amendments thereto and the authorization of the issuance of bonds by the Kansas
development finance authority in accordance with that statute: And provided further, That
all moneys received from the issuance of any such bonds shall be deposited in the state
treasury to the credit of this fund: And provided further, That all gifts and grants received
for the capital improvement project to expand facilities on the Edwards campus, other than
those received from the federal government for such capital improvement project, shall be
deposited in the state treasury to the credit of the Edwards campus facility expansion--
special revenue fund.

Construct child care facility--special revenue fund

No limit

Provided, That the university of Kansas may make expenditures from the construct child
care facility--special revenue fund for the capital improvement project to construct a child
care facility in addition to the expenditure of other moneys appropriated therefor: Provided,
however, That expenditures from this fund for such capital improvement project shall not
exceed $4,470,000 plus all amounts required for costs of any bond issuance, costs of interest
on any bond issued or obtained for such capital improvement project and any required
reserves for payment of principal and interest on any bond: Provided further, That such
capital improvement project is hereby approved for the university of Kansas for the purposes
of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization of the
issuance of bonds by the Kansas development finance authority in accordance with that
statute: And provided further, That all moneys received from the issuance of any such bonds
shall be deposited in the state treasury to the credit of this fund: And provided further, That
the above agency may transfer moneys for fiscal year 2001 from appropriate accounts of the
restricted fees fund to this fund for such capital improvement project.

Child care facility bond proceeds fund	No limit
Child care facility university proceeds fund	No limit
Child care facility principal and interest fund	No limit
Child care facility bond reserve fund	No limit
Child care facility surplus fund	No limit
Child care facility operations account	No limit
Child care facility student fee account	No limit
Athletic facilities enhancements--special revenue fund	No limit

Provided, That the university of Kansas may make expenditures from the athletic facilities
enhancements--special revenue fund for the capital improvement project to renovate
athletic facilities in addition to the expenditure of other moneys appropriated therefor:
Provided, however, That expenditures from this fund for such capital improvement project
shall not exceed $32,391,210 plus all amounts required for costs of any bond issuance, costs
of interest on any bond issued or obtained for such capital improvement project and any
required reserves for payment of principal and interest on any bond: Provided further, That
such capital improvement project is hereby approved for the university of Kansas for the
purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization
of the issuance of bonds by the Kansas development finance authority in accordance with
that statute: And provided further, That all moneys received from the issuance of any such
bonds shall be deposited in the state treasury to the credit of this fund.

Budig hall completion fund

No limit

Provided, That during the fiscal year ending June 30, 2001, the director of accounts and
reports shall transfer amounts specified by the chancellor of the university of Kansas from
moneys available to the above agency in special revenue funds for fiscal year 2001, including
the general fees fund, tuition accountability fund, sponsored research overhead fund and
various moneys within the restricted fees fund, including grants, gifts, contracts and fees to
the Budig hall completion fund: Provided, however, That no expenditures shall be made
from this fund until the preliminary plans and program statement for the Budig hall
completion project have been reviewed by the joint committee on state building
construction.

Continuing education program building acquisition--special revenuefund	No limit
Dole institute gift or grant fund	No limit

(b) During the fiscal year ending June 30, 2001, the university of Kansas is hereby
authorized to make expenditures to raze building no. 27--facilities operations storage
facility.

(c) In addition to the other purposes for which expenditures may be made by the above
agency from the sponsored overhead research fund for fiscal year 2001, expenditures may
be made by the above agency from the sponsored research overhead fund for fiscal year
2001 for the following capital improvement project or projects, subject to the expenditure
limitation prescribed therefor:

Remodel energy balance laboratory

No limit

(d) In addition to the other purposes for which expenditures may be made by the above
agency from the state budget stabilization fund for fiscal year 2001, expenditures may be
made by the above agency for fiscal year 2001 from the unencumbered balance as of June
30, 2000, in the Dole institute of public service and public policy account of the above
agency in the state budget stabilization fund: Provided, That expenditures from the
unencumbered balance in such account shall not exceed the amount of the unencumbered
balance in such account on June 30, 2000: Provided further, That all expenditures from the
unencumbered balance in such account shall be in addition to any expenditure limitation
imposed on the state budget stabilization fund for fiscal year 2001.

(e) On July 1, 2000, any unencumbered balance in each of the following accounts of the
Kansas educational building fund is hereby lapsed: Renovate Snow hall.

(f) On July 1, 2000, any unencumbered balance in each of the following accounts of the
state budget stabilization fund is hereby lapsed: SBSF-Plan, construct, reconstruct and equip
Hoch auditorium fund.

Sec. 93.

UNIVERSITY OF KANSAS MEDICAL CENTER (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 2001, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

Construct and equip Nursing Education Facility--gift and grant fund	No limit
Parking facility KDFA principal and interest fund 1988	No limit
Parking facility KDFA bond reserve fund 1988	No limit
Parking facility KDFA surplus fund 1988	No limit
Parking facility revenue fund	No limit
Parking facility rebate fund--KDFA F bonds--1988	No limit
Rehabilitation and repair projects for institutions of higher educationfund	No limit
Regents R&R project KDFA K bonds, 1996 fund	No limit
Construct and equip research building fund	No limit
Construct and equip center for health in aging fund	No limit

Provided, That the university of Kansas medical center may make expenditures from the
construct and equip center for health in aging fund for the capital improvement project to
construct the center for health in aging in addition to the expenditure of other moneys
appropriated therefor: Provided, however, That expenditures from this fund for such capital
improvement project shall not exceed $8,000,000 plus all amounts required for costs of any
bond issuance, costs of interest on any bond issued or obtained for such capital improvement
project and any required reserves for payment of principal and interest on any bond:
Provided further, That the above agency may transfer moneys for fiscal year 2001 from
appropriate accounts of the sponsored research overhead fund to this fund for such capital
improvement project or for debt service for such capital improvement project: And provided
further, That such capital improvement project is hereby approved for the university of
Kansas medical center for the purposes of subsection (b) of K.S.A. 74-8905 and amendments
thereto and the authorization of the issuance of bonds by the Kansas development finance
authority in accordance with that statute: And provided further, That all moneys received
from the issuance of any such bonds shall be deposited in the state treasury to the credit of
this fund.

Construct and equip center for health in aging principal and interest--KDFA B bonds, 1999	No limit
Construct and equip center for health in aging bond reserve fund--KDFAB bonds, 1999	No limit
Construct and equip center for health in aging bond reserve fund	No limit
Construct and equip center for health in aging--gift and grant fund	No limit
Construct and equip research support facility fund	No limit

Provided, That the university of Kansas medical center may make expenditures from the
construct and equip research support facility fund for the capital improvement project to
construct an addition to the research support facility in addition to the expenditure of other
moneys appropriated therefor: Provided, however, That expenditures from this fund for
such capital improvement project shall not exceed $4,740,000 plus all amounts required for
costs of any bond issuance, costs of interest on any bond issued or obtained for such capital
improvement project and any required reserves for payment of principal and interest on
any bond: Provided further, That the above agency may transfer moneys for fiscal year 2001
from appropriate accounts of the sponsored research overhead fund to this fund for such
capital improvement project or for debt service for such capital improvement project: And
provided further, That such capital improvement project is hereby approved for the
university of Kansas medical center for the purposes of subsection (b) of K.S.A. 74-8905
and amendments thereto and the authorization of the issuance of bonds by the Kansas
development finance authority in accordance with that statute: And provided further, That
all moneys received from the issuance of any such bonds shall be deposited in the state
treasury to the credit of this fund.

Construct and equip addition to research support facility--gift and grant fund

No limit

(b) During the fiscal year ending June 30, 2001, the director of accounts and reports shall
transfer amounts certified by the chancellor of the university of Kansas from the sponsored
research overhead fund to the construct and equip center for health in aging bond reserve
fund.

Sec. 94.

WICHITA STATE UNIVERSITY (a) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 2001, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

On-campus parking construction and maintenance fund	No limit
On-campus parking expansion--special revenue fund	No limit

Provided, That Wichita state university may make expenditures from the on-campus parking
expansion--special revenue fund for the capital improvement project to construct additional
on-campus parking spaces in addition to the expenditure of other moneys appropriated
therefor: Provided, however, That expenditures from this fund for such capital improvement
project shall not exceed $7,500,000 plus all amounts required for costs of any bond issuance,
costs of interest on any bond issued or obtained for such capital improvement project and
any required reserves for payment of principal and interest on any bond: Provided further,
That such capital improvement project is hereby approved for Wichita state university for
the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the
authorization of the issuance of bonds by the Kansas development finance authority in
accordance with that statute: And provided further, That all moneys received from the
issuance of any such bonds shall be deposited in the state treasury to the credit of this fund.

On campus parking principal and interest account--KDFA bonds, 2000 fund	No limit
On campus parking bonds issuance account--KDFA bonds, 2000fund	No limit
On campus parking bond reserve account--KDFA bonds, 2000 fund	No limit
WSU housing system surplus fund	No limit
Bond reserve fund--KDFA--WSU housing system renovation	No limit
Cessna stadium repair and rehabilitation gifts fund	No limit
Regents rehabilitation and repair phase II--KDFA G bonds, 1997fund	No limit

Sec. 95.

DEPARTMENT OF HUMAN RESOURCES (a) In addition to the other purposes for which expenditures may be made by the above
agency from the employment security administration fund for fiscal year 2001, expenditures
may be made by the above agency from the employment security administration fund for
fiscal year 2001 from moneys made available to the state under section 903 of the federal
social security act, as amended: Provided, That expenditures from this fund during fiscal
year 2001 of moneys made available to the state under section 903 of the federal social
security act, as amended, shall be made only for the following capital improvement purposes:
(1) For major maintenance of existing buildings used by the department of human resources
for employment security purposes; (2) for paving, landscaping and acquiring fixed
equipment as may be required for the use and operation of such buildings; or (3) for any
combination of these purposes: Provided further, That expenditures from this fund for fiscal
year 2001 of moneys made available to the state under section 903 of the federal social
security act, as amended, for such capital improvement purposes shall not exceed $75,000
plus the amounts of unencumbered balances as of June 30, 2000, for capital improvement
projects approved for fiscal years prior to fiscal year 2001: And provided further, That all
expenditures from this fund for any such capital improvement purposes or projects shall be
in addition to any expenditure limitation imposed on the employment security
administration fund for fiscal year 2001.

(b) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 2001, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

Complete remodeling of agency headquarters fund

No limit

Provided, That the department of human resources may make expenditures from the
complete remodeling of agency headquarters fund for the capital improvement project to
remodel the agency headquarters: Provided, however, That expenditures from this fund for
such capital improvement project shall not exceed $1,905,000, plus all amounts required
for cost of bond issuance, cost of interest on the bonds issued for such capital improvement
project and any required reserves for the payment of principal and interest on the bonds:
Provided further, That such capital improvement project is hereby approved for the
department of human resources for the purposes of subsection (b) of K.S.A. 74-8905 and
amendments thereto and the authorization of the issuance of bonds by the Kansas
development finance authority in accordance with that statue: And provided further, That
all moneys received from the issuance of any such bonds shall be deposited in the state
treasury to the credit of this fund.

Sec. 96.

KANSAS COMMISSION ON VETERANS AFFAIRS (a) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 2001, for the capital improvement project or projects
specified as follows:

Soldiers' home repair and rehabilitation projects	$100,000
Veterans' home repair and rehabilitation projects	$80,000

Winfield veterans home acquisition and construction	No limit
Veterans' home federal construction grant fund	No limit

Provided, That all moneys received by the above agency as federal grants for the purposes
of construction and remodeling at the Kansas veterans' home, which grants are hereby
authorized to be applied for and received by the above agency, shall be deposited in the
state treasury to the credit of the Veterans' home federal construction grant fund.

Veterans' cemeteries federal construction grant fund

No limit

(c) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 2000, for the capital improvement project or projects
specified as follows:

Veterans' home repair and rehabilitation projects

$142,871

Sec. 97.

ATTORNEY GENERAL--KANSAS BUREAU OF INVESTIGATION (a) There is hereby appropriated for the above agency from the state general fund for
the fiscal year ending June 30, 2001, for the capital improvement project or projects
specified as follows:

Rehabilitation and repair--headquarters building	$15,000
Debt service principal payment--headquarters building	$180,000

Sec. 98.

KANSAS HIGHWAY PATROL (a) In addition to the other purposes for which expenditures may be made from the
highway patrol training center fund for fiscal year 2001, expenditures may be made by the
above agency from the highway patrol training center fund for fiscal year 2001 to make debt
service payments for the Kansas highway patrol training center at Salina for the bonds issued
for such project pursuant to subsection (b) of section 6 of chapter 326 of the 1992 Session
Laws of Kansas.

(b) In addition to the other purposes for which expenditures may be made from the
highway patrol training center fund for fiscal year 2001, expenditures may be made by the
above agency from the highway patrol training center fund for fiscal year 2001 for the
following capital improvement project or projects, subject to the expenditure limitation
prescribed therefor:

Training center--remodeling, rehabilitation and repair projects

$50,000

Provided, That all expenditures from each such capital improvement account shall be in
addition to any expenditure limitation imposed on the highway patrol training center fund
for fiscal year 2001.

(c) In addition to other purposes for which expenditures may be made by the above agency
from the motor carrier inspection fund for fiscal year 2001, expenditures may be made by
the above agency from the motor carrier inspection fund for fiscal year 2001 for the following
capital improvement project or projects, subject to the expenditure limitations prescribed
therefor:

Remodeling, rehabilitation and repair projects	$50,000
Replacement of scales	$172,228

Provided, That all expenditures from each such capital improvement account shall be in
addition to any expenditure limitation imposed on the motor carrier inspection fund for
fiscal year 2001.

Sec. 99.

DEPARTMENT OF WILDLIFE AND PARKS (a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 2001, for the capital improvement project or projects specified as
follows:

Any unencumbered balance in excess of $100 as of June 30, 2000, in each of the following
capital improvement accounts of the state general fund is hereby reappropriated for fiscal
year 2001: Rehabilitation and repair; handicapped accessibility renovation.

Any unencumbered balance in excess of $100 as of June 30, 2000, in each of the following
capital improvement accounts of the state general fund is hereby reappropriated for fiscal
year 2001: Matching grant for development of wetlands project at Milford reservoir:
Provided, That expenditures for fiscal year 2001 may be made from the matching grant for
development of wetlands project at Milford reservoir account by the secretary of wildlife
and parks only upon verification by the chairperson of WILDSCAPE that federal funds are
available from the U.S. army corps of engineers for development of the Milford wetlands:
Provided, however, That funds provided by the Kansas department of wildlife and parks to
WILDSCAPE shall not be used to finance the administrative costs of WILDSCAPE.

(b) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year ending June 30, 2001, all moneys now or hereafter lawfully
credited to and available in such fund or funds, except that expenditures shall not exceed
the following:

Department access road fund	No limit
Bridge maintenance fund	No limit
Federal grants fund	No limit
Migratory waterfowl propagation and protection fund	$100,000

(c) On July 1, 2000, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer $1,500,000 from the state highway fund of the department of
transportation to the department access road fund of the department of wildlife and parks.

(d) On July 1, 2000, or as soon thereafter as moneys are available, the director of accounts
and reports shall transfer $200,000 from the state highway fund of the department of
transportation to the bridge maintenance fund of the department of wildlife and parks.

(e) In addition to the other purposes for which expenditures may be made by the above
agency from the migratory waterfowl propagation and protection fund for fiscal year 2001,
expenditures may be made by the above agency from the migratory waterfowl propagation
and protection fund for fiscal year 2001 from the unencumbered balance as of June 30,
2000, in each existing capital improvement account of the migratory waterfowl propagation
and protection fund: Provided, That all expenditures from the unencumbered balance of
any such account shall not exceed the amount of the unencumbered balance in such account
on June 30, 2000: Provided further, That all expenditures from the unencumbered balance
of any such account shall be in addition to any expenditure limitation imposed on the
migratory waterfowl propagation and protection fund for fiscal year 2001.

(f) In addition to the other purposes for which expenditures may be made by the above
agency from the boating fee fund for fiscal year 2001, expenditures may be made by the
above agency from the boating fee fund for fiscal year 2001 from the unencumbered balance
as of June 30, 2000, in each existing capital improvement account of the boating fee fund:
Provided, That expenditures from the unencumbered balance of any such existing capital
improvement account shall not exceed the amount of the unencumbered balance in such
account on June 30, 2000: Provided further, That all expenditures from the unencumbered
balance of any such account shall be in addition to any expenditure limitation imposed on
the boating fee fund for fiscal year 2001 and shall be in addition to any other expenditure
limitation imposed on any such account of the boating fee fund for fiscal year 2001.

(g) In addition to the other purposes for which expenditures may be made by the above
agency from the state budget stabilization fund for fiscal year 2001, expenditures may be
made by the above agency from the state budget stabilization fund for fiscal year 2001 from
the unencumbered balance as of June 30, 2000, in each existing capital improvement account
of the above agency in the state budget stabilization fund: Provided, That expenditures from
the unencumbered balance of any such existing capital improvement account shall not
exceed the amount of the unencumbered balance in such account on June 30, 2000:
Provided further, That all expenditures from the unencumbered balance of any such account
shall be in addition to any expenditure limitation imposed on the state budget stabilization
fund for fiscal year 2001.

(h) In addition to the other purposes for which expenditures may be made by the above
agency from the wildlife fee fund for fiscal year 2001, expenditures may be made by the
above agency from the following capital improvement account or accounts of the wildlife
fee fund during fiscal year 2001 for the following capital improvement project or projects,
subject to the expenditure limitations prescribed therefor:

Wildlife fee fund federally mandated boating access	$845,200
Wildlife fee fund rehabilitation and repair	$558,500

Provided, That all expenditures from each such capital improvement account shall be in
addition to any expenditure limitation imposed on the wildlife fee fund for fiscal year 2001.

(i) In addition to the other purposes for which expenditures may be made by the above
agency from the wildlife fee fund for fiscal year 2001, expenditures may be made by the
above agency from the wildlife fee fund for fiscal year 2001 from the unencumbered balance
as of June 30, 2000, in each existing capital improvement account of the wildlife fee fund:
Provided, That expenditures from the unencumbered balance of any such existing capital
improvement account shall not exceed the amount of the unencumbered balance in such
account on June 30, 2000: Provided further, That all expenditures from the unencumbered
balance of any such account shall be in addition to any expenditure limitation imposed on
the wildlife fee fund for fiscal year 2001.

(j) In addition to the other purposes for which expenditures may be made by the above
agency from the wildlife conservation fund for fiscal year 2001, expenditures may be made
by the above agency from the following capital improvement account or accounts of the
wildlife conservation fund for fiscal year 2001 for the following capital improvement project
or projects, subject to the expenditure limitations prescribed therefor:

Wildlife conservation fund--capital improvement projects

$1,010,000

(k) In addition to the other purposes for which expenditures may be made by the above
agency from the wildlife conservation fund for fiscal year 2001, expenditures may be made
by the above agency from the wildlife conservation fund for fiscal year 2001 from the
unencumbered balance as of June 30, 2000, in each existing capital improvement account
of the wildlife conservation fund: Provided, That expenditures from the unencumbered
balance of any such existing capital improvement account shall not exceed the amount of
the unencumbered balance in such account on June 30, 2000: Provided further, That all
expenditures from the unencumbered balance of any such account shall be in addition to
any expenditure limitation imposed on the wildlife conservation fund for fiscal year 2001
and shall be in addition to any other expenditure limitation imposed on any such account
of the wildlife conservation fund for fiscal year 2001.

(l) In addition to the other purposes for which expenditures may be made by the above
agency from the parks fee fund for fiscal year 2001, expenditures may be made by the above
agency from the following capital improvement account or accounts of the parks fee fund
for fiscal year 2001 for the following capital improvement project or projects, subject to the
expenditure limitations prescribed therefor:

Parks fee fund--rehabilitation and repair

$100,698

(m) In addition to the other purposes for which expenditures may be made by the above
agency from the parks fee fund for fiscal year 2001, expenditures may be made by the above
agency from the parks fee fund for fiscal year 2001 from the unencumbered balance as of
June 30, 2000, in each existing capital improvement account of the parks fee fund: Provided,
That expenditures from the unencumbered balance of any such existing capital improvement
account shall not exceed the amount of the unencumbered balance in such account on June
30, 2000: Provided further, That all expenditures from the unencumbered balance of any
such account shall be in addition to any expenditure limitation imposed on the parks fee
fund for fiscal year 2001.

(n) In addition to the other purposes for which expenditures may be made by the above
agency from the nongame wildlife improvement fund for fiscal year 2001, expenditures may
be made by the above agency from the nongame wildlife improvement fund for fiscal year
2001 from the unencumbered balance as of June 30, 2000, in each existing capital
improvement account of the nongame wildlife improvement fund: Provided, That
expenditures from the unencumbered balance of any such existing capital improvement
account shall not exceed the amount of the unencumbered balance in such account on June
30, 2000: Provided further, That all expenditures from the unencumbered balance of any
such account shall be in addition to any expenditure limitation imposed on the nongame
wildlife improvement fund for fiscal year 2001 and shall be in addition to any other
expenditure limitation imposed on any such account of the nongame wildlife improvement
fund for fiscal year 2001.

(o) In addition to the other purposes for which expenditures may be made by the above
agency from the migratory waterfowl propagation and protection fund for fiscal year 2001,
expenditures may be made by the above agency from the following capital improvement
account or accounts of the migratory waterfowl propagation and protection fund for fiscal
year 2001 for the following capital improvement project or projects, subject to the
expenditure limitations prescribed therefor:

Migratory waterfowl propagation and protection fund--wetlands acquisition

$100,000

Provided, That all expenditures from each such capital improvement account of the
migratory waterfowl propagation and protection fund shall be in addition to any expenditure
limitation imposed on the migratory waterfowl propagation and protection fund for fiscal
year 2001.

(p) In addition to the other purposes for which expenditures may be made by the above
agency from the migratory waterfowl propagation and protection fund for fiscal year 2001,
expenditures may be made by the above agency from the migratory waterfowl propagation
and protection fund for fiscal year 2001 from the unencumbered balance as of June 30,
2000, in each existing capital improvement account of the migratory waterfowl propagation
and protection fund: Provided, That expenditures from the unencumbered balance of any
such existing capital improvement account shall not exceed the amount of the
unencumbered balance in such account on June 30, 2000: Provided further, That all
expenditures from the unencumbered balance of any such account shall be in addition to
any expenditure limitation imposed on the migratory waterfowl propagation and protection
fund for fiscal year 2001.

(q) For the fiscal year ending June 30, 2001, any expenditures by the department of
wildlife and parks from any moneys appropriated for fiscal year 2001, for wetland acquisition
shall be for the acquisition of existing wetlands that are located within 1.1 miles of state-
owned wetlands.

(r) On July 1, 2000, the director of accounts and reports shall transfer all moneys in the
federal flood aid fund to the federal flood aid account of the federal grants fund. On July
1, 2000, all liabilities of the federal flood aid fund are hereby transferred to and imposed
on the federal flood aid account of the federal grants fund and the federal flood aid fund is
hereby abolished.

(s) On July 1, 2000, the director of accounts and reports shall transfer all moneys in the
renovation of Cheyenne Bottoms--federal fund to the Cheyenne Bottoms account of the
federal grants fund. On July 1, 2000, all liabilities of the renovation of Cheyenne Bottoms--
federal fund are hereby transferred to and imposed on the Cheyenne Bottoms account of
the federal grants fund and the renovation of Cheyenne Bottoms--federal fund is hereby
abolished.

(t) On July 1, 2000, the director of accounts and reports shall transfer all moneys in the
rails-to-trails federal fund to the trail development account of the federal grants fund. On
July 1, 2000, all liabilities of the rails-to-trails federal fund are hereby transferred to and
imposed on the trail development account of the federal grants fund and the rails-to-trails
federal fund is hereby abolished.

(u) On July 1, 2000, the director of accounts and reports shall transfer all moneys in the
clean lakes fund--federal fund to the clean lakes account of the federal grants fund. On
July 1, 2000, all liabilities of the clean lakes fund--federal fund are hereby transferred to
and imposed on the clean lakes account of the federal grants fund and the clean lakes fund--
federal fund is hereby abolished.

(v) On July 1, 2000, the director of accounts and reports shall transfer all moneys in the
renovation of Cheyenne Bottoms--bureau of reclamation--federal fund to the Cheyenne
Bottoms account of the federal grants fund. On July 1, 2000, all liabilities of the renovation
of Cheyenne Bottoms--bureau of reclamation--federal fund are hereby transferred to and
imposed on the Cheyenne Bottoms account of the federal grants fund and the renovation
of Cheyenne Bottoms--bureau of reclamation--federal fund is hereby abolished.

(w) On July 1, 2000, the director of accounts and reports shall transfer all moneys in the
Cheyenne Bottoms project gift fund to the department of wildlife and parks private gifts
and donations fund. On July 1, 2000, all liabilities of the Cheyenne Bottoms project gift
fund are hereby transferred to and imposed on the department of wildlife and parks private
gifts and donations fund and the Cheyenne Bottoms project gift fund is hereby abolished.

(x) On July 1, 2000, the director of accounts and reports shall transfer all moneys in the
EDIF--Prairie Spirt rails/trails project grant fund in the department of wildlife and parks
to the Kansas economic development endowment account of the state economic
development initiatives fund of the department of commerce and housing and the EDIF--
Prairie Spirit rails trails project grant fund of the department of wildlife and parks is hereby
abolished.

(y) On July 1, 2000, the director of accounts and reports shall transfer all moneys in the
boating development account of the boating fee fund to the boating fee fund boating access
and development account of the boating fee fund. On July 1, 2000, all liabilities of the
boating development account of the boating fee fund are hereby transferred to and imposed
on the boating fee fund boating access and development account of the boating fee fund
and the boating development account of the boating fee fund is hereby abolished.

(z) On July 1, 2000, the director of accounts and reports shall transfer all moneys in the
reservoir facility development account of the wildlife fee fund to the wildlife fee fund angler
facilities improvements account of the wildlife fee fund. On July 1, 2000, all liabilities of
the reservoir facility development account of the wildlife fee fund are hereby transferred to
and imposed on the wildlife fee fund angler facilities improvements account of the wildlife
fee fund and the reservoir facility development account of the wildlife fee fund is hereby
abolished.

(aa) On July 1, 2000, the director of accounts and reports shall transfer all moneys in the
fisheries projects account of the wildlife fee fund to the wildlife fee fund angler facilities
improvements account of the wildlife fee fund. On July 1, 2000, all liabilities of the fisheries
projects account of the wildlife fee fund are hereby transferred to and imposed on the
wildlife fee fund angler facilities improvements account of the wildlife fee fund and the
fisheries projects account of the wildlife fee fund is hereby abolished.

(bb) On July 1, 2000, the director of accounts and reports shall transfer all moneys in the
fisheries projects--capital improvements account of the wildlife fee fund to the wildlife fee
fund angler facilities improvements account of the wildlife fee fund. On July 1, 2000, all
liabilities of the fisheries projects--capital improvements account of the wildlife fee fund
are hereby transferred to and imposed on the wildlife fee fund angler facilities improvements
account of the wildlife fee fund and the fisheries projects--capital improvements account
of the wildlife fee fund is hereby abolished.

(cc) On July 1, 2000, the director of accounts and reports shall transfer all moneys in the
wildlife fee fund ADA renovation fishery enhancements account of the wildlife fee fund to
the wildlife fee fund ADA renovation account of the wildlife fee fund. On July 1, 2000, all
liabilities of the wildlife fee fund ADA renovation fishery enhancements account of the
wildlife fee fund are hereby transferred to and imposed on the wildlife fee fund ADA
renovation account of the wildlife fee fund and the wildlife fee fund ADA renovation fishery
enhancements account of the wildlife fee fund is hereby abolished.

(dd) On July 1, 2000, the director of accounts and reports shall transfer all moneys in the
state fishing lake dam repair account of the wildlife fee fund to the wildlife fee fund state
fishing lake projects account of the wildlife fee fund. On July 1, 2000, all liabilities of the
state fishing lake dam repair account of the wildlife fee fund are hereby transferred to and
imposed on the wildlife fee fund state fishing lake projects account of the wildlife fee fund
and the state fishing lake dam repair account of the wildlife fee fund is hereby abolished.

(ee) On July 1, 2000, the director of accounts and reports shall transfer all moneys in the
renovate state fishing lakes account of the wildlife fee fund to the wildlife fee fund state
fishing lake projects account of the wildlife fee fund. On July 1, 2000, all liabilities of the
renovate state fishing lakes account of the wildlife fee fund are hereby transferred to and
imposed on the wildlife fee fund state fishing lake projects account of the wildlife fee fund
and the renovate state fishing lakes account of the wildlife fee fund is hereby abolished.

(ff) On July 1, 2000, any unencumbered balance as of June 30, 2000, in each of the
following accounts of the wildlife fee fund is hereby lapsed: Wildlife fee fund shooting range
development; Pratt museum renovation; renovate Cheyenne Bottoms; wildlife fee fund flood
damage repair in wildlife areas; Wichita education center; dam maintenance and repair.

(gg) On July 1, 2000, the director of accounts and reports shall transfer all moneys in the
construct boat slips at Prairie Dog state park account of the parks fee fund to the
rehabilitation and repair projects account of the parks fee fund. On July 1, 2000, all liabilities
of the construct boat slips at Prairie Dog state park account of the parks fee fund are hereby
transferred to and imposed on the rehabilitation and repair projects account of the parks
fee fund and the construct boat slips at Prairie Dog state park account of the parks fee fund
is hereby abolished.

Sec. 100.

STATE BOARD OF REGENTS (a) There is appropriated for the above agency from the Kansas educational building fund
for the fiscal year ending June 30, 2001, for the capital improvement project or projects
specified as follows:

Rehabilitation and repair projects, Americans with disabilities actcompliance projects, state fire marshal code compliance projects, andimprovements to classroom projects for institutions of highereducation

$3,000,000

Provided, That the state board of regents is hereby authorized to transfer moneys from the
rehabilitation and repair projects, Americans with disabilities act compliance projects, state
fire marshal code compliance projects, and improvements to classroom projects for
institutions of higher education account to an account or accounts of the Kansas educational
building fund of any institution under the control and supervision of the state board of
regents to be expended by the institution for projects approved by the state board of regents:
Provided, however, That no expenditures shall be made from any such account until the
proposed projects have been reviewed by the joint committee on state building construction.

Debt service--revenue bonds issued for major remodeling and newconstruction projects at state educational institutions

$15,000,000

Sec. 101.

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

Comprehensive armory construction and rehabilitation fund

For the fiscal year ending June 30, 2001	No limit
For the fiscal year ending June 30, 2002	No limit
For the fiscal year ending June 30, 2003	No limit
For the fiscal year ending June 30, 2004	No limit
For the fiscal year ending June 30, 2005	No limit

Provided, That the adjutant general is hereby authorized to make expenditures from the
comprehensive armory construction and rehabilitation fund for capital improvement
projects for acquisition, construction, equipping, furnishing, renovation, reconstruction and
repair of armories or for payment of debt service on revenue bonds issued to finance such
projects: Provided further, That the adjutant general may make expenditures from this fund
for the payment of debt service on revenue bonds issued to finance such projects: And
provided further, That, prior to the issuance of any bonds authorized by this section or
making first expenditure from this fund for any such capital improvement project, the
adjutant general shall pursue the availability of alternative funding from local, state, federal
and private funding sources for all or part of the costs of such capital improvement project
and shall report to the state finance council concerning such capital improvement project
and the proposed issuance of bonds for such project: And provided further, That such report
to the state finance council shall specifically include information about the proposed
utilization of bond proceeds for such capital improvement project and the availability and
use of other sources including local, state, federal and private funds for such project: And
provided further, That capital improvement projects for the acquisition, construction,
equipping, furnishing, renovation, reconstruction and repair of armories are hereby
approved for the adjutant general for the purposes of subsection (b) of K.S.A. 74-8905 and
amendments thereto and the authorization of one or more series of revenue bonds by the
Kansas development finance authority in accordance with that statute, except that no bonds
shall be issued for any such capital improvement project except upon approval of the state
finance council acting on this matter which is hereby characterized as a matter of legislative
delegation and subject to the guidelines prescribed by subsection (c) of K.S.A. 75-3711c
and amendments thereto, except that approval by the state finance council may be given
when the legislature is in session: And provided further, That the aggregate amount of all
such revenue bonds issued shall not exceed $22,000,000 plus all amounts required for costs
of any bond issuance, costs of interest on any bond issued or obtained for one or more of
such capital improvement projects and any required reserves for payment of principal and
interest on any such bonds: And provided further, That bonds authorized to be issued
pursuant to this section shall not exceed (1) the amount of $2,000,000 for the fiscal year
ending June 30, 2001, (2) the amount of $2,000,000 for the fiscal year ending June 30, 2002,
(3) the amount of $6,000,000 for the fiscal year ending June 30, 2003, (4) the amount of
$6,000,000 for the fiscal year ending June 30, 2004, and (5) the amount of $6,000,000 for
the fiscal year ending June 30, 2005: And provided further, That all moneys received from
issuance of any such bonds shall be deposited in the state treasury and credited to this fund.

Sec. 102.

JUVENILE JUSTICE AUTHORITY (a) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 2001, for the capital improvement project or projects
specified as follows:

Capital improvements--rehabilitation, remodeling, renovation and repairof juvenile correctional facilities

$1,000,000

Provided, That the commissioner of juvenile justice is hereby authorized to transfer moneys
during the fiscal year ending June 30, 2001, from the capital improvements--rehabilitation,
remodeling, renovation and repair of juvenile correctional facilities account of the state
institutions building fund to an account or accounts of the state institutions building fund
of any institution or facility under the jurisdiction of the commissioner of juvenile justice to
be expended during fiscal year 2001 by the institution or facility for capital improvement
projects approved by the commissioner of juvenile justice.'';

By renumbering the remaining sections accordingly;

On page 166, preceding line 8, by inserting new material to read as follows:

``Sec. 112. Any correctional institutions building fund appropriation heretofore
appropriated to any state agency named in this or other appropriation act of the 2000 regular
session of the legislature, and having an unencumbered balance as of June 30, 2000, in
excess of $100 is hereby reappropriated for the fiscal year ending June 30, 2001, for the
same uses and purposes as originally appropriated unless specific provision is made for
lapsing such appropriation.

Sec. 113. Any Kansas educational building fund appropriation heretofore appropriated to
any institution named in this or other appropriation act of the 2000 regular session of the
legislature and having an unencumbered balance as of June 30, 2000, in excess of $100 is
hereby reappropriated for the fiscal year ending June 30, 2001, for the same use and purpose
as originally appropriated, unless specific provision is made for lapsing such appropriation.

Sec. 114. Any state institutions building fund appropriation heretofore appropriated to
any state agency named in this or other appropriation act of the 2000 regular session of the
legislature and having an unencumbered balance as of June 30, 2000, in excess of $100 is
hereby reappropriated for the fiscal year ending June 30, 2001, for the same use and purpose
as originally appropriated, unless specific provision is made for lapsing such appropriation.'';

By renumbering remaining sections accordingly;

Also on page 166, by striking all in line 19; in line 20, by striking all preceding ``its''; in
line 21, by striking ``statute book'' and inserting ``Kansas register'';

On page 1, in the title, in line 10, by striking ``year'' and inserting ``years''; in line 11, by
striking ``2001'' and inserting ``2000, June 30, 2001, June 30, 2002, June 30, 2003, June 30,
2004 and June 30, 2005'';

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

David Adkins

Melvin
Conferees on the part of House

Dave Kerr

Alicia L. Salisbury
Conferees on part of Senate

Senator Kerr moved the Senate adopt the Conference Committee Report on House
Substitute for SB 326.

On roll call, the vote was: Yeas 28, Nays 12, Present and Passing 0, Absent or Not Voting
0.

Yeas: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Goodwin,
Hardenburger, Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris,
Oleen, Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Tyson, Umbarger, Vidricksen,
Vratil.

Nays: Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Hensley, Jones, Lee, Petty,
Steineger, Stephens.

The Conference Committee report was adopted.

EXPLANATION OF VOTE Mr. President: I vote no on H Sub for SB 326.

It is wrong to inadequately finance services for the frail and elderly and for disabled
Kansans. It is wrong to not provide more financial aid for college students when their tuition
continues to increase. It is wrong to cut funding for local governments, forcing them to cut
services or increase local property taxes. It is wrong to divert money from the KPERS death
and disability fund in order to balance the budget. H Sub for SB 326 lacks funding in
several areas: $6 million for foster care; $6.9 million for developmentally disabled services;
$4.4 million for the physically disabled; an insufficient increase in funding for need-based
financial aid for students; $11.16 for nursing facilities; cuts in Demand Transfers to local
units of government by $22 million; and includes funding for K-12 education that is based
on a ``Flexible Spending Fund.''

When will the majority party realize that education is the number one priority of families
in this state? Until they do, I doubt they will allow a budget that I could support to see the
light of day in this chamber.--Marge Petty

Senators Barone, Downey, Feleciano, Gooch, Jones, Lee and Stephens request the record
to show they concur with the explanation of vote offered by Senator Petty on H Sub for
SB 326.

MESSAGE FROM THE HOUSE
Announcing, the House adopts the conference committee report on HCR 5059.

The House adopts the conference committee report on SB 248.

CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 248, submits the following report:

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

On page 1, by striking all in lines 22 through 43;

On page 2, by striking all in lines 1 through 43;

On page 3, by striking all in lines 1 through 23 and inserting new material to read as
follows:

``Section 1. K.S.A. 75-5321a is hereby amended to read as follows: 75-5321a. The
secretary of social and rehabilitation services shall take necessary actions to transfer the
administration of certain long-term care programs and services to the secretary of aging.
The programs shall include the nursing facility services payment program, the home and
community based ~~nursing facility~~ services for the frail elderly waiver program, the case
management for the frail elderly program and the income eligible (home care) program.
Excluding nursing facility programs, the programs to be transferred shall not include long-
term care programs for individuals under the age of 65 with mental illness, mental
retardation, other mental disabilities or physical disabilities. All such transfers shall be made
only in accordance with federal grant requirements related to such programs.

New Sec. 2. (a) The secretary of social and rehabilitation services and the secretary of
aging shall take necessary actions to establish an intergovernmental transfer program as a
part of the nursing facility services payment program within the medicaid state plan.

(b) In implementing the intergovernmental transfer program, the secretary of aging
shall disburse moneys received from the federal government for the intergovernmental
transfer program and moneys transferred from the state general fund to the
intergovernmental transfer fund for the program to units of government which have entered
into participation agreements with the secretary of aging and the secretary of social and
rehabilitation services. The amount of moneys disbursed to the units of government from
moneys transferred from the state general fund to the intergovernmental transfer fund for
the program shall not exceed the amount necessary to match federal funds available to the
state under the intergovernmental transfer program. The secretary of aging shall periodically
calculate the amount of federal funds available under the program according to the
methodology prescribed for the intergovernmental transfer program in the medicaid state
plan.

(c) The secretary of social and rehabilitation services and the secretary of aging are
authorized to enter into intergovernmental transfer program participation agreements with
units of government which own and operate nursing facilities. The participation agreements
may permit the units of government to retain a participation fee specified by the secretary
of aging from moneys received under the intergovernmental transfer program which are
otherwise required to be transferred back to the secretary of aging.

(d) (1) There is hereby established the intergovernmental transfer fund in the state
treasury which shall be administered by the secretary of aging in accordance with this act.
All expenditures from the intergovernmental transfer fund shall be to disburse the state
match amount under the intergovernmental transfer program and shall be made in
accordance with appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the secretary of aging or the secretary's designee.
Subject to the provisions of appropriation acts, when the secretary of aging determines that
an amount of federal medicaid moneys is available for the intergovernmental transfer
program, the secretary of aging shall determine the amount required as the state match and
shall certify that amount to the director of accounts and reports. Upon receipt of each such
state match certification, the director of accounts and reports shall transfer the amount
certified by revenue transfer from the state general fund to the intergovernmental transfer
fund. Upon the crediting of such state match amount in the intergovernmental transfer
fund, the secretary of aging shall disburse the amount of federal moneys and the state match
amount to the units of government that have entered into participation agreements under
the program.

(2) Each unit of government receiving a disbursement under the intergovernmental
transfer program shall reimburse the amount of money received, less the amount of the
participation fee, to the secretary of aging. Upon receipt of each amount of moneys from
participating units of government under the intergovernmental transfer program, the
secretary of aging shall deposit the entire amount in the state treasury to the credit of the
intergovernmental transfer fund. The secretary of aging shall determine the amount of each
such deposit that was transferred from the state general fund to match medicaid federal
funds under the intergovernmental transfer program and shall certify such amount to the
director of accounts and reports. Upon receipt of each such certification, the director of
accounts and reports shall retransfer the amount certified from the intergovernmental
transfer fund to the state general fund.

(e) There is hereby established the intergovernmental transfer administration fund in
the state treasury which shall be administered by the secretary of aging in accordance with
this act. All expenditures from the intergovernmental transfer administration fund shall be
to pay the costs of administering the intergovernmental transfer program and shall be made
in accordance with appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the secretary of aging or the secretary's designee.
The secretary of aging shall recover the costs of administering the intergovernmental transfer
program from the intergovernmental transfer fund by certifying the amount of such costs
to the director of accounts and reports each calendar quarter. Upon receipt of each
certification of costs from the secretary of aging under this subsection, the director of
accounts and reports shall transfer the amount certified from the intergovernmental transfer
fund to the intergovernmental transfer administration fund.

(f) After each amount of moneys is credited to the intergovernmental transfer fund and
the amount of the state match that had been transferred from the state general fund has
been transferred back to the state general fund pursuant to subsection (d)(2), and after the
transfer of the amount certified by the secretary of aging to the intergovernmental transfer
administration fund pursuant to subsection (e), if any, the director of accounts and reports
shall transfer the remaining amount in the intergovernmental transfer fund as follows:

(1) During the period from the effective date of this act through June 30, 2001, 60%
of such amount shall be transferred to the senior services trust fund established by section
3 and amendments thereto, 9.7% of such amount shall be transferred to the state medicaid
match fund -- department on aging established by subsection (o)(1), 15.3% of such amount
shall be transferred to the state medicaid match fund--SRS established by subsection (o)(2),
10% of such amount shall be transferred to the long-term care loan and grant fund
established by subsection (h) and 5% of such amount shall be transferred to the HCBS
programs fund established by subsection (p); and

(2) after June 30, 2001, 70% of such amount shall be transferred to the senior services
trust fund, 5% of such amount shall be transferred to the long-term care loan and grant
fund and 25% of such amount shall be transferred to the following special revenue funds
in an amount specified by appropriation acts of the legislature for each such fund: State
medicaid match fund--department on aging and the state medicaid match fund--SRS.

(g) There is hereby established the senior services fund in the state treasury which shall
be administered by the secretary of aging in accordance with this act. All expenditures from
the senior services fund shall be made in accordance with appropriation acts upon warrants
of the director of accounts and reports issued pursuant to vouchers approved by the secretary
of aging or the secretary's designee. Moneys in the senior services fund shall be used by the
secretary of aging only for projects intended (1) to reduce future medicaid costs to the state,
(2) to help seniors avoid premature institutionalization, (3) to improve the quality of care
or the quality of life of seniors who are customers of long-term care programs, (4) to satisfy
state matching requirements for senior service programs authorized by federal law, or (5)
to provide financial assistance under the senior pharmacy assistance program. Moneys
credited to the senior services fund from income of investments of the moneys in the senior
services trust fund shall not be used to create or fund any entitlement program not in
existence on the effective date of this act.

(h) There is hereby established the long-term care loan and grant fund in the state
treasury which shall be administered by the secretary of aging in accordance with this act.
All expenditures from the long-term care loan and grant fund shall be made in accordance
with appropriation acts upon warrants of the director of accounts and reports issued pursuant
to vouchers approved by the secretary of aging or the secretary's designee. Moneys in the
long-term care loan and grant fund shall be used to make loans under the long-term care
loan program developed by the secretary of aging in accordance with this section and grants
under the long-term grant program developed by the secretary of aging in accordance with
this section.

(i) The secretary of aging is hereby authorized to develop and implement a long-term
care loan program in accordance with this section. Subject to the provisions of this section
and the provisions of appropriation acts, the secretary of aging may enter into loan
agreements for market-rate, low-interest or no-interest, fully or partially secured or
unsecured loans with repayment provisions and other terms and conditions as may be
prescribed by the secretary under such program. Loans under the long-term care loan
program may be made for the following:

(1) Converting all or parts of some types of licensed adult care homes from their existing
licensure types to different licensure types to meet demonstrated changing service demands
in their communities;

(2) converting private residences to licensed homes plus facilities, as defined by K.S.A.
39-923 and amendments thereto;

(3) converting space in rural hospitals to hospital-based long-term care facilities;

(4) improving quality in some types of licensed adult care homes;

(5) rural hospitals contracting for physician, physician assistant or licensed professional
nurse services; or

(6) building congregate housing for seniors in Kansas cities with populations of 2,500
or less.

(j) The secretary of aging may consider the following factors to prioritize and select
loans under the long-term care loan program, grants under the long-term care grant program
and projects financed from the senior services fund:

(1) Type of loan -- higher interest is preferable to lower interest and more secured is
preferable to less secured;

(2) size of facility -- facilities having less than 60 beds are preferable to facilities having
60 beds or more;

(3) availability and utilization of the same type of facilities or services in the proposed
loan or project area;

(4) type of facility owner or borrower -- unit of government, not-for-profit organizations,
for-profit organizations, and individuals, in that order of preference; and

(5) type of research project organization -- geriatric schools or programs in Kansas
colleges or universities, Kansas colleges or universities, educational foundations, foreign
colleges or universities, Kansas not-for-profit organizations, Kansas for-profit organizations,
foreign not-for-profit organizations, foreign for-profit organizations, and individuals, in that
order of preference.

(k) All moneys received from repayments of principal and interest of any loan made
under this act shall be deposited in the state treasury and credited to the long-term care
loan and grant fund within the state treasury and used to make new loans or grants under
this section. The repayment of a loan or of a senior services fund project contract or grant
may not be forgiven, in whole or in part, except as authorized by law.

(l) The secretary of aging is hereby authorized to develop and implement a long-term
care grant program in accordance with this section. Subject to the provisions of this section
and the provisions of appropriation acts, the secretary of aging may make competitive
matching grants under such terms and conditions as may be prescribed by the secretary
under such program. Grants under the long-term care grant program may be made only
from the amount of moneys received for interest payments under loan agreements under
the long-term care loan program and credited to the long-term care loan and grant fund.
Grants under the long-term care grant program may be made for the following:

(1) Grants for improvements in the quality of case management services under home
and community-based services (HCBS) programs and for improvements for adult care
homes; and

(2) financial assurance grants for community service providers under home and
community-based services (HCBS) programs.

(m) For purposes of this section, ``units of government'' and ``units of government which
own and operate nursing facilities'' which are eligible to enter into intergovernmental
transfer program participation agreements shall be limited to cities of the first class, cities
of the second class, counties, hospital districts, or health care facilities and services hospital
districts which hold legal title to and are actively involved in the day-to-day operations of
any of the following:

(1) Medicaid-certified nursing facilities and nursing facilities for mental health, as
defined in K.S.A. 39-923 and amendments thereto;

(2) medicaid-certified long-term care facilities which are operated in connection with
city hospitals established under K.S.A. 13-14b01 et seq. and amendments thereto or K.S.A.
14-601 et seq. and amendments thereto, county hospitals established under K.S.A. 19-4601
et seq. and amendments thereto, or district hospitals established under K.S.A. 80-2501 et
seq. and amendments thereto; or

(3) medicaid-certified long-term care facilities operated under authority of K.S.A. 80-
2550 et seq. and amendments thereto.

(n) Entities eligible to apply for loans under the long-term care loan program under
this section shall be limited to the owners of:

(1) Licensed adult care homes, excluding nursing facilities for mental health and
intermediate care facilities for the mentally retarded, as defined in K.S.A. 39-923 and
amendments thereto;

(2) medicaid-certified licensed hospitals and medicaid-certified long-term care facilities
based in or operated in connection with licensed hospitals as defined in K.S.A. 65-425 and
amendments thereto;

(3) private residences which the owners will contract to convert into licensed homes
plus facilities, as defined in K.S.A. 39-923 and amendments thereto, and in which the owners
will reside after the conversion and licensure; or

(4) congregate senior housing projects being built with loans in Kansas cities with a
population of 2,500 or less.

(o) (1) There is hereby established the state medicaid match fund--department on
aging in the state treasury which shall be administered by the secretary of aging in
accordance with this act. All expenditures from the state medicaid match fund--department
on aging shall be made in accordance with appropriation acts upon warrants of the director
of accounts and reports issued pursuant to vouchers approved by the secretary of aging or
the secretary's designee. Moneys in the state medicaid match fund--department on aging
shall be used to match moneys for federal medicaid programs which are the most cost
efficient in providing services.

(2) There is hereby established the state medicaid match fund--SRS in the state
treasury which shall be administered as provided by law and in accordance with this act. All
expenditures from the state medicaid match fund--SRS shall be made in accordance with
appropriation acts upon warrants of the director of accounts and reports issued pursuant to
vouchers approved as provided by law. Moneys in the state medicaid match fund--SRS
shall be used to match moneys for federal medicaid programs which are the most cost
efficient in providing services.

(p) There is hereby established the HCBS programs fund in the state treasury which
shall be administered by the secretary of social and rehabilitation services. All moneys in
the HCBS programs fund shall be used for programs and services under the home and
community-based services (HCBS) programs and as otherwise provided by law. All
expenditures from the HCBS programs fund shall be made in accordance with appropriation
acts upon warrants of the director of accounts and reports issued pursuant to vouchers
approved by the secretary of social and rehabilitation services or the secretary's designee.

New Sec. 3. (a) The board of trustees is responsible for the management and
investment of the senior services trust fund which is hereby established in the state treasury.
The board of trustees shall discharge the board's duties relative to the fund for the exclusive
purpose of providing investment revenue for the purposes for which the fund moneys may
be used and defraying reasonable expenses of administering the fund. The board shall invest
and reinvest moneys in the fund and acquire, retain, manage, including the exercise of any
voting rights, and dispose of investments of the fund within the limitations and according
to the powers, duties and purposes as prescribed by this section.

(b) Moneys in the fund shall be invested and reinvested to achieve the investment
objective which is preservation of the fund to provide income and accordingly providing
that the moneys are as productive as possible, subject to the standards set forth in this act.
No moneys in the fund shall be invested or reinvested if the sole or primary investment
objective is for economic development or social purposes or objectives.

(c) In investing and reinvesting moneys in the fund and in acquiring, retaining, managing
and disposing of investments of the fund, the board of trustees shall exercise the judgment,
care, skill, prudence and diligence under the circumstances then prevailing, which persons
of prudence, discretion and intelligence acting in a like capacity and familiar with such
matters would use in the conduct of an enterprise of like character and with like aims by
diversifying the investments of the fund so as to minimize the risk of large losses, unless
under the circumstances it is clearly prudent not to do so, and not in regard to speculation
but in regard to the permanent disposition of similar funds, considering the probable income
as well as the probable safety of their capital.

(d) In the discharge of such management and investment responsibilities the board of
trustees may contract for services of one or more professional investment advisors or other
consultants in the management and investment of moneys in the fund and otherwise in the
performance of the duties of the board of trustees under this act.

(e) The board of trustees shall require that each person contracted with under
subsection (d) to provide services shall obtain commercial insurance which provides for
errors and omissions coverage for such person in an amount to be specified by the board
of trustees. The amount of such coverage specified by the board of trustees shall be at least
the greater of $500,000 or 1% of the funds entrusted to such person up to a maximum of
$10,000,000. The board of trustees shall require a person contracted with under subsection
(d) to provide services give a fidelity bond in a penal sum as may be fixed by law or, if not
so fixed, as may be fixed by the board of trustees, with corporate surety authorized to do
business in this state. Such persons contracted with the board of trustees pursuant to
subsection (d) and any persons contracted with such persons to perform the functions
specified in subsection (b) shall be deemed to be fiduciary agents of the board of trustees
in the performance of contractual obligations.

(f) (1) Subject to the objective set forth in subsection (b) and the standards set forth in
subsection (c), the board of trustees shall formulate and adopt policies and objectives for
the investment and reinvestment of moneys in the fund and the acquisition, retention,
management and disposition of investments of the fund. Such policies and objectives shall
be in writing and shall include:

(A) Specific asset allocation standards and objectives;

(B) establishment of criteria for evaluating the risk versus the potential return on a
particular investment; and

(C) a requirement that all investment advisors, and any managers or others with similar
duties and responsibilities as investment advisors, shall immediately report all instances of
default on investments to the board of trustees and provide such board of trustees with
recommendations and options, including, but not limited to, curing the default or withdrawal
from the investment.

(2) The board of trustees shall review such policies and objectives, make changes
considered necessary or desirable and readopt such policies and objectives on an annual
basis.

(g) (1) Except as provided in subsection (d) and this subsection, the custody of money
and securities of the fund shall remain in the custody of the state treasurer, except that the
board of trustees may arrange for the custody of such money and securities as it considers
advisable with one or more member banks or trust companies of the federal reserve system
or with one or more banks in the state of Kansas, or both, to be held in safekeeping by the
banks or trust companies for the collection of the principal and interest or other income or
of the proceeds of sale.

(2) The state treasurer and the board of trustees shall collect the principal and interest
or other income of investments or the proceeds of sale of securities of the fund in the
custody of the state treasurer and shall pay such moneys when so collected into the state
treasury to the credit of the fund.

(3) The principal and interest or other income or the proceeds of sale of securities of
the fund as provided in paragraph (1) of this subsection shall be reported to the state
treasurer, the director of accounts and reports and the board of trustees and credited to the
fund.

(h) All interest or other income of the investments of the moneys in the fund, after
payment of any management fees, shall be considered income of the fund and shall be
withdrawn and deposited quarterly in the state treasury to the credit of the senior services
fund to be used by the secretary of aging for the purposes permitted by section 2 and
amendments thereto.

(i) As used in this section:

(1) ``Board of trustees'' means the board of trustees of the Kansas public employees
retirement system established by K.S.A. 74-4905 and amendments thereto.

(2) ``Fiduciary'' means a person who, with respect to the fund, is a person who:

(A) Exercises any discretionary authority with respect to administration of the fund;

(B) exercises any authority to invest or manage assets of the fund or has any authority
or responsibility to do so;

(C) provides investment advice for a fee or other direct or indirect compensation with
respect to the assets of the fund or has any authority or responsibility to do so;

(D) provides actuarial, accounting, auditing, consulting, legal or other professional
services for a fee or other direct or indirect compensation with respect to the fund or has
any authority or responsibility to do so; or

(E) is a member of the board of trustees or of the staff of the board of trustees.

(3) ``Fund'' means the senior services trust fund.

(4) With respect to the investment of moneys in the senior services trust fund, ``purposes
for which the moneys may be used'' means the purposes for which the moneys in the senior
services fund may be used, as provided in section 2 and amendments thereto.

New Sec. 4. The board of trustees of the Kansas public employees retirement system
shall report to the governor and to the legislature on the moneys credited to the senior
services trust fund and investment earnings thereon at least once each calendar quarter and
on a monthly basis upon request of the governor, the president of the senate or the speaker
of the house of representatives. The director of the budget and the governor shall use the
information in such reports in the preparation of the governor's budget report under K.S.A.
75-3721 and amendments thereto.

Sec. 5. K.S.A. 75-5321a is hereby repealed.

Sec. 6. This act shall take effect and be in force from and after its publication in the
Kansas register.'';

On page 1, in the title, by striking all in lines 14 through 19 and inserting ``AN ACT
relating to the medicaid state plan; establishing an intergovernmental transfer program;
concerning nursing facilities owned and operated by units of government; relating to the
federal medical assistance (medicaid) program; establishing an intergovernmental transfer
fund, an intergovernmental transfer administration fund, a long-term care loan and grant
fund, a senior services trust fund, a senior services fund, a state medicaid match fund --
department on aging, a state medicaid match fund -- SRS and an HCBS programs fund
within the state treasury; authorizing certain participation agreements, loans, grants and
contracts; amending K.S.A. 75-5321a and repealing the existing section.'';

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

David Adkins

Melvin Neufeld

Bill Reardon
Conferees on the part of House

Dave Kerr

Alicia Salisbury

Marge Petty
Conferees on part of Senate

Senator Kerr moved the Senate adopt the Conference Committee Report on SB 248.

On roll call, the vote was: Yeas 39, Nays 0, Present and Passing 0, Absent or Not Voting
1.

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

Absent or Not Voting: Langworthy.

The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2627, submits the following report:

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

On page 1, following line 17, by inserting:

``Section 1. K.S.A. 1999 Supp. 46-236 is hereby amended to read as follows: 46-236.
No state officer or employee, candidate for state office or state officer elect shall solicit any
economic opportunity, gift, loan, gratuity, special discount, favor, hospitality, or service from
any person known to have a special interest, under circumstances where such officer,
employee, candidate or state officer elect knows or should know that a major purpose of
the donor in granting the same could be to influence the performance of the official duties
or prospective official duties of such officer, employee, candidate or state officer elect.

Except when a particular course of official action is to be followed as a condition thereon,
this section shall not apply to: (1) Any contribution reported in compliance with the
campaign finance act; (2) a commercially reasonable loan or other commercial transaction
in the ordinary course of business; or (3) any solicitation for the benefit of any charitable
organization which is required to file a registration statement with the secretary of state
pursuant to K.S.A. ~~17-1740~~ 17-1761, and amendments thereto, or which is exempted from
filing such statement pursuant to K.S.A. ~~17-1741~~ 17-1762, and amendments thereto, or for
the benefit of any educational institution or such institution's endowment association, if such
association has qualified as a nonprofit organization under paragraph (3) of subsection (c)
of section 501 of the internal revenue code of 1986, as amended; (4) any solicitation for the
benefit of any national nonprofit, nonpartisan organization established for the purpose of
serving, informing, educating and strengthening state legislatures in all states of the nation;
or (5) any solicitation for the benefit of any national, nonprofit organization established for
the purpose of serving, informing and educating elected executive branch officials in all states
of the nation.'';

By renumbering sections accordingly;

On page 3, in line 13, by striking ``under'' and inserting ``required to be filed by''; in line
14, before ``shall'' by inserting ``is a public record and shall be open to public inspection
upon request. Such report''; in line 38, by striking ``(c)'' and inserting ``(d)'';

On page 4, in line 9, by striking all after ``relationship''; by striking all in line 10; in line
11, by striking ``to attend''; in line 16, by striking ``and''; in line 18, by striking the period
and inserting ``; and''; by striking all in lines 19 through 27; following line 27, by inserting:

``(E) entertainment or hospitality in the form of recreation, food and beverages provided
at an event to which the following have been invited:

(i) All members of the legislature or all members of either house of the legislature; or

(ii) all members of a political party caucus of the legislature or all members of a political
party caucus of either house of the legislature.'';

On page 6, by striking all following line 25;

By striking all on pages 7 and 8;

On page 9, by striking all in lines 1 through 20; following line 20, by inserting:

``New Sec. 5. Sections 5 through 10, and amendments thereto, shall be known and may
be cited as the professional services sunshine act.

New Sec. 6. As used in the professional services sunshine act:

(a) (1) ``Professional services'' means services performed under a contract with a state
agency by any:

(A) Certified public accountant;

(B) attorney; or

(C) consultant.

(2) ``Professional services'' shall not include the services of persons who assist in the
preparation of expert testimony for litigation or who act as expert witnesses in litigation.

(b) ``Consultant'' means an individual or firm providing contractual services in the form
of professional or technical advice or opinions.

New Sec. 7. (a) Except as provided in this section, all contracts for professional and
consultant services, shall be negotiated in accordance with the provisions of K.S.A. 75-
37,102, and amendments thereto.

(b) The provisions of subsection (a) shall not apply to any contract for professional or
consultant services that the director of purchases determines meets one or more of the
criteria established in subsections (a) and (h) of K.S.A. 75-3739, and amendments thereto.
When the director of purchases approves a contract for professional or consultant services
under this subsection, the director may delegate authority to the agency to enter into the
contract under conditions and procedures prescribed by the director.

(c) The provisions of subsection (a) shall not apply to any contract for professional or
consultant services that is not anticipated to exceed $25,000 in any fiscal year. Such a
contract shall be entered into by the state agency on the basis of competitive negotiations
with at least two individuals or firms unless the head of the agency determines that
competitive negotiations are not in the best interest of the state. The agency head shall make
a report to the director of purchases at least once in each calendar quarter during the term
of each contract for professional or consultant services that exceeds $5,000 and that was
entered into without competitive negotiations.

(d) The director of purchases shall prepare a detailed report at least once in each
calendar quarter during the term of each contract for professional or consultant services
that exceeds $5,000 that is entered into under subsection (b) and all contracts for
professional or consultant services reported to the director under subsection (c). The
director of purchases shall submit such report to the legislative coordinating council, the
chairperson of the committee on ways and means of the senate, the chairperson of the
committee on appropriations of the house of representatives and the chairperson of the
Kansas performance review board.

(e) All contracts for architectural services, engineering services, construction
management or ancillary technical services entered into by a state agency shall be entered
into in accordance with the provisions of K.S.A. 75-430a, 75-1250 through 75-1266 and 75-
5801 through 75-5807, and amendments thereto.

(f) All contracts for professional services entered into by the board of governors of the
health care stabilization fund shall be entered into in accordance with the provisions of
K.S.A. 40-3410 and 40-3411, and amendments thereto.

(g) Upon written certification from the commissioner of insurance to the director of
purchases and the legislative budget committee that an emergency exists and the best
interests of the state would be jeopardized by compliance with subsection (a), the provisions
of subsections (a) and (c) shall not apply to contracts for legal services performed under
article 36 of chapter 40 of the Kansas Statutes Annotated.

New Sec. 8. If a state agency expends grant funds to purchase goods or services for
which the state agency receives a direct service or a tangible asset, the procurement of those
goods or services shall be subject to K.S.A. 75-3739, 75-37,102 and section 7, and
amendments thereto, or other applicable statutes relating to procurement of those goods
and services.

New Sec. 9. Nothing in section 7 or 8, and amendments thereto, shall be construed to
allow federal grant moneys received by a state agency to be handled differently from any
other moneys of the state unless the requirements of the applicable federal grant specifically
require such federal moneys to be handled differently.

New Sec. 10. (a) Prior to entering a contract for legal services where the amount of
the fees paid to an attorney or firm of attorneys reasonably may exceed $1,000,000, the
director of purchases shall submit the proposed request for proposal to the legislative budget
committee. Within 30 days after submission of such request for proposal, the committee
may hold a public hearing on the proposed request for proposal and shall issue a report to
the director of purchases. The report shall include any proposed changes to the proposed
request for proposal suggested by the committee. The committee is not authorized to waive
the evidentiary privileges of the state, or any of the persons or entities that state attorneys
are representing or acting in concert with in any litigation or anticipated litigation. The
committee, the director of purchases and their employees shall take all reasonable steps to
protect such privileges. The director of purchases shall review the report and adopt a final
request for proposal as deemed appropriate in view of the report and shall file the final
request for proposal with the legislative budget committee.

If the proposed request for proposal does not contain the changes proposed by the
committee, the director of purchases shall submit with the final request for proposal a letter
stating the reasons why such proposed changes were not adopted. The director of purchases
shall not release the final request for proposal until at least 10 days after the date of
submission of the final request for proposal to the legislative budget committee.

If the legislative budget committee makes no suggested changes to the proposed request
for proposal or fails to report any suggested changes within 60 days of the submission of the
proposed request for proposal to such committee, the director of purchases may release the
request for proposal.

(b) After awarding a contract for legal services where the amount of the fees paid to an
attorney or firm of attorneys reasonably may exceed $1,000,000, the director of purchases
shall submit the contract to the legislative budget committee. Within 30 days after
submission of such contract, the committee may hold a public hearing on the contract and
shall issue a report to the director of purchases. The report shall include any concerns of
the committee.

(c) The provisions of this section shall not apply in any action in which the state of
Kansas or any state agency, officer or employee is a defendant and a contract for legal
services is to be entered. The director of purchases shall prepare a report each calendar
quarter while such legal proceeding is in progress. Such report shall include the case citation
and the date upon which the action was filed. The director of purchases shall submit the
report to the legislative coordinating council, the chairperson of the committee on ways and
means of the senate, the chairperson of the committee on appropriations of the house of
representatives and the chairperson of the Kansas performance review board.

(d) The director of purchases shall prepare a detailed report at least once in each
calendar quarter of each legal proceeding which has been completed and for which a
contingency fee arrangement was entered. Such report shall disclose the hours worked on
the case, the expenses incurred, the aggregate fee amount and a breakdown as to the hourly
rate, based on hours worked divided into fee recovered, less expenses. The director of
purchases shall submit the report to the legislative coordinating council, the chairperson of
the committee on ways and means of the senate, the chairperson of the committee on
appropriations of the house of representatives and the chairperson of the Kansas
performance review board.

(e) Reasonable attorney fees to be paid by the state or defendant in an action where
the attorney was hired by the state with a contingency fee agreement shall be approved by
the judge after an evidentiary hearing and prior to final disposition of the case by the district
court. Any individual may provide information to the court and be heard before the court
with regard to the reasonableness of attorney fees paid by the state or defendant under the
contingency fee agreement. Compensation for reasonable attorney fees for services
performed in an appeal of a judgment in any such action to the court of appeals shall be
approved after an evidentiary hearing by the chief judge or by the presiding judge of the
panel hearing the case. Compensation for reasonable attorney fees for services performed
in an appeal of a judgment in any such action to the supreme court shall be approved after
an evidentiary hearing by the departmental justice for the department in which the appeal
originated. In determining the reasonableness of such compensation, the judge or justice
shall consider the following:

(1) The time and labor required, the novelty and difficulty of the questions involved
and the skill requisite to perform the legal service properly.

(2) The likelihood, if apparent to the client, that the acceptance of the particular
employment will preclude other employment by the attorney.

(3) The fee customarily charged in the locality for similar legal services.

(4) The amount involved and the results obtained.

(5) The time limitations imposed by the client or by the circumstances.

(6) The nature and length of the professional relationship with the client.

(7) The experience, reputation and ability of the attorney or attorneys performing the
services.

(8) Whether the fee is fixed or contingent.

Sec. 11. K.S.A. 25-4142 is hereby amended to read as follows: 25-4142. K.S.A. 25-
4119e, 25-4119f, 25-4119g, 25-4142 ~~to 25-4179 inclusive, and amendments thereto and 25-~~
~~4119e, 25-4119f, 25-4119g, 25-4148a, 25-4153a, 25-4157a, 25-4169a, 25-4180 to 25-4185,~~
~~inclusive~~ through 25-4187 and section 14, and amendments thereto, shall ~~constitute~~ be
known and may be cited as the ``campaign finance act.''

Sec. 9. K.S.A. 1999 Supp. 25-4143 is hereby amended to read as follows: 25-4143. As
used in the campaign finance act, unless the context otherwise requires:

(a) ``Candidate'' means an individual who: (1) Appoints a treasurer or a candidate
committee;

(2) makes a public announcement of intention to seek nomination or election to state
or local office;

(3) makes any expenditure or accepts any contribution for such person's nomination or
election to any state or local office; or

(4) files a declaration or petition to become a candidate for state or local office.

(b) ``Candidate committee'' means a committee appointed by a candidate to receive
contributions and make expenditures for the candidate.

(c) ``Clearly identified candidate'' means a candidate who has been identified by the:

(1) Use of the name of the candidate;

(2) use of a photograph or drawing of the candidate; or

(3) unambiguous reference to the candidate whether or not the name, photograph or
drawing of such candidate is used.

(d) ``Commission'' means the governmental ethics commission.

(e) (1) ``Contribution'' means:

(A) Any advance, conveyance, deposit, distribution, gift, loan or payment of money or
any other thing of value given to a candidate, candidate committee, party committee or
political committee for the express purpose of nominating, electing or defeating a clearly
identified candidate for a state or local office.

(B) Any advance, conveyance, deposit, distribution, gift, loan or payment of money or
any other thing of value made to expressly advocate the nomination, election or defeat of a
clearly identified candidate for a state or local office;

(C) a transfer of funds between any two or more candidate committees, party
committees or political committees;

(D) the payment, by any person other than a candidate, candidate committee, party
committee or political committee, of compensation to an individual for the personal services
rendered without charge to or for a candidate's campaign or to or for any such committee;

(E) the purchase of tickets or admissions to, or advertisements in journals or programs
for, testimonial events;

(F) a mailing of materials designed to expressly advocate the nomination, election or
defeat of a clearly identified candidate, which is made and paid for by a party committee
with the consent of such candidate.

(2) ``Contribution'' does not include:

(A) The value of volunteer services provided without compensation;

(B) costs to a volunteer related to the rendering of volunteer services not exceeding a
fair market value of $50 during an allocable election period as provided in K.S.A. 25-4149,
and amendments thereto;

(C) payment by a candidate or candidate's spouse for personal meals, lodging and travel
by personal automobile of the candidate or candidate's spouse while campaigning;

(D) the value of goods donated to events such as testimonial events, bake sales, garage
sales and auctions by any person not exceeding a fair market value of $50 per event.

(f) ``Election'' means:

(1) A primary or general election for state or local office; and

(2) a convention or caucus of a political party held to nominate a candidate for state or
local office.

(g) (1) ``Expenditure'' means:

(A) Any purchase, payment, distribution, loan, advance, deposit or gift of money or any
other thing of value made by a candidate, candidate committee, party committee or political
committee for the express purpose of nominating, electing or defeating a clearly identified
candidate for a state or local office.

(B) Any purchase, payment, distribution, loan, advance, deposit or gift of money or any
other thing of value made to expressly advocate the nomination, election or defeat of a
clearly identified candidate for a state or local office;

(C) any contract to make an expenditure;

(D) a transfer of funds between any two or more candidate committees, party
committees or political committees; or

(E) payment of a candidate's filing fees.

(2) ``Expenditure'' does not include:

(A) The value of volunteer services provided without compensation;

(B) costs to a volunteer incidental to the rendering of volunteer services not exceeding
a fair market value of $50 during an allocable election period as provided in K.S.A. 25-4149,
and amendments thereto;

(C) payment by a candidate or candidate's spouse for personal meals, lodging and travel
by personal automobile of the candidate or candidate's spouse while campaigning or
payment of such costs by the treasurer of a candidate or candidate committee;

(D) the value of goods donated to events such as testimonial events, bake sales, garage
sales and auctions by any person not exceeding fair market value of $50 per event; or

(E) any communication by an incumbent elected state or local officer with one or more
individuals unless the primary purpose thereof is to expressly advocate the nomination,
election or defeat of a clearly identified candidate.

(h) ``Expressly advocate the nomination, election or defeat of a clearly identified
candidate'' means any communication which uses phrases including, but not limited to:

~~(A)~~ (1) ``Vote for the secretary of state'';

~~(B)~~ (2) ``re-elect your senator'';

~~(C)~~ (3) ``support the democratic nominee'';

~~(D)~~ (4) ``cast your ballot for the republican challenger for governor'';

~~(E)~~ (5) ``Smith for senate'';

~~(F)~~ (6) ``Bob Jones in '98'';

~~(G)~~ (7) ``vote against Old Hickory'';

~~(H)~~ (8) ``defeat'' accompanied by a picture of one or more candidates; or

~~(I)~~ (9) ``Smith's the one.''

(i) ``Party committee'' means:

(1) The state committee of a political party regulated by article 3 of chapter 25 of the
Kansas Statutes Annotated;

(2) the county central committee or the state committee of a political party regulated
under article 38 of chapter 25 of the Kansas Statutes Annotated;

(3) the bona fide national organization or committee of those political parties regulated
by the Kansas Statutes Annotated;

(4) not more than one political committee established by the state committee of any
such political party and designated as a recognized political committee for the senate; or

(5) not more than one political committee established by the state committee of any
such political party and designated as a recognized political committee for the house of
representatives.

(j) ``Person'' means any individual, committee, corporation, partnership, trust,
organization or association.

(k) (1) ``Political committee'' means any combination of two or more individuals or any
person other than an individual, a major purpose of which is to expressly advocate the
nomination, election or defeat of a clearly identified candidate for state or local office or
make contributions to or expenditures for the nomination, election or defeat of a clearly
identified candidate for state or local office.

(2) ``Political committee'' shall not include a candidate committee or a party committee.

(l) ``Receipt''eans a contribution or any other money or thing of value, but not including
volunteer services provided without compensation, received by a treasurer in the treasurer's
official capacity.

(m) ``ate office''eans any state office as defined in K.S.A. 25-2505, and amendments
thereto.

(n) ``Tesimmonial event'' means an event held for the benefit of an individual who is a
candidate to raise contributions for such candidate's campaign. Testimonial events include
but are not limited to dinners, luncheons, rallies, barbecues and picnics.

(o) ``Treasurer'' means a treasurer of a candidate or of a candidate committee, a party
committee or a political committee appointed under the campaign finance act or a treasurer
of a combination of individuals or a person other than an individual which is subject to
paragraph (2) of subsection (a) of K.S.A. 25-4172, and amendments thereto.

(p) ``Local office'' means a member of the governing body of a city of the first class, any
elected office of a unified school district having 35,000 or more pupils regularly enrolled in
the preceding school year, a county or of the board of public utilities.

Sec. 13. K.S.A. 1999 Supp. 25-4153a is hereby amended to read as follows: 25-4153a.
(a) No registered lobbyist, political committee or person, other than an individual, shall
make a contribution ~~as defined by subsection (d) of K.S.A. 25-4143, and amendments~~
~~thereto, to any legislator, candidate for membership in the senate or house of~~
~~representatives, candidate committee for any such legislator or candidate, state officer~~
~~elected on a statewide basis, candidate for state office elected on a statewide basis or~~
~~candidate committee for any such officer or candidate~~ after January 1 of each year and prior
to adjournment sine die of the regular session of the legislature or at any other time in
which the legislature is in session to a:

(1) Legislator;

(2) candidate for membership in the legislature;

(3) state officer elected on a statewide basis;

(4) candidate for state officer elected on a statewide basis;

(5) candidate committee of persons described in paragraphs (1) through (4); or

(6) political committee established by a state committee of any political party and
designated as a recognized political committee for the senate or house of representatives.

(b) No ~~such~~ legislator, officer, candidate or committee described in paragraphs (1)
through (6) of subsection (a) shall accept or solicit any contribution as defined by ~~subsection~~
~~(d) of~~ K.S.A. 25-4143, and amendments thereto, from any registered lobbyist, political
committee or person, other than an individual, during such period of time described in
subsection (a).

New Sec. 14. No political committee, a major purpose of which is to expressly advocate
the nomination, election or defeat of a clearly identified candidate for the legislature or to
make contributions or expenditures for the nomination, election or defeat of a clearly
identified candidate for the legislature, shall be established by a member of the legislature.

Sec. 15. K.S.A. 25-4142 and K.S.A. 1999 Supp. 25-4143, 25-4153a, 46-236, 46-237, 46-
237a and 46-269 are hereby repealed.'';

By renumbering section 9 as section 16;

In the title, by striking all in lines 12 through 15 and inserting:

``AN ACT concerning ethics and elections; concerning campaign finance; amending K.S.A.
25-4142 and K.S.A. 1999 Supp. 25-4143, 25-4153a, 46-236, 46-237, 46-237a and 46-269
and repealing the existing sections.'';

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

Janice Hardenburger

Sandy Praeger

Anthony Hensley
Conferees on the part of Senate

Lisa Benlon

Ted Powers

Troy Findley
Conferees on part of House

Senator Hardenburger explained the Conference Committee Report on S Sub for HB
2627.

Senator Vratil moved the Senate reject the Conference Committee Report and a new
conference committee be appointed.

Senator Hensley offered a substitute motion to adopt the Conference Committee Report.

On roll call, the vote was: Yeas 31, Nays 6, Present and Passing 2, Absent or Not Voting
1.

Yeas: Barone, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey, Emert, Feleciano,
Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jordan, Kerr,
Lee, Petty, Praeger, Pugh, Ranson, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen.

Nays: Becker, Donovan, Lawrence, Oleen, Salisbury, Vratil.

Present and Passing: Jones, Morris.

Absent or Not Voting: Langworthy.

The Conference Committee report was adopted.

EXPLANATION OF VOTE Mr. President: The drafters of S Sub for HB 2627 have made a valiant effort to write
a bill which protects the public and ensures that state agencies will receive the highest
quality services at the lowest possible price, but they have missed the mark. This bill gives
the appearance of protecting the public and conserving taxpayer dollars, but that is merely
an illusion. The bill misleads the public into thinking its interests are being protected while,
in fact, the bill is full of loopholes and ambiguous language. The legislature does no service
to the public by passing legislation so misleading and poorly drafted as this bill.--John
Vratil

Senators Donovan and Salisbury request the record to show they concur with the
``Explanation of Vote'' offered by Senator Vratil on S Sub for HB 2627.

MESSAGE FROM THE HOUSE
Announcing, the House adopts the conference committee report on HB 2011.

The House adopts the Conference Committee report to agree to disagree on HB 2328
and has appointed Representatives Benlon, Powers and Welshimer as second conferees on
the part of the House.

REPORTS OF STANDING COMMITTEES
Committee on Federal and State Affairs recommends SB 667 be amended on page 2,
in line 24, following ``(p)'' by inserting ``(1)''; following line 37, by inserting the following:

``(2) ``Electronic gaming machine'' shall not include any casino table game, such as craps,
poker, blackjack, roulette, keno, layout, numbers, tickets, baccarat, Klondike table,
punchboard, punch cards, faro layout, ticket or pull tab or video lottery machine.'';

On page 3, in line 27, by striking all following the period; by striking all in lines 28, 29
and 30; following line 30, by inserting the following:

``(v) ``Progressive game'' means a game played on an electronic gaming device on which
the payoff increases uniformly as the electronic gaming device is played and on which the
jackpot, determined by application of a formula to the income of independent, local or
interlinked electronic gaming devices, may be won.'';

By relettering subsections accordingly;

On page 5, in line 8, following ``employee'' by inserting ``shall'';

On page 6, in line 5, by striking ``a commission'' and inserting ``an'';

On page 8, in line 13, by striking ``pursuant to this act'' and inserting ``at the following
locations''; in line 19, by striking ``12'' and inserting ``13''; in line 25, by striking ``12'' and
inserting ``13''; also in line 25, following ``program'' by inserting ``and also shall conduct at
least 60 days of live horse racing with a minimum of seven live thoroughbred and three live
quarterhorse races per day''; in line 31, by striking ``12'' and inserting ``13''; in line 33,
following ``The'' by inserting ``Kansas racing and gaming''; in line 37, by striking all following
``sickness''; in line 38, by striking all preceding ``or''; in line 43, by striking ``subsection (c)(8)
of section 11'' and inserting ``section 8'';

On page 9, in line 17, following the period, by inserting ``Such rules and regulations shall
provide that an amount equal to 20% of the moneys in the live horse racing purse
supplement fund shall be transferred to the horse breeding development fund created
pursuant to K.S.A. 74-8829, and amendments thereto, to be expended as provided therein.
The balance in such fund shall be expended upon recommendation of the respective
thoroughbred and quarterhorse breed organizations with the approval of the Kansas racing
and gaming commission.''; in line 21, following the period, by inserting ``Such rules and
regulations also shall provide that a portion of the moneys available in such fund, in an
amount not to exceed 20% of such fund shall be transferred to the greyhound breeding
development fund created pursuant to K.S.A. 74-8831, and amendments thereto, to be
expended as provided therein.''; in line 29, by striking ``general'' and inserting ``gaming
revenues'';

On page 10, in line 1, by striking all following ``to''; in line 2, by striking all preceding
``pursuant'' and inserting ``the state gaming revenues fund to be expended in accordance
with appropriation acts which may include transfers to the problem gambling grant fund
created''; in line 4, by striking ``for'' and inserting ``to''; in line 11, by striking ``; provided
that not'' and inserting ``. Not''; in line 13, following ``basis'' by inserting ``. The revenues
dedicated to purse supplements shall be distributed into separate quarterhorse and
thoroughbred accounts, with each year's percentage calculated on an average of the
preceding three years' live starters in Kansas''; by striking all in lines 36 through 43;

On page 11, by striking all in lines 1 through 11 and inserting:

``New Sec. 10. (a) There is hereby established in the state treasury the problem
gambling grant fund. All moneys credited to such fund shall be used only for the awarding
of grants under this section. Such fund shall be administered in accordance with this section
and the provisions of appropriations acts.

(b) All expenditures from the problem gambling grant fund shall be made in accordance
with appropriation acts upon warrants of the director of accounts and reports issued pursuant
to vouchers approved in the manner prescribed by law.

(c) There is hereby established a state grant program to provide assistance for the direct
treatment of persons diagnosed as suffering from pathological gambling and to provide
funding for research regarding the impact of gambling on residents of Kansas. Research
grants awarded under this section may include, but need not be limited to, grants for
determining the effectiveness of education and prevention efforts on the prevalence of
pathological gambling in Kansas. All grants shall be made after open solicitation of proposals
and evaluation of proposals against criteria established in rules and regulations adopted by
the secretary of the department of social and rehabilitation services. Both public and private
entities shall be eligible to apply for and receive grants under the provisions of this section.

(d) The secretary of the department of social and rehabilitation services is hereby
authorized to receive moneys from any grants, gifts, contributions or bequests made for the
purpose of funding grants under this section and to expend such moneys for the purpose
for which received.

(e) All grants made in accordance with this section shall be made from the problem
gambling grant fund. The secretary shall administer the provisions of this section and shall
adopt rules and regulations establishing criteria for qualification to receive grants and such
other matters deemed necessary by the secretary for the administration of this section. Such
rules and regulations shall include, but need not be limited to, a requirement that each
recipient of a grant to provide treatment for pathological gamblers report at least annually
to the secretary the grantee's measurable achievement of specific outcome goals.

(f) For the purpose of this section ``pathological gambling'' means the disorder by that
name described in the most recent edition of the diagnostic and statistical manual.'';

On page 13, in line 25, by striking all following ``regulations''; in line 26, by striking all
preceding the period; in line 32, by striking all following ``regulations''; in line 33, by striking
all preceding the period; following line 33, by inserting the following:

``(g) The Kansas racing and gaming commission shall require an annual audit of the
electronic gaming machine operations of each lottery gaming machine operator contracting
with the Kansas lottery. Such audit shall be conducted by a licensed accounting firm
approved by the Kansas racing and gaming commission. Such audit shall be conducted at
the expense of the lottery gaming machine operator to which such audit applies.

(h) Following completion of three years from the date upon which electronic gaming
machines begin operation by each lottery gaming machine operator pursuant to contract
with the Kansas lottery, the Kansas racing and gaming commission shall prepare an
economic impact report for the Kansas legislature detailing the costs and benefits of lottery
gaming machine operations. The report shall be filed with the president of the senate and
speaker of the house prior to the first legislative session following completion of the report.
Such report shall include information on the use or distribution of net and gross machine
income received from the electronic gaming machine operations of each lottery gaming
machine operator, including comparable electronic gaming machine operations in states
within as close proximity to Kansas as possible, competitive market analysis, tax benefits,
payroll, capital investment and such other matters that the Kansas racing and gaming
commission may require. The Kansas racing and gaming commission may contract for the
services of such independent professionals as may be required to complete such report.
Expenses for such report shall be paid pursuant to appropriation from the electronic gaming
machine operation and regulatory fund.'';

On page 15, in line 16, by striking ``may require such owners and officers'' and inserting
``shall require such owners, officers and employees''; in line 17, by striking all after the
period; by striking all in lines 18 and 19; in line 20, by striking ``necessary'';

On page 16, in line 15, preceding the semicolon, by inserting ``or has been convicted of
two or more acts of violence in the last five years in a court of competent jurisdiction of a
state, U.S. territory or the United States''; in line 26, by striking ``or''; in line 28, by striking
the period and inserting ``; or

(6) has had any occupation or gaming license revoked, suspended or denied.'';

On page 18, in line 43, by striking ``71-301'' and inserting ``71-301a''; and the bill be
passed as amended.

Also HB 3019 be amended on page 3, in line 20, by striking ``The'' and inserting ``After
receiving and approving the feasibility study required pursuant to section 2, and
amendments thereto, the''; in line 22, after the period, by inserting ``If the project is to be
constructed in stages, a similar feasibility study shall be performed prior to issuing bonds
for the purpose of financing each subsequent stage.'';

On page 4, after line 2, by inserting the following:

``(1) ``Board'' means the board of trustees of Kansas City Kansas community college;

(2) ``increment'' means that amount of ad valorem taxes collected from real property
located within the project that is in excess of the amount which is produced from such
property and attributable to the assessed valuation of such property prior to the date the
resolution authorizing the project was adopted by the board of trustees or the amount of
state and local sales tax revenue imposed pursuant to K.S.A. 12-187 et seq. and 79-3601 et
seq., and amendments thereto, collected from taxpayers doing business within the
boundaries of the proposed project that is in excess of the amount of such taxes collected
prior to the date the resolution authorizing the project was adopted by the board of
trustees;'';

Also on page 4, in line 3, by striking ``(1) ``Project'' ``and inserting ''(3) ``project'' ``;in
line 4, by striking ``and''; in line 5, by striking ``(2)'' and inserting ``(4)''; in line 7, by striking
the period and inserting a ``; and''; following line 7, inserting the following:

``(5) ``taxing subdivision'' shall include the county, the city, the unified school district
and any other taxing subdivision levying real property taxes, the territory or jurisdiction of
which includes the project area.'';

Also on page 4, in line 10, by striking all after ``complex''; by striking lines 11 through 13;
in line 14, by striking all before the period; in line 18, by striking ``and'' and inserting ``, a
detailed description of all of the buildings and facilities that are proposed to be constructed
or improved in the project area, proscribing''; in line 20, by striking ``shall fix'' and inserting
``establishing''; after line 23, by inserting the following:

``(c) If the project area identified by the resolution adopted by the board of directors
requires the acquisition of property outside of the boundaries of the college's campus, the
unified government having jurisdiction over the property shall first approve the acquisition
of the property after holding a public hearing. Prior to holding the public hearing, the unified
government shall adopt a resolution stating that the property is being so acquired. Such
resolution shall: (1) Give notice that a public hearing will be held to consider the purchase
of the property and fix the date, hour and place of such public hearing; (2) describe the
boundaries of the property; (3) describe a proposed project that identifies all of the proposed
area and that identifies in a general manner all of the buildings and facilities that are
proposed to be constructed or improved in the project area; and (4) state that the governing
body will consider approving such purchase.

A copy of the resolution providing for the public hearing shall be delivered to the board
of education of any school district levying taxes on property within the proposed project
area. The resolution shall be published once in the official city newspaper not less than one
week nor more than two weeks preceding the date fixed for the public hearing.'';

By relettering the existing subsections of section 2;

Also on page 4, in line 34, by striking ``20'' and inserting ``30''; by striking all after line
35;

On page 5, by striking all before line 4; in line 4, by striking all after the comma; by
striking lines 5 through 10; in line 11, by striking all before the period and inserting ``the
board shall enter into a contract with the lowest responsible bidder among nationally
recognized consultants for the preparation of a comprehensive feasibility study. The study
shall, at a minimum include:

(1) A determination of whether sufficient revenues may be pledged to pay the debt
service on bonds issued to finance the project;

(2) an estimate of revenues likely to be realized through existing sources of income
which may be pledged to finance such bonds;

(3) an identification of other sources of revenue which might be necessary to be pledged
to finance the bonds;

(4) an identification of future economic trends which may effect the feasibility of the
project;

(5) an identification of opportunity costs created by the project; and

(6) any other considerations which may be relevant to determining the feasibility of the
project.'';

Also on page 5, in line 18, by striking ``authority'' and inserting ``college''; also in line 18,
after ``foundation'', by inserting ``, except for funds derived from student tuition,''; in line
29, by striking all after ``4.''; by striking lines 30 through 36; in line 37, by striking ``(b)'' and
inserting ``(a)''; by relettering the remaining subsections accordingly;

On page 7, in line 2, by striking ``or other project costs''; in line 4, by striking ``authorities''
and inserting ``subdivisions''; and the bill be passed as amended.

On motion of Senator Emert the Senate adjourned until 10:00 a.m., Wednesday, April
26, 2000.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.