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HOUSE BILL No. 2026 (Amended by Chapter 138)

TO     Sec.	TO     Sec.
Aging, department on 14 Bank commissioner, state 2 Barbering, Kansas board of 3 Corrections, department of 17 Cosmetology, Kansas state board of 4 Credit unions, state department of 5 Education, department of 16 Health and environment, department of 13 Highway patrol, Kansas 18 Indigents' defense services, state board of 11	Insurance department 10 Nursing, board of 6 Optometry, board of examiners in 7 Pharmacy, state board of 8 Public employees retirement system, Kansas 12 Retirement system, Kansas public employees 12 Securities commissioner of Kansas, office of the 9 Social and rehabilitation services, department of 15 Transportation, department of 19

An Act making and concerning appropriations for the fiscal years ending June 30, 2003,
      June 30, 2007, June 30, 2008, June 30, 2009, June 30, 2010, for the state bank commis-
      sioner, Kansas board of barbering, Kansas state board of cosmetology, state department
      of credit unions, board of nursing, board of examiners in optometry, state board of
      pharmacy, office of the securities commissioner of Kansas, insurance department, state
      board of indigents' defense services, Kansas public employees retirement system, de-
      partment of health and environment, department on aging, department of social and
      rehabilitation services, department of education, department of corrections, Kansas
      highway patrol, and department of transportation; authorizing certain transfers and cap-
      ital improvement projects, imposing certain restrictions and limitations, and directing
      or authorizing certain receipts and disbursements and acts incidental to the foregoing;
      amending K.S.A. 2002 Supp. 79-2959, 79-2964 and 79-3425i and repealing the existing
      sections.

     

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

 Section 1. (a) For the fiscal years ending June 30, 2003, June 30, 2007,
June 30, 2008, June 30, 2009, June 30, 2010, appropriations are hereby
made, restrictions and limitations are hereby imposed, and transfers, cap-
ital improvement projects, fees, receipts, disbursements and acts inciden-
tal to the foregoing are hereby directed or authorized as provided in this
act.

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

 (c) This act shall not be subject to the provisions of K.S.A. 46-155 and
amendments thereto.

 Sec. 2.

STATE BANK COMMISSIONER  (a) On the effective date of this act, the expenditure limitation estab-
lished for the fiscal year ending on June 30, 2003, by section 12(e)(2) of
chapter 204 of the 2002 Session Laws of Kansas on the bank commis-
sioner fee fund is hereby decreased from $5,708,966 to $5,547,921.

 Sec. 3.

KANSAS BOARD OF BARBERING  (a) On the effective date of this act, the expenditure limitation estab-
lished for the fiscal year ending June 30, 2003, by section 13(b) of chapter
204 of the 2002 Session Laws of Kansas on the board of barbering fee
fund is hereby decreased from $132,390 to $113,266.

 Sec. 4.

KANSAS STATE BOARD OF COSMETOLOGY  (a) On the effective date of this act, the expenditure limitation estab-
lished for the fiscal year ending June 30, 2003, by section 16(b) of chapter
204 of the 2002 Session Laws of Kansas on the cosmetology fee fund is
hereby decreased from $735,704 to $661,161.

 Sec. 5.

STATE DEPARTMENT OF CREDIT UNIONS  (a) On the effective date of this act, the expenditure limitation estab-
lished for the fiscal year ending June 30, 2003, by section 18(a) of chapter
204 of the 2002 Session Laws of Kansas on the credit union fee fund is
hereby decreased from $896,620 to $850,554.

 Sec. 6.

BOARD OF NURSING  (a) On the effective date of this act, the expenditure limitation estab-
lished for the fiscal year ending June 30, 2003, by section 20(b) of chapter
204 of the 2002 Session Laws of Kansas on the board of nursing fee fund
is hereby increased from $1,397,017 to $1,459,832.

 Sec. 7.

BOARD OF EXAMINERS IN OPTOMETRY  (a) On the effective date of this act, the expenditure limitation estab-
lished for the fiscal year ending June 30, 2003, by section 21(a) of chapter
204 of the 2002 Session Laws of Kansas on the optometry fee fund is
hereby increased from $85,305 to $106,777.

 Sec. 8.

STATE BOARD OF PHARMACY  (a) On the effective date of this act, the expenditure limitation estab-
lished for the fiscal year ending June 30, 2003, by section 22(c) of chapter
204 of the 2002 Session Laws of Kansas on the state board of pharmacy
fee fund is hereby increased from $571,321 to $581,497.

 Sec. 9.

OFFICE OF THE SECURITIES COMMISSIONER OF KANSAS  (a) On the effective date of this act, the expenditure limitation estab-
lished for the fiscal year ending June 30, 2003, by section 25(a) of chapter
204 of the 2002 Session Laws of Kansas on the securities act fee fund is
hereby decreased from $2,113,020 to $2,092,824.

 Sec. 10.

INSURANCE DEPARTMENT  (a) (1) On the effective date of this act, notwithstanding the provisions
of K.S.A. 2002 Supp. 44-566a and amendments thereto or any other stat-
ute, the director of accounts and reports shall transfer $4,000,000 from
the workers compensation fund of the insurance department to the state
general fund: Provided, That the amount transferred from the workers
compensation fund of the insurance department to the state general fund
pursuant to this subsection is to reimburse the state general fund for
accounting, auditing, budgeting, legal, payroll, personnel and purchasing
services and any other governmental services which are performed on
behalf of the state agency involved by other state agencies which receive
appropriations from the state general fund to provide such services.

 (2) On or before June 30, 2007, on a date certified by the director of
the budget, the director of accounts and reports shall transfer $1,000,000
from the state general fund to the workers compensation fund of the
insurance department for the purpose of repaying 25% of the amount
transferred to the state general fund pursuant to subsection (a)(1): Pro-
vided, That, at the same time that such certification is made by the di-
rector of the budget to the director of accounts and reports under this
subsection (a)(2), the director of the budget shall deliver a copy of such
certification to the director of the legislative research department.

 (3) On or before June 30, 2008, on a date certified by the director of
the budget, the director of accounts and reports shall transfer $1,000,000
from the state general fund to the workers compensation fund of the
insurance department for the purpose of repaying 25% of the amount
transferred to the state general fund pursuant to subsection (a)(1): Pro-
vided, That, at the same time that such certification is made by the di-
rector of the budget to the director of accounts and reports under this
subsection (a)(3), the director of the budget shall deliver a copy of such
certification to the director of the legislative research department.

 (4) On or before June 30, 2009, on a date certified by the director of
the budget, the director of accounts and reports shall transfer $1,000,000
from the state general fund to the workers compensation fund of the
insurance department for the purpose of repaying 25% of the amount
transferred to the state general fund pursuant to subsection (a)(1): Pro-
vided, That, at the same time that such certification is made by the di-
rector of the budget to the director of accounts and reports under this
subsection (a)(4), the director of the budget shall deliver a copy of such
certification to the director of the legislative research department.

 (5) On or before June 30, 2010, on a date certified by the director of
the budget, the director of accounts and reports shall transfer $1,000,000
from the state general fund to the workers compensation fund of the
insurance department for the purpose of repaying 25% of the amount
transferred to the state general fund pursuant to subsection (a)(1): Pro-
vided, That, at the same time that such certification is made by the di-
rector of the budget to the director of accounts and reports under this
subsection (a)(5), the director of the budget shall deliver a copy of such
certification to the director of the legislative research department.

 Sec. 11.

STATE BOARD OF INDIGENTS' DEFENSE SERVICES  (a) There is appropriated for the above agency from the state general
fund for the fiscal year ending June 30, 2003, the following:

Operating expenditures	$702,934
Capital defense operations	$550,000

 Sec. 12.

KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM  (a) On the effective date of this act, the director of accounts and reports
shall transfer any unencumbered balance in the senior services trust fund
of the Kansas public employees retirement system to the state general
fund.

 (b) On or before June 30, 2003, on a date certified by the director of
the budget, notwithstanding the provisions of K.S.A. 38-2101 and amend-
ments thereto or any other statute, the director of accounts and reports
shall transfer any unencumbered balance in the Kansas endowment for
youth fund of the Kansas public employees retirement system to the state
general fund: Provided, That, at the same time that such certification is
made by the director of the budget to the director of accounts and reports
under this subsection, the director of the budget shall deliver a copy of
such certification to the director of the legislative research department.

 (c) On the effective date of this act, the amount in each account of the
state general fund of each state agency that is appropriated for the fiscal
year ending June 30, 2003, by chapter 204 or 205 of the 2002 Session
Laws of Kansas or by this or other appropriation act of the 2003 regular
session of the legislature and that is budgeted for payment of the cost of
the plan of death and long-term disability benefits under K.S.A. 74-4927
and amendments thereto, as certified by the director of the budget to the
director of accounts and reports, for the period commencing on April 1,
2003, and ending on June 30, 2003, is hereby lapsed: Provided, That, at
the same time that each certification is made by the director of the budget
to the director of accounts and reports under this subsection, the director
of the budget shall deliver a copy of such certification to the director of
the legislative research department.

 (d) (1) On the effective date of this act, notwithstanding the provisions
of any other statute, the director of accounts and reports shall transfer
the amount in each account of each special revenue fund of each state
agency that is appropriated for the fiscal year ending June 30, 2003, by
chapter 204 or 205 of the 2002 Session Laws of Kansas or by this or other
appropriation act of the 2003 regular session of the legislature and that
is budgeted for payment of the cost of the plan of death and long-term
disability benefits under K.S.A. 74-4927 and amendments thereto, as cer-
tified by the director of the budget to the director of accounts and reports,
for the period commencing on April 1, 2003, and ending on June 30,
2003, from such special revenue fund, or account thereof, to the state
general fund: Provided, That the aggregate amount transferred from all
such special revenue funds and accounts to the state general fund during
fiscal year 2003 pursuant to this subsection shall not exceed $858,000:
Provided further, That, at the same time that each certification is made
by the director of the budget to the director of accounts and reports under
this subsection, the director of the budget shall deliver a copy of such
certification to the director of the legislative research department: And
provided further, That the amount transferred from each such special
revenue fund or account to the state general fund pursuant to this sub-
section is to reimburse the state general fund for accounting, auditing,
budgeting, legal, payroll, personnel and purchasing services and any other
governmental services which are performed on behalf of the state agency
involved by other state agencies which receive appropriations from the
state general fund to provide such services.

 (2) On or before June 30, 2007, on a date certified by the director of
the budget, the director of accounts and reports shall transfer from the
state general fund the amount equal to 25% of the amount transferred
from each special revenue fund pursuant to subsection (d)(1) to such
special revenue fund for the purpose of repaying 25% of the amount
transferred to the state general fund from such special revenue fund pur-
suant to subsection (d)(1): Provided, That the aggregate of the amounts
transferred pursuant to this subsection (d)(2) to such special revenue
funds shall not exceed $214,500: Provided further, That, at the same time
that such certification is made by the director of the budget to the director
of accounts and reports under this subsection (d)(2), the director of the
budget shall deliver a copy of such certification to the director of the
legislative research department.

 (3) On or before June 30, 2008, on a date certified by the director of
the budget, the director of accounts and reports shall transfer from the
state general fund the amount equal to 25% of the amount transferred
from each special revenue fund pursuant to subsection (d)(1) to such
special revenue fund for the purpose of repaying 25% of the amount
transferred to the state general fund from such special revenue fund pur-
suant to subsection (d)(1): Provided, That the aggregate of the amounts
transferred pursuant to this subsection (d)(3) to such special revenue
funds shall not exceed $214,500: Provided further, That, at the same time
that such certification is made by the director of the budget to the director
of accounts and reports under this subsection (d)(3), the director of the
budget shall deliver a copy of such certification to the director of the
legislative research department.

 (4) On or before June 30, 2009, on a date certified by the director of
the budget, the director of accounts and reports shall transfer from the
state general fund the amount equal to 25% of the amount transferred
from each special revenue fund pursuant to subsection (d)(1) to such
special revenue fund for the purpose of repaying 25% of the amount
transferred to the state general fund from such special revenue fund pur-
suant to subsection (d)(1): Provided, That the aggregate of the amounts
transferred pursuant to this subsection (d)(4) to such special revenue
funds shall not exceed $214,500: Provided further, That, at the same time
that such certification is made by the director of the budget to the director
of accounts and reports under this subsection (d)(4), the director of the
budget shall deliver a copy of such certification to the director of the
legislative research department.

 (5) On or before June 30, 2010, on a date certified by the director of
the budget, the director of accounts and reports shall transfer from the
state general fund the amount equal to 25% of the amount transferred
from each special revenue fund pursuant to subsection (d)(1) to such
special revenue fund for the purpose of repaying 25% of the amount
transferred to the state general fund from such special revenue fund pur-
suant to subsection (d)(1): Provided, That the aggregate of the amounts
transferred pursuant to this subsection (d)(5) to such special revenue
funds shall not exceed $214,500: Provided further, That, at the same time
that such certification is made by the director of the budget to the director
of accounts and reports under this subsection (d)(5), the director of the
budget shall deliver a copy of such certification to the director of the
legislative research department.

 (e) Notwithstanding the provisions of K.S.A. 74-4927 and 74-4927f, and
amendments thereto, no participating employer under the Kansas public
employees retirement system shall pay any amount to the system for the
cost of the plan and death and long-term disability benefits under K.S.A.
74-4927 and amendments thereto for the period commencing on April
1, 2003, through June 30, 2003.

 Sec. 13.

DEPARTMENT OF HEALTH AND ENVIRONMENT  (a) (1) On the effective date of this act, notwithstanding the provisions
of K.S.A. 65-3424g and amendments thereto or any other statute, the
director of accounts and reports shall transfer $1,000,000 from the waste
tire management fund of the department of health and environment to
the state general fund: Provided, That the amount transferred from the
waste tire management fund of the department of health and environ-
ment to the state general fund pursuant to this subsection is to reimburse
the state general fund for accounting, auditing, budgeting, legal, payroll,
personnel and purchasing services and any other governmental services
which are performed on behalf of the state agency involved by other state
agencies which receive appropriations from the state general fund to pro-
vide such services.

 (2) On or before June 30, 2007, on a date certified by the director of
the budget, the director of accounts and reports shall transfer $250,000
from the state general fund to the waste tire management fund of the
department of health and environment for the purpose of repaying 25%
of the amount transferred to the state general fund pursuant to section
(a)(1): Provided, That, at the same time that such certification is made
by the director of the budget to the director of accounts and reports under
this subsection (a)(2), the director of the budget shall deliver a copy of
such certification to the director of the legislative research department.

 (3) On or before June 30, 2008, on a date certified by the director of
the budget, the director of accounts and reports shall transfer $250,000
from the state general fund to the waste tire management fund of the
department of health and environment for the purpose of repaying 25%
of the amount transferred to the state general fund pursuant to section
(a)(1): Provided, That, at the same time that such certification is made
by the director of the budget to the director of accounts and reports under
this subsection (a)(3), the director of the budget shall deliver a copy of
such certification to the director of the legislative research department.

 (4) On or before June 30, 2009, on a date certified by the director of
the budget, the director of accounts and reports shall transfer $250,000
from the state general fund to the waste tire management fund of the
department of health and environment for the purpose of repaying 25%
of the amount transferred to the state general fund pursuant to section
(a)(1): Provided, That, at the same time that such certification is made
by the director of the budget to the director of accounts and reports under
this subsection (a)(4), the director of the budget shall deliver a copy of
such certification to the director of the legislative research department.

 (5) On or before June 30, 2010, on a date certified by the director of
the budget, the director of accounts and reports shall transfer $250,000
from the state general fund to the waste tire management fund of the
department of health and environment for the purpose of repaying 25%
of the amount transferred to the state general fund pursuant to section
(a)(1): Provided, That, at the same time that such certification is made
by the director of the budget to the director of accounts and reports under
this subsection (a)(5), the director of the budget shall deliver a copy of
such certification to the director of the legislative research department.

 (b) (1) On the effective date of this act, notwithstanding the provisions
of K.S.A. 65-34,114 and amendments thereto or any other statute, the
director of accounts and reports shall transfer $10,000,000 from the un-
derground petroleum storage tank release trust fund of the department
of health and environment to the state general fund: Provided, That the
amount transferred from the underground petroleum storage tank release
trust fund of the department of health and environment to the state gen-
eral fund pursuant to this subsection is to reimburse the state general
fund for accounting, auditing, budgeting, legal, payroll, personnel and
purchasing services and any other governmental services which are per-
formed on behalf of the state agency involved by other state agencies
which receive appropriations from the state general fund to provide such
services.

 (2) On or before June 30, 2007, on a date certified by the director of
the budget, the director of accounts and reports shall transfer $2,500,000
from the state general fund to the underground petroleum storage tank
release trust fund for the purpose of repaying 25% of the amount trans-
ferred to the state general fund pursuant to subsection (b)(1): Provided,
That, at the same time that such certification is made by the director of
the budget to the director of accounts and reports under this subsection
(b)(2), the director of the budget shall deliver a copy of such certification
to the director of the legislative research department: Provided further,
That the transfer prescribed by this subsection (b)(2) from the state gen-
eral fund to the underground petroleum storage tank release trust fund
during the fiscal year ending June 30, 2007, shall be considered to be a
demand transfer from the state general fund.

 (3) On or before June 30, 2008, on a date certified by the director of
the budget, the director of accounts and reports shall transfer $2,500,000
from the state general fund to the underground petroleum storage tank
release trust fund for the purpose of repaying 25% of the amount trans-
ferred to the state general fund pursuant to subsection (b)(1): Provided,
That, at the same time that such certification is made by the director of
the budget to the director of accounts and reports under this subsection
(b)(3), the director of the budget shall deliver a copy of such certification
to the director of the legislative research department: Provided further,
That the transfer prescribed by this subsection (b)(3) from the state gen-
eral fund to the underground petroleum storage tank release trust fund
during the fiscal year ending June 30, 2008, shall be considered to be a
demand transfer from the state general fund.

 (4) On or before June 30, 2009, on a date certified by the director of
the budget, the director of accounts and reports shall transfer $2,500,000
from the state general fund to the underground petroleum storage tank
release trust fund for the purpose of repaying 25% of the amount trans-
ferred to the state general fund pursuant to subsection (b)(1): Provided,
That, at the same time that such certification is made by the director of
the budget to the director of accounts and reports under this subsection
(b)(4), the director of the budget shall deliver a copy of such certification
to the director of the legislative research department: Provided further,
That the transfers prescribed by this subsection (b)(4) from the state
general fund to the underground petroleum storage tank release trust
fund during the fiscal year ending June 30, 2009, shall be considered to
be a demand transfer from the state general fund.

 (5) On or before June 30, 2010, on a date certified by the director of
the budget, the director of accounts and reports shall transfer $2,500,000
from the state general fund to the underground petroleum storage tank
release trust fund for the purpose of repaying 25% of the amount trans-
ferred to the state general fund pursuant to subsection (b)(1): Provided,
That, at the same time that such certification is made by the director of
the budget to the director of accounts and reports under this subsection
(b)(5), the director of the budget shall deliver a copy of such certification
to the director of the legislative research department: Provided further,
That the transfers prescribed by this subsection (b)(5) from the state
general fund to the underground petroleum storage tank release trust
fund during the fiscal year ending June 30, 2010, shall be considered to
be a demand transfer from the state general fund.

 Sec. 14.

DEPARTMENT ON AGING  (a) There is appropriated for the above agency from the following spe-
cial revenue fund or funds for the fiscal year ending June 30, 2003, 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:

Senior citizen nutrition check-off fund	No limit
Other federal grants and assistance fund	No limit

 (b) On the effective date of this act, the director of accounts and reports
shall transfer $170,838 from the aging--IGT fund of the department on
aging to the state medicaid match fund--department on aging of the
department on aging.

 (c) On the effective date of this act, the director of accounts and reports
shall transfer $3,618,418 from the long-term care loan and grant fund of
the department on aging to the state medicaid match fund--department
on aging of the department on aging.

 (d) On the effective date of this act, the director of accounts and reports
shall transfer $7,416,587 from the long-term care loan and grant fund of
the department on aging to the state general fund.

 Sec. 15.

DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES  (a) There is appropriated for the above agency from the state general
fund for the fiscal year ending June 30, 2003, the following:

State operations	$4,226,514
Other medical assistance	$19,602,092
Cash assistance	$323,920
Vocational rehabilitation aid and assistance	$332

 (b) On the effective date of this act, of the $3,535,388 appropriated for
the above agency for the fiscal year ending June 30, 2003, by section 95(a)
of chapter 204 of the 2002 Session Laws of Kansas from the state general
fund in the alcohol and drug abuse services grants account, the sum of
$151,620 is hereby lapsed.

 (c) On the effective date of this act, of the $89,151,475 appropriated
for the above agency for the fiscal year ending June 30, 2003, by section
95(a) of chapter 204 of the 2002 Session Laws of Kansas from the state
general fund in the mental health and retardation services aid and assis-
tance account, the sum of $6,499,804 is hereby lapsed.

 (d) On the effective date of this act, of the $70,738,364 appropriated
for the above agency for the fiscal year ending June 30, 2003, by section
95(a) of chapter 204 of the 2002 Session Laws of Kansas from the state
general fund in the youth services aid and assistance account, the sum of
$7,656,554 is hereby lapsed.

 (e) On the effective date of this act, of the $12,785,911 appropriated
for the above agency for the fiscal year ending June 30, 2003, by section
95(a) of chapter 204 of the 2002 Session Laws of Kansas from the state
general fund in the children's health insurance account, the sum of
$838,655 is hereby lapsed.

 (f) On the effective date of this act, of the $20,217,984 appropriated
for the above agency for the fiscal year ending June 30, 2003, by section
95(a) of chapter 204 of the 2002 Session Laws of Kansas from the state
general fund in the community based services account, the sum of
$1,819,038 is hereby lapsed.

 (g) On the effective date of this act, the expenditure limitation estab-
lished by section 95(b) of chapter 204 of the 2002 Session Laws of Kansas
on the Title XIX fund is hereby increased from $50,538,731 to
$51,068,483.

 (h) On the effective date of this act, the director of accounts and reports
shall transfer $1,033,222 from the SRS--IGT fund of the department of
social and rehabilitation services to the state medicaid match fund--SRS
of the department of social and rehabilitation services.

 (i) On the effective date of this act, the director of accounts and reports
shall transfer $691,037 from the long-term care loan and grant fund of
the department on aging to the state medicaid match fund--SRS of the
department of social and rehabilitation services.

 (j) On the effective date of this act, the expenditure limitation estab-
lished by section 95(b) of chapter 204 of the 2002 Session Laws of Kansas
on the SRS--IGT fund is hereby increased from $62,529,094 to
$66,529,094.

 (k) On the effective date of this act, the expenditure limitation estab-
lished by section 95(b) of chapter 204 of the 2002 Session Laws of Kansas
on the social services block grant--federal fund is hereby increased from
$22,928,100 to $25,272,872.

 (l) On the effective date of this act, the expenditure limitation estab-
lished by section 95(b) of chapter 204 of the 2002 Session Laws of Kansas
on the mental health block grant federal fund is hereby increased from
$3,389,293 to $3,427,726.

 Sec. 16.

DEPARTMENT OF EDUCATION  (a) There is appropriated for the above agency from the state general
fund for the fiscal year ending June 30, 2003, the following:

General state aid	$4,637,027
Supplemental general state aid	$21,999,043

 Sec. 17.

DEPARTMENT OF CORRECTIONS  (a) There is appropriated for the above agency from the state general
fund for the fiscal year ending June 30, 2003, the following:

Treatment and programs	$2,692,595
Facilities operations	$1,305,259

 Sec. 18.

KANSAS HIGHWAY PATROL  (a) There is appropriated for the above agency from the following spe-
cial revenue fund or funds for the fiscal year ending June 30, 2003, 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 highway patrol operations fund

$13,111,912

 Sec. 19.

DEPARTMENT OF TRANSPORTATION  (a) The director of accounts and reports shall not make the transfer of
$94,608,648 from the state general fund to the state highway fund, which
was directed to be made on or before June 30, 2003, by section 40(b) of
chapter 205 of the 2002 Session Laws of Kansas.

 (b) (1) On or before June 30, 2007, on a date certified by the director
of the budget, the director of accounts and reports shall transfer
$23,652,162 from the state general fund to the state highway fund for the
purpose of repaying 25% of the amount transferred to the state general
fund pursuant to section 40(a) of chapter 205 of the 2002 Session Laws
of Kansas: Provided, That, at the same time that such certification is made
by the director of the budget to the director of accounts and reports under
this subsection (b)(1), the director of the budget shall deliver a copy of
such certification to the director of the legislative research department.

 (2) On or before June 30, 2008, on a date certified by the director of
the budget, the director of accounts and reports shall transfer $23,652,162
from the state general fund to the state highway fund for the purpose of
repaying 25% of the amount transferred to the state general fund pur-
suant to section 40(a) of chapter 205 of the 2002 Session Laws of Kansas:
Provided, That, at the same time that such certification is made by the
director of the budget to the director of accounts and reports under this
subsection (b)(2), the director of the budget shall deliver a copy of such
certification to the director of the legislative research department.

 (3) On or before June 30, 2009, on a date certified by the director of
the budget, the director of accounts and reports shall transfer $23,652,162
from the state general fund to the state highway fund for the purpose of
repaying 25% of the amount transferred to the state general fund pur-
suant to section 40(a) of chapter 205 of the 2002 Session Laws of Kansas:
Provided, That, at the same time that such certification is made by the
director of the budget to the director of accounts and reports under this
subsection (b)(3), the director of the budget shall deliver a copy of such
certification to the director of the legislative research department.

 (4) On or before June 30, 2010, on a date certified by the director of
the budget, the director of accounts and reports shall transfer $23,652,162
from the state general fund to the state highway fund for the purpose of
repaying 25% of the amount transferred to the state general fund pur-
suant to section 40(a) of chapter 205 of the 2002 Session Laws of Kansas:
Provided, That, at the same time that such certification is made by the
director of the budget to the director of accounts and reports under this
subsection (b)(4), the director of the budget shall deliver a copy of such
certification to the director of the legislative research department.

 Sec. 20. (a) On or after the effective date of this act, during the fiscal
year ending June 30, 2003, the director of accounts and reports shall not
make any transfer directed to be made by either subsection (f)(2) of
K.S.A. 2002 Supp. 75-4265 and amendments thereto or by section 56 of
chapter 204 of the 2002 Session Laws of Kansas from the intergovern-
mental transfer fund of the department on aging to the senior services
trust fund established by K.S.A. 2002 Supp. 75-4266 and amendments
thereto.

 (b) On or after the effective date of this act, during the fiscal year
ending June 30, 2003, the director of accounts and reports shall not make
any transfer directed to be made by either subsection (f)(2) of K.S.A.
2002 Supp. 75-4265 and amendments thereto or by section 56 of chapter
204 of the 2002 Session Laws of Kansas from the intergovernmental trans-
fer fund of the department on aging to the long-term care loan and grant
fund of the department on aging established by K.S.A. 2002 Supp. 75-
4265 and amendments thereto.

 (c) On or after the effective date of this act, during the fiscal year ending
June 30, 2003, the director of accounts and reports shall not make any
transfer directed to be made by either subsection (f)(2) of K.S.A. 2002
Supp. 75-4265 and amendments thereto or by section 56 of chapter 204
of the 2002 Session Laws of Kansas from the intergovernmental transfer
fund of the department on aging to the state medicaid match fund--
department on aging established by K.S.A. 2002 Supp. 75-4265 and
amendments thereto.

 (d) On or after the effective date of this act, during the fiscal year
ending June 30, 2003, the director of accounts and reports shall not make
any transfer directed to be made by either subsection (f)(2) of K.S.A.
2002 Supp. 75-4265 and amendments thereto or by section 56 of chapter
204 of the 2002 Session Laws of Kansas from the intergovernmental trans-
fer fund of the department on aging to the state medicaid match fund--
SRS established by K.S.A. 2002 Supp. 75-4265 and amendments thereto.

 (e) On or after the effective date of this act, during the fiscal year
ending June 30, 2003, the director of accounts and reports shall not make
any transfer directed to be made by either subsection (f)(2) of K.S.A.
2002 Supp. 75-4265 and amendments thereto or by section 56 of chapter
204 of the 2002 Session Laws of Kansas from the intergovernmental trans-
fer fund of the department on aging to the aging--IGT fund of the de-
partment on aging.

 (f) Commencing on the effective date of this act, or as soon as moneys
are available therefor, during the fiscal year ending June 30, 2003, the
director of accounts and reports shall transfer to the SRS--IGT fund of
the department of social and rehabilitation services, on the dates when
the following transfers would have been made under the statutes speci-
fied, the following: (1) All amounts of money that would have been di-
rected by subsection (f)(2) of K.S.A. 2002 Supp. 75-4265 and amend-
ments thereto or by section 56(b) of chapter 204 of the 2002 Session
Laws of Kansas to be transferred from the intergovernmental transfer
fund of the department on aging to the senior services trust fund, the
long-term care loan and grant fund, the state medicaid match fund--
department on aging, and the state medicaid match fund--SRS; and (2)
all amounts of money that would have been directed by section 56(b) of
chapter 204 of the 2002 Session Laws of Kansas to be transferred from
the intergovernmental transfer fund of the department on aging to the
aging--IGT fund of the department on aging.

 Sec. 21. On the effective date of this act, K.S.A. 2002 Supp. 79-2959
is hereby amended to read as follows: 79-2959. (a) There is hereby created
the local ad valorem tax reduction fund. All moneys transferred or cred-
ited to such fund under the provisions of this act or any other law shall
be apportioned and distributed in the manner provided herein.

 (b) On January 15 and on July 15 of each year, the director of accounts
and reports shall make transfers in equal amounts which in the aggregate
equal 4.5% 3.63% of the total retail sales and compensating taxes credited
to the state general fund pursuant to articles 36 and 37 of chapter 79 of
Kansas Statutes Annotated and acts amendatory thereof and supplemen-
tal thereto during the preceding calendar year from the state general fund
to the local ad valorem tax reduction fund, except that: (1) The transfers
on January 15 and July 15 of each year shall be in equal amounts which
in the aggregate equal 3.630% of such taxes credited to the state general
fund during the preceding calendar year; and (2) the amount of the trans-
fer on each such date during state fiscal year 2003 shall be $26,246,722 
no moneys shall be transferred from the state general fund to the local ad
valorem tax reduction fund on or after November 26, 2002, during state
fiscal year 2003. All such transfers are subject to reduction under K.S.A.
75-6704 and amendments thereto. All transfers made in accordance with
the provisions of this section shall be considered to be demand transfers
from the state general fund, except that all such transfers during the fiscal
year ending June 30, 2003, shall be considered revenue transfers from
the state general fund.

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

 Sec. 22. On the effective date of this act, K.S.A. 2002 Supp. 79-2964
is hereby amended to read as follows: 79-2964. There is hereby created
the county and city revenue sharing fund. All moneys transferred or cred-
ited to such fund under the provisions of this act or any other law shall
be allocated and distributed in the manner provided herein. The director
of accounts and reports in each year on July 15 and December 10, shall
make transfers in equal amounts which in the aggregate equal 3.5%
2.823% of the total retail sales and compensating taxes credited to the
state general fund pursuant to articles 36 and 37 of chapter 79 of the
Kansas Statutes Annotated and acts amendatory thereof and supplemen-
tal thereto during the preceding calendar year from the state general fund
to the county and city revenue sharing fund, except that: (a) The transfers
on July 15 and December 10 of each year shall be in equal amounts which
in the aggregate equal 2.823% of such taxes credited to the state general
fund during the preceding calendar year; and (b) the amount of the trans-
fer on each such date during state fiscal year 2003 shall be $16,740,646
no moneys shall be transferred from the state general fund to the county
and city revenue sharing fund on or after November 26, 2002, during
state fiscal year 2003. All such transfers are subject to reduction under
K.S.A. 75-6704 and amendments thereto. All transfers made in accord-
ance with the provisions of this section shall be considered to be demand
transfers from the state general fund, except that all such transfers during
the fiscal year ending June 30, 2003, shall be considered revenue transfers
from the state general fund.

 Sec. 23. On the effective date of this act, K.S.A. 2002 Supp. 79-3425i
is hereby amended to read as follows: 79-3425i. On January 15 and July
15 of each year, the director of accounts and reports shall transfer a sum
equal to the total taxes collected under the provisions of K.S.A. 79-6a04
and 79-6a10, and amendments thereto, and credited to the state general
fund during the six months next preceding the date of transfer, from the
state general fund to the special city and county highway fund, created
by K.S.A. 79-3425, and amendments thereto, except that: (1) Such trans-
fers are subject to reduction under K.S.A. 75-6704, and amendments
thereto; and (2) the amount of the transfer on each such date during state
fiscal year 2003 shall not exceed $5,031,822 no moneys shall be trans-
ferred from the state general fund to the special city and county highway
fund on or after November 26, 2002, during state fiscal year 2003. All
transfers under this section shall be considered to be demand transfers
from the state general fund, except that all such transfers during the fiscal
year ending June 30, 2003, shall be considered revenue transfers from
the state general fund.

 Sec. 24. Appeals to exceed position limitations. (a) The limitations im-
posed by this act on the number of full-time and regular part-time posi-
tions equated to full-time, excluding seasonal and temporary positions,
paid from appropriations for the fiscal year ending June 30, 2003, made
in this act or in any appropriation act of the 2002 regular session of the
legislature or in any other appropriation act of the 2003 regular session
of the legislature may be exceeded upon approval of the state finance
council.

 Sec. 25. Appeals to exceed limitations. Upon written application to the
governor and approval of the state finance council, expenditures from
special revenue funds may exceed the amounts specified in this act.

 Sec. 26. On the effective date of this act, K.S.A. 2002 Supp. 79-2959,
79-2964 and 79-3425i are hereby repealed.

 Sec. 27. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved February 27, 2003.
 Published in the Kansas Register March 6, 2003.
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