Session Law

Identifying Information:L. 2003 ch. 003
Other Identifying Information:2003 House Bill 2026
Tax Type:Other
Brief Description: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.
Keywords:


Body:

CHAPTER 3

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 fundNo limit
Other federal grants and assistance fundNo 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, 2002.

Published in the Kansas Register March 6, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003