Session Law

Identifying Information:L. 2002 ch. 205
Other Identifying Information:2002 House Substitute for Senate Bill 363
Tax Type:Other
Brief Description:An Act making and concerning appropriations for the fiscal years ending June 30, 2002, June 30, 2003 and June 30, 2004; authorizing certain transfers and fees, imposing certain restrictions and limitations and directing or authorizing certain receipts, disbursements, capital improvements and acts incidental to the foregoing.
Keywords:


Body:


CHAPTER 205

HOUSE Substitute for SENATE BILL No. 363

TO Sec.TO Sec.
Adjutant general 10, 35

Administration, department of 3

Aging, department on 5

Agriculture, Kansas department of 13

Attorney General 2

Attorney General--Kansas bureau of

investigation 21, 36

Conservation commission, state 24

Corrections, department of 8

Education, department of 7

Emporia state university 19

Fire marshal, state 37

Fort Hays state university 9

Health and environment, department of 22

Highway patrol, Kansas 11

Historical society, state 39

Human resources, department of 17

Indigents' defense services, state board of 33

Insurance department 32

Juvenile justice authority 25

Lottery, Kansas 15

Pharmacy, state board of 23

Pittsburg state university 30

Regents, state board of 20

Revenue, department of 18

Social and rehabilitation services, department of 6, 34

University of Kansas 31

Veterans affairs, Kansas commission on 4

Wildlife and parks, department of 14

An Act making and concerning appropriations for the fiscal years ending June 30, 2002,

June 30, 2003 and June 30, 2004; authorizing certain transfers and fees, imposing certain

restrictions and limitations and directing or authorizing certain receipts, disbursements,


capital improvements and acts incidental to the foregoing.


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

Section 1. (a) For the fiscal years ending June 30, 2002, June 30, 2003,

and June 30, 2004, appropriations are hereby made, restrictions and lim-

itations are hereby imposed, and transfers, fees, receipts, disbursements

and acts incidental to the foregoing are hereby directed or authorized as

provided in this act.

(b) The agencies named in this act are hereby authorized to initiate

and complete the capital improvement projects specified and authorized

by this act or for which appropriations are made by this act, subject to

the restrictions and limitations imposed by this act.

(c) This act shall be known and may be cited as the omnibus appro-

priation act of 2002 and shall constitute the omnibus reconciliation spend-

ing limit bill for the 2002 regular session of the legislature for purposes

of subsection (a) of K.S.A. 75-6702 and amendments thereto.

(d) The appropriations made by this act shall not be subject to the

provisions of K.S.A. 46- 155 and amendments thereto.

Sec. 2.


ATTORNEY GENERAL

(a) There is appropriated for the above agency from the state general

fund for the fiscal year or years specified, the following:

Additional operating expenditures for investigation and litigation regard-

ing interstate water rights

For the fiscal year ending June 30, 2003$505,776
Provided, That any unencumbered balance in excess of $100 as of June

30, 2002, in the additional operating expenditures for investigation and

litigation regarding interstate water rights account is hereby reappro-

priated for fiscal year 2003.

[(+)]

Sec. 3.


DEPARTMENT OF ADMINISTRATION

(a) There is appropriated for the above agency from the state economic

development initiatives fund for the fiscal year or years specified the fol-

lowing:

Public broadcasting council capital equipment

For the fiscal year ending June 30, 2003$114,099

(b) There is appropriated for the above agency from the state general

fund for the fiscal year or years specified, the following:

Facilities management

For the fiscal year ending June 30, 2003$300,000

(c) On July 1, 2002, the position limitation established for the fiscal

year ending June 30, 2003, by section 131(a) of 2002 Senate Bill No. 517

for the department of administration is hereby increased from 881.2 to

882.2.

Sec. 4.


KANSAS COMMISSION ON VETERANS AFFAIRS

(a) There is appropriated for the above agency from the state general

fund for the fiscal year or years specified, the following:

Operating expenditures--Kansas soldiers' home

For the fiscal year ending June 30, 2003$220,422
[(+)]

Operations--state veterans cemeteries

For the fiscal year ending June 30, 2003$45,597

(b) On July 1, 2002, the position limitation established for the fiscal

year ending June 30, 2003, by section 131(a) of 2002 Senate Bill No. 517

for the Kansas commission on veterans affairs is hereby increased from

555.3 to 558.3.

Sec. 5.


DEPARTMENT ON AGING

[(+)]

[(+)]

(c) In addition to the other purposes for which expenditures may be

made by the department on aging from moneys appropriated from the

state general fund or any special revenue fund for fiscal year 2003 for the

department on aging as authorized by this or other appropriation act of

the 2002 regular session of the legislature, expenditures shall be made by

the secretary of aging for fiscal year 2003 for utilization of the final nursing

facility reimbursement methodology as published in the Kansas Register:

Provided, That the secretary of aging shall institute trending methods to

provide inflationary increases to nursing facilities until implementation of

the published rules and regulations is complete: Provided further, That

the secretary of aging shall delay the implementation of the published

nursing facility reimbursement methodology for six months but for not

more than 12 months from July 1, 2002: And provided further, That the

secretary of aging shall present a report to the committee on ways and

means of the senate and the committee on appropriations of the house

of representatives during the 2003 regular session of the legislature on

cost containment alternatives for nursing facility reimbursements for con-

sideration prior to publication of the proposed reimbursement rules and

regulations for the fiscal year ending June 30, 2004.

Sec. 6.


DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES

(a) There is appropriated for the above agency from the state general

fund for the fiscal year or years specified, the following:

[(+)]

Parsons state hospital and training center--operating expenditures

For the fiscal year ending June 30, 2003$2,237
Larned state hospital--operating expenditures

For the fiscal year ending June 30, 2003$149,057

(b) On the effective date of this act, of the $9,398,466 appropriated for

the above agency for the fiscal year ending June 30, 2002, by section

130(a) of chapter 144 of the 2001 Session Laws of Kansas from the state

general fund in the Kansas neurological institute--operating expenditures

account, the sum of $1,320 is hereby lapsed.

(c) On the effective date of this act, of the $9,716,548 appropriated for

the above agency for the fiscal year ending June 30, 2002, by section

130(a) of chapter 144 of the 2001 Session Laws of Kansas from the state

general fund in the Larned state hospital--operating expenditures ac-

count, the sum of $6,657 is hereby lapsed.

(d) On July 1, 2002, of the $9,787,828 appropriated for the above

agency for the fiscal year ending June 30, 2003, by section 95(a) of 2002

Senate Bill No. 517 from the state general fund in the Kansas neurological

institute--operating expenditures account, the sum of $49 is hereby

lapsed.

(e) In addition to the other purposes for which expenditures may be

made by the department of social and rehabilitation services from moneys

appropriated from the Larned state hospital fee fund for fiscal year 2003

for the department of social and rehabilitation services as authorized by

this or other appropriation act of the 2002 regular session of the legisla-

ture, expenditures shall be made by the secretary of social and rehabili-

tation services for fiscal year 2003 for payment for services provided by

central Kansas medical center at the medicaid rate: Provided, That all

expenditures from the Larned state hospital fee fund for fiscal year 2003

for payment of services provided by central Kansas medical center at the

medicaid rate shall be in addition to any expenditure limitation imposed

on the Larned state hospital fee fund for fiscal year 2003.

(f) In addition to the other purposes for which expenditures may be

made by the department of social and rehabilitation services from moneys

appropriated from the state general fund or any special revenue fund for

fiscal year 2003 for the department of social and rehabilitation services

as authorized by this or other appropriation act of the 2002 regular session

of the legislature, expenditures shall be made by the secretary of social

and rehabilitation services for fiscal year 2003 to fix, charge and collect

fees from parents for services provided to their children by an institution

or program of the department of social and rehabilitation services: Pro-

vided, That, in accordance with the provisions of federal law, the secretary

of social and rehabilitation services shall not deny services to children

under the home and community based services programs or the family

preservation program based on the failure of any parent to pay such fees:

Provided further, That such fees shall be fixed by adoption of a sliding

fee scale established by the secretary of social and rehabilitation services

based on recommendations made by a working group including employ-

ees of the department, representatives of stakeholder organizations and

family members and such fees shall take into consideration the parents'

income and ability to pay, shall be reasonable and shall be fixed in order

to recover all or part of the expenses incurred in providing such services:

And provided further, That such fees shall be waived in cases of demon-

strable hardship and for families at or below 200% of the federal poverty

level who are receiving home and community based services or family

preservation services: And provided further, That the secretary of social

and rehabilitation services shall prepare and deliver a letter to the parents

of every child who is receiving such services to express the need for pay-

ment of such fees to be made to the extent of their financial ability to do

so: And provided further, That all moneys received by the department of

social and rehabilitation services for such fees shall be deposited in the

state treasury to the credit of the social welfare fund: And provided fur-

ther, That, at the beginning of the 2003 regular session of the legislature,

the secretary of social and rehabilitation services shall submit a report to

the committee on appropriations of the house of representatives, the

committee on ways and means of the senate and to other appropriate

standing and joint committees of the legislature on the status and the

results of the fees collection program.

(g) On the effective date of this act, of the $126,208,957 appropriated

for the above agency for the fiscal year ending June 30, 2002, by section

130(a) of chapter 144 of the 2001 Session Laws of Kansas from the state

general fund in the mental health and retardation services aid and assis-

tance account, the sum of $36,065,128 is hereby lapsed.

(h) On the effective date of this act, of the $36,834,437 appropriated

for the above agency for the fiscal year ending June 30, 2002, by section

130(a) of chapter 144 of the 2001 Session Laws of Kansas from the state

general fund in the community based services account, the sum of

$11,345,072 is hereby lapsed.

(i) On the effective date of this act, the director of accounts and reports

shall transfer $47,410,200 from the senior services trust fund of the Kan-

sas public employees retirement system to the SRS-IGT fund of the de-

partment of social and rehabilitation services.

[(+)]

[(+)]

Sec. 7.


DEPARTMENT OF EDUCATION

(a) There is appropriated for the above agency from the state general

fund for the fiscal year or years specified, the following:

Governor's teaching excellence awards

For the fiscal year ending June 30, 2002$16,000
Kansas foundation for agriculture project grant

For the fiscal year ending June 30, 2003$35,000
General state aid

For the fiscal year ending June 30, 2003$11,528,860

(b) On July 1, 2002, or as soon thereafter as moneys are available, the

director of accounts and reports shall transfer $11,528,860 from the Kan-

sas endowment for youth fund of the Kansas public employees retirement

system to the state general fund.

(c) The department of education shall make the expenditure from the

KPERS--employer contributions account of the state general fund during

the fiscal year ending June 30, 2002, for payment of $7,985,026 to the

Kansas public employees retirement system as authorized by section 45(a)

of 2002 Senate Bill No. 517: Provided, That the department of education

shall not make the payment of $7,985,026 to the Kansas public employees

retirement system from the KPERS--employer contributions account of

the state general fund during the fiscal year ending June 30, 2002, if the

director of the budget certifies that such payment should not be made

during fiscal year 2002 in order to avoid a shortfall in the unencumbered

ending balance in the state general fund as of June 30, 2002: Provided

further, That, in such case, the department of education shall make such

payment of $7,985,026 to the Kansas public employees retirement system

from the KPERS--employer contributions account of the state general fund

on or after July 1, 2002, during the fiscal year ending June 30, 2003: And

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, the director of the budget shall deliver a copy of such certifi-

cation to the director of the legislative research department.

Sec. 8.


DEPARTMENT OF CORRECTIONS

(a) There is appropriated for the above agency from the state general

fund for the fiscal year or years specified, the following:

Central administration operations and parole and postrelease supervision

operations

For the fiscal year ending June 30, 2003$228,125

(b) In addition to the other purposes for which expenditures may be

made by the department of corrections from the capital improvements--

rehabilitation, remodeling, renovation and repair of correctional institu-

tions account of the correctional institutions building fund, or from any

account of any correctional institution into which moneys are transferred

from this account, for fiscal year 2003 as authorized by this or other

appropriation act of the 2002 regular session of the legislature, expendi-

tures may be made by the department of corrections from the capital

improvements--rehabilitation, remodeling, renovation and repair of cor-

rectional institutions account of the correctional institutions building

fund, or from any such account of any correctional institution, for fiscal

year 2003 for security improvement projects including acquisition of se-

curity equipment.

(c) On July 1, 2002, any unencumbered balance in the construction of

Ellsworth correctional facility housing unit training center and warehouse

account of the state general fund as of June 30, 2002, is hereby reappro-

priated for fiscal year 2003.

(d) During the fiscal year ending June 30, 2003, the department of

corrections is hereby authorized to make expenditures to raze the old

warden's house (building no. 40000-00017) and the guard shack (building

no. 40000-00020) on the grounds of the east unit of Lansing correctional

facility.

(e) On the effective date of this act, of the $1,329,000 appropriated for

the above agency for the fiscal year ending June 30, 2002, by section 59(a)

of chapter 144 of the 2001 Session Laws of Kansas from the state general

fund in the debt service payment for the reception and diagnostic unit

relocation bond issue account, the sum of $71,000 is hereby lapsed.

(f) On the effective date of this act, of the $4,443,000 appropriated for

the above agency for the fiscal year ending June 30, 2002, by section 59(a)

of chapter 144 of the 2001 Session Laws of Kansas from the state general

fund in the debt service payment for the revenue refunding bond issue

account, the sum of $97,000 is hereby lapsed.

(g) On the effective date of this act, of the $934,000 appropriated for

the above agency for the fiscal year ending June 30, 2002, by section 59(a)

of chapter 144 of the 2001 Session Laws of Kansas from the state general

fund in the debt service payment for the Topeka and Lansing correctional

facility bond issue account, the sum of $60,125 is hereby lapsed.

Sec. 9.


FORT HAYS STATE UNIVERSITY

(a) In addition to the other purposes for which expenditures may be

made by Fort Hays state university from moneys appropriated from the

state general fund or from any special revenue fund for fiscal year 2003

as authorized by this or other appropriation act of the 2002 regular session

of the legislature, expenditures may be made by Fort Hays state university

from moneys appropriated from the state general fund or from any special

revenue fund for fiscal year 2003 to provide for the issuance of bonds by

the Kansas development finance authority in accordance with K.S.A. 74-

8905 and amendments thereto for a capital improvement project for track

and field surface replacements at Lewis field stadium: Provided, That the

capital improvement project for track and field surface replacements at

Lewis field stadium is hereby approved for Fort Hays 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: Provided further, That

Fort Hays state university may make expenditures from the moneys re-

ceived from the issuance of any such bonds for such capital improvement

project: Provided, however, That expenditures from the moneys received

from the issuance of any such bonds for such capital improvement project

shall not exceed $1,200,000, plus all amounts required for costs of bond

issuance, costs of interest on the bonds issued for such capital improve-

ment project during the construction of such project and any required

reserves for the payment of principal and interest on the bonds: And

provided further, That all moneys received from the issuance of any such

bonds shall be deposited and accounted for as prescribed by applicable

bond covenants: And provided further, That debt service for any such

bonds for such capital improvement project shall be financed by appro-

priations from the state general fund or any appropriate special revenue

fund or funds: And provided further, That no bonds shall be issued for

such capital improvement project until such capital improvement project

has been reviewed by the joint committee on state building construction.

Sec. 10.


ADJUTANT GENERAL

(a) There is hereby appropriated for the above agency from the state

general fund for the fiscal year ending June 30, 2003, for the capital

improvement project or projects specified as follows:

Debt service--rehabilitation and repair of the statewidearmories$185,705

(b) On July 1, 2002, of the $4,398,908 appropriated for the above

agency for the fiscal year ending June 30, 2003, by section 115(a) of 2002

Senate Bill No. 517 from the state general fund in the operating expend-

itures account, the sum of $229,620 is hereby lapsed.

(c) On July 1, 2002, the $243,342 appropriated for the above agency

for the fiscal year ending June 30, 2003, by section 115(f) of 2002 Senate

Bill No. 517 from the state economic development initiatives fund in the

educational assistance account, is hereby lapsed.

Sec. 11.


KANSAS HIGHWAY PATROL

(a) There is appropriated for the above agency from the state general

fund for the fiscal year or years specified, the following:

Operating expenditures

For the fiscal year ending June 30, 2003$1,000,000

(b) On July 1, 2002, the expenditure limitation established for the fiscal

year ending June 30, 2003, by section 118(b) of 2002 Senate Bill No. 517

on the motor carrier inspection fund of the Kansas highway patrol is

hereby increased from $10,555,455 to no limit.

(c) On July 1, 2002, the expenditure limitation established for the fiscal

year ending June 30, 2003, by section 118(b) of 2002 Senate Bill No. 517

on the highway patrol training center fund is hereby increased from

$766,092 to no limit.

[(+)]

Sec. 13.


KANSAS DEPARTMENT OF AGRICULTURE

(a) On July 1, 2002, the expenditure limitation established for the fiscal

year ending June 30, 2003, by section 123(b) of 2002 Senate Bill No. 517

on the entomology fee fund is hereby increased from $122,017 to

$218,817.

(b) On July 1, 2002, the expenditure limitation established for the fiscal

year ending June 30, 2003, by section 123(b) of 2002 Senate Bill No. 517

on the dairy fee fund is hereby increased from $332,370 to $403,067.

(c) On July 1, 2002, the expenditure limitation established for the fiscal

year ending June 30, 2003, by section 123(b) of 2002 Senate Bill No. 517

on the soil amendment fee fund is hereby increased from $1,075 to

$1,355.

(d) On July 1, 2002, the expenditure limitation established for the fiscal

year ending June 30, 2003, by section 123(b) of 2002 Senate Bill No. 517

on the agricultural liming materials fee fund is hereby increased from

$48,792 to $58,842.

(e) On July 1, 2002, the expenditure limitation established for the fiscal

year ending June 30, 2003, by section 123(b) of 2002 Senate Bill No. 517

on the chemigation fee fund is hereby increased from $107,255 to

$156,005.

(f) On July 1, 2002, the expenditure limitation established for the fiscal

year ending June 30, 2003, by section 123(b) of 2002 Senate Bill No. 517

on the agricultural chemical fee fund is hereby increased from $284,864

to $466,864.

(g) On July 1, 2002, the expenditure limitation established for the fiscal

year ending June 30, 2003, by section 123(b) of 2002 Senate Bill No. 517

on the fertilizer fee fund is hereby increased from $507,571 to $510,071.

(h) On July 1, 2002, the expenditure limitation established for the fiscal

year ending June 30, 2003, by section 123(b) of 2002 Senate Bill No. 517

on the pesticide use fee fund is hereby increased from $433,922 to

$654,572.

(i) On July 1, 2002, the expenditure limitation established for the fiscal

year ending June 30, 2003, by section 123(b) of 2002 Senate Bill No. 517

on the weights and measures fee fund is hereby increased from $162,163

to $190,163.

(j) On July 1, 2002, the expenditure limitation established for the fiscal

year ending June 30, 2003, by section 123(b) of 2002 Senate Bill No. 517

on the water appropriation certification fund is hereby increased from

$297,449 to $537,749.

(k) There is appropriated for the above agency from the following spe-

cial revenue fund or funds for the fiscal year or years specified, all moneys

now or hereafter lawfully credited to and available in such fund or funds,

except that expenditures other than refunds authorized by law shall not

exceed the following:

Water structures fund

For the fiscal year ending June 30, 2003$181,750

Sec. 14.


DEPARTMENT OF WILDLIFE AND PARKS

(a) On July 1, 2002, the expenditure limitation established for the fiscal

year ending June 30, 2003, by section 156(r) of 2002 Senate Bill No. 517

on the land and water conservation fund--rehabilitation and repair ac-

count of the land and water conservation fund is hereby increased from

$149,242 to $991,484.

Sec. 15.


KANSAS LOTTERY

(a) On July 1, 2002, the expenditure limitation established for the fiscal

year ending June 30, 2003, by section 86(a) of 2002 Senate Bill No. 517

on the lottery operating fund is hereby increased from $8,962,981 to

$9,000,000.

(b) The director of accounts and reports shall not make the transfer of

$4,000,000 from the lottery operating fund of the Kansas lottery to the

state gaming revenues fund which was directed to be made on or before

July 15, 2003, by section 86(c) of 2002 Senate Bill No. 517 and, on the

effective date of this act, the provisions of section 86(c) of 2002 Senate

Bill No. 517 are hereby declared to be null and void and shall have no

force and effect.

(c) Notwithstanding the provisions of K.S.A. 74-8711, and amendments

thereto, for the fiscal year ending June 30, 2002, one additional transfer

from the lottery operating fund to the state gaming revenues fund shall

be made in addition to the 12 regular transfers, and the 13th transfer

shall be made no later than July 15, 2002, and shall be credited to the

fiscal year ending June 30, 2002. The 13th transfer shall be not less than

$4,000,000. The director of accounts and reports shall transfer moneys

certified by the director of the Kansas lottery from the lottery operating

fund to the state gaming revenues fund on or before July 15, 2002, in an

amount of not less than $4,000,000 and this transfer shall be credited to

the period ending June 30, 2002. Notwithstanding provisions of K.S.A.

79-4801, and amendments thereto, all amounts credited to the state gam-

ing revenues fund on or before July 15, 2002, shall be transferred and

credited to the state general fund on or before July 15, 2002, and shall

be credited to the fiscal year ending June 30, 2002.

Sec. 16. On June 30, 2003, the director of accounts and reports shall

transfer any unencumbered balance in the state economic development

initiatives fund to the state general fund.

Sec. 17.


DEPARTMENT OF HUMAN RESOURCES

(a) On July 1, 2002, the position limitation established for the fiscal

year ending June 30, 2003, by section 131(a) of 2002 Senate Bill No. 517

for the department of human resources is hereby decreased from 941.4

to 940.4.

Sec. 18.


DEPARTMENT OF REVENUE

(a) The director of accounts and reports shall not make the transfer of

$200,000 from the division of vehicles operating fund to the state general

fund as directed to be made on July 1, 2002, by section 85(f) of 2002

Senate Bill No. 517 and, on the effective date of this act, the provisions

of section 85(f) of 2002 Senate Bill No. 517 are hereby declared to be

null and void and shall have no force and effect.

(b) On July 1, 2002, the expenditure limitation established by section

85(a) of 2002 Senate Bill No. 517 on the division of vehicles operating

fund is hereby increased from $32,755,967 to $33,211,944.

(c) On July 1, 2002, the director of accounts and reports shall transfer

$455,977 from the state highway fund of the department of transportation

to the division of vehicles operating fund of the above agency for the

purpose of financing the cost of operation and general expense of the

division of vehicles and related operations of the above agency.

Sec. 19.


EMPORIA STATE UNIVERSITY

(a) There is appropriated for the above agency from the state general

fund for the fiscal year or years specified, the following:

Reading recovery program

For the fiscal year ending June 30, 2003$250,000

Sec. 20.


STATE BOARD OF REGENTS

(a) There is appropriated for the above agency from the state economic

development initiatives fund for the fiscal year or years specified, the

following:

[(+)]

National guard educational assistance

For the fiscal year ending June 30, 2003$243,342

(b) (1) In addition to the other purposes for which expenditures may

be made by any state educational institution from the moneys appropri-

ated from the state general fund or from any special revenue fund for

fiscal year 2003 for such state educational institution as authorized by this

or other appropriation act of the 2002 regular session of the legislature,

expenditures may be made by such state educational institution from

moneys appropriated from the state general fund or from any special

revenue fund for fiscal year 2003 for the purposes of capital improvement

projects making energy and other conservation improvements: Provided,

That such capital improvement projects are hereby approved for such

state educational institution for the purposes of subsection (b) of K.S.A.

74-8905 and amendments thereto and the authorization of issuance of

one or more series of bonds by the Kansas development finance authority

in accordance with that statute from time to time during fiscal year 2003:

Provided, however, That no such bonds shall be issued until the state

board of regents has first advised and consulted on any such project with

the joint committee on state building construction: Provided, further,

That the amount of the bond proceeds that may be utilized for any such

capital improvement project shall be subject to approval by the state fi-

nance 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, except that

such approval also may be given while the legislature is in session: And

provided further, That, in addition to such project costs, any such amount

of bond proceeds may include costs of issuance, capitalized interest and

any required reserves for the payment of principal and interest on such

bonds: And provided further, That all moneys received from the issuance

of any such bonds shall be deposited and accounted for as prescribed by

applicable bond covenants: And provided further, That payments relating

to principal and interest on such bonds shall be subject to and dependent

upon annual appropriations therefor to the state educational institution

for which the bonds are issued: And provided further, That each energy

conservation capital improvement project for which bonds are issued for

financing under this subsection shall be designed and completed in order

to have cost savings sufficient to be equal or greater than the cost of debt

service on such bonds: And provided further, That the state board of

regents shall prepare and submit a report to the committee on appropri-

ations of the house of representatives and the committee on ways and

means of the senate on the savings attributable to energy conservation

capital improvements for which bonds are issued for financing under this

subsection at the beginning of the 2003 regular session of the legislature.

(2) As used in this subsection, ``state educational institution'' includes

each state educational institution as defined in K.S.A. 76-711, and amend-

ments thereto, and the university of Kansas medical center.

(c) On July 1, 2002, the $500 appropriated for the above agency for

the fiscal year ending June 30, 2003, by section 112(a) of 2002 Senate

Bill No. 517 from the state general fund in the Hesston college flagpole

account, is hereby lapsed.

(d) On July 1, 2002, the position limitation established for the fiscal

year ending June 30, 2003, by section 131(a) of 2002 Senate Bill No. 517

for the state board of regents is hereby increased from 45.0 to 54.0.

[(+)]

(f) There is appropriated for the above agency from the state general

fund for the fiscal year or years specified, the following:

National guard educational assistance

For the fiscal year ending June 30, 2003$229,620

(g) There is appropriated for the above agency from the following spe-

cial revenue fund or funds for the fiscal year or years specified, all moneys

now or hereafter lawfully credited to and available in such fund or funds,

except that expenditures other than refunds authorized by law shall not

exceed the following:

Workforce development loan fund

For the fiscal year ending June 30, 2003No limit
Kan-Ed federal fund

For the fiscal year ending June 30, 2003No limit

(h) In addition to the purposes for which expenditures may be made

by the above agency from the Kan-Ed fund for the fiscal year ending June

30, 2003, as authorized by section 112(b) of 2002 Senate Bill No. 517,

expenditures may be made by the above agency for the purposes of im-

plementing 2002 Substitute for Senate Bill No. 614: Provided, That ex-

penditures from the Kan-Ed fund from payments received from the

KUSF pursuant to subsection (f) of section 1 of 2002 Substitute for Senate

Bill No. 614 for the fiscal year ending June 30, 2003, shall not exceed

$5,000,000.

Sec. 21.


ATTORNEY GENERAL--KANSAS BUREAU OF INVESTIGATION

(a) On July 1, 2002, the director of accounts and reports shall transfer

$258,000 from the remodel Great Bend facility fund to the operating

expenditures account of the state general fund of the attorney general--

Kansas bureau of investigation.

(b) On the effective date of this act, the provisions of section 74(d) of

chapter 144 of the 2001 Session Laws of Kansas are hereby declared to

be null and void and shall have no force and effect.

Sec. 22.


DEPARTMENT OF HEALTH AND ENVIRONMENT

(a) In addition to the other purposes for which expenditures may be

made by the department of health and environment from moneys appro-

priated from the state general fund or any special revenue fund for fiscal

year 2002 or for fiscal year 2003 for the department of health and envi-

ronment as authorized by chapter 144 or chapter 216 of the 2001 Session

Laws of Kansas or by this or other appropriation act of the 2002 regular

session of the legislature, expenditures shall be made by the secretary of

health and environment for fiscal year 2002 and for fiscal year 2003, as

soon as is feasibly possible, to provide the department of social and re-

habilitation services with a listing of all individuals served by the AIDS

drug assistance program for the purpose of determining eligibility for the

MediKan and medicaid programs as expeditiously as possible.

(b) There is appropriated for the above agency from the following spe-

cial revenue fund or funds for the fiscal year or years specified, all moneys

now or hereafter lawfully credited to and available in such fund or funds,

except that expenditures other than refunds authorized by law shall not

exceed the following:

Chemical control fund

For the fiscal year ending June 30, 2003No limit
Subsurface hydrocarbon storage fund

For the fiscal year ending June 30, 2003No limit
Sudden infant death support fund

For the fiscal year ending June 30, 2003No limit
Clean air leadership fund--federal

For the fiscal year ending June 30, 2003No limit
AIDS project--education and risk reduction fund--federal

For the fiscal year ending June 30, 2003No limit
Municipal water pollution prevention fund--federal

For the fiscal year ending June 30, 2003No limit
Medical student loan repayment fund--federal

For the fiscal year ending June 30, 2003No limit
Natural resources damages trust fund

For the fiscal year ending June 30, 2003No limit

(c) In addition to the other purposes for which expenditures may be

made by the department of health and environment from moneys appro-

priated from the state general fund or any special revenue fund for fiscal

year 2002 or for fiscal year 2003 for the department of health and envi-

ronment as authorized by chapter 144 or chapter 216 of the 2001 Session

Laws of Kansas or by this or other appropriation act of the 2002 regular

session of the legislature, expenditures shall be made by the secretary of

health and environment for fiscal year 2002 and for fiscal year 2003 to

prepare and present a report to the select security committee of the house

of representatives on the use of federal bioterrorism funds received from

the U.S. department of health and human services.

(d) On and after the effective date of this act, during the fiscal years

ending June 30, 2002, and June 30, 2003, no moneys appropriated from

the state general fund or any special revenue fund for fiscal year 2002

and fiscal year 2003 by chapter 144 or chapter 216 of the 2001 Session

Laws of Kansas or by this or other appropriation act of the 2002 regular

session of the legislature shall be expended by the department of health

and environment to enforce the temporary rules and regulations K.A.R.

28-4-576 through 28-4-596, relating to maternal and child health school-

age programs, which were adopted on April 1, 2002, by the secretary of

health and environment: Provided, That the secretary of health and en-

vironment shall make expenditures from such moneys for fiscal year 2002

and for fiscal year 2003 to take such actions, including issuing appropriate

administrative directives and policies and notices to affected persons and

other entities, to suspend any such enforcement of such temporary rules

and regulations pending the adoption and taking effect of the proposed

permanent rules and regulations relating to maternal and child health

school-age programs: Provided further, That the secretary of health and

environment shall make expenditures from such moneys for fiscal year

2002 and for fiscal year 2003 for the purposes of conducting hearings,

soliciting and receiving comments and information, and taking other ac-

tions in accordance with the procedures prescribed by law for the adop-

tion of the subject matter contained in such temporary rules and regu-

lations in permanent rules and regulations.

Sec. 23.


STATE BOARD OF PHARMACY

(a) In addition to the other purposes for which expenditures may be

made by the state board of pharmacy from the state board of pharmacy

fee fund for fiscal year 2002 as authorized by section 92(a) of chapter 144

of the 2001 Session Laws of Kansas, expenditures shall be made by the

state board of pharmacy from the state board of pharmacy fee fund for

fiscal year 2002 for the purposes of reviewing and making any needed

amendments to policies and rules and regulations to permit all licensed

pharmacists to put Veterans' Administration prescriptions into unit dose

packaging.

(b) In addition to the other purposes for which expenditures may be

made by the state board of pharmacy from the state board of pharmacy

fee fund for fiscal year 2003 as authorized by section 92(a) of chapter 144

of the 2001 Session Laws of Kansas or by this or other appropriation act

of the 2002 regular session of the legislature, expenditures shall be made

by the state board of pharmacy from the state board of pharmacy fee fund

for fiscal year 2003 for the purposes of reviewing and making any needed

amendments to policies and rules and regulations to permit all licensed

pharmacists to put Veterans' Administration prescriptions into unit dose

packaging.

Sec. 24.


STATE CONSERVATION COMMISSION

(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 natural resource legacy alliance fundNo limit
Provided, That all moneys received by the state conservation commission

pursuant to agreements entered into with the other state agencies having

powers, duties and functions relating to the goals and priorities which

may be developed and included in the vision to be developed by the

Kansas natural resource legacy alliance pursuant to section 7 of 2002

Senate Bill No. 504 for utilizing the state's natural resources, which agree-

ments are hereby authorized to be entered into by the state conservation

commission and such other state agencies, shall be deposited in the state

treasury to the credit of the Kansas natural resource legacy alliance fund:

Provided further, That all moneys received by the state conservation com-

mission for gifts, grants or donations for the Kansas natural resource leg-

acy alliance, which are hereby authorized to be received on behalf of the

Kansas natural resource legacy alliance, shall be deposited in the state

treasury to the credit of this fund.

(b) There is appropriated for the above agency from the state water

plan fund for the fiscal year ending June 30, 2003, to the land treatment

cost share account of the state water plan fund of the above agency, the

amount equal to the aggregate of all amounts released from each amount

which was encumbered to be expended from the land treatment cost-

share programs account of the water plan special revenue fund prior to

July 1, 2001, and which was transferred from the water plan special rev-

enue fund of the state conservation commission to the state water plan

fund pursuant to section 161(d) of chapter 144 of the 2001 Session Laws

of Kansas on July 1, 2001.

(c) There is appropriated for the above agency from the state water

plan fund for the fiscal year ending June 30, 2003, to the nonpoint source

pollution assistance account of the state water plan fund of the above

agency, the amount equal to the aggregate of all amounts released from

each amount which was encumbered to be expended from the non-point

source pollution account of the water plan special revenue fund prior to

July 1, 2001, and which was transferred from the water plan special rev-

enue fund of the state conservation commission to the state water plan

fund pursuant to section 161(d) of chapter 144 of the 2001 Session Laws

of Kansas on July 1, 2001.

(d) There is appropriated for the above agency from the state water

plan fund for the fiscal year ending June 30, 2002, for the following water

plan project or projects specified, the following:

Riparian and wetland program$60,000

(e) On the effective date of this act, the provisions of section 53(c) of

2002 Senate Bill No. 517 are hereby declared to be null and void and

shall have no force and effect.

Sec. 25.


JUVENILE JUSTICE AUTHORITY

(a) Notwithstanding the provisions of the third proviso to the appro-

priation from the children's initiatives fund for the fiscal year ending June

30, 2003, in the prevention program grant account made by section 114(c)

of 2002 Senate Bill No. 517, moneys awarded as grants from the preven-

tion program grant account shall be distributed during fiscal year 2003

on the basis of the average amount of prevention grant awards received

for the judicial district during fiscal year 2001 and fiscal year 2002 and

shall be subject to the requirement that no judicial district shall receive

less than $50,000: Provided, That money awarded as grants from the

prevention program grant account is not an entitlement to communities,

but a grant that must meet conditions prescribed by the above agency for

appropriate outcomes: Provided further, That no moneys awarded as

grants from the prevention program grant account of the children's ini-

tiatives fund shall be distributed according to the percentage distribution

of a judicial district's high school graduation failure rate, averaged over a

period of three years: And provided further, That the provisions of the

third proviso to the appropriation from the children's initiatives fund for

the fiscal year ending June 30, 2003, in the prevention program grant

account made by section 53(c) of 2002 Senate Bill No. 517 are hereby

declared to be null and void and shall have no force and effect.

(b) In addition to the other purposes for which expenditures may be

made by the juvenile justice authority from any moneys appropriated

from the state general fund or any special revenue fund for the fiscal year

2003, as authorized by this or other appropriation act of the 2002 regular

session of the legislature, expenditures are encouraged and authorized to

be made by the juvenile justice authority from any such moneys appro-

priated for fiscal year 2003 for the purposes of undertaking such actions

as may be permitted under applicable state and federal laws to solicit

proposals from and to enter into contracts for pharmaceutical supplies

for the Atchison juvenile correctional facility, the Beloit juvenile correc-

tional facility and the Topeka juvenile correctional facility with vendors

located within Kansas.

[(+)]

Sec. 27. (a) Notwithstanding the provisions of subsection (a)(1) of sec-

tion 169 of 2002 Senate Bill No. 517, the .31% lapse of the amount in

each account of the state general fund of each state agency that is appro-

priated or reappropriated for the fiscal year ending June 30, 2002, by

chapter 144 or chapter 216 of the 2001 Session Laws of Kansas or by this

or other appropriation act of the 2002 regular session of the legislature

shall not apply to any item of appropriation or reappropriation from the

state general fund for fiscal year 2002 for judicial branch agencies.

[(+)]

Sec. 29. Notwithstanding the provisions of the K.S.A. 77-151 and K.S.A.

2001 Supp. 77-138 and 77-165, and amendments thereto, no state agency

shall make expenditures to provide and deliver a full set of hard bound

Kansas Statutes Annotated to each member of the legislature: Provided,

however, That new members of the legislature shall be entitled to receive

one full set of hard bound Kansas Statutes Annotated, including any reissued

hardbound volumes: Provided, That each returning member of the legis-

lature shall receive one set of Kansas Statutes Annotated supplements and

any reissued hardbound volumes for the 2003 regular session.

Sec. 30.


PITTSBURG STATE UNIVERSITY

(a) There is appropriated for the above agency from the state general

fund for the fiscal year or years specified, the following:

Operating expenditures (including official hospitality)

For the fiscal year ending June 30, 2003$190,000

Sec. 31.


UNIVERSITY OF KANSAS

(a) There is appropriated for the above agency from the following spe-

cial revenue fund or funds for the fiscal year or years specified, all moneys

now or hereafter lawfully credited to and available in such fund or funds,

except that expenditures other than refunds authorized by law shall not

exceed the following:

Fire service training fund

For the fiscal year ending June 30, 2003No limit

Sec. 32.


INSURANCE DEPARTMENT

(a) The director of accounts and reports shall not make the transfer of

$7,000,000 from the workers compensation fund of the insurance de-

partment to the state general fund on July 1, 2002, or as soon thereafter

as moneys are available, as directed by section 74(d) of 2002 Senate Bill

No 517, and the provisions of section 74(d) of 2002 Senate Bill No. 517

are hereby declared to be null and void and shall have no force and effect.

(b) On June 30, 2002, the director of accounts and reports shall transfer

$7,000,000 from the workers compensation fund of the insurance de-

partment 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: Provided further, That the commissioner of insurance shall pre-

pare and submit a workers compensation fund cash-flow analysis to the

house committee on appropriations and the senate committee on ways

and means during the month of January, 2003.

Sec. 33.


STATE BOARD OF INDIGENTS' DEFENSE SERVICES

(a) For the fiscal year ending June 30, 2002, the amount of $30,673

prescribed by section 32(b) of 2002 Senate Bill No. 517 to be lapsed from

the $13,044,016 appropriated for the above agency for the fiscal year

ending June 30, 2002, by section 112(a) of chapter 144 of the 2001 Session

Laws of Kansas from the state general fund in the operating expenditures

account, shall not be lapsed and the provisions of section 32(b) of 2002

Senate Bill No. 517 are hereby declared to be null and void and shall

have no force and effect.

(b) For the fiscal year ending June 30, 2002, the amount of $6,376

prescribed by section 32(c) of 2002 Senate Bill No. 517 to be lapsed from

the $1,373,690 appropriated for the above agency for the fiscal year end-

ing June 30, 2002, by section 112(a) of chapter 144 of the 2001 Session

Laws of Kansas from the state general fund in the capital defense oper-

ations account, shall not be lapsed and the provisions of section 32(c) of

2002 Senate Bill No. 517 are hereby declared to be null and void and

shall have no force and effect.

Sec. 34.


DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES

(a) For the fiscal year ending June 30, 2002, the amount of $53,980

prescribed by section 44(m) of 2002 Senate Bill No. 517 to be lapsed

from the $9,398,466 appropriated for the above agency for the fiscal year

ending June 30, 2002, by section 130(a) of chapter 144 of the 2001 Session

Laws of Kansas from the state general fund in the Kansas neurological

institute--operating expenditures account, shall not be lapsed and the

provisions of section 44(m) of 2002 Senate Bill No. 517 are hereby de-

clared to be null and void and shall have no force and effect.

(b) (1) For the fiscal year ending June 30, 2002, the amount of $93,547

prescribed by section 44(o) of 2002 Senate Bill No. 517 to be lapsed from

the $9,716,548 appropriated for the above agency for the fiscal year end-

ing June 30, 2002, by section 130(a) of chapter 144 of the 2001 Session

Laws of Kansas from the state general fund in the Larned state hospital--

operating expenditures account, shall not be lapsed and the provisions of

section 44(o) of 2002 Senate Bill No. 517 are hereby declared to be null

and void and shall have no force and effect.

(2) On the effective date of this act, of the $9,716,548 appropriated for

the above agency for the fiscal year ending June 30, 2002, by section

130(a) of chapter 144 of the 2001 Session Laws of Kansas from the state

general fund in the Larned state hospital--operating expenditures ac-

count, the sum of $23,916 is hereby lapsed.

(c) (1) For the fiscal year ending June 30, 2002, the amount of $53,962

prescribed by section 44(r) of 2002 Senate Bill No. 517 to be lapsed from

the $5,592,630 appropriated for the above agency for the fiscal year end-

ing June 30, 2002, by section 130(a) of chapter 144 of the 2001 Session

Laws of Kansas from the state general fund in the Osawatomie state

hospital--operating expenditures account, shall not be lapsed and the

provisions of section 44(r) of 2002 Senate Bill No. 517 are hereby declared

to be null and void and shall have no force and effect.

(2) On the effective date of this act, of the $5,592,630 appropriated for

the above agency for the fiscal year ending June 30, 2002, by section

130(a) of chapter 144 of the 2001 Session Laws of Kansas from the state

general fund in the Osawatomie state hospital--operating expenditures

account, the sum of $2,596 is hereby lapsed.

(d) For the fiscal year ending June 30, 2002, the amount of $53,993

prescribed by section 44(u) of 2002 Senate Bill No. 517 to be lapsed from

the $6,201,974 appropriated for the above agency for the fiscal year end-

ing June 30, 2002, by section 130(a) of chapter 144 of the 2001 Session

Laws of Kansas from the state general fund in the Parsons state hospital

and training center--operating expenditures account, shall not be lapsed

and the provisions of section 44(u) of 2002 Senate Bill No. 517 are hereby

declared to be null and void and shall have no force and effect.

(e) (1) For the fiscal year ending June 30, 2002, the amount of $307,372

prescribed by section 44(v) of 2002 Senate Bill No. 517 to be lapsed from

the $740,473 appropriated for the above agency for the fiscal year ending

June 30, 2002, by section 130(a) of chapter 144 of the 2001 Session Laws

of Kansas from the state general fund in the Rainbow mental health fa-

cility--operating expenditures account, shall not be lapsed and the pro-

visions of section 44(v) of 2002 Senate Bill No. 517 are hereby declared

to be null and void and shall have no force and effect.

(2) On the effective date of this act, of the $740,473 appropriated for

the above agency for the fiscal year ending June 30, 2002, by section

130(a) of chapter 144 of the 2001 Session Laws of Kansas from the state

general fund in the Rainbow mental health facility--operating expendi-

tures account, the sum of $290,912 is hereby lapsed.

Sec. 35.


ADJUTANT GENERAL

(a) For the fiscal year ending June 30, 2002, the amount of $8,758

prescribed by section 50(a) of 2002 Senate Bill No. 517 to be lapsed from

the $4,549,979 appropriated for the above agency for the fiscal year end-

ing June 30, 2002, by section 150(a) of chapter 144 of the 2001 Session

Laws of Kansas from the state general fund in the operating expenditures

account, shall not be lapsed and the provisions of section 50(a) of 2002

Senate Bill No. 517 are hereby declared to be null and void and shall

have no force and effect.

Sec. 36.


ATTORNEY GENERAL--KANSAS BUREAU OF INVESTIGATION

(a) For the fiscal year ending June 30, 2002, the amount of $56,051

prescribed by section 51(a) of 2002 Senate Bill No. 517 to be lapsed from

the $12,462,791 appropriated for the above agency for the fiscal year

ending June 30, 2002, by section 154(a) of chapter 144 of the 2001 Session

Laws of Kansas from the state general fund in the operating expenditures

account, shall not be lapsed and the provisions of section 51(a) of 2002

Senate Bill No. 517 are hereby declared to be null and void and shall

have no force and effect.

Sec. 37.


STATE FIRE MARSHAL

(a) On July 1, 2002, and on July 1, 2003, or as soon after each such

date as moneys are available, the director of accounts and reports shall

transfer $200,000 from the fire marshal fee fund of the state fire marshal

to the state general fund: Provided, That the transfer of such amount shall

be in addition to any other transfer from the fire marshal fee fund of the

state fire marshal to the state general fund as prescribed by law: Provided

further, That the amount transferred from the fire marshal fee fund of

the state fire marshal to the state general fund 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.

[(+)]

Sec. 39.


STATE HISTORICAL SOCIETY

(a) There is appropriated for the above agency from the state general

fund for the fiscal year or years specified, the following:

Kansas humanities council

For the fiscal year ending June 30, 2003$50,000

Sec. 40. (a) On the effective date of this act, the director of accounts

and reports shall transfer $94,608,648 from the state highway fund to the

state general fund.

(b) On or before June 30, 2003, on a date certified by the director of

the budget, the director of accounts and reports shall transfer $94,608,648

from the state general fund to the state highway 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.

Sec. 41. (a) On July 1, 2002, the director of accounts and reports shall

transfer $6,000,000 from the Kansas endowment for youth fund of the

Kansas public employees retirement system to the state general fund:

Provided, That, upon receipt of a certification by the director of the

budget that the director has determined that, as a last resort, the transfer

of such $6,000,000 to the state general fund is required to be made on

or before June 30, 2002, in order to avoid a shortfall in the unencumbered

ending balance of the state general fund for fiscal year 2002, the director

of accounts and reports shall transfer such $6,000,000 from the Kansas

endowment for youth fund of the Kansas public employees retirement

system to the state general fund on or before June 30, 2002, in accordance

with such certification from the director of the budget: 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,

the director of the budget shall deliver a copy of such certification to the

director of the legislative research department.

(b) On or before June 30, 2003, on a date certified by the director of

the budget, the director of accounts and reports shall transfer $6,000,000

from the state general fund to the Kansas endowment for youth fund of

the Kansas public employees retirement system: 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.

Sec. 42. Appeals to exceed position limitations. The limitations imposed

by this act on the number of full-time and regular part-time positions

equated to full-time, excluding seasonal and temporary positions, paid

from appropriations for the fiscal years ending June 30, 2002, or June 30,

2003, made in chapter 144 or 216 of the 2001 Session Laws of Kansas or

in this act or in any other appropriation act of the 2002 regular session

of the legislature may be exceeded upon approval of the state finance

council.

Sec. 43. Appeals to exceed expenditure limitations. (a) Upon written

application to the governor and approval of the state finance council,

expenditures from special revenue funds may exceed the amounts spec-

ified in this act.

(b) This section shall not apply to the state economic development

initiatives fund, the children's initiatives fund or the state water plan fund

or to any account thereof.

Sec. 44. Savings. (a) Any unencumbered balance as of June 30, 2002,

in any special revenue fund, or account thereof, of any state agency named

in this act which is not otherwise specifically appropriated or limited by

this or other appropriation act of the 2002 regular session of the legisla-

ture, is hereby appropriated for the fiscal year ending June 30, 2003, for

the same use and purpose as the same was heretofore appropriated. This

subsection shall not apply to any state agency named in section 99 of

chapter 144 of the 2001 Session Laws of Kansas.

(b) Any unencumbered balance as of June 30, 2002, in any special

revenue fund, or account thereof, of any state agency named in section

99 of chapter 144 of the 2001 Session Laws of Kansas which is not oth-

erwise specifically appropriated or limited for fiscal year 2003 by chapter

144 or chapter 216 of the 2001 Session Laws of Kansas or by this or other

appropriation act of the 2002 regular session of the legislature, is hereby

appropriated for fiscal year 2003 for the same use and purpose as the

same was heretofore appropriated.

(c) This section shall not apply to the state economic development

initiatives fund, the children's initiatives fund or the state water plan fund

or any account of any of such funds.

Sec. 45. During the fiscal year ending June 30, 2003, all moneys which

are lawfully credited to and available in any bond special revenue fund,

which are not otherwise specifically appropriated or limited by this or

other appropriation act of the 2002 regular session of the legislature, are

hereby appropriated for the fiscal year ending June 30, 2003, for the state

agency for which the bond special revenue fund was established for the

purposes authorized by law for expenditures from such bond special rev-

enue fund. As used in this subsection, ``bond special revenue fund'' means

any special revenue fund or account thereof established in the state treas-

ury prior to or on or after the effective date of this act for the deposit of

the proceeds of bonds issued by the Kansas development finance au-

thority, for the payment of debt service for bonds issued by the Kansas

development finance authority, or for any related purpose in accordance

with applicable bond covenants.

Sec. 46. Federal grants. (a) During the fiscal year ending June 30, 2003,

each federal grant or other federal receipt which is received by a state

agency named in this act and which is not otherwise appropriated to that

state agency by this or other appropriation act of the 2002 regular session

of the legislature, is hereby appropriated for the fiscal year ending June

30, 2003, for that state agency for the purpose set forth in such federal

grant or receipt, except that no expenditure shall be made from and no

obligation shall be incurred against any such federal grant or other federal

receipt, which has not been previously appropriated or reappropriated or

approved for expenditure by the governor, until the governor has au-

thorized the state agency to make expenditures therefrom. This subsec-

tion shall not apply to any state agency named in section 99 of chapter

144 of the 2001 Session Laws of Kansas.

(b) During the fiscal year ending June 30, 2003, each federal grant or

other federal receipt which is received by a state agency named in section

99 of chapter 144 of the 2001 Session Laws of Kansas and which is not

otherwise appropriated to that state agency for fiscal year 2003 by chapter

144 or chapter 216 of the 2001 Session Laws of Kansas or by this or other

appropriation act of the 2002 regular session of the legislature, is hereby

appropriated for fiscal year 2003 for that state agency for the purpose set

forth in such federal grant or receipt, except that no expenditure shall be

made from and no obligation shall be incurred against any such federal

grant or other federal receipt, which has not been previously appropriated

or reappropriated or approved for expenditure by the governor, for fiscal

year 2003, until the governor has authorized the state agency to make

expenditures from such federal grant or other federal receipt for fiscal

year 2003.

(c) In addition to the other purposes for which expenditures may be

made by any state agency which is named in this act or other appropriation

act of the 2002 regular session of the legislature and which is not other-

wise authorized by law to apply for and receive federal grants, expendi-

tures may be made by such state agency from moneys appropriated for

fiscal year 2003 by chapter 144 or chapter 216 of the 2001 Session Laws

of Kansas or by this or other appropriation act of the 2002 regular session

of the legislature to apply for and receive federal grants during fiscal year

2003, which federal grants are hereby authorized to be applied for and

received by such state agencies: Provided, That no expenditure shall be

made from and no obligation shall be incurred against any such federal

grant or other federal receipt, which has not been previously appropriated

or reappropriated or approved for expenditure by the governor, until the

governor has authorized the state agency to make expenditures there-

from.

Sec. 47. Any correctional institutions building fund appropriation here-

tofore appropriated to any state agency named in this or other appropri-

ation act of the 2002 regular session of the legislature, and having an

unencumbered balance as of June 30, 2002, in excess of $100 is hereby

reappropriated for the fiscal year ending June 30, 2003, for the same uses

and purposes as originally appropriated unless specific provision is made

for lapsing such appropriation.

Sec. 48. Any Kansas educational building fund appropriation heretofore

appropriated to any institution named in this or other appropriation act

of the 2002 regular session of the legislature and having an unencumbered

balance as of June 30, 2002, in excess of $100 is hereby reappropriated

for the fiscal year ending June 30, 2003, for the same use and purpose as

originally appropriated, unless specific provision is made for lapsing such

appropriation.

Sec. 49. Any state institutions building fund appropriation heretofore

appropriated to any state agency named in this or other appropriation act

of the 2002 regular session of the legislature and having an unencumbered

balance as of June 30, 2002, in excess of $100 is hereby reappropriated

for the fiscal year ending June 30, 2003, for the same use and purpose as

originally appropriated, unless specific provision is made for lapsing such

appropriation.

Sec. 50. Any transfers of money during the fiscal year ending June 30,

2003, from any special revenue fund of any state agency named in this

act to the audit services fund of the division of post audit under K.S.A.

46-1121 and amendments thereto shall be in addition to any expenditure

limitation imposed on any such fund for the fiscal year ending June 30,

2003.

Sec. 51. This act shall take effect and be in force from and after its

publication in the Kansas register.

Approved May 31, 2002.

Published in the Kansas Register June 6, 2002.

(cross) Section 2(b) was line-item vetoed.

(cross) A portion of section 4(a) was line-item vetoed.

(cross) Section 5(a) was line-item vetoed.

(cross) Section 5(b) was line-item vetoed.

(cross) A portion of section 6(a) was line-item vetoed.

(cross) Section 6(j) was line-item vetoed.

(cross) Section 6(k) was line-item vetoed.

(cross) Section 12 was line-item vetoed.

(cross) A portion of section 20(a) was line-item vetoed.

(cross) Section 20(e) was line-item vetoed.

(cross) Section 26 was line-item vetoed.

(cross) Section 28 was line-item vetoed.

(cross) Section 38 was line-item vetoed.

(See Messages from the Governor).


__________




Date Composed: 10/10/2002 Date Modified: 10/10/2002