Session Law

Identifying Information:L. 2003 ch. 160
Other Identifying Information:2003 Senate Substitute for House Bill 2444
Tax Type:Other
Brief Description:An Act making and concerning appropriations for the fiscal years ending June 30, 2003, June 30, 2004, June 30, 2005, June 30, 2006, June 30, 2007, June 30, 2008, June 30, 2009, and June 30, 2010; authorizing certain transfers and fees, imposing certain restric- tions and limitations and directing or authorizing certain receipts, disbursements, capital improvements and acts incidental to the foregoing; amending K.S.A. 75-6702 and K.S.A. 2002 Supp. 79-3425c and repealing the existing sections.
Keywords:


Body:


CHAPTER 160

SENATE Substitute for HOUSE BILL No. 2444

TO Sec.TO Sec.
Accountancy, board of 42

Adjutant general 13

Administration, department of 36

Aging, department on 73

Agriculture, Kansas department of 61

Animal health department, Kansas 62

Arts commission, Kansas 32

Attorney general 55

Attorney general -- Kansas bureau of investigation 17

Bank commissioner, state 22

Barbering, Kansas board of 39

Behavioral sciences regulatory board 76

Blind, Kansas state school for the 82

Citizens' utillity ratepayer board 29

Commerce, department of 8

Conservation commission, state 63

Corporation commission, state 28

Corrections, department of 20

Cosmetology, Kansas state board of 43

Credit unions, state department of 23

Deaf, Kansas state school for the 83

Dental board, Kansas 67

Education, department of 56

Emergency medical services board 18

Emporia state university 52

Fire marshal, state 14

Fort Hays state university 53

Governmental ethics commission 79

Governor's department 34

Guardianship program, Kansas 71

Healing arts, state board of 66

Health and environment, department of --division

of environment 12

Health and environment, department of -- division

of health 11

Health care stabilization fund board of governors 81

Hearing aids, Kansas board of examiners in fitting

and dispensing of 68

Highway patrol, Kansas 15

Historical society, state 57

Human resources, department of 30

Human rights commission, Kansas 27

Indigents' defense services, state board of 7

Judicial branch 58

Judicial council 74

Juvenile justice authority 41

Kansas, Inc. 10

Kansas state university 48

Kansas state university extension systems and

agriculture research programs 50

Kansas state university veterinary medical center 49

Legislative coordinating council 85

Legislature 33

Library, state 31

Lieutenant governor 35

Lottery, Kansas 4

Mortuary arts, state board of 44

Nursing, board of 77

Optometry, board of examiners in 69

Parole board, Kansas 40

Pharmacy, state board of 70

Pittsburg state university 54

Public employees retirement system, Kansas 2

Racing and gaming commission, Kansas 5

Real estate appraisal board 24

Real estate commission, Kansas 25

Regents, state board of 45

Retirement system, Kansas public employees 2

Revenue, department of 3

Secretary of state 80

Securities commissioner of Kansas, office of the 26

Sentencing commission, Kansas 16

Social and rehabilitation services, department of 72

Tax appeals, state board of 75

Technical professions, state board of 78

Technology enterprise corporation 9

Transportation, department of 19

Treasurer, state 65

University of Kansas 46

University of Kansas medical center 47

Veterans affairs, Kansas commission on 60

Veterinary examiners, state board of 59

Water office, Kansas 64

Wichita state university 51

Wildlife and parks, department of 6

An Act making and concerning appropriations for the fiscal years ending June 30, 2003,

June 30, 2004, June 30, 2005, June 30, 2006, June 30, 2007, June 30, 2008, June 30,

2009, and June 30, 2010; authorizing certain transfers and fees, imposing certain restric-

tions and limitations and directing or authorizing certain receipts, disbursements, capital

improvements and acts incidental to the foregoing; amending K.S.A. 75-6702 and K.S.A.

2002 Supp. 79-3425c 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, 2004,

June 30, 2005, June 30, 2006, June 30, 2007, June 30, 2008, June 30,

2009, and June 30, 2010, appropriations are hereby made, restrictions

and limitations are hereby imposed, and transfers, fees, receipts, dis-

bursements 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 2003 and shall constitute the omnibus reconciliation spend-

ing limit bill for the 2003 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.


KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM

(a) On July 1, 2003, the expenditure limitation established by section

36(b) of 2003 Senate Bill No. 6 on the agency operations account of the

Kansas public employees retirement fund is hereby increased from

$6,701,285 to $6,755,476.

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

cial revenue fund or funds for the fiscal year or years specified, the fol-

lowing:

KPERS refund fund

For the fiscal year ending June 30, 2004$0

(c) During the fiscal year ending June 30, 2004, notwithstanding the

provisions of any other statute, the executive director of the Kansas public

employees retirement system shall determine and certify to the state trea-

surer, amounts from specified amounts of state employers contributions

which are attributable to the Kansas public employees retirement system,

the Kansas police and firemen's retirement system, and the retirement

system for judges, which equal $700,000 in the aggregate and which are

required to be credited to the KPERS refund fund for the purpose of

making the transfers and refunds prescribed by this subsection: Provided,

That, upon receipt of each such certification, the state treasurer shall

credit the amounts certified by the executive director of the Kansas public

employees retirement system from such state employer contributions to

the KPERS refund fund: Provided further, That, on or after July 1, 2003,

on the date during the fiscal year ending June 30, 2004, when sufficient

moneys have been credited to the KPERS refund fund pursuant to this

subsection in order to offset a like amount of moneys which have been

deposited in the Kansas public employees retirement fund to the credit

of the retirant dividend payment reserve pursuant to 2003 House Bill No.

2014 and which are determined to be no longer required for the purposes

of making payments from the retirement dividend payment reserve on

October 1, 2003, the executive director of the Kansas public employees

retirement system shall certify such matters to the director of accounts

and reports: And provided further, That, upon receipt of such certifica-

tion, the director of accounts and reports shall transfer all moneys cred-

ited to the KPERS refund fund to the state general fund: And provided

further, That the executive director of the Kansas public employees re-

tirement system shall transmit a copy of each certification made pursuant

to this subsection to the director of the legislative research department.

Sec. 3.


DEPARTMENT OF REVENUE

(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, 2004$216,071

(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 or indirect cost recoveries

authorized by law shall not exceed the following:

Photo fee fund

For the fiscal year ending June 30, 2004No limit
Provided, That expenditures may be made from the photo fee fund for

administration and operation of the driver license program and related

support operations in the division of administration of the department of

revenue, including costs of implementing 2003 Senate Bill No. 16 and

2003 House Bill No. 2192.

Estate tax abatement refund fund

For the fiscal year ending June 30, 2004No limit

(c) On the effective date of this act, the expenditure limitation estab-

lished by section 100(c) of 2003 Senate Bill No. 6 on the electronic da-

tabases fee fund is hereby increased from $6,592,103 to no limit.

(d) On July 1, 2003, the expenditure limitation established by section

42(b) of 2003 Senate Bill No. 6 on the division of vehicles operating fund

is hereby increased from $36,890,534 to no limit.

(e) (1) On July 1, 2003, October 1, 2003, January 1, 2004, and April 1,

2004, the director of accounts and reports shall transfer $350,806 from

the state highway fund of the department of transportation to the division

of vehicles operating fund of the department of revenue for the purpose

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

vehicles and related operations of the department of revenue.

(2) On or before June 30, 2007, during the fiscal year ending June 30,

2007, on a date certified by the director of the budget, the director of

accounts and reports shall transfer $16,986 from the state general fund

to the state highway fund of the department of transportation for the

purpose of repaying the amount of $16,986 transferred to the division of

vehicles operating fund pursuant to this subsection (e): 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

(e)(2), the director of the budget shall deliver a copy of such certification

to the director of the legislative research department.

(f) On July 1, 2003, or as soon thereafter as moneys are available, the

director of accounts and reports shall transfer $350,000 from the state

safety fund of the department of education to the division of vehicles

operating fund of the department of revenue for the purpose of financing

a portion of the cost of administration and operation of the driver license

program of the department of revenue.

(g) On the effective date of this act, of the $25,213,302 appropriated

for the above agency for the fiscal year ending June 30, 2004, by section

42(a) of 2003 Senate Bill No. 6 from the state general fund in the oper-

ating expenditures account, the sum of $3,350,000 is hereby lapsed.

(h) (1) During the fiscal year ending June 30, 2004, notwithstanding

the provisions of K.S.A. 41-507, 79-1112, 79-15,105, 79-15,113, 79-

32,105, 79-3379, 79-3620, 79-3710 and 79-4227 and amendments

thereto, section 42(b) of 2003 Senate Bill No. 6, or any other statute, the

amount of moneys credited to the suspense fund for the purpose of paying

liquor enforcement tax refunds, the privilege tax refund fund, the estate

tax abatement refund fund, the income tax refund fund, the cigarette tax

refund fund, the sales tax refund fund, the compensating tax refund fund,

and the mineral production tax refund fund, in the aggregate, shall not

exceed $424,500,000, subject to the provisions of subsection (h)(2): Pro-

vided, however, That any amount required to be credited to the income

tax refund fund for an approved payment of a homestead tax refund claim

shall be in addition to the aggregate limitation established by this sub-

section on the amounts credited during fiscal year 2004 to the suspense

fund for the purpose of paying liquor enforcement tax refunds, the priv-

ilege tax refund fund, the estate tax abatement refund fund, the income

tax refund fund, the cigarette tax refund fund, the sales tax refund fund,

the compensating tax refund fund, and the mineral production tax refund

fund.

(2) During the fiscal year ending June 30, 2004, upon request by the

secretary of revenue, in consultation with the director of taxation, and

approval by the governor, the amount of moneys credited during fiscal

year 2004 to the suspense fund for the purpose of paying liquor enforce-

ment tax refunds, the privilege tax refund fund, the estate tax abatement

refund fund, the income tax refund fund, the cigarette tax refund fund,

the sales tax refund fund, the compensating tax refund fund, and the

mineral production tax refund fund may exceed the aggregate limitation

established by this subsection (h) on the amounts credited during fiscal

year 2004 to the suspense fund for the purpose of paying liquor enforce-

ment tax refunds, the privilege tax refund fund, the estate tax abatement

refund fund, the income tax refund fund, the cigarette tax refund fund,

the sales tax refund fund, the compensating tax refund fund, and the

mineral production tax refund fund, by an additional amount or amounts

specified by the governor for the fund or funds specified by the governor

therefor: Provided, That the aggregate of all such additional amounts

authorized by the governor to be credited during fiscal year 2004 to such

fund or funds pursuant to this subsection (h)(2) shall not exceed

$50,000,000.

Sec. 4.


KANSAS LOTTERY

(a) In addition to the aggregate total of not less than $61,500,000 that

shall be transferred from the lottery operating fund to the state gaming

revenues fund during fiscal year 2003 as prescribed by section 43(e) of

2003 Senate Bill No. 6, an additional amount of not less than $1,000,000

shall be transferred from the lottery operating fund to the state gaming

revenues fund during the fiscal year ending June 30, 2003, for a new

aggregate amount of not less than $62,500,000 to be transferred from the

lottery operating fund to the state gaming revenues fund for fiscal year

2003 in monthly transfers concluding on or before July 15, 2003.

(b) On July 1, 2003, the expenditure limitation established by section

43(a) of 2003 Senate Bill No. 6 on the lottery operating fund is hereby

increased from $8,657,200 to $8,704,864.

(c) Notwithstanding provisions of K.S.A. 79-4801 and amendments

thereto and in addition to the requirements of section 43(e) of 2003 Sen-

ate Bill No. 6, on or after January 15, 2004, upon certification by the

executive director of the lottery, the director of accounts and reports shall

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

an amount of $500,000: Provided, That the director of accounts and re-

ports shall transfer immediately thereafter from the state gaming reve-

nues fund to the state general fund an amount of $500,000: Provided

further, That on or before June 15, 2004, the executive director of the

lottery shall certify to the director of accounts and reports the amount of

total profit attributed to the special veterans benefits game, reduced by

the $500,000 previously transferred: And provided further, That the di-

rector of accounts and reports shall transfer from the lottery operating

fund to the state gaming revenues fund such amount certified.

Sec. 5.


KANSAS RACING AND GAMING COMMISSION

(a) On July 1, 2003, the expenditure limitation established by section

44(a) of 2003 Senate Bill No. 6 on the state racing fund is hereby in-

creased from $3,015,318 to $3,041,501.

(b) On July 1, 2003, the amount of $500,000 authorized by section

44(g) of 2003 Senate Bill No. 6 to be transferred from the horse fair

racing benefit fund to the state general fund is hereby decreased to

$300,000.

Sec. 6.


DEPARTMENT OF WILDLIFE AND PARKS

(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, 2004$23,946

(b) On July 1, 2003, of the $3,189,583 appropriated for the above

agency for the fiscal year ending June 30, 2004, by section 83(a) of 2003

Senate Bill No. 6 from the state general fund in the operating expendi-

tures account, the sum of $30,000 is hereby lapsed.

(c) On the effective date of this act, the expenditure limitation estab-

lished by section 129(b) of chapter 204 of the 2002 Session Laws of Kan-

sas on the operations account of the wildlife fee fund is hereby increased

from $23,945,007 to $23,975,007.

(d) On July 1, 2003, the expenditure limitation established by section

83(b) of 2003 Senate Bill No. 6 on the wildlife fee fund is hereby in-

creased from $22,861,876 to $23,019,810.

(e) On July 1, 2003, the expenditure limitation established by section

83(b) of 2003 Senate Bill No. 6 on the boating fee fund is hereby in-

creased from $1,282,107 to $1,290,845.

(f) On July 1, 2003, the expenditure limitation established by section

83(b) of 2003 Senate Bill No. 6 on the parks fee fund is hereby increased

from $5,873,762 to $5,922,153.

(g) (1) The director of accounts and reports shall not make the transfer

of $1,500,000 from the state highway fund of the department of trans-

portation to the department access road fund of the department of wild-

life and parks which was directed to be made on July 1, 2004, by section

23(c) of 2003 House Bill No. 2426.

(2) On July 1, 2003, or as soon thereafter as moneys are available, the

director of accounts and reports shall transfer $1,500,000 from the state

highway fund of the department of transportation to the department ac-

cess road fund of the department of wildlife and parks.

(h) (1) The director of accounts and reports shall not make the transfer

of $200,000 from the state highway fund of the department of transpor-

tation to the bridge maintenance fund of the department of wildlife and

parks which was directed to be made on July 1, 2004, by section 23(d) of

2003 House Bill No. 2426.

(2) On July 1, 2003, or as soon thereafter as moneys are available, the

director of accounts and reports shall transfer $200,000 from the state

highway fund of the department of transportation to the bridge mainte-

nance fund of the department of wildlife and parks.

Sec. 7.


STATE BOARD OF INDIGENTS' DEFENSE SERVICES

(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
For the fiscal year ending June 30, 2004$582,078
Provided, That during the fiscal years ending June 30, 2003 and June 30,

2004, the executive director of the state board of indigents' defense serv-

ices, with the approval of the director of the budget, may transfer moneys

in the operating expenditures account or the state general fund to any

other item of appropriation from the state general fund for the state board

of indigents' defense services: Provided further, That the executive di-

rector shall certify each such transfer to the director of accounts and

reports and shall transmit a copy of each such certification to the director

of the legislative research department.

Capital defense operations

For the fiscal year ending June 30, 2004$9,826

Sec. 8.


DEPARTMENT OF COMMERCE

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

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

following:

Operating grant (including official hospitality)

For the fiscal year ending June 30, 2004$13,553,544
Provided, That any unencumbered balance in the operating grant (in-

cluding official hospitality) account in excess of $100 as of June 30, 2003,

is hereby reappropriated for fiscal year 2004: Provided further, That ex-

penditures may be made from the operating grant (including official hos-

pitality) account for loans pursuant to loan agreements which are hereby

authorized to be entered into by the secretary of commerce in accordance

with repayment provisions and other terms and conditions as may be

prescribed by the secretary therefor under the agricultural value added

center program: And provided further, That expenditures may be made

from the operating grant (including official hospitality) account for cer-

tified development companies that have been determined to be qualified

for grants by the secretary of commerce, except that expenditures for

such grants shall not be made for grants to more than 10 certified devel-

opment companies that have been determined to be qualified for grants

by the secretary of commerce: And provided further, That during fiscal

year 2004, expenditures made by the department of commerce from the

operating grant (including official hospitality) account of the state eco-

nomic development initiatives fund shall be made for the purpose of

achieving the following outcome measures:

Measure
Budget Year

Projection FY

2004

Jobs created by projects utilizing KDOC assistance5,745
Jobs retained by projects utilizing KDOC assistance4,950
Payroll generated by projects utilizing KDOC assistance$338,539,160
Capital investment in Kansas resulting from projects utilizing

KDOC assistance

$842,200,000
Funds leveraged through match in projects utilizing KDOC assistance$32,143,719
Individuals trained through workforce development programs9,468
Sales generated by projects utilizing KDOC assistance$53,290,000
Increase in visitation resulting from KDOC tourism promotion

efforts

332,150
Tourism revenue generated as a result of KDOC tourism promotion$32,494,970
Kansans served with counseling, technical assistance or business

services

4,462
Number of communities receiving community assistance services298

(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:

Publication and other sales fund

For the fiscal year ending June 30, 2004No limit
Conversion of equipment and materials fund

For the fiscal year ending June 30, 2004No limit
Conference registration and disbursement fund

For the fiscal year ending June 30, 2004 No limit
Kansas venture capital companies certificate fee fund

For the fiscal year ending June 30, 2004No limit
Trademark fund

For the fiscal year ending June 30, 2004No limit
Flood mitigation assistance federal fund

For the fiscal year ending June 30, 2004No limit
Trade show promotion fund

For the fiscal year ending June 30, 2004No limit
Kansas tourist attraction matching grant development fund

For the fiscal year ending June 30, 2004No limit
Greyhound tourism fund

For the fiscal year ending June 30, 2004No limit
Reimbursement and recovery fund

For the fiscal year ending June 30, 2004No limit
Community development block grant--federal fund

For the fiscal year ending June 30, 2004No limit
Community development block grant--federal fund--

revolving loan account

For the fiscal year ending June 30, 2004.No limit
Other federal grants fund

For the fiscal year ending June 30, 2004No limit
Provided, That the above agency is authorized to make expenditures from

the other federal grants fund of any moneys credited to this fund from

any individual grant if the grant is: (1) Less than or equal to $250,000 in

the aggregate, and (2) does not require the matching expenditure of any

other moneys in the state treasury during fiscal year 2004 other than

moneys appropriated by this or other appropriation act of the 2003 reg-

ular session of the legislature: Provided, however, That, upon application

to and authorization by the governor, the above agency may make ex-

penditures of moneys credited to this fund from any individual federal

grant which is more than $250,000 in the aggregate or which requires the

matching expenditure of moneys in the state treasury during the fiscal

year 2004, other than moneys appropriated by this or other appropriation

act of the 2003 regular session of the legislature.

National main street center fund

For the fiscal year ending June 30, 2004No limit
IMPACT program services fund

For the fiscal year ending June 30, 2004No limit
IMPACT program repayment fund

For the fiscal year ending June 30, 2004No limit
Kansas partnership fund

For the fiscal year ending June 30, 2004No limit
Provided, That the interest rate on any loan made from the Kansas part-

nership fund shall be annually indexed to the federal discount rate.

Goodyear bond repayment fund

For the fiscal year ending June 30, 2004No limit
Provided, That, on July 1, 2003, or as soon thereafter as moneys are

available, the director of the division of accounts and reports shall transfer

from the state general fund to the Goodyear bond repayment fund an

amount sufficient to pay annual debt service on the bond obligations

authorized pursuant to K.S.A. 74-8942 through 74-8945 and amendments

thereto as certified by the secretary of commerce, in accordance with and

subject to the provisions of K.S.A. 74-8943 and amendments thereto.

General fees fund

For the fiscal year ending June 30, 2004No limit
Provided, That expenditures may be made from the general fees fund for

loans pursuant to loan agreements which are hereby authorized to be

entered into by the secretary of commerce in accordance with repayment

provisions and other terms and conditions as may be prescribed by the

secretary therefor under programs of the department.

Market development fund

For the fiscal year ending June 30, 2004No limit
Provided, That expenditures may be made from the market development

fund for loans pursuant to loan agreements which are hereby authorized

to be entered into by the secretary of commerce in accordance with re-

payment provisions and other terms and conditions as may be prescribed

by the secretary therefor under the agricultural value added center pro-

gram: Provided further, That all moneys received by the department of

commerce for repayment of loans made under the agricultural value

added center program shall be deposited in the state treasury and cred-

ited to this fund.

Kansas economic opportunity initiatives fund

For the fiscal year ending June 30, 2004No limit
Kansas existing industry expansion fund

For the fiscal year ending June 30, 2004No limit
Provided, That expenditures may be made from the Kansas existing in-

dustry expansion fund for loans pursuant to loan agreements which are

hereby authorized to be entered into by the secretary of commerce in

accordance with repayment provisions and other terms and conditions as

may be prescribed by the secretary therefor under the Kansas existing

industry expansion program: Provided further, That all moneys received

by the department of commerce for repayment of loans made under the

Kansas existing industry expansion program shall be deposited in the state

treasury and credited to this fund.

(c) The secretary of commerce is hereby authorized to fix, charge and

collect fees during the fiscal year ending June 30, 2004, for (1) the pro-

vision and administration of conferences held for the purposes of pro-

grams and activities of the department of commerce and for which fees

are not specifically prescribed by statute, (2) sale of Kansas! magazine

and other publications of the department of commerce and for sale of

educational and other promotional items and for which fees are not spe-

cifically prescribed by statute, and (3) promotional and other advertising

and related economic development activities and services provided under

economic development programs and activities of the department of com-

merce, including those provided at tourist information centers: Provided,

That such fees shall be fixed in order to recover all or part of the operating

expenses incurred in providing such services, conferences, publications

and items, advertising and other economic development activities and

services provided under economic development programs and activities

of the department of commerce for which fees are not specifically pre-

scribed by statute: Provided further, That all such fees shall be credited

to one or more special revenue funds of the department of commerce as

specified by the secretary of commerce: And provided further, That ex-

penditures may be made from such special revenue funds of the depart-

ment of commerce for fiscal year 2004, in accordance with the provisions

of this or other appropriation act of the 2003 regular session of the leg-

islature, for operating expenses incurred in providing such services, con-

ferences, publications and items, advertising, programs and activities and

for operating expenses incurred in providing similar economic develop-

ment activities and services provided under economic development pro-

grams and activities of the department of commerce.

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

made by the department of commerce from moneys appropriated from

the state general fund or any special revenue fund for fiscal year 2004 for

the department of commerce as authorized by this or other appropriation

act of the 2003 regular session of the legislature, expenditures may be

made by the department of commerce for fiscal year 2004 for official

hospitality.

(e) On August 15, 2003, and December 15, 2003, or as soon thereafter

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

$1,487,500 from the state economic development initiatives fund to the

Kansas economic opportunity initiatives fund of the department of com-

merce.

(f) On August 15, 2003, and December 15, 2003, or as soon after each

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

shall transfer $211,623 from the state economic development initiatives

fund to the Kansas existing industry expansion fund of the department of

commerce.

(g) On or after July 1, 2003, during the fiscal year ending June 30, 2004,

the director of accounts and reports shall transfer the amount or amounts

specified by the secretary of commerce from the Kansas venture capital

companies certificate fee fund to the general fees fund to reimburse the

amount expended from the general fees fund for consulting services pur-

chased by the department of commerce in connection with establishing

a program to administer the certified capital formation company act.

(h) On July 1, 2003, the director of accounts and reports shall transfer

all moneys in the Kansas export loan guarantee fund of the department

of commerce to the state economic development initiatives fund. On July

1, 2003, all liabilities of the Kansas export loan guarantee fund of the

department of commerce, including any encumbrances, are hereby trans-

ferred to and imposed on the state economic development initiatives fund

and the Kansas export loan guarantee fund of the department of com-

merce, is hereby abolished.

(i) The number of full-time and regular part-time positions equated to

full-time, paid from appropriations for fiscal year 2004, made in this or

other appropriation act of the 2003 regular session of the legislature for

the department of commerce shall not exceed 108.5 except upon approval

of the state finance council.

Sec. 9.


KANSAS TECHNOLOGY ENTERPRISE CORPORATION

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

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

following:

Operations, assistance and grants (including official hospitality)

For the fiscal year ending June 30, 2004$10,948,486
Provided, That any unencumbered balance in the operations, assistance

and grants (including official hospitality) account as of June 30, 2003, is

hereby reappropriated for fiscal year 2004.

(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:

MAMTC federal fund

For the fiscal year ending June 30, 2004No limit
KTEC special revenue fund

For the fiscal year ending June 30, 2004No limit

(c) No moneys appropriated for the fiscal year or years specified, by

this or other appropriation act of the 2003 regular session of the legisla-

ture for the Kansas technology enterprise corporation shall be expended

for any bonus or other payment of additional compensation for any officer

or employee of the Kansas technology enterprise corporation, or any sub-

sidiary corporation, agency or instrumentality thereof, except longevity

bonus payments pursuant to K.S.A. 75-5541 and amendments thereto or

as otherwise specifically authorized by statute.

Sec. 10.


KANSAS, INC.

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

development initiatives fund for the fiscal year ending June 30, 2004, the

following:

Operations (including official hospitality)$203,162

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

cial revenue fund or funds for the fiscal year ending June 30, 2004, 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, Inc., matching fundNo limit
Conversion of materials and equipment fundNo limit

(c) The number of full-time and regular part-time positions equated to

full-time, paid from appropriations for fiscal year 2004, made in this or

other appropriation act of the 2003 regular session of the legislature for

Kansas, Inc., shall not exceed 4.0 except upon approval of the state finance

council.

Sec. 11.


DEPARTMENT OF HEALTH AND ENVIRONMENT--

DIVISION OF HEALTH


(a) On July 1, 2003, of the $7,268,760 appropriated for the above

agency for the fiscal year ending June 30, 2004, by section 47(a) of 2003

Senate Bill No. 6 from the state general fund in the operating expendi-

tures (including official hospitality) account, the sum of $218,737 is

hereby lapsed.

(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:

Gifts, grants and donations fund--environment

For the fiscal year ending June 30, 2004No limit
Special bequest fund--health

For the fiscal year ending June 30, 2004No limit
Child injury prevention--federal fund

For the fiscal year ending June 30, 2004 No limit
Civil registration and health statistics fee fund

For the fiscal year ending June 30, 2004No limit

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

made by the department of health and environment--division of health

from moneys appropriated from the district coroners fund for fiscal year

2004, as authorized by this or other appropriation act of the 2003 regular

session of the legislature, and notwithstanding the provisions of K.S.A.

22a-245 and amendments thereto, or any other statute, expenditures may

be made by the department of health and environment--division of

health from such moneys appropriated from the district coroners fund

for fiscal year 2004 pursuant to K.S.A. 22a-242 and amendments thereto.

(d) On July 1, 2003, the position limitation established for the fiscal

year ending June 30, 2004, by section 85(a) of 2003 Senate Bill No. 6 for

the department of health and environment is hereby increased from 876.5

to 888.5.

(e) On July 1, 2003, the director of accounts and reports shall transfer

$180,000 from the health care stabilization fund of the health care sta-

bilization fund board of governors to the health facilities review fund of

the department of health and environment for the purpose of financing

a review of records of licensed medical care facilities and an analysis of

quality of health care services provided to assist in correcting substandard

services and to reduce the incidence of liability resulting from the ren-

dering of health care services and implementing the risk management

provisions of K.S.A. 65-4922 et seq., and amendments thereto.

Sec. 12.


DEPARTMENT OF HEALTH AND ENVIRONMENT--

DIVISION OF ENVIRONMENT


(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, 2004$89,412

(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:

Mined-land reclamation fund

For the fiscal year ending June 30, 2004No limit
104 (6) (1) outreach operator training program--federal fund

For the fiscal year ending June 30, 2004No limit
Underground storage tank fund--federal

For the fiscal year ending June 30, 2004No limit
Federal EPA underground injection control fund

For the fiscal year ending June 30, 2004No limit
Laboratory medicaid cost recovery fund--environment

For the fiscal year ending June 30, 2004No limit
Medicare fund--federal

For the fiscal year ending June 30, 2004No limit
Venereal disease control project fund--federal

For the fiscal year ending June 30, 2004No limit
Disease prevention and health promotion federal grants fund

For the fiscal year ending June 30, 2004No limit
Federal homeland security fund

For the fiscal year ending June 30, 2004No limit
Immunization grant funds--federal fund

For the fiscal year ending June 30, 2004No limit
Diagnostic X-ray program--federal fund

For the fiscal year ending June 30, 2004No limit
Lead poisoning prevention--federal fund

For the fiscal year ending June 30, 2004No limit
AIDS project--education and risk reduction fund--federal

For the fiscal year ending June 30, 2004No limit
Environmental control use fund

For the fiscal year ending June 30, 2004No limit

Sec. 13.


ADJUTANT GENERAL

(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, 2004$21,932
Civil air patrol--operating expenditures

For the fiscal year ending June 30, 2004$179
2002 ice storm disaster relief

For the fiscal year ending June 30, 2004$49

Sec. 14.


STATE FIRE MARSHAL

(a) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 71(a) of 2003 Senate Bill No. 6 on

the fire marshal fee fund is hereby increased from $2,842,738 to

$2,869,313.

(b) On July 1, 2003, the expenditure limitation established by section

71(a) of 2003 Senate Bill No. 6 on the hazardous material program fund

is hereby increased from $419,239 to $421,000.

Sec. 15.


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, 2004$95,607

(b) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 73(b) of 2003 Senate Bill No. 6 on

the motor carrier inspection fund is hereby increased from $11,760,425

to $11,822,771.

(c) On January 1, 2004, or as soon thereafter as moneys are available,

the director of accounts and reports shall transfer $500,000 from the

Kansas highway patrol motor vehicle fund to the state general fund: Pro-

vided, That the transfer of such amount shall be in addition to any other

transfer from the Kansas highway patrol motor vehicle fund to the state

general fund as prescribed by law: Provided further, That the amount

transferred from the Kansas highway patrol motor vehicle fund 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 Kansas highway patrol by other agencies

which receive appropriations from the state general fund to provide such

services.

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

made by the Kansas highway patrol from the moneys appropriated from

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

2004 as authorized by this or other appropriation act of the 2003 regular

session of the legislature, expenditures shall be made by the Kansas high-

way patrol from moneys appropriated from the state general fund from

any special revenue fund for fiscal year 2004 to provide for the issuance

of bonds by the Kansas development finance authority in accordance with

K.S.A. 74-8905 and amendments thereto to finance a capital improve-

ment project to acquire the vehicle inspection facility in Olathe, Kansas:

Provided, That such capital improvement project is hereby approved for

the Kansas highway patrol for the purpose 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 the Kansas highway patrol may make

expenditures from the moneys received 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 $510,800,

plus all the amounts required for cost of bond issuance, costs of interest

on the bonds issued for such capital improvement 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 pro-

vided further, That debt service for any such bonds for such capital im-

provement project shall be financed by appropriations from the state gen-

eral fund or any appropriate special revenue fund or funds.

Sec. 16.


KANSAS SENTENCING COMMISSION

(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, 2004$2,838
Substance abuse treatment programs

For the fiscal year ending June 30, 2004$3,883,577

(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:

Coverdell forensic federal grant fund

For the fiscal year ending June 30, 2003No limit
General fees fund

For the fiscal year ending June 30, 2004No limit
Provided, That expenditures from the general fees fund shall be made

only for implementation of 2003 Senate Bill No. 123.

[(+)]

Sec. 17.


ATTORNEY GENERAL--KANSAS BUREAU OF INVESTIGATION

(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, 2004$109,228

(b) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 74(b) of 2003 Senate Bill No. 6 on

the private detective fee fund is hereby increased from $56,812 to

$57,352.

(c) During the fiscal years ending June 30, 2003, and June 30, 2004,

the above agency shall not increase the fees charged to the department

of health and environment for the purpose of conducting criminal history

record checks during fiscal year 2004.

Sec. 18.


EMERGENCY MEDICAL SERVICES BOARD

(a) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 75(a) of 2003 Senate Bill No. 6 on

the emergency medical services operating fund is hereby increased from

$868,974 to $876,368.

Sec. 19.


DEPARTMENT OF TRANSPORTATION

(a) On the July 1, 2003, October 1, 2003, January 1, 2004, and April 1,

2004, the amount of $2,768,756 authorized by section 73(f) of Senate Bill

No. 6 to be transferred by the director of accounts and reports from the

state highway fund of the department of transportation to the motor car-

rier inspection fund of the Kansas highway patrol for the purpose of

financing the motor carrier inspection program of the Kansas highway

patrol is hereby increased to $2,784,343.

(b) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 84(b) of 2003 Senate Bill No. 6 on

expenditures for agency operations from the state highway fund of the

department of transportation is hereby increased from $238,766,367 to

$240,363,407.

(c) (1) On July 1, 2003, the director of accounts and reports shall trans-

fer $95,607 from the state highway fund of the department of transpor-

tation to the state general fund.

(2) On or before June 30, 2007, during the fiscal year ending June 30,

2007, on a date certified by the director of the budget, the director of

accounts and reports shall transfer $23,901.75 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 subsection (c)(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 (c)(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, during the fiscal year ending June 30,

2008, on a date certified by the director of the budget, the director of

accounts and reports shall transfer $23,901.75 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 subsection (c)(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 (c)(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, during the fiscal year ending June 30,

2009, on a date certified by the director of the budget, the director of

accounts and reports shall transfer $23,901.75 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 subsection (c)(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 (c)(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, during the fiscal year ending June 30,

2010, on a date certified by the director of the budget, the director of

accounts and reports shall transfer $23,901.75 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 subsection (c)(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 (c)(5), the director of the budget shall deliver a copy of such

certification to the director of the legislative research department.

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

made by the department of transportation from moneys appropriated

from the agency operations account of the state highway fund for fiscal

year 2004 for the department of transportation as authorized by this or

other appropriation act of the 2003 regular session of the legislature,

expenditures shall be made by the department of transportation from

moneys appropriated in the agency operations account of the state high-

way fund for fiscal year 2004 to work cooperatively with the Kansas con-

gressional delegation to obtain a state-specific change in federal law to

permit the use of over-length cotton double module hauling vehicles on

the national highway system in Kansas.

Sec. 20.


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 post-release

supervision operations

For the fiscal year ending June 30, 2004$436,335
Community corrections

For the fiscal year ending June 30, 2004$1,141,340
Treatment and programs

For the fiscal year ending June 30, 2004$4,967
Ellsworth correctional facility--facilities operations

For the fiscal year ending June 30, 2004$96,704
El Dorado correctional facility--facilities operations

For the fiscal year ending June 30, 2004$195,745
Hutchinson correctional facility--facilities operations

For the fiscal year ending June 30, 2004$233,092
Lansing correctional facility--facilities operations

For the fiscal year ending June 30, 2004$318,453
Larned correctional mental health facility--facilities operations

For the fiscal year ending June 30, 2004$76,150
Norton correctional facility--facilities operations

For the fiscal year ending June 30, 2004$113,848
Topeka correctional facility--facilities operations

For the fiscal year ending June 30, 2004$97,697
Winfield correctional facility--facilities operations

For the fiscal year ending June 30, 2004$85,514

(b) On July 1, 2003, of the $10,538,688 appropriated for the above

agency for the fiscal year ending June 30, 2004, by section 68(a) of 2003

Senate Bill No. 6 from the state general fund in the facilities operations

account, the sum of $1,049,000 is hereby lapsed.

(c) On the effective date of this act, of the $13,470,469 appropriated

for the above agency for the fiscal year ending June 30, 2003, by section

113(a) of chapter 204 of the 2002 Session Laws of Kansas from the state

general fund in the central administration operations and parole and post-

release supervision operations account, the sum of $139,125 is hereby

lapsed.

(d) On the effective date of this act, of the $31,527,900 appropriated

for the above agency for the fiscal year ending June 30, 2003, by section

113(a) of chapter 204 of the 2002 Session Laws of Kansas from the state

general fund in the treatment and programs account, the sum of $531,000

is hereby lapsed.

(e) On the effective date of this act, of the $1,334,000 appropriated for

the above agency for the fiscal year ending June 30, 2003 by section 138(a)

of chapter 204 of the 2002 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 $18,000 is hereby lapsed.

(f) On the effective date of this act, of the $4,946,000 appropriated for

the above agency for the fiscal year ending June 30, 2003, by section

138(a) of chapter 204 of the 2002 Session Laws of Kansas from the state

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

issues account, the sum of $39,000 is hereby lapsed.

(g) On July 1, 2003, of the $2,605,000 appropriated for the above

agency for the fiscal year ending June 30, 2004, by section 68(a) of 2003

Senate Bill No. 6 from the state general fund in the local jail payments

account, the sum of $644,000 is hereby lapsed.

(h) On July 1, 2003, the position limitation established for the fiscal

year ending June 30, 2004, by section 85(a) of 2003 Senate Bill No. 6 for

the department of corrections is hereby increased from 3132.5 to 3135.5.

[(+)]

Sec. 22.


STATE BANK COMMISSIONER

(a) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 4(a) of 2003 Senate Bill No. 6 on

the bank commissioner fee fund is hereby increased from $5,720,490 to

$5,778,242.

(b) On July 1, 2004, the expenditure limitation established for the fiscal

year ending June 30, 2005, by section 4(a) of 2003 Senate Bill No. 6 on

the bank commissioner fee fund is hereby increased from $5,997,892 to

$6,065,455.

Sec. 23.


STATE DEPARTMENT OF CREDIT UNIONS

(a) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 9(a) of 2003 Senate Bill No. 6 on

the credit union fee fund is hereby increased from $821,258 to $829,966.

(b) On July 1, 2004, the expenditure limitation established for the fiscal

year ending June 30, 2005, by section 9(a) of 2003 Senate Bill No. 6 on

the credit union fee fund is hereby increased from $888,964 to $898,833.

Sec. 24.


REAL ESTATE APPRAISAL BOARD

(a) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 16(a) of 2003 Senate Bill No. 6 on

the appraiser fee fund is hereby increased from $221,439 to $222,979.

(b) On July 1, 2004, the expenditure limitation established for the fiscal

year ending June 30, 2005, by section 16(a) of 2003 Senate Bill No. 6 on

the appraiser fee fund is hereby increased from $240,724 to $242,512.

Sec. 25.


KANSAS REAL ESTATE COMMISSION

(a) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 17(a) of 2003 Senate Bill No. 6 on

the real estate fee fund is hereby increased from $711,117 to $717,134.

(b) On July 1, 2004, the expenditure limitation established for the fiscal

year ending June 30, 2005, by section 17(a) of 2003 Senate Bill No. 6 on

the real estate fee fund is hereby increased from $784,379 to $791,230.

Sec. 26.


OFFICE OF THE SECURITIES COMMISSIONER OF KANSAS

(a) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 18(a) of 2003 Senate Bill No. 6 on

the securities act fee fund is hereby increased from $2,006,310 to

$2,026,744.

(b) On July 1, 2004, the expenditure limitation established for the fiscal

year ending June 30, 2005, by section 18(a) of 2003 Senate Bill No. 6 on

the securities act fee fund is hereby increased from $2,168,700 to

$2,191,848.

Sec. 27.


KANSAS HUMAN RIGHTS COMMISSION

(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, 2004$10,574

Sec. 28.


STATE CORPORATION COMMISSION

(a) On July 1, 2003, the aggregate expenditure limitation for the fiscal

year ending June 30, 2004, established by section 38(b) of 2003 Senate

Bill No. 6 on the public service regulation fund, the conservation fee fund,

and the motor carrier license fee fund is hereby increased from

$12,882,684 to $13,029,693.

Sec. 29.


CITIZENS' UTILITY RATEPAYER BOARD

(a) On July 1, 2003, the expenditure limitation for the fiscal year ending

June 30, 2004, established by section 39(a) of 2003 Senate Bill No. 6 on

the utility regulatory fee fund is hereby increased from $580,552 to

$584,212.

Sec. 30.


DEPARTMENT OF HUMAN RESOURCES

(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, 2004$14,716

(b) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 45(b) of 2003 Senate Bill No. 6 on

the workmen's compensation fee fund is hereby increased from

$9,481,593 to $9,562,517.

(c) On July 1, 2003, the expenditure limitation established by section

45(b) of 2003 Senate Bill No. 6 on the occupational health and safety--

federal fund is hereby increased from $592,449 to $597,565.

(d) On July 1, 2003, the expenditure limitation established by section

45(b) of 2003 Senate Bill No. 6 on the federal indirect cost offset fund is

hereby increased from $314,049 to $317,787.

Sec. 31.


STATE LIBRARY

(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, 2004$11,422

Sec. 32.


KANSAS ARTS COMMISSION

(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, 2004$3,291

Sec. 33.


LEGISLATURE

(a) Notwithstanding the provisions of subsection (a) or subsection (b)

of section 25 of 2003 Senate Bill No. 6, expenditures shall be made by

the legislature from the operating expenditures (including official hospi-

tality) account of the state general fund or from the legislative special

revenue fund of the legislature for any meeting of the joint committee

on state building construction called in accordance with the provisions of

K.S.A. 46-1701 and amendments thereto.

Sec. 34.


GOVERNOR'S DEPARTMENT

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

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

Governor's department

For the fiscal year ending June 30, 2004$15,066

Sec. 35.


LIEUTENANT GOVERNOR

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

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

Operations

For the fiscal year ending June 30, 2004$928

Sec. 36.


DEPARTMENT OF ADMINISTRATION

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

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

General administration

For the fiscal year ending June 30, 2004$14,280
Department of administration systems

For the fiscal year ending June 30, 2004$21,340
Accounting and reporting services

For the fiscal year ending June 30, 2004$12,390
Personnel services

For the fiscal year ending June 30, 2004$26,606
Purchasing

For the fiscal year ending June 30, 2004$9,516
Facilities management

For the fiscal year ending June 30, 2004$18,613
Budget analysis

For the fiscal year ending June 30, 2004$12,702
Long-term care ombudsman

For the fiscal year ending June 30, 2004$991

(b) On July 1, 2003, the expenditure limitation established by section

40(b) of 2003 Senate Bill No. 6 on the cafeteria benefits fund for salaries

and wages and other operating expenditures is hereby increased from

$2,086,924 to $2,095,041.

(c) On July 1, 2003, of the $1,860,071 appropriated for the above

agency for the fiscal year ending June 30, 2004, by section 40(a) of 2003

Senate Bill No. 6 from the state general fund in the public broadcasting

council grants account, the sum of $47,055 is hereby lapsed.

(d) On July 1, 2003, the position limitation established for the fiscal

year ending June 30, 2004, by section 85 (a) of 2003 Senate Bill No. 6

for the department of administration is hereby increased from 887.2 to

888.2.

[(+)]

[(+)]

Sec. 37. (a)(1) On July 1, 2003, the amount in each account of the state

general fund of each state agency that is appropriated for the fiscal year

ending June 30, 2004 by this or other appropriation act of the 2003 regular

session of the legislature and that is budgeted for increased KANS-A-N

long distance rates as certified by the director of the budget to the director

of accounts and reports for fiscal year 2004, is hereby lapsed from such

account.

(2) On July 1, 2003, or as soon thereafter as moneys are available, 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, 2004 by this or other appropriation act of

the 2003 regular session of the legislature and that is budgeted for in-

creased KANS-A-N long distance rates as certified by the director of the

budget to the director of accounts and reports for fiscal year 2004, from

such special revenue fund or account thereof, to the state general fund:

Provided, That the amounts transferred from special revenue funds to

the state general fund pursuant to this subsection (a) (2) are 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.

(3) The total of (A) the aggregate amount lapsed from all such accounts

of the state general fund for fiscal year 2004 by subsection (a) (1), and

(B) the aggregate amount transferred from all such special revenue funds

and accounts to the state general fund during fiscal year 2004 pursuant

to subsection (a) (2), shall not exceed $710,000.

(4) In determining the amount budgeted for each state agency for in-

creased KANS-A-N long distance rates for the fiscal year ending June 30,

2004, in each account of the state general fund of such state agency that

is appropriated for fiscal year 2004, and in each account of each special

revenue fund of such state agency that is appropriated for fiscal year 2004,

for the purposes of making the certification to the director of accounts

and reports prescribed by subsection (a), the director of the budget shall

review the information contained in the budget estimates submitted by

state agencies for fiscal year 2004, the recommendations thereon by the

governor, and the bills, reports and other legislative documentation of

legislative action on such budget estimates and recommendations for fis-

cal year 2004 for such state agencies and may consider additional infor-

mation, and may apply appropriate analyses and prorations to determine

the amounts to be certified under this subsection (a), subject to the max-

imum aggregate amount prescribed therefor and any applicable federal,

state and other statutory or contract restrictions: 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 (a), the

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

director of the legislative research department.

Sec. 38. (a) (1) On July 1, 2003, the amount in each account of the

state general fund of each state agency that is appropriated for the fiscal

year ending June 30, 2004, by this or other appropriation act of the 2003

regular session of the legislature and that is determined by the director

of the budget in accordance with the provisions of subsection (a)(2) to

constitute savings attributable to the state agency's participation in the

state setoff program under K.S.A. 75-6201 through 75-6215, and amend-

ments thereto, and is certified by the director of the budget to the director

of accounts and reports for fiscal year 2004, is hereby lapsed from such

account.

(2) In determining the amount that constitutes savings attributable to

a state agency's participation in the state setoff program under K.S.A. 75-

6201 through 75-6215, and amendments thereto, for the fiscal year end-

ing June 30, 2004, in each account of the state general fund of such state

agency that is appropriated for fiscal year 2004, for the purposes of mak-

ing the certification to the director of accounts and reports prescribed by

subsection (a)(1), the director of the budget shall review the information

contained in the budget estimates submitted by state agencies for fiscal

year 2004, the recommendations thereon by the governor, and the bills,

reports and other legislative documentation of legislative action on such

budget estimates and recommendations for fiscal year 2004 for such state

agencies and may consider additional information, and may apply appro-

priate analyses and prorations to determine the amounts to be certified

under this subsection (a), subject to the maximum aggregate amount pre-

scribed under subsection (c) therefor and any applicable federal, state

and other statutory or contract restrictions: 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 subsection (a)(1), the director of

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

legislative research department.

(b) (1) On July 1, 2003, the amount in each account of the state general

fund of each state agency that is appropriated for the fiscal year ending

June 30, 2004, by this or other appropriation act of the 2003 regular

session of the legislature and that is budgeted for payments to the state

motor pool for expenses related to commuting as determined and certi-

fied by the director of the budget to the director of accounts and reports

for fiscal year 2004, is hereby lapsed from such account.

(2) In determining the amount budgeted for each state agency for pay-

ments to the state motor pool for expenses related to commuting for the

fiscal year ending June 30, 2004, in each account of the state general fund

of such state agency that is appropriated for fiscal year 2004, and in each

account of each special revenue fund of such state agency that is appro-

priated for fiscal year 2004, for the purposes of making the certification

to the director of accounts and reports prescribed by subsection (b)(1),

the director of the budget shall review the information contained in the

budget estimates submitted by state agencies for fiscal year 2004, the

recommendations thereon by the governor, and the bills, reports and

other legislative documentation of legislative action on such budget esti-

mates and recommendations for fiscal year 2004 for such state agencies

and may consider additional information, and may apply appropriate anal-

yses and prorations to determine the amounts to be certified under sub-

section (b)(1), subject to the maximum aggregate amount prescribed by

subsection (c) therefor and any applicable federal, state and other statu-

tory or contract restrictions: 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 subsection (b)(1), the director of the budget

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

research department.

(c) The total of (A) the aggregate amount lapsed from all such accounts

of the state general fund for fiscal year 2004 by subsection (a)(1), and (B)

the aggregate amount lapsed from all such accounts of the state general

fund for fiscal year 2004 by subsection (b)(1), shall not exceed $500,000.

Sec. 39.


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 3(a) of 2003

House Bill No. 2026 on the board of barbering fee fund is hereby in-

creased from $113,266 to $128,256.

(b) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 5(a) of 2003 Senate Bill No. 6 on

the board of barbering fee fund is hereby increased from $108,200 to

$124,092.

(c) On July 1, 2004, the expenditure limitation established for the fiscal

year ending June 30, 2005, by section 5(a) of 2003 Senate Bill No. 6 on

the board of barbering fee fund is hereby increased from $116,147 to

$117,076.

Sec. 40.


KANSAS PAROLE BOARD

(a) On the effective date of this act, of the $531,640 appropriated for

the above agency for the fiscal year ending June 30, 2003, by section

117(a) of chapter 204 of the 2002 Session Laws of Kansas from the state

general fund in the parole from adult correctional institutions account,

the sum of $14,805 is hereby lapsed.

(b) On July 1, 2003, of the $486,102 appropriated for the above agency

for the fiscal year ending June 30, 2004, by section 72(a) of 2003 Senate

Bill No. 6 from the state general fund in the parole from adult correctional

institutions account, the sum of $57,157 is hereby lapsed.

Sec. 41.


JUVENILE JUSTICE AUTHORITY

(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, 2004$21,324
Management information systems

For the fiscal year ending June 30, 2004$5,321
Topeka juvenile correctional facility operations

For the fiscal year ending June 30, 2004$103,128
Beloit juvenile correctional facility operations

For the fiscal year ending June 30, 2004$37,048
Atchison juvenile correctional facility operations

For the fiscal year ending June 30, 2004$42,063
Larned juvenile correctional facility operations

For the fiscal year ending June 30, 2004$59,295

(b) During the fiscal year ending June 30, 2004, in any case where an

allotment system has been applied during fiscal year 2004 to appropria-

tions of the juvenile justice authority from the children's initiative fund

for fiscal year 2004 for intervention and graduated sanctions community

grants, pursuant to K.S.A. 75-3722 and amendments thereto, and any

local district receiving an intervention and graduated sanctions commu-

nity grant has such grant reduced under such allotment which causes any

reduction in the core programming of such local district, such local district

may make expenditures for such core programming from moneys re-

ceived from moneys appropriated from the children's initiatives fund for

fiscal year 2004 for the juvenile justice authority for prevention program

grants, notwithstanding any provision of any statute or any grant agree-

ment to the contrary.

Sec. 42.


BOARD OF ACCOUNTANCY

(a) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 3(a) of 2003 Senate Bill No. 6 on

the accountancy fee fund is hereby increased from $229,318 to $230,875.

(b) On July 1, 2004, the expenditure limitation established for the fiscal

year ending June 30, 2005, by section 3(a) of 2003 Senate Bill No. 6 on

the board of accountancy fee fund is hereby increased from $247,178 to

$248,947.

Sec. 43.


KANSAS STATE BOARD OF COSMETOLOGY

(a) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 8(a) of 2003 Senate Bill No. 6 on

the cosmetology fee fund is hereby increased from $646,361 to $651,297.

(b) On July 1, 2004, the expenditure limitation established for the fiscal

year ending June 30, 2005, by section 8(a) of 2003 Senate Bill No. 6 on

the cosmetology fee fund is hereby increased from $709,827 to $715,727.

Sec. 44.


STATE BOARD OF MORTUARY ARTS

(a) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 11(a) of 2003 Senate Bill No. 6 on

the mortuary arts fee fund is hereby increased from $213,457 to $215,248.

(b) On July 1, 2004, the expenditure limitation established for the fiscal

year ending June 30, 2005, by section 11(a) of 2003 Senate Bill No. 6 on

the mortuary arts fee fund is hereby increased from $232,754 to $234,785.

Sec. 45.


STATE BOARD OF REGENTS

(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, 2004$67,716
Operating grant

For the fiscal year ending June 30, 2004$5,686,713
Provided, That the state board of regents is hereby authorized to transfer

moneys from this account to the appropriate accounts of the state general

fund of any state educational institution under the control and supervision

of the state board of regents.

National guard educational assistance

For the fiscal year ending June 30, 2004$250,000
For the fiscal year ending June 30, 2005$250,000
Alternative teacher certification

For the fiscal year ending June 30, 2004$450,000
Provided, That the state board of regents is hereby authorized to transfer

moneys from this account to an account or accounts of the restricted fees

fund of Emporia state university, Fort Hays state university or Pittsburg

state university.

Comprehensive grant program

For the fiscal year ending June 30, 2004$711,000
Payment to KPERS

For the fiscal year ending June 30, 2004$2,000,000
Southwest Kansas access project

For the fiscal year ending June 30, 2004$200,000
Provided, That the state board of regents is hereby authorized to transfer

moneys from this account to the appropriate accounts of the state general

fund of any state educational institution under the control and supervision

of the state board of regents.

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

made by the state board of regents for fiscal year 2004, expenditures shall

be made by the above agency to assure that each university under the

jurisdiction and control of the state board of regents develops a policy on

the use of sexually explicit materials, including videos, as part of the cur-

riculum of human sexuality classes or other similar classes for undergrad-

uate students, a policy on teaching about the issue of pedophilia as part

of such classes and a policy on sexual harassment as it relates to teaching

such classes: Provided, That such policies shall be developed and imple-

mented prior to January 12, 2004, and the state board of regents shall

keep on file a current copy of such policies and make them available to

the public upon request.

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

made by the state board of regents from moneys appropriated from the

state general fund or any special revenue fund for fiscal year 2004 for the

state board of regents authorized by this or other appropriation act of the

2003 regular session of the legislature, notwithstanding the provisions of

any other statute, expenditures shall be made by the state board of regents

for fiscal year 2004 from the moneys appropriated from the state general

fund or any special revenue fund for development, adoption and imple-

mentation of a policy and any necessary administrative procedures to

provide a waiver of all tuition, fees and other charges for enrollment

without charge of tuition or fees for each person who was a prisoner of

war while serving in any military service of the United States of America,

who is a resident of Kansas and who is enrolled at a state educational

institution under the control and supervision of the state board of regents,

so long as such person is eligible for such enrollment, but not to exceed

12 semesters of instruction or the equivalent thereof, at any such state

educational institution: Provided, That, as used in this subsection, ``mili-

tary service of the United States of America'' includes any active service

in any armed service of the United States of America and any member

of the Kansas army or air national guard in active federal service and

``prisoner of war'' means an individual who is a prisoner of war under

Article 4 of the third Geneva Convention and any individual who is in

military service of the United States of America in an armed conflict and

who is taken prisoner by opposing forces, whether or not under an official

declaration of war, including the recent armed conflicts in Iraq, Afghan-

istan, Kuwait, Herzegovina and Bosnia.

(d) (1) The director of accounts and reports shall not make the transfer

of amounts designated by the chief executive officer of the state board of

regents from accounts of the state general fund or special revenue funds

at universities under the control of the state board of regents to the re-

gents clearing fund of the state board of regents which was authorized to

be made by section 67(g) of 2003 Senate Bill No.6 and, on the effective

date of this act, the provisions of section 67(g) of 2003 Senate Bill No.6

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

(2) (A) The director of accounts and reports (i) shall not make the

transfer of $711,000 from the regents clearing fund of the state board of

regents to the comprehensive grant discontinued attendance fund of the

state board of regents which was directed to be made by section 67(h) of

2003 Senate Bill No.6, and (ii) shall not make the transfer of the remain-

ing balance in the regents clearing fund of the state board of regents

which is in excess of $41,250 to state general fund accounts or special

revenue funds of state universities under the control of the state board

of regents which was directed to be made by section 67(h) of 2003 Senate

Bill No. 6.

(B) On the effective date of this act, the provisions of section 67(h) of

2003 Senate Bill No.6 are hereby declared to be null and void and shall

have no force and effect.

Sec. 46.


UNIVERSITY OF KANSAS

(a) On July 1, 2003, or as soon thereafter as moneys are available, the

director of accounts and reports shall make one or more transfers from

the construction defects recovery fund of the department of administra-

tion to the restricted fees fund of the university of Kansas: Provided, That

any such transfer from the construction defects recovery fund of the de-

partment of administration shall be only from amounts available in such

fund which are in excess of an amount certified by the director of the

division of the budget as being in excess of 150% of the amounts required

to meet known and reasonably anticipated expenditures from construc-

tion defects recovery fund of the department of administration: Provided

further, That such transfer or transfers from the construction defects

recovery fund of the department of administration to the restricted fees

fund of the university of Kansas during the fiscal year ending June 30,

2004, shall not exceed an aggregate of $530,500.

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

made by the university of Kansas from housing authority funds for fiscal

year 2004 as authorized by this or other appropriation act of the 2003

regular session of the legislature, expenditures shall be made by the uni-

versity of Kansas from moneys appropriated from the state general fund

or from any special revenue fund for fiscal year 2004 to provide for the

issuance of bonds by the Kansas development finance authority in ac-

cordance with K.S.A. 74-8905 and amendments thereto for finance grants

for the capital improvement project to convert living units to suites in

Hashinger residence hall at the university of Kansas: Provided, That such

capital improvement project is hereby approved for the university of Kan-

sas for the purpose of subsection (b) of K.S.A. 74-8905 and amendments

thereto and the authorization of the issuance of bonds by the Kansas

development authority in accordance with that statute: Provided further,

That the university of Kansas may make expenditures from the money

received from the issuance of any such bonds for such capital improve-

ment project: Provided however, That expenditures from the money re-

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

project shall not exceed $12,600,000 plus all amounts required for costs

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

improvement 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 appli-

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

such bonds for such capital improvement project shall be financed by

appropriations from the state general fund or any appropriate special

revenue fund or funds.

(c) On July 1, 2003, of the $125,325,537 appropriated for the above

agency for the fiscal year ending June 30, 2004, by section 64(a) of 2003

Senate Bill No. 6 from the state general fund in the operating expendi-

tures (including official hospitality) account, the sum of $477,253 is

hereby lapsed.

(d) On July 1, 2003, of the $5,897,047 appropriated for the above

agency for the fiscal year ending June 30, 2004, by section 64(a) of 2003

Senate Bill No. 6 from the state general fund in the geological survey

account, the sum of $31,937 is hereby lapsed.

Sec. 47.


UNIVERSITY OF KANSAS MEDICAL CENTER

(a) On July 1, 2003, of the $97,312,648 appropriated for the above

agency for the fiscal year ending June 30, 2004, by section 65(a) of 2003

Senate Bill No. 6 from the state general fund in the operating expendi-

tures (including official hospitality) account, the sum of $51,856 is hereby

lapsed.

(b) On July 1, 2003, the $700,000 appropriated for the above agency

from the children's initiatives fund for the fiscal year ending June 30,

2004, by section 65(f) of 2003 Senate Bill No. 6 in the pediatric biomed-

ical research account is hereby lapsed.

Sec. 48.


KANSAS STATE UNIVERSITY

(a) On July 1, 2003, of the $100,901,836 appropriated for the above

agency for the fiscal year ending June 30, 2004, by section 59(a) of 2003

Senate Bill No. 6 from the state general fund in the operating expendi-

tures (including official hospitality) account, the sum of $508,174 is

hereby lapsed.

Sec. 49.


KANSAS STATE UNIVERSITY VETERINARY MEDICAL CENTER

(a) On July 1, 2003, of the $9,545,175 appropriated for the above

agency for the fiscal year ending June 30, 2004, by section 61(a) of 2003

Senate Bill No. 6 from the state general fund in the operating expendi-

tures (including official hospitality) account, the sum of $56,191 is hereby

lapsed.

Sec. 50.


KANSAS STATE UNIVERSITY EXTENSION SYSTEMS AND

AGRICULTURE RESEARCH PROGRAMS


(a) On July 1, 2003, of the $17,502,220 appropriated for the above

agency for the fiscal year ending June 30, 2004, by section 60(a) of 2003

Senate Bill No. 6 from the state general fund in the cooperative extension

service (including official hospitality) account, the sum of $194,780 is

hereby lapsed.

(b) On July 1, 2003, of the $28,212,396 appropriated for the above

agency for the fiscal year ending June 30, 2004, by section 60(a) of 2003

Senate Bill No. 6 from the state general fund in the agricultural experi-

ment stations (including official hospitality) account, the sum of $120,489

is hereby lapsed.

Sec. 51.


WICHITA 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, 2004$91,796

Sec. 52.


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:

National board certification/future teacher academy

For the fiscal year ending June 30, 2004$150,000

(b) On July 1, 2003, of the $28,981,556 appropriated for the above

agency for the fiscal year ending June 30, 2004, by section 62(a) of 2003

Senate Bill No. 6 from the state general fund in the operating expendi-

tures (including official hospitality) account, the sum of $244,158 is

hereby lapsed.

Sec. 53.


FORT HAYS STATE UNIVERSITY

(a) On July 1, 2003, of the $30,179,531 appropriated for the above

agency for the fiscal year ending June 30, 2004, by section 58(a) of 2003

Senate Bill No. 6 from the state general fund in the operating expendi-

tures (including official hospitality) account, the sum of $209,828 is

hereby lapsed.

Sec. 54.


PITTSBURG STATE UNIVERSITY

(a) On July 1, 2003, of the $31,826,710 appropriated for the above

agency for the fiscal year ending June 30, 2004, by section 63(a) of 2003

Senate Bill No. 6 from the state general fund in the operating expendi-

tures (including official hospitality) account, the sum of $249,634 is

hereby lapsed.

Sec. 55.


ATTORNEY GENERAL

(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, 2004$38,090
Additional operating expenditures for investigation and

litigation regarding interstate water rights

For the fiscal year ending June 30, 2003$83,941
For the fiscal year ending June 30, 2004$605,000

(b) During the fiscal year ending June 30, 2004, of the aggregate

amount of fines, penalties and forfeitures remitted each month to the

state treasurer by the clerks of the district courts, the state treasurer shall

credit (1) the amount equal to 1% of each such aggregate monthly re-

mittance to the crime victims compensation fund; and (2) the amount

equal to 1% of each such aggregate monthly remittance to the crime

victims assistance fund: Provided, That all moneys credited to the crime

victims compensation fund pursuant to this subsection shall be in addition

to all other amounts credited to the crime victims compensation fund as

prescribed by K.S.A. 74-7336 and amendments thereto or by any other

statute: Provided further, That all moneys credited to the crime victims

assistance fund pursuant to this subsection shall be in addition to all other

amounts credited to the crime victims assistance fund as prescribed by

K.S.A. 20-367 and 74-7336 and amendments thereto or by any other

statute.

(c) During the fiscal year ending June 30, 2004, grants made pursuant

to K.S.A. 74-7325 and amendments thereto from the protection from

abuse fund and grants made pursuant to K.S.A. 74-7334 and amendments

thereto from the crime victims assistance fund shall be made after con-

sideration of the recommendation of an entity that has been designated

by the United States department of health and human services and by

the centers for disease control as the official domestic violence or sexual

assault coalition.

Sec. 56.


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:

Operating expenditures (including official hospitality)

For the fiscal year ending June 30, 2004$70,959
General state aid

For the fiscal year ending June 30, 2003.$4,000
For the fiscal year ending June 30, 2004$2,901,000
Supplemental general state aid

For the fiscal year ending June 30, 2004$367,000
Kansas foundation for agriculture project grant

For the fiscal year ending June 30, 2004$35,000
Provided, That expenditures from the Kansas foundation for agriculture

project grant account shall be used for agriculture in the classroom pro-

grams to supplement existing elementary and secondary curricula with

agricultural information: Provided further, That expenditures from this

account shall be made only if private funding sources are available to

match such state grants on a 60% state and 40% private basis.

(b) On July 1, 2003, of the $138,940,758 appropriated for the above

agency for the fiscal year ending June 30, 2004, by section 52(a) of 2003

Senate Bill No. 6 from the state general fund in the KPERS--employer

contributions account, the sum of $2,802,655 is hereby lapsed.

(c) Notwithstanding the provisions of K.S.A. 74-4967, and amendments

thereto, payments made by the department of education from the

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

ing the fiscal year ending June 30, 2004, for payment of fiscal year 2003

employer contribution obligations to the Kansas public employees retire-

ment system as authorized by section 52(a) of 2003 Senate Bill No. 6,

shall not be considered delinquent and shall not be subject to interest

thereon.

(d) On June 30, 2003, of the $1,789,496,000 appropriated for the above

agency for the fiscal year ending June 30, 2003, by section 97(a) of chapter

204 of the 2002 Session Laws of Kansas from the state general fund in

the general state aid account, the sum of $183,534,410 is hereby lapsed.

(e) On June 30, 2003, of the $125,895,000 appropriated for the above

agency for the fiscal year ending June 30, 2003, by section 97(a) of chapter

204 of the 2002 Session Laws of Kansas from the state general fund in

the supplemental general state aid account, the sum of $29,465,590 is

hereby lapsed.

Sec. 57.


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:

Operating expenditures

For the fiscal year ending June 30, 2004$51,435

Sec. 58.


JUDICIAL BRANCH

(a) On the effective date of this act, of the $82,631,504 appropriated

for the judicial branch for the fiscal year ending June 30, 2004, by section

35(a) of 2003 Senate Bill No. 6 from the state general fund in the judiciary

operations account, the sum of $96,075 is hereby lapsed.

Sec. 59.


STATE BOARD OF VETERINARY EXAMINERS

(a) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 20(a) of 2003 Senate Bill No. 6 on

the veterinary examiners fee fund is hereby increased from $239,223 to

$256,042.

(b) On July 1, 2004, the expenditure limitation established for the fiscal

year ending June 30, 2005, by section 20(a) of 2003 Senate Bill No. 6 on

the veterinary examiners fee fund is hereby increased from $214,047 to

$281,217.

Sec. 60.


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--veterans affairs

For the fiscal year ending June 30, 2004$18,008
Operations--state veterans cemeteries

For the fiscal year ending June 30, 2004$1,810
Operating expenditures--Kansas soldiers' home

For the fiscal year ending June 30, 2004$12,076
Operating expenditures--Kansas veterans' home

For the fiscal year ending June 30, 2004$16,755
Additional operating expenditures--Kansas soldiers' home

and Kansas veterans' home

For the fiscal year ending June 30, 2004$250,000
For the fiscal year ending June 20, 2005$250,000
Provided, That expenditures from the additional operating expendi-

tures--Kansas soldiers' home and Kansas veterans' home account of the

state general fund shall be made for the purposes of increasing the census

at the Kansas soldiers' home and the census at the Kansas veterans' home

and maximizing the ability of the Kansas commission on veterans affairs

to qualify for additional federal department of veterans affairs per diem

funding.

Sec. 61.


KANSAS DEPARTMENT OF AGRICULTURE

(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, 2004$96,478

(b) On July 1, 2003, the expenditure limitation established by section

77(b) of 2003 Senate Bill No. 6 on the dairy fee fund is hereby increased

from $451,507 to $454,486.

(c) On July 1, 2003, the expenditure limitation established by section

77(b) of 2003 Senate Bill No. 6 on the meat and poultry inspection fee

fund is hereby increased from $65,168 to $65,552.

(d) On July 1, 2003, the expenditure limitation established by section

77(b) of 2003 Senate Bill No. 6 on the wheat quality survey fund is hereby

increased from $33,500 to $33,753.

(e) On July 1, 2003, the expenditure limitation established by section

77(b) of 2003 Senate Bill No. 6 on the entomology fee fund is hereby

increased from $187,035 to $187,750.

(f) On July 1, 2003, the expenditure limitation established by section

77(b) of 2003 Senate Bill No. 6 on the water structures--state highway

fund is hereby increased from $90,890 to $91,805.

(g) On July 1, 2003, the expenditure limitation established by section

77(b) of 2003 Senate Bill No. 6 on the water appropriation certification

fund is hereby increased from $654,252 to $656,432.

(h) On July 1, 2003, the expenditure limitation established by section

77(b) of 2003 Senate Bill No. 6 on the agriculture seed fee fund is hereby

increased from $63,750 to $64,214.

(i) On July 1, 2003, the expenditure limitation established by section

77(b) of 2003 Senate Bill No. 6 on the chemigation fee fund is hereby

increased from $172,521 to $174,165.

(j) On July 1, 2003, the expenditure limitation established by section

77(b) of 2003 Senate Bill No. 6 on the petroleum inspection fee fund is

hereby increased from $634,040 to $636,562.

(k) On July 1, 2003, the expenditure limitation established by section

77(b) of 2003 Senate Bill No. 6 on the warehouse fee fund is hereby

increased from $519,489 to $524,204.

(l) On July 1, 2003, the expenditure limitation established by section

77(b) of 2003 Senate Bill No. 6 on the agricultural chemical fee fund is

hereby increased from $526,923 to $530,859.

(m) On July 1, 2003, the expenditure limitation established by section

77(b) of 2003 Senate Bill No. 6 on the feeding stuffs fee fund is hereby

increased from $467,764 to $472,009.

(n) On July 1, 2003, the expenditure limitation established by section

77(b) of 2003 Senate Bill No. 6 on the fertilizer fee fund is hereby in-

creased from $362,621 to $365,687.

(o) On July 1, 2003, the expenditure limitation established by section

77(b) of 2003 Senate Bill No. 6 on the pesticide use fee fund is hereby

increased from $696,082 to $702,626.

(p) On July 1, 2003, the expenditure limitation established by section

77(b) of 2003 Senate Bill No. 6 on the egg fee fund is hereby increased

from $93,317 to $94,055.

(q) On July 1, 2003, the expenditure limitation established by section

77(b) of 2003 Senate Bill No. 6 on the water structures fund is hereby

increased from $82,600 to $83,244.

Sec. 62.


KANSAS ANIMAL HEALTH DEPARTMENT

(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, 2004$4,672

Sec. 63.


STATE CONSERVATION COMMISSION

(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, 2004$6,343

Sec. 64.


KANSAS WATER OFFICE

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

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

Water resources operating expenditures

For the fiscal year ending June 30, 2004$14,262

(b) During the fiscal year ending June 30, 2004, the director of the

Kansas water office, with the approval of the director of the budget, may

transfer any part of any item of appropriation for fiscal year 2004 from

the state water plan fund for the Kansas water office: Provided, however,

That the director of the Kansas water office shall certify such transfer to

the director of accounts and reports and shall transmit a copy of each

such certification to the director of the legislative research department.

Sec. 65.


STATE TREASURER

(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, 2004$250,000

(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 shall not exceed the following:

Fiscal agency fund

For the fiscal year ending June 30, 2004No limit
Bond services fee fund

For the fiscal year ending June 30, 2004No limit
City bond finance fund

For the fiscal year ending June 30, 2004No limit
Taylor grazing fees--federal fund

For the fiscal year ending June 30, 2004No limit
Local ad valorem tax reduction fund

For the fiscal year ending June 30, 2004No limit
County and city revenue sharing fund

For the fiscal year ending June 30, 2004No limit
Suspense fund

For the fiscal year ending June 30, 2004No limit
County and city retailers' sales tax fund

For the fiscal year ending June 30, 2004No limit
County and city compensating use tax fund

For the fiscal year ending June 30, 2004No limit
Local alcoholic liquor fund

For the fiscal year ending June 30, 2004No limit
Local alcoholic liquor equalization fund

For the fiscal year ending June 30, 2004No limit
Unclaimed property claims fund

For the fiscal year ending June 30, 2004No limit
Unclaimed property expense fund

For the fiscal year ending June 30, 2004No limit
Provided, That expenditures from the unclaimed property expense fund

for official hospitality shall not exceed $2,000.

Unclaimed property fee fund

For the fiscal year ending June 30, 2004No limit
County and city transient guest tax fund

For the fiscal year ending June 30, 2004No limit
Road and schools--10 U.S.C. 2655 federal fund

For the fiscal year ending June 30, 2004No limit
Racing admissions tax fund

For the fiscal year ending June 30, 2004No limit
Rental motor vehicle excise tax fund

For the fiscal year ending June 30, 2004No limit
Metropolitan culture district retailers' sales tax fund

For the fiscal year ending June 30, 2004No limit
Redevelopment bond fund

For the fiscal year ending June 30, 2004No limit
Services reimbursement fund

For the fiscal year ending June 30, 2004No limit
Provided, That the state treasurer is hereby authorized to fix, charge and

collect a cash management fee for services provided by the state treasurer

for banking services and for processing warrants and direct deposits ex-

cept that payroll warrants shall not be subject to any fee prescribed by

this section: Provided further, That such fees shall be fixed to recover all

or part of the operating expenditures incurred in providing such services:

And provided further, That fees fixed by the state treasurer for services

provided by the state treasurer in providing banking services shall be fixed

to collect an estimated aggregate amount not to exceed the actual trans-

action costs for the fiscal year ending June 30, 2004: And provided further,

That fees fixed by the state treasurer for processing warrants and direct

deposits shall be fixed to collect an estimated aggregate amount not to

exceed $979,303 for the fiscal year ending June 30, 2004: And provided

further, That the state treasurer is hereby authorized to fix, charge and

collect a voucher processing fee for services provided by the state trea-

surer in processing vouchers and maintaining the voucher system: And

provided further, That such fees shall be fixed to recover all or part of

the operating expenditures incurred in providing such services: And pro-

vided further, That fees fixed by the state treasurer for services provided

by the state treasurer in processing vouchers and maintaining the voucher

system shall be fixed to collect an estimated aggregate amount not to

exceed $180,000 for the fiscal year ending June 30, 2004: And provided

further, That all moneys received from such fees shall be deposited in

the state treasury and credited to the services reimbursement fund: And

provided further, That expenditures from this fund may be made for

operating expenditures for the state treasurer's office: And provided fur-

ther, That during the fiscal year ending June 30, 2004, the director of

accounts and reports shall transfer to the services reimbursement fund

of the state treasurer one or more amounts certified by the state treasurer,

for expenses incurred for warrants issued and processed and electronic

transactions processed for the department of human resources payable

from the employment security fund, from moneys made available to the

state under section 903(d) of the federal social security act, as amended,

and credited to the employment security fund, except that the aggregate

of such amounts transferred shall not exceed $451,000.

Municipal investment pool fund

For the fiscal year ending June 30, 2004No limit
Pooled money investment portfolio fee fund

For the fiscal year ending June 30, 2004No limit
Provided, That on or before the fifth day of each month of the fiscal year

ending June 30, 2004, the state treasurer shall certify to the pooled money

investment board an accounting of the banking fees incurred by the state

treasurer during the second preceding month that are attributable to the

investment of the pooled money investment portfolio during such month:

Provided further, That prior to the 10th day of each month during the

fiscal year ending June 30, 2004, the pooled money investment board

shall review the certification from the state treasurer and shall make ex-

penditures from the pooled money investment portfolio fee fund to pay

the amount of banking fees incurred by the state treasurer during the

second preceding month that are attributable to the investment of the

pooled money investment portfolio during the second preceding month,

as determined by the pooled money investment board.

Kansas postsecondary education savings program trust fund

For the fiscal year ending June 30, 2004No limit
Kansas postsecondary education savings program expense fund

For the fiscal year ending June 30, 2004No limit
Conversion of materials and equipment fund

For the fiscal year ending June 30, 2004No limit
Tax increment financing revenue replacement fund

For the fiscal year ending June 30, 2004No limit

(c) On or before June 30, 2004, upon receipt of a certification by the

state treasurer specifying the amounts and designating special revenue

funds of the state treasurer therefor, the director of accounts and reports

shall transfer $250,000 from one of more special revenue funds of the

state treasurer in accordance with such certification to reimburse the state

general fund for operating expenditures funded by moneys appropriated

for the state treasurer from the state general fund by this act.

(d) The number of full-time and regular part-time positions equated

to full-time, paid from appropriations for fiscal year 2004, made in this

or other appropriation act of the 2003 regular session of the legislature

for the state treasurer shall not exceed 55.5 except upon approval by the

state finance council.

Sec. 66.


STATE BOARD OF HEALING ARTS

(a) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 7(a) of 2003 Senate Bill No. 6 on

the healing arts fee fund is hereby increased from $1,959,816 to

$2,275,567: Provided, That in addition to the other purposes for which

expenditures may be made by the state board of healing arts from moneys

appropriated from the healing arts fee fund for the fiscal year ending

June 30, 2004, by this or other appropriation act of the 2003 regular

session of the legislature, expenditures of $300,000 shall be made for

information technology projects.

(b) On July 1, 2004, the expenditure limitation established for the fiscal

year ending June 30, 2005, by section 7(a) of the 2003 Senate Bill No. 6

on the healing arts fee fund is hereby increased from $2,084,707 to

$2,352,714: Provided, That in addition to the other purposes for which

expenditures may be made by the state board of healing arts from moneys

appropriated from the healing arts fee fund for the fiscal year ending

June 30, 2005, by this or other appropriation act of the 2003 regular

session of the legislature, expenditures of $250,000 shall be made for

information technology projects.

Sec. 67.


KANSAS DENTAL BOARD

(a) On the effective date of this act, the expenditure limitation estab-

lished for the fiscal year ending June 30, 2003, by section 17(a) of chapter

204 of the 2002 Session Laws of Kansas on the dental board fee fund is

hereby increased from $328,839 to $336,880.

(b) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 10(a) of 2003 Senate Bill No. 6 on

the dental board fee fund is hereby increased from $316,519 to $317,870.

(c) On July 1, 2004, the expenditure limitation established for the fiscal

year ending June 30, 2005, by section 10(a) of 2003 Senate Bill No. 6 on

the dental board fee fund is hereby increased from $342,272 to $343,809.

Sec. 68.


KANSAS BOARD OF EXAMINERS IN FITTING AND

DISPENSING OF HEARING AIDS


(a) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 12(a) of 2003 Senate Bill No. 6 on

the hearing aid board fee fund is hereby increased from $18,702 to

$18,870.

(b) On July 1, 2004, the expenditure limitation established for fiscal

year ending June 30, 2005, by section 12(a) of 2003 Senate Bill No. 6 on

the hearing aid board fee fund is hereby increased from $21,486 to

$21,699.

Sec. 69.


BOARD OF EXAMINERS IN OPTOMETRY

(a) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 14(a) of 2003 Senate Bill No. 6 on

the optometry fee fund is hereby increased from $104,373 to $104,970.

(b) On July 1, 2004, the expenditure limitation established for the fiscal

year ending June 30, 2005, by section 14(a) of 2003 Senate Bill No. 6 on

the optometry fee fund is hereby increased from $111,616 to $112,292.

Sec. 70.


STATE BOARD OF PHARMACY

(a) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 15(a) of 2003 Senate Bill No. 6 on

the state board of pharmacy fee fund is hereby increased from $582,222

to $586,872.

(b) On July 1, 2004, the expenditure limitation established for the fiscal

year ending June 30, 2005, by section 15(a) of 2003 Senate Bill No. 6 on

the state board of pharmacy fee fund is hereby increased from $628,333

to $633,604.

Sec. 71.


KANSAS GUARDIANSHIP PROGRAM

(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, 2004$36,194

Sec. 72.


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:

Cash assistance

For the fiscal year ending June 30, 2004$681,842
Other medical assistance

For the fiscal year ending June 30, 2003$2,020,832
Youth services aid and assistance

For the fiscal year ending June 30, 2004$1,540,411
Mental health and retardation services aid and assistance

For the fiscal year ending June 30, 2003$3,688,308
State operations

For the fiscal year ending June 30, 2004$652,028
Kansas neurological institute--operating expenditures

For the fiscal year ending June 30, 2004$93,150
Larned state hospital--operating expenditures

For the fiscal year ending June 30, 2003$1,370
For the fiscal year ending June 30, 2004$172,682
Larned state hospital--sexual predator treatment program

For the fiscal year ending June 30, 2004$38,606
Osawatomie state hospital--operating expenditures

For the fiscal year ending June 30, 2004$48,135
Parsons state hospital and training center--operating expenditures

For the fiscal year ending June 30, 2003$2,756
For the fiscal year ending June 30, 2004$75,001
Rainbow mental health facility--operating expenditures

For the fiscal year ending June 30, 2004$33,406
Community based services

For the fiscal year ending June 30, 2004$2,537,902

(b) During the fiscal year ending June 30, 2004, the director of accounts

and reports shall transfer the amounts specified by the director of the

budget from the LTC--medicaid assistance--NF account of the state

general fund of the department on aging to the LTC--medicaid assis-

tance--HCBS/FE account of the state general fund of the department

on aging or to the community based services account of the department

of social and rehabilitation services: Provided, That such transfers shall

be certified by the director of the budget on December 1, 2003, and on

June 1, 2004, to reflect the nursing facility rate paid for persons moving

from a nursing facility to the home and community-based services waiver

for the physically disabled or the frail elderly for the six months preceding

the date of certification: Provided further, That the aggregate of all such

transfers certified during fiscal year 2004 shall not exceed the amount

required to support the movement of 75 individuals from nursing facilities

to home and community-based services: And provided further, That each

of the 75 individuals must meet the requirements described in a policy

jointly developed by the secretary of aging and the secretary of social and

rehabilitation services governing the operations of this transfer: And pro-

vided further, That the director of the budget shall transmit a copy of

each such certification to the director of the legislative research depart-

ment.

(c) On the effective date of this act, of the $323,920 appropriated for

the above agency for the fiscal year ending June 30, 2003, by section 15(a)

of 2003 House Bill No. 2026 from the state general fund in the cash

assistance account, the sum of $17,511 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

$377,743 is hereby lapsed.

(e) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 50(b) of 2003 Senate Bill No. 6 on

the social welfare fund is hereby increased from $46,179,103 to

$47,013,674.

(f) On the effective date of this act, the expenditure limitation estab-

lished for the fiscal year ending June 30, 2003, by section 95(b) of chapter

204 of the 2002 Session Laws of Kansas on the child welfare services

block grant federal fund is hereby increased from $5,904,870 to

$6,075,615.

(g) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 50(b) of 2003 Senate Bill No. 6 on

the alcohol and drug abuse block grant--federal fund is hereby increased

from $12,184,265 to $12,189,245.

(h) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 50(b) of 2003 Senate Bill No. 6 on

the social services block grant--federal fund is hereby increased from

$23,134,390 to $23,183,849.

(i) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 50(b) of 2003 Senate Bill No. 6 on

the mental health block grant federal fund is hereby increased from

$3,436,330 to $3,437,877.

(j) On July 1, 2003, the expenditure limitation established for the year

ending June 30, 2004, by section 50(b) of 2003 Senate Bill No. 6 on the

Title XIX fund is hereby increased from $44,360,825 to $44,823,173.

(k) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 50(b) of 2003 Senate Bill No. 6 on

the neurological institute fee fund is hereby increased from $1,044,781

to $1,054,716.

(l) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 50(b) of 2003 Senate Bill No. 6 on

the Larned state hospital fee fund is hereby increased from $1,675,160

to $1,680,443.

(m) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 50(b) of 2003 Senate Bill No. 6 on

the Osawatomie state hospital fee fund is hereby increased from

$2,988,456 to $3,023,360.

(n) On the effective date of this act, of the $3,500,000 appropriated for

the above agency for the fiscal year ending June 30, 2003, by section 50(c)

of 2003 Senate Bill No. 6 from the children's initiatives fund in the chil-

dren's cabinet early childhood discretionary account, the sum of $300,000

is hereby lapsed.

(o) There is appropriated for the above agency from the children's

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

Children's cabinet administration

For the fiscal year ending June 30, 2004$250,000

(p) The department of social and rehabilitation services shall make

disproportionate share payments to any out-of-state hospital, otherwise

eligible for such funds under federal and state law, that maintains a li-

censed branch hospital within the state of Kansas.

(q) On the effective date of this act, of the $349,141,838 appropriated

for the above agency for the fiscal year ending June 30, 2004, by section

50(a) of 2003 Senate Bill No. 6 from the state general fund in the other

medical assistance account, the sum of $3,420,191 is hereby lapsed.

(r) During the fiscal year ending June 30, 2004, of the expenditures

authorized by section 50 of 2003 Senate Bill No. 6 for HCBS/MRDD

services, reimbursement rates for consumers with documented extraor-

dinary needs who currently receive, have been approved for or leave a

state institution or private institutional setting and are approved for spe-

cial tier or individualized rates shall be maintained at a level no lower

than the rate of reimbursement for these consumers on July 1, 2002:

Provided, however, That, nothing in this subsection shall prohibit a re-

duction or guarantee an increase in the reimbursement rate for consum-

ers with documented extraordinary needs because of a change as a result

of the annual basis assessment: Provided further, That any reductions in

the HCBS/MRDD funding in fiscal year 2004 shall be implemented

based on information and recommendations obtained in the most recent

rate study required under subsection (a)(3) of K.S.A. 39-1806 and amend-

ments thereto.

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

made by the department of social and rehabilitation services from the

moneys appropriated from the state general fund or from any special

revenue fund for fiscal year 2004 as authorized by this or other appro-

priation act of the 2003 regular session of the legislature, expenditures

shall be made by the department of social and rehabilitation services from

moneys appropriated from the state general fund or from any special

revenue fund for fiscal year 2004 to collect data and prepare a report

which shall be submitted to the legislature during the 2004 regular session

on the impact of pharmaceutical prior authorization under the state med-

icaid plan on patients, providers and utilization of other medicaid services:

Provided, That such report shall be delivered to the speaker of the house

of representatives and the president of the senate no later than January

15, 2004: Provided further, That such report shall include (1) the number

of patient and provider complaints received by the department of social

and rehabilitation services, (2) any change in the number of physicians

and other providers serving medicaid recipients, (3) the record of prior

authorization response approvals, disapprovals and the response times

therefor, (4) any evidence of any adverse clinical outcomes resulting from

pharmaceutical prior authorization, (5) the costs in time and money of

implementing pharmaceutical prior authorization, and (6) other infor-

mation pertinent to the effect of the use of prior authorization for phar-

maceutical products.

(t) During the fiscal year ending June 30, 2003, no expenditures shall

be made by the department of social and rehabilitation services from the

state operations account of the state general fund for closure of any local

SRS area offices other than the local SRS area offices located in the cities

of Cottonwood Falls, Ashland, Clay Center, Burlington, Coldwater, Ells-

worth, Ulysses, Cimarron, Tribune, Mankato, Lakin, Dighton, Lincoln,

Beloit, Seneca, Ness City, Minneapolis, Belleville, Johnson City, Alma,

Washington and Yates Center: Provided, That the legislature shall review

the local SRS area office closure process and additional closure recom-

mendations of the department of social and rehabilitation services during

the 2004 regular session of the legislature: Provided further, That the

secretary of social and rehabilitation services shall report to the legislative

budget committee during the 2003 interim should the secretary deem

circumstances to warrant the closure of additional offices during the 2003

interim session: And provided further, That the legislative budget com-

mittee shall review the closure process for local SRS area offices and these

additional recommendations: And provided further, That the department

of social and rehabilitation services shall continue to develop service ac-

cess points and distribute staff related to the redesign of local service

delivery and workload requirements.

(u) (1) During the fiscal year ending June 30, 2003, the position limi-

tation established by section 131(a) of chapter 204 of the 2002 Session

Laws of Kansas for Larned State Hospital of 725.8 full-time and regular

part-time positions equated to full-time, excluding seasonal and tempo-

rary positions, shall not be exceeded, except upon approval of the state

finance council.

(2) On July 1, 2003, the position limitation established by section 85(a)

of 2003 Senate Bill No. 6 for Larned State Hospital is hereby increased

from 663.0 to 792.8.

(v) 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 2004 for the department of social and rehabilitation services

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

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

and rehabilitation services for fiscal year 2004 to prepare and submit an

application for a federal waiver to increase the look-back period for the

transfer of assets in determining medicaid eligibility from 3 years to 5

years.

Sec. 73.


DEPARTMENT ON AGING

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

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

Administration

For the fiscal year ending June 30, 2004$5,358
Administration--assessments

For the fiscal year ending June 30, 2004$1,072
Administration--Medicaid

For the fiscal year ending June 30, 2004$16,716
Administration--older Americans act match

For the fiscal year ending June 30, 2004$2,114
Nursing facilities regulation

For the fiscal year ending June 30, 2004$8,704
Nursing facilities regulation

For the fiscal year ending June 30, 2004$270,665
LTC--medicaid assistance--HCBS/FE

For the fiscal year ending June 30, 2004$2,925,294

(b) On July 1, 2003, the position limitation established by section 85(a)

of 2003 Senate Bill No. 6 for the department on aging is hereby decreased

from 233.0 to 221.0.

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

$180,000 from the health care stabilization fund of the health care sta-

bilization fund board of governors to the health facilities review fund of

the department on aging which was directed to be made on July 1, 2003,

by section 49(f) of 2003 Senate Bill No. 6.

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

made by the department on aging from the senior care act account of the

state general fund for fiscal year 2004 as authorized by section 49(a) of

2003 Senate Bill No. 6, expenditures shall be made by the above agency

from the senior care act account of the state general fund for fiscal year

2004 for the senior companion program: Provided, That expenditures for

such purpose from the senior care act account of the state general fund

for fiscal year 2004 shall not exceed $25,000.

(e) During the fiscal years ending June 30, 2004, June 30, 2005, and

June 30, 2006, the secretary of aging shall allocate the moneys appropri-

ated for the department on aging from the state general fund program

grants for the in-home nutrition program in excess of any appropriation

required to match federal funds under the federal older Americans act

during each such fiscal year so that no area agency on aging receives an

aggregate amount of moneys from the state general fund for the federal

older Americans act nutrition program for such fiscal year that is less than

92% of the aggregate amount received by such area agency on aging for

the immediately preceding fiscal year.

[(+)]

Sec. 74.


JUDICIAL COUNCIL

(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 shall not exceed the follow-

ing:

Judicial council fund

For the fiscal year ending June 30, 2004No limit

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

made by the judicial council from moneys appropriated from the state

general fund or any special revenue fund for the fiscal year ending June

30, 2004, by this or any other appropriation act of the 2003 regular session

of the legislature, expenditures shall be made by the judicial council to

study the issue of board of indigents defense services expenditures for

death penalty defense cases. Such study shall make comparison with other

states that have recently executed individuals and include information on

the manner in which those states addressed associated indigent defense

costs in death penalty cases. Such study shall include an examination of

the effect of recent United States supreme court decisions, including

Atkins v. Virginia, 122 S. Ct. 2242 (2002), on state statutory and consti-

tutional law concerning execution of developmentally disabled persons.

Sec. 75.


STATE BOARD OF TAX APPEALS

(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, 2004$9,760

(b) On July 1, 2003, the expenditure limitation established by section

41(b) of 2003 Senate Bill No. 6 on the BOTA filing fee fund is hereby

increased from $300,000 to $303,538.

(c) During the fiscal year ending June 30, 2004, on the date that the

aggregate amount of revenue credited to the BOTA filing fee fund is

equal to or exceeds $300,000, as certified by the executive director of the

state board of tax appeals to the director of accounts and reports, the

expenditure limitation for the BOTA filing fee fund for fiscal year 2004

shall be increased by $36,802.

Sec. 76.


BEHAVIORAL SCIENCES REGULATORY BOARD

(a) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 6(a) of 2003 Senate Bill No. 6 on

the behavioral sciences regulatory board fee fund is hereby increased

from $492,147 to $496,053.

(b) On July 1, 2004, the expenditure limitation established for the fiscal

year ending June 30, 2005, by section 6(a) of 2003 Senate Bill No. 6 on

the behavioral sciences regulatory board fee fund is hereby increased

from $536,449 to $540,883.

Sec. 77.


BOARD OF NURSING

(a) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 13(a) of 2003 Senate Bill No. 6 on

the board of nursing fee fund is hereby increased from $1,327,001 to

$1,338,001.

(b) On July 1, 2004, the expenditure limitation established for the fiscal

year ending June 30, 2005, by section 13(a) of 2003 Senate Bill No. 6 on

the board of nursing fee fund is hereby increased from $1,425,835 to

$1,438,267.

Sec. 78.


STATE BOARD OF TECHNICAL PROFESSIONS

(a) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 19(a) of 2003 Senate Bill No. 6 on

the technical professions fee fund is hereby increased from $523,044 to

$525,936.

(b) On July 1, 2004, the expenditure limitation established for the fiscal

year ending June 30, 2005, by section 19(a) of 2003 Senate Bill No. 6 on

the technical professions fee fund is hereby increased from $556,422 to

$559,699.

Sec. 79.


GOVERNMENTAL ETHICS COMMISSION

(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, 2004$3,978
For the fiscal year ending June 30, 2005$4,038

(b) On July 1, 2003, the expenditure limitation established for the fiscal

year ending June 30, 2004, by section 21(b) of 2003 Senate Bill No. 6 on

the governmental ethics commission fee fund is hereby increased from

$129,871 to $131,427.

(c) On July 1, 2004, the expenditure limitation established for the fiscal

year ending June 30, 2005, by section 21(b) of 2003 Senate Bill No. 6 on

the governmental ethics commission fee fund is hereby increased from

$130,892 to $132,449.

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

ending June 30, 2003, or the fiscal year ending June 30, 2004, notwith-

standing the provisions of subsection (i)(2) of K.S.A. 25-4186 and amend-

ments thereto, of the amount of residual funds that are remitted to the

state treasurer before the filing of a termination report pursuant to sub-

section (i) of K.S.A. 25-4186 and amendments thereto, after depositing

such remittance in the state treasury and after crediting the amount pre-

scribed to be credited to the inaugural expense fund of the adjutant gen-

eral pursuant to subsection (i)(1) of K.S.A. 25-4186 and amendments

thereto, the state treasurer (1) shall not credit any remaining balance to

the governmental ethics commission fee fund of the governmental ethics

commission, and (2) shall credit the entire amount of any such remaining

balance to the state general fund.

Sec. 80.


SECRETARY OF STATE

(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, 2004$5,465
HAVA match

For the fiscal year ending June 30, 2004$225,000

(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 shall not exceed the following:

HAVA federal fund

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

(c) During the fiscal year ending June 30, 2004, all expenditures by the

secretary of state from the democracy fund shall be to provide matching

funds to implement title II of the federal help America vote act of 2002,

public law 107-252, as prescribed under such act.

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

made by the secretary of state from moneys appropriated for the secretary

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

year 2004 as authorized by this or any other appropriation act of the 2003

regular session of the legislature, expenditures may be made by the sec-

retary of state to fix, charge and collect a fee from each county in the

state to provide part of the matching moneys required for the implemen-

tation of title II of the federal help America vote act of 2002, public law

107-252: Provided, That such fee shall be fixed for each county in an

amount proportional to the voting age population of the county as pre-

scribed by the 2000 decennial census, except that such fee shall be not

less than $250 for any county: Provided further, That such fees shall be

fixed to provide an aggregate amount of not to exceed the amount equal

to 2% of the aggregate amount of federal moneys for title II of the federal

help America vote act of 2002, public law 107-252: And provided further,

That all moneys received from such fees shall be deposited in the state

treasury and credited to the democracy fund: And provided further, That

all such fees imposed on such counties shall be remitted to the secretary

of state on or before June 30, 2004.

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

made by the secretary of state from moneys appropriated in the operating

expenditures account of the state general fund for fiscal year 2004 as

authorized by this or any other appropriation act of the 2003 regular

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

state for fiscal year 2004 to provide part of the state matching requirement

for the implementation of title II of the federal help America vote act of

2002, public law 107-252.

Sec. 81.


HEALTH CARE STABILIZATION FUND BOARD OF

GOVERNORS


(a) On July 1, 2003, the expenditure limitation established by section

32(b) of 2003 Senate Bill No. 6 on the operating expenditures account of

the health care stabilization fund is hereby increased from $1,047,954 to

$1,056,882.

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

$57,385 from the health care stabilization fund of the health care stabi-

lization fund board of governors to the state general fund which was

directed to be made on July 1, 2003, by section 32(c) of 2003 Senate Bill

No. 6.

Sec. 82.


KANSAS STATE SCHOOL FOR THE BLIND

(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, 2004$260,254

Sec. 83.


KANSAS STATE SCHOOL FOR THE DEAF

(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, 2004$428,815

Sec. 84. (a) On July 1, 2003, the $10,219,351 appropriated for the state

finance council for the fiscal year ending June 30, 2003, by subsection

(o)(2) of section 87 of 2003 Senate Bill No. 6 from the state general fund

is hereby lapsed.

(b) The state finance council shall not exercise the powers, duties and

functions delegated to the council by subsections (o)(3) and (o)(4) of

section 87 of 2003 Senate Bill No. 6 to approve the transfer of moneys

appropriated by subsection (o)(2) of section 87 of 2003 Senate Bill No. 6

and to approve increases in expenditure limitations on special revenue

funds and accounts , respectively, for the purposes of paying from such

funds or accounts the proportionate share of the cost to such funds or

accounts of salary increases that have been funded on an agency-by-

agency manner by this act.

(c) The state agencies of the executive branch of state government shall

not prepare and submit budget estimates as prescribed by subsection

(o)(5) of section 87 of 2003 Senate Bill No. 6 for purposes of salary in-

creases that have been funded on an agency-by-agency manner by this

act.

Sec. 85.


LEGISLATIVE COORDINATING COUNCIL

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

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

Legislative coordinating council--operations

For the fiscal year ending June 30, 2004$100,000

(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:

Legislative research department special revenue fund

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

Sec. 86. (a) On July 1, 2003, or as soon thereafter as moneys are avail-

able, the director of accounts and reports shall transfer $1,144,144 from

the children's initiatives fund to the state general fund.

Sec. 87. On July 1, 2003, K.S.A. 2002 Supp. 79-3425c is hereby

amended to read as follows: 79-3425c. (a) On July 15, 2003, October 15,

2003, February 15, 2004, and May 15, 2004, and on each January 15,

April 15, July 15 and October 15 of each year thereafter, the director of

accounts and reports shall transfer $625,000 to the county equalization

and adjustment fund from the special city and county highway fund and

on such dates the state treasurer shall apportion and pay to the several

counties of the state 57% of the moneys in the special city and county

highway fund, created by K.S.A. 79-3425, and amendments thereto, and

shall apportion and pay to the several cities of the state the remaining

43% of such moneys.

(b) The allocation and payment to each county under the provisions of

this section shall be made in the following manner:

First, Each county of the state shall receive a payment of $5,000;

Second, Of the balance remaining, 44.06% thereof shall be apportioned

and paid to each county on February 15, 2004, and May 15, 2004, and

on each January 15 and April 15 of each year thereafter in the proportion

that the total amount of money collected in such county from motor

vehicle registration fees for the second preceding calendar year bears to

the total amount of money collected in all counties from motor vehicle

registration fees for the second preceding calendar year, and on July 15

and October 15 of each year in the proportion that the total amount of

money collected in such county from motor vehicle registration fees for

the preceding calendar year bears to the total amount of money collected

in all counties from motor vehicle registration fees for the preceding

calendar year;

Third, 44.06% of such balance shall be apportioned and paid to each

county on February 15, 2004, and May 15, 2004, and on each January 15

and April 15 of each year thereafter in the proportion that the average

daily vehicle miles traveled in such county for the second preceding cal-

endar year bears to the average daily vehicle miles traveled in all counties

of the state for the second preceding calendar year, and on July 15 and

October 15 of each year in the proportion that the average daily vehicle

miles traveled in such county for the preceding calendar year bears to

the average daily vehicle miles traveled in all counties of the state for the

preceding calendar year; and

Fourth, the remaining 11.88% of such balance shall be apportioned

and paid to each county on February 15, 2004, and May 15, 2004, and

on each January 15 and April 15 of each year thereafter in the proportion

that the total road miles in such county for the second preceding calendar

year bears to the total road miles in all counties of the state for the second

preceding calendar year; and on July 15 and October 15 of each year in

the proportion that the total road miles in such county for the preceding

calendar year bears to the total road miles in all counties of the state for

the preceding calendar year.

If the total amount of money received by any county pursuant to the

foregoing distribution formula during the period from July 15 of any year

to April 15 of the next succeeding year is less than the total amount

received by such county from the special city and county highway fund

and the county equalization and adjustment fund for fiscal year 1999, the

state treasurer shall apportion and pay to each such county from the

county equalization and adjustment fund an amount which together with

the amount received pursuant to the foregoing distribution formula will

equal the total amount received from the two aforementioned funds dur-

ing such period of time. In the event that there is insufficient funds in

the county equalization and adjustment fund to pay each county the

amount to which it is entitled, each county shall receive a payment in the

proportion that the amount to which such county is entitled bears to the

amount to which all such counties are entitled. If there is money remain-

ing in such fund after such distribution, the state treasurer shall distribute

the balance to the several counties in the manner provided in the second

and third clauses of the foregoing formula for distributing moneys to

counties from the special city and county highway fund.

All payments shall be made to the county treasurers of the respective

counties, and upon receipt of the same:

(1) The county treasurers of Sedgwick and Shawnee counties shall

credit 50% of the moneys received to the road and bridge fund of such

counties and apportion and pay the remainder of such moneys to the

several cities located in such counties;

(2) the county treasurer of Wyandotte county shall credit 10% of the

moneys received to the road and bridge fund of such county and appor-

tion and pay the remainder of such moneys to the several cities located

in such county;

(3) the county treasurers of Lyon, Cowley, Crawford, Montgomery,

Butler, Saline, Leavenworth, Riley, Reno and Douglas counties shall

credit 90% of the moneys so received to the road and bridge fund of such

counties and apportion and pay the remainder of such moneys to the

several cities located in such counties except that no persons residing

within the Fort Riley military reservation shall be included or considered

in determining the population of any city located within Geary or Riley

county; and

(4) the county treasurers of Johnson county and all other counties not

listed in paragraphs (1), (2) or (3) shall credit all of the moneys received

to the road and bridge fund of such counties.

Not less than 25% of the amount received by each county and credited

to the county road and bridge fund under the provisions of this section

shall be expended by the county on mail and school bus routes on county

roads as defined in K.S.A. 68-101, and amendments thereto. Payments

to the cities under the provisions of this subsection shall be in the pro-

portion that the population of each city bears to the total population of

all cities located in the same county as such city.

In counties which have not adopted the county-unit road system, the

amount of money retained by such counties after distribution to the cities

within such county pursuant to this subsection shall be distributed to each

township within such county in not less than the proportion that the

amount of money received by each township from the county and town-

ship road fund during the period from July 1, 1969, to June 30, 1970,

bears to the total amount of money received by such county from the

county and township road fund, the county road and city street funds,

the special motor carrier fee county road fund and the special city and

county highway fund during the period from July 1, 1969, to June 30,

1970, plus the amount such county would have received on July 15, 1970,

from the special city and county highway fund based on the formula for

distributing such fund in effect on June 30, 1970. All payments to town-

ships hereunder shall be made to the treasurers thereof, and all moneys

so received shall be deposited in the general road fund of such township.

(c) The allocation and payment of moneys to the several cities of the

state from the special city and county highway fund shall be in the pro-

portion that the population of each city bears to the total population of

all cities in the state except that the population of any military reservation

which has been annexed to a city after the date of December 31, 1981,

shall not be included in the population of such city for the purpose of this

allocation. All such payments shall be to the city treasurers of the re-

spective cities. Upon receipt of same unless a consolidated street and

highway fund is established pursuant to K.S.A. 12-1,119, and amend-

ments thereto, the city treasurer of each city shall credit the same to a

separate fund to be used for the construction, reconstruction, alteration,

repair and maintenance of the streets and highways of such city and for

the payment of bonds, and interest thereon, issued pursuant to K.S.A.

79-3425g, and amendments thereto.

(d) For the purposes of this section, the average daily vehicle miles

traveled in each county shall be determined by the secretary of transpor-

tation, but it shall not include miles traveled on interstate highways, and

the population of each city shall be reported in the annual enumeration

by the state board of agriculture for the preceding calendar year.

(e) In order to reduce vehicular traffic and congestion on its streets

and highways, the board of county commissioners of any county, the gov-

erning body of any city or the township board of any township may use

for the purpose of constructing, repairing and maintaining footpaths and

bicycle paths not to exceed 10% of the moneys such government receives

under K.S.A. 79-3425c, and amendments thereto, except that such limi-

tation shall not apply to moneys received by a county that the county is

required to distribute to a city or a township. Such moneys shall not be

expended on any recreational trail, as defined in subsection (b) of K.S.A.

2002 Supp. 58-3211, and amendments thereto.

Sec. 88. On July 1, 2003, K.S.A. 75-6702 is hereby amended to read as

follows: 75-6702. (a) The last appropriation bill passed in any regular

session of the legislature shall be the omnibus reconciliation spending

limit bill. Each bill which is passed during a regular session of the legis-

lature and which appropriates or transfers money from the state general

fund for the ensuing fiscal year shall contain a provision that such bill

shall take effect and be in force from and after the effective date of the

omnibus reconciliation spending limit bill for that regular session of the

legislature or from and after such effective date and a subsequent date

or an event occurring after such effective date.

(b) Except as provided in subsection (c), the maximum amount of ex-

penditures and demand transfers from the state general fund that may

be authorized by act of the legislature during the 1994 2004 regular ses-

sion of the legislature and each regular session of the legislature there-

after, is hereby fixed so that there will be an ending balance in the state

general fund for the ensuing fiscal year that is equal to 71/2% or more of

the total amount authorized to be expended or transferred by demand

transfer from the state general fund in such fiscal year.

(c) The provisions of subsection (b) are hereby suspended for the fiscal

year ending June 30, 2004, and shall not prescribe a maximum amount

of expenditures and demand transfers from the state general fund that

may be authorized by act of the legislature during the 2003 regular session

of the legislature.

Sec. 89. 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 years ending June 30, 2003, or

June 30, 2004, made in chapter 204 or 205 of the 2002 Session Laws of

Kansas or in this act or in any other appropriation act of the 2003 regular

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

finance council.

(b) 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 year ending

June 30, 2005, made in this act 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. 90. 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. 91. Savings. (a) Any unencumbered balance as of June 30, 2003,

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 2003 regular session of the legisla-

ture, is hereby appropriated for the fiscal year ending June 30, 2004, for

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

(b) Any unencumbered balance as of June 30, 2004, in any special

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

22 of 2003 Senate Bill No. 6 which is not otherwise specifically appro-

priated or limited for fiscal year 2005 by this or other appropriation act

of the 2003 or 2004 regular session of the legislature, is hereby appro-

priated for fiscal year 2005 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. 92. During the fiscal year ending June 30, 2004, 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 2003 regular session of the legislature, are

hereby appropriated for the fiscal year ending June 30, 2004, 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. 93. Federal grants. (a) During the fiscal year ending June 30, 2004,

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 2003 regular session

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

30, 2004, 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.

(b) During the fiscal year ending June 30, 2005, each federal grant or

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

22 of 2003 Senate Bill No. 6 and which is not otherwise appropriated to

that state agency for fiscal year 2005 by this or other appropriation act of

the 2003 or 2005 regular session of the legislature, is hereby appropriated

for fiscal year 2005 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 reappro-

priated or approved for expenditure by the governor, for fiscal year 2005,

until the governor has authorized the state agency to make expenditures

from such federal grant or other federal receipt for fiscal year 2005.

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

made by any state agency which is named in this act and which is not

otherwise authorized by law to apply for and receive federal grants, ex-

penditures may be made by such state agency from moneys appropriated

for fiscal year 2004 by this or other appropriation act of the 2003 regular

session of the legislature to apply for and receive federal grants during

fiscal year 2004, 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 ap-

propriated or reappropriated or approved for expenditure by the gover-

nor, until the governor has authorized the state agency to make expend-

itures therefrom.

Sec. 94. Any correctional institutions building fund appropriation here-

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

ation act of the 2003 regular session of the legislature, and having an

unencumbered balance as of June 30, 2003, in excess of $100 is hereby

reappropriated for the fiscal year ending June 30, 2004, for the same uses

and purposes as originally appropriated unless specific provision is made

for lapsing such appropriation.

Sec. 95. Any Kansas educational building fund appropriation heretofore

appropriated to any institution named in this or other appropriation act

of the 2003 regular session of the legislature and having an unencumbered

balance as of June 30, 2003, in excess of $100 is hereby reappropriated

for the fiscal year ending June 30, 2004, for the same use and purpose as

originally appropriated, unless specific provision is made for lapsing such

appropriation.

Sec. 96. Any state institutions building fund appropriation heretofore

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

of the 2003 regular session of the legislature and having an unencumbered

balance as of June 30, 2003, in excess of $100 is hereby reappropriated

for the fiscal year ending June 30, 2004, for the same use and purpose as

originally appropriated, unless specific provision is made for lapsing such

appropriation.

Sec. 97. 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,

2004.

Sec. 98. During the fiscal year ending June 30, 2004, each state agency

named in this act that has a cost reduction for which an employee sug-

gestion bonus is paid pursuant to subsection (f) of K.S.A. 2002 Supp. 75-

37,105, and amendments thereto, shall transfer (1) from each state gen-

eral fund appropriation or reappropriation account for fiscal year 2004

from which all or part of such cost reduction has been realized to the

state general fund, in accordance with subsection (f) of K.S.A. 2002 Supp.

75-37,105, and amendments thereto, the amount equal to 80% of the cost

reduction which is attributed to such account, and (2) from each special

revenue fund for fiscal year 2004 from which all or part of such cost

reduction has been realized to the state general fund, in accordance with

subsection (f) of K.S.A. 2002 Supp. 75-37,105, and amendments thereto,

the amount equal to 80% of the cost reduction which is attributed to such

special revenue fund.

Sec. 99. On July 1, 2003, K.S.A. 75-6702 and K.S.A. 2002 Supp. 79-

3425c are hereby repealed.

Sec. 100. This act shall take effect and be in force from and after its

publication in the Kansas register.

(cross) Section 16(c) was line-item vetoed.

(cross) Section 21 was line-item vetoed.

(cross) Section 36(e) was line-item vetoed.

(cross) Section 36(f) was line-item vetoed.

(cross) Section 73(f) was line-item vetoed.

(See Messages from the Governor.)

Approved May 23, 2003, 2002.

Published in the Kansas Register June 5, 2002.


__________




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