April 2, 1999

Journal of the House

FIFTY-EIGHTH DAY
______
Hall of the House of Represenatitives
Topeka, KS, Friday, April 2, 1999, 10:00 a.m.
 The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

 The roll was called with 124 members present.

 Rep. O'Connor was excused on excused absence by the Speaker.

   Prayer by Rep. (Rev.) Bob Bethell, pastor, Raymond Baptist Church and First Baptist of
Alden, and guest of Rep. Lightner:

              Our Heavenly Father,

                We come today to express our thanks for the gifts that you give to us.

              This special day shows how far your love for each of us extends. Your
            word tells us that you loved us so much that you gave your only Son that we
            might be reconciled to you.

              You ask us to love you and to love others, as you have loved us. This is
            a love that loves the person while hating that that destroys the person. It is
            difficult for us to understand unconditional love.

              Help us to learn more about you that we may understand. Assist us to
            grow into the beautiful thing that you hoped we would be as you thought of
            us.

              Guide us in our activity that we may be honoring to you in all that we
            do. We ask this in the name of your son, Jesus, who gave His life for us.

              Amen.

     The Pledge of Allegiance was led by Rep. Ray.

PRESENTATION OF PETITIONS
 The following petition was presented and filed:

   HP 2009, by Rep. Powell, a petition favoring case management service for the mentally
ill homeless, signed by Patricia Beckham of Sedgwick County and 69 others.

COMMUNICATIONS FROM STATE OFFICERS
 From Charles R. Ranson, President, Kansas, Inc., in response to 1998 HR 6008,
Feasibility Study for Adjusted Estimations of Value of Kansas Exports and Annual survey
of Kansas Manufacturers and Exporters (ASKME).

   The complete report is kept on file and open for inspection in the office of the Chief
Clerk.

MESSAGE FROM THE SENATE
 Announcing passage of SB 323.

 Announcing passage of HB 2380.

 Also, announcing passage of HB 2362, as amended; HB 2404, as amended; HB 2565,
as amended.

 The Senate adopts conference committee report on SB 107.

 The Senate nonconcurs in House amendments to SB 226, requests a conference and has
appointed Senators Langworthy, Bond and Lee as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2213 and has
appointed Senators Praeger, Salmans and Steineger as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2259 and has
appointed Senators Emert, Vratil and Goodwin as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2352 and has
appointed Senators Emert, Vratil and Goodwin as conferees on the part of the Senate.

INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
 The following Senate bill was thereupon introduced and read by title:

   SB 323.

INTRODUCTION OF ORIGINAL MOTIONS
 On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 226.

 Speaker pro tem Mays thereupon appointed Reps. Adkins, Aurand and Minor as
conferees on the part of the House.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 HB 2519, An act making and concerning appropriations for the fiscal years ending June
30, 2000, and June 30, 2001; authorizing certain transfers, capital improvement projects and
fees, imposing certain restrictions and limitations and directing or authorizing certain
receipts, disbursements and acts incidental to the foregoing; amending K.S.A. 1998 Supp.
79-2964, 79-3425i and 79-34,147 and repealing the existing sections, was considered on final
action.

 On roll call, the vote was: Yeas 68; Nays 56; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Alldritt, Ballard, Barnes, Burroughs, Carmody, Crow, Dean, Faber, Farmer,
Feuerborn, Findley, Flaharty, Flora, Franklin, Garner, Gilbert, Gilmore, Grant, Gregory,
Haley, Henderson, Henry, Howell, Johnston, Kirk, Klein, Phill Kline, Kuether, Landwehr,
Larkin, M. Long, P. Long, Mayans, McClure, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Nichols, Palmer, Pauls, E. Peterson, Phelps, Pottorff,
Powell, Powers, Reardon, Rehorn, Reinhardt, Ruff, Sharp, Showalter, Shriver, Sloan,
Spangler, Storm, Swenson, Tedder, Thimesch, Toelkes, Toplikar, Vining, Wagle, Weiland,
Welshimer.

 Nays: Aday, Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Bethell, Boston, Campbell,
Compton, Cox, Dahl, Dreher, Edmonds, Empson, Flower, Freeborn, Gatewood, Geringer,
Glasscock, Hayzlett, Helgerson, Hermes, Holmes, Horst, Huff, Humerickhouse, Hutchins,
Jenkins, Jennison, Johnson, Phil Kline, Krehbiel, Lane, Light, Lightner, Lloyd, Loyd, Mason,
Mays, Neufeld, O'Brien, O'Neal, Osborne, J. Peterson, Ray, Schwartz, Shultz, Stone,
Tanner, Tomlinson, Vickrey, Weber, Wells, Wilk.

 Present but not voting: None.

 Absent or not voting: O'Connor.

 The bill passed, as amended.


EXPLANATIONS OF VOTE
 Mr. Speaker: As State Representatives we are charged with the responsibility of
considering the common good of all Kansas residents.

 It is difficult to talk to my constituents about responsibility when we pass a bill that ignores
the committee structure which has been established through a democratic process.

 Additionally I cannot give my support to a bill that presents a compensation plan for
Legislators that has the potential of making good people liars. I vote no on HB 2519.--
Bob Bethell

   Mr. Speaker: While I believe there are some very worthwhile increases in State spending
contained within this budget, I believe it is wrong for us to increase our own pay while
hiding behind the mentally disabled and the public schools and other State agencies. I am
ashamed to think this body would cut spending in SRS while trying to hide a legislative pay
increase. It is wrong for us to deceive the people of Kansas. This is not the time nor the
way for us to raise legislative pay. For this reason I vote no on HB 2519.--John Ballou,
Mary Compton

   Mr. Speaker: I believe it would be irresponsible for me to vote for HB 2519. I strongly
support spending for mental health and developmental disabilities but the revenue sources
for their support in this bill is unusual, and may even be inappropriate internal transfers of
funds.

 In addition, I oppose this bill because while we reduce funding for some important
programs, we have included one of the largest pay increases in the history of the state.

 I hope that before this session is over, there will be an appropriations bill for which I will
be able to vote and defend to the people of my district and state. I vote no on HB 2519.--
Dan Johnson, Joann Flower

   Mr. Speaker: The voters that sent me here expected responsible government. HB 2519
in my opinion is irresponsible government. I vote no.--Stanley Dreher

   Mr. Speaker: The House Budget Committee is to be commended for recognizing the
significant impact of appropriate services for individuals with disabilities and mental health
needs. This budget shows a sensitivity to the lives of individuals with special needs and
assures adequate services for vulnerable children and adults. I vote yes on HB 2519.--
Carlos Mayans

   Mr. Speaker: I vote no on HB 2519. I cannot vote for a budget that places excessive
legislative pay increases before the educational needs of our children.--Cindy Hermes

   Mr. Speaker: I vote no on HB 2519. For the most part I am proud to serve in this
body. I find my fellow Representatives intelligent and sincere.

 I have no pride in this bill. It contains a pay raise for ourselves that we are too cowardly
to vote on in the open.

 It fails to fund public schools at the same level that later today I believe we will cynically
endorse.

 But mostly it funds programs for the mentally ill and developmentally disabled with TANF
funds which may be illegal. This is a cruel hoax perpetrated on the citizens in our state who
are least likely to be able to defend themselves.--Bob Tomlinson, Lisa Benlon, Larry
Campbell, Cindy Empson

   Mr. Speaker: Among its myriad flaws, HB 2519 provides state aid to public school
districts that is significantly below sufficient levels, and less than House and Senate
Committee recommended.

 It ignores needs for regents faculty and law enforcement salary increases, while granting
legislators a huge increase in compensation.

 It starves economic development, and fires people who help kids in foster care.

 It creates new state programs by gutting existing ones and ignoring Kansas infrastructure,
most notably prisons.

 We need to put kids, schools and public safety ahead of the political schemes of the
legislators who produced this monstrosity. I vote no on HB 2519.--Carl C. Krehbiel

   Mr. Speaker: I vote ``no'' on HB 2519. While I want the funding for HCBS/MR-DD
preserved in the bill, I cannot with good conscience vote for the remainder of this bill, which
was the product of shady dealings and, frankly, legislative greed. It is unconscionable, in my
opinion, to tie the hopes of our children and less fortunate with a thinly disguised major
pay increase for legislators. It is cowardly to refuse to address legislative compensation
separately, on its own merits. Let's set aside self-interest and self-promotion and pass a
budget that is fiscally sound and morally sufficient.--Michael R. ``Mike'' O'Neal

   Mr. Speaker: I'm voting against HB 2519 for a variety of reasons. First, this bill
represents a dismantling of our already underfunded economic development programs vital
to all Kansans.

 Second, the reduction of the maintenance funds for over 400 prison facilities will have
disastrous long term effects.

 But third and most important is the deception this bill represents. The deception extends
beyond the method by which the bill was constructed. It extends to deceiving the Kansas
taxpayer as to what their actual cost will be. But worst of all is the deception of our most
vulnerable citizens. This bill cannot possibly deliver what it promises.--Jerry L. Aday

   Mr. Speaker: These words are intended for my friends and neighbors in southwest
Kansas who were responsible for sending me up here to represent them.

 I do not deny that there are many worthy funding components in this bill. This bill is
structured to help and benefit all of Kansas and its citizens. It has also been structured in
such a way that it will even double my legislative pay.

 I know you sent me up here to do good work for all of Kansas, but I also know you did
not send me up here to help myself in the process. I vote no on HB 2519.--Bill Light

   Mr. Speaker: We have re-created the ``winner-loser'' debacle over needed services to
our constituents. The needs of people is wrapped in the squabble of money for agencies. If
we as legislators can scrap the budgeting process...use a little creative
accounting...appropriate money that doesn't exist...use a little smoke here and a mirror there
and accept a pay increase for our good work why didn't we spend a little more and make
everyone happy? If we really believe one plus one equals eleven we can solve all of these
``money'' problems. I vote no on HB 2519.--Garry Boston

   Mr. Speaker: I vote ``no'' on HB 2519. This bill uses my constituents as pawns in a
horrible power play. This budget includes a huge salary increase for legislators at the expense
of families in need. We can and should do better.--Lynn Jenkins

   Mr. Speaker: It is not by my hand or yours, not by any design conceived by any of us,
no coincidence we are here on this Good Friday, but by a design far grander, far more
beautiful than we can imagine. We are here this morning to do one good thing. As spring
comes, bringing life-new life- so this legislation comes bringing new life-bringing new hope
and new opportunity to so many. Mr. Speaker, for the least of us, on this Good Friday, I
vote yes, I vote yes, I vote yes, a thousand times yes...I vote yes on HB 2519.--Richard
Alldritt

   Mr. Speaker: I vote ``no'' on HB 2519. This bill contains a provision which allows
individual legislators to be compensated for an additional 57 days during the interim session.
Despite the protestations of certain of my colleagues, this voucher arrangement does, in
fact, constitute a substantial increase in legislative pay. The 45% rate of increase is one of
the largest ever enacted and, in my opinion, is totally indefensible.

 HB 2519 moves us down the road towards a full time legislature dominated by
professional politicians. I vote to preserve the citizen legislature. I vote ``no'' on HB 2519.--
John Edmonds

   Mr. Speaker: While I strongly support the additional aid for persons who are
developmentally disabled, and the extra funds for other areas of mental health, I cannot, in
good conscience support a budget that takes longevity raises away from hard working state
employees while at the same time giving raises to employees in the private sector.

 In addition, I cannot support a budget that offers a pay increase for legislators while at
the same time making massive cuts in other areas of the budget. I vote ``No'' on HB 2519.--
Lloyd A. Stone

   Mr. Speaker: I vote no on HB 2519. As a House Agriculture Budget Committee
Member, I dedicated 60 hours of committee time in listening to Agencies present their
budgets and thoroughly reviewing budgets. I came to the full appropriations committee
prepared to defend the decisions of that committee and the programs that are important to
the people I represent only to find that the decisions had already been made by a select
few. I can't support a bill which helps legislators' bank accounts before it helps agriculture,
education, and Kansas Communities' economic development. I don't think it's a responsible
use of taxpayers' money.--Sharon Schwartz

   Mr. Speaker: We vote yes on HB 2519. Today in Kansas with the passage of this bill,
the process of more fairly appropriating our state's resources towards children and families
and away from the corporate welfare elite has begun. As we begin the new millennium let
us continue our progress in budgeting and demand greater accountability, responsibility and
civility of our state agencies toward the good people of this great State of Kansas.--Doug
Spangler, Broderick Henderson, David Haley, Margaret Long, Bonnie Sharp,
Tom Burroughs, Rick Rehorn

   Mr. Speaker: On the $1.4 million pay raise for legislators, I vote no.

 On a budget which says that three-months' responsible work fashioning a plan for
educational financing is of no consequence, and is to be ignored, I vote no.

 On a budget that denies any opportunity to provide meaningful restructuring and
responsible financing for higher education and community colleges, I vote no.

 For loading on the backs of Kansas taxpayers 60% of the cost of social programs which
the federal government would otherwise presently fund, I vote no.

 For the abandonment of our stewardship of the Statehouse and public safety, by deleting
maintenance funding, I vote no. I vote no on HB 2519.--Ward Loyd

   Mr. Speaker: While I believe funding additions to the Governor's recommendations
found in several areas are quite appropriate, I'm troubled by the possible illegal use of
TANF dollars and shifting monies from other critical areas that are used to fund these
enhancements. It is bothersome that we led employees to believe that creativity and hard
work resulting in agency savings would be rewarded with performance bonuses, instead they
fund longevity bonuses. In an exuberance to spend less than the Governor this bill misleads
Kansans in regard to the true cost of these changes to the Governor's recommendations. I
vote noon HB 2519--Deena Horst

   Mr. Speaker: I vote no on HB 2519. HB 2519 not only raises pay for legislators but
also funds a pay parity issue for those that defend the murderers and rapists of Kansas. Isn't
that ironic? While funding those initiatives the budget does not fund the parity issue for
those that educate the young people of Kansas at institutions of higher education. It is clear
that the priorities set in this budget are inappropriate.--Jeff Peterson

   Mr. Speaker: I vote ``No'' on HB 2519. While making sure the unborn have good care
this bill fails to fund good care for our elderly, disabled and needy. The budget for the State
must address the needs of the majority, this HB 2519 does not fit that criteria.--Kathe
Lloyd

   On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
O'Neal in the chair.

COMMITTEE OF THE WHOLE
 On motion of Rep. O'Neal, Committee of the Whole report, as follows, was adopted:

   Recommended that committee report to Sub. SB 117 be adopted; also, on motion of
Rep. Flora to amend, Rep. Tomlinson requested a ruling on the amendment being germane
to the bill. The Rules Chair ruled the amendment not germane. Rep. Flora challenged the
ruling, the question being ``Shall the Rules Chair be sustained?'' Roll call was demanded.

 On roll call, the vote was: Yeas 73; Nays 48; Present but not voting: 0; Absent or not
voting: 4.

 Yeas: Aday, Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Bethell, Boston, Campbell,
Carmody, Compton, Cox, Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Flower,
Franklin, Geringer, Gilmore, Glasscock, Gregory, Hayzlett, Hermes, Holmes, Horst, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Phil Kline, Phill Kline, Krehbiel,
Landwehr, Lane, Light, Lightner, Lloyd, P. Long, Loyd, Mason, Mays, McCreary,
Mollenkamp, Morrison, Neufeld, O'Neal, Osborne, Palmer, J. Peterson, Pottorff, Powell,
Powers, Ray, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Tomlinson, Toplikar, Vickrey,
Vining, Wagle, Weber, Wells, Wilk.

 Nays: Alldritt, Ballard, Barnes, Burroughs, Crow, Dean, Feuerborn, Findley, Flaharty,
Flora, Freeborn, Garner, Gatewood, Gilbert, Grant, Henderson, Henry, Howell, Johnston,
Kirk, Klein, Kuether, Larkin, M. Long, Mayans, McClure, McKechnie, McKinney, Minor,
Nichols, O'Brien, Pauls, E. Peterson, Phelps, Reardon, Rehorn, Reinhardt, Ruff, Schwartz,
Sharp, Showalter, Shriver, Spangler, Tedder, Thimesch, Toelkes, Weiland, Welshimer.

 Present but not voting: None.

 Absent or not voting: Haley, Helgerson, Myers, O'Connor.

 The Rules Chair was sustained; and Sub. SB 117 be passed as amended.

 Committee report to SB 171 be adopted; also, on motion of Rep. Aurand to amend, the
motion did not prevail.

 Also, on motion of Rep. Light to amend SB 171, Rep. Larkin requested the question be
divided. The question was divided. On Part A, SB 171 be amended

      Sec.  13. K.S.A. 72-7108 is hereby amended to read as follows: 72-7108. (a) After May
1, 1965, Transfers of territory from one unified district to another unified district shall be
made only as follows: (1) (a) Upon the written agreement of any two boards approved by
the state board of education, or (2) (b) upon order of the state board after petition therefor
by one board and a public hearing thereon conducted by the state board of education. The
effective date of any such transfer shall be the date of approval thereof or order therefor
issued by the state board of education or the July 1 following. Notice of the public hearing
on such a petition shall be given by publication by the state board of education for two
consecutive weeks in a newspaper of general circulation in the unified district from which
territory is to be transferred, the last publication to be not more than 10 nor less than three
days prior to the date of the hearing. The notice shall state the time and place of the hearing
and shall give a summary description of the territory proposed to be transferred. Within 90
days after receiving an agreement or, if a public hearing is held, within 90 days after the
hearing, the state board of education shall issue its order either approving or disapproving
such transfer petition or agreement, or approving the same with such amendments as it
deems appropriate. Whenever a petition for transfer of territory has been denied by the
state board of education, no petition for transfer of substantially the same territory shall be
received or considered by the state board of education for a period of two years.

      (b) No transfer shall be made under authority of this section which causes any unified
district to have territory which is not contiguous to the other territory of such unified district.
For the purpose of the school unification acts, territory of a unified district is contiguous if
all of the parts thereof touch and adjoin at more than one point, except that no unified
district which has noncontiguous territory shall be invalidated by this provision. The
restrictions on transfer of territory imposed by this subsection (b) shall not apply if the net
effect of the transfer is not violative of such restrictions considering all territory transferred
in the same order or agreement.

      Sec.  14. K.S.A. 72-8703 is hereby amended to read as follows: 72-8703. Agreements to
consolidate under authority of this act shall provide that such agreement shall be of no force
or effect unless first approved by the state board and is thereafter approved at a special
election called for the purpose in the territory which will comprise the consolidated unified
school district. The territory which will comprise the consolidated unified school district may
be noncontiguous.

      Sec.  15. K.S.A. 72-8704 is hereby amended to read as follows: 72-8704. The territory of
the consolidated unified school district shall be all of the territory of the school districts being
consolidated. The territory of the school districts being consolidated may be noncontiguous.
All of the electors residing in the school districts being consolidated shall be entitled to vote
at such election. The proposition submitted shall be stated on the ballot and in the notice of
election in substantially the following words: ``Shall school districts ____________ and
____________ form a consolidated unified school district?'' and the blanks shall be
filled with the names of each of the school districts being consolidated. The county election
officer of the home county of the consolidated unified school district shall conduct the
election. Laws applicable to question submitted elections in school districts shall be
applicable in the conduct of the elections provided for under this section to the extent that
the same are not in conflict herewith.

      Sec.  16. K.S.A. 72-8705 is hereby amended to read as follows: 72-8705. Before any
consolidated unified school district is finally approved under this act, the results of the
election shall be certified by the county election officer in accordance with the determination
of the county board of canvassers of the home county of the consolidated unified school
district to the state board, and. If such election was favorable to consolidation of the school
districts, it the state board shall issue an order establishing the unified school district. Such
order shall specify the home county of the unified school district and, assign a number
thereto. It shall also and describe the boundaries thereof. If the consolidated unified school
district is comprised of noncontiguous territory, the order of the state board shall describe
such territory.'';

      By renumbering sections 12 through 14 as sections 17 through 19;

      Also on page 11, in line 12, after ``K.S.A.'' by inserting ``72-7108, 72-8703, 72-8704 and
72-8705 and K.S.A.'';

      In the title, in line 19, after ``K.S.A.'' by inserting ``72-7108, 72-8703, 72-8704 and 72-
8705 and K.S.A.'';

 On Part B, SB 171 be amended on page 11, following line 8, by inserting five new sections
as follows:

      ``New Sec.  12. For the purposes of the school district finance and quality performance
act, and notwithstanding any provision of the act to the contrary, state financial aid for any
district formed by consolidation in accordance with the statutory provisions contained in
article 87 of chapter 72 of Kansas Statutes Annotated shall be computed by the state board
of education as follows:

      (a) Determine the amount in the school year preceding the school year in which the
consolidation is effectuated of the state financial aid of each of the former districts of which
the consolidated district is composed;

      (b) add the amounts determined under (a). The sum is the state financial aid of the
consolidated district for the school year in which the consolidation is effectuated and for
the next succeeding school year.

 Also, roll call was demanded on motion of Rep. Morrison to amend SB 171 on page 10,
by striking all of lines 12 through 42;

      By renumbering sections 11 through 14 as sections 10 through 13, respectively;

      In the title, by striking all of line 18; in line 19, by striking ``ration;'';

 On roll call, the vote was: Yeas 37; Nays 86; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Alldritt, Allen, Aurand, Ballard, Benlon, Campbell, Carmody, Crow, Faber,
Feuerborn, Findley, Freeborn, Garner, Gatewood, Grant, Haley, Henry, Howell, Hutchins,
Klein, Phil Kline, Larkin, Lightner, McClure, McKinney, Minor, Mollenkamp, Morrison,
O'Brien, Pauls, Phelps, Schwartz, Tedder, Toelkes, Tomlinson, Toplikar, Weiland.

 Nays: Aday, Adkins, Ballou, Barnes, Beggs, Bethell, Boston, Burroughs, Compton, Cox,
Dahl, Dean, Dreher, Edmonds, Empson, Farmer, Flaharty, Flora, Flower, Franklin,
Geringer, Gilbert, Gilmore, Glasscock, Gregory, Hayzlett, Helgerson, Henderson, Hermes,
Holmes, Horst, Huff, Humerickhouse, Jenkins, Jennison, Johnson, Johnston, Kirk, Phill
Kline, Krehbiel, Kuether, Lane, Light, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans,
Mays, McCreary, McKechnie, Myers, Neufeld, Nichols, O'Neal, Osborne, Palmer, E.
Peterson, J. Peterson, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff,
Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner,
Thimesch, Vickrey, Vining, Wagle, Weber, Wells, Welshimer, Wilk.

 Present but not voting: None.

 Absent or not voting: Landwehr, O'Connor.

 The motion of Rep. Morrison did not prevail.

 Also, on motion of Rep. Storm SB 171 be amended on page 4, in line 31, after ``$3,787''
by inserting ``in the 1999-2000 school year, $3,837 in the 2000-01 school year, and $3,887
in the 2001-02 school year and in school years thereafter'';

 Also, roll call was demanded on motion of Rep. Helgerson to amend SB 171 on page 11,
following line 8, by inserting the following material to read as follows:

 ``Sec. 12.

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:

  General state aid

For the fiscal year ending June 30, 2000$18,500,000
For the fiscal year ending June 30, 2001$1,839,051,000
  Provided, That any unencumbered balance in the general state aid account in excess of $100
as of June 30, 2000, is hereby reappropriated for fiscal year 2001.
For the fiscal year ending June 30, 2002$1,857,095,000
  Provided, That any unencumbered balance in the general state aid account in excess of $100
as of June 30, 2001, is hereby reappropriated for fiscal year 2002.
  Supplemental general state aid
For the fiscal year ending June 30, 2000$600,000
   (b) For the fiscal years ending June 30, 2000, June 30, 2001, and June 30, 2002,
appropriations are hereby made, restrictions and limitations are hereby imposed, and
transfers, disbursements and acts incidental to the foregoing are hereby directed or
authorized as provided in this section.
 (c) The appropriations made by this section shall not be subject to the provisions of K.S.A.
46-155 and amendments thereto.``;
 And by renumbering sections accordingly;
 On page 1, in the title, in line 19, before ``amending'' by inserting ``making and concerning
appropriations for the fiscal years ending June 30, 2000, June 30, 2001, and June 30, 2002,
for the department of education;'';
 On roll call, the vote was: Yeas 116; Nays 8; Present but not voting: 0; Absent or not
voting: 1.
 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Compton, Crow, Dahl, Dean, Edmonds, Empson,
Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner,
Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jenkins, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans,
Mays, McClure, McCreary, McKechnie, McKinney, Mollenkamp, Morrison, Myers,
Neufeld, Nichols, O'Brien, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson,
Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Ruff, Schwartz, Sharp, Showalter,
Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tedder, Thimesch, Toelkes,
Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.
 Nays: Carmody, Cox, Dreher, Jennison, Johnson, Minor, Reinhardt, Tanner.
 Present but not voting: None.
 Absent or not voting: O'Connor.
 The motion of Rep. Helgerson prevailed; and SB 171 be passed as amended.

 Committee report to SB 170 be adopted; and the bill be passed as amended.

 On motion of Rep. Phil Kline SB 325 be amended on page 2, in line 5, by striking
``$500,000'' and inserting ``$300,000''; following line 19, by inserting the following:

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

 Also on page 2, in line 25, by striking ``$3,338,605'' and inserting ``$3,098,605'';

 On page 3, by striking all in lines 4 through 8; following line 10, by inserting the following
material to read as follows:

 ``(a) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 1999, for the capital improvement project or projects
specified as follows:

Bleacher construction project$50,000'';
   And by relettering the remaining subsection accordingly;

 Also on page 3, by striking all in line 21 and inserting in lieu thereof the following:

``Roberts building renovation$450,000'';
   Also on page 3, in line 27, by striking ``$7,266,747'' and inserting ``$5,266,747''; in line
39, by striking ``$4,722,725'' and inserting ``$2,722,725'';

 On page 4, following line 6, by inserting the following material to read as follows:

``Debt service payment for the revenue refunding bond issue$2,000,000'';
   On page 5, by striking all in lines 3 through 6;

 And by relettering subsections accordingly;

 Also on page 5, by striking all in line 41;

 On page 9, in line 26, by striking ``$35,000'' and inserting ``$15,000'';

 On page 21, following line 1, by inserting the following material to read as follows:

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

Electrical distribution system improvements$1,225,000'';
   On page 23, in line 22, by striking ``$171,174'' and inserting ``$173,500''; by striking all in
line 43;

 On page 24, in line 1, by striking ``vard, Topeka;''; also in line 1, by striking ``(5)'' and
inserting ``(4)''; in line 5, by striking ``$295,000'' and inserting ``$225,000''; following line 10,
by inserting the following:

 ``(c) In addition to the other purposes for which expenditures may be made by the above
agency from the special employment security fund for fiscal year 2000, expenditures may
be made by the above agency from the special employment security fund for fiscal year
2000 for the following capital improvement purpose: (1) Purchasing real property located
at 414, 416, 417 and 420 SW Jackson, Topeka, Kansas: Provided, That expenditures from
the special employment security fund for fiscal year 2000 for purchasing such real property
shall not exceed $150,000: Provided further, That all expenditures from the special
employment security fund for fiscal year 2000 for purchasing such real property shall be in
addition to any expenditure limitation imposed on the special employment security fund for
fiscal year 2000.'';
 On page 24, in line 22, by striking ``study''; in line 23, by striking ``$10,000'' and inserting
``$200,000'';
 On page 25, following line 6, by inserting the following:
``Relocation of KBI headquarters planning$769,000'';
   Also on page 25, following line 11, by inserting the following:
 ``Any unencumbered balance in each of the following accounts in excess of $100 as of
June 30, 1999, is hereby reappropriated for fiscal year 2000: Relocation of KBI headquarters
planning.'';
 On page 28, in line 31, by striking ``$2,075,000'' and inserting ``$1,675,000'';
 On page 30, by striking all in line 31;
 On page 31, by striking all in lines 2 through 11 and inserting in lieu thereof the following:
``Juvenile facility planning needs$4,000,000
   (b) There is appropriated for the above agency from the state institutions building fund
for the fiscal year ending June 30, 1999, for the capital improvements project or projects
specified as follows:
Juvenile facility planning needs$1,000,000'';
  and SB 325 be passed as amended.

INTRODUCTION OF ORIGINAL MOTIONS
 On emergency motion of Rep. Glasscock pursuant to House Rule 2311, Sub. SB 117;
SB 171, 170, 325 were advanced to Final Action on Bills and Concurrent Resolutions.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 Sub. SB 117, An act concerning unclaimed property; providing for the disposition
thereof; amending K.S.A. 58-3934, 58-3936, 58-3938, 58-3943, 58-3949, 58-3952, 58-3953,
58-3962 and 58-3974 and K.S.A. 1998 Supp. 58-3935 and 58-3950 and repealing the existing
sections; also repealing K.S.A. 58-3937, 58-3940, 58-3941, 58-3942, 58-3944, 58-3945, 58-
3946, 58-3947 and 58-3948 and K.S.A. 1998 Supp. 58-3939, was considered on final action.

 Call of the House was demanded.

 On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Franklin, Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant,
Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell,
Huff, Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil
Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M.
Long, P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien, O'Neal, Osborne,
Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon,
Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey,
Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: O'Connor.

 The substitute bill passed, as amended.

   SB 171, An act concerning school district finance; relating to the counting of preschool-
aged at-risk pupils; increasing base state aid per pupil; affecting determination of at-risk,
low enrollment, and correlation weightings; revising the definition of local effort; providing
for state grants for educational services at certain juvenile detention facilities; relating to
the school district general fund property tax levy; requiring a study of school district
organization and configuration; making and concerning appropriations for the fiscal years
ending June 30, 2000, June 30, 2001, and June 30, 2002, for the department of education;
amending K.S.A. 72-7108, 72-8703, 72-8704 and 72-8705 and K.S.A.1998 Supp. 72-6407,
72-6410, 72-6412, 72-6414, 72-6430, 72-6431, 72-6442, 72-8187 and 79-201x and repealing
the existing sections, was considered on final action.

 On roll call, the vote was: Yeas 105; Nays 19; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Aday, Adkins, Alldritt, Allen, Ballard, Barnes, Beggs, Benlon, Bethell, Boston,
Burroughs, Campbell, Cox, Crow, Dean, Empson, Faber, Feuerborn, Findley, Flaharty,
Flora, Flower, Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant,
Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell,
Huff, Hutchins, Jenkins, Johnson, Johnston, Kirk, Klein, Phil Kline, Krehbiel, Kuether,
Lane, Larkin, Light, Lightner, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure,
McCreary, McKechnie, McKinney, Mollenkamp, Morrison, Myers, Nichols, O'Brien,
O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powers, Ray,
Reardon, Rehorn, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone,
Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vining, Wagle,
Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: Aurand, Ballou, Carmody, Compton, Dahl, Dreher, Edmonds, Farmer, Franklin,
Humerickhouse, Jennison, Phill Kline, Landwehr, Lloyd, Minor, Neufeld, Powell,
Reinhardt, Vickrey.

 Present but not voting: None.

 Absent or not voting: O'Connor.

 The bill passed, as amended.

   SB 170, An act concerning certain claims against the state, making appropriations,
authorizing certain transfers, imposing certain restrictions and limitations, and directing or
authorizing certain disbursements, procedures and acts incidental to the foregoing, was
considered on final action.

 On roll call, the vote was: Yeas 106; Nays 18; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Aday, Alldritt, Allen, Aurand, Ballard, Barnes, Beggs, Bethell, Boston, Burroughs,
Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Empson, Faber, Farmer, Findley,
Flaharty, Flora, Flower, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant,
Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell,
Huff, Hutchins, Jenkins, Jennison, Johnson, Kirk, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, Light, Lightner, M. Long, P. Long, Mason, Mayans, Mays,
McClure, McCreary, McKechnie, McKinney, Mollenkamp, Morrison, Myers, Neufeld,
Nichols, O'Brien, O'Neal, Osborne, Palmer, Pauls, E. Peterson, Phelps, Powell, Powers,
Ray, Reardon, Rehorn, Ruff, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone,
Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining,
Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: Adkins, Ballou, Benlon, Campbell, Edmonds, Feuerborn, Franklin, Freeborn,
Humerickhouse, Johnston, Klein, Lloyd, Loyd, Minor, J. Peterson, Pottorff, Reinhardt,
Schwartz.

 Present but not voting: None.

 Absent or not voting: O'Connor.

 The bill passed, as amended.

   SB 325, An act making and concerning appropriations for the fiscal years ending June
30, 1999, and June 30, 2000, and authorizing certain financing, for certain capital
improvement projects for the state fair board, department of social and rehabilitation
services, Kansas state school for the blind, Kansas state school for the deaf, department of
corrections, state historical society, insurance department, department of administration,
department of commerce and housing, Fort Hays state university, Kansas state university,
Kansas state university - extension systems and agriculture research programs, Kansas state
university veterinary medical center, Emporia state university, Pittsburg state university,
university of Kansas, university of Kansas medical center, Wichita state university,
department of human resources, Kansas commission on veterans affairs, attorney general -
Kansas bureau of investigation, Kansas highway patrol, adjutant general, department of
wildlife, parks and juvenile justice authority and state board of regents; authorizing the
initiation and completion of certain capital improvement projects; and directing or
authorizing certain disbursements and acts incidental to the foregoing, was considered on
final action.

 On roll call, the vote was: Yeas 67; Nays 57; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Alldritt, Ballard, Barnes, Burroughs, Campbell, Carmody, Cox, Crow, Empson,
Faber, Farmer, Feuerborn, Findley, Flaharty, Flower, Franklin, Garner, Gatewood,
Geringer, Gilbert, Gilmore, Grant, Gregory, Henderson, Henry, Howell, Huff,
Humerickhouse, Klein, Phil Kline, Phill Kline, Landwehr, Lane, Larkin, M. Long, Mayans,
McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers,
O'Brien, E. Peterson, Phelps, Powell, Powers, Reardon, Rehorn, Sharp, Showalter, Shriver,
Shultz, Sloan, Spangler, Storm, Swenson, Thimesch, Tomlinson, Toplikar, Vickrey, Wagle,
Weiland, Wells, Welshimer.

 Nays: Aday, Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Bethell, Boston, Compton,
Dahl, Dean, Dreher, Edmonds, Flora, Freeborn, Glasscock, Haley, Hayzlett, Helgerson,
Hermes, Holmes, Horst, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Krehbiel,
Kuether, Light, Lightner, Lloyd, P. Long, Loyd, Mason, Mays, Neufeld, Nichols, O'Neal,
Osborne, Palmer, Pauls, J. Peterson, Pottorff, Ray, Reinhardt, Ruff, Schwartz, Stone,
Tanner, Tedder, Toelkes, Vining, Weber, Wilk.

 Present but not voting: None.

 Absent or not voting: O'Connor.

 The bill passed, as amended.

CONFERENCE COMMITTEE REPORT
      Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 65, submits the following report:

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

      On page 2, in line 38, after ``conducted'' by inserting ``by the secretary of agriculture'';

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

Dan Johnson

Galen Weiland

Stephen R. Morris

Dwayne Umbarger

Harry Stephens

 On motion of Rep. Johnson, the conference committee report on SB 65 was adopted.

 On roll call, the vote was: Yeas 122; Nays 1; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballou, Barnes, Beggs, Benlon, Bethell,
Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long,
P. Long, Loyd, Mason, Mays, McClure, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien, O'Neal, Osborne, Palmer, Pauls,
E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn,
Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm,
Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: Mayans.

 Present but not voting: None.

 Absent or not voting: Ballard, O'Connor.

REPORTS OF STANDING COMMITTEES
 Your Committee on Appropriations recommends that House Bill No. 2115, 2559 be
passed.

      The Committee on Education recommends SB 345, as amended by Senate Committee
of the Whole, be amended on page 1, in line 18, before ``Section'' by inserting ``New''; in
line 29, before ``Sec.'' by inserting ``New'';

      On page 2, in line 19, before ``Sec.'' by inserting ``New'';

      On page 3, in line 28, before ``Sec.'' by inserting ``New''; in line 36, before ``Sec.'' by
inserting ``New''; in line 38, before ``Sec.'' by inserting ``New'';

      On page 5, in lines 1, 9 and 26, before ``Sec.'', by inserting ``New'';

      On page 6, in line 25, before ``Sec.'' by inserting ``New'';

      On page 7, in line 19, before ``Sec.'' by inserting ``New'';

      On page 8, in line 6, after the semicolon, by striking ``and''; following line 6, by inserting
a new paragraph as follows:

      ``(8) formulate budget requests for state student financial assistance programs; and'';

      Also on page 8, in line 7, by striking ``(8)'' and inserting ``(9)''; by striking all of lines 13
through 43;

      On page 9, by striking all of lines 1 through 17;

      By renumbering sections 13 through 25 as sections 12 through 24, respectively;

      Also on page 9, in line 18, 24 and 33, before ``Sec.'' by inserting ``New'';

      On page 10, in line 35, before ``Sec.'' by inserting ``New'';

      On page 11, in lines 19 and 32, before ``Sec.'' by inserting ``New'';

      On page 12, in lines 7 and 17, before ``Sec.'' by inserting ``New'';

      On page 13, in line 25, before ``Sec.'' by inserting ``New'';

      On page 15, in line 10, before ``Sec.'' by inserting ``New'';

      On page 16, in line 7, before ``Sec.'' by inserting ``New'';

      On page 17, in lines 20 and 40, before ``Sec.'' by inserting ``New'';

      On page 18, following line 11, by inserting the following new sections:

      ``Sec.  25. K.S.A. 1998 Supp. 71-201 is hereby amended to read as follows: 71-201. (a)
The board of trustees, in accordance with the provisions of law and the rules and regulations
of the state board of education regents, shall have custody of and be responsible for the
property of the community college and shall be responsible for the operation, management
and control of the college. The board of trustees shall hold at least one regular meeting
each month at a time prescribed by the board. The board shall make an annual report in
the manner prescribed by the state board of education regents. Members of the board of
trustees shall be paid subsistence allowances, mileage and other actual and necessary
expenses incurred in the performance of their official duties.

      (b) For effectuation of the purposes of this act, the board of trustees in addition to such
other powers expressly granted to it by law and subject to the rules and regulations of the
state board of education regents is hereby granted the following powers:

      (1) To select its own chairperson and such other officers as it may deem desirable, from
among its own membership. The secretary may be chief administrative officer of the college.

      (2) To sue and be sued.

      (3) To determine the educational program of the college subject to prior approval
thereof as provided in this act and to grant certificates of completion of courses or
curriculum.

      (4) To appoint and fix the compensation and term of office of a president or chief
administrative officer of the college.

      (5) To appoint upon nomination of the president or the chief administrative officer
members of the administrative and teaching staffs, to fix and determine within state adopted
standards their specifications, define their duties, and to fix their compensation and terms
of employment. No community college teacher shall be required to meet certification
requirements greater than those required in the state universities under the control and
supervision of the state board of regents educational institutions.

      (6) Upon recommendation of the chief administrative officer, to appoint or employ such
other officers of the college, agents and employees as may be required to carry out the
provisions of law and to fix and determine within state adopted standards their qualifications,
duties, compensation, terms of office or employment and all other items and conditions of
employment.

      (7) To enter into contracts.

      (8) To accept from any government or governmental agency, or from any other public
or private body, or from any other source, grants or contributions of money or property
which the board may use for or in aid of any of its purposes.

      (9) To acquire by gift, purchase, lease-purchase, condemnation or otherwise, and to
own, lease, use and operate property, whether real, personal, or mixed, or any interest
therein, which is necessary or desirable for community college purposes. Any lease-purchase
agreement entered into under authority of this subsection shall be subject to the conditions
set forth in K.S.A. 10-1116c, and amendments thereto. The term of any lease entered into
under authority of this subsection may be for not to exceed 10 years. Such lease may provide
for annual or other payment of rent or rental fees and may obligate the community college
to payment of maintenance or other expenses. Any lease or lease-purchase agreement
entered into under authority of this subsection shall be subject to change or termination at
any time by the legislature. Any assignment of rights in any lease or lease-purchase made
under this subsection shall contain a citation of this section and a recitation that the lease
or lease-purchase agreement and assignment thereof are subject to change or termination
by the legislature. To the extent that the provisions of the cash-basis and budget laws conflict
with this subsection in such a manner as to prevent the intention of this subsection from
being made effective, the provisions of this subsection shall control. This provision is subject
to the provisions of subsection (d).

      (10) To enter into lease agreements as lessor of any property, whether real, personal,
or mixed, which is owned or controlled by the community college. Any such agreement may
specify the purposes for which the property may be used, require that the property be
maintained and operated by the lessee, and may contain such restrictions or limitations on
the use of the property, be entered into for such period of time, and include such other
terms and conditions as the board of trustees determines to be necessary and proper. Every
such agreement shall be subject to change or termination at any time by the legislature. Any
assignment of rights under any such agreement shall be subject to approval by the board of
trustees and shall contain a citation of this section and a recitation that the lease agreement
and assignment of rights thereunder are subject to change or termination by the legislature.

      (11) To determine that any property owned by the college is no longer necessary for
college purposes and to dispose of the same in such manner and upon such terms and
conditions as provided by law.

      (12) To exercise the right of eminent domain, pursuant to chapter 26 of Kansas Statutes
Annotated.

      (13) To make and promulgate such rules and regulations, not inconsistent with the
provisions of law or with rules and regulations of the state board of education regents, that
are necessary and proper for the administration and operation of the community college,
and for the conduct of the business of the board of trustees.

      (14) To exercise all other powers not inconsistent with the provisions of law or with the
rules and regulations of the state board of education regents which may be reasonably
necessary or incidental to the establishment, maintenance and operation of a community
college.

      (15) To appoint a member to fill any vacancy on the board of trustees for the balance
of the unexpired term. When a vacancy occurs, the board shall publish a notice one time in
a newspaper having general circulation in the community college district stating that the
vacancy has occurred and that it will be filled by appointment by the board not sooner than
15 days after such publication.

      (16) To contract with one or more agencies, either public or private, whether located
within or outside the community college district or whether located within or outside the
state of Kansas for the conduct by any such agencies of academic or vocational education
for students of the community college, and to provide for the payment to any such agencies
for their contracted educational services from any funds or moneys of the community
college, including funds or moneys received from student tuition, out-district tuition, and
fees, funds received from the state of Kansas or the United States for academic or vocational
education, or taxes collected under K.S.A. 71-204 and 72-4424, and amendments thereto.
Any contract made under this subsection with an institution of another state shall be subject
to the provisions of K.S.A. 71-202, and amendments thereto.

      (17) To authorize by resolution the establishment of a petty cash fund in an amount not
to exceed $1,000, and to designate in such resolution an employee to maintain such petty
cash fund. The employee designated in any resolution provided for in this subsection
receiving such funds shall keep a record of all receipts and expenditures from the fund, and
shall from time to time, and at the end of the fiscal year, prepare a statement for the board
showing all receipts, expenditures, and the balance in the petty cash fund. The board of
trustees may authorize the employee designated to maintain any petty cash fund to make a
claim for replenishment of the fund to its original amount in advance of approval by the
board of trustees if, at any time during the period between regular monthly meetings of the
board of trustees, the balance remaining in the fund is insufficient to make needed
expenditures for any purpose for which the petty cash fund is maintained. No petty cash
fund may be replenished more than one time during each period between regular monthly
meetings of the board of trustees. If a petty cash fund is replenished prior to the end of the
fiscal year in accordance with the foregoing authorization, the employee authorized to
maintain the petty cash fund shall keep an accurate record of all expenditures made
therefrom, and the purpose therefor, and shall submit the record to the board of trustees
at the next regular monthly meeting thereof. The petty cash fund shall be replenished by
payment from the appropriate funds of the community college to the petty cash fund upon
proper claim. The fund shall be kept separate from all other funds and shall be used only
for authorized expenditures and itemized receipts shall be taken for each expenditure. No
part of such fund may be loaned or advanced against the salary of an employee. All
employees entrusted with such funds under this subsection shall be bonded by the
community college district.

      (c) Subject to the provisions of subsection (d), the board of trustees may purchase or
otherwise acquire land or land and improvements and may acquire, construct, reconstruct,
repair or remodel improvements thereon or additions thereto, including furnishings,
equipment, and architectural and incidental expense related thereto, and for such purposes
the board of trustees is authorized to issue and sell general obligation bonds, the cumulative
total not to exceed the following amounts: Where the community college district has a
taxable tangible valuation of less than $90,000,000 or is located in a county designated as
urban under the provisions of K.S.A. 19-3524, and amendments thereto, not to exceed 5%
of the taxable tangible property of the community college district, and where the community
college district has a taxable tangible valuation of more than $90,000,000 not to exceed 3%
except as provided above for any community college district located in a county designated
as urban under the provisions of K.S.A. 19-3524, and amendments thereto, of the taxable
tangible property of the community college district. If any increase in the valuation of a
community college district results in an outstanding bonded indebtedness in excess of that
provided in this subsection, such increase shall not constitute a violation of this subsection.
No such bonds shall be issued until the question of their issuance shall have been submitted
to a vote of the electors of the community college district at a regular election or at a special
election called for that purpose and the majority of the electors voting on the proposition
in such community college district shall have voted in favor of the issuance of the bonds.
Such election shall be called, noticed and held and the bonds issued, sold, delivered and
retired in accordance with the provisions of the general bond law except as herein otherwise
expressly provided.

      (d) The board of trustees of a community college may not purchase or otherwise acquire
land or land and improvements outside the community college district. Nothing in this
subsection shall be construed or operate in any manner to require a board of trustees to
sell, convey or otherwise dispose of land or land and improvements located outside the
community college district and owned or being acquired by the community college on the
effective date of this act, but no board of trustees may enter into a contract for the
construction of improvements on any such land after the effective date of this act.

      Sec.  26. K.S.A. 71-204 is hereby amended to read as follows: 71-204. (a) For all the
purpose of community college maintenance and operation purposes, the board of trustees
is authorized to levy a tax on the taxable tangible property of the community college district.

      Such tax levy shall be the amount determined by the board of trustees to be sufficient to
finance that part of the budget of the community college which is not financed by either
(a) anticipated state aid of any type, (b) anticipated student tuition, or (c) anticipated out-
district tuition, or (d) anticipated federal aid of any type from any other source provided by
law. The budget of the community college shall be prepared and adopted as provided by
law, and the tax levy therefor shall be certified to the county clerk of every county a part of
the territory of which is in the community college district.

      (b) The tax levy authorized by subsection (a) shall be reduced (1) in the 2000 fiscal year
by an amount equal to 80% of the amount of the difference between the amount of state aid
received by the community college in the 1999 fiscal year less the amount of out-district
tuition received by the community college in such fiscal year and the amount of the state
grant to which the community college is entitled in the 2000 fiscal year and (2) in fiscal
years 2001, 2002, 2003 and 2004 by an amount equal to 80% of the amount of the difference
between the amount of the state grant received by the community college in the preceding
fiscal year less the amount of out-district tuition received by the community college in such
fiscal year and the amount of the state grant to which the community college is entitled in
the current fiscal year and (3) in each fiscal year after the 2004 fiscal year by an amount
equal to 80% of the amount of the difference between the amount of the state grant received
by the community college in the preceding fiscal year and the amount of the state grant to
which the community college is entitled in the current fiscal year.

      Sec.  27. K.S.A. 1998 Supp. 71-301 is hereby amended to read as follows: 71-301. (a)
The board of trustees shall charge to and collect from each student tuition at rates per credit
hour enrolled which shall be established by the board of trustees.

      (b) The board of trustees, in accordance with rules and regulations of the state board,
shall determine an amount of out-district tuition to be charged for each out-district student
attending the community college. The board of county commissioners of any county charged
with payment of out-district tuition shall levy a tax on all of the taxable property of the
county sufficient to pay all out-district tuition charges authorized by this act. The proceeds
from the tax levied under authority of this section shall be deposited in a special fund for
payment of out-district tuition. Upon receiving a statement of charges for out-district tuition,
the board of county commissioners shall allow and pay the same from the special fund
within 45 days from the receipt of such statement. If there is insufficient or no money in
the special fund, out-district tuition shall be paid from the county general fund or from the
proceeds of the sale of no-fund warrants issued for the purpose of the payment of out-
district tuition. If the board of county commissioners fails to pay such amount at the time
required under this subsection, the board of trustees shall notify the state board of such
failure to pay and shall certify to the state board the amount to be paid. Upon receipt by
the state board of such notification, the amount to be paid as certified to the state board
shall become an amount due and owing to the state board. The state board shall notify the
board of county commissioners that this amount is now due and owing to the state board.
If the board of county commissioners fails to pay such amount to the state board within 14
days of the receipt of such notification, the state board shall initiate proceedings under
K.S.A. 75-6201 et seq.. for the collection of such money. Money paid to or collected by the
state board under this subsection shall be deposited in the out-district tuition suspense
account which is hereby created in the state treasury. The state board shall pay moneys
from this account, in accordance with rules and regulations of the state board, to the
community colleges entitled to receive such money.
      (c) The total out-district tuition charged by a community college shall be an amount
equal to the number of duly enrolled out-district students times $24 for each credit hour
of each such student.
      (d)  (1) Out-district tuition shall only be charged for credit hours of out-district students
if such students, as determined by the state board, have not more than 64 credit hours from
any institution of postsecondary education or the students have not more than 72 credit
hours and are enrolled in terminal type nursing courses or freshman-sophomore level
preengineering courses.
      (2) The credit hour limitations prescribed by provision (1) of this subsection do not
apply to credit hours of out-district students if such students, as determined by the state
board, are enrolled in an approved vocational education program at a community college
for the purpose of receiving vocational or technical training or retraining in preparation for
gainful employment.
      (3) The provisions of this subsection shall expire on June 30, 1999.
      (e) In May of each fiscal year, the board of trustees shall notify the board of county
commissioners of the approximate amount of out-district tuition which will be charged to
the county in the succeeding fiscal year.
      (f) Expenditures for out-district tuition shall be exempt from the budget law of this state
to the extent of such payments not anticipated in the budget of the county.

      New Sec.  28. (a) The board of trustees, in accordance with rules and regulations of the
state board, shall determine an amount of out-district tuition to be charged for each out-
district student attending the community college. The board of county commissioners of
any county charged with payment of out-district tuition shall levy a tax on all of the taxable
property of the county sufficient to pay all out-district tuition charges authorized by this act.
The proceeds from the tax levied under authority of this section shall be deposited in a
special fund for payment of out-district tuition. Upon receiving a statement of charges for
out-district tuition, the board of county commissioners shall allow and pay the same from
the special fund within 45 days from the receipt of such statement. If there is insufficient
or no money in the special fund, out-district tuition shall be paid from the county general
fund or from the proceeds of the sale of no-fund warrants issued for the purpose of the
payment of out-district tuition. If the board of county commissioners fails to pay such
amount at the time required under this subsection, the board of trustees shall notify the
state board of such failure to pay and shall certify to the state board the amount to be paid.
Upon receipt by the state board of such notification, the amount to be paid as certified to
the state board shall become an amount due and owing to the state board. The state board
shall notify the board of county commissioners that this amount is now due and owing to
the state board. If the board of county commissioners fails to pay such amount to the state
board within 14 days of the receipt of such notification, the state board shall initiate
proceedings under K.S.A. 75-6201 et seq. for the collection of such money. Money paid to
or collected by the state board under this subsection shall be deposited in the out-district
tuition suspense account which is hereby created in the state treasury. The state board shall
pay moneys from this account, in accordance with rules and regulations of the state board,
to the community colleges entitled to receive such money.

      (b) The total out-district tuition charged by a community college shall be: (1) For the
2000 fiscal year, an amount equal to the number of duly enrolled out-district students times
$24 for each credit hour of each such student; (2) for the 2001 fiscal year, an amount equal
to the number of duly enrolled out-district students times $18 for each credit hour of each
such student; (3) for the 2002 fiscal year, an amount equal to the number of duly enrolled
out-district students times $12 for each credit hour of each such student; and (4) for the
2003 fiscal year, an amount equal to the number of duly enrolled out-district students times
$6 for each credit hour of each such student.

      (c) In May of each fiscal year, the board of trustees shall notify the board of county
commissioners of the approximate amount of out-district tuition which will be charged to
the county in the succeeding fiscal year.

      (d) Expenditures for out-district tuition shall be exempt from the budget law of this
state to the extent of such payments not anticipated in the budget of the county.

      (e) The provisions of this section shall expire on June 30, 2003.

      Sec.  29. K.S.A. 71-304 is hereby amended to read as follows: 71-304. (a)
Notwithstanding any provision contained in chapter 71 of Kansas Statutes Annotated to the
contrary, and subject to the provisions of K.S.A. 71-305, and amendments thereto, no out-
district tuition shall be charged or paid for any student attending a community college whose
residence outside the community college district is in another community college district.

      (b) The provisions of this section shall expire on June 30, 2003.

      Sec.  30. K.S.A. 71-305 is hereby amended to read as follows: 71-305. (a) The provisions
of K.S.A. 71-304 shall, and amendments thereto, not apply to any such out-district student
when the course of study or program which the student selects, or a course of study or
program which is substantially equivalent thereto, is not offered in the community college
of the district in which such student resides.

      (b) The provisions of this section shall expire on June 30, 2003.

      Sec.  31. K.S.A. 71-306 is hereby amended to read as follows: 71-306. (a) The state
board of education regents shall adopt rules and regulations prescribing criteria or guidelines
for the purpose of determining which courses of study and programs offered in the
community colleges are substantially equivalent. A current, complete list of such courses of
study and programs shall be maintained on file in the office of the state department of
education board of regents, and shall be open for public inspection at any reasonable time.

      (b) The provisions of this section shall expire on June 30, 2003.

      New Sec.  32. (a) No out-district tuition charges shall be based upon credit hours in any
subject or course the principal part of which is taught at a location outside the county of
the main campus of a community college, unless the location of such subject or course is
specifically authorized by the state board of regents.

      (b)  (1) No out-district tuition charges shall be based upon credit hours in any subject
or course which is taught in a county in which the main campus of a state educational
institution is located, unless the teaching of such subject or course is specifically authorized
by the chief executive officer of the state educational institution or by a designee of the
chief executive officer. The chief executive officer of each state educational institution may
designate and authorize a person or committee to act on behalf of the chief executive officer
in granting the authorizations required by this subsection. No authorization required by this
subsection shall be considered to be or construed in any manner as an agreement provided
for by subsection (c).

      (2) For the purposes of this subsection, the term ''main campus of a state educational
institution`` as applied to Kansas state university of agriculture and applied science means
and includes the campus of the university located in Riley county and the campus of the
university's college of technology located in Saline county.

      (3) The provisions of this subsection are subject to the provisions of subsection (c).

      (c) No out-district tuition charges shall be based upon credit hours in any subject or
course all or the principal part of which is taught at Fort Hays state university or at Wichita
state university under an agreement for the teaching of such subject or course entered into
by a community college and either such university. An agreement entered into under the
provisions of this subsection for the teaching of a subject or course by a community college
at Fort Hays state university or at Wichita state university shall constitute the authorization
required by subsection (b) for the teaching of such subject or course, and no separate
authorization under subsection (b) shall be required.

      (d) No out-district tuition charges shall be based upon any course or program if such
course or program is taught in an area vocational school, an area vocational-technical school,
or a technical college under an agreement with a community college and for which payments
of state or federal moneys are made to the area vocational school, the area vocational-
technical school, or the technical college under the provisions of article 44 of chapter 72 of
Kansas Statutes Annotated.

      (e) No out-district tuition charges shall be based upon any motorcycle driver safety
course conducted by a community college.

      (f) The provisions of this section shall expire on June 30, 2003.

      Sec.  33. K.S.A. 1998 Supp. 71-401 is hereby amended to read as follows: 71-401. (a)
Persons enrolling in a community college who, if adults, have not been, or if minors, whose
parents have not been residents of the county in which is located the principal campus of
the community college for at least six months prior to enrollment for any term or session
are nonresidents of the community college district for the purpose of determining liability
of counties for payment of out-district tuition.

      (b) The provisions of this section shall expire on June 30, 2003.

      Sec.  34. K.S.A. 71-402 is hereby amended to read as follows: 71-402. (a) For the
purpose of determining the county of residence of persons, residence of minors shall be
determined as provided in K.S.A. 72-1046 and acts amendatory thereof and of adults as
provided in subpart twenty-third of K.S.A. 77-201 and acts amendatory thereof amendments
thereto.

      (b) The provisions of this section shall expire on June 30, 2003.

      Sec.  35. K.S.A. 71-403 is hereby amended to read as follows: 71-403. (a) The state
board of education regents may adopt rules and regulations prescribing criteria or guidelines
for determination of residence of students for the purpose of determining liability of counties
for out-district tuition of students in community colleges and out-district state aid
entitlements. The state board may make conclusive determination of any residence matter
for the purpose of determination of out-district tuition and out-district state aid entitlement.

      (b) The provisions of this section shall expire on June 30, 2003.

      Sec.  36. K.S.A. 1998 Supp. 71-406 is hereby amended to read as follows: 71-406. (a)
Subject to the provisions of K.S.A. 1998 Supp. 71-407, and amendments thereto, persons
enrolling in a community college who, if adults, have not been, or if minors, whose parents
have not been residents of the state of Kansas for at least six months prior to enrollment
for any term or session are nonresidents of the state for the purpose of determining state
aid grant entitlements.

      (b) For the purpose of determining the residence of persons enrolling as a student in a
community college, residence of minors shall be determined as provided in K.S.A. 72-1046,
and amendments thereto, and of adults as provided in subpart Twenty-third of K.S.A. 77-
201, and amendments thereto. The state board of education regents may adopt rules and
regulations governing the determination of residence of students.

      Sec.  37. K.S.A. 1998 Supp. 71-407 is hereby amended to read as follows: 71-407. (a)
The following persons, or any class or classes thereof, and their spouses and dependents,
may be considered residents of the state of Kansas by the state board for the purpose of
determining state aid grant entitlements of community colleges in the 1997 fiscal year and
in fiscal years thereafter: (1) Persons who are in active military service of the United States;
(2) persons who are domiciliary residents of the state, who were in active military service
prior to becoming domiciliary residents of the state, who were present in the state for a
period of not less than two years during their tenure in active military service, whose
domiciliary residence was established in the state within 30 days of discharge or retirement
from active military service under honorable conditions, but whose domiciliary residence
was not timely enough established to meet the residence duration requirement of K.S.A.
71-406, and amendments thereto; (3) persons who are employees of a community college;
(4) persons having special domestic relations circumstances; (5) persons who have lost their
resident status within six months of enrollment; (6) persons who are not domiciliary residents
of the state, who have graduated from a high school accredited by the state board of
education within six months of enrollment at a community college, who were domiciliary
residents of the state at the time of graduation from high school or within 12 months prior
to graduation from high school, and who are entitled to admission at a state educational
institution pursuant to K.S.A. 72-116, and amendments thereto; and (7) persons who are
domiciliary residents of the state, whose domiciliary residence was established in the state
for the purpose of accepting, upon recruitment by an employer, or retaining, upon transfer
required by an employer, a position of full-time employment at a place of employment in
Kansas, but the domiciliary residence of whom was not timely enough established to meet
the residence duration requirement of K.S.A. 71-406, and amendments thereto.

      (b) As used in this section:

      (1) ``Domiciliary resident'' means a person who has present and fixed residence in
Kansas where the person intends to remain for an indefinite period and to which the person
intends to return following absence.

      (2) ``Full-time employment'' means employment requiring at least 1,500 hours of work
per year.

      (c) The state board shall prescribe criteria and guidelines for determination of the
eligibility of persons specified in subsection (a) to be considered residents of the state and
shall specify the evidence necessary to be submitted by such persons as proof of eligibility.
Evidence submitted by a person as proof of eligibility claimed under subsection (a)(7) must
include, but not by way of limitation, certification of the claim by the employer of the person.

      Sec.  38. K.S.A. 71-601 is hereby amended to read as follows: 71-601. (a) ``Credit hour''
means one hour of instruction per week for 18 weeks or the equivalent thereof the basic
unit of collegiate level instruction, as determined by the state board, in a subject or course
offered at a level not higher than those subjects or courses normally offered to freshmen
and sophomores in four-year institutions of postsecondary education which subject or course
is approved by the state board. Credit hour does not include within its meaning any hour
of instruction in a subject or course taken by a student enrolled for audit or in any subject
or course not approved by the state board. The state board, in consultation with the state
board of regents, shall determine whether the subjects and courses offered in the community
colleges are at the level of freshmen and sophomore subjects and courses offered in the
state educational institutions of postsecondary education and shall not approve any subject
or course offered at a higher level.

      (b) ``Full-time equivalent enrollment'' or ``FTE enrollment'' means the quotient obtained
by dividing by 30 the total credit hour enrollment in a fiscal year of students of a community
college who are residents of the state of Kansas, or are considered residents of the state of
Kansas pursuant to the provisions of K.S.A. 1998 Supp. 71-407, and amendments thereto.
      (c) ``State grant'' means the operating grant provided for under subsection (a) of section
39, and amendments thereto, and if entitlement is determined, the quality performance grant
provided for under subsection (b) of section 39, and amendments thereto.

      New Sec.  39. (a) In each fiscal year, commencing with the 2000 fiscal year, each
community college is entitled to an operating grant from the state general fund in an amount
to be determined by the state board. The state board shall:

      (1) Determine the average amount of state aid per FTE undergraduate student that the
regional state educational institutions are entitled to receive for the year;

      (2)  (A) in the 2000 fiscal year, compute 45% of the amount determined under (1); (B)
in the 2001 fiscal year, compute 50% of the amount determined under (1); (C) in the 2002
fiscal year, compute 55% of the amount determined under (1); (D) in the 2003 fiscal year,
compute 60% of the amount determined under (1); (E) in the 2004 fiscal year and in each
fiscal year thereafter, compute 65% of the amount determined under (1);

      (3) multiply the amount computed under (2) by the number of FTE students of the
community college. The product is the amount of the operating grant the community college
is entitled to receive for the fiscal year.

      (b) In each fiscal year, commencing with the 2003 fiscal year, each community college
is eligible for entitlement to a quality performance grant from the state general fund. If the
state board determines that the community college has demonstrated effectiveness in
complying with its role and mission statement and has met or exceeded the core indicators
of quality performance for community colleges identified and approved by the state board,
the community college is entitled to a quality performance grant in an amount which shall
be determined by the state board by computing 2% of the amount of the operating grant
the community college is entitled to receive for the fiscal year. The computed amount is
the amount of the quality performance grant the community college is entitled to receive
for the fiscal year.

      (c) For the purposes of this section, the FTE enrollment of the community college shall
be based on: (1) Enrollment of students who are residents of the state of Kansas, or are
considered residents of the state of Kansas pursuant to the provisions of K.S.A. 1998 Supp.
71-407, and amendments thereto; and (2) the greater of FTE enrollment of the community
college in the current fiscal year or FTE enrollment in the preceding fiscal year.

      (d) As used in this section, the term regional state educational institutions means
Emporia state university, Fort Hays state university and Pittsburg state university.

      New Sec.  40. (a) In the 2000 fiscal year, each community college is eligible for
entitlement to a transitional state grant. Entitlement of a community college to a transitional
state grant shall be determined by the state board as provided in this subsection. The state
board shall:

      (1) Determine the amount of credit hour state aid, out-district state aid and general
state aid received by the community college in the 1999 fiscal year;

      (2) determine the amount of the operating grant the community college is entitled to
receive for the 2000 fiscal year. If the amount determined under (2) is greater than the
amount determined under (1), the eligibility of the community college to a transitional state
grant shall lapse. If the amount determined under (1) is greater than the amount determined
under (2), the community college is entitled to a transitional state grant in an amount which
shall be determined by the state board by subtracting the amount determined under (2)
from the amount determined under (1). The difference is the amount of the state transitional
grant the community college is entitled to receive for the 2000 fiscal year.

      (b) The distribution of the appropriation for state transitional grants shall be made at a
time to be determined by the state board. The state board shall certify to the director of
accounts and reports the amount due to each community college entitled to a state
transitional grant, and the director of accounts and reports shall draw a warrant upon the
state treasurer in favor of the community college for such amount. Upon receipt of the
warrant, the treasurer of the community college shall credit the amount of the warrant to
the general fund of the community college.

      (c) The provisions of this section shall expire on June 30, 2000.

      Sec.  41. K.S.A. 71-604 is hereby amended to read as follows: 71-604. (a) From the
reports and information submitted under K.S.A. 71-603, and amendments thereto, and from
other information available to it, the state board shall determine the amount the community
college is entitled to receive as provided in K.S.A. 71-602 and 71-607 and K.S.A. 71-619,
and amendments to such sections.
      (b) If the amount of any appropriation for credit hour state aid shall be grants is
insufficient to pay in full the amount each community college is entitled to receive for credit
hour state aid, then the amount so appropriated shall be prorated among all community
colleges in proportion to the amount each is entitled to receive. If the amount of any
appropriation for out-district state aid shall be insufficient to pay in full the amount each
community college is entitled to receive for out-district state aid, then the amount so
appropriated shall be prorated among all community colleges in proportion to the amount
each is entitled to receive.

      (c) The state board may audit the records of any community college applying for a part
of any money appropriated for state aid, to verify the accuracy of the reports submitted by
the community college. The state board may adopt rules and regulations for the
administration of this act and acts amendatory thereof.
      (d) In the event (b) If any community college is paid more than the amount it is entitled
to receive under any distribution made under this act or acts amendatory thereof as a state
grant, the state board shall notify the community college of the amount of the overpayment
and the community college shall remit the same to the state board and it the state board
shall deposit the same in the state treasury to the credit of the general fund, and if any such
community college fails so to remit, the state board shall deduct the excess amount so paid
from future payments becoming due to such community college.

      (e) In the event (c) If any community college is paid less than the amount to which it
is entitled under any distribution made under this act and acts amendatory thereof to receive
as a state grant, the state board shall pay the additional amount due at any time within the
fiscal year in which the underpayment was made or within 60 days after the end of such
fiscal year.

      Sec.  42. K.S.A. 71-605 is hereby amended to read as follows: 71-605. (a) The
distribution of the appropriation for credit hour state aid and out-district state aid shall be
made three times each school year as follows: The first payment shall be made on October
1 and shall be in an amount equal to 50% of the preceding school year's credit hour state
aid entitlement of the community college. Subject to the provisions of subsection (c), The
second payment shall be made on December 1 and shall be in an amount which is equal to
the balance of the summer and fall sessions' total credit hour state aid entitlement and the
full amount of the summer and fall sessions' out-district state aid entitlement, with
adjustment for any overpayment or underpayment resulting from computation of the first
payment. The third payment shall be made on April 1 and shall be the full amount of the
spring session's credit hour state aid entitlement and the spring session's out-district state
aid entitlement, with adjustment for any underpayments or overpayments theretofore
occurring. The state board shall certify, on or before November 25 and March 25 of each
year, to the director of accounts and reports the amount due to each community college
from such appropriation on the first day of December, or for the December 1, 1987,
payment on the date specified in subsection (c) or on the first day of April, as the case may
be, and the director of accounts and reports shall draw a warrant upon the state treasurer
in favor of the community college for such amount. Upon receipt of the warrant, the
treasurer of the community college shall credit the same to the general fund of the
community college.
      (b) The distribution of the appropriation for general state aid shall be made at a time
to be determined by the state board. The state board shall certify to the director of accounts
and reports the amount due to each community college from such appropriation, and the
director of accounts and reports shall draw a warrant upon the state treasurer in favor of
the community college for such amount. Upon receipt of the warrant, the treasurer of the
community college shall credit the same to the general fund of the community college.
      (c) The credit hour state aid and out-district state aid to be paid December 1, 1987,
shall be deferred and shall be paid January 4, 1988 state grants shall be made in substantially
equal payments on August 1 and January 1 of each fiscal year, or as soon thereafter as
possible. The state board shall certify, on or before July 20 and December 20 of each fiscal
year, to the director of accounts and reports the amount due on August 1 or on January 1,
as the case may be, to each community college entitled to a state grant from such
appropriation, and the director of accounts and reports shall draw a warrant upon the state
treasurer in favor of the community college for such amount. Upon receipt of the warrant,
the treasurer of the community college shall credit the amount of the warrant to the general
fund of the community college.

      Sec.  43. K.S.A. 1998 Supp. 71-609 is hereby amended to read as follows: 71-609. (a)
No out-district tuition charges, no out-district state aid entitlement, no credit-hour state aid
entitlement, and no general amount of a state aid entitlement grant shall be based upon
credit hours enrollment in any subject or course the principal part of which is taught at a
location outside the county of the main campus of the community college, unless the location
of such subject or course is specifically authorized by the state board of education regents.

      (b)  (1) No out-district tuition charges and no out-district amount of a state aid
entitlement grant shall be based upon credit hours enrollment in any subject or course which
is taught in a county in which the main campus of a state educational institution is located,
unless the teaching of such subject or course is specifically authorized by the chief executive
officer of the state educational institution or by a designee of the chief executive officer.
The chief executive officer of each state educational institution may designate and authorize
a person or committee to act on behalf of the chief executive officer in granting the
authorizations required by this subsection. No authorization required by this subsection
shall be considered to be or construed in any manner as an agreement provided for by
subsection (c).

      (2) For the purposes of this subsection, the term ``main campus of a state educational
institution'' as applied to Kansas state university of agriculture and applied science means
and includes the campus of the university located in Riley county and the campus of the
university's college of technology located in Saline county.

      (3) The provisions of this subsection are subject to the provisions of subsection (c).
      (c)  (1) No out-district tuition charges shall be based upon credit hours in any subject
or course all or the principal part of which is taught at Fort Hays state university or at
Wichita state university under an agreement for the teaching of such subject or course
entered into by a community college and either such university. An agreement entered into
under the provisions of this subsection for the teaching of a subject or course by a community
college at Fort Hays state university or at Wichita state university shall constitute the
authorization required by subsection (b) for the teaching of such subject or course, and no
separate authorization under subsection (b) shall be required.
      (2) The provisions of this subsection shall expire on June 30, 2000, unless amended by
act of the legislature prior to such date.

      Sec.  44. K.S.A. 71-609a is hereby amended to read as follows: 71-609a. No out-district
state aid entitlement, no credit-hour state aid entitlement, and no general amount of the
state aid entitlement grant of a community college shall be based upon any course or
program if such course or program is taught in an area vocational school or, an area
vocational-technical school, or a technical college under an agreement with such community
college and for which payments of state or federal moneys are made to the area vocational
school or, the area vocational-technical school, or the technical college under the provisions
of article 44 of chapter 72 of Kansas Statutes Annotated, and no such course or program
shall be counted in determining the number of credit hours of out-district students for the
purpose of computing the amount of out-district tuition to be charged by a community
college.

      Sec.  45. K.S.A. 71-610 is hereby amended to read as follows: 71-610. (a)
Notwithstanding any provision contained in chapter 71 of Kansas Statutes Annotated to the
contrary, whenever there are two community college districts located within one county, no
out-district tuition shall be charged for any student residing in such county and attending
either such community college. No out-district state aid entitlement shall be based upon
enrollment of any student who resides in such a county and attends either community college
therein.

      (b) The provisions of this section shall expire on June 30, 2003.

      Sec.  46. K.S.A. 1998 Supp. 71-611 is hereby amended to read as follows: 71-611. (a)
``Operating expenses'' means the total expenditures and lawful transfers from the general
fund of a community college during a school fiscal year for all purposes.

      (b) ``Legally adopted budget of operating expenses'' means the amount legally
authorized and budgeted for such operating expenses in the budget general fund of a
community college.

      (c) ``General fund'' means the fund of a community college from which operating
expenses are paid and, subject to the provisions of K.S.A. 71-613a, and amendments thereto,
to which all amounts of credit hour state aid, out-district state aid, general state aid grants,
property taxes for general purposes, out-district tuition, student tuition, and other moneys
provided for by law are credited.

      Sec.  47. K.S.A. 71-613 is hereby amended to read as follows: 71-613. (a) All moneys
received by a community college for establishing, conducting, maintaining and
administering any vocational education program authorized by under article 44 of chapter
72 of Kansas Statutes Annotated shall be deposited in the vocational education fund, unless
required to be deposited in the general fund. The expenses of a community college
attributable to vocational education shall be paid from the vocational education fund.

      (b) Community colleges shall maintain fund accounting procedures as may be necessary
to assure proper accounting for federal funds for vocational education special projects,
whether received directly from the federal government or any of its agencies, or received
through the state or any of its agencies.

      Sec.  48. K.S.A. 1998 Supp. 71-613a is hereby amended to read as follows: 71-613a. All
amounts of credit hour state aid, out-district state aid, general state aid, out-district tuition,
grants and student tuition received by a community college for any program authorized by
article 44 of chapter 72 of Kansas Statutes Annotated may be deposited in the vocational
education fund of the community college.

      Sec.  49. K.S.A. 71-615 is hereby amended to read as follows: 71-615. In case If a
community college expends in any fiscal year an amount for operating expenses which
exceeds its legally adopted budget of operating expenses, the state board of education regents
shall determine the excess and deduct the same from amounts payable to the community
college during the next fiscal year.

      Sec.  50. K.S.A. 71-801 is hereby amended to read as follows: 71-801. (a) Community
colleges are under the supervision of the state board of education regents.

      (b) The state board of regents shall identify and approve core indicators of quality
performance for community colleges and shall establish and implement a data management
system that includes a process and format for collecting, aggregating and reporting common
and institution-specific information documenting effectiveness of the colleges in meeting the
role and mission thereof.

      Sec.  51. K.S.A. 71-1508 is hereby amended to read as follows: 71-1508. (a) There is
hereby established in every community college conducting a motorcycle driver safety course
a fund which shall be called the ``motorcycle driver safety'' fund. The motorcycle driver
safety fund shall consist of all moneys deposited therein or transferred thereto according to
law. All moneys received by community colleges from distributions made from the
motorcycle safety fund and from tuition, fees or charges for motorcycle driver safety courses
shall be credited to the motorcycle driver safety fund. The expenses of community colleges
directly attributable to motorcycle driver safety courses shall be paid from the motorcycle
driver safety fund.

      (b) No out-district tuition shall be charged or paid for any student on the basis of
enrollment in a motorcycle driver safety course and no out-district state aid entitlement,
credit hour state aid entitlement, or general amount of the state aid entitlement grant of a
community college shall be based upon a motorcycle driver safety course conducted by the
community college.

      Sec.  52. K.S.A. 71-1702 is hereby amended to read as follows: 71-1702. (a) The
governing body of an area vocational school or area vocational-technical school which is
consolidated with and made a part of a community college in accordance with the provisions
of this act shall enter into a consolidation agreement with the board of trustees of the
community college with which such area vocational school or area vocational-technical
school is consolidated.

      (b) Every consolidation agreement entered into under this section shall provide for:

      (1) The disposition of all real property of the affected area vocational school or area
vocational-technical school, which disposition shall not be in contravention of the provisions
of subsection (d) of K.S.A. 71-201, and amendments thereto;

      (2) the disposition of all personal property, records and moneys, including state and
federal financial aid, of the affected area vocational school or area vocational-technical
school;

      (3) the payment of all lawful debts of the affected area vocational school or area
vocational-technical school, including any outstanding bonded indebtedness attributable to
the operation thereof;

      (4) the payment of all accrued compensation or salaries of all personnel of the affected
area vocational school or area vocational-technical school;

      (5) the transfer of personnel, if such personnel are deemed necessary, in the
employment of the affected area vocational school or area vocational-technical school to the
employment of the community college; and

      (6) such other matters as may need to be addressed as the result of such consolidation
by the affected area vocational school or area vocational-technical school and the community
college.

      (c) Immediately upon execution of each consolidation agreement entered into under
this section, the state board of education regents shall be notified thereof by the board of
trustees of the affected community college. The state board shall review and approve such
consolidation agreement and upon approval of such agreement, the state board, for purpose
of determining credit hour state aid under K.S.A. 71-602, and amendments thereto, shall
issue an order officially designating the community college as an area vocational school.

      (d) When any conflict arises as to the proper disposition of property, records or funds
or as to the assumption and payment of any debts as a result of any consolidation effected
under this act, such conflict shall be determined and resolved by the state board of education
regents and such determination and resolution shall be final.

      Sec.  53. K.S.A. 71-1705 is hereby amended to read as follows: 71-1705. (a)
Notwithstanding any provision contained in chapter 71 of Kansas Statutes Annotated to the
contrary, whenever any area vocational school or area vocational-technical school
consolidates with a community college in accordance with the provisions of this act, no out-
district tuition shall be charged for any student enrolled in any vocational education course
or program offered by the community college if such course or program was taught in the
area vocational school or area vocational-technical school immediately prior to the
consolidation of such area vocational school or area vocational-technical school with such
community college and as a result of such consolidation such course or program is now
being offered by the community college.

      (b) The provisions of this section shall expire on June 30, 2003.

      Sec.  54. K.S.A. 72-6501 is hereby amended to read as follows: 72-6501. As used in this
act:

      (a) ``University'' means Washburn university of Topeka; and

      (b) ``state board'' means the state board of regents.; and

      (c) ``state grant'' means the operating grant provided for under subsection (a) of K.S.A.
72-6503, and amendments thereto, and if entitlement is determined, the quality performance
grant provided for under subsection (b) of K.S.A. 72-6503, and amendments thereto.

      New Sec.  55. (a) The state board shall: (1) Review the university's mission and goals
statement, strategies for achieving mission focus and attaining identified goals, academic
and administrative program review process, and established priorities for enhancement of
academic disciplines; and (2) identify and approve core indicators of quality performance
for the university. The core indicators of quality performance identified and approved for
the university shall be consonant with the core indicators of quality performance identified
and approved for the state educational institutions.

      (b) From reports, documents, data and such other information as the university may
provide in each fiscal year, the state board shall determine the effectiveness of the university
in complying with its mission and goals statement and in meeting the core indicators of
quality performance.

      Sec.  56. K.S.A. 72-6503 is hereby amended to read as follows: 72-6503. (a) In each
fiscal year, commencing with fiscal year 1992 2000, the university is entitled to receive an
operating grant from the state general fund in an amount provided therefor by appropriation
act to be determined by the state board. (b) For fiscal years after fiscal year 1992, the
president of the university shall submit to the state board a budget estimate for the university
and a request for an operating grant from the state. The budget estimate and request shall
be submitted in the manner and at the time prescribed by the state board. The state board
shall:
      (1) Determine an amount to be received by the university as an operating grant from
the state by reviewing the budget estimate submitted by the university and approving or
adjusting and approving the amount requested. The state board shall submit the amount so
determined, along with the amount of the request made by the university, to the director
of the budget for presentation to the governor and submission to the legislature in the
manner and at the time prescribed by law for submission of budget estimates and requests
by state agencies the average amount of state aid per FTE undergraduate student that the
regional state educational institutions are entitled to receive for the year;
      (2)  (A) in the 2000 fiscal year, compute 45% of the amount determined under (1); (B)
in the 2001 fiscal year, compute 50% of the amount determined under (1); (C) in the 2002
fiscal year, compute 55% of the amount determined under (1); (D) in the 2003 fiscal year,
compute 60% of the amount determined under (1); (E) in the 2004 fiscal year and in each
fiscal year thereafter, compute 65% of the amount determined under (1);
      (3) multiply the amount computed under (2) by the number of FTE students of the
university. The product is the amount of the operating grant the university is entitled to
receive for the fiscal year.

      (b) In each fiscal year, commencing with the 2003 fiscal year, the university is eligible
for entitlement to a quality performance grant from the state general fund. If the state board
determines that the university has demonstrated effectiveness in complying with its mission
and goals statement and has met or exceeded the core indicators of quality performance
identified and approved for the university by the state board, the university is entitled to a
quality performance grant in an amount which shall be determined by the state board by
computing 2% of the amount of the operating grant the university is entitled to receive for
the fiscal year. The computed amount is the amount of the quality performance grant the
university is entitled to receive for the fiscal year.
      (c)  (1) For the purposes of this section, the FTE enrollment of the university shall be
based on: (A) Enrollment of students who are residents of the state of Kansas; and (B) the
greater of FTE enrollment in the current fiscal year or FTE enrollment in the preceding
fiscal year.

      (2) As used in this section, the term regional state educational institutions means
Emporia state university, Fort Hayes state university and Pittsburg state university.

      (c) (d) Moneys received as operating state grants from the state general fund shall not
be expended for the purpose of expansion of graduate programs or for the purpose of
expansion of off-campus programs without the prior approval of the state board.

      New Sec.  57. (a) In the 2000 fiscal year, the university is eligible for entitlement to a
transitional state grant. Entitlement of the university to a transitional state grant shall be
determined by the state board as provided in this subsection. The state board shall:

      (1) Determine the amount of the operating grant received by the university in the 1999
fiscal year;

      (2) determine the amount of the operating grant the university is entitled to receive for
the 2000 fiscal year. If the amount determined under (2) is greater than the amount
determined under (1), the eligibility of the university to a transitional state grant shall lapse.
If the amount determined under (1) is greater than the amount determined under (2), the
university is entitled to a transitional state grant in an amount which shall be determined
by the state board by subtracting the amount determined under (2) from the amount
determined under (1). The difference is the amount of the state transitional grant the
university is entitled to receive for the 2000 fiscal year.

      (b) The distribution of the appropriation for a state transitional grant to the university
if entitlement to the grant is determined shall be made at a time to be determined by the
state board. The state board shall certify to the director of accounts and reports the amount
due to the university, and the director of accounts and reports shall draw a warrant upon
the state treasurer in favor of the university for such amount.

      (c) The provisions of this section shall expire on June 30, 2000.

      Sec.  58. K.S.A. 72-6504 is hereby amended to read as follows: 72-6504. (a) On or before
November 1 and on or before April 1 of each year, the president and treasurer of the
university shall certify under oath to the state board the total number of duly enrolled credit
hours of students of the university during the current school term who meet the state
residence requirement. The state board may require the university to furnish any additional
information deemed necessary by it to carry out the provisions of this act and shall prescribe
such forms, to be approved by the attorney general, as may be necessary for making such
reports.

      (b) Persons enrolling in the university who, if adults, have not been, or if minors, whose
parents have not been residents of the state of Kansas for at least six (6) months prior to
enrollment for any school term are nonresidents for the purpose of determination of
entitlement from the municipal university fund to state grants. The state board may adopt
rules and regulations prescribing criteria or guidelines for determination of residence of
students, so long as such criteria or guidelines are not in conflict with the provisions of this
section, and may make conclusive determination of any residence matter for the purpose
of determination of entitlement from the municipal university fund to state grants.

      Sec.  59. K.S.A. 72-6505 is hereby amended to read as follows: 72-6505. From the
enrollment reports and student residency information so submitted by the university and
other information available to it information, the state board shall determine the amount
the university is entitled to receive as provided in K.S.A. 72-6503 a state grant. The state
board and the post auditor may audit the records of the university to verify the accuracy of
the reports and other information submitted by the university. The state board may
promulgate rules and regulations governing the administration of this act. In the event If
the university is paid more than it is entitled to receive under any distribution made
hereunder as a state grant, the state board shall notify the university of the amount of such
overpayment, and the university shall remit the same to the state board, who which shall
deposit the same in the state treasury to the credit of the municipal university state general
fund, and if the university fails so to remit, the state board shall deduct the excess amount
so paid from future payments becoming due to the university.

      Sec.  60. K.S.A. 72-6506 is hereby amended to read as follows: 72-6506. The payment
to the university of the total amount of its operating grant state grant shall be made in
substantially equal amounts on August 1 and January 1 of each year, or as soon thereafter
as possible. The state board shall certify, on or before July 20 and December 20 of each
year, to the director of accounts and reports the amount due the university from the state
general fund on August 1 or on January 1, as the case may be, and the director shall draw
a warrant upon the state treasurer in favor of the university for such amount. Upon receipt
of such warrant, the treasurer of the university shall credit the same to the general fund of
the university. All moneys received by the university under this section shall be used to pay
current operating expenses of the university, and shall not be used for the making of capital
improvements.

      Sec.  61. K.S.A. 72-6508 is hereby amended to read as follows: 72-6508. The university
shall be eligible to receive payments of operating state grants from the state general fund
to continue and further its traditional program of operating a liberal arts college, a school
of business, a school of law, a school of nursing and a school of applied studies. While
receiving payments from the state general fund, the university shall be limited to associates,
bachelors, masters and juris doctor degree work and shall not establish specialized schools
such as journalism, medicine, pharmacy and engineering, or other new educational schools
unless authorized by act of the legislature.

      Sec.  62. K.S.A. 72-6509 is hereby amended to read as follows: 72-6509. The university
shall not be eligible to receive payments of operating state grants from the state general
fund unless it is currently a member in good standing of the north central association of
colleges and universities.

      Sec.  63. K.S.A. 13-13a25 is hereby amended to read as follows: 13-13a25. (a) As used
in K.S.A. 13-13a25 through 13-13a34, and amendments thereto:

      (a) (1) ``Board of levy'' means the board of county commissioners of every county in
which there is not located a municipal university and the township trustee, township clerk
and township treasurer, acting as a board, of every township within every county in which
there is located a municipal university.

      (b) (2) ``Municipal university'' means a municipal university established under the
provisions of article 13a of chapter 13 of Kansas Statutes Annotated.

      (c) (3) ``Municipal university district'' means the taxing district of a municipal university.

      (d) (4) ``Taxing subdivision'' means every county in which there is not located a
municipal university and every township within every county in which there is located a
municipal university.

      (e) (5) ``State board'' means the state board of education regents.

      (b) The provisions of this section shall expire on June 30, 2003.

      Sec.  64. K.S.A. 13-13a26 is hereby amended to read as follows: 13-13a26. (a) The board
of regents of a municipal university, in accordance with rules and regulations of the state
board, shall determine and collect an amount of out-district tuition to be charged for each
student attending the municipal university whose residence is outside of the municipal
university district.

      (b) The board of levy of any taxing subdivision charged with payment of out-district
tuition shall levy a tax on all of the taxable property of the taxing subdivision sufficient to
pay all out-district tuition charges authorized by this act.

      (c) The proceeds from the tax levied under authority of this section shall be deposited
in a special fund for payment of out-district tuition. Upon receiving a statement of charges
for out-district tuition the board of levy shall allow and pay the same promptly from the
special fund. If there is insufficient or no money in the special fund, out-district tuition shall
be paid from the general fund of the taxing subdivision or from the proceeds of the sale of
no-fund warrants issued for the purpose of the payment of out-district tuition.

      (d) The total out-district tuition charged by a municipal university shall be: (1) For the
2000 fiscal year, an amount equal to the number of duly enrolled out-district students times
$24 for each credit hour of each such duly enrolled out-district student; (2) for the 2001
fiscal year, an amount equal to the number of duly enrolled out-district students times $18
for each credit hour of each such student; (3) for the 2002 fiscal year, an amount equal to
the number of duly enrolled out-district students times $12 for each credit hour of each such
student; and (4) for the 2003 fiscal year, an amount equal to the number of duly enrolled
out-district students time $6 for each credit hour of each such student.

      (e) Out-district tuition shall only be charged for credit hours of students if such students,
as determined by the state board, have not more than 64 credit hours from any institution
of postsecondary education or the students have not more than 72 credit hours and are
enrolled in terminal type nursing courses or freshman-sophomore preengineering courses.

      (f) Expenditures for out-district tuition shall be exempt from the budget law of this state
to the extent of such payments not anticipated in the budget of the taxing subdivision.

      (g) The levy of taxes and the payment of out-district tuition by counties required under
the provisions of this section shall not be subject to the exercise of home rule by counties
under the provisions of article 1 of chapter 19 of Kansas Statutes Annotated. Counties shall
have no power to exempt from, or effect changes in, the provisions of this section.

      (h) Taxes levied by townships under the authority of this section shall be in addition to
all other tax levies authorized or limited by law and shall not be subject to or within the
aggregate tax levy limit prescribed by K.S.A. 79-1962, and amendments thereof.

      (i) In May of each fiscal year, the board of regents shall notify each board of levy of the
approximate amount of out-district tuition which will be charged to the taxing subdivision
in the succeeding fiscal year.

      (j) The provisions of this section shall expire on June 30, 2003.

      Sec.  65. K.S.A. 13-13a27 is hereby amended to read as follows: 13-13a27. (a) Out-
district tuition shall be based only upon enrollments of students who are residents of the
state of Kansas. For the purpose of determination of out-district tuition: (1) Persons enrolling
in a municipal university who, if adults, have not been, or if minors, whose parents have not
been, residents of the state of Kansas for six months prior to enrollment for any term or
session are nonresidents of the state of Kansas; and (2) persons enrolling in a municipal
university who, if adults, have not been, or if minors, whose parents have not been, residents
of the municipal university district for six months prior to enrollment for any term or session
are nonresidents of the municipal university district.

      (b) For the purpose of determining residence of persons, the residence of minors shall
be determined as provided in K.S.A. 72-1046, and amendments thereto, and of adults as
provided in subpart twenty-third of K.S.A. 77-201 and amendments thereto.

      (c) The state board of education regents may adopt rules and regulations prescribing
criteria or guidelines for determination of residence of students and shall make conclusive
determination of any residence matter for the purpose of determination of liability of taxing
subdivisions for out-district tuition.

      (d) The provisions of this section shall expire on June 30, 2003.

      Sec.  66. K.S.A. 13-13a29 is hereby amended to read as follows: 13-13a29. (a) The
determination of credit hours of duly enrolled out-district students shall be made at the end
of the fifth week of the regular spring and fall semesters and at the end of the equivalent
period for summer sessions. The determination of credit hours of duly enrolled out-district
students for payments for short-term courses shall be made at such times as are prescribed
by the state board of education regents.

      (b) On or before November 1 and on or before April 1 of each year, the president and
treasurer of a municipal university shall certify under oath to the state board the total
number of duly enrolled credit hours of out-district students of the municipal university
during the current school term. The state board may require a municipal university to furnish
any additional information deemed necessary by it to carry out the provisions of this act and
shall prescribe such forms, to be approved by the attorney general, as may be necessary for
making such reports.

      (c) The state board and the post auditor may audit the records of a municipal university
to verify the accuracy of the reports submitted by the municipal university. The state board
may promulgate rules and regulations for the administration of this act.

      (d) The provisions of this section shall expire on June 30, 2003.

      Sec.  67. K.S.A. 13-13a31 is hereby amended to read as follows: 13-13a31. (a) Subject
to the provisions of subsection (b), no out-district tuition shall be charged or paid for any
student attending a municipal university whose residence outside the municipal university
district is in a taxing subdivision in which there is located a community college.

      (b) The provisions of subsection (a) shall not apply to any such out-district student when
the course of study or program which the student selects, or a course of study or program
which is substantially equivalent thereto, is not offered in the community college which is
located in the taxing subdivision in which such student resides.

      (c) The provisions of this section shall expire on June 30, 2003.

      Sec.  68. K.S.A. 13-13a32 is hereby amended to read as follows: 13-13a32. (a) Subject
to the provisions of subsection (b), no out-district tuition shall be charged to or paid by any
county in which there is located a municipal university for any student attending a
community college whose residence outside the community college district is in a county
in which there is located a municipal university.

      (b) The provisions of subsection (a) shall not apply to any such out-district student when
the course of study or program which the student selects, or a course of study or program
which is substantially equivalent thereto, is not offered in the municipal university which is
located in the county in which such student resides.

      (c) In addition to out-district state aid to which a community college is entitled under
the provisions of K.S.A. 71-607, and amendments thereof, the community college shall be
entitled to an amount of out-district state aid equal to the amount of out-district tuition
disallowed under The provisions of this section shall expire on June 20, 2003.

      Sec.  69. K.S.A. 13-13a33 is hereby amended to read as follows: 13-13a33. (a) The state
board of education regents shall adopt rules and regulations prescribing criteria or guidelines
for the purpose of determining which courses of study and programs offered in the
community colleges are substantially equivalent to the courses of study and programs offered
in municipal universities. A current, complete list of such courses of study and programs
shall be maintained on file in the state department of education office of the state board of
regents, and shall be open for public inspection at any reasonable time.

      (b) The provisions of this section shall expire on June 30, 2003.

      Sec.  70. K.S.A. 13-13a34 is hereby amended to read as follows: 13-13a34. (a) No out-
district tuition charged by a municipal university shall be based upon any course or program
which is taught in an area vocational school, an area vocational-technical school, or a
technical college under an agreement with the municipal university and for which payments
of state or federal moneys are made to the area vocational school, area vocational-technical
school, or technical college under the provisions of article 44 of chapter 72 of Kansas Statutes
Annotated.

      (b) The provisions of this section shall expire on June 30, 2003.

      New Sec.  71. (a) The state board of regents shall identify and approve core indicators
of quality performance for the state educational institutions and shall establish and
implement a data management system that includes a process and format for collecting,
aggregating and reporting common and institution-specific information documenting
effectiveness of the institutions in meeting the role and mission thereof.

      (b) In each fiscal year, commencing with the 2003 fiscal year, each state educational
institution is eligible for entitlement to a quality performance grant from the state general
fund. If the state board determines that the state educational institution has demonstrated
effectiveness in complying with its role and mission statement and has met or exceeded the
core indicators of quality performance for the state educational institutions identified and
approved by the state board, the state educational institution is entitled to a quality
performance grant in an amount that shall be determined by the state board by computing
2% of the amount of the institution's appropriation from the state general fund for the fiscal
year. The computed amount is the amount of the quality performance grant the state
educational institution is entitled to receive for the fiscal year.

      New Sec.  72. (a) In each of the fiscal years 2000 through 2003, the state educational
institutions are entitled to faculty salary enhancement grants in amounts to be determined
by the state board. The state board shall:

      (1) Determine in the 2000 fiscal year the difference between the amount of state aid
received by the community colleges in the 1999 fiscal year less the amount of out-district
tuition received by the community colleges in such fiscal year and the amount of operating
grants to which the community colleges are entitled in the 2000 fiscal year less the amount
of out-district tuition supplanted by such operating grants; and

      (2) determine in each of the 2001 through 2003 fiscal years the difference between the
amount of operating grants received by the community colleges in the preceding fiscal year
less the amount of out-district tuition received by the community colleges in such fiscal year
and the amount of operating grants to which the community colleges are entitled in the
current fiscal year less the amount of out-district tuition supplanted by such operating grants.

      (b) An amount equal to the amount of the difference determined under provisions (1)
and (2) of subsection (a) in each of the fiscal years 2000 through 2003 shall be allocated by
the state board of regents as faculty salary enhancement grants to the state educational
institutions.

      (c) The provisions of this section shall expire on June 30, 2003.

      New Sec.  73. (a) The state board of regents shall identify and approve core indicators
of quality performance for vocational education schools and technical colleges and shall
establish and implement a data management system that includes a process and format for
collecting, aggregating and reporting common and institution-specific information
documenting effectiveness of the schools and colleges in meeting the role and mission
thereof.

      (b) In each fiscal year, commencing with the 2003 fiscal year, each vocational education
school and technical college is eligible for entitlement to a quality performance grant from
the state general fund. If the state board determines that the school or college has
demonstrated effectiveness in complying with its role and mission statement and has met
or exceeded the core indicators of quality performance for vocational education schools and
technical colleges identified and approved by the state board, the school or college is entitled
to a quality performance grant in an amount which shall be determined by the state board
by computing 2% of the amount of postsecondary aid the school or college is entitled to
receive for the fiscal year. The computed amount is the amount of the quality performance
grant the school or college is entitle to receive for the fiscal year.

      (c) The distribution of the appropriation for quality performance grants to vocational
education schools and technical colleges entitled to such grants shall be made at a time to
be determined by the state board. The state board shall certify to the director of accounts
and reports the amount due to each vocational education school and technical college
entitled to a grant, and the director of accounts and reports shall draw a warrant upon the
state treasurer in favor of the school or college for such amount. Upon receipt of the warrant,
the treasurer of the school or college shall credit the amount of the warrant to the general
fund.

      Sec.  74. K.S.A. 12-16,102 is hereby amended to read as follows: 12-16,102. (a) Except
as provided in this section, ``taxing subdivision'' means any city, county, township, community
college district or other political subdivision of the state of Kansas having authority to levy
taxes on taxable tangible property. A community college district shall not be considered a
taxing subdivision for the purpose of this section. A school district shall not be considered
a taxing subdivision for the purpose of this section except that any school district operating
a public library pursuant to K.S.A. 72-1623, and amendments thereto, for that purpose, shall
be considered a taxing subdivision for the purpose of this section.

      (b) Any taxing subdivision may create and establish employee benefits contribution
funds for (1) the taxing subdivision or (2) any political subdivision for which a tax is levied
by such taxing subdivision for the purpose of paying the employer's share of any employee
benefits, exclusive of any salaries, wages or other direct payments to such employees, as
may be prescribed in the ordinance or resolution of the governing body creating such funds.
The taxing subdivision may receive and place in such funds any moneys from any source
whatsoever which may be lawfully utilized for the purposes stated in the ordinance or
resolution creating such funds, including the proceeds of tax levies authorized by law for
such purposes.

      (c) The governing body of any taxing subdivision having established employee benefits
funds under subsection (b) is hereby authorized to levy an annual tax upon all taxable
tangible property within the taxing subdivision in an amount determined by the governing
body to be necessary for the purposes for which such funds were created and to pay a
portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774,
and amendments thereto, by cities located in the county.

      Sec.  75. K.S.A. 1998 Supp. 19-101a is hereby amended to read as follows: 19-101a. (a)
The board of county commissioners may transact all county business and perform all powers
of local legislation and administration it deems appropriate, subject only to the following
limitations, restrictions or prohibitions:

      (1) Counties shall be subject to all acts of the legislature which apply uniformly to all
counties.

      (2) Counties may not consolidate or alter county boundaries.

      (3) Counties may not affect the courts located therein.

      (4) Counties shall be subject to acts of the legislature prescribing limits of indebtedness.

      (5) In the exercise of powers of local legislation and administration authorized under
provisions of this section, the home rule power conferred on cities to determine their local
affairs and government shall not be superseded or impaired without the consent of the
governing body of each city within a county which may be affected.

      (6) Counties may not legislate on social welfare administered under state law enacted
pursuant to or in conformity with public law No. 271--74th congress, or amendments
thereof.

      (7) Counties shall be subject to all acts of the legislature concerning elections, election
commissioners and officers and their duties as such officers and the election of county
officers.

      (8) Counties shall be subject to the limitations and prohibitions imposed under K.S.A.
12-187 to 12-195, inclusive, and amendments thereto, prescribing limitations upon the levy
of retailers' sales taxes by counties.

      (9) Counties may not exempt from or effect changes in statutes made nonuniform in
application solely by reason of authorizing exceptions for counties having adopted a charter
for county government.

      (10) No county may levy ad valorem taxes under the authority of this section upon real
property located within any redevelopment area established under the authority of K.S.A.
12-1772, and amendments thereto, unless the resolution authorizing the same specifically
authorized a portion of the proceeds of such levy to be used to pay the principal of and
interest upon bonds issued by a city under the authority of K.S.A. 12-1774, and amendments
thereto.

      (11) Counties shall have no power under this section to exempt from any statute
authorizing or requiring the levy of taxes and providing substitute and additional provisions
on the same subject, unless the resolution authorizing the same specifically provides for a
portion of the proceeds of such levy to be used to pay a portion of the principal and interest
on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto.

      (12) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-
4601 to 19-4625, inclusive, and amendments thereto.

      (13) Except as otherwise specifically authorized by K.S.A. 12-1,101 to 12-1,109,
inclusive, and amendments thereto, counties may not levy and collect taxes on incomes from
whatever source derived.

      (14) Counties may not exempt from or effect changes in K.S.A. 19-430, and
amendments thereto. Any charter resolution adopted by a county prior to July 1, 1983,
exempting from or effecting changes in K.S.A. 19-430, and amendments thereto, is null and
void.

      (15) Counties may not exempt from or effect changes in K.S.A. 19-302, 19-502b, 19-
503, 19-805 or 19-1202, and amendments thereto.

      (16)  (A) Counties may not exempt from or effect changes in K.S.A. 13-13a26, and
amendments thereto. Any charter resolution adopted by a county, prior to the effective date
of this act, exempting from or effecting changes in K.S.A. 13-13a26, and amendments
thereto, is null and void.

      (B) This provision shall expire on June 30, 2003.

      (17)  (A) Counties may not exempt from or effect changes in K.S.A. 71-301, and
amendments thereto. Any charter resolution adopted by a county, prior to the effective date
of this act, exempting from or effecting changes in K.S.A. 71-301, and amendments thereto,
is null and void.

      (B) This provision shall expire on June 30, 2003.

      (18) Counties may not exempt from or effect changes in K.S.A. 19-15,139, 19-15,140
and 19-15,141, and amendments thereto. Any charter resolution adopted by a county prior
to the effective date of this act, exempting from or effecting changes in such sections is null
and void.

      (19) Counties may not exempt from or effect changes in the provisions of K.S.A. 12-
1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and 12-1226, and amendments thereto, or
the provisions of K.S.A. 1998 Supp. 12-1260 to 12-1270, inclusive, and amendments thereto,
and 12-1276, and amendments thereto.

      (20) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-
211, and amendments thereto.

      (21) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-
4001 to 19-4015, inclusive, and amendments thereto.

      (22) Counties may not regulate the production or drilling of any oil or gas well in any
manner which would result in the duplication of regulation by the state corporation
commission and the Kansas department of health and environment pursuant to chapter 55
and chapter 65 of the Kansas Statutes Annotated and any rules and regulations adopted
pursuant thereto. Counties may not require any license or permit for the drilling or
production of oil and gas wells. Counties may not impose any fee or charge for the drilling
or production of any oil or gas well.

      (23) Counties may not exempt from or effect changes in K.S.A. 79-41a04, and
amendments thereto.

      (24) Counties may not exempt from or effect changes in K.S.A. 79-1611, and
amendments thereto.

      (25) Counties may not exempt from or effect changes in K.S.A. 79-1494, and
amendments thereto.

      (26) Counties may not exempt from or effect changes in subsection (b) of K.S.A. 19-
202, and amendments thereto.

      (27) Counties may not exempt from or effect changes in subsection (b) of K.S.A. 2-
1915, 19-204, and amendments thereto.

      (28) Counties may not levy or impose an excise, severance or any other tax in the nature
of an excise tax upon the physical severance and production of any mineral or other material
from the earth or water. Any resolution adopted by any county prior to the effective date
of this act imposing or levying any such tax is null and void.

      (29) Counties may not exempt from or effect changes in K.S.A. 79-2017 or 79-2101,
and amendments thereto. Any charter resolution adopted prior to the effective date of this
act, which affected the provisions of K.S.A. 79-2017 or 79-2101, and amendments thereto,
is hereby declared to be null and void.

      (30) Counties may not exempt from or effect changes in K.S.A. 2-1915, 2-3302, 2-3305,
2-3307, 17-5904, 17-5908, 47-1219, 65-171d, 74-5065, 74-5066, 74-8902, 74-8905 and 79-
32,117, K.S.A. 1998 Supp. 65-1,178 through 65-1,198, 2-3318, 79-32,204, 65-1,199 and 17-
5909 and amendments thereto or revivers thereof.

      (b) Counties shall apply the powers of local legislation granted in subsection (a) by
resolution of the board of county commissioners. If no statutory authority exists for such
local legislation other than that set forth in subsection (a) and the local legislation proposed
under the authority of such subsection is not contrary to any act of the legislature, such
local legislation shall become effective upon passage of a resolution of the board and
publication in the official county newspaper. If the legislation proposed by the board under
authority of subsection (a) is contrary to an act of the legislature which is applicable to the
particular county but not uniformly applicable to all counties, such legislation shall become
effective by passage of a charter resolution in the manner provided in K.S.A. 19-101b, and
amendments thereto.

      Sec.  76. K.S.A. 79-5021 is hereby amended to read as follows: 79-5021. As used in
K.S.A. 79-5021 to 79-5035, inclusive, and amendments thereto: (a) ``Taxing subdivision''
means every taxing district in the state of Kansas other than the state and the community
colleges organized and operating under the laws of the state; (b) ``base year'' means either
1988 or 1989, whichever is designated by the taxing subdivision as its base year; and (c)
``assessed valuation amount for 1989'' means the taxable tangible assessed valuation as shown
on the November 1, 1989, abstract transmitted to the director of property valuation pursuant
to K.S.A. 79-1806 adjusted by changes in valuations which were made prior to July 1, 1990.

      Sec.  77. K.S.A. 79-5022 is hereby amended to read as follows: 79-5022. (a) In 1990 and
in each year thereafter, all existing statutory fund mill levy rate and aggregate levy rate
limitations on taxing subdivisions are hereby suspended.

      (b) Except as otherwise provided in K.S.A. 79-5024 to 79-5027, inclusive, and
amendments thereto, no city, county, township , or municipal university or community
college shall certify to the county clerk of the county any tax levies upon tangible property,
excluding levies specified in K.S.A. 79-5028, and amendments thereto, which in the
aggregate will produce an amount in excess of the amount which was levied by such taxing
subdivision in the base year.

      (c) In 1990, and each year thereafter, the fund levy limits shall be increased by
multiplying the dollar amount produced by the levy limit for 1988 by the quotient
determined by dividing the assessed tangible valuation amount of the current year by the
assessed valuation amount for 1989. The provisions of this subsection shall not be applicable
to any city, county, township, or municipal university or community college.

      Sec.  78. K.S.A. 79-5024 is hereby amended to read as follows: 79-5024. (a) Whenever
the taxable assessed tangible valuation of any city, county, township, or municipal university
or community college is increased by new improvements on real estate or by increased
personal property valuation, or both, the amount which would be produced by the aggregate
tax levy authorized under K.S.A. 79-5022, and amendments thereto, shall be adjusted to
increase the amount authorized in the proportion that the assessed valuation of the new
improvements and the increased personal property valuation bears to the total assessed
valuation amount for 1989. With respect to community colleges, whenever the enrollment
of any such college in any school year is greater than such enrollment in the 1989-1990
school year, the amount which would be produced by the aggregate tax levy authorized
under K.S.A. 79-5022, and amendments thereto, shall be adjusted to increase the amount
authorized in the proportion that the enrollment of such college for the current school year
bears to the enrollment of such college in the 1989-1990 school year.

      (b) Such city, county, township, or municipal university or community college may then
levy the amount permitted under K.S.A. 79-5022, and amendments thereto, and in addition
thereto the amount produced by the levy on such new improvements and added personal
property as provided in this section and, with respect to community colleges, in addition
thereto the amount produced as a result of increased enrollment as provided in this section.

      Sec.  79. K.S.A. 79-5025 is hereby amended to read as follows: 79-5025. In the event
that any territory is added to an existing city, county, township, or municipal university or
community college, the amount which would be produced by the aggregate tax levy
otherwise authorized under K.S.A. 79-5022 and 79-5024, and amendments thereto, shall be
adjusted to increase the amount authorized in the proportion that the assessed valuation of
the tangible taxable property in the territory added bears to the total taxable assessed
tangible valuation of the city, county, township, or municipal university or community
college, excluding the property in such added territory.

      Sec.  80. K.S.A. 79-5026 is hereby amended to read as follows: 79-5026. In the event
that any taxable tangible property is excluded from the boundaries of any city, county,
township, or municipal university or community college, the amount which would be
produced by the aggregate tax levy authorized under the provisions of K.S.A. 79-5022 and
79-5024, and amendments thereto, shall be adjusted to decrease the amount authorized in
the proportion that the assessed valuation of the tangible property excluded bears to the
total taxable assessed valuation of the city, county, township, or municipal university or
community college, including such excluded property.

      Sec.  81. K.S.A. 79-5028 is hereby amended to read as follows: 79-5028. The provisions
of K.S.A. 79-5021 to 79-5036, inclusive, and amendments thereto, shall not apply to or limit
the levy of taxes for the payment of:

      (a) Principal and interest upon state infrastructure loans, bonds, temporary notes, no-
fund warrants and payments made to a public building commission;

      (b) judgments, settlements and expenses for protection against liability to the extent
such expenses are authorized by article 61 of chapter 75 of the Kansas Statutes Annotated
and amendments thereto;

      (c) employer contributions for social security, workers compensation, unemployment
insurance, health care costs, employee benefit plans, and employee retirement and pension
programs;

      (d) expenses incurred by counties for district court operations under the provisions of
K.S.A. 20-348 or 20-349, and amendments thereto, and expenses incurred by counties for
the detention of juveniles;

      (e) expenses incurred by counties for payment of out-district tuition to community
colleges pursuant to K.S.A. 71-301, and amendments thereto, and expenses incurred by
counties and townships for payment of out-district tuition to municipal universities pursuant
to K.S.A. 13-13a26, and amendments thereto, until expiration of this provision on June 30,
2003;

      (f) expenses incurred for the first time on and after January 1, 1996, by cities in
effectuating programs specifically enacted and administered for the purpose of preventing
juvenile delinquency and crime;

      (g) expenses incurred by any taxing subdivision for rebates to owners of property in
connection with a neighborhood revitalization program instituted in accordance with K.S.A.
1997 Supp. 12-17,114 et seq., and amendments thereto; or

      (h) expenses incurred by any taxing subdivision necessary to interface with the state
criminal justice information system.

      The provisions of K.S.A. 79-5021 to 79-5036, inclusive, and amendments thereto, do not
apply to the tax levies authorized or required under K.S.A. 19-4004, 19-4011, 65-212 and
65-215 and amendments thereto.

      Amounts produced from any taxes levied for purposes specified in this section shall not
be used in computing any aggregate limitation under the provisions of this act. In addition,
amounts needed to be produced from the levy of taxes by a taxing subdivision to replace
the difference between the amount of revenue estimated to be received by such taxing
subdivision pursuant to K.S.A. 79-5101 et seq., and amendments thereto, in 1990, and the
amount of such revenue estimated to be received by such taxing subdivision in each year
thereafter shall not be used in computing any aggregate limitation under the provisions of
this act. On or before June 1 of each year, information necessary to make such computation
shall be provided to each taxing subdivision by the appropriate county treasurer.

      Sec.  82. K.S.A. 79-5032 is hereby amended to read as follows: 79-5032. Whenever any
city, county, township, or municipal university or community college shall be required by
law to levy taxes for the financing of the budget of any political or governmental subdivision
of this state which is not authorized by law to levy taxes on its own behalf, and the governing
body of such city, county, township, or municipal university or community college is not
authorized or empowered to modify or reduce the amount of taxes levied therefor, the tax
levies of such political or governmental subdivision shall not be included in or considered
in computing the aggregate limitations upon the property tax levies of the city, county,
township, or municipal university or community college levying taxes for such political or
governmental subdivision. The fund levy limits of such political or governmental subdivision
shall be established in accordance with subsection (c) of K.S.A. 79-5022, and amendments
thereto.'';

      By renumbering sections accordingly;

      Also on page 18, in line 12, after ``K.S.A.'', by inserting ``12-16,102, 13-13a25, 13-13a26,
13-13a27, 13-13a28, 13-13a29, 13-13a30, 13-13a31, 13-13a32, 13-13a33, 13-13a34, 71-204,
71-304, 71-305, 71-306, 71-402, 71-403, 71-601, 71-604, 71-605, 71-609a, 71-610, 71-613,
71-615, 71-801, 71-1508, 71-1702, 71-1705, 72-4424, 72-6501, 72-6502, 72-6503, 72-6504,
72-6505, 72-6506, 72-6508, 72-6509,''; in line 13, before ``74-3205'', by striking ``and'' and
inserting a comma; also in line 13, after ``74-3205'', by inserting ``, 79-5021, 79-5022, 79-
5024, 79-5025, 79-5026, 79-5028 and 79-5032''; also in line 13, after ``Supp.'', by inserting
``19-101a, 19-101i, 71-201, 71-301, 71-401, 71-406, 71-407, 71-602, 71-607, 71-609, 71-611,
71-613a, 71-619 and'';

      In the title, in line 14, after the semicolon, by inserting ``relating to finance of
postsecondary educational institutions; amending K.S.A. 12-16,102, 13-13a25, 13-13a26, 13-
13a27, 13-13a29, 13-13a31, 13-13a32, 13-13a33, 13-13a34, 71-204, 71-304, 71-305, 71-306,
71-402, 71-403, 71-601, 71-604, 71-605, 71-609a, 71-610, 71-613, 71-615, 71-801, 71-1508,
71-1702, 71-1705, 72-6501, 72-6503, 72-6504, 72-6505, 72-6506, 72-6508, 72-6509, 79-
5021, 79-5022, 79-5024, 79-5025, 79-5026, 79-5028 and 79-5032 and K.S.A. 1998 Supp. 19-
101a, 19-101i, 71-201, 71-301, 71-401, 71-406, 71-407, 71-609, 71-611 and 71-613a and
repealing the existing sections; also''; also in line 14, after ``K.S.A.'', by inserting ``13-13a28,
13-13a30, 72-4424, 72-6502,''; in line 15, after ``Supp.'', by inserting ``19-101i, 71-602, 71-
607, 71-619 and''; and the bill be passed as amended.

      The Committee on Federal and State Affairs recommends HB 2007 be amended by
substituting a new bill to be designated as ``Substitute for HOUSE BILL No. 2007,'' as
follows:

    ``Substitute for HOUSE BILL No. 2007
  By Committee on Federal and State Affairs


``AN  ACT concerning abortion; amending K.S.A. 1998 Supp. 65-445, 65-2837, 65-6701, 65-
      6703 and 65-6709 and repealing the existing sections; also repealing K.S.A. 1998 Supp.
      65-2837b and 65-6721.'';

     

      and the substitute bill be passed.

   (Sub. HB 2007 was thereupon introduced and read by title.)

      The Committee on Governmental Organization and Elections recommends SB 244,
as amended by Senate Committee, be amended on page 1, in line 25, by striking ``Before'';
by striking all in lines 26 through 43;

      On page 2, by striking all in lines 1 through 8; in line 9, by striking all before the period
and inserting the following:

      ``Any person challenging the validity of the form of a question shall have the burden of
proving that the form of a question is invalid. The form of any question in a petition
requesting an election on or protesting an ordinance or resolution adopted by the governing
body of any county, city, school district or other municipality which contains the title,
number and exact language of the ordinance or resolution and the title of such petition
states: ''Shall the following ordinance or resolution become effective?'' shall be presumed
to be valid and in compliance with the requirements of K.S.A. 25-3601 et seq., and
amendments thereto'' and the bill be passed as amended.

REPORT OF STANDING COMMITTEE
  Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that

     Request No. 235, by Representative Phelps, congratulating Craig Staab, selected a
member of the National Honor Society of Secondary Schools;

 Request No. 236, by Representative Loyd, commending Bonnie Talley for 16 years
service as City Commissioner and four terms as Mayor of Garden City;

 Request No. 237, by Representative Loyd, congratulating Don Fisher, Hampton's Arena
Champion Team Roper;

 Request No. 238, by Representative Loyd, congratulating students and coaches from
Jennie Wilson Elementary, Garden City, for winning first place in the 1999 Kansas Odyssey
of the Mind Tournament;

 Request No. 239, by Representative Loyd, congratulating students and coaches from
Garden City High School for winning first place in the 1999 Kansas Odyssey of the Mind
Tournament;

 Request No. 240, by Representative Loyd, congratulating students and coaches from
Garden City High School for winning third place in the 1999 Kansas Odyssey of the Mind
Tournament;

 Request No. 241, by Representative Loyd, in memory of Bernard Killer, recognizing
his commitment and dedicated service to education;

 Request No. 242, by Representative Dahl, congratulating Harry and Ruth Pankratz on
60 years of marriage;

 Request No. 243, by Representative Dahl, congratulating Donald and Peggy Buethe on
50 years of marriage;

 Request No. 244, by Representative Dahl, congratulating Mark and Doris Miller on 50
years of marriage;

 Request No. 245, by Representative Geringer, congratulating Jason Butler, winner of
Kansas Kids State Wrestling Championship for age 12, 150 pound division;

 Request No. 246, by Representative Geringer, congratulating Brett Stewart, winner of
Kansas Kids State Wrestling Championship for age 14, 135 pound division;

 Request No. 247, by Representative Johnson, congratulating Jennifer Benoit, Kansas
delegate for 1999 Citizenship Washington Focus Program;

 Request No. 248, by Representative Johnson, congratulating Ethan Gartrell, Kansas
delegate for 1999 Citizenship Washington Focus Program;

 Request No. 249, by Representative Johnson, congratulating Crystal Sander, Kansas
delegate for 1999 Citizenship Washington Focus Program;

 Request No. 250, by Representative Schwartz, congratulating Bria Taddiken, Kansas
delegate for 1999 Citizenship Washington Focus Program;

 Request No. 251, by Representative Schwartz, honoring Lorretta Vlach on her 90th
birthday;

 Request No. 252, by Representative Compton, congratulating Gridley High School
Forensics Team for winning first place at the Three Rivers League Forensics Championship;

 Request No. 253, by Representative Geringer, congratulating Lance Maldonado, winner
of Kansas Kids State Wrestling Championship for age 8 and under, 46 pound division;

 Request No. 254, by Representative Gilmore, commending Dr. Rob Reid for his
humanitarian efforts in Yugoslavia with the International Children's Heart Foundation;
 Request No. 255, by Representative Weiland, commending Midway USD 433 5th grade
for participating in a mock Space Mission through the Greenbush Educational Center;

 Request No. 256, by Representative Loyd, congratulating Wyatt Thompson, Student
Congress Senate, 1999 National Forensics Tournament;

 Request No. 257, by Representative Loyd, congratulating Brandon Gillette, Lincoln
Douglas Debate Qualifier, 1999 National Forensics Tournament;

 Request No. 258, by Representative Loyd, congratulating Heather Tiffany, named to
the 1999 Garden City Telegram All-Area Girls' Basketball Team;

 Request No. 259, by Representative Loyd, congratulating Ken and Geneva Minter on
50 years of marriage;

 Request No. 260, by Representative Loyd, congratulating Wyatt Wurst, named to the
1999 Garden City Telegram All-Area Boys' Basketball Team;

 Request No. 261, by Representative Toelkes, commending Taylor Jaye Toelkes for
fulfilling the requirements for completion of Kindergarten for school year 1998-99;

 Request No. 262, by Representative McKinney, congratulating Linda Stelzer, a Master
Teacher for 1999;

 Request No. 263, by Representative Adkins, commending the Kansas City St. Andrew
Society, in recognition of the significant contributions of Scottish Americans and in
commemoration of National Tartan Day;

 Request No. 264, by Representative Hermes, commending Larry W. Jackson on 20
years of service as principal of St. Marys High School;

 Request No. 265, by Representatives Gilbert and Wells, congratulating Gwendolyn
Jones, one of 20 winners to receive a $40,000 scholarship from the Ron Brown Scholar
Program;

 Request No. 266, by Representative Schwartz, congratulating Charles and Freta Cornett
on 50 years of marriage;

    be approved and the Chief Clerk of the House be directed to order the printing of said
certificates and order drafting of said resolutions.

   On motion of Rep. Glasscock, the committee report was adopted.

   Upon unanimous consent, the House referred back to the regular order of business,
Introduction of Bills and Concurrent Resolutions.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
 The following concurrent resolution was introduced and read by title:

      HOUSE CONCURRENT RESOLUTION No. 5041--

    By Representatives McClure, Larkin, Aday, Alldritt, Aurand, Ballard, Barnes, Beggs,
      Bethell, Cox, Crow, Dreher, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
      Franklin, Garner, Gatewood, Grant, Haley, Hayzlett, Henderson, Henry, Huff,
      Humerickhouse, Hutchins, Johnson, Johnston, Kirk, Klein, Phill Kline, Kuether, Light,
      M. Long, P. Long, McCreary, McKechnie, McKinney, Minor, Myers, Nichols, O'Brien,
      Pauls, E. Peterson, Phelps, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff,
      Schwartz, Sharp, Showalter, Shriver, Sloan, Stone, Storm, Tanner, Tedder, Thimesch,
      Toelkes, Toplikar, Vining, Weiland, Wells, Welshimer and Wilk

     

      A  CONCURRENT  RESOLUTION memorializing Congress to rescind certain Health
      Care Financing Administration (HCFA) rules requiring Outcome and Assessment
      Information Set (OASIS) reporting.

     

            WHEREAS,  New rules made by HCFA require OASIS assessment and follow-up reports
for all patients of Medicare-certified home health agencies and health departments whether
or not the personal or attendant care for such patients is paid from Medicare; and

      WHEREAS,  The new HCFA report requires an 18-page initial assessment, which must
be completed by a registered nurse, with a 13 page follow-up assessment being required
every 60 days; and

      WHEREAS,  The requirement for computer software for the preparation and
transmission of such assessments and follow-up reports is another unfunded mandate of the
federal government; and

      WHEREAS,  The HCFA requirement requires costly unfunded reporting of those who
receive services which are not paid by Medicare--which reporting duplicates existing
assessment and reporting requirements of the Kansas Department on Aging; and

      WHEREAS,  In the environment of the small, home health care services existing in
Kansas, it is not feasible to create separate organizations to provide services for non-
Medicare customers. The end result of the HCFA rules is that Medicare-certified agencies
will no longer be able to provide in-home services to non-Medicare customers.
Consequently, with lower levels of preventive home services being available to older Kansans
there will be an increase in hospital admissions, thus increasing Medicare costs, and an
increase in nursing home admissions, thus increasing Medicaid costs; and

      WHEREAS,  OASIS appears to be solely a research project of HCFA, totally unfunded
by federal sources, and accomplished with loss of funds by reporting agencies and loss of
services for Kansas seniors: Now, therefore,

      Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring
therein: That we memorialize the Congress of the United States to require the Health
Care Financing Administration OASIS reporting and data reporting requirements to apply
only to Medicare patients and not to all patients of Medicare-certified home health agencies;
and

      Be it further resolved: That the Secretary of State be directed to provide an enrolled
copy of this resolution to the President of the United States, Secretary of Health and Human
Services, President of the United States Senate, Speaker of the United States House of
Representatives, minority leaders of the United States Senate and the United States House
of Representatives, and to each member of the Kansas Congressional delegation.

INTRODUCTION OF ORIGINAL MOTIONS
 Having voted on the prevailing side, Rep. Toplikar moved, pursuant to House Rule 2303,
that the House reconsider its action in the passage of HB 2519 under the order of business,
Final Action on Bills and Concurrent Resolutions (see previous action in this Journal). The
motion did not prevail.

MOTIONS TO CONCUR AND NONCONCUR
 On motion of Rep. Freeborn, the House nonconcurred in Senate amendments to HB
2404 and asked for a conference.

 Speaker pro tem Mays thereupon appointed Reps. Freeborn, Ray and Flora as conferees
on the part of the House.

   On motion of Rep. Boston, the House nonconcurred in Senate amendments to HB 2362
and asked for a conference.

 Speaker pro tem Mays thereupon appointed Reps. Boston, Gilmore and Henry as
conferees on the part of the House.

   On motion of Rep. Glasscock, the House recessed until 2:30 p.m.

______
Afternoon Session
 The House met pursuant to recess with Speaker pro tem Mays in the chair.

MESSAGE FROM THE SENATE
 Announcing passage of SB 326, 356, 358.

 Announcing passage of HB 2489, as amended.

 Also, announcing adoption of HCR 5021, as amended.

 The Senate nonconcurs in House amendments to Sub. SB 117, requests a conference
and has appointed Senators Steffes, Clark and Feleciano as conferees on the part of the
Senate.

 The Senate nonconcurs in House amendments to SB 170, requests a conference and has
appointed Senators Kerr, Salisbury and Hensley as conferees on the part of the Senate.

 The Senate nonconcurs in House amendments to SB 171, requests a conference and has
appointed Senators Lawrence, Langworthy and Downey as conferees on the part of the
Senate.

 The Senate nonconcurs in House amendments to SB 325, requests a conference and has
appointed Senators Kerr, Salisbury and Petty as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2362 and has
appointed Senators Praeger, Salmans and Steineger as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2404 and has
appointed Senators Corbin, Morris and Biggs as conferees on the part of the Senate.

INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
 The following Senate bills were thereupon introduced and read by title:

   SB 326, 356, 358.

COMMITTEE ASSIGNMENT CHANGE
 Speaker pro tem Mays announced Rep. Dean would replace Rep. Henry on Committee
on Appropriations.

INTRODUCTION OF ORIGINAL MOTIONS
 On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on Sub. SB 117.

 Speaker pro tem Mays thereupon appointed Reps. Tomlinson, Myers and Phelps as
conferees on the part of the House.

   On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 170.

 Speaker pro tem Mays thereupon appointed Reps. Phill Kline, Neufeld and Reardon as
conferees on the part of the House.

   On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 171.

 Speaker pro tem Mays thereupon appointed Reps. Tanner, Empson and Reinhardt as
conferees on the part of the House.

   On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 325.

 Speaker pro tem Mays thereupon appointed Reps. Phill Kline, Neufeld and Reardon as
conferees on the part of the House.

REPORT ON ENGROSSED BILLS
 HB 2215 reported correctly engrossed April 1, 1999. HB 2035, 2060, 2136 reported
correctly re-engrossed April 1, 1999.

REPORT ON ENROLLED BILLS
 HB 2012, 2049, 2102, 2146, 2156, 2197, 2214, 2221 reported correctly enrolled,
properly signed and presented to the governor on April 2, 1999.

REPORT ON ENROLLED RESOLUTIONS
 HCR 5010, 5014, 5037 reported correctly enrolled and properly signed on April 2,
1999.

   On motion of Rep. Glasscock, the House adjourned until 10:00 a.m., Wednesday, April
7, 1999.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.