HB 2046--
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HOUSE BILL No. 2046
By the Joint Committee on State Building Construction
1-21
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AN ACT concerning the joint committee on state building construction;
budget requests for certain capital improvement projects; prior con-
sultation on acquisitions of buildings or facilities for use by state agen-
cies through lease-purchase agreements; amending K.S.A. 1996 Supp.
75-3717b and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) No state agency shall enter into any agreement
for the lease-purchase of any building or facility for use by any state
agency or any other agreement for the lease of any building or facility
which in any manner authorizes any state agency to purchase the building
or facility pursuant to such agreement and no such lease-purchase, lease
or other agreement shall be approved by the secretary of administration
unless the secretary of administration and the state agency entering into
such lease-purchase, lease or other agreement first have advised and con-
sulted with the joint committee on state building construction about the
proposed lease-purchase, lease or other agreement and the building or
facility.
(b) As used in this section, ``state agency'' has the meaning ascribed
thereto by K.S.A. 75-3701 and amendments thereto and ``building or
facility'' means any building or other facility that is a capital improvement,
but does not include any public road or highway constructed by or under
supervision of the department of transportation.
Sec. 2. K.S.A. 1996 Supp. 75-3717b is hereby amended to read as
follows: 75-3717b. (a) Whenever a state agency proposes a capital im-
provement project for the construction of a building or for major repairs
or improvements to a building, such state agency shall prepare a capital
improvement budget estimate to be submitted to the division of the
budget in such form as may be required by the director of the budget
and this section. Such state agency shall prepare and include as a part of
such capital improvement budget estimate a written program statement
describing the project. In all cases such program statement shall: (1) in-
clude a detailed justification for the project including an analysis of the
programs, activities and other needs and intended uses for the additional
or improved space and an analysis of the alternative means by which such
space needs and uses could be satisfied; (2). In the case of each capital
improvement project for the construction of a building or for major re-
pairs or improvements to a building, such program statement shall: (1)
Request appropriations for the project in the three phases of preliminary
planning, final planning and construction; (3) (2) describe in detail each
such phase of the project; and (4) (3) include cost estimates for land, site
surveys, soil investigations, equipment, buildings or major repairs or im-
provements to buildings and other items necessary for the project.
(b) Not later than July 1 of each year, such state agency shall submit
to the division of the budget a copy of such capital improvement budget
estimate, and all amendments and revisions thereof, and at the same time
such state agency shall submit copies of such capital improvement budget
estimate, and all amendments and revisions thereof, directly to the state
building advisory commission and to the joint committee on state building
construction. Not later than July 1 of each year such state agency shall
submit directly to the state building advisory commission a copy of each
such capital improvement budget estimate for a project for the construc-
tion of a building or for major improvements to a building, and a copy of
all amendments and revisions thereof.
(c) On or before November 15 each year, the state building advisory
commission shall report and make recommendations on each capital im-
provement budget estimate received pursuant to this section regarding
the project costs, projected scheduling of funding for such costs, and such
other matters as are deemed appropriate by the state building advisory
commission, to: (1) The division of the budget; (2) the joint committee
on state building construction; and (3) the legislative research depart-
ment.
(d) Not later than July 1 of each year, each state agency submitting
such budget estimates shall prepare and submit to the division of the
budget, to the state building advisory commission and to the joint com-
mittee on state building construction copies of a five-year capital improve-
ment program and facilities plan which shall set forth the current and
future space needs and utilization plans for the next five ensuing fiscal
years for that state agency in such form and containing such additional
information as prescribed by the secretary of administration.
(e) Except as provided in this subsection, the provisions of this section
do not apply to any capital improvement project for the adjutant general
that is funded entirely by moneys from the federal government. During
the month of January each year, the adjutant general shall present a report
to the joint committee on state building construction on all capital im-
provement projects that are funded entirely by moneys from the federal
government and that are proposed for the current and ensuing fiscal
years.
(f) As used in this section, ``capital improvement project'', means: (1)
Any capital improvement project for the construction of a building or for
major repairs or improvements to a building; and
(2) any agreement for the lease-purchase of any building or facility,
as defined by section 1 and amendments thereto, for use by any state
agency or any other agreement for the lease of any building or facility, as
defined by section 1 and amendments thereto, which in any manner au-
thorizes any state agency to purchase the building or facility pursuant to
such agreement.
Sec. 3. K.S.A. 1996 Supp. 75-3717b is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the Kansas register.