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.