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16  AN ACT concerning state governmental ethics; relating to financial dis-
17    closures by state employees engaged in economic development activ-
18    ities concerning state officers and employees; relating to disclo-
19    sure, lobbying and lobbyists; amending K.S.A. 46-247, 46-267 and
20    46-285 and K.S.A. 1996 Supp. 46-233 and repealing the existing
21    sections. [relating to governmental agencies, officers and em-
22    ployees; concerning governmental ethics, funds and moneys
23    and contracts; amending K.S.A. 10-116a, 10-427a, 10-1202, 10-
24    1211, 46-235, 46-242, 46-247, 46-267, 46-285, 59-2006, 66-1513,
25    75-430a, 75-1250, 75-1254, 75-1255, 75-1265, 75-3738, 75-3784,
26    75-3799, 75-5310a, 75-5801 and K.S.A. 1996 Supp. 10-106,
27    40-3410, 40-3411, 44-566a, 46-233, 74-8904, 75-1251, 75-1253,
28    75-1258, 75-3739, 75-3740, 75-37,102, 75-5802, 75-5803, 75-
29    5804 and 76-745 and repealing the existing sections; and also
30    repealing K.S.A. 75-1256, 75-1257, 75-1258 and 75-5805 and
31    K.S.A. 1996 Supp. 75-5806 and 75-5807.]
32  
33  Be it enacted by the Legislature of the State of Kansas:
34    Section 1.  K.S.A. 46-247 is hereby amended to read as follows: 46-
35  247. The following individuals shall file written statements of substantial
36  interests, as provided in K.S.A. 46-248 to 46-252, inclusive, and amend-
37  ments thereto:
38    (a)  Legislators and candidates for nomination or election to the leg-
39  islature;
40    (b)  individuals holding an elected office in the executive branch of
41  this state, and candidates for nomination or election to any such office;
42    (c)  state officers, employees and members of boards, councils and
43  commissions under the jurisdiction of the head of any state agency who
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 1  are listed as designees by the head of a state agency pursuant to K.S.A.
 2  46-285, and amendments thereto;
 3    (d)  individuals whose appointment to office is subject to confirmation
 4  by the senate whether or not such individual is a state officer or employee;
 5    (e)  general counsels for state agencies irrespective of how compen-
 6  sated;
 7    (f)  the administrator or executive director of the education commis-
 8  sion of the states, the interstate compact on agricultural grain marketing,
 9  the Mo-Kan metropolitan development district and agency compact, the
10  Kansas City area transportation district and authority compact, the mid-
11  west nuclear compact, the central interstate low-level radioactive waste
12  compact, the multistate tax compact, the Kansas-Oklahoma Arkansas river
13  basin compact, the Kansas-Nebraska Big Blue river compact, and the
14  multistate lottery;
15    (g)  private consultants under contract with any agency of the state of
16  Kansas to evaluate bids for public contracts or to award public contracts;
17    (h)  officers and employees of the department of commerce and hous-
18  ing and officers, employees and board members of Kansas, Inc., and the
19  Kansas technology enterprise corporation; and
20    (i)  employees of regent's institutions who are involved in economic
21  development activities. (i)  unclassified faculty and staff who are as-
22  sociated with centers of excellence in regents institutions or unclas-
23  sified faculty and staff whose research endeavors are supported by
24  funds committed to those centers.
25    Sec. 2.  K.S.A. 46-285 is hereby amended to read as follows: 46-285.
26    (a) The head of every state agency shall submit a list of designees under
27  the agency head's jurisdiction, identifying the positions, names and home
28  mailing addresses of all designees of that agency to the commission an-
29  nually between March 15 and March 31, inclusive. The agency head may
30  prepare and submit a separate list for each department, division, bureau
31  or other unit within the agency head's jurisdiction. The agency head shall
32  attach to each list an organizational chart for the agency, department or
33  division to which that list corresponds and shall certify the list to be cor-
34  rect. The agency head shall notify the commission of the name, home
35  address and position of any new designee under the agency head's juris-
36  diction within 10 days of appointment. The commission may request the
37  head of a state agency to make additions to or deletions from the list.
38    (b)  Annually between March 15 and March 31, the president or
39  chancellor of each institution governed by the board of regents shall
40  submit to the commission a list of the employees of such institution which
41  are engaged in economic development activities for purposes of subject
42  to subsection (i) of K.S.A. 46-247 and amendments thereto. The list shall
43  include the home addresses of such employees. The president or chan-
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 1  cellor shall notify the commission of any new employees engaging in
 2  economic development activities subject to subsection (i) of K.S.A. 46-
 3  247, and amendments thereto, within 10 days of that individual's em-
 4  ployment.
 5    (b) (c)  The commission shall transmit promptly copies of all lists re-
 6  ceived under this section to the secretary of state.
 7    New Sec. 3.  No officer or employee of the department of commerce
 8  and housing, Kansas, Inc. or the Kansas technology enterprise corporation
 9  may have any financial interest, employment or other similar interest in
10  any business with which such employee's agency does business. Such
11  prohibition shall not apply to members of the board of directors of Kansas,
12  Inc. or the Kansas technology enterprise corporation who serve without
13  compensation.
14    New Sec. 3.  The provisions of K.S.A. 46-233, and amendments
15  thereto, shall apply to officers, and employees and board members
16  of Kansas, Inc., and the Kansas technology enterprise corporation.
17  Officers or employees of the department of commerce and housing
18  and the officers, or employees and board members of Kansas, Inc.
19  and Kansas technology enterprise corporation in the capacity of
20  such officer, or employee or board member, shall not be involved
21  in the preparation of or participate in the making of a contract,
22  grant, loan or equity investment with any person or business by
23  which such officer, or employee or board member has a financial
24  interest or is employed or in whose business any member of such
25  officer's or employee's or board member's immediate family is em-
26  ployed or has a financial interest. Financial interest shall not in-
27  clude passive investments in pension systems, annuities, mutual
28  funds or brokerage accounts by an officer, or employee or board
29  member or a member of such officer's, or employee's or board mem-
30  ber's immediate family.
31    Sec. 4.  K.S.A. 1996 Supp. 46-233 is hereby amended to read
32  as follows: 46-233. (a) (1) No state officer or employee shall in the
33  capacity as such officer or employee be substantially involved in
34  the preparation of or participate in the making of a contract with
35  any person or business by which such officer or employee is em-
36  ployed or in whose business such officer or employee or any mem-
37  ber of such officer's or employee's immediate family has a sub-
38  stantial interest and no such person or business shall enter into
39  any contract where any state officer or employee, acting in such
40  capacity, is a signatory to, has been substantially involved in the
41  preparation of or is a participant in the making of such contract
42  and is employed by such person or business or such officer or em-
43  ployee or any member of such officer's or employee's immediate
SB 18--Am. by HCW
                                     

 1  family has a substantial interest in such person or business. Sub-
 2  stantial interest means ``substantial interest'' as defined by K.S.A. 46-229,
 3  and amendments thereto, and any such interest held within the preceding
 4  twelve months of the act or event of participating in the preparation of
 5  making a contract.
 6    (2)  Except as otherwise provided in this subsection, whenever
 7  any individual has, within the preceding two years participated as a
 8  state officer or employee in the making of any contract with any
 9  person or business, such individual shall not accept employment
10  with such person or business for one year following termination of as
11  an employee, independent contractor or subcontractor until two years
12  after performance of the contract is completed or until two years after the
13  individual terminates employment as a state officer or employee,
14  whichever is sooner. This prohibition on accepting employment shall
15  not apply in any case in which: (A) A state officer or employee who
16  participated in making a contract while employed by an institution
17  that is subsequently closed or abolished or otherwise ceases op-
18  erations or that has budget reductions imposed that are associated
19  with such closure and who is laid off from employment with such
20  institution for the reason of such closure, abolition or cessation of
21  operations or such imposition of budget reductions; or (B) a state
22  officer or employee who participated in making a contract while
23  employed by an institution that is scheduled to be closed or abol-
24  ished or to cease operations, who is scheduled to be laid off from
25  employment with such institution for the reason of the scheduled
26  closure, abolition or cessation of operations, and who voluntarily
27  terminates such employment after receiving such state officer or
28  employee's notice of the scheduled layoff. As used in this subsec-
29  tion (a)(2), ``laid off'' and ``layoff'' mean, in the case of a state officer
30  or employee in the classified service under the Kansas civil service
31  act, being laid off under K.S.A. 75-2948, and amendments thereto,
32  and, in the case of a state officer or employee in the unclassified
33  service under the Kansas civil service act, being terminated from
34  employment with the state agency by the appointing authority,
35  except that ``laid off'' and ``layoff'' shall not include any separation
36  from employment pursuant to a budget reduction or expenditure
37  authority reduction and a reduction of F.T.E. positions under
38  K.S.A. 1996 Supp. 75-6801, and amendments thereto; and ``insti-
39  tution'' means Topeka state hospital or Winfield state hospital and
40  training center.
41    (b)  No individual shall, while a legislator or within one year
42  after the expiration of a term as legislator, be interested pecu-
43  niarily, either directly or indirectly, in any contract with the state,
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 1  which contract is funded in whole or in part by any appropriation
 2  or is authorized by any law passed during such term, except that
 3  the prohibition of this subsection (b) shall not apply to any contract
 4  interest in relation to which a disclosure statement is filed as pro-
 5  vided by K.S.A. 46-239, and amendments thereto.
 6    (c)  No individual, while a legislator or within one year after the
 7  expiration of a term as a legislator, shall represent any person in
 8  a court proceeding attacking any legislative action taken or enact-
 9  ment made during any term such individual served as a legislator
10  as being unconstitutional because of error in the legislative process
11  with respect to such action or enactment unless such legislator
12  voted no upon the enactment of the measure and declared on the
13  record, during such term, that such legislation was unconstitu-
14  tional. The prohibition of this subsection (c) shall not apply to a
15  current or former legislator charged with a violation of such leg-
16  islative action or enactment.
17    (d)  Subsections (a) and (b) shall not apply to the following:
18    (1)  Contracts let after competitive bidding has been advertised
19  for by published notice; and
20    (2)  Contracts for property or services for which the price or
21  rate is fixed by law.
22    (e)  When used in this section:
23    (1)  ``Substantial interest'' shall have the same meaning ascribed
24  thereto by K.S.A. 46-229, and amendments thereto, and any such interest
25  held within the preceding 12 months of the act or event of participating
26  in the preparation of making a contract.
27    (2)  ``Substantially involved in the preparation of or participate in the
28  making of a contract'' means having approved or disapproved a contract
29  or having provided significant factual or specific information or advice
30  or recommendations in relation to the negotiated terms of the contract.
31    Sec. 5.  K.S.A. 46-267 is hereby amended to read as follows: 46-
32  267. (a) No person shall pay or accept or agree to pay or accept or
33  arrange for a third party to pay or agree to pay present, future, promised
34  or contingent compensation, or any part thereof, for lobbying which
35  is contingent upon the result achieved or attained.
36    (b)  No person shall pay or accept or agree to pay or accept present,
37  future, promised or contingent compensation, or any part thereof, for the
38  referral of a person or persons to a lobbyist for lobbying services.
39    (c)  No lobbying contract or agreement shall be valid or enforceable
40  in a court of law unless it is in writing, signed by all parties thereto and
41  was executed prior to the lobbyist's commencement of lobbying for the
42  represented person under such contract or agreement. Any such lobbying
43  contract or agreement shall be invalid and unenforceable unless such lob-
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 1  byist complies with all lobbying laws and lobbyist reporting requirements
 2  of this act.
 3    Sec. 4. 6.  K.S.A. 46-247, 46-267 and 46-285 and K.S.A. 1996
 4  Supp. 46-233 are hereby repealed.
 5    [Sec. 6.  K.S.A. 46-235 is hereby amended to read as follows:
 6  46-235. (a) No state officer or employee shall accept compensation
 7  for performance of official duties, other than that to which such
 8  person is entitled for such performance. No person shall pay or
 9  offer to pay any state officer or employee any compensation for
10  performance of official duties, except a state officer or employee
11  performing official duties in making payments to state officers and
12  employees. The receipt of wages or salary from an individual's
13  non-state employer during a period of service as a state officer or
14  employee shall not be construed as compensation for performance
15  of official duties.
16    [(b) (1)  Except as otherwise specifically provided in this subsection,
17  no legislator, state officer elected on a statewide basis, full time state officer
18  appointed subject to confirmation by the senate or the spouse of any such
19  officer shall accept directly or indirectly any present, promised or contin-
20  gent moneys, compensation, expenses or other allowance or economic op-
21  portunity:
22    [(A)  Which is paid or financed in whole or in part from moneys or
23  funds of, or which are budgeted for expenditures by, any agency of the
24  state, or any body politic and corporate or other entity created by any
25  law of the state, except compensation and allowances specifically author-
26  ized by law for duties and service of the legislator, state officer elected on
27  a statewide basis, full time state officer appointed subject to confirmation
28  by the senate;
29    [(B)  under any contract or bond or any kind of debt instrument issued
30  by any agency of the state or any body politic and corporate or other
31  entity created by any law of the state; or
32    [(C)  under any contract issued by the any political or taxing subdi-
33  vision of the state which receives an amount equal to 10% or more of the
34  revenues funding its budget of expenditures in any fiscal year from any
35  agency of the state.
36    [(2)  The provisions of part (1) of this subsection shall not apply to:
37    [(A)  Any contract or bond awarded or issued by any agency of the
38  state or any body politic and corporate or other entity created by any law
39  of the state upon the basis of a pure competitive bid or in accordance with
40  an established fee schedule;
41    [(B)  moneys, compensation, allowances or economic opportunities re-
42  ceived from any agency of the state or any body politic and corporate or
43  other entity created by any law of the state, if such benefit accrues to
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 1  members of the general public or a specific class of individuals other than
 2  members of the legislature;
 3    [(C)  the refund of taxes by the state or any political or taxing subdi-
 4  vision;
 5    [(D)  benefits received pursuant to the order of any court or an action
 6  brought in accordance with the Kansas administrative procedure act;
 7    [(E)  the receipt of compensation, expenses or other allowances for
 8  service to any university under the jurisdiction of the state board of re-
 9  gents, the Washburn board of regents, a community college or a unified
10  school district; or
11    [(F)  the receipt of compensation, expenses or other allowances for
12  service in the classified service under the Kansas civil service act by the
13  spouse of any such officer.
14    [(3)  Any person violating the provisions of this subsection shall be
15  guilty of a class A misdemeanor.
16    [(c)  Except as otherwise specifically provided in this subsection, no
17  person, in which any legislator, state officer elected on a statewide basis,
18  full-time state officer appointed subject to confirmation by the senate or
19  the spouse of any such officer has a substantial interest or any kind of
20  ownership interest, shall accept any compensation or economic opportu-
21  nity from any agency of the state, any body politic and corporate or other
22  entity created by any law of the state or any political or taxing subdivision
23  of the state which receives an amount equal to 10% or more of the reve-
24  nues funding its budget of expenditures in any fiscal year from any agency
25  of the state. The provisions of this subsection shall not apply to ownership
26  or a substantial interest consisting of stocks or bonds which are publicly
27  traded or bonds issued by agencies of the state or bodies politic or cor-
28  porate or other entities created by any law of the state.
29    [Sec. 7.  K.S.A. 46-242 is hereby amended to read as follows:
30  46-242. (a) No state officer or employee shall accept a represen-
31  tation case before a state agency where such officer or employee
32  knows or should know that it is obviously without merit and is
33  being offered with intent to obtain improper influence over a state
34  agency.
35    [(b)  No state officer or employee shall use threat or promise of
36  official action in an attempt to influence a state agency in any rep-
37  resentation case.
38    [(c)  Except as otherwise provided in this subsection, no legislator, or
39  other representative of any firm of which any legislator is a member or
40  by which any legislator is employed, shall represent any person in any
41  representation case before any state agency except cases in which the
42  legislator is representing only the personal interest of the legislator, the
43  interests of a member of the immediate family of such legislator or a
SB 18--Am. by HCW
                                     

 1  person in which such legislator has a substantial interest. The provisions
 2  of this subsection shall not apply to representation in workers compen-
 3  sation cases, before the board of tax appeals and proceedings in ac-
 4  [chcordance with the Kansas administrative procedure act.
 5    [Sec. 8.  K.S.A. 1996 Supp. 74-8904 is hereby amended to read
 6  as follows: 74-8904. Except as otherwise limited by this act, the
 7  authority shall have the following powers to:
 8    [(a)  Sue and be sued;
 9    [(b)  have a seal and alter such seal;
10    [(c)  make and alter bylaws for its organization and internal
11  management;
12    [(d)  adopt such rules and regulations as may be necessary to
13  carry out the purposes of this act;
14    [(e)  acquire, hold and dispose of real and personal property for
15  its corporate purposes;
16    [(f)  appoint officers, agents and employees, prescribe their du-
17  ties and qualifications and fix their compensation;
18    [(g)  borrow money and to issue notes, bonds and other obli-
19  gations pursuant to K.S.A. 74-8905, and amendments thereto,
20  whether or not the interest on which is subject to federal income
21  taxation, and to provide for the rights of the lenders or holders
22  thereof;
23    [(h)  purchase notes or participations in notes evidencing loans
24  which are secured by mortgages or security interests and to enter
25  into contracts in that regard;
26    [(i)  make secured or unsecured loans for any of the purposes
27  for which bonds of the authority may be issued under this act or
28  to low and moderate income multifamily rental housing projects
29  participating in programs established in section 42 of the federal
30  internal revenue code, and provide financing for housing projects
31  and programs in participation with programs established by the
32  United States department of housing and urban development or
33  the Kansas department of commerce and housing; except as oth-
34  erwise provided in this subsection, nothing in this act shall be con-
35  strued to authorize the authority to make loans directly to individ-
36  uals to finance housing developments;
37    [(j)  sell mortgages and security interests at public or private
38  sale, to negotiate modifications or alterations in mortgage and se-
39  curity interests, to foreclose on any mortgage or security interest
40  in default or commence any action to protect or enforce any right
41  conferred upon it by any law, mortgage, security agreement, con-
42  tract or other agreement, and to bid for and purchase property
43  which was the subject of such mortgage or security interest at any
SB 18--Am. by HCW
                                     

 1  foreclosure or at any other sale, to acquire or take possession of
 2  any such property, and to exercise any and all rights as provided
 3  by law for the benefit or protection of the authority or mortgage
 4  holders;
 5    [(k)  collect fees and charges in connection with its loans, bond
 6  guarantees, commitments and servicing, including, but not limited
 7  to, reimbursement of costs of financing as the authority shall de-
 8  termine to be reasonable and as shall be approved by the authority;
 9    [(l)  make and execute contracts for the servicing of mortgages
10  acquired by the authority pursuant to this act, and to pay the rea-
11  sonable value of services rendered to the authority pursuant to
12  those contracts;
13    [(m)  enter into agreements with and accept gifts, grants, loans
14  and other aid from the federal government, the state, any state
15  agency, any political subdivision of the state, or any person or cor-
16  poration, foundation or legal entity, and to agree to and comply
17  with any conditions attached to federal and state financial assis-
18  tance not inconsistent with the provisions of this act;
19    [(n)  invest moneys of the authority not required for immediate
20  use, including proceeds from the sale of any bonds, in such manner
21  as the board shall determine, subject to any agreement with bond-
22  holders stated in the authorizing resolution providing for the is-
23  suance of bonds;
24    [(o)  procure insurance against any loss in connection with its
25  programs, property and other assets;
26    [(p)  provide technical assistance and advice to the state or po-
27  litical subdivisions of the state and to enter into contracts with the
28  state or political subdivisions of the state to provide such services.
29  The state or political subdivisions of the state are hereby author-
30  ized to enter into contracts with the authority for such services and
31  to pay for such services as may be provided them;
32    [(q)  establish accounts in one or more depositories;
33    [(r)  lease, acquire, construct, sell and otherwise deal in and
34  contract concerning any facilities;
35    [(s)  have and exercise all of the powers granted to the public
36  housing authorities by the state, except that the authority shall not
37  have the power of eminent domain;
38    [(t)  do any and all things necessary or convenient to carry out
39  purposes of the authority and exercise the powers given and
40  granted in this act;
41    [(u)  assist minority businesses in obtaining loans or other
42  means of financial assistance. The terms and conditions of such
43  loans or financial assistance, including the charges for interest and
SB 18--Am. by HCW
                                     

 1  other services, will be consistent with the provisions of this act. In
 2  order to comply with this requirement, efforts must be made to
 3  solicit for review and analysis proposed minority business ven-
 4  tures. Basic loan underwriting standards will not be waived to in-
 5  consistently favor minority persons or businesses from the intent
 6  of the authority's lending practices; and
 7    [(v)  form one or more subsidiary corporations under K.S.A. 17-
 8  6001 et seq., and amendments thereto, in accordance with the pro-
 9  cedures therein contained. Each subsidiary corporation shall be
10  subject to the same restrictions and limitations as to the powers
11  and purposes to which the authority is subject. The authority may
12  delegate any of its powers, obligations and duties to any subsidiary
13  corporation by inclusion of such powers, obligations and duties in
14  the articles of incorporation of the subsidiary corporation. Subsid-
15  iary corporations so formed shall constitute legal entities separate
16  and distinct from each other, the authority and the state. The au-
17  thority shall not be liable for the debts or obligations or for any
18  actions or in actions of its subsidiary corporations unless the au-
19  thority expressly agrees otherwise in writing. The authority may
20  make loans or grants to a subsidiary corporation from time to time
21  to enable the subsidiary corporation to carry out its purposes. The
22  members of the authority shall constitute all of the directors of
23  each subsidiary corporation;
24    [(w)  adopt rules and regulations establishing guidelines for the
25  awarding of professional services contracts for state agencies, in accor-
26  dance with section 9; and
27    [(x)  adopt rules and regulations establishing guidelines for the accep-
28  tance of competitive bids upon the sale of bonds by any agency of the
29  state, any body politic and corporate or any other entity created by any
30  law of the state.
31    [The state, any municipality or any state commission, public au-
32  thority, agency, officer, department, board or division authorized
33  and empowered to enter into agreements with, to grant, convey,
34  lease or otherwise transfer any property to, or to otherwise trans-
35  act business with the authority, shall have the same authorization
36  and power to engage in these activities with each subsidiary cor-
37  poration of the authority.
38    [One or more such subsidiary corporation may be formed for
39  purposes of establishing state tax credit equity funds to assist in
40  the development of low-income and middle-income housing and
41  obtain financing through participation in the program established
42  in section 42 of the federal internal revenue code.
43    [Actions of the authority or any subsidiary corporation relating
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 1  to housing pursuant to this subsection (v) shall be carried out in
 2  accordance with any terms, conditions and limitations relating to
 3  policy issues regarding housing, as established by the secretary of
 4  commerce and housing.
 5    [New Sec. 9.  (a) Except as otherwise specifically provided by
 6  law, all contracts for the providing of professional services for state
 7  agencies shall be awarded in conformance with guidelines estab-
 8  lished pursuant to rules and regulations adopted by the board of
 9  directors or the Kansas development finance authority upon the
10  basis of competitive bids. All bids shall be solicited by notice pub-
11  lished in the Kansas Register. Notice also shall be published not
12  less than once in the journal or other publication of the profession
13  for which such services are to be contracted. The director of pur-
14  chases and officers and employees of all state agencies shall pro-
15  vide such board with such information, records and assistance as
16  the board may require in its deliberations and determination in
17  awarding such contracts. When in the judgment of the board of
18  directors of the Kansas development finance authority, an agency
19  emergency requires immediate performance of services, compet-
20  itive bids need not be required.
21    [(b)  As used in this act, ``professional services'' shall mean and
22  include all services provided under contract to agencies of the
23  state by any member of profession, the members of which are li-
24  censed or regulated under the laws of the state of Kansas.
25    [Sec. 10.  K.S.A. 75-3738 is hereby amended to read as follows:
26  75-3738. Except as otherwise provided in new section 9, the director
27  of purchases shall:
28    [(a)  Purchase, rent or otherwise provide for the furnishing of
29  supplies, materials, equipment or contractual services for all state
30  agencies.
31    [(b)  Have power to authorize any state agency to purchase di-
32  rectly certain specified supplies, materials, equipment or contrac-
33  tual services under prescribed conditions and procedures.
34    [(c)  Prescribe the manner in which supplies, materials and
35  equipment shall be purchased, delivered and distributed.
36    [(d)  Prescribe the time, manner and authentication of making
37  requisitions for supplies, materials, equipment and contractual
38  services.
39    [(e)  Establish standards of quality and quantity and develop
40  standard specifications in consultation with the several state agen-
41  cies.
42    [(f)  Prescribe the manner of making chemical and physical
43  tests of samples submitted with bids and samples of deliveries to
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 1  determine compliance with specifications and the manner in which
 2  state agencies shall inspect all deliveries of supplies, materials and
 3  equipment.
 4    [(g)  Prescribe the amounts and form of, accounting for and dis-
 5  position of any deposit or bond required to be submitted with a
 6  bid or a contract and the amount of any such deposit or bond to
 7  be given for the faithful performance of a contract.
 8    [(h)  Require reports by state agencies of stocks of supplies, ma-
 9  terials and equipment on hand and prescribe the form of such
10  reports and deliver copies of such reports to the director of pur-
11  chases and the director of accounts and reports.
12    [Sec. 11.  K.S.A. 1996 Supp. 75-3739 is hereby amended to
13  read as follows: 75-3739. In the manner as provided in this act and
14  rules and regulations established thereunder:
15    [(a)  Except as otherwise provided in subsection (j), all contracts for
16  construction and repairs, and all purchases of and contracts for
17  supplies, materials, equipment and contractual services to be ac-
18  quired for state agencies shall be based on competitive bids, except
19  that competitive bids need not be required: (1) For contractual
20  services when, in the judgment of the director of purchases, no
21  competition exists; or (2) when, in the judgment of the director of
22  purchases, chemicals and other material or equipment for use in
23  laboratories or experimental studies by state agencies are best pur-
24  chased without competition, or where rates are fixed by law or
25  ordinance; or (3) when, in the judgment of the director of pur-
26  chases, an agency emergency requires immediate delivery of sup-
27  plies, materials or equipment, or immediate performance of serv-
28  ices; or (4) when any statute authorizes another procedure or
29  provides an exemption from the provisions of this section.
30    [The director of purchases shall make a detailed report at least
31  once in each calendar quarter to the legislative coordinating coun-
32  cil and the chairpersons of the senate committee on ways and
33  means and the house of representatives committee on appropria-
34  tions of all contracts for goods, supplies, materials, equipment or
35  contractual services entered into without competitive bids under
36  subsections (a)(1), (a)(2), (a)(3) or (g).
37    [(b)  Except as otherwise provided in subsection (j), if the amount
38  of the purchase is estimated to exceed approximately $10,000,
39  sealed bids shall be solicited by notice published once in the Kan-
40  sas register not less than 10 days before the date stated therein for
41  the opening of such bids. The director of purchases may waive this
42  publication of notice requirement when the director determines
43  that a more timely procurement is in the best interest of the state.
SB 18--Am. by HCW
                                     

 1  The director of purchases also may designate a trade journal for
 2  such publication. The director of purchases also shall solicit such
 3  bids by sending notices by mail to prospective bidders. All bids
 4  shall be sealed when received and shall be opened in public at the
 5  hour stated in the notice. The director of purchases shall make a
 6  detailed report at least once in each calendar quarter to the leg-
 7  islative coordinating council and the chairpersons of the senate
 8  committee on ways and means and the house of representatives
 9  committee on appropriations of all cases when the publication of
10  notice of bid solicitations in the Kansas register have been waived
11  under this subsection.
12    [(c)  Except as otherwise provided in subsection (j), all purchases
13  estimated to exceed approximately $5,000 but not more than
14  $10,000, shall be made after receipt of sealed bids following at
15  least three days' notice posted on a public bulletin board in the
16  office of the director of purchases. The director of purchases also
17  may solicit sealed bids by mail in such cases in like manner as
18  provided in subsection (b).
19    [(d)  Except as otherwise provided in subsection (j), all purchases
20  estimated to be less than $5,000 may be made after the receipt of
21  three or more bid solicitations by telephone and after receipt of
22  sealed bids following at least three days' notice posted on a public
23  bulletin board in the office of the director of purchases. Such bids
24  shall be recorded as provided in subsection (e) of K.S.A. 75-3740
25  and amendments thereto. With the approval of the secretary of
26  administration, the director of purchases may delegate authority
27  to any state agency to make purchases of less than $10,000 either
28  on the open market or under certain prescribed conditions and
29  procedures. The director of purchases shall make a report at least
30  once in each calendar quarter to the legislative coordinating coun-
31  cil and the chairpersons of the senate committee on ways and
32  means and the house of representatives committee on appropria-
33  tions of all current and existing delegations of authority under this
34  subsection to state agencies.
35    [(e)  Subject to the provisions of subsection (d), contracts and
36  purchases shall be based on specifications approved by the direc-
37  tor of purchases. When deemed applicable and feasible by the di-
38  rector of purchases, such specifications shall include either energy
39  efficiency standards or appropriate life cycle cost formulas, or
40  both, for all supplies, materials, equipment and contractual serv-
41  ices to be purchased by the state. The director of purchases may
42  reject a contract or purchase on the basis that a product is manu-
43  factured or assembled outside the United States. No such specifi-
SB 18--Am. by HCW
                                     

 1  cations shall be fixed in a manner to effectively exclude any re-
 2  sponsible bidder offering comparable supplies, materials,
 3  equipment or contractual services.
 4    [(f)  Notwithstanding anything herein to the contrary, all con-
 5  tracts with independent construction concerns for the construc-
 6  tion, improvement, reconstruction and maintenance of the state
 7  highway system and the acquisition of rights-of-way for state high-
 8  way purposes shall be advertised and let as now or hereafter pro-
 9  vided by law.
10    [(g)  The director of purchases may authorize state agencies to
11  contract for services and materials with other state agencies, or
12  with federal agencies, political subdivisions of Kansas, agencies of
13  other states or subdivisions thereof, or private nonprofit educa-
14  tional institutions, without competitive bids.
15    [(h)  Except as otherwise specifically provided by law, no state
16  agency shall enter into any lease of real property without the prior
17  approval of the secretary of administration. Such state agency shall
18  submit to the secretary of administration such information relating
19  to any such proposed lease as the secretary may require. The sec-
20  retary of administration shall either approve, modify and approve
21  or reject any such proposed lease.
22    [(i)  The director of purchases shall require all bidders on state
23  contracts to disclose all substantial interests held by the bidder in
24  the state.
25    [(j)  The final determination and awarding of all contracts for the pro-
26  viding of professional services for state agencies, shall be awarded in con-
27  formance with guidelines established pursuant to rules and regulations
28  adopted by the board of directors of the Kansas development finance
29  authority and as provided by K.S.A. 74-8904 and new section 9, and
30  amendments thereto.
31    [Sec. 12.  K.S.A. 1996 Supp. 75-3740 is hereby amended to
32  read as follows: 75-3740. (a) Except as provided by K.S.A. 1996
33  Supp. 75-3740b, all contracts and purchases made by or under the
34  supervision of the director of purchases or any state agency for
35  which competitive bids are required shall be awarded to the lowest
36  responsible bidder, taking into consideration conformity with the
37  specifications, terms of delivery, and other conditions imposed in
38  the call for bids.
39    [(b)  Except as otherwise provided in subsection (g), the director of
40  purchases shall have power to decide as to the lowest responsible
41  bidder for all purchases, but if:
42    [(1)  The dollar amount of the bid received from the lowest re-
43  sponsible bidder from within the state is identical to the dollar
SB 18--Am. by HCW
                                     

 1  amount of the bid received from the lowest responsible bidder
 2  from without the state, the contract shall be awarded to the bidder
 3  from within the state;
 4    [(2)  in the case of bids for paper products specified in K.S.A.
 5  1996 Supp. 75-3740b, the dollar amounts of the bids received from
 6  two or more lowest responsible bidders are identical, the contract
 7  shall be awarded to the bidder whose bid is for those paper prod-
 8  ucts containing the highest percentage of recyclable materials; and
 9    [(3)  in the case of bids for paper products specified in K.S.A.
10  1996 Supp. 75-3740b, the dollar amounts of the bids received from
11  two or more lowest responsible bidders are identical, the contract
12  shall be awarded to the bidder whose bid is for those paper prod-
13  ucts containing the highest percentage of recycled materials.
14    [(c)  Except as otherwise provided in subsection (g), any or all bids
15  may be rejected, and a bid shall be rejected if it contains any ma-
16  terial alteration or erasure. The director of purchases may reject
17  the bid of any bidder who is in arrears on taxes due the state, who
18  is not properly registered to collect and remit taxes due the state
19  or who has failed to perform satisfactorily on a previous contract
20  with the state. The secretary of revenue is hereby authorized to
21  exchange such information with the director of purchases as is nec-
22  essary to effectuate the preceding sentence notwithstanding any
23  other provision of law prohibiting disclosure of the contents of
24  taxpayer records or information. Prior to determining the lowest
25  responsible bidder on contracts for construction of buildings or
26  for major repairs or improvements to buildings for state agencies,
27  the director of purchases shall consider: (1) The criteria and in-
28  formation developed by the secretary of administration, with the
29  advice of the state building advisory commission to rate contrac-
30  tors on the basis of their performance under similar contracts with
31  the state, local governmental entities and private entities, in ad-
32  dition to other criteria and information available, and (2) the rec-
33  ommendations of the project architect, or, if there is no project
34  architect, the recommendations of the secretary of administration
35  or the agency architect for the project as provided in K.S.A. 75-
36  1254, and amendments thereto. In any case where competitive
37  bids are required and where all bids are rejected, new bids shall
38  be called for as in the first instance, unless otherwise expressly
39  provided by law.
40    [(d)  Before the awarding of any contract for construction of a
41  building or the making of repairs or improvements upon any build-
42  ing for a state agency, the director of purchases shall receive writ-
43  ten approval from the state agency for which the building con-
SB 18--Am. by HCW
                                     

 1  struction project has been approved, that the bids generally
 2  conform with the plans and specifications prepared by the project
 3  architect, by the secretary of administration or by the agency ar-
 4  chitect for the project, as the case may be, so as to avoid error and
 5  mistake on the part of the contractors. In all cases where material
 6  described in a contract can be obtained from any state institution,
 7  the director of purchases shall exclude the same from the contract.
 8    [(e)  All bids with the names of the bidders and the amounts
 9  thereof, together with all documents pertaining to the award of a
10  contract, shall be made a part of a file or record and retained by
11  the director of purchases for five years, unless reproduced as pro-
12  vided in K.S.A. 75-3737, and amendments thereto, and shall be
13  open to public inspection at all reasonable times.
14    [(f)  As used in this section and in K.S.A. 75-3741, and amend-
15  ments thereto, ``project architect'' shall have the meaning ascribed
16  thereto in K.S.A. 75-1251, and amendments thereto.
17    [(g)  The final determination and awarding of all contracts for the
18  providing of professional services for state agencies, shall be awarded in
19  conformance with guidelines established pursuant to rules and regulations
20  adopted by the board of directors of the Kansas development finance
21  authority and as provided in K.S.A. 74-8904 and new section 9, and
22  amendments thereto.
23    [Sec. 13.  K.S.A. 75-3784 is hereby amended to read as follows:
24  75-3784. (a) Except as otherwise provided in subsection (b), the secre-
25  tary of administration is hereby authorized to contract for ancillary
26  technical services for any project for the construction of a building
27  or for repairs or improvements to a building for a state agency
28  which are not provided by any firm or state agency providing ar-
29  chitectural services or engineering services for the project. Such
30  ancillary technical services shall include but not be limited to ge-
31  ology services and other soil or subsurface investigation and test-
32  ing services, surveying, adjusting and balancing of air condition-
33  ing, ventilating, heating and other mechanical building systems,
34  testing and consultant services. Such contract shall not be subject
35  to the provisions of K.S.A. 75-3739, and amendments thereto, or
36  to the provisions of the acts contained in articles 54 or 58 of chap-
37  ter 75 of the Kansas Statutes Annotated. Expenditures for such
38  ancillary technical services shall be made from funds appropriated
39  for the project or available therefor.
40    [(b)  The final determination and awarding of all contracts for the
41  providing of professional services for state agencies shall be awarded in
42  conformance with guidelines established pursuant to rules and regulations
43  adopted by the board of directors of the Kansas development finance
SB 18--Am. by HCW
                                     

 1  authority and as provided in K.S.A. 74-8904 and new section 9, and
 2  amendments thereto.
 3    [Sec. 14.  K.S.A. 75-3799 is hereby amended to read as follows:
 4  75-3799. (a) Upon request of the chief administrative officer of a
 5  state agency and subject to the approval of the secretary of ad-
 6  ministration, the director of purchases may convene a financial
 7  services negotiating committee to obtain financial services for the
 8  state agency under this section.
 9    [(b)  Each financial services negotiating committee shall be
10  composed of (1) the director of purchases, or a person designated
11  by the director of purchases, (2) the chief administrative officer of
12  the state agency needing financial services, or a person designated
13  by the officer, and (3) the director of accounts and reports, or a
14  person designated by the director of accounts and reports.
15    [(c)  The financial services negotiating committee is authorized
16  to negotiate contracts with qualified parties to provide financial
17  services, including services relating to installment purchase, lease,
18  or lease-purchase of equipment or to other financial related serv-
19  ices needed by the state agency.
20    [(d)  Prior to negotiating for financial services, the committee
21  shall advertise for proposals, negotiate with one or more of the
22  firms submitting proposals and select from among those submit-
23  ting such proposals the party to contract with for the purpose of
24  providing financial services.
25    [(e)  Contracts entered into pursuant to this section for finan-
26  cial services shall not be subject to the provisions of K.S.A. 75-3738
27  to 75-3740a, inclusive, and any amendments thereto.
28    [(f)  The provisions of this section shall not apply to the awarding of
29  contracts for the providing of professional services as defined by new
30  section 9.
31    [Sec. 15.  K.S.A. 1996 Supp. 75-37,102 is hereby amended to
32  read as follows: 75-37,102. (a) Upon request of the chief adminis-
33  trative officer of a state agency and subject to the approval of the
34  secretary of administration, the director of purchases may convene
35  a procurement negotiating committee to obtain services or tech-
36  nical products for the state agency.
37    [(b)  Each procurement negotiating committee shall be com-
38  posed of: (1) The director of purchases, or a person designated by
39  the director; (2) the chief administrative officer of the state agency
40  desiring to make the procurement, or a person designated by the
41  officer; and (3) the secretary of administration, or a person des-
42  ignated by the secretary.
43    [(c)  The negotiating committee is authorized to negotiate for
SB 18--Am. by HCW
                                     

 1  the procuring state agency contracts with qualified parties to pro-
 2  vide services or technical products needed by the state agency.
 3    [(d)  Prior to negotiating for the procurement, a notice to bid-
 4  ders first shall be published in the Kansas register. Upon receipt
 5  of bids or proposals, the committee may negotiate with one or
 6  more of the firms submitting bids or proposals and select from
 7  among those submitting such bids or proposals the party to con-
 8  tract with to provide the services or technical products.
 9    [(e)  Contracts entered into pursuant to this section shall not be
10  subject to the provisions of K.S.A. 75-3738 through 75-3740a and
11  amendments thereto. Meetings to conduct negotiations pursuant
12  to this section shall not be subject to the provisions of K.S.A. 75-
13  4317 through 75-4320a and amendments thereto. The director of
14  purchases shall submit a report at least once in each calendar quar-
15  ter to the legislative coordinating council and the chairpersons of
16  the senate committee on ways and means and the house of rep-
17  resentatives committee on appropriations of all contracts entered
18  into pursuant to this section. In the event that the negotiating com-
19  mittee selects a bid which is not the lowest bid on a given contract,
20  the directors report shall contain a rationale explaining why the
21  lowest bidder was not awarded the contract.
22    [(f)  Nothing in this section shall be construed as requiring ei-
23  ther negotiations pursuant to this section or bids pursuant to K.S.A.
24  75-3739 and amendments thereto for the procurement of profes-
25  sional services or services for which, in the judgment of the direc-
26  tor of purchases, meaningful specifications cannot be determined.
27    [(g)  The provisions of this section shall not apply to the awarding of
28  contracts for the providing of professional services as defined by new
29  section 9.
30    [Sec. 16.  K.S.A. 75-430a is hereby amended to read as follows:
31  75-430a. (a) Any state agency in the executive branch of state gov-
32  ernment authorized by law to negotiate for contracts for ancillary
33  technical services relating to construction or remodeling projects,
34  or architectural, engineering, actuarial, auditing or accounting services,
35  other than as an expert witness for the purposes of litigation, shall
36  publish a notice of the commencement of such negotiations in the
37  Kansas register at least 15 days prior to the commencement of such
38  negotiations. The director of purchases may require a state agency
39  to publish such a notice for any other contract that will be nego-
40  tiated.
41    [This subsection shall not apply to the acquisition of legal services
42  by any state agency in the executive branch, to emergency purchases
43  or services reported in accordance with K.S.A. 75-3739 and
SB 18--Am. by HCW
                                     

 1  amendments thereto or to the acquisition of any services by any
 2  state agency in the legislative or judicial branches of state govern-
 3  ment.
 4    [This subsection shall not apply to sales of property obtained
 5  pursuant to the federal property and administrative services act.
 6    [(b)  Any state agency authorized to negotiate the sale of any
 7  personal property of the state or a state agency, other than to an-
 8  other state agency, shall publish a notice of the commencement of
 9  such negotiations in the Kansas register at least 15 days prior to
10  the commencement of such negotiations.
11    [(c)  Any state agency authorized by law to enter into leases on
12  real property of the state or a state agency for the production of
13  oil, natural gas, sand, gravel or any other mineral, or combination
14  thereof, by competitive bids or other procedures as authorized by
15  law, shall publish a notice of intention to enter into a lease for such
16  mineral production in the Kansas register at least 30 days prior to
17  the bid opening or the commencement of such other procedure as
18  authorized by law.
19    [(d)  Any state agency authorized by law to lease or sell any real
20  property of the state or any state agency or any interest in such
21  real property, other than to another state agency or a political
22  subdivision, shall publish a notice of intention to lease or sell state
23  real property at least 30 days prior to commencement of bidding
24  or other procedure authorized by law.
25    [Sec. 17.  K.S.A. 75-1250 is hereby amended to read as follows:
26  75-1250. The legislature hereby declares it to be the policy of this
27  state to announce publicly all requirements for architectural serv-
28  ices, and to negotiate award contracts for architectural services on
29  the basis of demonstrated competence and qualification for the
30  type of professional services required and at fair and reasonable
31  prices.
32    [Sec. 18.  K.S.A. 1996 Supp. 75-1251 is hereby amended to
33  read as follows: 75-1251. As used in K.S.A. 75-1250 through 75-
34  1267, and amendments thereto, unless the context otherwise re-
35  quires:
36    [(a)  ``Firm'' means such individual, firm, partnership, corpo-
37  ration, association, or other legal entity which is: (1) permitted by
38  law to practice the profession of architecture; and (2) maintaining
39  an office in Kansas staffed by one or more architects who are li-
40  censed by the board of technical professions; or (3) not maintaining
41  an office in Kansas but which is qualified to perform special ar-
42  chitectural services that are required in special cases where in the
43  judgment of the secretary of administration it is necessary to go
SB 18--Am. by HCW
                                     

 1  outside the state to obtain such services.
 2    [(b)  ``Negotiating committee'' means a committee to negotiate as pro-
 3  vided in this act, and consisting of (1) the head of the state agency for
 4  which the proposed project is planned or of the state agency which con-
 5  trols and supervises the operation and management of the institution for
 6  which the proposed project is planned, if such is the case, or a person
 7  designated by the head of the agency, (2) the head of the institution for
 8  which the proposed project is planned, or a person designated by the
 9  head of the institution, and (3) the director of the division of architectural
10  services, or a person designated by the director, who shall act as chair-
11  person of the committee. When the proposed project is not planned for
12  an institution, the state agency head shall designate a second person in
13  lieu of the head of an institution.
14    [(c)  ``Architectural services'' means those services described in
15  subsection (e) of K.S.A. 74-7003 and amendments thereto.
16    [(d) (c)  ``Project architect'' means a firm employed under this
17  act for a particular project.
18    [(e) (d)  ``State building advisory commission'' means the state
19  building advisory commission created by K.S.A. 75-3780, and
20  amendments thereto, or any duly authorized officer or employee
21  of such commission.
22    [(f) (e)  ``State agency'' includes any state institution.
23    [Sec. 19.  K.S.A. 1996 Supp. 75-1253 is hereby amended to
24  read as follows: 75-1253. (a) Whenever it becomes necessary in the
25  judgment of the secretary of administration or in any case when the
26  total cost of a project for the construction of a building or for major
27  repairs or improvements to a building for a state agency is expected
28  to exceed $500,000, the secretary of administration shall convene a
29  negotiating committee. The state building advisory commission shall pre-
30  pare a list of at least three and not more than five firms which are, in the
31  opinion of the state building advisory commission, qualified to serve as
32  project architect for the project. Such list shall be submitted to the ne-
33  gotiating committee, without any recommendation of preference or other
34  recommendation. The secretary of administration shall meet with each
35  negotiating committee and shall advise the negotiating committee but
36  shall have no vote in the selection process or other matter upon which
37  the committee may vote notify the director of purchases that bids should
38  be solicited for the services of a project architect for such project.
39    [(b)  The secretary of administration may combine two or more
40  separate projects for the construction of buildings or for major
41  repairs or improvements to buildings for state agencies, for the
42  purpose of procuring architectural services for all such projects
43  from a single firm. In each case, the combined projects shall be
SB 18--Am. by HCW
                                     

 1  construed to be a single project for all purposes under the provi-
 2  sions of K.S.A. 75-1250 to 75-1267, inclusive, and amendments
 3  thereto.
 4    [(c) (1)  This section shall not apply to any repetitive project
 5  with a standard plan that was originally designed by the secretary
 6  of administration or an agency architect pursuant to paragraphs
 7    (2) and (3) of subsection (a) of K.S.A. 75-1254, and amendments
 8  thereto. In such a case, the secretary of administration or the
 9  agency architect may provide architectural services for the repet-
10  itive project. The repetitive design exception authorized by this
11  subsection shall not apply if the in-house architectural design sec-
12  tion of the division of architectural services has a staff of greater
13  than one chief architect and five designers.
14    [(2)  ``Repetitive project'' means a project which uses the same
15  standard design as was used for a project constructed previously,
16  including, but not limited to, sub-area shops and salt domes of the
17  department of transportation and showers and toilet buildings of
18  the department of wildlife and parks. The plans for the project
19  may be modified as required for current codes, operational needs
20  or cost control. The total floor area of the project may be increased
21  by an area of not more than 25% of the floor area of the originally
22  constructed project, except that not more than 25% of the linear
23  feet of the exterior and interior walls may be moved for such in-
24  crease. A project shall not be considered to be repetitive if it has
25  been over four years between the substantial completion of the
26  last project using the design plans and the appropriation of funds
27  for the proposed project.
28    [Sec. 20.  K.S.A. 75-1254 is hereby amended to read as follows:
29  75-1254. (a) Whenever a negotiating committee is not convened in
30  accordance with K.S.A. 75-1253 and amendments thereto contract for
31  architectural services is not proposed for a proposed any project for the
32  construction of a building or for major repairs or improvements
33  to a building for a state agency, the secretary of administration
34  shall:
35    [(1)  Conduct discussions with at least three firms regarding the pro-
36  posed project, determine the architectural services desired for such pro-
37  ject, and negotiate a contract with one of such firms as project architect
38  for the desired architectural services for all phases of the project which
39  are authorized by appropriations therefor at a rate of compensation not
40  in excess of those specified in K.S.A. 75-1263 and amendments thereto;
41    [(2)  undertake to provide all or part of the architectural services for
42  such project, including the construction administration services as de-
43  scribed in K.S.A. 75-1260 and amendments thereto; or
SB 18--Am. by HCW
                                     

 1    [(3)  designate a qualified employee of the state agency or in-
 2  stitution for which the project is being constructed, or of the state
 3  agency which controls and supervises the operation and manage-
 4  ment of such institution, to provide all or part of such services for
 5  the project; for the purposes of providing such architectural serv-
 6  ices, such employee shall be known as the agency architect for the
 7  project.
 8    [(b)  The employee of such agency designated as the agency
 9  architect for the project shall be a licensed architect under the
10  provisions of K.S.A. 74-7001 to 74-7035, inclusive, and amend-
11  ments thereto and shall be found by the secretary of administra-
12  tion to be qualified to perform all of the architectural services for
13  the particular project, including the construction administration
14  services as described in K.S.A. 75-1260 and amendments thereto.
15    [(c)  The secretary of administration or the agency architect for
16  the project, as the case may be, shall provide the preliminary de-
17  sign services, construction contract documents, bidding services
18  and construction administration services as described in K.S.A. 75-
19  1260 and amendments thereto for each phase of the project for
20  which no firm is employed as project architect.
21    [Sec. 21.  K.S.A. 75-1255 is hereby amended to read as follows:
22  75-1255. A written description of the scope or program of the pro-
23  ject shall be prepared by the head of the state agency for which
24  the project is proposed and submitted to the negotiating committee.
25  The negotiating committee may approve the description as submitted or
26  may revise and amend or reject all or any part of such description. The
27  description in the form approved by the negotiating committee shall be
28  used in the negotiations between the committee and qualified firms.
29  Such description shall be the basis for the project development and
30  the project description shall not be altered therefrom without the prior
31  approval of the negotiating committee.
32    [Sec. 22.  K.S.A. 1996 Supp. 75-1258 is hereby amended to
33  read as follows: 75-1258. (a) Each contract for architectural serv-
34  ices negotiated under K.S.A. 75-1254 or 75-1257, and amendments
35  thereto awarded, shall be entered into between the secretary of ad-
36  ministration and the firm selected as the project architect. Each
37  such contract shall require the project architect to submit evidence
38  which is satisfactory to the secretary of administration that the firm
39  has general professional liability insurance or specific professional
40  liability insurance which is adequate for the project.
41    [(b)  In addition to the requirements in subsection (a), each
42  such contract for architectural services shall specify the responsi-
43  bilities undertaken by the project architect and that the project
SB 18--Am. by HCW
                                     

 1  architect shall be responsible for all of such architect's negligent
 2  acts, errors or omissions in the performance of such contract.
 3    [Sec. 23.  K.S.A. 75-1265 is hereby amended to read as follows:
 4  75-1265. Whenever the negotiating committee and the secretary of
 5  administration, with the advice of the state building advisory com-
 6  mission, agree with regard to a specific project that the best inter-
 7  ests of the state would be served, the negotiating committee may enter
 8  into a contract with any qualified company or person for construc-
 9  tion management services for such project shall be awarded in con-
10  formance with guidelines established pursuant to rules and regulations
11  adopted by the board of directors of the Kansas development finance
12  authority and as provided in K.S.A. 74-8904 and new section 9, and
13  amendments thereto. Such services may include: Detail cost esti-
14  mating, critical path method scheduling and monitoring, drafting
15  contract documents for necessary phasing and grouping, drafting
16  contracts and change orders, full-time inspection and checking
17  and approving shop drawings, color schedules, and materials. The
18  fee for services under this section shall be negotiated by the negoti-
19  ating committee but shall not exceed one percent (1%) of the esti-
20  mated cost of the project, and such fees shall be in addition to fees
21  authorized under K.S.A. 75-1263, and amendments thereto.
22    [Sec. 24.  K.S.A. 1996 Supp. 40-3410 is hereby amended to
23  read as follows: 40-3410. When the insurer of a health care pro-
24  vider or inactive health care provider covered by the fund has
25  agreed to settle its liability on a claim against its insured or when
26  the self-insurer has agreed to settle liability on a claim and the
27  claimant's demand is in an amount in excess of such settlement, or
28  where a claim is against an inactive health care provider covered
29  by the fund who does not have liability insurance in effect which
30  is applicable to the claim, or where it would otherwise be in the
31  best interest of the fund, the claimant and the board of governors
32  may negotiate on an amount to be paid from the fund. The board
33  of governors may employ request that independent counsel be em-
34  ployed to represent the interest of the fund in any such negotia-
35  tions. All contracts for the providing of such services shall be awarded in
36  conformance with guidelines established pursuant to rules and regulations
37  adopted by the board of directors of the Kansas development finance
38  authority and as provided in K.S.A. 74-8904 and new section 9, and
39  amendments thereto.  In the event the claimant and the board of gov-
40  ernors agree upon an amount the following procedure shall be
41  followed:
42    [(a)  A petition shall be filed by the claimant with the court in
43  which the action is pending against the health care provider or the
SB 18--Am. by HCW
                                     

 1  inactive health care provider, or if none is pending, in a court of
 2  appropriate jurisdiction, for approval of the agreement between
 3  the claimant and the board of governors.
 4    [(b)  The court shall set such petition for hearing as soon as the
 5  court's calendar permits, and notice of the time, date and place of
 6  hearing shall be given to the claimant, the health care provider or
 7  inactive health care provider, and to the board of governors.
 8    [(c)  At such hearing the court shall approve the proposed set-
 9  tlement if the court finds it to be valid, just and equitable.
10    [(d)  In the event the settlement is not approved, the procedure
11  set forth in K.S.A. 40-3411 and amendments thereto shall be fol-
12  lowed.
13    [Sec. 25.  K.S.A. 1996 Supp. 40-3411 is hereby amended to
14  read as follows: 40-3411. (a) In any claim in which the insurer of a
15  health care provider or inactive health care provider covered by
16  the fund has agreed to settle its liability on a claim against its in-
17  sured or when the self-insurer has agreed to settle liability on a
18  claim and the claimant's demand is in an amount in excess of such
19  settlement, to which the board of governors does not agree, or
20  where the claim is against an inactive health care provider covered
21  by the fund who does not have liability insurance in effect which
22  is applicable to the claim and the claimant and board of governors
23  cannot agree upon a settlement, an action must be commenced by
24  the claimant against the health care provider or inactive health
25  care provider in a court of appropriate jurisdiction for such dam-
26  ages as are reasonable in the premises. If an action is already pend-
27  ing against the health care provider or inactive health care pro-
28  vider, the pending action shall be conducted in all respects as if
29  the insurer or self-insurer had not agreed to settle.
30    [(b)  Any such action against a health care provider covered by
31  the fund or inactive health care provider covered by the fund who
32  has liability insurance in effect which is applicable to the claim
33  shall be defended by the insurer or self-insurer in all respects as
34  if the insurer or self-insurer had not agreed to settle its liability.
35  Notwithstanding any other provision of law, the insurer or self-
36  insurer shall be reimbursed from the fund for the costs of such
37  defense incurred after the settlement agreement was reached, in-
38  cluding a reasonable attorney's fee not to exceed the maximum
39  hourly rate established by the board of governors. The board of
40  governors is authorized to employ may request that independent coun-
41  sel be employed in any such action against a health care provider
42  or an inactive health care provider covered by the fund. All con-
43  tracts for the providing of such services shall be awarded in conformance
SB 18--Am. by HCW
                                     

 1  with guidelines established pursuant to rules and regulations adopted by
 2  the board of directors of the Kansas development finance authority and
 3  as provided in K.S.A. 74-8904 and new section 9, and amendments
 4  thereto. If the primary carrier or self-insurer determines that the
 5  policy limits or the self-insured amount of basic coverage should
 6  be tendered to the fund in order to relieve itself of further costs
 7  of defense, it may do so in the manner specified by the board of
 8  governors. In the event of such a tender, the fund shall become
 9  responsible for the conduct of the defense. In the event of such a
10  tender, competitive bids shall not be required and the board of gover-
11  nors may directly employ the attorney retained by the primary car-
12  rier or self-insurer or appoint other counsel to represent such
13  health care provider. In any event, the board of governors shall
14  pay attorneys' fees at a rate not to exceed the maximum hourly
15  rate established by the board of governors. Under such circum-
16  stances, the fund shall have no liability for attorneys' fees to any
17  attorney not so appointed.
18    [(c)  In any such action the health care provider or the inactive
19  health care provider against whom claim is made shall be obligated
20  to attend hearings and trials, as necessary, and to give evidence.
21    [(d)  The costs of the action shall be assessed against the fund
22  if the recovery is in excess of the amount offered by the board of
23  governors to settle the case and against the claimant if the recovery
24  is less than such amount.
25    [Sec. 26.  K.S.A. 1996 Supp. 44-566a is hereby amended to
26  read as follows: 44-566a. (a) There is hereby created in the state
27  treasury the workers compensation fund. The commissioner of in-
28  surance shall be responsible for administering the workers com-
29  pensation fund, and all payments from the workers compensation
30  fund shall be upon warrants of the director of accounts and reports
31  issued pursuant to vouchers approved by the commissioner of in-
32  surance or a person or persons designated by the commissioner.
33  The commissioner of insurance annually shall report to the gov-
34  ernor and the legislature the receipts and disbursements from the
35  workers compensation fund during the preceding fiscal year.
36    [(b) (1)  On June 1 of each year, the commissioner of insurance
37  shall impose an assessment against all insurance carriers, self-in-
38  surers and group-funded workers compensation pools insuring the
39  payment of compensation under the workers compensation act,
40  and the same shall be due and payable to the commissioner on the
41  following July 1, the proceeds of which shall be credited to the
42  workers compensation fund. The total amount of each such as-
43  sessment shall be equal to an amount sufficient, in the opinion of
SB 18--Am. by HCW
                                     

 1  the commissioner of insurance, to pay all amounts, including at-
 2  torney fees and costs, which may be required to be paid from such
 3  fund during the current fiscal year, less the amount of the esti-
 4  mated unencumbered balance in the workers compensation fund
 5  as of the June 30 immediately preceding the date the assessment
 6  is due and payable under this section. The total amount of each
 7  such assessment shall be apportioned among those upon whom it
 8  is imposed, such that each is assessed an amount that bears the
 9  same relation to such total assessment as the amount of money paid
10  or payable in workers compensation claims by such insurance car-
11  rier, self-insurer or group-funded workers compensation pool in
12  the immediately preceding calendar year bears to all such claims
13  paid or payable during such calendar year. The commissioner of
14  insurance may establish experience-based rates of assessments un-
15  der this subsection and make adjustments in the assessments im-
16  posed under this subsection based on the success of accident pre-
17  vention programs under K.S.A. 44-5,104 and amendments thereto
18  and other employer safety programs.
19    [(2)  The commissioner of insurance shall remit all moneys re-
20  ceived by or for such commissioner under this subsection to the
21  state treasurer. Upon receipt of any such remittance the state
22  treasurer shall deposit the entire amount thereof in the state treas-
23  ury to the credit of the workers compensation fund.
24    [(c) (1)  Whenever the workers compensation fund may be
25  made liable for the payment of any amounts in proceedings under
26  the workers compensation act, the commissioner of insurance, in
27  the capacity of administrator of such fund, shall be impleaded in
28  such proceedings and shall represent and defend the workers com-
29  pensation fund. The commissioner of insurance shall be deemed
30  impleaded in any such proceedings whenever written notice of the
31  proceedings setting forth the nature of the liability asserted
32  against the workers compensation fund, is given to the commis-
33  sioner of insurance. The commissioner of insurance may be made
34  a party in this manner by any party to the proceedings. A copy of
35  the written notice shall be given to the director and to all other
36  parties to the proceedings.
37    [(2)  The administrative law judge shall dismiss the workers
38  compensation fund from any proceeding where the administrative
39  law judge has determined that there is insufficient evidence to
40  indicate involvement by the workers compensation fund.
41    [(3)  In any case in which the workers compensation fund has
42  been impleaded, if the liability of the fund has not been established
43  within five years of the date of the employee filing a written notice
SB 18--Am. by HCW
                                     

 1  of claim, the commissioner of insurance may cause to be filed with
 2  an administrative law judge a motion to dismiss the fund from the
 3  case. The administrative law judge shall notify counsel of record
 4  not less than 10 days prior to issuing any order dismissing the fund
 5  from a case. The administrative law judge shall dismiss the fund
 6  from any such case absent a showing by one of the parties that the
 7  case should be left open due to medical necessity or other just
 8  cause.
 9    [(d)  The commissioner of insurance, in the capacity of admin-
10  istrator of the workers compensation fund, may make settlements
11  of any amounts which may be payable from the workers compen-
12  sation fund with regard to any claim under the workers compen-
13  sation act, subject to the approval of the director.
14    [(e)  The workers compensation fund shall be liable for:
15    [(1)  Payment of awards to handicapped employees in accor-
16  dance with the provisions of K.S.A. 44-569 and amendments
17  thereto for claims arising prior to July 1, 1994;
18    [(2)  payment of workers compensation benefits to an employee
19  who is unable to receive such benefits from such employee's em-
20  ployer under the conditions prescribed by K.S.A. 44-532a and
21  amendments thereto;
22    [(3)  reimbursement of an employer or insurance carrier pur-
23  suant to the provisions of K.S.A. 44-534a and amendments thereto,
24  subsection (d) of K.S.A. 44-556 and amendments thereto, subsec-
25  tion (c) of K.S.A. 44-569 and amendments thereto and K.S.A. 44-
26  569a and amendments thereto;
27    [(4)  payment of the actual expenses of the commissioner of in-
28  surance which are incurred for administering the workers com-
29  pensation fund, subject to the provisions of appropriations acts;
30  and
31    [(5)  any other payments or disbursements provided by law.
32    [(f)  If it is determined that the workers compensation fund is
33  not liable as described in subsection (e), attorney fees incurred by
34  the workers compensation fund may be assessed against the party
35  who has impleaded the workers compensation fund other than im-
36  pleadings pursuant to K.S.A. 44-532a and amendments thereto.
37    [(g)  The commissioner of insurance shall provide for the im-
38  plementation of the workers compensation fund as provided in this
39  section and shall be responsible for ensuring the fund's adequacy
40  to meet and pay claims awarded against it.
41    [(h)  All contracts to provide any legal services for the commissioner
42  of insurance in the administration of the workers compensation fund shall
43  be submitted to competitive bid and the contract shall be awarded in
SB 18--Am. by HCW
                                     

 1  conformance with guidelines established pursuant to rules and regulations
 2  adopted by the board of directors of the Kansas development finance
 3  authority and as provided in K.S.A. 74-8904 and new section 9, and
 4  amendments thereto.
 5    [Sec. 27.  K.S.A. 59-2006 is hereby amended to read as follows:
 6  59-2006. (a) A person's spouse and the parents of a person who is
 7  a minor shall be bound by law to support the person if the person
 8  is committed to, admitted to, transferred to or received as a patient
 9  at a state institution. Payment for the maintenance, care and treat-
10  ment of any patient in a state institution irrespective of the manner
11  of such patient's admission shall be paid by the patient, by the
12  conservator of such patient's estate or by any person bound by law
13  to support such patient. The secretary of social and rehabilitation
14  services may recover the basic maximum charge established as
15  provided for in subsection (a) of K.S.A. 59-2006b and amendments
16  thereto, or the actual per patient costs established as provided in
17  subsection (b) of K.S.A. 59-2006b and amendments thereto, as
18  compensation for the maintenance, care and treatment of a patient
19  from such patient when no legal disability exists, or from the estate
20  of such patient or from any person bound by law to support such
21  patient.
22    [(b)  The secretary of social and rehabilitation services shall pe-
23  riodically and not less than once during each fiscal year make writ-
24  ten demand upon the patient or person liable for the amount
25  claimed by the secretary to have accrued since the last demand
26  was made, and no action shall be commenced by the secretary
27  against such patient or such patient's responsible relatives for the
28  recovery thereof unless such action is commenced within three
29  years after the date of such written demand. When any part of the
30  amount claimed to be due has been paid or any acknowledgment
31  of an existing liability, debt or claim, or any promise to pay the
32  same has been made by the obligor, an action may be brought in
33  such case within three years after such payment, acknowledgment
34  or promise, but such acknowledgment or promise must be in writ-
35  ing signed by the party to be charged thereby. If there are two or
36  more joint debtors, no one of whom is entitled to act as the agent
37  of the others, no such joint debtor shall lose the benefit of the
38  statute of limitations so as to be chargeable by reason of any ack-
39  nowledgment, promise or payment made by any other or others
40  of them, unless done with the knowledge and consent of, or ratified
41  by, the joint debtor sought to be charged. The secretary may ac-
42  cept voluntary payments from patients or relatives or from any
43  source, even though the payments are in excess of required
SB 18--Am. by HCW
                                     

 1  amounts and shall deposit the same as provided by law.
 2    [(c)  The secretary of social and rehabilitation services shall
 3  have the power to compromise and settle any claim due or claimed
 4  to be due from such patient or such patient's relatives who are
 5  liable for the patient's care, maintenance and treatment and upon
 6  payment of a valuable consideration by the patient or the persons
 7  bound by law to support such patient, may discharge and release
 8  the patient or relative of any or all past liability herein. Whenever
 9  the secretary shall negotiate a compromise agreement to settle any
10  claim due or claimed to be due from a patient or such patient's
11  relatives responsible under this act to support the patient, no ac-
12  tion shall thereafter be brought or claim made for any amounts
13  due for the care, maintenance and treatment of such patient in-
14  curred prior to the effective date of the agreement entered into,
15  except for the amounts provided for in the agreement if the pro-
16  visions of such compromise agreement are faithfully performed.
17  In the event the terms and conditions of such compromise agree-
18  ment are not complied with, such failure to comply shall serve to
19  revive and reinstate the original amount of the claim due before
20  negotiation of such compromise agreement, less amounts paid on
21  the claim.
22    [(d)  The secretary of social and rehabilitation services may re-
23  quest that a contract be entered into with an attorney admitted to
24  practice in this state or with any debt collection agency doing busi-
25  ness within or without this state to assist in the collection of
26  amounts claimed to be due under the provisions of this section.
27  The fee for services of such attorney or debt collection agency shall
28  be based on the amount of moneys actually collected. No fee shall
29  be in excess of 50% of the total amount of moneys actually col-
30  lected. All funds collected less the fee for services as provided in
31  the contract shall be remitted to the secretary of social and reha-
32  bilitation services within 45 days from the date of collection.
33    [Contracts entered pursuant to this section, except as otherwise
34  provided with regards to a contract with an attorney, may be negotiated
35  by the secretary of social and rehabilitation services and shall not
36  be subject to the competitive bid requirements of K.S.A. 75-3739
37  through 75-3741 and amendments thereto. Subject to the provisions
38  limiting the fee for services, each contract with an attorney under this
39  section shall be entered into pursuant to competitive bids and the contract
40  shall be awarded in conformance with guidelines established pursuant to
41  rules and regulations adopted by the board of directors of the Kansas
42  development finance authority and as provided in K.S.A. 74-8904 and
43  new section 9, and amendments thereto.
SB 18--Am. by HCW
                                     

 1    [(e)  Before entering into a contract with a debt collection
 2  agency under subsection (d), the secretary of social and rehabili-
 3  tation services shall require a bond from the debt collection agency
 4  in an amount not in excess of $100,000 guaranteeing compliance
 5  with the terms of the contract.
 6    [(f)  A debt collection agency entering into a contract with the
 7  secretary of social and rehabilitation services for the collection of
 8  amounts claimed to be due under this section shall agree that it is
 9  receiving income from sources within the state or doing business
10  in the state for purposes of the Kansas income tax act.
11    [(g)  As used in this section, ``state institution'' has the meaning
12  provided by K.S.A. 59-2006b and amendments thereto.
13    [(h)  When a minor becomes a patient of a state institution, an
14  assignment of all past, present and future support rights of the
15  minor which are possessed by either parent or any other person
16  entitled to receive support payments for the minor is conveyed by
17  operation of law to the secretary of social and rehabilitation serv-
18  ices. The assignment of support rights shall be effective upon the
19  minor's admission as a patient of any state institution, regardless
20  of the manner of admission, without the requirement that any writ-
21  ten assignment or similar document be signed by the parent or
22  other person entitled to receive support payments for the minor.
23  When a minor becomes a patient of a state institution, the parent
24  or other person entitled to receive support payments for the minor
25  is also deemed to have appointed the secretary of social and re-
26  habilitation services or the secretary's designee, as attorney in fact
27  to perform the specific act of negotiating and endorsing all drafts,
28  checks, money orders or other negotiable instruments represent-
29  ing support payments on behalf of the minor. This limited power
30  of attorney shall remain in effect until the assignment of support
31  rights has been terminated in full. For any minor who is a patient
32  of a state institution on the effective date of this act and whose
33  past, present and future support rights are not assigned to the
34  secretary of social and rehabilitation services, the assignment of
35  support rights and limited power of attorney shall be effective on
36  the effective date of this act if notice of the assignment is sent to
37  the person otherwise entitled to receive support payments for the
38  minor.
39    [The assignment of support rights provided in this section shall
40  remain in full force and effect until the minor is no longer a patient
41  of a state institution. When the minor is no longer a patient of a
42  state institution, the assignment shall remain in effect as to unpaid
43  support obligations due and owing as of the last day of the month
SB 18--Am. by HCW
                                     

 1  in which the minor ceases to be a patient, until the claim of the
 2  secretary of social and rehabilitation services for the maintenance,
 3  care and treatment of the minor is satisfied. Nothing in this section
 4  shall affect or limit the rights of the secretary of social and reha-
 5  bilitation services under any assignment pursuant to K.S.A. 39-709
 6  and amendments thereto.
 7    [Sec. 28.  K.S.A. 66-1513 is hereby amended to read as follows:
 8  66-1513. (a) In accordance with the provisions of subsection (b),
 9  the state corporation commission is hereby authorized to contract
10  for professional services, including but not limited to the services
11  of engineers, accountants, attorneys and economists, to assist in
12  investigations and appraisals under K.S.A. 66-1502, and amend-
13  ments thereto, which assistance may include preparation and pres-
14  entation of expert testimony, when the expenses of such profes-
15  sional services are required to be assessed under that statute
16  against the public utilities involved.
17    [(b)  Such contracts shall be negotiated by a negotiating committee
18  composed of the following persons: The general counsel of the state cor-
19  poration commission or the designee of the general counsel; the director
20  of the budget or the designee of the director; the director of accounts
21  and reports or the designee of the director; and the director of the ap-
22  propriate division of the state corporation commission, as determined and
23  designated by the chairperson of the state corporation commission, or the
24  designee of the director. When a contract authorized under subsection
25    (a) is proposed to be entered into, the general counsel of the state cor-
26  poration commission or the designee of the general counsel shall convene
27  the negotiating committee. The negotiating committee shall consider all
28  proposals by persons applying to perform such contract and shall award
29  the contract. All contracts for the providing of professional services, as
30  defined by section 9, shall be submitted to competitive bid and the contract
31  shall be awarded in conformance with guidelines established pursuant to
32  rules and regulations adopted by the board of directors of the Kansas
33  development finance authority and as provided in K.S.A. 74-8904 and
34  new section 9, and amendments thereto.
35    [(c)  Except as otherwise provided in subsection (b), such contracts
36  shall not be subject to the provisions of K.S.A. 75-3739, and amend-
37  ments thereto, or to the provisions of the acts contained in article
38  58 of chapter 75 of the Kansas Statutes Annotated.
39    [(d)  As used in this section, ``person'' means an individual, firm,
40  partnership, corporation, association or other legal entity.
41    [Sec. 29.  K.S.A. 75-5310a is hereby amended to read as fol-
42  lows: 75-5310a. The secretary of social and rehabilitation services
43  is hereby authorized to contract for the services of persons to assist
SB 18--Am. by HCW
                                     

 1  in the preparation of expert testimony for litigation and to act as
 2  expert witnesses in litigation. Any such contracts, other than con-
 3  tracts for professional services as defined by section 9, shall be exempt
 4  from the competitive bid requirements of K.S.A. 75-3739, and
 5  amendments thereto. All contracts for the providing of professional
 6  services, as defined by section 9, shall be submitted to competitive bids
 7  and the contract shall be awarded in conformance with guidelines estab-
 8  lished pursuant to rules and regulations adopted by the board of directors
 9  of the Kansas development finance authority and as provided in K.S.A.
10  74-8904 and new section 9, and amendments thereto.
11    [Sec. 30.  K.S.A. 1996 Supp. 76-745 is hereby amended to read
12  as follows: 76-745. (a) As used in this section ``negotiating commit-
13  tee'' means a committee to negotiate as provided in this act, and
14  consisting of the executive officer of the state board of regents or
15  a person designated by the executive officer, two representatives
16  of the state educational institutions as designated by the state
17  board of regents and the director of purchases or a person desig-
18  nated by the director of purchases, except that for collection serv-
19  ices for hospital revenue collection for the university of Kansas
20  medical center, the negotiating committee shall consist of the
21  chairperson of the state board of regents or a person designated
22  by the chairperson, the attorney general or a person designated
23  by the attorney general, and the chancellor of the university of
24  Kansas or a person designated by the chancellor.
25    [(b)  The state board of regents shall convene a negotiating
26  committee to obtain collection services. The negotiating commit-
27  tee is authorized to negotiate contracts with one or more qualified
28  parties to provide collection services for the state educational in-
29  stitutions and such contracts may be entered on a multi-year basis,
30  except in the case of collection services for hospital revenue col-
31  lection for the university of Kansas medical center, each contract
32  for such collection services shall be negotiated on the basis of cri-
33  teria prescribed by the university of Kansas medical center and
34  shall be entered into by the university of Kansas medical center
35  and one or more qualified parties.
36    [(c)  Prior to negotiating for collection services, the committee
37  shall advertise for proposals, negotiate with firms submitting pro-
38  posals and select among those submitting such proposals the party
39  or parties to contract with for the purposes of collection services.
40    [(d)  Except as otherwise provided in subsection (e), contracts en-
41  tered into pursuant to this section shall not be subject to the pro-
42  visions of K.S.A. 75-3738 to 75-3740a, inclusive, and amendments
43  thereto.
SB 18--Am. by HCW
                                     

 1    [(e)  All contracts for the providing of professional services, as defined
 2  by section 9, shall be submitted to competitive bid and the contract
 3  awarded in conformance with guidelines established pursuant to rules and
 4  regulations adopted by the board of directors of the Kansas development
 5  finance authority and as provided in K.S.A. 74-8904 and new section 9,
 6  and amendments thereto.
 7    [Sec. 31.  K.S.A. 75-5801 is hereby amended to read as follows:
 8  75-5801. The legislature hereby declares it to be the policy of this
 9  state to publicly announce all requirements for engineering serv-
10  ices, and to negotiate award contracts for engineering services on
11  the basis of demonstrated competence and qualification for the
12  type of professional services required and at fair and reasonable
13  fees.
14    [Sec. 32.  K.S.A. 1996 Supp. 75-5802 is hereby amended to
15  read as follows: 75-5802. As used in this act unless the context
16  specifically requires otherwise:
17    [(a)  ``Firm'' means any individual, firm, partnership, corpora-
18  tion, association, or other legal entity permitted by law to practice
19  the profession of engineering and provide engineering services or
20  practice the profession of land surveying and provide land survey-
21  ing services.
22    [(b)  ``Engineering services'' means those services described in
23  subsection (i) of K.S.A. 74-7003 and amendments thereto.
24    [(c)  ``Land surveying'' means those services described in sub-
25  section (j) of K.S.A. 74-7003, and amendments thereto.
26    [(d)  ``Agency head'' means the chief administrative officer of a
27  state agency, as that term is defined in subsection (3) of K.S.A. 75-
28  3701 and amendments thereto, but shall not include the chief ad-
29  ministrative officer of any state institution.
30    [(e)  ``Negotiating committee'' means a committee designated to ne-
31  gotiate as provided in this act, and consisting of (1) the agency head of
32  the state agency for which the proposed project is planned, or a person
33  designated by such agency head, (2) the secretary of administration, or a
34  person designated by said secretary, and (3) the chief administrative of-
35  ficer of the state institution for which the proposed project is planned, or
36  when the proposed project is not planned for a state institution, the
37  agency head shall designate a second person in lieu of the chief admin-
38  istrative officer of a state institution.
39    [(f)  ``Project'' means any capital improvement project or any
40  study, plan, survey or program activity of a state agency, including
41  development of new or existing programs and preparation of fed-
42  eral grant applications.
43    [(g) (f)  ``State building advisory commission'' means the state
SB 18--Am. by HCW
                                     

 1  building advisory commission created by K.S.A. 75-3780 and
 2  amendments thereto, or any duly authorized officer or employee
 3  of such commission.
 4    [Sec. 33.  K.S.A. 1996 Supp. 75-5803 is hereby amended to
 5  read as follows: 75-5803. (a) In the procurement of engineering or
 6  land surveying services, each agency head which utilizes engi-
 7  neering or land surveying services shall encourage firms engaged
 8  in the lawful practice of their profession to annually submit a state-
 9  ment of qualifications and performance data to the agency head
10  and to the state building advisory commission. The agency head
11  shall thereafter cause to be prepared annually a list of firms qual-
12  ified, based upon criteria established and published by such
13  agency head, to provide such engineering or land surveying serv-
14  ices.
15    [(b)  Except as otherwise provided in subsection (c), when a project
16  requiring engineering or land surveying services is proposed for a state
17  agency, the agency head for such state agency shall evaluate current state-
18  ments of qualifications and performance data on file with the agency
19  head, together with those that may be submitted by other firms regarding
20  the proposed project. The agency head may establish time frames for the
21  receipt of qualifications statements and performance data from any firm
22  wishing to be considered for the proposed project. The agency head shall
23  conduct discussions with not less than three firms regarding anticipated
24  concepts and the relative utility of alternative methods of approach for
25  furnishing the required engineering or land surveying services and then
26  such agency head shall select from among all such firms, on a rotational
27  basis, the firm to perform the engineering or land surveying services,
28  unless such firm refuses to provide such engineering or land surveying
29  services.
30    [(c) (b)  In any case where a project requiring engineering or
31  land surveying services is proposed which concerns the construc-
32  tion of any building or facility or any major repairs or improve-
33  ments to any building or facility, including in any case but not
34  limited to any heating, cooling or power facility, for a state agency
35  and a negotiating committee is not convened under K.S.A. 75-5804 and
36  amendments thereto, the agency head of the state agency shall notify
37  the state building advisory commission and shall request a list of director
38  of purchases that it is the desire of the agency that contracts be entered
39  into with firms qualified to provide the engineering or land sur-
40  veying services for such project. Upon receipt of any such request,
41  the state building advisory commission shall evaluate the current state-
42  ments of qualifications and performance data on file, together with those
43  statements that may be submitted by other firms, regarding the proposed
SB 18--Am. by HCW
                                     

 1  project and other information developed and available to the state build-
 2  ing advisory commission, and shall prepare a list of at least three and not
 3  more than five firms which, in the opinion of the state building advisory
 4  commission, are qualified to furnish the engineering or land surveying
 5  services for the proposed project. Each such list shall be submitted to the
 6  agency head without any recommendation of preference or other rec-
 7  ommendation. The agency head shall conduct discussions with the firms
 8  listed and shall select the firm to perform the engineering or land sur-
 9  veying services, all in the manner provided in subsection (b). If the agency
10  head is unable to enter into a contract for the necessary engineering or
11  land surveying services with any firm so listed, the agency head shall
12  request the state building advisory commission to prepare and submit
13  another list of firms qualified to provide such engineering or land sur-
14  veying services and shall proceed in accordance with this subsection. The
15  secretary of administration shall provide to the agency head such infor-
16  mation, advice and assistance as may be requested by the agency head
17  regarding the selection of a firm to provide engineering or land surveying
18  services for such projects, including all information and evaluations re-
19  garding the listed firms gathered and developed under K.S.A. 75-3783,
20  and amendments thereto.
21    [Sec. 34.  K.S.A. 1996 Supp. 75-5804 is hereby amended to
22  read as follows: 75-5804. (a) Whenever it becomes necessary in the
23  judgment of the agency head of a state agency for which a project
24  is proposed and, in any case where the total cost of such a proposed
25  project is expected to exceed $250,000, the agency head shall convene
26  a negotiating committee. Except as otherwise provided in subsection (b),
27  the agency head shall submit the list of at least three and not more than
28  five of the most highly qualified firms to the negotiating committee so
29  convened, without any recommendation of preference or other recom-
30  mendation.
31    [(b)  Whenever a negotiating committee is convened under this sec-
32  tion for a proposed project requiring engineering or land surveying serv-
33  ices which concerns the construction of any building or facility or any
34  major repairs or improvements to any building or facility, including but
35  not limited, to any heating, cooling or power facility, for a state agency,
36  the agency head for the state agency shall notify the state building advisory
37  commission of the project and shall request a list of firms qualified to
38  provide notify the director of purchases that it is the desire of the agency
39  that a contract be awarded for the purpose of providing the engineering
40  or land surveying services for the proposed project. Upon receipt
41  of any such request the state building advisory commission shall evaluate
42  the current statements of qualifications and performance data on file,
43  together with those statements that may be submitted by other firms
SB 18--Am. by HCW
                                     

 1  regarding the proposed project and other information developed and
 2  available to the state building advisory commission. The commission shall
 3  prepare a list of at least three and not more than five firms which, in the
 4  opinion of the state building advisory commission, are qualified to furnish
 5  the engineering or land surveying services for the proposed project. Each
 6  such list shall be submitted to the negotiating committee so convened
 7  without any recommendation of preference or other recommendation.
 8    [Sec. 35.  K.S.A. 1996 Supp. 10-106 is hereby amended to read
 9  as follows: 10-106. (a) Municipal bonds shall be sold at public sale
10  as follows:  The officers having charge of the sale of the bonds shall
11  publish a notice of the sale one time in a newspaper having general
12  circulation in the county where the bonds are issued and in the
13  Kansas register. Such notices shall be published not less than six
14  days nor more than 30 days before the sale and shall contain the
15  following information: (1) Except as provided by subsection (b), The
16  date, time and place at which a public auction will be held or at which
17  written sealed bids will be received and considered for the sale of
18  the bonds for cash at such price as the municipality may accept;
19    (2) the date of issue, total par value and denomination of the bonds
20  being sold; (3) the dates and amounts of maturities of the bond
21  issues; (4) the dates on which interest on the bonds shall become
22  due and payable; (5) the place or places where and the approxi-
23  mate date on which the bonds being sold will be delivered to the
24  purchaser; (6) a statement that a good faith deposit in the form of
25  a certified or cashier's check or surety bond in the amount of 2%
26  of the total par value of the bonds being sold shall accompany each
27  bid or in the case of public sale at auction the same shall be fur-
28  nished by each bidder; (7) a statement disclosing whether or not
29  the purchaser of the bonds will be required to pay for the printing
30  thereof and whether or not and to what extent the purchaser of
31  the bonds will be required to pay the expense of legal services
32  rendered to the municipality in connection with the issuance of
33  the bonds including the fees of recognized bond counsel for an
34  opinion as to legality of issuance; (8) the assessed valuation of the
35  municipality; and (9) the total bonded indebtedness of the munic-
36  ipality as of the date on which the bonds being sold are dated
37  including the bonds submitted for bid. The rate of interest may be
38  omitted in advertising and the bidders requested to specify the
39  lowest interest rate or rates on the bonds at which they will pay
40  the purchase price.
41    [If All municipal bonds shall be sold at public sale with sealed bids,.
42  All purchasers shall submit their bids in writing, sealed, for all or
43  any part of the bonds, and each bid shall be accompanied by a
SB 18--Am. by HCW
                                     

 1  certified or cashier's check or surety bond for 2% of the total
 2  amount of the bid. In case any purchaser, whose bid is accepted,
 3  fails to carry out the contract, the deposit shall be forfeited to the
 4  municipality issuing the bonds. Sealed bids shall be opened pub-
 5  licly and only at the time and place specified in the notice. At the
 6  time and place specified, the bonds shall be sold to the highest and
 7  best bidder or bidders, and the bonds may be allotted among the
 8  bidders, however, any or all bids may be rejected. No contract for
 9  the sale of the bonds shall be made except on bids submitted as
10  provided in this section. No bonds shall be delivered to any pur-
11  chaser until the amount of the bid is placed in the hands of the
12  officer in charge of the sale. The provisions of this section relating
13  to the public sale of bonds shall not apply to bonds secured solely
14  and only by revenues, bonds sold, pursuant to written agreement,
15  to the government of the United States of America or any bureau,
16  department, instrumentality or agency thereof, bonds issued pur-
17  suant to K.S.A. 10-427 et seq., and amendments thereto, and all bonds of
18  the same series or which are issued simultaneously with such bonds and
19  bond sales where the total amount of the issue does not exceed $100,000.
20  In such cases, the bonds may be sold at public or private sale as
21  the officers having charge of the sale of such bonds determine.
22  The practice of providing more than one issue within a twelve-
23  month period for any one project is prohibited unless the project
24  engineer or architect certifies that it is necessary to do so for the
25  orderly construction progress of the project.
26    [(b)  As an alternative to providing notice of the date, time and place
27  of public auction or receipt of bids provided by subsection (a)(1), the
28  officers having charge of a bond sale may establish a time period of not
29  less than seven nor more than 30 days during which such bonds would
30  be sold. Notice of such sale period shall be published one time in a news-
31  paper having general circulation in the county where the bonds are issued
32  and in the Kansas register and shall be published not less than six days
33  nor more than 30 days before the beginning date of the sale period. The
34  notice shall contain the information specified in subsection (a) except that
35  in place of the time and date of sale, the notice shall specify the time
36  period during which the bonds would be sold and the manner in which
37  persons interested in submitting a bid may register for notice of the bond
38  sale. At least three business days prior to the time and date of the bond
39  sale, the officers having charge of the sale shall give notice to all persons
40  having registered for notice of the bond sale, and bids shall be submitted
41  and received and the sale made in the manner provided in subsection (a).
42    [Sec. 36.  K.S.A. 10-116a is hereby amended to read as follows:
43  10-116a. Any municipal or quasi-municipal corporation which has
SB 18--Am. by HCW
                                     

 1  issued or may hereafter issue revenue bonds under the laws of the
 2  state of Kansas, may issue, without an election, revenue bonds pur-
 3  suant to the provisions of this section to refund any revenue bond
 4  issue or issues, or part thereof, any interest on such bonds or both
 5  such bonds and interest. The principal amount of any issue of re-
 6  funding revenue bonds shall not exceed the aggregate amount of:
 7    (a) The principal amount of the revenue bonds or interest being
 8  refunded; (b) the amount of any interest which has accrued
 9  thereon or interest that will accrue to the date of payment of the
10  bonds being refunded; (c) the amount of any premium required to
11  be paid should the bonds be called for redemption and payment;
12    (d) expenses of the municipal or quasi-municipal corporation
13  deemed by the governing body to be necessary for the issuance of
14  the refunding bonds; and (e) expenses incident to the payment of
15  the bonds being refunded. The refunding revenue bonds may be
16  sold or exchanged for the bonds being refunded either as a whole or
17  in installments at any time or times, either at, before, or after the
18  maturity of the bonds being refunded. All such bonds shall be sold at
19  public sale upon the basis of competitive bids. Notice of such sale and the
20  conditions and procedures for the receipt and acceptance of bids, shall be
21  made in the manner prescribed for the sale of municipal bonds pursuant
22  to K.S.A. 10-106, and amendments thereto, insofar as the same is appli-
23  cable. If the refunding revenue bonds are sold more than six
24  months prior to the maturity or earliest prior redemption date of
25  the bonds being refunded, the proceeds derived from the sale,
26  together with any other moneys on hand, shall be placed in escrow
27  under a trust agreement with a Kansas bank having full trust pow-
28  ers. The proceeds and moneys shall be invested in direct obliga-
29  tions of, or obligations the principal of and the interest on which
30  are unconditionally guaranteed by, the United States of America
31  or municipal obligations which are secured by direct obligations
32  of the United States of America, and which shall mature or be
33  subject to redemption by the holders thereof not later than the
34  respective dates when the proceeds of the obligations together
35  with the interest accruing thereon and any other moneys or in-
36  vestments held in escrow will be required for the purposes in-
37  tended. The trust agreement shall pledge or assign the moneys and
38  investments held in trust for the payment of the principal of the
39  revenue bonds being refunded and may pledge or assign the mon-
40  eys and investments held in trust for the payment of the interest
41  on the revenue bonds being refunded and any redemption pre-
42  mium thereon. The trust agreement may pledge or assign any of
43  the obligations or other moneys or investments, or interest accru-
SB 18--Am. by HCW
                                     

 1  ing thereon, held in trust, which are in excess of the amount of the
 2  obligations and other moneys and investments held which is equal
 3  to the amount of the principal of the bonds to be refunded which
 4  comes due on the date for which the bonds may have been called
 5  for redemption or irrevocable instructions to call bonds for re-
 6  demption have been given and any redemption premium thereon,
 7  for the payment of the principal of and interest on any or all of the
 8  refunding revenue bonds and any redemption premium thereon,
 9  and shall contain provisions for protecting and enforcing the rights
10  and remedies of the holders of the revenue bonds. The refunding
11  revenue bonds issued pursuant to this section shall not be general
12  obligations of the municipal or quasi-municipal corporation, ex-
13  cept as herein provided, and insofar as the same may be made
14  applicable the issuance of the refunding revenue bonds, the se-
15  curity thereof, and the rights, duties and obligations of the munic-
16  ipal or quasi-municipal corporation in respect thereof, shall be
17  governed by the laws governing such matters with respect to the
18  bonds being refunded and all other laws generally applicable to
19  revenue bonds issued in this state by the municipal or quasi-mu-
20  nicipal corporation.
21    [Sec. 37.  K.S.A. 10-427a is hereby amended to read as follows:
22  10-427a. (a) Refunding bonds issued under the authority of K.S.A.
23  10-427, and amendments thereto, may be sold or exchanged for the
24  bonds being refunded either as a whole or in installments at any time
25  either at, before or after the maturity of the bonds being refunded.
26  All such bonds shall be sold at public sale upon the basis of competitive
27  bids. Notice of such sale and the conditions and procedures for the receipt
28  and acceptance of bids shall be made in the manner prescribed for the
29  sale of municipal bonds pursuant to K.S.A. 10-106, and amendments
30  thereto, insofar as the same is applicable. Such bonds shall be exempt
31  from statutory limitations of bonded indebtedness and shall not be
32  included in computing the total bonded indebtedness of the mu-
33  nicipality for the purpose of applying any statute limiting the
34  bonded indebtedness of the municipality.
35    [(b)  If refunding bonds are sold more than six months prior to
36  the maturity or earliest prior redemption date of the bonds being
37  refunded, the proceeds derived from the sale, together with any
38  other moneys on hand, shall be placed in escrow under a trust
39  agreement with a Kansas bank having full trust powers. The pro-
40  ceeds and moneys shall be invested in direct obligations of, or ob-
41  ligations the principal of and the interest on which are uncondi-
42  tionally guaranteed by, the United States of America or municipal
43  obligations which are secured by direct obligations of the United
SB 18--Am. by HCW
                                     

 1  States of America, and which shall mature or be subject to re-
 2  demption by the holders thereof not later than the respective dates
 3  when the proceeds of the obligations together with the interest
 4  accruing thereon and any other moneys or investments held in
 5  escrow will be required for the purposes intended. The trust
 6  agreement shall pledge or assign the moneys and investments held
 7  in trust for the payment of the principal of the bonds being re-
 8  funded and may pledge or assign the moneys and investments held
 9  in trust for the payment of the interest on the bonds being re-
10  funded and any redemption premium thereon. The trust agree-
11  ment may pledge or assign any of the obligations or other moneys
12  or investments, or interest accruing thereon, held in trust, which
13  are in excess of the amount of the obligations and other moneys
14  and investments held which is equal to the amount of the principal
15  of the bonds to be refunded which comes due on the date for which
16  the bonds may have been called for redemption or irrevocable
17  instructions to call bonds for redemption have been given and any
18  redemption premium thereon, for the payment of the principal of
19  and interest on any or all of the refunding bonds and any redemp-
20  tion premium thereon, and shall contain provisions for protecting
21  and enforcing the rights and remedies of the holders of the bonds.
22    [Sec. 38.  K.S.A. 10-1202 is hereby amended to read as follows:
23  10-1202. (a) Any municipality authorized by the laws of the state
24  of Kansas to issue general obligation bonds for the acquisition,
25  construction, reconstruction, alteration, repair, improvement, ex-
26  tension or enlargement of any utility is hereby empowered to issue
27  and sell revenue bonds in payment of the cost of such utility or
28  improvements, to fix by ordinance or resolution such rates, fees
29  and charges for the use thereof or services therefrom as may be
30  reasonable and necessary and to provide for the manner of col-
31  lecting and disbursing such revenues subject to the limitations
32  hereinafter contained. All such bonds shall be sold at public sale upon
33  the basis of competitive bids. Notice of such sale and the conditions and
34  procedures for the receipt and acceptance of bids shall be made in the
35  manner prescribed for the sale of municipal bonds pursuant to K.S.A. 10-
36  106, and amendments thereto, insofar as the same is applicable. If any
37  city of the first class shall have issued temporary notes for water-
38  works improvements contemplating the issuance of general obli-
39  gation bonds, said general obligation bonds having been author-
40  ized by the vote of a majority of the qualified electors of such city
41  voting on the proposition at an election called and held for that
42  purpose, such city may fund such temporary notes by the issuance
43  of revenue bonds under the terms of this act without again sub-
SB 18--Am. by HCW
                                     

 1  mitting any proposition to the electors of such city. Any city which
 2  has issued revenue bonds under the terms of this act may there-
 3  after issue additional revenue bonds for improvements, enlarge-
 4  ments, extensions or additions to any utility system and provide
 5  that, on such conditions as may be specified by the governing body
 6  of the city, such later bonds shall be on a parity as to the revenues
 7  of such utility and in all other respects with revenue bonds previ-
 8  ously issued against such utility under the terms of this act.
 9    [(b)  Any city of the first class owning and operating a municipal
10  electric utility, which is located in a county having a population of
11  more than twenty thousand (20,000) 20,000 and not more than thirty
12  thousand (30,000) 30,000 and an assessed tangible valuation of more
13  than one hundred thirty-five million dollars ($135,000,000)
14  $135,000,000, is hereby authorized to join with any privately owned
15  electric utility in the construction of an additional electric gener-
16  ating facility and to issue revenue bonds under the authority of
17  this section and the act of which this section is amendatory to pay
18  the city's share of the cost thereof. Such city is hereby authorized
19  to enter into any contracts or agreements with such private electric
20  utility which are necessary for the construction of such generating
21  facility and for the purchase by the city of electric energy produced
22  by such facility. The principal of, and the interest upon, all revenue
23  bonds issued under the authority of this subsection shall be paid
24  from available revenues derived from the operation of the city's
25  municipal electric utility and available revenues derived from the
26  operation of such additional electric generating facility.
27    [Sec. 39.  K.S.A. 10-1211 is hereby amended to read as follows:
28  10-1211. Any municipality governed by the provisions of this act
29  having issued revenue bonds under this act or any previous au-
30  thority may, from time to time, may issue revenue bonds pursuant
31  to the provisions of this act to refund any previous issue or part
32  thereof of its outstanding revenue bonds. Such refunding revenue
33  bonds shall be issued and sold in the manner prescribed by and
34  subject to the provisions of K.S.A. 10-116a, and amendments thereto.
35  In addition, any such municipality may, from time to time, issue
36  general obligation bonds, under the provisions of the general bond
37  law, to refund any previous issue or part thereof of its outstanding
38  revenue bonds, including the principal amount thereof and all ac-
39  crued outstanding interest thereon, if such revenue bonds are call-
40  able in accordance with their terms or the holders thereof are
41  willing to surrender them to the municipality. Such general obli-
42  gation bonds shall not be issued until a resolution adopted by the
43  governing body of the municipality stating the purpose for which
SB 18--Am. by HCW
                                     

 1  such bonds are to be issued, the total amount of the bonds pro-
 2  posed to be issued, and the total cost to the city of the refunding
 3  project, shall be published once each week for two consecutive
 4  weeks in the official newspaper of such municipality. After publi-
 5  cation, such bonds may be issued unless a petition requesting an
 6  election on the proposition, signed by electors equal in number to
 7  not less than 5% of the electors of the municipality who voted for
 8  the office of secretary of state at the last preceding general elec-
 9  tion of such office, is filed with the clerk of such municipality
10  within 20 days following the last publication of such resolution. If
11  such a petition is filed, the governing body of the municipality shall
12  submit the proposition to the voters at an election called for such
13  purpose and held within 90 days after the last publication of the
14  resolution, and no bonds shall be issued unless such proposition
15  shall receive the approval of a majority of the votes cast thereon.
16  Such election shall be called and held in the manner provided by
17  the general bond law. No such general obligation bonds shall be
18  issued unless: (a) The total cost to the municipality on the general
19  obligation bonds shall amount to less than the remaining interest
20  cost to the municipality on the outstanding revenue bonds being
21  refunded; (b) the anticipated revenues from the utility system in-
22  volved are expected to be sufficient to retire such general obliga-
23  tion bonds; and (c) the refunding is necessary to accomplish a com-
24  prehensive and orderly financing plan for the utility system.
25    [New Sec. 40.  The awarding of all contracts for the providing
26  of professional services for municipalities involved in the issuance
27  of general obligation and revenue bonds, including but not limited
28  to, the preparation of transcripts, the employment of bond counsel
29  and financial services and bond underwriting shall be awarded in
30  conformance with guidelines established pursuant to rules and
31  regulations adopted by the board of directors of the Kansas de-
32  velopment finance authority as provided in K.S.A. 74-8904 and
33  new section 9, and amendments thereto.
34    [New Sec. 41.  (a) All bonds, as defined by K.S.A. 74-8902, and
35  amendments thereto, which are issued by any agency of the state,
36  any body politic and corporate or any other entity created by any
37  law of the state, shall be sold at public sale upon the basis of com-
38  petitive bids, in conformance with guidelines established pursuant
39  to rules and regulations adopted by the board of directors of the
40  Kansas development finance authority as provided in K.S.A. 74-
41  8904, and amendments thereto.
42    [(b)  The awarding of all contracts for the providing of profes-
43  sional services for any agency of the state, any body politic and
SB 18--Am. by HCW
                                     

 1  corporate or any other entity created by any law of the state, in-
 2  volved in the issuance of general obligation and revenue bonds,
 3  including but not limited to, the preparation of transcripts, the
 4  employment of bond counsel and financial services and bond un-
 5  derwriting shall be awarded in conformance with guidelines es-
 6  tablished pursuant to rules and regulations adopted by the board
 7  of directors of the Kansas development finance authority as pro-
 8  vided in K.S.A. 74-8904 and new section 9, and amendments
 9  thereto.
10    [New Sec. 42.  (a) Except as otherwise specifically provided by
11  law, all contracts for the providing of professional services for all
12  political and taxing subdivisions of the state shall be awarded upon
13  the basis of competitive bids. All bids shall be solicited by notice
14  published in a newspaper of general circulation in the political or
15  taxing subdivision.
16    [(b)  As used in this act, ``professional services'' shall mean and
17  include all services provided under contract to any political or tax-
18  ing subdivision of the state by any member of profession, the mem-
19  bers of which are licensed or regulated under the laws of the state
20  of Kansas.
21    [Sec. 43.  K.S.A. 10-116a, 10-427a, 10-1202, 10-1211, 46-235,
22  46-242, 46-247, 46-267, 46-285, 59-2006, 66-1513, 75-430a, 75-
23  1250, 75-1254, 75-1255, 75-1256, 75-1257, 75-1258, 75-1265, 75-
24  3738, 75-3784, 75-3799, 75-5310a, 75-5801 and 75-5805 and K.S.A.
25  1996 Supp. 10-106, 40-3410, 40-3411, 44-566a, 46-233, 74-8904,
26  75-1251, 75-1253, 75-1258, 75-3739, 75-3740, 75-37,102, 75-5802,
27  75-5803, 75-5804, 75-5806, 75-5807 and 76-745 are hereby re-
28  pealed.]
29    Sec. 5. 7. [44.]  This act shall take effect and be in force from and
30  after its publication in the statute book.