CHAPTER 142
HOUSE BILL No. 2548
An Act concerning the secretary of social and rehabilitation
services; relating to the transfer
and conveyance of certain real property of the department of social
and rehabilitation
services; transfer of the property of the former Winfield state
hospital and training center
to the department of corrections and the Kansas commission on
veterans affairs; con-
veyance of certain real property in Wyandotte county; concerning
Topeka state hospital;
amending K.S.A. 75-3765 and 76-12a01 and repealing the existing
sections; also re-
pealing K.S.A. 76-185.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The secretary of
social and rehabilitation services
is hereby authorized to enter into an interagency agreement with
the
secretary of corrections and the Kansas commission on veterans
affairs
transferring the charge, care, management and control of the
Winfield
state hospital and training center property to the department of
correc-
tions and the Kansas commission on veterans affairs in accordance
with
the current uses of the Winfield state hospital and training center
prop-
erty and as agreed upon by the secretary of corrections and the
Kansas
commission on veterans affairs.
(b) At such time as specific title
descriptions to the portion of the
Winfield state hospital and training center property that is
transferred to
the charge, care, management and control of the department of
correc-
tions and the portion of the Winfield state hospital and training
center
property that is transferred to the charge, care, management and
control
of the Kansas commission on veterans affairs have been determined
and
are available, the secretary of social and rehabilitation services
shall con-
vey, without compensation, title to such portions of the Winfield
state
hospital and training center property to the department of
corrections
and the Kansas commission on veterans affairs, respectively. The
convey-
ance prescribed by this section shall not be subject to the
provisions of
K.S.A. 75-3043a and amendments thereto.
(c) ``Winfield state hospital and
training center property'' means the
state-owned real estate, including any improvements thereon, which
is
located in the city of Winfield and Cowley county and which is
described
as follows:
(1) The Southwest Quarter of Section 14,
Township 32 South, Range
4 East of the 6th P.M., Cowley County, Kansas;
(2) The Southeast Quarter of Section 15,
Township 32 South, Range
4 East of the 6th P.M., Cowley County, Kansas, less Road Right of
Way;
and
(3) Part of the Northwest Quarter of
Section 15, Township 32 South,
Range 4 East of the 6th P.M., that lies East of the Centerline of
Timber
Creek, and described as follows: Commencing at the Northeast corner
of
said Quarter Section; Thence West along the North line of said
Quarter
Section to the center of the Channel of Timber Creek; Thence
Southerly
down the center of the channel of said creek (following the
meanderings
thereof) to the South line of said Quarter Section; Thence East
along the
South line of said Quarter Section to the Southeast Corner of said
Quarter
Section; Thence North along the East line of said Quarter Section
to the
Point of Beginning.
Sec. 2. On July 1, 1999, K.S.A.
76-12a01 is hereby amended to read
as follows: 76-12a01. As used in this act, unless the context
otherwise
requires:
(a) ``Secretary'' means the secretary of
social and rehabilitation serv-
ices.
(b) ``Institution'' means the following
institutions: Topeka state hos-
pital, Osawatomie state hospital, Rainbow mental
health facility, Larned
state hospital, Parsons state hospital and training center,
Winfield state
hospital and training center, and Kansas
neurological institute.
(c) ``Director'' or ``commissioner''
means the commissioner of mental
health and developmental disabilities.
New Sec. 3. As used in this
section:
(a) ``West parking lot'' means: A tract
of land in the Southeast Quarter
of Section 27 and the Southwest Quarter of Fractional Section 26,
Town-
ship 11 South, Range 25 East of the Sixth Principal Meridian in
Kansas
City, Wyandotte County, Kansas, being more particularly described
as
follows:
Commencing at the Southeast corner of said
Section 27, said point also
being the Southwest corner of said Fractional Section 26:
THENCE
South 89° 52' 04" West 18.68 feet, along the South line of said
Fractional
Section 27; THENCE North 37° 10' 40" West 340.27 feet;
THENCE
North 26° 02' 37" West 95.94 feet; THENCE North 11° 50' 19"
West
69.03 feet; THENCE North 00° 21' 04" East 111.93 feet;
THENCE
South 89° 53' 40" East 88.17 feet; THENCE North 85° 44' 47"
East 74.42
feet; THENCE North 60° 52' 01" East 61.08 feet; THENCE North
09°
18' 23" East 34.82 feet to a point on the Southeasterly
right-of-way line
of 36th Avenue, as now established, and a point on a curve concave
to
the South having a radius of 340.00 feet; THENCE Northeasterly
29.08
feet, along said Southeasterly right-of-way line and said curve;
THENCE
North 43° 00' 28" East 3.39 feet, along said Southeasterly
right-of-way
line; THENCE South 01° 44' 25" East 61.07 feet, departing from
said
right-of-way line; THENCE South 07° 53' 36" East 63.88 feet;
THENCE
South 05° 45' 03" East 126.04 feet; THENCE South 02° 32'
11" East
159.70 feet; THENCE South 15° 51' 35" East 16.56 feet;
THENCE
South 55° 15' 49" East 24.11 feet; THENCE South 87° 54' 32"
East 64.98
feet; THENCE South 83° 38' 39" East 120.30 feet; THENCE South
06°
53' 33" West 167.11 feet to a point on the South line of the
Southeast
Quarter of said Fractional Section 26; THENCE South 89° 52' 04"
West
189.24 feet, along said South line to the Southwest corner of said
Frac-
tional Section 26 and the point of beginning, containing 3.2 acres
more
or less. SUBJECT TO SURVEY and all easements and restrictions
of
record.
(b) ``East parking lot'' means: A tract
of land in the Southwest Quarter
of Fractional Section 26, Township 11 South, Range 25 East of the
Sixth
Principal Meridian in Kansas City, Wyandotte County, Kansas,
being
more particularly described as follows:
Commencing at the Southwest corner of said
Fractional Section 26,
said point also being the Southeast corner of Section 27, Township
11
South, Range 23 East: THENCE North 89° 52' 04" East 498.04
feet,
along the South line of said Fractional Section 26, to the TRUE
POINT
OF BEGINNING; THENCE North 00° 07' 56" West 114.76 feet;
THENCE North 89° 52' 04" East 23.21 feet; THENCE North 00°
33'
33" East 111.14 feet; THENCE North 01° 19' 24" East 331.54
feet;
THENCE North 05° 10' 25" West 53.01 feet; THENCE North 08°
52'
42" West 115.11 feet; THENCE North 05° 22' 21" West 38.90
feet;
THENCE North 02° 40' 12" East 55.93 feet; THENCE North 08°
49'
10" East 49.39 feet; THENCE North 26° 40' 27" West 29.20
feet;
THENCE North 18° 04' 39" East 130.98 feet; THENCE North 20°
52'
07" East 40.16 feet; THENCE North 39° 36' 45" East 32.58
feet;
THENCE North 61° 53' 31" East 32.13 feet; THENCE North 79°
11'
37" East 51.31 feet to a point on the West right-of-way line of
Eaton
Street, as now established, said right-of-way line being a curve
concave
to the West having a radius of 1457.50 feet; THENCE Southerly
288.15
feet, along said West right-of-way line and said curve; THENCE
South
00° 04' 51" West 840.21 feet, along said West right-of-way
line, to a point
on the South line of said Fractional Section 26; THENCE South
89° 52'
04" West 126.91 feet, along said South line, to the TRUE POINT
OF
BEGINNING, containing 2.8 acres, more or less. SUBJECT TO SUR-
VEY and all easements and restrictions of record.
(c) The secretary of social and
rehabilitation services is authorized to
convey, without consideration, to the university of Kansas medical
center
the property described in subsections (a) and (b).
(d) The university of Kansas medical
center shall maintain in good
condition all existing curbs and gutters to direct surface water
away from
the property line of the east parking lot.
(e) The university of Kansas medical
center shall pay for and make
repairs to the east parking lot if the rock bluff located on the
east parking
lot collapses, shifts or becomes unstable as a result of any
capital improve-
ment project for any construction, reconstruction, maintenance or
repair
project undertaken on the east parking lot by the university of
Kansas
medical center.
(f) The university of Kansas medical
center shall grant rainbow men-
tal health facility, or persons designated by such facility,
reasonable access
to the east parking lot to make repairs to the rock bluff located
west of
the east parking lot resulting from natural causes.
(g) The deeds conveying the real estate
described under subsections
(a) and (b) shall be approved by the attorney general and shall be
executed
by the secretary of social and rehabilitation services.
(h) The conveyance authorized by this
section shall not be subject to
the provisions of K.S.A. 75-3043a, and amendments thereto.
New Sec. 4. (a) As used in this
section, ``Topeka state hospital prop-
erty'' means all state-owned land and improvements in the city of
Topeka,
Kansas, which is in the area bounded by west Sixth street on the
south,
MacVicar avenue on the east, Interstate 70 on the north, and
Oakley
avenue on the west, including the adjacent state-owned land west of
Oak-
ley avenue, excluding the state printing plant land designated by
the sec-
retary of administration.
(b) The secretary of administration shall
have custody and control of
the Topeka state hospital property and may operate and maintain
the
property. The secretary of administration may make expenditures for
the
following:
(1) Goods and services relating to the
use, sale, lease or other dis-
position of the Topeka state hospital property;
(2) marketing the use, sale, lease or
other disposition of the Topeka
state hospital property; and
(3) operating and maintaining the Topeka
state hospital property, in-
cluding security, repair and capital improvements.
(c) The secretary of administration
may:
(1) Enter into agreements to lease all,
or any portion, of the Topeka
state hospital property for a period not to exceed five years;
(2) enter into agreements to lease all,
or any portion, of the Topeka
state hospital property for a period longer than five years after
review and
consultation with the joint committee on state building
construction;
(3) enter into agreements and fix or
alter charges for the use of the
Topeka state hospital property by state agencies and others in
any
amounts that the secretary of administration determines to be
beneficial
or necessary; and
(4) enter into agreements to sell all or
any portion of the Topeka state
hospital property, subject to approval of the state finance
council. The
approval of the sale of all, or any portion, of the Topeka state
hospital
property is hereby characterized as a matter of legislative
delegation and
subject to the guidelines prescribed in subsection (c) of K.S.A.
75-3711c,
and amendments thereto. Approval by the state finance council may
be
given when the legislature is in session.
(d) If that portion of the Topeka state
hospital campus which includes
the division of services for the blind is sold or otherwise becomes
una-
vailable for its current use, ample time shall be allowed for the
division
of services for the blind to acquire replacement facilities of
equal or better
usefulness for services to the blind. If the Kansas industries for
the blind
must be closed as a part of the sale of Topeka state hospital
property, the
Kansas industries for the blind shall not be closed until suitable
alterna-
tives, including similar wages and benefits, for persons employed
by Kan-
sas industries for the blind have been arranged.
(e) The Topeka state hospital property
and any portion thereof shall
be exempt from ad valorem taxation as long as such property is
owned
by the state of Kansas and such property is:
(1) Used by the state of Kansas or any of
its agencies;
(2) vacant;
(3) leased by an entity exempt from the
payment of ad valorem tax-
ation; or
(4) used for a purpose that is exempt
from the payment of ad valorem
taxation.
(f) The provisions of K.S.A. 79-201,
et seq., and amendments thereto,
requiring the requesting and filing of property tax exemptions
shall not
apply to the exemption provided by this section.
(g) (1) There is hereby created the
Topeka state hospital property
advisory committee which shall be composed of the following
members:
(A) One member shall be a member of the
house of representatives
whose representative district includes a portion of Shawnee county
and
who is appointed by the speaker of the house of representatives and
such
member shall serve for a term ending on the first day of the
regular
session of the legislature in next ensuing odd-numbered year;
(B) one member shall be a member of the
house of representatives
whose representative district includes a portion of Shawnee county
and
who is appointed by the minority leader of the house of
representatives
and such member shall serve for a term ending on the first day of
the
regular session of the legislature in next ensuing odd-numbered
year;
(C) one member shall be a member of the
senate whose senate dis-
trict includes a portion of Shawnee county and who is appointed by
the
president of the senate and such member shall serve for a term
ending
on the first day of the regular session of the legislature next
ensuing odd-
numbered year;
(D) one member shall be a member of the
senate whose senate dis-
trict includes a portion of Shawnee county and who is appointed by
the
minority leader of the senate and such member shall serve for a
term
ending on the first day of the regular session of the legislature
in the next
ensuing odd-numbered year;
(E) one member shall be the mayor of the
city of Topeka, or designee;
and
(F) at least one member but not more than
three members shall be
appointed by the secretary of administration from among those
persons
who are not officers or employees of any state or local
governmental
agency and each such member shall serve at the pleasure of the
secretary
of administration.
(2) The Topeka state hospital property
advisory committee shall or-
ganize at its first meeting which shall be called by the secretary
of ad-
ministration by electing a chairperson and vice-chairperson from
among
the members. The advisory committee shall meet on call of the
chair-
person and shall meet at least once each calendar quarter.
(3) Members of the Topeka state hospital
property advisory commit-
tee shall serve without compensation.
(4) The Topeka state hospital property
advisory committee shall meet
and shall advise and consult with the secretary of administration
and other
representatives of the department of administration with regard to
cur-
rent and proposed uses and other dispositions of the Topeka state
hospital
property. The secretary of administration shall present formal and
infor-
mal proposals for new or different uses or other dispositions of
the Topeka
state hospital property and shall solicit comments from the
advisory com-
mittee thereon. The advisory committee shall study and shall
provide a
forum for the expression and discussion of concerns and
recommenda-
tions from residents of Shawnee county relating to current and
proposed
uses and other dispositions of the Topeka state hospital
property.
(5) Nothing in this section shall be
construed to limit the discretion
of the secretary in the disposition of Topeka state hospital
property.
(6) The Topeka state hospital property
advisory committee shall ter-
minate when the Topeka state hospital property passes entirely from
state
ownership or on December 31, 2002, whichever is sooner.
(h) This section shall take effect and be
in force from and after July
1, 1999.
Sec. 5. On July 1, 1999, K.S.A.
75-3765 is hereby amended to read
as follows: 75-3765. (a) (1) The secretary of administration
shall assign
space and facilities in all state-owned or operated property or
buildings
in Shawnee county, Kansas, except the state capitol, Topeka
correctional
facility, the Kansas neurological institute, the juvenile
correctional facility
at Topeka, the employment security administrative office building,
401
Topeka avenue, Kansas state employment service building, 1309
Topeka
avenue, the Topeka state hospital, state highway
shops and laboratory and
property of the Kansas national guard, for the use
of the various state
agencies and. The secretary may determine,
fix and establish a system of
rental charges by the square foot and collect the same monthly for
space
and facilities occupied by each state agency whenever any
appropriation
for rental for space and facilities is made therefor, in an amount
not to
exceed the amount appropriated.
(2) The secretary of
administration also may assign space and
facili-
ties, establish a system of rental charges and collect rents for
property
and buildings owned or controlled by the department of
administration
in other parts of the state.
(3) The amounts collected under
paragraphs (1) and (2) shall be re-
mitted by the secretary of administration to the state treasurer
and. The
state treasurer shall deposit such amounts in the state treasury to
the
credit of the building and ground fund, except that amounts
collected for
space and facilities in the state office building located
between Ninth,
Tenth, Harrison and Topeka streets shall be deposited in
the state treas-
ury to the credit of the fund provided in K.S.A. 75-3615,
and amendments
thereto. Notwithstanding the other provisions of this
section, charge for
and deposit of rentals for the buildings and properties to
which K.S.A.
75-3629 to 75-3647, and amendments thereto, apply shall be
in compli-
ance with such statutes state buildings
operating fund or other funds of
the department of administration as prescribed by the secretary
of ad-
ministration.
(4) On or before December
31, 1994, and on or before each Decem-
ber 31, thereafter of each year, the
secretary of administration shall pres-
ent a report to the joint committee on state building construction
con-
cerning any actions taken by the secretary pursuant to authority
granted
to the secretary under this subsection. The report shall describe
the action
taken and the statutory authority authorizing such action.
(b) The secretary of administration shall
require five-year building
space utilization plans from all state agencies and develop a
database of
all state-owned or leased building and storage space. This database
shall
serve as the central repository of state-owned or leased building
and stor-
age space information. All changes made in the ownership or
leasing
status of all building space utilized by state agencies shall be
reported to
the secretary of administration and entered into this database. The
da-
tabase shall include the actual and budgeted amount of money paid
by
state agencies for building and storage space. The database may
include
any other information related to the building space needs of the
state as
determined to be necessary by the secretary of administration.
All state agencies shall cooperate with
requests for information con-
cerning building space and storage space made by the secretary of
ad-
ministration or the secretary of administration's designee.
As used in this
section, state agencies shall include those agencies
considered to be quasi-
state agencies.
On or before December 31, 1994, and on
or before each December
31 thereafter of each year, the secretary
of administration shall present a
report of state-owned or leased building and storage space
information
to the joint committee on state building construction and shall
provide
notice at the same time to the secretary of the senate and to the
chief
clerk of the house of representatives that such report is available
to mem-
bers of the legislature.
(c) As used in this section, ``state
agencies'' also shall include any
quasi-state agency.
Sec. 6. K.S.A. 76-185 is hereby repealed.
Sec. 7. On July 1, 1999, K.S.A. 75-3765 and
76-12a01 are hereby
repealed.
Sec. 8. This act shall take effect and be in force
from and after its
publication in the Kansas register.
Approved May 11, 1999.
Published in the Kansas Register May 20, 1999.
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