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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