CHAPTER 163
SENATE BILL No. 102
An Act concerning the department of corrections; relating to
the correctional industries
fund; amending K.S.A. 75-3717b, 75-5281, 75-5282 and 75-5288 and
repealing the ex-
isting sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 75-3717b is
hereby amended to read as follows: 75-
3717b. (a) Whenever a state agency proposes a capital improvement
pro-
ject for the construction of a building or for major repairs or
improve-
ments to a building, such state agency shall prepare a capital
improvement
budget estimate to be submitted to the division of the budget in
such
form as may be required by the director of the budget and this
section.
Such state agency shall prepare and include as a part of such
capital
improvement budget estimate a written program statement
describing
the project. Such program statement shall: (1) Include a detailed
justifi-
cation for the project including an analysis of the programs,
activities and
other needs and intended uses for the additional or improved space
and
an analysis of the alternative means by which such space needs and
uses
could be satisfied; (2) request appropriations for the project in
the three
phases of preliminary planning, final planning and construction;
(3) de-
scribe in detail each such phase of the project; and (4) include
cost esti-
mates for land, site surveys, soil investigations, equipment,
buildings or
major repairs or improvements to buildings and other items
necessary for
the project.
(b) Not later than July 1 of each year,
such state agency shall submit
to the division of the budget a copy of such capital improvement
budget
estimate, and all amendments and revisions thereof, and at the same
time
such state agency shall submit copies of such capital improvement
budget
estimate, and all amendments and revisions thereof, directly to the
state
building advisory commission and to the joint committee on state
building
construction.
(c) On or before November 15 each year,
the state building advisory
commission shall report and make recommendations on each capital
im-
provement budget estimate received pursuant to this section
regarding
the project costs, projected scheduling of funding for such costs,
and such
other matters as are deemed appropriate by the state building
advisory
commission, to: (1) The division of the budget; (2) the joint
committee
on state building construction; and (3) the legislative research
depart-
ment.
(d) Not later than July 1 of each year,
each state agency submitting
such budget estimates shall prepare and submit to the division of
the
budget, to the state building advisory commission and to the joint
com-
mittee on state building construction copies of a five-year capital
improve-
ment program and facilities plan which shall set forth the current
and
future space needs and utilization plans for the next five ensuing
fiscal
years for that state agency in such form and containing such
additional
information as prescribed by the secretary of administration.
(e) Except as provided in this
subsection, the provisions of this section
do not apply to any capital improvement project for the adjutant
general
that is funded entirely by moneys from the federal government.
During
the month of January each year, the adjutant general shall present
a report
to the joint committee on state building construction on all
capital im-
provement projects that are funded entirely by moneys from the
federal
government and that are proposed for the current and ensuing
fiscal
years.
(f) The provisions of this section do
not apply to any capital improve-
ment project for Kansas correctional industries of the
department of cor-
rections as provided in subsection (d) of K.S.A. 75-5282, and
amendments
thereto.
Sec. 2. K.S.A. 75-5281 is hereby
amended to read as follows: 75-
5281. (a) The secretary is empowered to enter into contracts and
agree-
ments with any person, firm or corporation upon a self-liquidating
basis
for the acquisition and, purchase or
lease of equipment, tools, supplies
and, materials and buildings for
manufacturing or for providing services,
to the end that the same may be paid for over a period of not
exceeding
ten (10) 20 years, and the aggregate amount
of such purchases or acqui-
sitions shall not exceed five hundred thousand dollars
($500,000) unless
specifically approved by the governor. All such amounts shall be
payable
solely out of the revenues derived from the goods produced
and the
services provided by the correctional system
from the correctional indus-
tries fund.
(b) Nothing in this section shall be so
construed or interpreted as to
authorize or permit the incurring of a state debt of any kind or
nature as
contemplated by the constitution of this state in relation to such
debt.
Sec. 3. K.S.A. 75-5282 is hereby
amended to read as follows: 75-
5282. (a) There is hereby created in the state treasury the
correctional
industries fund.
(b) All moneys collected by the secretary
from the sale or disposition
of goods manufactured and services provided under the
prison-made
goods act shall be remitted to the state treasurer at least
monthly. The
state treasurer shall deposit each such remittance in the state
treasury
and credit it to the correctional industries fund. All the moneys
collected
and deposited pursuant to this subsection shall be used solely for
the
purchase of manufacturing supplies, equipment and machinery, for
the
repair, maintenance and replacement of equipment and machinery,
and
for administrative expenses and as provided in subsection
(d).
(c) The balance of all proceeds from the
lease of agricultural land at
a correctional institution, after payment of the expenses of the
lease from
such proceeds, shall be remitted to the state treasurer at least
monthly.
Upon receipt of each such remittance, the state treasurer shall
deposit
the entire amount thereof in the state treasury and such amount
shall be
credited to the correctional industries fund.
(d) Any unencumbered moneys in the
correctional industries fund
may be expended for capital improvement projects for the
renovation or
repair of existing buildings or facilities or for the
construction or acqui-
sition of building or facilities for correctional industries as
provided in
K.S.A. 75-5281 and 75-5288 and amendments thereto. Such capital
im-
provement projects shall not be subject to the requirements to
prepare
and submit capital improvement budget estimates as provided in
K.S.A.
75-3717b, and amendments thereto. Prior to commencement of a
capital
improvement project, the director of Kansas correctional
industries shall
advise and consult with the joint committee on state building
construction
concerning such capital improvement projects.
Sec. 4. K.S.A. 75-5288 is hereby
amended to read as follows: 75-
5288. (a) Notwithstanding the provisions of K.S.A. 75-3738 to
75-3744,
inclusive, and amendments thereto or of any other laws to
the contrary,
the secretary of corrections may lease one or more buildings or
portions
thereof on the grounds of any correctional institution, together
with the
real estate needed for reasonable access to and egress from the
leased
buildings, for a term not to exceed twenty
(20) years, to a private individ-
ual, firm, corporation or other lawful entity for the purpose of
establishing
and operating a business enterprise for the manufacture and
processing
of goods, wares or merchandise, or any other business or
commercial
enterprise deemed by the secretary of corrections to be consistent
with
the proper training and rehabilitation of inmates.
(b) Subject to approval by the secretary
of corrections, any corpora-
tion operating a factory or other business or commercial enterprise
under
this section may employ selected inmates of the correctional
institution
upon whose grounds it operates.
(c) Notwithstanding the provisions of
K.S.A. 75-3738 to 75-3744, in-
clusive, article 12 of chapter 75 of the Kansas Statutes
Annotated, article
58 of chapter 75 of the Kansas Statutes Annotated, and
amendments
thereto, or of any other laws to the contrary, the secretary of
corrections
may enter into agreements with a private individual, firm,
corporation or
other lawful entity for the purpose of accepting as a donation,
lease or
purchase, on behalf of the state any building or renovation of a
building
to be used for the manufacture and processing of goods, wares or
mer-
chandise, or any other business or commercial enterprise deemed
by the
secretary of corrections to be consistent with the proper
training and
rehabilitation of inmates.
(1) Such agreements may provide for
the financing, design, construc-
tion or renovation of such buildings on the grounds of
correctional facil-
ities. The secretary may not obligate the expenditure of state
funds except
as provided by K.S.A. 75-5281 and amendments
thereto.
(2) Buildings constructed or renovated
pursuant to this section shall
become the property of the state as provided by such agreements
or after
20 years, whichever time period is shorter.
(d) Any business enterprise
established under the provisions of this
section shall be deemed a private enterprise and subject to all the
laws,
rules and regulations of this state governing the operation of
similar busi-
ness enterprises elsewhere in this state.
(d) (e) The
authority of the secretary of corrections over the institu-
tions of the department of corrections and the inmates thereof
shall not
be diminished by this section.
Sec. 5. K.S.A. 75-3717b, 75-5281, 75-5282 and
75-5288 are hereby
repealed.
Sec. 6. This act shall take effect and be in force
from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
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SENATE adopted
Conference Committee Report
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Passed the HOUSE
as amended ______________________________
HOUSE adopted
Conference Committee Report
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APPROVED ______________________________
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Approved May 13, 1999.
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