CHAPTER 144 SENATE BILL No. 393 An Act concerning state agencies, state officers and state office space; amending K.S.A.
46-1109, 74-7286, 74-7295, 74-7296 and 74-72,101 and K.S.A. 1999 Supp. 74-7285, 74-
7289, 74-7290, 74-7291, 74-7292, 74-7293, 74-7294, 74-7298, 74-7299, 74-72,100, 74-
72,102, 74-72,103 and 74-72,104 and repealing the existing sections; also repealing
K.S.A. 74-7297 and K.S.A. 1999 Supp. 74-7288 and 74-72,105.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 46-1109 is hereby amended to read as follows: 46-
1109. (a) In addition to other additional audits which the legislative post
audit committee may direct, such committee may direct the audit of any
state agency or agencies when so requested in writing by the governor or
any member or committee of the legislature. Any such written request
shall specify the desired object of the audit requested and the reasons
therefor. In directing the post auditor to make any such requested ad-
ditional audit of a state agency or agencies, the legislative post audit com-
mittee may modify the object and direct the details of the audit to be
performed.

      (b) In accordance with this subsection, the legislative post audit com-
mittee may reimburse travel mileage expense incurred by a member of
the legislature to attend a meeting of the legislative post audit committee
for the presentation of the report of a performance audit that was re-
quested by such member of the legislature and performed at the direction
of the legislative post audit committee. The reimbursement for such travel
mileage expense shall be for each mile actually traveled by the usual route
in going to and returning from the meeting of the legislative post audit
committee at the rate fixed under K.S.A. 75-3203a, and amendments
thereto, and shall be subject to any restrictions or limitations prescribed
by rules adopted by the legislative post audit committee. In the case of a
performance audit that was requested by any standing, special, select or
joint committee of the legislature, the legislative post audit committee may
reimburse travel mileage expense incurred by not more than two members
of such committee and not more than one member of any political party.
No travel mileage expense shall be reimbursed under this subsection for
attendance at a legislative post audit committee meeting held during the
time that the legislature is in session, unless the legislature has adjourned
for a period of more than two days.

      Sec.  2. K.S.A. 1999 Supp. 74-7285 is hereby amended to read as
follows: 74-7285. (a) The legislative post audit committee shall direct the
post auditor to conduct a performance audit of each state agency which
is subject to legislative review and evaluation under the Kansas govern-
mental operations accountability law. Each performance audit conducted
pursuant to the requirements of this subsection shall be completed not
sooner than two years prior to nor later than the 30th calendar day of the
regular session of the legislature set for review and evaluation of the state
agency.

      (b) Any performance audit directed to be conducted by the post au-
ditor and the division of post audit under the provisions of subsection (a)
may be general in scope, addressing all operations of the state agency, or
may be restricted to a particular operation of the state agency. In directing
the post auditor to conduct any such performance audit, the legislative
post audit committee may specify the objectives and scope and direct the
details of the audit. In conducting any such audit, the post auditor shall
include a determination of the applicable factors specified in subsection
(b) of K.S.A. 74-7287, and amendments thereto, and such other factors
as may be directed to be included by the legislative post audit committee.
Upon completion of the performance audit, the legislative post audit com-
mittee shall review and accept the audit report. A copy of the audit report
shall be made available to each member of the legislature in accordance
with the provisions of K.S.A. 46-1212c, and amendments thereto.

      (c) The legislative post audit committee, upon the affirmative vote of
not less than seven members of the committee taken at a regular meeting
thereof, may designate a different regular session of the legislature during
which a state agency is to be subjected to review and evaluation under
the Kansas governmental operations accountability law, instead of the
regular session of the legislature prescribed by the provisions of the Kan-
sas governmental operations accountability law or as previously desig-
nated by the legislative post audit committee pursuant to this subsection,
but no such review and evaluation shall be deferred to a regular session
occurring after the 2000 2008 regular session of the legislature.

      Sec.  3. K.S.A. 74-7286 is hereby amended to read as follows: 74-
7286. Each state agency subjected to audit, review and evaluation under
the Kansas governmental operations accountability law (K-GOAL) may
be retained under such law K-GOAL by act of the legislature and, if so
retained,. If retained under K-GOAL, such agency shall be subjected to
future audit by the post auditor and the division of post audit. Only one
state agency shall be retained under K-GOAL in any one act of the leg-
islature and the name of the state agency shall be included in the title of
such act. Each such act shall specify a regular session of the legislature
in futuro for the next succeeding review and evaluation of the state
agency, but no such review and evaluation shall be deferred for a period
of time in excess of eight years.

      Sec.  4. K.S.A. 1999 Supp. 74-7289 is hereby amended to read as
follows: 74-7289. The Kansas department of wildlife and parks and the
office of secretary of wildlife and parks, established by K.S.A. 32-801, and
amendments thereto, hereby are subjected to audit shall be audited under
the Kansas governmental operations accountability law, and to review and
evaluation shall be reviewed and evaluated during the 2000 2007 regular
session of the legislature, or such other regular session of the legislature
designated by the legislative post audit committee in accordance with the
provisions of subsection (c) of K.S.A. 74-7285, and amendments thereto.

      Sec.  5. K.S.A. 1999 Supp. 74-7290 is hereby amended to read as
follows: 74-7290. The state department of education, established by
K.S.A. 72-7701, and amendments thereto, hereby is subjected to audit
shall be audited under the Kansas governmental operations accountability
law, and to review and evaluation shall be reviewed and evaluated during
the 1998 2005 regular session of the legislature, or such other regular
session of the legislature designated by the legislative post audit commit-
tee in accordance with the provisions of subsection (c) of K.S.A. 74-7285,
and amendments thereto.

      Sec.  6. K.S.A. 1999 Supp. 74-7291 is hereby amended to read as
follows: 74-7291. The state board Kansas department of agriculture, cre-
ated by K.S.A. 74-502 1999 Supp. 74-560, and amendments thereto,
hereby is subjected to audit shall be audited under the Kansas govern-
mental operations accountability law, and to review and evaluation shall
be reviewed and evaluated during the 1996 2002 regular session of the
legislature, or such other regular session of the legislature designated by
the legislative post audit committee in accordance with the provisions of
subsection (c) of K.S.A. 74-7285, and amendments thereto.

      Sec.  7. K.S.A. 1999 Supp. 74-7292 is hereby amended to read as
follows: 74-7292. The state corporation commission, created by K.S.A.
74-601, and amendments thereto, hereby is subjected to audit shall be
audited under the Kansas governmental operations accountability law,
and to review and evaluation shall be reviewed and evaluated during the
1998 2006 regular session of the legislature, or such other regular session
of the legislature designated by the legislative post audit committee in
accordance with the provisions of subsection (c) of K.S.A. 74-7285, and
amendments thereto.

      Sec.  8. K.S.A. 1999 Supp. 74-7293 is hereby amended to read as
follows: 74-7293. The Kansas water office and the director of the Kansas
water office, created by K.S.A. 74-2613, and amendments thereto, hereby
is subjected to audit shall be audited under the Kansas governmental
operations accountability law, and to review and evaluation shall be re-
viewed and evaluated during the 1995 2002 regular session of the legis-
lature, or such other regular session of the legislature designated by the
legislative post audit committee in accordance with the provisions of sub-
section (c) of K.S.A. 74-7285, and amendments thereto.

      Sec.  9. K.S.A. 1999 Supp. 74-7294 is hereby amended to read as
follows: 74-7294. The Kansas water authority, created by K.S.A. 74-2622,
and amendments thereto, hereby is subjected to audit shall be audited
under the Kansas governmental operations accountability law, and to re-
view and evaluation shall be reviewed and evaluated during the 1995 2002
regular session of the legislature, or such other regular session of the
legislature designated by the legislative post audit committee in accord-
ance with the provisions of subsection (c) of K.S.A. 74-7285, and amend-
ments thereto.

      Sec.  10. K.S.A. 74-7295 is hereby amended to read as follows: 74-
7295. The department of commerce and the office of secretary of com-
merce housing, created by K.S.A. 74-5002a 74-5002f, and amendments
thereto, hereby are subjected to audit shall be audited under the Kansas
governmental operations accountability law, and to review and evaluation
shall be reviewed and evaluated during the 1994 2001 regular session of
the legislature, or such other regular session of the legislature designated
by the legislative post audit committee in accordance with the provisions
of subsection (c) of K.S.A. 74-7285, and amendments thereto.

      Sec.  11. K.S.A. 74-7296 is hereby amended to read as follows: 74-
7296. The department of administration and the office of secretary of
administration, created by K.S.A. 75-3702a, and amendments thereto,
hereby are subjected to audit shall be audited under the Kansas govern-
mental operations accountability law, and to review and evaluation shall
be reviewed and evaluated during the 1994 2001 regular session of the
legislature, or such other regular session of the legislature designated by
the legislative post audit committee in accordance with the provisions of
subsection (c) of K.S.A. 74-7285, and amendments thereto.

      Sec.  12. K.S.A. 1999 Supp. 74-7298 is hereby amended to read as
follows: 74-7298. The department of transportation and the office of sec-
retary of transportation, established by K.S.A. 75-5001, and amendments
thereto, hereby are subjected to audit shall be audited under the Kansas
governmental operations accountability law, and to review and evaluation
shall be reviewed and evaluated during the 1996 2008 regular session of
the legislature, or such other regular session of the legislature designated
by the legislative post audit committee in accordance with the provisions
of subsection (c) of K.S.A. 74-7285, and amendments thereto.

      Sec.  13. K.S.A. 1999 Supp. 74-7299 is hereby amended to read as
follows: 74-7299. The department of revenue and the office of secretary
of revenue, created by K.S.A. 75-5101, and amendments thereto, hereby
are subjected to audit shall be audited under the Kansas governmental
operations accountability law, and to review and evaluation shall be re-
viewed and evaluated during the 1997 2008 regular session of the legis-
lature, or such other regular session of the legislature designated by the
legislative post audit committee in accordance with the provisions of sub-
section (c) of K.S.A. 74-7285, and amendments thereto.

      Sec.  14. K.S.A. 1999 Supp. 74-72,100 is hereby amended to read as
follows: 74-72,100. The department of corrections and the office of sec-
retary of corrections, established by K.S.A. 75-5203, and amendments
thereto, hereby are subjected to audit shall be audited under the Kansas
governmental operations accountability law, and to review and evaluation
shall be reviewed and evaluated during the 2000 2003 regular session of
the legislature, or such other regular session of the legislature designated
by the legislative post audit committee in accordance with the provisions
of subsection (c) of K.S.A. 74-7285, and amendments thereto.

      Sec.  15. K.S.A. 74-72,101 is hereby amended to read as follows: 74-
72,101. The department of social and rehabilitation services and the office
of secretary of social and rehabilitation services, created by K.S.A. 75-
5301, and amendments thereto, hereby are subjected to audit shall be
audited under the Kansas governmental operations accountability law,
and to review and evaluation shall be reviewed and evaluated during the
1993 2004 regular session of the legislature, or such other regular session
of the legislature designated by the legislative post audit committee in
accordance with the provisions of subsection (c) of K.S.A. 74-7285, and
amendments thereto.

      Sec.  16. K.S.A. 1999 Supp. 74-72,102 is hereby amended to read as
follows: 74-72,102. The department of health and environment and the
office of secretary of health and environment, created by K.S.A. 75-5601,
and amendments thereto, hereby are subjected to audit shall be audited
under the Kansas governmental operations accountability law, and to re-
view and evaluation shall be reviewed and evaluated during the 1995 2002
regular session of the legislature, or such other regular session of the
legislature designated by the legislative post audit committee in accord-
ance with the provisions of subsection (c) of K.S.A. 74-7285, and amend-
ments thereto.

      Sec.  17. K.S.A. 1999 Supp. 74-72,103 is hereby amended to read as
follows: 74-72,103. The department of human resources and the office of
secretary of human resources, established by K.S.A. 75-5701, and amend-
ments thereto, hereby are subjected to audit shall be audited under the
Kansas governmental operations accountability law, and to review and
evaluation shall be reviewed and evaluated during the 1999 2006 regular
session of the legislature, or such other regular session of the legislature
designated by the legislative post audit committee in accordance with the
provisions of subsection (c) of K.S.A. 74-7285, and amendments thereto.

      Sec.  18. K.S.A. 1999 Supp. 74-72,104 is hereby amended to read as
follows: 74-72,104. The department on aging and the office of secretary
of aging, created by K.S.A. 75-5903, and amendments thereto, hereby
are subjected to audit shall be audited under the Kansas governmental
operations accountability law, and to review and evaluation shall be re-
viewed and evaluated during the 1999 2004 regular session of the legis-
lature, or such other regular session of the legislature designated by the
legislative post audit committee in accordance with the provisions of sub-
section (c) of K.S.A. 74-7285, and amendments thereto.

      New Sec.  19. The juvenile justice authority, created by K.S.A. 75-
7001 et seq., and amendments thereto, shall be audited under the Kansas
governmental operations accountability law, and shall be reviewed and
evaluated during the 2003 regular session of the legislature, or such other
regular session of the legislature designated by the legislative post audit
committee in accordance with the provisions of subsection (c) of K.S.A.
74-7285, and amendments thereto.

      New Sec.  20. The state board of regents, created pursuant to sec-
tions 2 and 3 of article 6 of the constitution of the state of Kansas and
K.S.A. 1999 Supp. 74-3202a, and amendments thereto, shall be audited
under the Kansas governmental operations accountability law, and shall
be reviewed and evaluated during the 2005 regular session of the legis-
lature, or such other regular session of the legislature designated by the
legislative post audit committee in accordance with the provisions of sub-
section (c) of K.S.A. 74-7285, and amendments thereto.

      New Sec.  21. The state public safety agencies shall be audited under
the Kansas governmental operations accountability law, and shall be re-
viewed and evaluated during the 2003 regular session of the legislature,
or such other regular session of the legislature designated by the legis-
lative post audit committee in accordance with the provisions of subsec-
tion (c) of K.S.A. 74-7285, and amendments thereto.

      As used in this section, ``state public safety agency'' shall include the
Kansas bureau of investigation, Kansas highway patrol, adjutant general
and the division of emergency management, the state fire marshal and
other such agencies designated by the legislative post audit committee.

      New Sec.  22. (a) On and after the effective date of this act, all leases
for office space in nonstate-owned buildings and facilities for state officers
and employees shall be negotiated and entered into by the secretary of
administration, or the secretary's designee, in accordance with this section
and the policies and procedures adopted thereunder. The secretary of
administration shall plan and coordinate the leasing of office space in
nonstate-owned buildings and facilities for state officers and employees
of all state agencies. The head of each state agency shall provide infor-
mation to and cooperate with the secretary of administration for the pur-
poses of implementing and administering this section and the policies and
procedures prescribed by the secretary of administration.

      (b) The secretary of administration shall develop and adopt policies
and procedures for centralizing the function of leasing of office space in
nonstate-owned buildings and facilities for state officers and employees
of all state agencies. After June 30, 2000, each existing lease of office
space for state officers and employees in nonstate-owned buildings and
facilities may be renewed or extended only upon approval by the secretary
of administration and in accordance with policies and procedures pre-
scribed by the secretary.

      (c) The secretary of administration may delegate authority to any
state agency to negotiate and enter into leases for office space in nonstate-
owned buildings and facilities for state officers and employees of the state
agency, including renewals or extensions of existing leases, under condi-
tions and procedures prescribed by the secretary in accordance with this
section.

      (d) No lease of office space for state officers and employees in non-
state-owned buildings or facilities, which is for the lease of more than
10,000 net assignable square feet or for a term longer than 24 months,
shall be entered into or approved by the secretary of administration unless
the secretary of administration has first advised and consulted with the
joint committee on state building construction.

      (e) The secretary of administration is hereby authorized to fix, charge
and collect a lease negotiation service fee to recover the costs incurred
by the department in providing lease negotiation services under this sec-
tion. Such fee shall be paid in annual installments over the term of such
lease. Such fees shall be deposited in the state treasury and credited to
the state buildings operating fund.

      (f) Nothing in this section shall be construed as requiring the rene-
gotiation of the terms of any lease in existence on July 1, 2000. At the
request of an agency, the secretary may renegotiate a lease in existence
on July 1, 2000.

 Sec.  23. K.S.A. 46-1109, 74-7286, 74-7295, 74-7296, 74-7297 and 74-
72,101 and K.S.A. 1999 Supp. 74-7285, 74-7288, 74-7289, 74-7290, 74-
7291, 74-7292, 74-7293, 74-7294, 74-7298, 74-7299, 74-72,100, 74-
72,102, 74-72,103, 74-72,104 and 74-72,105 are hereby repealed.
  Sec.  24. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved May 15, 2000.
 Published in the Kansas Register May 25, 2000.
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