CHAPTER 149
HOUSE BILL No. 2017
An Act concerning certain authorities and departments;
prescribing certain powers, duties
and functions for the secretary of administration; authorizing
certain procedures with
respect to property of state agencies relating to certain surplus
real estate and change
orders or changes in plans for capital improvements of state
agencies; concerning mem-
bership of the capitol area plaza authority; amending K.S.A.
75-1264, 75-2237, 75-3351,
75-3352 and 76-833 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) When used in
this section, ``surplus real estate''
means real estate which is no longer needed by the state agency
which
owns such real estate.
(b) The secretary of administration shall
develop criteria for the iden-
tification of surplus real estate. In accordance with such
criteria, the sec-
retary shall assist state agencies in the identification of surplus
real estate.
The secretary of administration shall develop
guidelines for the sale
of surplus real estate. In accordance with such guidelines and upon
the
written consent of the head of the state agency which owns such
surplus
real estate, the secretary may offer such property for sale by one
of the
following means: (1) Public auction; (2) by listing the surplus
property
with a licensed real estate broker or salesperson; or (3) by sealed
bid.
Subject to the approval of the state finance council as required by
sub-
section (c), the secretary of administration may sell surplus real
estate
and any improvements thereon on behalf of the state agency which
owns
such property.
(c) Prior to the sale of any surplus real
estate under subsection (b),
the state finance council shall approve the sale, which is hereby
charac-
terized as a matter of legislative delegation and subject to the
guidelines
prescribed in subsection (c) of K.S.A. 75-3711, and amendments
thereto.
The matter may be submitted to the state finance council for
approval at
any time, including periods of time during which the legislature is
in
session.
(d) Prior to offering any real estate for
sale, such property shall be
appraised pursuant to K.S.A. 75-3043a, and amendments thereto.
The
costs of such appraisal may be paid from the proceeds of the
sale.
(e) Conveyance of title in surplus real
estate offered for sale by the
secretary of administration shall be executed on behalf of the
state agency
by the secretary of administration. The deed for the conveyance may
be
by warranty deed or by quitclaim deed as determined to be in the
best
interests of the state by the secretary of administration in
consultation
with the head of the state agency which owns the surplus real
estate.
(f) Any proceeds from the sale of surplus
real estate and any im-
provements thereon, after deduction of the expenses of such sale
and the
cost of the appraisal of the surplus real estate, shall be
deposited in the
state treasury and credited to the state general fund unless
otherwise
authorized by law.
The amount of expenses and the cost of
appraisal for each sale of
surplus real estate pursuant to this section shall be transferred
and cred-
ited to the property contingency fund created under K.S.A. 75-3652,
and
amendments thereto, and may be expended for any operations of
the
department administration.
(g) Any sale of property by the secretary
of transportation pursuant
to K.S.A. 68-413, and amendments thereto, shall not be subject to
the
provisions of this section.
Sec. 2. K.S.A. 75-1264 is hereby
amended to read as follows: 75-
1264. (a) The secretary of administration shall issue monthly
reports of
progress and advise, consult with and cooperate with the joint
committee
on state building construction.
(b) Change orders or changes in plans
involving cost increases of less
than $25,000 $75,000 and any change order
or change in plans involving
a cost reduction, other than a change in the proposed use of any
new or
remodeled building, may be authorized or approved by the secretary
of
administration without prior consultation with the joint committee
on
state building construction. The secretary of administration shall
report
to the joint committee on state building construction all action
relating
to such change orders or changes in plans.
(c) No change order or change in plans
involving any cost increases
of $25,000 or more of $75,000 or more and
no change in the proposed
use of any new or remodeled building shall be authorized or
approved
by the secretary of administration without having first advised and
con-
sulted with the joint committee on state building construction.
(d) (1) If the secretary of
administration determines that it is in the
best interest of the state to authorize or approve a change
order, a change
in plans or a change in the proposed use of any new or remodeled
building
that the secretary is required by this section to first advise
and consult
with the joint committee on state building construction prior to
issuing
such approval and if no meeting of the joint committee is
scheduled to
take place within the next 10 business days, then the secretary
may use
the procedure authorized by this subsection in lieu of advising
and con-
sulting with the joint committee at a meeting. In any such case,
the sec-
retary of administration shall mail a summary description of the
proposed
change order, change in plans or change in the proposed use of
any new
or remodeled building to each member of the joint committee on
state
building construction and to the director of the legislative
research de-
partment. Each such summary description shall include a notice
speci-
fying the date it was mailed.
(2) After receiving any such summary
description, each member shall
review the information about the proposed change order, change
in plans
or change in proposed use and may request a presentation and
review of
the proposed change order, change in plans or change in proposed
use at
a meeting of the joint committee. If two or more members of the
joint
committee contact the director of the legislative research
department
within seven business days of the date specified in the summary
descrip-
tion and request such presentation and review, then the director
of the
legislative research department shall notify the secretary of
administration
and the chairperson of the joint committee that a meeting has
been re-
quested for such presentation and review. Upon receiving such
notifica-
tion, the chairperson shall call a meeting of the joint
committee as soon
as practicable for the purpose of such presentation and review
and shall
furnish the secretary of administration with notice of the time,
date and
place of the meeting. In any such case, the secretary of
administration
shall not authorize or approve such proposed change order,
change in
plans or change in proposed use without having first advised and
con-
sulted with the joint committee at a meeting.
(3) If less than two members of the
joint committee contact the di-
rector of the legislative research department within seven
business days
of the date the summary description was mailed and request a
presenta-
tion and review of any such proposed change order, change in
plans or
change in use at a meeting of the joint committee, then the
secretary of
administration shall be deemed to have advised and consulted
with the
joint committee about such proposed change order, change in
plans or
change in proposed use and may authorize or approve such
proposed
change order, change in plans or change in proposed use.
Sec. 3. K.S.A. 75-3351 is hereby
amended to read as follows: 75-
3351. The secretary of social and rehabilitation
services administration
is hereby authorized to sell and convey on behalf of the state of
Kansas
in the manner hereinafter provided the following described land
situated
in the county of Mitchell, State of Kansas:
A tract of land commencing at the Northeast
corner of the Northeast
Quarter of Section Four (4), Township Seven (7) South, Range Seven
(7)
West of the 6th P.M.; thence Westerly on the section line
approximately
927 feet; thence Southerly 548.3 feet; thence Westerly to the U.S.
High-
way 24 Right-of-Way line; thence along said Right-of-Way line
south-
easterly to the South line of the Northeast one-fourth (NE 1/4) of
the
Northeast one-fourth (NE 1/4) of the above cited section; thence
Easterly
along such line to the Southeast corner of the Northeast one-fourth
(NE
1/4) of the Northeast one-fourth (NE 1/4) of above cited section;
thence
Northerly along the section line to the point of beginning.
Sec. 4. K.S.A. 75-3352 is hereby
amended to read as follows: 75-
3352. (a) Before any property shall be
is sold under the provisions of
this act, the real estate described in K.S.A. 75-3351 and
amendments
thereto shall be appraised by three (3)
disinterested appraisers acquainted
with land values in the county in which such land is located and
appointed
as provided in K.S.A. 75-3043a. Such appraisement
and amendments
thereto. The appraisal shall be in writing and filed with
the secretary, and
the cost of the appraisement appraisal
shall be paid from the proceeds
of the sale.
(b) Upon the filing of such
appraisement appraisal the secretary of
social and rehabilitation services
administration shall advertise for
sealed
bids on proceed to sell the real estate
described in K.S.A. 75-3351 for not
less than three consecutive weeks by publications in a
newspaper of gen-
eral circulation in Mitchell county, Kansas, and authorized
by law to pub-
lish legal notices and amendments thereto in
accordance with this section.
Such sale shall be made to the highest responsible bidder
whose bid is
submitted within thirty (30) days after the last
publication of such notice,
except that said secretary may reject any and all bids, and
in case all bids
are rejected, bids may be called for again as in first
instance. Each bid
shall be accompanied by a certified check in the amount of
five percent
(5%) of such bid which sum shall be forfeited in case of
default by any
bidder whose bid is accepted. In no event shall such real
estate be sold
for less than the appraisement thereof. Upon acceptance of
any such bid,
a deed conveying such real estate shall be executed by the
secretary, and
duly acknowledged by him or her before an officer
authorized by law to
take acknowledgments. Said deed shall contain a recital of
all proceedings
in compliance with this act, and said recital shall be
prima facie evidence
that said proceedings were had in the manner and form
recited. Such
deed shall be approved as to form by the attorney general.
When such
real estate shall be so sold, The secretary of
administration shall develop
and adopt procedures for the sale of the real estate described
in K.S.A.
75-3351 and amendments thereto. The procedures adopted for such
sale
may prescribe competitive bidding procedures, public auction,
public re-
quests for proposals and negotiation with interested parties or
such other
process as may be deemed by the secretary of administration to
be in the
best interests of the state in consultation with the
commissioner of juvenile
justice. The procedures may include provisions for bid bonds or
such other
sureties as may be required thereunder.
(c) Conveyance of title in such real
estate offered for sale by the
secretary of administration in accordance with this section
shall be exe-
cuted on behalf of the state of Kansas by the secretary of
administration.
The deed for the conveyance may be by warranty deed or by
quitclaim
deed as determined to be in the best interests of the state by
the secretary
of administration in consultation with the commissioner of
juvenile justice.
(d) The proceeds
thereof of the sale of such real estate under
this
section, after deduction of the expenses of such sale and
the cost of the
appraisement appraisal of the real estate,
shall be paid into deposited in
the state treasury and credited to the state general fund. The
amount
deducted for the expenses of such sale and the cost of the
appraisal shall
be credited to the property contingency fund of the department
of ad-
ministration.
Sec. 5. K.S.A. 75-2237 is hereby
amended to read as follows: 75-
2237. There is hereby created the capitol area plaza authority, a
body
politic and corporate, hereinafter referred to as the authority.
The au-
thority is hereby constituted a public instrumentality, and the
exercise by
the authority of the powers conferred on it by this act shall be
deemed
and held to be the performance of an essential state governmental
func-
tion. The authority shall be the successor in every way to all of
the rights,
powers, duties and obligations of the capitol area planning
commission.
The authority shall have 11
13 members who shall be as follows:
(a) One member shall be a member of the
house of representatives
appointed by the speaker.
(b) One member shall be a senator
appointed by the president of
the senate.
(c) One member shall be a member of
the house of representatives
appointed by the minority leader of the house of
representatives.
(d) One member shall be a senator
appointed by the minority leader
of the senate.
(c) (e) One
member shall be the secretary of administration.
(d) (f) One
member shall be a person representative of the city gov-
ernment of Topeka appointed by the mayor thereof.
(e) (g) One
member shall be a person experienced in land use plan-
ning appointed by the governor.
(f) (h) One
member shall be the judicial administrator of the courts.
(g) (i) The
remaining members shall be appointed by the governor
and shall have such qualifications as the governor may deem
appropriate.
Members serving on the authority ex officio
shall serve for terms con-
current with the office each holds. The appointive members shall
serve
for terms of four years, except that the members of the capitol
area plan-
ning commission immediately prior to the effective date of this act
who
were appointed by the governor shall serve as members of the
capitol
area plaza authority, and any unexpired portions of their
respective terms
of office as members of the commission shall be included in their
terms
of office as original members of the authority. Subsequent
appointments
shall be made as provided for original appointments, and any
vacancy in
the office of an appointed member shall be filled in the same
manner as
for original appointments for the unexpired terms. Subject to the
provi-
sions of K.S.A. 75-4315c and amendments thereto, the members
of the
authority appointed by the governor shall be so selected that all
congres-
sional districts of the state are represented on the authority.
New Sec. 6. (a) Any research
foundation is authorized to initiate and
complete capital improvement projects on state-owned property of
the
state educational institution that the research foundation is
organized and
operated to benefit if the capital improvement projects have
received
prior approval by the state board of regents and the plans and
specifica-
tions for such capital improvement projects have received prior
approval
by the secretary of administration. Each such capital improvement
project
shall be totally financed from nonstate moneys of the research
foundation.
The buildings and facilities constructed and the repairs,
remodeling and
renovations of state buildings and facilities conducted under such
capital
improvement projects shall become the property of the state of
Kansas
upon completion and acceptance by the secretary of administration.
No
such capital improvement project shall be approved by the state
board of
regents without having first advised and consulted with the joint
com-
mittee on state building construction.
(b) As used in this section:
(1) ``Capital improvement project'' means
a project to construct one
or more buildings or facilities for a state educational institution
or to
repair, remodel or renovate one or more state buildings or
facilities of a
state educational institution and, in any such case, which has a
total cost
of $1,000,000 or less;
(2) ``research foundation'' means any
not-for-profit research foun-
dation organized and operated for the primary purpose of
encouraging,
fostering and conducting scholarly investigation and other types of
re-
search for the benefit of a state educational institution;
(3) ``nonstate moneys'' means moneys
received from any source ex-
cept the state of Kansas or any agency thereof; and
(4) ``state educational institution'' has
the meaning ascribed thereto
by K.S.A. 76-711 and amendments thereto.
Sec. 7. K.S.A. 76-833 is hereby
amended to read as follows: 76-833.
(a) As used in this act: section,
(1) ``Capital improvement project'' means
a project which has a total
cost of $500,000 $1,000,000 or
less.;
(2) ``private moneys'' means moneys from
nongovernmental sources.;
and
(3) ``state educational institution''
has the meaning ascribed thereto
by K.S.A. 76-711 and amendments thereto.
(b) The university of
Kansas medical center Each state educational
institution is authorized to construct buildings and
facilities on state-
owned property of the university of Kansas medical
center state educa-
tional institution from private moneys granted or given to
such institution
if the capital improvement projects for such buildings and
facilities have
received prior approval by the state board of regents and the plans
and
specifications for such projects have received prior approval by
the sec-
retary of administration. Such capital improvement projects shall
be in-
spected by the division of architectural services. Such capital
improve-
ment projects financed totally from private moneys shall be exempt
from
the provisions of K.S.A. 75-3739, 75-3740, 75-3740a, 75-3741,
75-3741a,
75-3741b, 75-3742, 75-3743 and 75-3744, and amendments thereto.
Such
capital improvement projects shall be totally financed from private
mon-
eys and the buildings and facilities constructed shall become the
property
of the state of Kansas upon completion and acceptance by the
secretary
of administration. No such capital improvement project for a
building or
facility shall be approved by the state board of regents without
having
first advised and consulted with the joint committee on state
building
construction.
(c) The university of Kansas
medical center Each state educational
institution is authorized to repair, remodel or renovate
state buildings
and facilities of the university of Kansas medical
center state educational
institution from private moneys granted or given to such
institution if the
capital improvement projects for such repairs, remodeling or
renovations
have received prior approval by the state board of regents and the
plans
and specifications of such projects have received prior approval by
the
secretary of administration. Such capital improvement projects
shall be
inspected by the division of architectural services. Such capital
improve-
ment projects financed totally from private moneys shall be exempt
from
the provisions of K.S.A. 75-3739, 75-3740, 75-3740a, 75-3741,
75-3741a,
75-3741b, 75-3742, 75-3743 and 75-3744, and amendments thereto.
Such
capital improvement projects shall be totally financed from private
mon-
eys and the improvements shall become the property of the state of
Kan-
sas upon completion and acceptance by the secretary of
administration.
No such capital improvement project to repair, remodel or renovate
any
such state building or facility shall be approved by the state
board of
regents without having first advised and consulted with the joint
com-
mittee on state building construction.
(d) The provisions of this
section shall expire on June 30, 2001.
Sec. 8. K.S.A. 75-1264, 75-2237, 75-3351, 75-3352
and 76-833 are
hereby repealed.
Sec. 9. 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 June 1, 2000.
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