CHAPTER 151 HOUSE Substitute for SENATE BILL No. 605 An  Act concerning certain reports by state agencies; amending K.S.A. 44-1408, 46-925,
46-1212c, 66-117b, 75-2566 and 75-3048 and K.S.A. 2001 Supp. 74-5049, 74-50,151,
74-50,152, 74-8004 and 74-8204 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 44-1408 is hereby amended to read as follows: 44-
1408. The secretary shall annually submit a report to the house economic
development new economy committee and the senate commerce com-
mittee detailing the manner in which funds were spent pursuant to K.S.A.
44-1401, et seq., and amendment thereto. Such report shall include the
nature of the work performed by participating youths, the percentage of
funds expended for administrative expenses, findings on the educational,
criminal and occupational disposition of participating youths and an eval-
uation of the program as a whole including a recommendation concerning
continuation of the program. The report to the house new economy com-
mittee and the senate commerce committee under this section shall be
made by the secretary either (a) by publishing such report on the internet
and by notifying each member of the committee that the report is available
and providing, as part of such notice, the uniform resource locator (URL)
at which such report is available, or (b) by submitting copies of such
report on CD-ROM or other electronically readable media to such com-
mittees.

      Sec.  2. K.S.A. 66-117b is hereby amended to read as follows: 66-
117b. The state corporation commission shall report to the legislature in
accordance with this section on or before February 1 each year in regard
to any changed rate, joint rate, toll, charge or classification or schedule
of charges, or any rule or regulation or practice pertaining to the service
or rates of a public utility or common carrier approved by the state cor-
poration commission during the preceding fiscal year. Such report shall
contain statistical and narrative information as the state corporation com-
mission deems appropriate. Such report need not include any information
regarding any public utility or common carrier that had less than ten
million dollars $10,000,000 annual operating revenues in the preceding
calendar year. The report to the legislature under this section shall be
made by the state corporation commission either (a) by publishing such
report on the internet and by notifying the legislature that the report is
available and providing, as part of such notice, the uniform resource lo-
cator (URL) at which such report is available, or (b) by submitting copies
of such report on CD-ROM or other electronically readable media to the
legislature.

      Sec.  3. K.S.A. 46-1212c is hereby amended to read as follows: 46-
1212c. (a) Any report, pamphlet, book or other materials required to be
submitted by a state agency to the legislature or the members thereof
pursuant to K.S.A. 8-1201, 8-1760, 16a-6-104, 19-2674, 20-320, 20-2204,
22-3710, 25-4119a, 40-2309, 44-566a, 44-1004, 46-408, 50-628, 65-176,
65-4007, 72-6011, 72-6111, 72-6814, 74-5503, 74-6203, 74-6706, 75-
3048, 75-3302e, 75-5020, 75-5326, 75-5375, 79-1404, 79-1806 and 79-
4301, and amendments thereto to any of the foregoing sections, or pur-
suant to any other statute, in lieu of such submission, shall be submitted
to the director of legislative administrative services in printed form or in
the form of an electronic copy on a CD-ROM or other electronically read-
able media.

      (b) Notwithstanding the provisions of the sections enumerated in sub-
section (a) or the provisions of any other statute, if a state agency which
publishes any such report, pamphlet, book or other materials makes such
report, pamphlet, book or other materials available to the public on the
internet as provided under K.S.A. 75-3048 and amendments thereto, the
state agency shall not be required to submit such report, pamphlet, book
or other materials to the legislature or members thereof under the sections
enumerated in subsection (a) or to the director of legislative administra-
tive services under this section.

      (c) Upon submission of any such report, pamphlet, book or other
materials to the director of legislative administrative services, the director
shall compile and maintain a current listing thereof and shall make such
listing available at least monthly to each member of the legislature and
the legislative research department. The director, upon request made
therefor by any member of the legislature, shall make available any such
report, pamphlet, book or other materials enumerated on such listing to
such requesting member.

      Sec.  4. K.S.A. 2001 Supp. 74-5049 is hereby amended to read as
follows: 74-5049. (a) In order to insure that the department of commerce
and housing is effectively administering this act, the department shall
cooperate with the standing committee on commerce of the senate, the
standing committee on economic development new economy of the house
of representatives and the joint committee on economic development and
Kansas, Inc., in the performance of an independent performance review
of the activities of the department and the departmental divisions. The
review shall include, but not be limited to: (1) An assessment of the
impacts of the department's programs corresponding to the strategic
plans of the department and the departmental divisions; (2) a comparative
assessment of the relative impact of the department's programs with sim-
ilar programs in other states; and (3) a comparative assessment of the
targeting of the department's programs by size and sector of economic
activity, and by location in different areas of the state. The review shall
be completed or updated at least once every three years.

      (b) On or before October 1, the department shall prepare and publish
an annual report, which shall be made widely available, of its activities
and expenditures for the information of the governor, the standing com-
mittee on commerce of the senate, the standing committee on economic
development new economy of the house of representatives and the joint
committee on economic development, Kansas, Inc., and the public, and
shall, from time to time, submit recommendations to the governor con-
cerning legislation found to be necessary or desirable in effecting the
purposes of this act. The annual report shall include any information
which the department is required to report by law. The annual report
shall specifically account for the ways in which the purposes of the de-
partment and its divisions as described in this act have been achieved,
and the recommendations shall specifically note what changes in the ac-
tivities of the department and its divisions, and of state government are
necessary to better address the purposes described in this act. The annual
report to the standing committee on commerce of the senate, the standing
committee on new economy of the house of representatives and the joint
committee on economic development shall be made by the department
either (1) by publishing such report on the internet and by notifying each
member of the committees that the report is available and providing, as
part of such notice, the uniform resource locator (URL) at which such
report is available, or (2) by submitting copies of such report on CD-ROM
or other electronically readable media to such committees.

      Sec.  5. K.S.A. 2001 Supp. 74-50,151 is hereby amended to read as
follows: 74-50,151. (a) There is hereby created in the state treasury the
Kansas economic opportunity initiatives fund. Subject to acts of the leg-
islature applicable thereto, the moneys in the Kansas economic oppor-
tunity initiatives fund shall be used only for the purposes prescribed by
this section.

      (b) All expenditures made pursuant to this act shall be made in ac-
cordance with appropriations acts upon warrants of the director of ac-
counts and reports issued pursuant to vouchers approved by the governor
or the governor's designee. The governor may approve a warrant upon
certification, by the secretary of commerce and housing, that an economic
emergency or unique opportunity exists which warrant funding for a stra-
tegic economic intervention by such state agency or agencies to address
expenses involved in securing economic benefits or avoiding or remedying
economic losses related to:

      (1) A major expansion of an existing Kansas commercial enterprise;

      (2) the potential location in Kansas of the operations of a major em-
ployer;

      (3) the award of a significant federal or private sector grant which has
a financial matching requirement;

      (4) the departure from Kansas or the substantial reduction of the
operations of a major employer; and

      (5) the closure or the substantial reduction of a major federal or state
institution or facility.

      (c) An intervention strategy may include financial assistance in the
form of grants, loans or both. The department of commerce and housing
shall adopt written guidelines concerning the terms and conditions of any
such loans. However, all repaid funds shall be credited to the Kansas
economic opportunity initiatives fund. No intervention strategy approved
pursuant to this act shall facilitate the moving of an existing Kansas firm
to another location within the state unless such restriction is waived by
the secretary of commerce and housing. Every intervention strategy ap-
proved pursuant to this act shall identify the intended outcomes to be
realized by the strategy for which funding is sought.

      (d) The department of commerce and housing and Kansas, Inc. shall
make joint findings concerning the costs and benefits, on both a local and
statewide basis, of projects proposed pursuant to this act. Prior to allo-
cation of any funds pursuant to this act, the governor shall review the
cost-benefit findings performed on each project.

      (e) The director of the budget and the director of the legislative re-
search department shall consult periodically and review the balance cred-
ited to and the estimated receipts to be credited to the state economic
development initiatives fund during the fiscal year. During any period
when the legislature is not in session, upon a finding by the director of
the budget in consultation with the director of the legislative research
department that the total of the unencumbered balance and estimated
receipts to be credited to the state economic development initiatives fund
during a fiscal year are insufficient to fund the budgeted expenditures
and transfers from the state economic development initiatives fund for
the fiscal year in accordance with the provisions of appropriation acts, the
director of the budget shall make a certification of such finding to the
governor. Upon approval by the governor, the director of accounts and
reports shall transfer the amount of moneys from the Kansas economic
opportunity initiatives fund to the state economic development initiatives
fund that is required, in accordance with a certification by the director
of the budget under this subsection, to fund the budgeted expenditures
and transfers from the state economic development initiatives fund for
the fiscal year in accordance with the provisions of appropriation acts, as
specified by the director of the budget pursuant to such certification.

      (f) On or before the 10th day of each month, the director of accounts
and reports shall transfer from the state general fund to the state eco-
nomic development initiatives fund interest earnings based on:

      (1) The average daily balance of moneys in the Kansas economic op-
portunity initiatives fund for the preceding month; and

      (2) the net earnings rate for the pooled money investment portfolio
for the preceding month.

      (g) A five member panel consisting of the secretary of commerce and
housing, the president of Kansas, Inc., the president of the Kansas tech-
nology enterprise corporation, the private sector chairperson of the board
of Kansas, Inc., and the private sector chairperson of the Kansas tech-
nology enterprise corporation shall review annually the propriety of pro-
jects funded under this section. The panel shall report its findings in
writing to the governor, the economic development new economy com-
mittee of the house of representatives, the senate commerce committee
and the joint committee on economic development. The report to the
new economy committee of the house of representatives, the commerce
committee of the senate and the joint committee on economic development
under this subsection shall be made either (1) by the panel by publishing
such report on the internet and by notifying each member of the com-
mittees that the report is available and providing, as part of such notice,
the uniform resource locator (URL) at which such report is available, or
(2) by submitting copies of such report on CD-ROM or other electroni-
cally readable media to such committees.

      Sec.  6. K.S.A. 2001 Supp. 74-50,152 is hereby amended to read as
follows: 74-50,152. As a part of the annual report required pursuant to
K.S.A. 2001 Supp. 74-5049, and amendments thereto, the secretary of
commerce and housing shall issue a report concerning the use of the fund
to the joint committee on economic development. The secretary's report
shall include a detailed description of how funds were spent, what, if any,
economic benefits were realized from the expenditures and whether the
intended outcomes identified pursuant to subsection (c) of K.S.A. 2001
Supp. 74-50,151 and amendments thereto have been realized. The report
to the joint committee on economic development under this section shall
be made by the secretary either (a) by publishing such report on the
internet and by notifying each member of the joint committee that the
report is available and providing, as part of such notice, the uniform
resource locator (URL) at which such report is available, or (b) by sub-
mitting copies of such report on CD-ROM or other electronically readable
media to the joint committee.

      Sec.  7. K.S.A. 2001 Supp. 74-8004 is hereby amended to read as
follows: 74-8004. (a) In order to achieve its purpose as provided in this
act, Kansas, Inc. shall:

      (1) Serve in an advisory capacity to the governor, the Kansas depart-
ment of commerce and housing and the standing committee on com-
merce of the senate, the standing committee on economic development
new economy of the house of representatives and the joint committee on
economic development.

      (2) Assume central responsibility to develop, with the guidance of
both the private and public sectors, all facets of a comprehensive long
term economic development strategy.

      (3) Coordinate the strategy development with all other state and local
agencies and offices and state educational institutions which do research
work, develop materials and programs, gather statistics, or which perform
functions related to economic development; and such state and local
agencies and offices and state educational institutions shall advise and
cooperate with Kansas, Inc. in the planning and accomplishment of the
strategy.

      (4) Evaluate and analyze the state's economy to guide the direction
of future public and private actions, and report and make recommenda-
tions to the governor, the department of commerce and housing, and the
standing committee on commerce of the senate, the standing committee
on economic development new economy of the house of representatives
and the joint committee on economic development with respect to the
state's economy. The report to the committee on commerce of the senate,
the committee on new economy of the house of representatives and the
joint committee on economic development under this subsection shall be
made by Kansas, Inc., either (A) by publishing such report on the internet
and by notifying each member of the committees that the report is avail-
able and providing, as part of such notice, the uniform resource locator
(URL) at which such report is available, or (B) by submitting copies of
such report on CD-ROM or other electronically readable media to such
committees.

      (5) Oversee and evaluate the state's economic development activities
on an ongoing basis through the establishment of goals, priorities per-
formance standards and the periodic program audit of those goals, pri-
orities and performance standards.

      (6) Oversee the implementation of the state's economic development
plan and monitor updates of that plan.

      (7) Provide appropriate oversight to ensure the successful implemen-
tation of Kansas venture capital, Inc.

      (8) Oversee the targeting of scarce state resources by size and sector
of economic activity and by geographic location within the state in order
to enhance the state's potential comparative economic advantages.

      (9) Review and evaluate the annual reports of the department of com-
merce and housing, Kansas technology enterprise corporation and Kansas
venture capital, Inc. Kansas, Inc., shall transmit recommendations con-
cerning the agencies' activities to the governor and the legislature no later
than September 1 of each year.

      (b) Kansas, Inc., shall seek advice from the general public and from
professional associations, academic groups and institutions and individuals
with knowledge of and interest in areas of economic development and
planning.

      (c) The department of commerce and housing and all other inter-
ested state agencies shall cooperate with Kansas, Inc., in providing infor-
mation and other assistance as may be requested for the performance of
its duties with respect to the state's economic development plan.

      Sec.  8. K.S.A. 2001 Supp. 74-8204 is hereby amended to read as
follows: 74-8204. (a) Kansas Venture Capital, Inc., shall prepare and pub-
lish an annual report of its activities for the information of the governor,
the standing committee on commerce of the senate, the standing com-
mittee on economic development new economy of the house of repre-
sentatives and the joint committee on economic development, securities
commissioner of Kansas, attorney general, Kansas, Inc., and the public
which shall be made widely available and shall specifically account for:

      (a) (1) The manner in which the purpose as described in this act has
been carried out by Kansas Venture Capital, Inc.;

      (b) (2) the total investments made annually by Kansas Venture Cap-
ital, Inc., in Kansas businesses. ;

      (c) (3) an estimate of jobs created and jobs preserved by investments
by Kansas Venture Capital, Inc., in Kansas businesses. ;

      (d) (4) an estimate of the multiplier effect on the Kansas economy of
investments by Kansas Venture Capital, Inc., in Kansas businesses. ; and

      (e) (5) an analysis of the targeting of scarce resources by Kansas Ven-
ture Capital, Inc., by size, sector and location to enterprises of particular
need and opportunity.

      (b) The report to the standing committee on commerce of the senate,
the standing committee on new economy of the house of representatives
and the joint committee on economic development under this section shall
be made by Kansas Venture Capital, Inc., either (1) by publishing such
report on the internet and by notifying each member of the committees
that the report is available and providing, as part of such notice, the
uniform resource locator (URL) at which such report is available, or (2)
by submitting copies of such report on CD-ROM or other electronically
readable media.

      Sec.  9. K.S.A. 46-925 is hereby amended to read as follows: 46-925.
Any payment made pursuant to this act shall be reported to the director
of accounts and reports along with appropriate documentation thereof of
the payment as may be required by such director. Upon request of any
legislator, legislative committee or the legislative research department or
other legislative staff agency, the director of accounts and reports shall
compile and maintain a report of all such payments and shall submit the
same to the committee on ways and means of the senate and the com-
mittee on appropriations of the house of representatives and to the joint
committee on special claims against the state at least 10 days prior to the
convening of the regular session of the legislature provide to such legis-
lator, committee or agency a report concerning all payments made pur-
suant to this act.

      Sec.  10. K.S.A. 75-2566 is hereby amended to read as follows: 75-
2566. (a) The state librarian is hereby authorized and directed to establish,
operate and maintain a publication collection and depository system as
provided in this act.

      (b) Each state agency shall deposit with the Kansas state library cop-
ies and the state historical society one printed copy of any publication
issued by such state agency in such. If more copies are needed, the state
librarian shall request the specified quantity as shall be specified by the
state librarian.

      (c) The state librarian shall forward two (2) copies of all such
publications to the library of congress, one copy to the state historical
society, one copy to the center for research libraries and one copy or
more copies shall be retained permanently in the Kansas state library.
Additional copies, as may be prescribed by rule and regulation, may be
required for the depository system.

      Sec.  11. K.S.A. 75-3048 is hereby amended to read as follows: 75-
3048. (a) Each state agency may have printed such reports, pamphlets,
books and material as pertain to its activity and which are within the terms
of a specific legislative authorization or appropriation, except that a state
agency which makes such reports, pamphlets, books or material available
to the public on the internet for a period of at least 12 months following
the publication of such material is not required to print copies of such
reports, pamphlets, books or material so long as the state agency retains
an electronic copy of such report, pamphlet, book or material in the ar-
chives of the agency for historical purposes. If a state agency is required
by law to provide a report, pamphlet, book or other material to another
state agency or state official and the state agency makes such report,
pamphlet, book or other material available to the public on the internet
for a period of at least 12 months following the publication of such ma-
terial, in lieu of providing such report, pamphlet, book or other material
the state agency shall notify such other state agency or state official that
the report, pamphlet, book or other material is available on the internet
or by electronic mail. A state agency may provide any such report, pam-
phlet, book or other material by submitting printed copies or copies on
CD-ROM.

      (b) Notwithstanding what the provisions of subsection (a) may pro-
vide or the provisions of any other statute, each state agency which pro-
duces a report, pamphlet, book or material available to the public on the
internet shall notify and provide a printed copy to the Kansas state library
and the state historical society.

      (c) If copies are printed by the state agency, or the copies are on CD-
ROM at least one shall be a printed copy of each publication and it shall
be delivered to the governor, state librarian, and the secretary of the state
historical society and the secretary of the legislative coordinating council
and a copy shall be mailed or delivered to each member of the legislature.
Printed copies or copies on CD-ROM of such publication shall be sub-
mitted to the legislature or the members thereof in accordance with K.S.A.
46-1212c, and amendments thereto. Printed copies or copies on CD-ROM
of such publication shall be sold at approximately the cost of printing the
same and the amount received therefrom shall be placed in the state
treasury and credited to the fee fund of such agency, if it has a fee fund,
and if not, to the general fund of the state except that research, industrial,
agricultural and educational matter of general concern to the people of
Kansas may be distributed without charge. 
Sec.  12. K.S.A. 44-1408, 46-925, 46-1212c, 66-117b, 75-2566 and 75-
3048 and K.S.A. 2001 Supp. 74-5049, 74-50,151, 74-50,152, 74-8004 and
74-8204 are hereby repealed.
 Sec.  13. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 17, 2002.
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