CHAPTER 53
SENATE BILL No. 120
An Act concerning school districts; relating to the powers
and duties of the board of ed-
ucation; relating to certain expenditures; amending K.S.A. 72-5126
and 72-6760 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 72-5126 is hereby
amended to read as follows: 72-
5126. (a) The board of education of any school district may enter
into
contracts with:
(1) The governing authority of any
nonpublic school or any child-care
institution for the provision of meals for children in attendance
at such
nonpublic school or child-care institution;
(2) the governing body of any
municipality for the provision of meals
to persons for whom the municipality is responsible for providing
meals;
and
(3) subject to the provisions of K.S.A.
72-5127, and amendments
thereto, any state educational institution or corporation whose
operations
are substantially controlled by a state educational institution for
the pro-
vision of meals for students, alumni and other members of the
public in
attendance at functions or activities of the state educational
institution.;
and
(4) any nonprofit organization for the
provision of food services for
the elderly, sick, homeless or other vulnerable persons.
(b) Any contract entered into by a board
of education pursuant to the
provisions of this section shall provide for payment by the
nonpublic
school, child-care institution, municipality, state
educational institution or
corporation, as applicable, of the costs incurred
by to the district. Such
payment shall not be less than the cost incurred by the
school district.
Moneys received by a school district under any such contract shall
be
deposited in the food service fund of the district and may be
expended
whether budgeted or not.
(c) The provisions contained in article
51 of chapter 72 of Kansas
Statutes Annotated, except the provisions contained in K.S.A.
72-5117
and 72-5118, and amendments thereto, shall apply to meals provided
by
the board of education of a school district under any contract
entered
into pursuant to the provisions of this section.
(d) As used in this section, the
term ``nonpublic school'' means a
nonpublic school approved by the state board of education
for partici-
pation in food service programs defined in K.S.A. 72-5112,
and amend-
ments thereto, the term ``child-care institution'' has the
meaning ascribed
thereto in K.S.A. 72-5124, and amendments thereto, the term
``munici-
pality'' means any county, township, city, or other
political or taxing sub-
division of the state, or any agency, authority,
institution or other instru-
mentality thereof, and the term ``state educational
institution'' has the
meaning ascribed thereto in K.S.A. 76-711, and amendments
thereto:
(1) ``Nonpublic school'' means a
nonpublic school approved by the
state board of education for participation in food service
programs defined
in K.S.A. 72-5112, and amendments thereto;
(2) ``child-care institution'' has the
meaning ascribed thereto in K.S.A.
72-5124, and amendments thereto;
(3) ``municipality'' means any
political or taxing subdivision of the
state and any agency, authority, institution or instrumentality
of a mu-
nicipality; and
(4) ``state educational institution''
has the meaning ascribed thereto
by K.S.A. 76-711, and amendments thereto.
Sec. 2. K.S.A. 72-6760 is hereby
amended to read as follows: 72-
6760. (a) Except as provided by this section and K.S.A. 72-6760b,
no
expenditure involving an amount greater than
$10,000 $20,000 for con-
struction, reconstruction or remodeling or for the purchase of
materials,
goods or wares shall be made by the board of education of any
school
district except upon sealed proposals, and to the lowest
responsible bid-
der.
(b) The provisions of subsection (a) do
not apply to expenditures by
a board of education for the purchase of:
(1) Services;
(2) products required to be purchased
under the provisions of K.S.A.
75-3317 through 75-3322, and amendments thereto;
(3) educational materials directly
related to curriculum and secured
by copyright;
(4) motor fuels required to provide or
furnish transportation;
(5) perishable foods and
foodstuffs required for operation of a school
lunch program food and foodstuffs necessary for
the implementation or
operation of any child nutrition program;
(6) articles or products that are
produced, manufactured or provided
by inmates under the prison-made goods act of Kansas;
(7) natural gas that will be consumed in
buildings owned or operated
by the school district;
(8) materials, goods or wares required
for reconstructing, remodel-
ing, repairing or equipping buildings when such purchase has been
ne-
cessitated by the occurrence of a loss against which the board of
education
has purchased property or casualty insurance; and
(9) materials, goods or wares which are
purchased:
(A) From vendors who have entered into
contracts with the state
director of purchases pursuant to state purchasing statutes for
purchases
by state agencies; and
(B) under the same pricing provisions
established in the state con-
tracts, subject to agreement of the vendor to honor the state
contract
prices; and
(C) under the same pricing provisions
established in federal, national
or other state contracts facilitated by a federal or local
governmental en-
tity or agency, subject to:
(i) Agreement of the vendor to honor
the contract prices; and
(ii) approval by the board of
education for expenditures in an amount
greater than $20,000.
(c) Whenever the board of education of
any school district lets bids
for the purchase of materials, goods or wares and bids are
submitted by
bidders domiciled within the school district and by bidders
domiciled
outside the school district and the low bid is submitted by a
bidder dom-
iciled outside the school district, the school district domiciliary
which
submitted the lowest bid may be deemed the preferred bidder and
awarded the bid if:
(1) The quality, suitability and
usability of the materials, goods or
wares are equal;
(2) the amount of the bid of the school
district domiciliary is not more
than 1% greater than the amount of the low bid; and
(3) the school district domiciliary
agrees to meet the low bid by filing
a written agreement to that effect within 72 hours after receiving
notifi-
cation of being deemed the preferred bidder.
(d) The provisions of subsection (c) do
not apply to expenditures for
construction, reconstruction or remodeling.
Sec. 3. K.S.A. 72-5126 and 72-6760 are hereby
repealed.
Sec. 4. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 14, 2003.
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