History: L. 1939, ch. 202, § 1; L. 1947, ch. 425, § 1; L. 1949, ch. 446, § 1; L. 1953, ch. 391, § 2; Repealed, L. 1973, ch. 368, § 4; July 1.
History: L. 1953, ch. 391, § 1; Repealed, L. 1973, ch. 368, § 4; July 1.
History: L. 1949, ch. 446, § 2; L. 1963, ch. 428, § 1; L. 1969, ch. 226, § 7; Repealed, L. 1973, ch. 368, § 4; July 1.
History: L. 1949, ch. 446, § 3; L. 1957, ch. 451, § 1; Repealed, L. 1973, ch. 368, § 4; July 1.
History: L. 1949, ch. 446, § 4; Repealed, L. 1953, ch. 391, § 35; April 3.
History: L. 1949, ch. 446, § 5; L. 1953, ch. 391, § 3; L. 1973, ch. 369, § 38; Repealed, L. 1980, ch. 272, § 13; July 1.
History: L. 1949, ch. 446, § 6; L. 1953, ch. 391, § 4; L. 1961, ch. 418, § 1; L. 1974, ch. 348, § 91; L. 1975, ch. 416, § 20; L. 1975, ch. 462, § 118; L. 1985, ch. 280, § 1; Repealed, L. 1990, ch. 92, § 35; Jan. 1, 1991.
History: L. 1949, ch. 446, § 7; L. 1953, ch. 391, § 5; L. 1961, ch. 418, § 2; L. 1973, ch. 369, § 39; L. 1985, ch. 280, § 2; Repealed, L. 1990, ch. 92, § 35; Jan. 1, 1991.
(1) Be the executive and administrative officer of mental health and developmental disabilities;
(2) be directly responsible for carrying out all the general policies of the secretary and the duties of the department of social and rehabilitation services relating to the management, operation and maintenance of the institutions operated by the commissioner, and the treatment, education, care and housing of the patients and residents in the institutions and the recruitment and training of the staff for the institutions;
(3) cooperate with the commissioners of adult and youth services for the purpose of coordinating the various social services with the work and programs of the institutions in accordance with policies established by the secretary;
(4) have, and may exercise, such other powers and perform such other duties as the secretary shall confer or impose upon the commissioner.
In case there is any apparent conflict between the powers of the superintendents or acting superintendents, and the powers of the secretary or the commissioner, the determination of such question by the secretary shall be final.
History: L. 1949, ch. 446, § 8; L. 1953, ch. 391, § 6; L. 1963, ch. 429, § 1; L. 1973, ch. 369, § 20; L. 1979, ch. 287, § 1; L. 1982, ch. 357, § 23; L. 1995, ch. 234, § 23; Jan. 1, 1996.
History: L. 1957, ch. 346, § 1; L. 1973, ch. 369, § 40; L. 1975, ch. 462, § 119; L. 1995, ch. 234, § 24; Jan. 1, 1996.
History: L. 1939, ch. 202, § 4; L. 1949, ch. 446, § 9; L. 1953, ch. 391, § 7; L. 1973, ch. 369, § 41; July 1.
History: L. 1961, ch. 403, § 1; L. 1973, ch. 369, § 42; July 1.
History: L. 1967, ch. 468, § 1; July 1.
History: L. 1939, ch. 202, § 5; L. 1949, ch. 446, § 10; L. 1953, ch. 391, § 8; Repealed, L. 1967, ch. 434, § 69; July 1.
It shall be the duty of the secretary of social and rehabilitation services to have available in all intake offices, during all office hours, forms for filing complaints for hearings, and appeal forms with which to appeal from the decision of the agent or employee of the secretary. The forms shall be prescribed by the secretary of social and rehabilitation services and shall have printed on or as a part of them the basic procedure for hearings and appeals prescribed by state law and the secretary of social and rehabilitation services.
(b) The secretary of social and rehabilitation services shall have authority to investigate (1) any claims and vouchers and persons or businesses who provide services to the secretary of social and rehabilitation services or to welfare recipients, (2) the eligibility of persons to receive assistance and (3) the eligibility of providers of services.
(c) The secretary of social and rehabilitation services shall have authority, when conducting investigations as provided for in this section, to issue subpoenas; compel the attendance of witnesses at the place designated in this state; compel the production of any records, books, papers or other documents considered necessary; administer oaths; take testimony; and render decisions. If a person refuses to comply with any subpoena issued under this section or to testify to any matter regarding which the person may lawfully be questioned, the district court of any county, on application of the secretary, may issue an order requiring the person to comply with the subpoena and to testify, and any failure to obey the order of the court may be punished by the court as a contempt of court. Unless incapacitated, the person placing a claim or defending a privilege before the secretary shall appear in person or by authorized representative and may not be excused from answering questions and supplying information, except in accordance with the person's constitutional rights and lawful privileges.
(d) The presiding officer may close any portion of a hearing conducted under the Kansas administrative procedure act when matters made confidential, pursuant to federal or state law or regulation are under consideration.
(e) Except as provided in subsection (d) of K.S.A. 77-511 and amendments thereto and notwithstanding the other provisions of the Kansas administrative procedure act, the secretary may enforce any order prior to the disposition of a person's application for an adjudicative proceeding unless prohibited from such action by federal or state statute, regulation or court order.
(f) Except as provided in this subsection, decisions and final actions relating to the administration of the support enforcement program set forth in K.S.A. 39-753 et seq. and amendments thereto shall be exempt from the provisions of the Kansas administrative procedure act and subsection (a). Decisions and final actions relating to the support enforcement program may be reviewed pursuant to this section if the decision or final action relates directly to federal debt set-off activities or the person is specifically permitted by statute to request a fair hearing under this section.
(g) Decisions relating to administrative disqualification hearings shall be exempt from the provisions of the Kansas administrative procedure act and subsection (a).
(h) The department of social and rehabilitation services shall not have jurisdiction to determine the facial validity of a state or federal statute. An administrative law judge from the office of administrative hearings shall not have jurisdiction to determine the facial validity of an agency rule and regulation.
(i) The department of social and rehabilitation services shall not be required to provide a hearing if: (1) The department of social and rehabilitation services lacks jurisdiction of the subject matter; (2) resolution of the matter does not require the department of social and rehabilitation services to issue an order that determines the applicant's legal rights, duties, privileges, immunities or other legal interests; (3) the matter was not timely submitted to the department of social and rehabilitation services pursuant to regulation or other provision of law; or (4) the matter was not submitted in a form substantially complying with any applicable provision of law.
History: L. 1939, ch. 202, § 6; L. 1947, ch. 425, § 7; L. 1949, ch. 447, § 1; L. 1972, ch. 325, § 1; L. 1973, ch. 186, § 33; L. 1984, ch. 320, § 1; L. 1988, ch. 356, § 302; L. 1989, ch. 283, § 21; L. 1997, ch. 182, § 77; L. 1997, ch. 182, § 91; July 1, 1998.
History: L. 1939, ch. 202, § 7; L. 1949, ch. 446, § 11; L. 1953, ch. 375, § 65; L. 1963, ch. 254, § 1; L. 1969, ch. 425, § 1; L. 1972, ch. 326, § 1; L. 1973, ch. 369, § 31; L. 1973, ch. 370, § 1; July 1.
History: L. 1963, ch. 254, § 2; Repealed, L. 1973, ch. 369, § 51; July 1.
(1) The licensing, certification or accrediting of private hospitals as suitable for the detention, care or treatment of mentally ill persons, and the withdrawal of licenses granted for causes shown;
(2) the forms to be observed relating to the hospitalization, admission, transfer, custody and discharge of patients;
(3) the visitation and inspection of psychiatric hospitals and of all persons detained therein;
(4) the setting of standards, the inspection and the licensing of all community mental health centers which receive or have received any state or federal funds, and the withdrawal of licenses granted for causes shown;
(5) the setting of standards, the inspection and licensing of all facilities for persons with mental illness, developmental disabilities or other persons with disabilities receiving assistance through the department of social and rehabilitation services which receive or have received after June 30, 1967, any state or federal funds, or facilities where persons with mental illness or developmental disabilities reside who require supervision or require limited assistance with the taking of medication, and the withdrawal of licenses granted for causes shown. The secretary may adopt rules and regulations that allow the facility to assist a resident with the taking of medication when the medication is in a labeled container dispensed by a pharmacist. No license for a residential facility for eight or more persons may be issued under this paragraph unless the secretary of health and environment has approved the facility as meeting the licensing standards for a lodging establishment under the food service and lodging act. No license for a residential facility for the elderly or for a residential facility for persons with disabilities not related to mental illness or developmental disability, or both, or related conditions shall be issued under this paragraph;
(6) reports and information to be furnished to the secretary by the superintendents or other executive officers of all psychiatric hospitals, community mental health centers or facilities for persons with developmental disabilities and facilities serving other persons with disabilities receiving assistance through the department of social and rehabilitation services.
(b) An entity holding a license as a community mental health center under paragraph (4) of subsection (a) on the day immediately preceding the effective date of this act, but which does not meet the definition of a community mental health center set forth in this act, shall continue to be licensed as a community mental health center as long as the entity remains affiliated with a licensed community mental health center and continues to meet the licensing standards established by the secretary.
(c) Notwithstanding the existence or pursuit of any other remedy, the secretary of social and rehabilitation services, as the licensing agency, in the manner provided by the act for judicial review and civil enforcement of agency actions, may maintain an action in the name of the state of Kansas for injunction against any person or facility to restrain or prevent the operation of a psychiatric hospital, community mental health center or facility for persons with mental illness, developmental disabilities or other persons with disabilities operating without a license.
(d) The secretary of social and rehabilitation services shall license and inspect any facility or provider of residential services which serves two or more residents who are not self-directing their services and which is subject to licensure under subsection (a)(5) of this section, unless the provider of services is already licensed to provide such services.
History: L. 1963, ch. 254, § 5; L. 1965, ch. 468, § 1; L. 1969, ch. 403, § 1; L. 1972, ch. 228, § 15; L. 1973, ch. 369, § 43; L. 1976, ch. 384, § 1; L. 1976, ch. 243, § 44; L. 1979, ch. 191, § 17; L. 1984, ch. 321, § 2; L. 1985, ch. 208, § 9; L. 1986, ch. 324, § 2; L. 1995, ch. 143, § 6; L. 2005, ch. 160, § 1; July 1.
History: L. 1984, ch. 321, § 1; July 1.
History: L. 1949, ch. 446, § 12; Repealed, L. 1973, ch. 368, § 4; July 1.
History: L. 1939, ch. 202, § 9; Repealed, L. 1973, ch. 368, § 4; July 1.
History: L. 1945, ch. 346, § 1; Repealed, L. 1968, ch. 316, § 1; July 1.
History: L. 1947, ch. 269, § 1; L. 1949, ch. 448, § 1; April 9.
History: L. 1949, ch. 278, § 1; L. 1951, ch. 455, § 1; Repealed, L. 1953, ch. 392, § 7; July 1.
History: L. 1949, ch. 278, § 2; Repealed, L. 1953, ch. 392, § 7; July 1.
History: L. 1951, ch. 461, § 1; L. 1965, ch. 468, § 2; L. 1973, ch. 369, § 44; L. 1995, ch. 234, § 25; Jan. 1, 1996.
Said sale shall be made to the highest responsible bidder who submits his or her bid within thirty days after publication of such notice, except that in no case shall said real estate be sold for less than three-fourths of the appraised value thereof. The secretary may reject any and all bids, and, in any case, new bids may be called for as in the first instance. When a bid has been accepted, the acceptance thereof shall be made a part of the records of the secretary. 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 any officer authorized by law to take acknowledgements. 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.
History: L. 1951, ch. 461, § 2; L. 1973, ch. 369, § 45; July 1.
History: L. 1951, ch. 461, § 3; L. 1955, ch. 369, § 1; L. 1973, ch. 369, § 46; July 1.
(a) "Director of purchases" means the director of purchases of the department of administration;
(b) "qualified vendor" means a not-for-profit entity incorporated in the state of Kansas that:
(1) Primarily employs the blind or disabled;
(2) is operated in the interest of and for the benefit of the blind or persons with other severe disabilities, or both;
(3) the net income of such entity shall not, in whole or any part, financially benefit any shareholder or other individual; and
(4) such qualified vendor's primary purpose shall be to provide employment for persons who are blind or have other severe disabilities;
(c) "state agency" means any state office or officer, department, board, commission, institution, bureau or any agency, division or any unit within an office, department, board, commission or other state authority;
(d) "unified school district" means any unified school district, board of education or any purchasing cooperative formed by one or more unified school districts;
(e) "committee" means the state use law committee authorized pursuant to K.S.A. 2007 Supp. 75-3322c, and amendments thereto.
History: L. 1953, ch. 392, § 1; L. 1972, ch. 327, § 1; L. 1979, ch. 288, § 1; L. 1980, ch. 272, § 2; L. 1982, ch. 358, § 1; L. 1985, ch. 281, § 1; L. 1988, ch. 301, § 24; L. 2005, ch. 193, § 1; July 1.
History: L. 1953, ch. 392, § 1; L. 1972, ch. 327, § 1; L. 1979, ch. 288, § 1; L. 1980, ch. 272, § 2; L. 1982, ch. 358, § 1; L. 1985, ch. 281, § 1; L. 1988, ch. 301, § 24; L. 2005, ch. 188, § 1; Repealed, L. 2006, ch. 129, § 3; April 27.
History: L. 1953, ch. 392, § 2; L. 1972, ch. 327, § 2; L. 1974, ch. 348, § 92; L. 1975, ch. 416, § 21; L. 1979, ch. 288, § 2; Repealed, L. 1988, ch. 301, § 33; July 1.
(b) Each qualified vendor shall cooperate with and shall provide the director of purchases with all information necessary for the administration of K.S.A. 75-3317 through 75-3322, and amendments thereto.
(c) The provisions of K.S.A. 75-3317 through 75-3322, and amendments thereto, shall apply only to products manufactured or processed in Kansas or services provided in Kansas by a qualified vendor.
(d) The provisions of K.S.A. 75-3317 through 75-3322, and amendments thereto, shall not be construed to require a unified school district to purchase services offered by qualified vendors under this act.
History: L. 1953, ch. 392, § 3; L. 1972, ch. 327, § 3; L. 1979, ch. 288, § 3; L. 1985, ch. 281, § 2; L. 1988, ch. 301, § 25; L. 2005, ch. 193, § 2; July 1.
History: L. 1953, ch. 392, § 3; L. 1972, ch. 327, § 3; L. 1979, ch. 288, § 3; L. 1985, ch. 281, § 2; L. 1988, ch. 301, § 25; L. 2005, ch. 188, § 2; Repealed, L. 2006, ch. 129, § 3; April 27.
The director of purchases may amend such list in accordance with the recommendations of the committee. The list of products and services shall be reviewed and approved by the director of purchases.
(b) Each qualified vendor shall publish or cause to be published, a catalog of approved products manufactured or processed and of services offered under K.S.A. 75-3317 through 75-3322, and amendments thereto, by each such vendor. After the catalog is published, the director of purchases may amend such list in accordance with recommendations of the committee.
(c) Each qualified vendor shall provide appropriate notice to state agencies and unified school districts of the addition or deletion of any product or service provided by a qualified vendor after the publication of the catalog, provided the additional product or service has been approved by the director of purchases.
History: L. 1953, ch. 392, § 4; L. 1972, ch. 327, § 4; L. 1979, ch. 288, § 4; L. 1985, ch. 281, § 3; L. 1987, ch. 340, § 1; L. 1988, ch. 301, § 26; L. 2001, ch. 5, § 380; L. 2005, ch. 193, § 3; July 1.
History: L. 1953, ch. 392, § 4; L. 1972, ch. 327, § 4; L. 1979, ch. 288, § 4; L. 1985, ch. 281, § 3; L. 1987, ch. 340, § 1; L. 1988, ch. 301, § 26; L. 2001, ch. 5, § 380; L. 2005, ch. 188, § 3; Repealed, L. 2006, ch. 129, § 3; April 27.
History: L. 1953, ch. 392, § 5; L. 1972, ch. 327, § 5; L. 1979, ch. 288, § 5; L. 1985, ch. 281, § 4; L. 1988, ch. 301, § 27; L. 2005, ch. 188, § 4; May 19.
(b) Whenever a unified school district has purchased or has entered into contracts for purchase for a substantial amount of a product or products, as described in K.S.A. 75-3320, and amendments thereto, from a qualified vendor or vendors during a unified school district fiscal year, the unified school district may petition the director of purchases for a waiver. A waiver may be granted to a unified school district from any further compliance with the state use law for the remainder of such unified school district fiscal year if the director of purchases, with the recommendation and approval of the committee, finds that purchases have been made or contracts for purchase have been entered into for a substantial amount of such product or products from a qualified vendor or vendors during such unified school district fiscal year. In determining whether a unified school district has purchased or has entered into contracts for purchase for a substantial amount of such product or products, the director of purchases and the committee shall consider the overall need for such product or products by such unified school district.
History: L. 1953, ch. 392, § 6; L. 1972, ch. 327, § 6; L. 1979, ch. 288, § 6; L. 1985, ch. 281, § 5; L. 2005, ch. 193, § 4; July 1.
History: L. 1953, ch. 392, § 6; L. 1972, ch. 327, § 6; L. 1979, ch. 288, § 6; L. 1985, ch. 281, § 5; L. 2005, ch. 188, § 5; Repealed, L. 2006, ch. 129, § 3; April 27.
History: L. 2005, ch. 193, § 5; July 1.
(b) The state use law committee shall be composed of the following members:
(1) Two members shall be appointed by the united school administrators of Kansas, one of whom shall represent small unified school districts and one of whom shall represent large unified school districts.
(2) One member shall be appointed by the state board of regents.
(3) One member shall be appointed by the state director of purchases.
(4) One member, who is an advocate for the blind and disabled in Kansas, shall be appointed by the governor.
(5) Two members who are qualified vendors shall be appointed by the governor.
(6) Two members of the Kansas legislature, one legislator shall be a member of the majority party and one legislator shall be a member of the minority party, and shall be appointed by the governor.
(c) Such members shall serve for terms of two years and may be reappointed. On July 1, of each year, the governor shall designate one of the private-sector business members to serve as a chairperson of the committee. Subsequent appointments shall be made as provided for original appointments for the unexpired terms.
(d) Members of the committee who are members of the Kansas legislature shall be paid amounts as provided in subsection (e) of K.S.A. 75-3223, and amendments thereto. Otherwise, members of the committee shall serve without reimbursement.
(e) The committee shall be responsible for advising the director of purchases on issues surrounding the provisions of K.S.A. 75-3317 through 75-3322, and amendments thereto, including, but not limited to, the following functions:
(1) The development of waiver guidelines to be followed by qualifying agencies and unified school districts for participation under the provisions of K.S.A. 75-3317 through 75-3322, and amendments thereto.
(2) Product and service eligibility process used by the director of purchases for state use law products and services.
(3) Review the threshold dollar amount of purchases by state agencies or unified school districts for state use law to apply.
(4) Review provisions of K.S.A 75-3317 through 75-3322, and amendments thereto, on any purchase from a qualified vendor that is determined by the director of purchases to be a substantially higher cost than the purchase would have cost had it been competitively bid.
(5) Adopt rules, regulations and policies to assure fair and effective implementation of this act, including appropriate rules and regulations relating to violations of K.S.A. 75-3317 through 75-3322, and amendments thereto.
(6) Establish procedures for setting fair market prices for items included on the procurement list and revision of products and prices in accordance with the changing market conditions to assure that the prices established are reflective of the market.
(7) Assist qualified vendors in identifying and improving marketing efforts of the products manufactured or processed and offered for sale and services offered under K.S.A. 75-3317 through 75-3322, and amendments thereto, to state agencies and unified school districts.
(8) Encourage and assist the director of purchases, state agencies and unified school districts to identify additional commodities and services that may be purchased from qualified nonprofit agencies not participating in the state use law catalog.
(9) Any other issue identified by any interested party.
(f) The committee shall maintain a registry of entities which meet the definition of qualified vendor, as defined by K.S.A. 75-3317, and amendments thereto.
(g) The director of purchases shall convene quarterly meetings with qualified vendors, the state use law committee and agencies to discuss activity occurring under the state use law.
(h) On July 1, 2009, the state use law committee is hereby abolished.
History: L. 2005, ch. 193, § 6; July 1.
A tract of land lying within the southwest quarter (SW1/4) of section thirty-five (35), township twenty-one (21) south, and the northwest quarter (NW1/4) of section two (2), township twenty-two (22) south, both range seventeen (17) west of the 6th P.M. in Pawnee county, Kansas, described as follows, to wit: Commencing at a point on the southern end of a line whose approximate bearing is S 5°15' east, and whose northern end lies 525 feet east of the west quarter section corner of section 35, and whose southern end lies 2841.5 feet southeast of the east and west quarter section line of section 35 (this southern point being the southeast corner of the present boy scout camp and lies approximately 825 feet east of the west line of section 2 and approximately 200 feet south of the south line of section 35) for a place of beginning; thence northeast on a line having an interior angle of 54°21' for a distance of 1165 feet to a point 3 1/2 feet east of a drain ditch bank; thence northwest on a line having an interior angle of 101°47' for a distance of 420 feet to a point 15'' east of same drain ditch bank; thence northwest on a line having an interior angle of 182°49' for a distance of 330 feet to a point 3 1/2 feet east of same drain ditch bank; thence northwest on a line having an interior angle of 197°22' for a distance of 450 feet to a point 3 1/2 feet east of same drain ditch bank; thence north on a line having an interior angle of 162°23' for a distance of 930 feet to a point on the east and west quarter section line of section 35; thence west along the said quarter section line for a distance of 799 feet (this point falling 457 feet east of the west quarter section corner of section 35); thence south 35 feet; thence southeast along the present fence boundary of the boy scout camp for a distance of 2806.5 feet to place of beginning; for the purpose of a camp site for use in conducting camping programs under responsible and trained camp supervisors for the girl scouts of America. Such lease shall contain a provision authorizing the state of Kansas to sell or lease and reserving all mine and mineral rights to such lands and a termination clause that in the event such lands ever shall cease to be used for the camping purposes above specified, which purposes shall be set forth in such lease, then the lease shall expire and become null and void and the possession thereof shall immediately revert to the state of Kansas. Notwithstanding the above condition relating to the use of such land for camping purposes, the lessee shall be entitled to sublease a portion of such land to any licensed day care center for an amount not to exceed the reasonable costs of maintaining any structures located on such land which are used by such day care center and the reasonable costs of utility services provided to such day care center, the payment of which is to be assumed by the girl scout council or the lessee may sublease such land to Pawnee county for park and recreational purposes deemed appropriate by the board of county commissioners.
(b) Upon the expiration of any lease entered pursuant to subsection (a), the secretary of social and rehabilitation services shall convey by deed such tract of land described in subsection (a) to Pawnee county for park and recreational purposes deemed appropriate by the board of county commissioners. Such deed shall contain a reversionary clause that in the event that such land ever shall cease to be used for such purposes, which purposes shall be set forth in such deed, then the title thereto and the possession thereof immediately shall revert to the state of Kansas.
(c) Liability for damages resulting from the use of the property described in this section shall be subject to the limitation of subsection (o) of K.S.A. 75-6104 and amendments thereto.
History: L. 1955, ch. 393, § 1; L. 1971, ch. 276, § 1; L. 1976, ch. 385, § 1; L. 1990, ch. 313, § 1; March 8.
(b) Liability for damages resulting from the use of the property described in this section shall be subject to the limitation of subsection (o) of K.S.A. 75-6104 and amendments thereto.
History: L. 1972, ch. 328, § 1; L. 1990, ch. 313, § 2; March 8.
History: L. 1961, ch. 399, § 1; April 19.
History: L. 1961, ch. 398, § 1; April 17.
History: L. 1961, ch. 397, § 1; June 30.
History: L. 1961, ch. 400, § 1; April 19.
Any person transferred as provided in this section shall remain subject to the same statutory provisions as were applicable at the institution from which that person was transferred and in addition thereto shall abide by and be subject to all the rules and regulations of the institution to which such person has been transferred. The person's next of kin and guardian, if one has been appointed, shall be notified of the transfer and if the person has been committed to the original institution by a court notice shall be sent to the committing court. Except in cases of emergency, the notice shall be given at least two weeks prior to the date of the transfer. If the person objects to the transfer to another institution, either personally or through a guardian, then the regular procedure for admission or commitment to the receiving institution shall be followed.
History: L. 1961, ch. 434, § 1; L. 1982, ch. 357, § 24; L. 1995, ch. 234, § 26; Jan. 1, 1996.
(a) "Board" means the secretary of social and rehabilitation services.
(b) "State institution" means institution as defined in K.S.A. 76-12a01, and amendments thereto.
(c) "Child" or "children" means a person or persons under the age of 18.
(d) "Private children's home" means any licensed home, institution or charitable organization which is operated by a corporation organized under the laws of this state which the secretary finds has and maintains adequate facilities and is properly staffed to provide adequate care, custody, education, training and treatment for any child which the secretary may place therein under the authority of this act, or a licensed foster care home, boarding home, personal care home or nursing home.
History: L. 1965, ch. 290, § 1; L. 1972, ch. 161, § 19; L. 1973, ch. 369, § 47; L. 2000, ch. 150, § 33; June 1.
History: L. 1965, ch. 290, § 2; June 30.
History: L. 1965, ch. 290, § 3; Repealed, L. 1969, ch. 224, § 9; July 1.
History: L. 1967, ch. 456, §§ 1, 2; Repealed, L. 1973, ch. 369, § 51; July 1.
History: L. 1967, ch. 456, § 3; L. 1968, ch. 34, § 1; Repealed, L. 1973, ch. 369, § 51; July 1.
History: L. 1969, ch. 225, § 1; L. 1973, ch. 369, § 48; L. 1977, ch. 105, § 24; L. 1982, ch. 357, § 25; L. 1982, ch. 182, § 142; Repealed, L. 1996, ch. 229, § 163; July 1, 1997.
History: L. 1972, ch. 329, § 1; L. 1973, ch. 369, § 49; L. 1980, ch. 299, § 2; L. 1982, ch. 357, § 26; L. 1982, ch. 182, § 143; Repealed, L. 1996, ch. 229, § 163; July 1, 1997.
History: L. 1969, ch. 405, § 1; L. 1973, ch. 369, § 50; Repealed, L. 1996, ch. 229, § 163; July 1, 1997.
History: L. 1977, ch. 291, § 1; L. 1982, ch. 357, § 27; Repealed, L. 1996, ch. 229, § 163; July 1, 1997.
History: L. 1970, ch. 362, § 1; July 1.
(b) The term "blind person" means a person whose central visual acuity does not exceed 20 over 200, in the better eye with correcting lens or whose visual acuity if better than 20 over 200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees.
(c) The term "vending facility" includes, but is not limited to, automatic vending machines, cafeterias, snack bars, cart service, shelters, counters, and such other appropriate auxiliary equipment as rules and regulations of the division of services for the blind of the department of social and rehabilitation services prescribe and as are necessary for the sale of the articles or services referred to in paragraph (4) of subsection (a) of K.S.A. 75-3339, which are, or may be operated by blind licensees.
History: L. 1970, ch. 362, § 2; L. 1970, ch. 361, § 1; July 1.
(1) Make surveys of concession vending opportunities for blind persons on state, county, city and other property;
(2) make surveys throughout the state of Kansas of industries with a view to obtaining information that will assist blind persons to obtain employment;
(3) make available to the public, especially to persons and organizations engaged in work for the blind, information obtained as a result of such surveys;
(4) issue licenses to blind persons who are citizens of the United States for the operating of vending facilities on state, county, city and other property for the vending of foods, beverages and other such articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws, as determined by the licensing agency; and
(5) take such other steps, including the adoption of rules and regulations, as may be necessary and proper to carry out the provisions of this act.
(b) The division of services for the blind, in issuing each such license for the operation of a vending facility, shall give preference to blind persons who are in need of employment. Each such license shall be issued for an indefinite period but may be terminated by such division if it is satisfied that the facility is not being operated in accordance with the rules and regulations prescribed by such division. Such licenses shall be issued only to applicants who are blind as defined by subsection (b) of K.S.A. 75-3338 and amendments thereto.
(c) The division of services for the blind, with the approval of the head of the department or agency in control of the maintenance, operation, and protection of the state, county and city or other property on which the vending facility is to be located but subject to rules and regulations prescribed pursuant to the provisions of this act, shall select a location for such vending facility and the type of facility to be provided.
(d) In the design, construction or substantial alteration or renovation of each public building after July 1, 1970, for use by any department, agency or instrumentality of the state of Kansas, except the Kansas department of wildlife and parks and the Kansas turnpike authority, there shall be included, after consultation with the division of services for the blind a satisfactory site or sites with space and electrical and plumbing outlets and other necessary requirements suitable for the location and operation of a vending facility or facilities by a blind person or persons. No space shall be rented, leased or otherwise acquired for use by any department, agency or instrumentality of the state of Kansas after July 1, 1970, except the Kansas department of wildlife and parks and the Kansas turnpike authority, unless such space includes, after consultation with the division of services for the blind, a satisfactory site or sites with space and electrical and plumbing outlets and other necessary requirements suitable for the location and operation of a vending facility or facilities by a blind person or persons. All departments, agencies and instrumentalities of the state of Kansas, except the Kansas department of wildlife and parks and the Kansas turnpike authority, shall consult with the secretary of social and rehabilitation services or the secretary's designee and the division of services for the blind in the design, construction or substantial alteration or renovation of each public building used by them, and in the renting, leasing or otherwise acquiring of space for their use, to insure that the requirements set forth in this subsection are satisfied. This subsection shall not apply when the secretary of social and rehabilitation services or the secretary's designee and the division of services for the blind determine that the number of people using the property is insufficient to support a vending facility.
History: L. 1970, ch. 362, § 3; L. 1970, ch. 361, § 2; L. 1989, ch. 118, § 187; July 1.
History: L. 1974, ch. 359, § 1; L. 1976, ch. 58, § 5; July 1.
(1) Provide for each licensed blind person such vending facility equipment, and adequate initial stock of suitable articles to be vended therefrom as may be necessary. Such equipment and stock may be owned by the division of services for the blind, or by the blind individual to whom the license is issued. If ownership of such equipment is vested in the blind licensee:
(A) The division of services for the blind shall retain a first option to repurchase such equipment; and
(B) in the event such individual dies or for any other reason ceases to be a licensee or transfers to another vending facility, ownership of such equipment shall become vested in the division of services for the blind, for transfer to a successor licensee, subject to an obligation on the part of the division of services for the blind to pay to such individual or to such individual's estate the fair value of such individual's interest therein as later determined in accordance with regulations of the division of services for the blind and after opportunity for a fair hearing.
(2) If any funds are set aside, or caused to be set aside, from the proceeds of the operation of the vending facilities such funds shall be set aside, or caused to be set aside, only to the extent necessary for and may be used only for the purposes of (A) maintenance and replacement of equipment; (B) the purchase of new equipment; (C) management services; and (D) assuring a fair minimum return to operators of vending facilities. In no event shall the amount of such funds to be set aside from the proceeds of any vending facility exceed a reasonable amount as determined by the provisions of 20 U.S.C. 107, of 1936, and acts amendatory thereto, an act of congress commonly known as the Randolph-Sheppard vending stand act.
(3) If inventories are required by the division of services for the blind to be made of the stock and supplies of vending facilities, permit the licensed operator to elect to make such licensed operator's own inventories and report the same on forms furnished by the division. Inventory of each vending facility shall be made at least once every four months. In the event of the election of the licensed operator to make such licensed operator's own inventory, the division shall have the right to take an inventory of the vending facility at any mutually agreeable time.
(4) Issue such rules and regulations, consistent with the provisions of this chapter, as may be necessary for the operation of this program.
(5) Provide to any blind licensee dissatisfied with any action arising from the operation or administration of the vending facility program an opportunity for a fair hearing, including binding arbitration by three persons consisting of one person designated by the director of the division of services for the blind, one person designated by the licensed blind operator, and a third person selected by the two.
(6) In employing any personnel as may be necessary for the operation of the vending facility program give preference to blind persons who are capable of discharging the required duties, except that the licensed operator of a vending facility shall have final authority to hire and to discharge employees of his or her vending facility.
(b) Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1970, ch. 362, § 4; L. 1988, ch. 356, § 303; July 1, 1989.
(b) If, in the opinion of the division of services for the blind any department or agency in control of the maintenance, operation, and protection of state property is failing to comply with the provisions of this act, or any regulations issued thereunder, it shall appeal to the board. The board shall, within 30 days' written notice of appeal, conduct a hearing and render its decision which shall be in writing and shall be binding. If the board determines that the acts or practices of any such department or agency are in violation of this act, or the regulations issued thereunder, the head of the affected department or agency shall promptly cause such acts or practices to be terminated, and shall take such other action as may be necessary to carry out the decision of the board. All decisions of the board shall be published.
History: L. 1970, ch. 362, § 5; L. 1984, ch. 322, § 1; July 1.
History: L. 1970, ch. 362, § 6; L. 1986, ch. 318, § 137; July 1.
History: L. 1970, ch. 362, § 7; July 1.
(b) As used in this section, "vending machine" means a coin or currency operated machine which dispenses articles or services.
(c) The provisions of this section shall not apply to any highway under the jurisdiction of the Kansas turnpike authority.
History: L. 1991, ch. 209, § 1; July 1.
(a) A permanent easement for controlled access highway right-of-way and removal of borrow material over and upon a tract of land in the east half of the southwest quarter of section 1, township 18 south, range 22 east of the 6th P.M., described as follows: Beginning at the northeast corner of said quarter section; first course, thence south 89 degrees 20 minutes west, 57.9 feet along the north line of said quarter section; second course, thence south 50 degrees 53 minutes west, 570.7 feet; third course, thence north 61 degrees 10 minutes west, 299.1 feet; fourth course, thence north 70 degrees 09 minutes west to the northwest corner of said east half of the southwest quarter section; fifth course, thence south 02 degrees 10 minutes east, 229.7 feet along the west line of said east half of the southwest quarter section; sixth course, thence south 78 degrees 05 minutes east, 284.5 feet; seventh course, thence south 57 degrees 38 minutes east, 509.2 feet; eighth course, thence south 23 degrees 16 minutes west to a point on the south line, 346.3 feet east of the southwest corner of the north half of the east half of the southwest quarter section; ninth course, thence north 88 degrees 23 minutes east, 150.7 feet along said south line; tenth course, thence south 00 degrees 12 minutes west, 651.4 feet; eleventh course, thence north 44 degrees 30 minutes west, 358.9 feet; twelfth course, thence south 17 degrees 52 minutes west to a point on the west line, 355.7 feet north of the southwest corner of said east half of the southwest quarter section; thirteenth course, thence south 01 degree 56 minutes east, 355.7 feet along said west line to the south line of said quarter section; fourteenth course, thence north 89 degrees 28 minutes east, 315.6 feet along said south line; fifteenth course, thence north 17 degrees 52 minutes east, 576.7 feet; sixteenth course, thence on a curve of 4,183.22 feet radius to the right, an arc distance of 473.3 feet with a chord which bears north 21 degrees 07 minutes east, 473.1 feet; seventeenth course, thence north 32 degrees 20 minutes east, 285.3 feet; eighteenth course, thence north 44 degrees 55 minutes east, 556.1 feet; nineteenth course, thence south 58 degrees 17 minutes east to a point on the east line, 1,074.1 feet south of the northeast corner of said quarter section; twentieth course, thence north 02 degrees 18 minutes west, 1,074.1 feet along said east line to the place of beginning. The above contains 31.77 acres, more or less, exclusive of the existing highway. Lands abutting said highway shall have no right or easement of access thereto, provided, however, that the remaining lands shall abut upon and have access to said highway over and across the following described courses: Beginning at a point 100.0 feet south 61 degrees 10 minutes east from the end of said 'third' course and extending north 61 degrees 10 minutes west, 100.0 feet; also, beginning at the beginning of said 'seventh' course and extending south 57 degrees 38 minutes east, 280.0 feet; also, all of said 'fourth' and 'sixth' courses.
(b) A permanent easement for controlled access highway right-of-way and removal of borrow material over and upon a tract of land in the south half of the southeast quarter and the south half of the north half of the southeast quarter of section 1, township 18 south, range 22 east of the 6th P.M., described as follows: Beginning at a point on the west line, 660.0 feet south of the northwest corner of said quarter section; first course, thence south 02 degrees 18 minutes east, 414.1 feet along said west line; second course, thence south 58 degrees 17 minutes east, 180.2 feet; third course, thence on a curve of 1,050.91 feet radius to the right, an arc distance of 747.1 feet with a chord which bears south 32 degrees 04 minutes east, 731.5 feet; fourth course, thence south 11 degrees 42 minutes east, 204.7 feet; fifth course, thence on a curve of 913.51 feet radius to the left, an arc distance of 732.2 feet with a chord which bears south 34 degrees 40 minutes east, 712.8 feet; sixth course, thence south 20 degrees 14 minutes east, 36.0 feet; seventh course, thence south 01 degree 24 minutes east, 25.0 feet to a point on the south line, 936.9 feet east of the southwest corner of said quarter section; eighth course, thence north 88 degrees 36 minutes east, 713.7 feet along said south line; ninth course, thence north 01 degree 24 minutes west, 25.0 feet; tenth course, thence north 79 degrees 43 minutes west, 222.3 feet; eleventh course, thence on a curve of 748.51 feet radius to the right, an arc distance of 989.74 feet with a chord which bears north 53 degrees 31 minutes west, 919.2 feet; twelfth course, thence north 00 degrees 47 minutes east, 199.9 feet; thirteenth course, thence north 24 degrees 34 minutes west, 320.8 feet; fourteenth course, thence on a curve of 1,215.91 feet radius to the left, an arc distance of 610.5 feet with a chord which bears north 38 degrees 03 minutes west, 604.1 feet; fifteenth course, thence north 47 degrees 21 minutes west, 225.5 feet; sixteenth course, thence north 36 degrees 10 minutes east to a point 660.0 feet south and 270.1 feet east of the place of beginning; seventeenth course, thence south 89 degrees 40 minutes west, 270.1 feet to the place of beginning. The above contains 9.72 acres, more or less, exclusive of the existing highway. Lands abutting said highway shall have no right or easement of access thereto, provided, however, that the remaining lands shall abut upon and have access to said highway over and across the following described courses: Beginning at the end of said 'second' course and extending north 58 degrees 17 minutes west, 74.6 feet; also, beginning at the beginning of said 'fifteenth' course and extending north 47 degrees 21 minutes west, 74.6 feet; also, all of said 'third,' 'fourth,' 'fifth,' 'sixth,' 'tenth,' 'eleventh,' 'twelfth,' 'thirteenth' and 'fourteenth' courses.
History: L. 1973, ch. 383, § 1; March 12.
History: L. 1973, ch. 383, § 2; L. 2001, ch. 5, § 381; July 1.
History: L. 1974, ch. 357, § 1; L. 1975, ch. 444, § 1; March 8.
History: L. 1975, ch. 444, § 2; March 8.
(b) The deed conveying the above-described land shall be approved by the attorney general and shall be executed by the secretary of social and rehabilitation services. Such deed shall provide that in the event the above-described land shall cease to be used for school purposes, then all right, title and interest in such land shall revert to the state of Kansas.
History: L. 1975, ch. 423, § 1; July 1.
A tract of land in the northwest quarter of section 26, township 11 south, range 15 east of the sixth principal meridian described as follows: Beginning at a point on the west line of said northwest quarter 1061.00 feet north of the southwest corner; thence east 30.0 feet to a point 1060.5 feet north of the south line of said quarter section; thence easterly 312.5 feet to a point 1068.9 feet north of said south line; thence easterly 241.5 feet to a point 970.6 feet north of said south line; thence easterly 424.6 feet to a point 952.1 feet north of said south line; thence easterly to a point on the east line of the west half of the northwest quarter 959.3 feet north of the southeast corner of the west half of the northwest quarter section; thence north 110.7 feet along the east line of the west half of said northwest quarter; thence east 100.0 feet; thence north, 100.0 feet east of and parallel to the east line of the west half of the northwest quarter to the south bank of the Kansas River; thence westerly along the south bank of the Kansas River to the west line of said northwest quarter; thence south along the west line of said northwest quarter to the point of beginning, except Chicago, Rock Island and Pacific Railway right-of-way, and except any road right-of-way across said tract, containing 16.9 acres more or less.
A tract of land in the northeast quarter of section 26, township 11 south, range 15 east of the sixth principal meridian described as follows: Commencing at the southwest corner of the northeast quarter of section 26; thence north along the west line of said quarter 1070.0 feet; thence east 120.0 feet to a point 1070.2 feet north of the south line of said northeast quarter; thence northeasterly 1179.7 feet to a point 1415.1 feet north of said south line; thence north 201.6 feet to the point of beginning, said point of beginning being on the east line of property previously deeded to the City of Topeka and on the north right-of-way line of interstate highway 70; thence northeasterly along a curve of 2993.13 feet radius to the right to a point 1733.7 feet north and 951.5 feet west of the southeast corner of said quarter section; thence northeasterly 308.5 feet to a point 1824.1 feet north of the south line of said quarter section; thence northeasterly 504.4 feet to a point 187.7 feet west of the east line of said quarter section; thence northwesterly 25.0 feet to a point 195.3 feet west of said east line; thence northwesterly 154.5 feet to a point 324.1 feet west of said east line; thence northeasterly 30.0 feet to the southerly right-of-way line of the Chicago, Rock Island and Pacific Railway; thence westerly along the southerly right-of-way line of the said railway to a point 100.0 feet east of the east line of property previously deeded to the City of Topeka; thence northerly, and 100.0 feet east of and parallel to the City of Topeka property line to the south bank of the Kansas River; thence westerly along the south bank of the Kansas River to the said City of Topeka east property line; thence south along said City of Topeka property line to the point of beginning, except Chicago, Rock Island and Pacific Railway right-of-way, and except any road right-of-way across said tract, containing 7.5 acres more or less.
(b) The deed conveying the above described land shall be approved by the attorney general and shall be executed by the secretary of social and rehabilitation services.
History: L. 1979, ch. 268, § 1; April 13.
The deed conveying the above-described land shall be approved by the attorney general and shall be executed by the secretary of social and rehabilitation services. Said deed shall contain a reversionary clause that in the event such lands ever shall cease to be used for the purpose hereinbefore specified, which purpose shall be set forth in such deed, then the title thereto and the possession thereof shall immediately revert to the state of Kansas.
History: L. 1979, ch. 265, § 1; March 7.
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. Highway 24 Right-of-Way line; thence along said Right-of-Way line southeasterly 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.
History: L. 1979, ch. 271, § 1; L. 2000, ch. 149, § 3; June 1.
(b) Upon the filing of such appraisal the secretary of administration shall proceed to sell the real estate described in K.S.A. 75-3351, and amendments thereto, in accordance with this section. 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 requests 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 executed 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 of the sale of such real estate under this section, after deduction of the expenses of such sale and the cost of the appraisal of the real estate, shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of 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 administration.
History: L. 1979, ch. 271, § 2; L. 2000, ch. 149, § 4; L. 2001, ch. 5, § 382; July 1.
(b) The deed conveying the land described in subsection (a) shall be approved by the attorney general and shall be executed by the secretary of social and rehabilitation services. The deed shall provide that in the event the land described in subsection (a) ceases to be used for hospital purposes, then all right, title and interest in the land shall revert to the state of Kansas. Neosho county shall be responsible for all drainage problems on the land described in subsection (a). The conveyance of land authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a.
History: L. 1981, ch. 317, § 1; July 1.
(b) There is hereby established the wards' trust fund. The secretary of social and rehabilitation services shall designate one or more employees to manage and be in charge of the wards' trust fund and subsidiary accounts thereof. All moneys in the possession of the secretary belonging to wards shall be within the wards' trust fund. The persons in charge of the wards' trust fund shall maintain a separate subsidiary account for each ward having any money in the wards' trust fund.
(c) All moneys received that are within the wards' trust fund shall be deposited in a bank account in a bank designated by the pooled money investment board. The persons in charge of the wards' trust fund shall be the persons authorized to write checks on such bank account.
(d) The persons in charge of the wards' trust fund may withdraw money from such bank account and deposit amounts in savings accounts of a bank or savings and loan association which is insured by the federal government or agency thereof and designated by the pooled money investment board for this purpose. Interest earned on money deposited in savings accounts under this subsection shall be distributed proportionately to each subsidiary account of the wards' trust fund.
(e) Moneys in the wards' trust fund and in all subsidiary accounts thereof shall not be in or a part of the state treasury but shall be subject to post audit under the legislative post audit act.
(f) The wards' account established by former K.S.A. 38-828a is hereby continued in existence as the wards' trust fund established by this section. The use and management of the wards' account and subsidiary accounts thereof in the manner prescribed by former K.S.A. 38-828a during the period from January 1, 1983, until the effective date of this act is hereby ratified but shall be subject to post audit under the legislative post audit act. Whenever the wards' account established by former K.S.A. 38-828a or any subsidiary account thereof is mentioned by statute, contract or other document, the reference shall be deemed to apply to the wards' trust fund or the appropriate subsidiary account thereof, respectively.
History: L. 1983, ch. 139, § 1; March 17.
A tract of land and the improvements thereon located in the North 1/2 of Section 4, Township 7 South, Range 7 West of the 6th P.M. in Mitchell county, Kansas, described as follows: Beginning at a point on the center section line 92.3 feet South of the N 1/4 corner of Section 4, thence Easterly along the highway right-of-way line 478 feet to a point 98.0 feet South of the North line of Section 4, thence South parallel to the West line of the NE 1/4 of Section 4, 451.4 feet, thence West 260.0 feet, thence South 234.0 feet, thence West 217.7 feet to a point on the West line of the NE 1/4, thence North along the center section line (West line of the NE 1/4) 692.7 feet to the point of beginning.
(b) The real estate described in subsection (a) shall be sold and conveyed subject to an easement granted to the city of Beloit on October 31, 1973. That portion of such real estate which is subject to such easement is described as follows: Commencing at a point formed by the intersection of the South right-of-way line of US Highway 24 with the East right-of-way line of Walnut Street, extended North; thence Easterly along the said South right-of-way line of US Highway 24 a distance of 100 feet; thence Southerly on a line parallel to and 100 feet East of the East right-of-way line of said Walnut Street, extended North, a distance of 100 feet; thence Westerly on a line parallel to and 100 feet South of the South right-of-way line of US Highway 24 a distance of 100 feet to intersect with the East right-of-way line of Walnut Street, extended North; thence Northerly along the said East line of the right-of-way of Walnut Street, extended North, a distance of 100 feet to the point of beginning. All references to US Highway 24 and Walnut Street being as described in the recorded plat of the city of Beloit, in Mitchell county, Kansas.
(c) The secretary of social and rehabilitation services is hereby authorized to sell and convey the real estate described in subsection (a) to unified school district No. 273, Mitchell county, Kansas, for a purchase price to be negotiated and agreed upon by the secretary and the board of education of the unified school district.
(d) The deed conveying the real estate described in subsection (a) shall be executed and duly acknowledged by the secretary before an officer authorized by law to take acknowledgments. Such deed shall be approved as to form by the attorney general. When such real estate is sold, the proceeds thereof shall be paid into the state treasury to the credit of the state general fund.
(e) The sale and conveyance authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a, and amendments thereto.
History: L. 1984, ch. 300, § 1; L. 1989, ch. 268, § 1; April 13.
A tract of land in the west half of the northwest quarter of section 26, township 11 south, range 15 east described as follows: Beginning at a point on the west line 190.0 feet north of the southwest corner of said quarter section; first course, thence north along said west line 871.0 feet; second course, thence east, 30.0 feet to a point 1,060.5 feet north of the south line of said quarter section; third course, thence easterly, 312.5 feet to a point 1,068.9 feet north of said south line; fourth course, thence southeasterly 241.5 feet to a point 970.6 feet north of said south line; fifth course, thence easterly, 424.6 feet to a point 952.1 feet north of said south line; sixth course, thence easterly to a point on the east line 959.3 feet north of the southeast corner of said west half of the northwest quarter section; seventh course, thence south along said east line 249.1 feet; eighth course, thence westerly 613.0 feet to a point 615.4 feet north of said south line; ninth course, thence southwesterly 121.2 feet to a point 566.6 feet north of said south line; tenth course, thence south to a point 190.0 feet north of said south line; eleventh course, thence west to the place of beginning.
(b) The deed conveying the above described land shall be approved by the attorney general and shall be executed by the secretary of social and rehabilitation services. The conveyance of land authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a and amendments thereto.
History: L. 1986, ch. 313, § 1; May 8.
(b) Before any property shall be sold under the provisions of this act, the real estate described in subsection (a) shall be appraised by three disinterested appraisers acquainted with real estate values in Shawnee county and appointed as provided in K.S.A. 75-3043a and amendments thereto. Such appraisement shall be in writing and filed with the secretary, and the cost of the appraisement may be paid from the proceeds of the sale. Upon the filing of such appraisement the secretary of social and rehabilitation services shall advertise for sealed bids on the real estate described in subsection (a) for not less than three consecutive weeks by publication in the Kansas register. Subject to the approval of the governor, such sale shall be made to the highest responsible bidder whose bid is submitted within 30 days after the last publication of such notice. The secretary or governor may reject any and all bids, and in case all bids are rejected, bids may be called for again as in the first instance. Each bid shall be accompanied by a certified check in the amount of 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.
(c) Upon acceptance of any such bid, a deed conveying such real estate shall be executed and duly acknowledged by the secretary before an officer authorized by law to take acknowledgments. Such deed shall contain a recital of all proceedings in compliance with this act, and such recital shall be prima facie evidence that the proceedings were had in the manner and form recited. Such deed shall be approved as to form by the attorney general.
(d) When such real estate is sold, the proceeds thereof, after deduction of the expenses of such sale and the cost of the survey and the appraisement of the real estate, shall be paid into the state treasury to the credit of the state general fund.
History: L. 1987, ch. 326, § 1; July 1.
A tract of land situate in the southeast quarter of section 26, township 11 south, range 15 east of the 6th principal meridian, in Shawnee county, Kansas, more particularly described as follows: Commencing at the southwest corner of the southeast quarter; thence on a bearing of north 00°15'09" east, along the west line of the southeast quarter, a distance of 1,148.90 feet to the point of beginning; thence continuing on a bearing of north 00°15'09" east, along the west line, a distance of 654.21 feet; thence on a bearing of north 89°08'13" east, a distance of 278.01 feet; thence on a bearing of south 01°03'45" east, a distance of 497.95 feet; thence on a bearing of south 43°17'11" west, a distance of 233.28 feet; thence on a bearing of north 85°55'06" west, a distance of 130.48 feet to the point of beginning. The above described tract contains 4.033 acres, more or less. Said tract of land is subject to all restrictions, reservations, easements, and covenants of record, if any.
(b) Such land shall be used for construction and operation of facilities to provide services and treatment for the mentally ill and drug and alcohol dependent persons.
(c) The deed conveying the above-described land shall be approved by the attorney general and shall be executed by the secretary of social and rehabilitation services. Such deed shall provide that in the event the above-described land shall cease to be used by the Shawnee community mental health center, or its successors, then all right, title and interest in such land shall revert to the state of Kansas.
History: L. 1989, ch. 249, § 1; April 13.
A tract of land situated in the southwest quarter (SW 1/4) of the southeast quarter (SE 1/4) of section 28, township 10 south, range 25 east of the sixth principal meridian, in Wyandotte county, Kansas, commonly known as 925 Sunshine Road, Kansas City, Kansas, and more particularly described as follows: Beginning at a point in the south line of Sunshine Road (formerly White Eagle Road) as originally established 66 feet, that is 483 feet distant east, measured at right angles, from the north and south center line of said section 28; thence east along the south line of Sunshine Road as originally established 66 feet wide a distance of 183.0 feet; thence southeasterly along a straight line which forms an angle of 45 degrees 4 minutes from east to south with said south line of Sunshine Road as originally established, a distance of 38.13 feet, more or less, to a point 693 feet distant east, measured at right angles, from said north and south center line of section 28; thence south along a straight line parallel with and 393 feet distant east, measured at right angles, from said north and south center line of section 28, a distance of 36.62 feet; thence southerly and southwesterly along a tangent curve to the right, having a radius of 340.0 feet, a distance of 400.59 feet, more or less, to a point 483 feet distant east, measured at right angles, from said north and south center line of section 28; thence north along a straight line parallel with and 483 feet distant east, measured at right angles, from said north and south center line of section 28, a distance of 376.95 feet, more or less, to the point of beginning; containing an area of 60,611 square feet, more or less; subject to all covenants, restrictions, rights, liens and claims that shall run with the land.
History: L. 1990, ch. 297, § 1; July 1.
(b) In the event that the real estate described in K.S.A. 75-3359 is not continuously used as a workshop for the blind and operated by a charitable not-for-profit organization, ownership of the real estate shall automatically revert back to the state of Kansas. The title to the real estate shall revert back to the state of Kansas immediately upon discovery that the property is being used for an unintended purpose or is being operated by other than a charitable not-for-profit organization.
History: L. 1990, ch. 297, § 2; July 1.
History: L. 1990, ch. 297, § 3; July 1.
History: L. 1990, ch. 297, § 4; July 1.
A tract of land in the northwest quarter of section 11, township 12 south, range 15 east of the 6th principal meridian in the city of Topeka, Shawnee county, Kansas, more particularly described as follows: Commencing at the northeast corner of such northwest quarter; thence west along the north line of such quarter section a distance of 1,017.1 feet; thence south along the west property line a distance of 30.00 feet to the true point of beginning; thence south along such west line a distance of 25.00 feet; thence east parallel to and 55.00 feet south of the north line of such quarter section to a point on the east line; thence north along such east line for a distance of 25.00 feet; thence west to the point of beginning, containing 0.58 acre of land, more or less.
(b) The deed conveying the above described land shall be approved by the attorney general and shall be executed by the secretary of social and rehabilitation services. Such deed shall provide that in the event the above-described land is not used for the purpose of widening southwest 21st street in the city of Topeka, Kansas, then all right, title and interest in such land shall revert to the state of Kansas. The conveyance of land authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a and amendments thereto.
History: L. 1991, ch. 252, § 1; July 1.
(b) Before any property shall be sold under the provisions of this act, the real estate described in subsection (a) shall be appraised by three disinterested appraisers acquainted with real estate values in Shawnee co