(1) "Department" means the department of administration;
(2) "executive director" means the secretary of administration;
(3) "state agency" means any state office or officer, department, board, commission, institution, bureau or any agency, division or unit within any office, department, board, commission or other state authority or any person requesting a state appropriation;
(4) "personnel director" means the director of personnel services;
(5) "finance council" means the state finance council created by K.S.A. 75-3708;
(6) "allotment" means a limitation on the use of amounts available to state agencies under the allotment system with a period of from one (1) to twelve (12) months within a fiscal year;
(7) "incoming governor" means the person entitled to hold the office of governor until the adjournment of the regular legislative session to which the governor's budget report is to be submitted;
(8) "regular legislative session" means a regular annual session required by the Kansas constitution.
History: L. 1953, ch. 375, § 1; L. 1967, ch. 459, § 1; L. 1972, ch. 332, § 67; L. 1978, ch. 345, § 13; July 1.
History: L. 1953, ch. 375, § 2; L. 1963, ch. 419, § 13; L. 1965, ch. 461, § 1; L. 1965, ch. 458, § 38; Repealed, L. 1972, ch. 332, § 97; July 1.
(b) The provisions of the Kansas governmental operations accountability law apply to the department of administration, and the department is subject to audit, review and evaluation under such law.
History: L. 1972, ch. 332, § 1; L. 1982, ch. 347, § 55; L. 1990, ch. 314, § 1; L. 1992, ch. 116, § 42; L. 2001, ch. 86, § 8; L. 2008, ch. 121, § 23; July 1.
(b) The department of administration and the secretary of administration created by this act shall be the successors in every way, respectively, to the powers, duties and functions of the state department of administration and executive director of the department of administration in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed in the exercise of such powers, duties and functions by or under the authority of the department of administration or secretary of administration created by this act, respectively, shall be deemed to have the same force and effect as if performed by the state department of administration or executive director of the department of administration, respectively, in which such functions were vested prior to the effective date of this act.
(c) Whenever the state department of administration, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the department of administration created by this act.
(d) Whenever the executive director of the department of administration, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of administration created by this act.
(e) All rules and regulations and all orders and directives of the department of administration or the executive director of the department of administration in existence on the effective date of this act, shall continue to be effective and shall be deemed to be the duly adopted rules and regulations or orders and directives of the secretary of administration created by this act, until revised, amended or revoked as provided in K.S.A. 75-3706; or until the same are nullified according to law.
(f) The department of administration and secretary of administration created by this act, respectively, shall be continuations of the state department of administration created by K.S.A. 75-3702 and the executive director of the department of administration created by K.S.A. 75-3703.
History: L. 1972, ch. 332, § 2; July 1.
History: L. 1972, ch. 332, § 30; L. 1976, ch. 387, § 5; July 1.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History: L. 1972, ch. 332, § 31; July 1.
History: L. 1972, ch. 332, § 32; July 1.
History: L. 1972, ch. 332, § 33; July 1.
History: L. 1972, ch. 332, § 34; July 1.
History: L. 1972, ch. 332, § 35; L. 1976, ch. 387, § 6; Repealed, L. 1994, ch. 274, § 24; July 1.
History: L. 1972, ch. 332, § 96; July 1.
(b) Subject to the provisions of subsections (a) and (c), personnel of each division of the department of administration shall perform such duties and shall exercise such powers as the head of the division may prescribe and shall perform such duties and shall exercise powers as are prescribed by law. Personnel of each division shall act for, and exercise the powers of, their division head to the extent the authority to do so is delegated by the division head.
(c) Whenever any power, duty or function is designated by statute to be carried out by a particular organizational unit or employee within the department of administration, the secretary of administration is authorized to transfer any such power, duty or function to any other organizational unit or employee within the department. Included within the secretary's authority to reorganize the department is the authority to abolish organizational units and consolidate powers, duties and functions of such organizational units. Transfers and reorganization pursuant to this subsection (c) shall be subject to the approval of the governor.
(d) The division of the budget shall not be subject to the provisions of subsections (a) or (c).
History: L. 1994, ch. 274, § 15; July 1.
The secretary of administration shall keep a seal which shall be surrounded by the words "secretary of administration of the department of administration of Kansas," which shall be of such diameter and with such device as the governor and the secretary of administration may prescribe, an impression of which shall be filed in the office of secretary of state. Copies of any such department of administration record, memorandum, writing, entry, print, representation, or combination thereof, or of any production thereof pursuant to any authority conferred by law, certified by him or her, and authenticated by seal, shall in all cases be evidence in all courts or administrative agencies equally and in like manner as the original.
History: L. 1953, ch. 375, § 3; L. 1965, ch. 461, § 2; L. 1972, ch. 332, § 68; July 1.
History: L. 1953, ch. 375, § 4; L. 1965, ch. 461, § 3; Repealed, L. 1972, ch. 332, § 97; July 1.
History: L. 1965, ch. 472, § 1; Repealed, L. 1972, ch. 332, § 97; July 1.
History: L. 1953, ch. 375, § 5; L. 1965, ch. 461, § 4; Repealed, L. 1967, ch. 434, § 69; July 1.
History: L. 1972, ch. 332, § 29; July 1.
History: L. 1953, ch. 375, § 6; L. 1972, ch. 332, § 69; L. 1980, ch. 275, § 1; July 1.
(1) Developing financial policies and plans for consideration by the governor and incoming governor as the basis for the budget and recommendations to the legislature, and preparing the detailed documents in accordance with such financial plans for presentation to the legislature.
(2) Coordinating and supervising the fiscal affairs and fiscal procedures of the state to insure the carrying into effect of the definite financial policies and plans approved by the legislature.
(3) Accounting, including budgetary accounting, and accounting control of the incurring of obligations.
(4) Fiscal reporting.
(5) Preauditing of claims, commitments, disbursements, receipts and receivables.
(6) Special investigations upon request of the governor or the finance council.
(7) Purchasing.
(8) Storekeeping and control of stores.
(9) Installing and maintaining records of state property and establishing accountability for property of state agencies.
(10) Keeping accounts concerning receivables.
(11) Issuing warrants on the state treasurer for all claims to be paid out of the state treasury.
(12) Developing plans for improvements and economies in organization and operation of the several state agencies and installing such plans as are approved by the respective heads of such agencies or as directed by law or by the governor with the approval of the finance council.
(13) Personnel matters as to (a) recruitment, (b) working conditions, (c) terms of employment, (d) vacations, (e) sick and other leaves, (f) tenure and termination of employment, (g) pay scales, and (h) determining when and if salary ranges assigned to classified positions shall be changed so as to either increase or decrease the cost of such employment.
History: L. 1953, ch. 375, § 7; L. 1972, ch. 332, § 70; L. 1978, ch. 332, § 43; July 1.
History: L. 1957, ch. 454, § 3; Repealed, L. 1972, ch. 332, § 97; July 1.
History: L. 2002, ch. 6, § 1; Apr. 4.
(b) Whenever the secretary of corrections, the director of Kansas correctional industries or the surplus property officer, or words of like effect, are referred to or designated by a statute, contract or other document, and such reference is in regard to any of the powers, duties or functions transferred to the secretary of administration by this section, such reference or designation shall be deemed to apply to the secretary of administration. Whenever the department of corrections or words of like effect are referred to or designated by a statute, contract or other document, and such reference is in regard to any of the powers, duties or functions transferred to the department of administration by this section, such reference or designation shall be deemed to apply to the department of administration.
(c) All rules and regulations, orders and directives of the secretary of corrections, the director of Kansas correctional industries or the surplus property officer that relate to the functions transferred by this section and which are in effect on the effective date of this act shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the secretary of administration until revised, amended, revoked or nullified pursuant to law.
(d) The secretary of administration shall succeed to all property, property rights and records pertaining to the surplus property programs transferred by this act. Any conflict as to the proper disposition of property, personnel or records arising under this act shall be determined by the governor, whose decision shall be final.
(e) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency or program mentioned in this act, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(f) On the effective date of this act, the balances of all funds or accounts thereof appropriated or reappropriated for the department of corrections that are attributable to the powers, duties and functions transferred by this act are hereby transferred within the state treasury to the department of administration and shall be used only for the purpose for which the appropriation was originally made.
(g) On the effective date of this act, liability for all accrued compensation or salaries of officers and employees who are transferred to the department of administration under this act shall be assumed and paid by the department of administration.
(h) When any conflict arises as to the disposition of any property, power, duty or function or the unexpended balance of any appropriation as a result of any abolition or transfer made by or under the authority of this act, such conflict shall be resolved by the governor, whose decision shall be final. No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
(i) All officers and employees of the department of corrections or Kansas correctional industries within the department of corrections who, immediately prior to the effective date of this act, are engaged solely in the exercise and performance of the powers, duties and functions transferred by this act are hereby transferred to the department of administration. All classified employees so transferred shall retain their status as classified employees.
(j) Officers and employees of the department of corrections transferred by this act shall retain all retirement benefits and leave balances and rights that had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. Any subsequent transfers, layoffs or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in this act shall affect the classified status of any transferred person employed prior to the date of transfer by the department of corrections.
History: L. 2004, ch. 121, § 1; July 1.
History: L. 1953, ch. 375, § 8; L. 1973, ch. 157, § 13; L. 1974, ch. 387, § 1; L. 1987, ch. 196, § 14; Feb. 19.
History: L. 1972, ch. 332, § 28; Repealed, L. 1976, ch. 388, § 4; April 23.
(a) The chairperson of the senate committee on ways and means, the president of the senate shall appoint a successor from the membership of such committee; and
(b) the chairperson of the house of representatives committee on appropriations, the speaker of the house shall appoint a successor from the membership of such committee.
History: L. 1953, ch. 375, § 9; L. 1974, ch. 387, § 2; L. 1987, ch. 196, § 15; Feb. 19.
History: L. 1953, ch. 375, § 10; L. 1968, ch. 208, § 12; L. 1974, ch. 387, § 3; L. 1975, ch. 447, § 1; L. 1976, ch. 233, § 2; April 20.
(1) Hear and determine appeals by any state agency from final decisions or final actions of the secretary of administration or the director of computer services.
(2) Approve, modify and approve or reject proposed rules and regulations submitted by the secretary of administration as provided in K.S.A. 75-3706, and amendments thereto.
(3) Make allocations to, and approve expenditures by a state agency, from any appropriations to the governor for that purpose, of funds for unanticipated and unbudgeted needs, under guidelines and limitations prescribed by K.S.A. 75-3711c, and amendments thereto, or other legislative enactment enhancing or altering K.S.A. 75-3711c, and amendments thereto.
(4) Exercise powers and perform functions specified for the state finance council or governor by the Kansas civil service act.
(b) (1) The chairperson and five or more other members of the state finance council shall constitute a quorum. Approval by the governor and approval by a majority vote of the legislative members of the state finance council shall govern, unless a unanimous vote is required by statute in any particular case.
(2) Whenever a matter is to be acted on by the state finance council and a unanimous vote is required to approve the particular matter by K.S.A. 48-924, 75-3713, 75-3713b or 75-3713c, and amendments thereto, or by any other statute, each member who is unable to attend the meeting at which the matter was voted on, may vote on the motion by written absentee vote in the manner prescribed by this subsection. In any such case, an absent member may vote on the motion by (A) writing the member's signature on a copy of the resolution setting forth the matter that is the subject of the motion, writing the date and indicating the member's vote for or against adoption of the resolution, and (B) submitting the copy of the resolution bearing the absentee vote to the secretary of the state finance council either before or not more than 10 days after the date of the meeting at which the motion was voted on. The secretary of the state finance council shall maintain each copy of a resolution bearing an absentee vote as part of the minutes and records of the meeting at which the motion on the resolution was voted on. The secretary shall indicate in the minutes of the meeting the name of each member voting in writing by absentee vote and the date on which the absentee vote was submitted to the secretary. If a particular matter requiring a unanimous vote receives the affirmative vote of each member of the state finance council attending the meeting and the affirmative absentee vote pursuant to this subsection of each member not attending the meeting, then the matter shall be deemed to have received the unanimous vote of all members of the state finance council.
(c) Whenever statutes provide for any matter to receive state finance council action, the same shall be made a matter of business before said council, if and only if the matter is characterized as a legislative delegation, and in other such cases the governor shall exercise the function specified for the state finance council by applying the guidelines and limitations of K.S.A. 75-3711c, and amendments thereto, or other legislative enactment enhancing or altering the same.
History: L. 1953, ch. 375, § 11; L. 1972, ch. 332, § 73; L. 1975, ch. 447, § 2; L. 1976, ch. 388, § 1; L. 2004, ch. 63, § 1; Apr. 15.
(b) Subject to the provisions of K.S.A. 75-3711b, and amendments thereto, any state agency not otherwise specifically authorized by law may contract with and (1) receive or spend or transfer or (2) receive and spend or transfer moneys from other state or federal agencies, with the approval of the state finance council.
(c) In addition to the findings required by subsection (c) of K.S.A. 75-3711c, and amendments thereto, functions under subsections (a) and (b) of this section shall be exercised only after a finding by the governor and a majority vote of the legislative members of the state finance council that the program proposed will benefit the health or welfare of the people of this state.
(d) No authorization under this section shall undertake to give any vested commitment that a future legislative enactment will provide any additional state funds to the purpose of the proposed program.
History: L. 1973, ch. 355, § 1; L. 1975, ch. 448, § 1; L. 1976, ch. 388, § 3; L. 1979, ch. 289, § 1; L. 2003, ch. 114, § 1; July 1.
(b) Nothing in K.S.A. 75-3711a, and amendments thereto, shall require approval of the state finance council for any contract requiring expenditures or transfers of an amount equal to $250,000 or less between any state educational institution, as defined in subsection (a) of K.S.A. 76-711, and amendments thereto, and any other state agency, including another state educational institution. Within 30 days after entering into each such contract, the state agency required to expend or transfer funds under the contract shall file a copy of the contract with the legislative research department.
History: L. 1973, ch. 355, § 2; L. 1975, ch. 448, § 2; L. 1979, ch. 289, § 2; L. 2003, ch. 114, § 2; July 1.
(1) Increase of expenditure limitations on special revenue funds imposed by legislative act.
(2) Grant of approval pursuant to K.S.A. 75-3711a and amendments thereto.
(3) Exercise of functions specified in K.S.A. 75-3712, 75-3713, 75-3713a or 75-3725a and amendments thereto.
(4) Exercise of the functions specified in K.S.A. 48-938 and amendments thereto.
(5) Increase of limitations imposed by legislative act on expenditures from reappropriated balances in state general fund accounts.
(6) Increase of limitations imposed by legislative act on the number of personnel positions paid from appropriations.
(b) All matters of business provided by this act to be performed by the governor in lieu of the state finance council are hereby declared to be executive functions to be exercised by the executive department subject to subsequent enactment by the legislature.
(c) The matters specified in subsection (a) shall be approved, authorized or directed by the governor and a majority vote of the legislative members of the state finance council. Except for functions specified in K.S.A. 75-3725a and amendments thereto or as otherwise specified by legislative act, such approval, authorization or direction shall be given only when the legislature is not in session, upon findings, in addition to any enhancement or alteration thereof by legislative enactment, that:
(1) Unforeseeable occurrence or unascertainable effects of a foreseeable occurrence characterize the need for the requested action, and delay until the next legislative session on the requested action would be contrary to paragraph (3) of this subsection.
(2) The requested action is not one that was rejected in the next preceding session of the legislature, and is not contrary to known legislative policy.
(3) In cases where the action is requested for a single state agency, the requested action will assist the state agency in attaining an objective or goal which bears a valid relationship to powers and functions of the state agency.
History: L. 1976, ch. 388, § 2; L. 1983, ch. 288, § 2; L. 1986, ch. 325, § 1; July 1.
History: L. 1979, ch. 289, § 3; Repealed, L. 2003, ch. 114, § 8; July 1.
(b) (1) Upon certification by the director of the budget to the director of accounts and reports that the unencumbered balance in the state emergency fund is insufficient to pay an amount that is necessary to finance an action approved by the state finance council pursuant to K.S.A. 75-3713, 75-3713a, 75-3713b, 75-3713c, 75-3713d or K.S.A. 2009 Supp. 75-3713e, and amendments thereto, the director of accounts and reports shall transfer an amount equal to the insufficient amount from the state general fund to the state emergency fund. The total of all amounts transferred from the state general fund to the state emergency fund pursuant to this subsection (b)(1) during any fiscal year shall not exceed $10,000,000, excluding all amounts transferred from the state general fund pursuant to subsection (b)(2).
(2) In addition to the provisions of subsection (b)(1), during the period commencing on the effective date of this act until January 14, 2008, notwithstanding the provisions of any other statute to the contrary:
(A) The director of the budget shall provide (i) notice to the state finance council that the unencumbered balance in the state emergency fund is insufficient to pay an amount that is necessary to finance an action approved by the state finance council pursuant to K.S.A. 75-3713, 75-3713a, 75-3713b, or K.S.A. 2009 Supp. 75-3713e, and amendments thereto, which is directly related to a severe weather-related state of disaster emergency declared by the governor pursuant to K.S.A. 48-924, and amendments thereto, and (ii) the director of the budget shall include with such notice the director's recommendations regarding a specific amount or amounts, which in the aggregate are equal to the insufficient amount, and which could be transferred to the state emergency fund for such purpose from the state general fund or any special revenue fund or funds, or any account or accounts of the state general fund or any such special revenue fund or funds; and
(B) upon approval such recommendation or any modification thereof by the state finance council, by unanimous vote of all of the members of the council, acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto, the director of the budget shall certify to the director of accounts and reports such recommendation, including any modifications, as approved by the state finance council; and
(C) upon receipt of such certification by the director of the budget, the director of accounts and reports shall transfer the amount or amounts specified in such certification from the state general fund or any special revenue fund or funds, or any account or accounts of the state general fund or any such special revenue fund or funds, to the state emergency fund, except that the total of all amounts transferred to the state emergency fund pursuant to this subsection (b)(2) during the period commencing on the effective date of this act until January 14, 2008, shall not exceed $25,000,000.
History: L. 1953, ch. 375, § 12; L. 1971, ch. 279, § 12; L. 1974, ch. 388, § 1; L. 1990, ch. 315, § 2; L. 2000, ch. 53, § 1; L. 2007, ch. 202, § 4; May 31.
(a) Preservation of the public health and the protection of persons and property from extraordinary conditions arising after, or which were not foreseen at the time, appropriations were made by the preceding regular legislative session.
(b) Repair or replacement of any building or equipment owned by the state which has been destroyed or damaged by sabotage, fire, flood, wind, tornado, catastrophe or act of God if such building or equipment is absolutely necessary for carrying out the function of the state agency using such building or equipment.
(c) Whenever the president of the United States, pursuant to Pub. L. No. 93-288 (May 22, 1974), the disaster relief act of 1974, has declared a major disaster to exist in this state, payment of the state share of the grants made to individuals and families in this state who are adversely affected by such major disaster, to meet disaster-related necessary expenses and serious expenses of such individuals and families under the grant program administered by the governor as authorized under K.S.A. 48-938 and as provided in said disaster relief act of 1974, subject to the limitations that such share shall not exceed an amount equal to twenty-five percent (25%) of the actual cost of meeting such expenses and needs as authorized by section 408 of said disaster relief act of 1974, and in any event shall not exceed one thousand two hundred and fifty dollars ($1,250) in the aggregate to any one individual or family with respect to any one major disaster.
History: L. 1953, ch. 375, § 13; L. 1955, ch. 372, § 1; L. 1967, ch. 460, § 1; L. 1975, ch. 283, § 31; April 11.
(b) Whenever a city, township, county or other political subdivision has any building or equipment damaged or destroyed by sabotage, fire, wind, tornado, catastrophe or act of God, such political subdivision may apply to the state finance council for a loan or grant of funds under this section. The loan or grant of funds by the state finance council under this section shall constitute authorization for such political subdivision to expend said funds to repair or replace any such damaged or destroyed building or equipment, if other authority does not exist therefor. Any funds received by a political subdivision pursuant to this section may be expended in the budget year in which they are received, even though the same were not included in such political subdivision's budget of expenditures for such year.
History: L. 1975, ch. 283, § 19; April 11.
(1) The payment of claims for entitlements under K.S.A. 48-265, 48-266, 48-267 or 48-269, and amendments thereto, which accrue to members of the Kansas national guard or the Kansas state guard in accordance with and subject to the provisions of K.S.A. 48-261 to 48-271, inclusive, and amendments thereto;
(2) the payment of any expenses or other amounts required to be paid which arise under the national guard mutual assistance compact in accordance with and subject to the provisions of said compact and K.S.A. 48-1701 to 48-1703, inclusive, and amendments thereto; and
(3) the payment of death benefits pursuant to K.S.A. 48-282, and amendments thereto.
(b) The exercise of functions specified in subsection (a) are hereby declared to be matters characterized as legislative delegations. Such functions may be exercised by the state finance council only when the legislature is not in session and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto.
History: L. 1976, ch. 235, § 1; L. 1980, ch. 276, § 1; L. 2005, ch. 207, § 3; L. 2005, ch. 1, § 3 (Special Session); Sept. 1.
(1) To identify the nature, extent and causes of defects in the design, construction or other work on the project;
(2) to provide architectural, engineering or other technical services to determine methods for correcting or repairing such defects; or
(3) to correct or repair such defects or to make other repairs or perform maintenance related to such defects.
(b) The functions specified in subsection (a) may be exercised by the state finance council only:
(1) By unanimous vote of all members of the state finance council;
(2) when the legislature is not in session; and
(3) for those purposes under subsection (a) for which there are not sufficient funds available and unencumbered (A) within the existing appropriations for such capital improvement project for the state agency or (B) within other existing appropriations for the state agency which are available for transfer to such capital improvement project under K.S.A. 75-3726a.
History: L. 1981, ch. 321, § 1; July 1.
(b) Except as otherwise provided in this act or by appropriation act of the legislature, moneys in such self-insurance fund of the state emergency fund may be used only for the purpose of repairing, constructing or replacing the property consisting of the improvements to the grandstand of the state fair and any furnishings, equipment or other property thereof which is under the care, custody and control of the state fair board when the original of any such property has been damaged, destroyed, stolen or otherwise lost by casualty, and which loss or any part thereof was not covered by insurance in a commercial insurance company. Moneys in such self-insurance fund may be expended for any auxiliary purpose, such as, but not limited to, business interruption losses, as are required under the bond covenants of the bonds issued on March 1, 1989, for the improvements to the grandstand at the state fair, except that third-party liability or employee casualty losses may not be paid from such self-insurance fund and no waiver of governmental immunity shall exist which will permit payment of any liability of such self-insurance fund except as specifically authorized by this section.
(c) The self-insurance fund established in the state emergency fund shall be administered by the state finance council. No expenditures shall be made from the moneys in such self-insurance fund, except that transfers may be made to the state fair capital improvements fund established by K.S.A. 2-223 and amendments thereto for expenditure for the purposes specified in subsection (b). Upon authorization by the chairperson of the state finance council for a purpose authorized by this section, the director of accounts and reports shall transfer the amount specified by the chairperson, of not to exceed $250,000, from the self-insurance fund established by this section in the state emergency fund to the state fair capital improvements fund.
History: L. 1990, ch. 315, § 1; April 5.
(b) The assistance payments under the program shall be available only for qualifying businesses as defined by this section. The program shall provide investment assistance payments and job restoration assistance payments that are applied for during the period commencing on the effective date of this act through June 30, 2008.
(c) Each investment assistance payment shall be an amount of not more than 10% of a qualifying investment made to rebuild or replace the building or structure or to replace the business machinery and equipment in the county. In accordance with policies adopted by the secretary of revenue, the investment assistance payment shall be for the purpose of assisting the business recover from the damage sustained from the storm on May 4, 2007. To be a qualifying investment under this program, the investment must be made between May 4, 2007, and June 30, 2008.
(d) Each job restoration assistance payment shall be an amount of not more than $3,500 per full-time-equivalent job for an employee the applicant business hires back in the county. In accordance with policies adopted by the secretary of revenue, the job restoration assistance payment shall be for the purpose of assisting the business recover from the damages sustained from the storm on May 4, 2007.
(e) As used in this section:
(1) "Business facility" means a building or structure used in business operations located within the county;
(2) "business machinery and equipment" means the real and tangible personal property permanently and physically located at a business facility and used in the business operations and shall not include (A) mobile equipment, such as motor vehicles, or (B) any items held for sale, such as business inventory;
(3) "qualifying business" means a business that was in existence and in operation providing goods or services within a county, which was struck by the tornado and other severe weather in Kansas on May 4, 2007, which had damage and destruction to governmental buildings and facilities to the extent that there was a complete interruption of all governmental services provided by a major town and the county government, and which suffered a major loss of the property tax base for the county of 25% or more, and that was damaged by the tornado and other severe storms that struck Kansas on May 4, 2007; and
(4) "qualifying job" means a job with a qualifying business that was lost as a result of damage sustained by the tornado and other severe storms that struck Kansas on May 4, 2007, that is restored and filled by an employee hired back in the county between May 4, 2007, and June 30, 2008, and shall not include any part-time job that provides the employee with less than 20 hours per week of paid employment.
(f) In accordance with the provisions of this section, the secretary of revenue shall adopt policies and procedures for the implementation and administration of the county business restoration assistance program and shall present such information to the state finance council requesting approval to make expenditures from the state emergency fund for assistance payments under the program in accordance with the proposed implementation and administration of the program. Upon approval of the state finance council by the affirmative vote of the governor and by a majority vote of the legislative members of the state finance council, acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto, and subject to the limitation that not more than $5,000,000 may be approved by the state finance council to be expended from the state emergency fund for such payments, the director of the budget shall certify to the director of accounts and reports the amount approved by the state finance council for expenditure by the department of revenue for such assistance payments from the state emergency fund.
History: L. 2007, ch. 202, § 1; May 31.
History: L. 1953, ch. 375, § 14; July 1.
History: L. 1972, ch. 332, § 3; L. 1981, ch. 341, § 1; L. 1988, ch. 332, § 2; May 12.
(b) The division of the budget and the director of the budget created by this act shall be the successors in every way, respectively, to the powers, duties and functions of the budget division and budget director in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed in the exercise of such powers, duties and functions by or under the authority of the division of the budget or director of the budget created by this act, respectively, shall be deemed to have the same force and effect as if performed by the budget division or budget director, respectively, in which such functions were vested prior to the effective date of this act.
(c) Whenever the budget division, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the division of the budget created by this act.
(d) Whenever the budget director, or words of like effect, is referred to or designated by a statute, contract or other document, such reference shall be deemed to apply to the director of the budget created by this act.
(e) All orders and directives of the budget director or the budget division in existence on the effective date of this act, shall continue to be effective and shall be deemed to be orders and directives of the director of the budget created by this act, until revised, amended, revoked or nullified pursuant to law.
(f) The division of the budget and director of the budget created by this act, respectively, shall be continuations of the budget division created by K.S.A. 75-3715 and the budget director provided to be appointed under K.S.A. 75-3703.
History: L. 1972, ch. 332, § 4; July 1.
(a) Keep in continuous touch with the operations, plans and needs of state agencies, and with the sources and amounts of revenue and other receipts of the state;
(b) analyze the quantity and quality of services rendered by each agency, and the needs for such services and for any new services;
(c) prepare under the supervision of the incoming governor, the budget report for submission to the legislature;
(d) prepare a legislative measure or measures reflecting the incoming governor's budget;
(e) consider and act on applications for transfers between appropriations of the same agency as provided by law;
(f) survey such work programs and periodical allotment requests submitted by state agencies as are required by this act;
(g) report to the governor and to the incoming governor on the operation of the budget system and advise and assist the governor, incoming governor, state finance council, legislature and its ways and means and appropriations committees on request, concerning any matters relating to the budget; and
(h) Provide management analysis service to state agencies.
History: L. 1953, ch. 375, § 15; L. 1972, ch. 332, § 74; L. 1987, ch. 196, § 16; Feb. 19.
The fiscal note, if possible, shall include a reliable estimate in dollars of the anticipated change in revenue, expenditures, or fiscal liability under the provisions of the bill. It also shall include a statement as to the immediate effect and, if determinable or reasonably foreseeable, the long-range effect of the measure. If, after careful investigation, it is determined that no dollar estimate is possible, the note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. Every agency and department of the state is directed to cooperate with the division of the budget in preparation of any fiscal note provided for by this act when, and to the extent, requested by the director of the budget.
No comment or opinion shall be included in the fiscal note regarding the merits of the measure for which the note is prepared.
History: L. 1965, ch. 470, § 1; L. 1971, ch. 280, § 1; L. 1994, ch. 232, § 3; July 1.
The director of the budget may require the estimated expenditures to be classified so as to set forth the data by funds, state agencies, character and objects of expenditures, which expenditures may also be required to be classified by functions and activities. The director of the budget may require the revenue estimates to show the basis upon which the estimates were made and the factors involved in the same, and to be classified so as to show receipts by funds, and sources and types of income. The director of the budget may require such further detail, work programs, supplemental and supporting data, and such information as may be necessary to carry out the provisions of this act.
History: L. 1953, ch. 375, § 16; L. 1972, ch. 332, § 75; July 1.
(1) A full explanation of the agency's request for any appropriations for the expansion of present services or the addition of new activities, including an estimate of the anticipated expenditures for the next fiscal year and for each of the three ensuing fiscal years which would be required to support each expansion of present services or addition of new services as requested by the state agency;
(2) a listing of all programs of the agency that provide services for children and their families and the following information regarding each such program: Of the amount of the agency's request for appropriations to fund the program, that amount which will be spent on services for children or families with children and the number of children or families with children who are served by the program; and
(3) a listing of the sources and amounts of all federal funds received or budgeted for by a state agency for the purpose of homeland security or for the purpose of sustaining, enhancing or improving the safety and security of the state, the amount of such funds budgeted for expenditure on administrative cost and the amount of such funds budgeted for expenditure on aid to each unit of local government.
(b) At the same time as each state agency submits to the division of the budget a copy of its budget estimate, and all amendments and revisions thereof, each such state agency shall submit a copy of such estimate, and all amendments and revisions thereof, directly to the legislative research department for legislative use.
(c) The director of the budget shall require the agencies to submit a sufficient number of copies of their budget estimates, and all amendments and revisions thereof, to the director's office to satisfy the requirements of such office and one additional copy for legislative use which shall be retained in the division of the budget until the budget of the governor is submitted to the legislature. On or before the day that such budget is submitted to the legislature such legislative use copy, posted to reflect the governor's budget recommendations, shall be submitted to the legislative research department for use by the ways and means committee of the senate and the committee on appropriations of the house of representatives. Following presentation of the governor's budget report to the legislature, the legislative research department may request and shall receive detailed information from the division of the budget on the governor's budget recommendations.
(d) The director of the budget may prepare budget estimates for any state agency failing to file a request.
(e) As used in this section, "services for children and their families" includes but is not limited to any of the following services, whether provided directly or made accessible through subsidies or other payments:
(1) Financial support for children and families with children or enforcement of the obligation to support a child or a family with one or more children;
(2) prenatal care, health care for children or immunizations for children;
(3) mental health or retardation services for children;
(4) nutrition for children or families with children or nutritional counseling or supplements for pregnant or nursing women;
(5) child care, early childhood education or parenting education;
(6) licensure or regulation of child care or early childhood education programs;
(7) treatment, counseling or other services to preserve families;
(8) care, treatment, placement or adoption of children without functioning families;
(9) services to prevent child abuse and to treat and protect child abuse victims;
(10) services for children who are pregnant, substance abusers or otherwise involved in high risk behavior;
(11) services related to court proceedings involving children; and
(12) youth employment services.
(f) On a biennial basis, the following state agencies shall file budget estimates under the provisions of subsection (a): Abstracters' board of examiners, behavioral sciences regulatory board, board of accountancy, board of examiners in optometry, board of nursing, consumer credit commissioner, Kansas board of barbering, Kansas board of examiners in fitting and dispensing of hearing aids, Kansas dental board, Kansas real estate commission, Kansas state board of cosmetology, office of the securities commissioner of Kansas, real estate appraisal board, state bank commissioner, state board of healing arts, state board of mortuary arts, state board of pharmacy, state board of technical professions, state board of veterinary examiners, governmental ethics commission and state department of credit unions.
History: L. 1953, ch. 375, § 17; L. 1971, ch. 184, § 24; L. 1975, ch. 277, § 2; L. 1976, ch. 146, § 47; L. 1978, ch. 355, § 1; L. 1985, ch. 282, § 1; L. 1987, ch. 196, § 17; L. 1990, ch. 316, § 1; L. 1992, ch. 294, § 9; L. 1994, ch. 208, § 1; L. 1994, ch. 274, § 17; L. 2000, ch. 168, § 4; L. 2004, ch. 148, § 2; July 1.
History: L. 1975, ch. 277, § 4; July 1.
(b) Not later than July 1 of each year, such state agency shall submit to the division of the budget a copy of such capital improvement budget estimate, and all amendments and revisions thereof, and at the same time such state agency shall submit copies of such capital improvement budget estimate, and all amendments and revisions thereof, directly to the state building advisory commission and to the joint committee on state building construction.
(c) On or before November 15 each year, the state building advisory commission shall report and make recommendations on each capital improvement budget estimate received pursuant to this section regarding the project costs, projected scheduling of funding for such costs, and such other matters as are deemed appropriate by the state building advisory commission, to: (1) The division of the budget; (2) the joint committee on state building construction; and (3) the legislative research department.
(d) Not later than July 1 of each year, each state agency submitting such budget estimates shall prepare and submit to the division of the budget, to the state building advisory commission and to the joint committee on state building construction copies of a five-year capital improvement program and facilities plan which shall set forth the current and future space needs and utilization plans for the next five ensuing fiscal years for that state agency in such form and containing such additional information as prescribed by the secretary of administration.
(e) Except as provided in this subsection, the provisions of this section do not apply to any capital improvement project for the adjutant general that is funded entirely by moneys from the federal government. During the month of January each year, the adjutant general shall present a report to the joint committee on state building construction on all capital improvement projects that are funded entirely by moneys from the federal government and that are proposed for the current and ensuing fiscal years.
(f) The provisions of this section do not apply to any capital improvement project for Kansas correctional industries of the department of corrections as provided in subsection (d) of K.S.A. 75-5282, and amendments thereto.
History: L. 1978, ch. 337, § 9; L. 1979, ch. 280, § 2; L. 1993, ch. 153, § 1; L. 1999, ch. 163, § 1; July 1.
History: L. 1978, ch. 21, § 20; July 1.
History: L. 1991, ch. 271, § 1; July 1.
(b) Not later than November 10 of each year, the director of the budget shall notify each state agency in writing of any revision of the agency's requests and the agency affected may request a hearing on such revision which request may be filed within 10 days after receipt of notice but, in any case, not later than November 20 of such year. If requested, the secretary of administration shall hold hearings on the tentative budget at which the administrative head of each state agency or the representative of such administrative head shall be entitled to be heard. The hearings provided for in this section shall be concluded not later than December 15 of such year.
(c) The director of the budget shall not revise the budget estimate for the judicial branch of state government that is submitted pursuant to K.S.A. 20-158, and amendments thereto.
History: L. 1953, ch. 375, § 18; L. 1955, ch. 373, § 1; L. 1972, ch. 332, § 76; L. 1979, ch. 290, § 2; L. 2003, ch. 99, § 21; July 1.
History: L. 1955, ch. 373, § 2; L. 1963, ch. 281, § 2; L. 1968, ch. 208, § 13; L. 1987, ch. 196, § 18; Feb. 19.
History: L. 1953, ch. 375, § 19; L. 1972, ch. 332, § 77; L. 1980, ch. 277, § 6; July 1.
(b) The budget director shall cause the governor's budget report to be printed prior to the date the governor is required to submit the governor's budget report to the legislature in accordance with K.S.A. 75-3721. On such date, copies of the governor's budget report shall be presented to each member of the legislature and made available to the public.
History: L. 1953, ch. 375, § 20; L. 1980, ch. 278, § 2; July 1.
(b) The budget report of the governor shall be set up in three parts, the nature and contents of which shall include the following:
(1) Part one shall consist of a budget message by such governor, including the governor's recommendations with reference to the fiscal policy of the state government for the current fiscal year and the ensuing fiscal year, describing the important features of the budget plan for each of the fiscal years included, embracing a general budget summary setting forth the aggregate figures of the budget so as to show the balanced relation between the total proposed expenditures and the total anticipated income for the current fiscal year and the ensuing fiscal year, with the basis and factors upon which the estimates were made, and the means of financing the budget plan for the each of the fiscal years included, compared with the corresponding figures for at least the last completed fiscal year, and the director of the budget shall prepare the figures for the governor for such comparisons.
(A) The budget plan shall not include (i) any proposed expenditures of anticipated income attributable to proposed legislation that would provide additional revenues from either current or new sources of revenue, or (ii) any proposed expenditures of moneys in the ending balance in the state general fund required by K.S.A. 75-6702, and amendments thereto.
(B) The general budget summary may be supported by explanatory schedules or statements, classifying the expenditures contained therein by state agencies, objects, and funds, and the income by state agencies, funds, sources and types. The general budget summary shall include all special or fee funds as well as the state general fund, and shall include the estimated amounts of federal aids, for whatever purpose provided, together with estimated expenditures therefrom.
(2) Part two shall embrace the detailed budget estimates for each of the fiscal years included, both of expenditures and revenues, showing the requests of the state agencies, if any, and the governor's recommendations thereon, which shall include amounts for payments by the state board of regents pursuant to K.S.A. 75-4364 and amendments thereto. It shall also include statements of the bonded indebtedness of the state, showing the actual amount of the debt service for at least the last completed fiscal year, and the estimated amount for the current fiscal year and for each of the ensuing fiscal years included, the debt authorized and unissued, and the condition of the sinking funds.
(3) Part three shall consist of a draft of a legislative measure or measures reflecting the governor's budget for all of the fiscal years included in the budget report.
(c) The division of the budget shall compile a children's budget document consisting of the information contained in agency budget estimates regarding programs that provide services for children and their families. Such document shall be provided to the Kansas children's cabinet established by K.S.A. 38-1901, and amendments thereto, and other persons or entities on request.
(d) The division of the budget, upon request, shall furnish the governor or the legislature with any further information required concerning the budget.
(e) Nothing in this section shall be construed to restrict or limit the privilege of the governor to present supplemental budget messages or amendments to previous budget messages, which may include proposals for expenditure of new or increased sources of revenue derived from proposed legislation.
(f) The budget estimate for the judicial branch of state government as submitted to the director of the budget pursuant to K.S.A. 20-158, and amendments thereto, shall be included in the governor's budget report.
(g) The division of the budget shall compile a Kansas homeland security budget document consisting of the information contained in agency budget estimates under subsection (a)(3) of K.S.A. 75-3717, and amendments thereto. Such document shall be provided to the house of representatives committee on appropriations, the senate committee on ways and means and such other committees upon request.
History: L. 1953, ch. 375, § 21; L. 1955, ch. 373, § 3; L. 1975, ch. 277, § 3; L. 1980, ch. 278, § 1; L. 1985, ch. 282, § 2; L. 1988, ch. 332, § 3; L. 1990, ch. 316, § 2; L. 1992, ch. 294, § 10; L. 1994, ch. 13, § 1; L. 1994, ch. 274, § 18; L. 2003, ch. 99, § 22; L. 2004, ch. 148, § 3; L. 2005, ch. 120, § 2; July 1.
History: L. 1953, ch. 375, § 21; L. 1955, ch. 373, § 3; L. 1975, ch. 277, § 3; L. 1980, ch. 278, § 1; L. 1985, ch. 282, § 2; L. 1988, ch. 332, § 3; L. 1990, ch. 350, § 4; Repealed, L. 1992, ch. 294, § 11; May 28.
Whenever for any fiscal year it appears that the resources of the general fund or any special revenue fund are likely to be insufficient to cover the appropriations made against such general fund or special revenue fund, the secretary of administration, on the advice of the director of the budget, shall, in such manner as he or she may determine, inaugurate the allotment system so as to assure that expenditures for any particular fiscal year will not exceed the available resources of the general fund or any special revenue fund for that fiscal year. The allotment system shall not apply to the legislature or to the courts or their officers and employees. Agencies affected by decisions of the secretary of administration under this section shall be notified in writing at least thirty (30) days before such decisions may become effective and any affected agency may, by written request addressed to the governor within ten (10) days after such notice, ask for a review of the decision by the finance council. The finance council shall hear appeals and render a decision within twenty (20) days after the governor receives requests for such hearings.
History: L. 1953, ch. 375, § 22; July 1.
(1) Thirty (30) days (or at such other time as requested by the director of the budget) before the beginning of the fiscal year, or before the effective date the agency is required to come under the allotment system, if it is different than the fiscal year, a statement of the funds estimated to become available, together with classifications of anticipated expenditures by month, quarter, semiannual or annual periods as determined.
(2) Thirty (30) days (or at such other time as requested by the director of the budget) before the beginning of the designated budget period (monthly, quarterly, semiannually or annually) of the fiscal year, and thirty (30) days (or at such other time as requested by the director of the budget) before the beginning of each budget period thereafter in the fiscal year, detailed statements of funds available, showing their sources and the specific purposes for which these funds are to be used.
These statements shall be coordinated with the statements required under subsection 1 of this section, and in each instance shall show that the agency will be able to keep within the funds available to it on an annual basis and to comply with the laws and any rules and regulations of the department.
History: L. 1953, ch. 375, § 23; July 1.
History: L. 1953, ch. 375, § 24; July 1.
History: L. 1953, ch. 375, § 25; L. 1972, ch. 332, § 78; July 1.
(b) Whenever it appears that the estimated resources for any fiscal year in the state general fund are sufficient to meet in full the estimated expenditures and obligations from such fund for such fiscal year and in addition to redeem any outstanding certificates of indebtedness issued pursuant to subsection (a), but that the estimated resources in the state general fund, including the amount of any outstanding certificate of indebtedness, in any month or months of such fiscal year are insufficient to meet in full the estimated expenditures and obligations for such month or months as the same become due, the state finance council may direct the pooled money investment board to issue another certificate of indebtedness. The issuance and redemption of any certificate of indebtedness issued under this subsection (b) shall be governed by the provisions of subsection (a).
History: L. 1970, ch. 363, § 1; L. 1976, ch. 58, § 6; L. 1983, ch. 288, § 1; L. 1994, ch. 13, § 2; March 17.
History: L. 1953, ch. 375, § 26; Repealed, L. 1975, ch. 449, § 2; April 18.
History: L. 1975, ch. 449, § 1; April 18.
History: L. 2003, ch. 95, § 1; Apr. 24.
History: L. 1953, ch. 375, § 27; Repealed, L. 1972, ch. 332, § 97; July 1.
History: L. 1972, ch. 332, § 5; L. 1984, ch. 323, § 16; July 1.
(b) The division of accounts and reports and the director of accounts and reports created by this act shall be the successors in every way, respectively, to the powers, duties and functions of the accounts and reports division and controller in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed in the exercise of such powers, duties and functions by or under the authority of the division of accounts and reports or director of accounts and reports created by this act, respectively, shall be deemed to have the same force and effect as if performed by the accounts and reports division or controller, respectively, in which such functions were vested prior to the effective date of this act.
(c) Whenever the accounts and reports division, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the division of accounts and reports created by this act.
(d) Whenever the controller, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the director of accounts and reports created by this act.
(e) All orders and directives of the controller or accounts and reports division in existence on the effective date of this act, shall continue to be effective and shall be deemed to be orders and directives of the director of accounts and reports or division of accounts and reports created by this act, until revised, amended, revoked or nullified pursuant to law.
(f) The division of accounts and reports and the director of accounts and reports created by this act, respectively, shall be continuations of the accounts and reports division created by K.S.A. 75-3727 and the controller provided to be appointed under K.S.A. 75-3703.
History: L. 1972, ch. 332, § 6; July 1.
The system shall provide records showing at all times by funds, accounts and other pertinent classifications, the amounts appropriated, the estimated revenues, actual revenues or receipts, the amounts available for expenditure, the total expenditures, the unliquidated obligations, actual balances on hand and the unencumbered balances of allotments or appropriations for each state agency.
The director of accounts and reports shall prescribe the necessary forms to be used by each county officer with reference to money to be received and transmitted to the state from any source in which the state may have an interest and it shall be the duty of every officer, assistant or employee of each county to use the forms of receipts, vouchers, classifications, reporting and accounting prescribed by the director of accounts and reports with reference to the conduct of state business and render such assistance as he or she may deem necessary in carrying out the provisions of this act.
History: L. 1953, ch. 375, § 28; July 1.
(a) "State agency" means any state office or officer, department, board, commission, institution, bureau or any other state authority which may lawfully request a state appropriation.
(b) "Head of a state agency" means the secretary of revenue, the secretary of administration, the secretary of social and rehabilitation services, the state board of regents, the chief executive officer of a state educational institution, the state board of education and the officer, board, commission or authority determined by the director of accounts and reports to have the chief policy making executive function of a state agency.
History: L. 1974, ch. 365, § 1; L. 1996, ch. 261, § 6; May 30.
(b) Subject to the provisions of subsection (d), all accounts receivable and taxes receivable that have been written off by a state agency pursuant to this section are hereby assigned to the director of accounts and reports. The director of accounts and reports is hereby authorized to pursue the collection of all accounts receivable and taxes receivable assigned to the director under this subsection. Each state agency to which such accounts receivable or taxes receivable were owed prior to the write-off and assignment thereof, shall give the director of accounts and reports all information relating thereto requested by the director of accounts and reports and officers and employees of such state agency shall participate in any hearings or litigation relating to collection of such accounts receivable or taxes receivable when requested to participate by the director of accounts and reports. The provisions of K.S.A. 75-6212, and amendments thereto, shall be applicable to information relating to accounts receivable and taxes receivable assigned pursuant to this section.
(c) All moneys collected by the director of accounts and reports on accounts receivable and taxes receivable written off and assigned to the director of accounts and reports under this section 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 accounting services recovery fund, except that in cases involving collection of debts arising out of the employment security law, the entire amount collected shall be credited to the employment security fund and an equal amount shall be transferred from the special employment security fund to the account services recovery fund.
(d) With regard to any accounts receivable that were payable to the secretary of labor pursuant to the employment security law, that were written off and assigned to the director of accounts and reports pursuant to this section and that the secretary of labor determines to be collectable by the secretary pursuant to the employment security law, the secretary of labor may request the director of accounts and reports to reinstate any such accounts receivable at any time prior to collection by the director of accounts and reports pursuant to this section. Upon receipt of such request, the director of accounts and reports shall reinstate such accounts receivable as debts owed to the secretary of labor and appropriate entries shall be made in the accounts and reports of the department of labor therefor. Upon such reinstatement, such reinstated accounts receivable are hereby reassigned to the secretary of labor.
History: L. 1974, ch. 365, § 2; L. 1983, ch. 289, § 2; L. 1988, ch. 343, § 2; L. 2001, ch. 5, § 385; L. 2004, ch. 179, § 117; July 1.
(b) The secretary of administration shall adopt rules and regulations as provided in K.S.A. 75-3706 specifying the conditions which shall apply to the write-off of accounts receivable and taxes receivable. Any such rule and regulation may apply generally or be limited to receivables of certain state agencies or institutions or to certain classes of receivables.
History: L. 1974, ch. 365, § 3; L. 1978, ch. 356, § 1; July 1.
History: L. 1974, ch. 365, § 4; July 1.
(a) "Canteen" means a retail store which offers for sale items of necessity, comfort and morale which otherwise are not accessible to persons in the environment of a state institution.
(b) "Canteen fund" means the moneys and other assets used for operation of a canteen.
(c) "Benefit fund" means the moneys and other assets available:
(1) To provide property, services or entertainment for persons in a state institution or in the legal custody of the secretary of corrections;
(2) to provide incentives for program and work participation and performance and other activities related to offender management for persons in the legal custody of the secretary of corrections; or
(3) for other purposes that benefit persons in a state institution or in the legal custody of the secretary of corrections.
(d) "Work therapy project" means a sheltered workshop or other similar vocational training activity provided by a state institution, whether on or off campus.
(e) "Work therapy fund" means the moneys and other assets used to operate a work therapy project for persons in a state institution.
(f) "State institution" means:
(1) Any institution as defined by K.S.A. 2009 Supp. 38-2302, K.S.A. 75-5202 or 76-12a01, and amendments thereto;
(2) the Kansas state school for the blind;
(3) the Kansas state school for the deaf; and
(4) the Kansas veterans' home and the Kansas soldiers' home, which are operated and administered by the commission on veterans affairs.
History: L. 1974, ch. 405, § 1; L. 1990, ch. 317, § 1; L. 1993, ch. 41, § 1; L. 2001, ch. 106, § 1; L. 2006, ch. 169, § 123; Jan. 1, 2007.
(b) Moneys of canteen funds, work therapy funds and benefit funds shall be deposited in an account of a financial institution designated by the pooled money investment board. Such financial institution shall be:
(1) A bank, a savings and loan association or a federally chartered savings bank, which bank, association or savings bank is insured by the federal government or an agency thereof; or
(2) a credit union which is insured with an insurer or guarantee corporation as required under K.S.A. 17-2246, and amendments thereto.
Except as otherwise directed by the pooled money investment board, moneys of canteen funds, work therapy funds and benefit funds shall be placed in one or more interest-bearing accounts.
(c) The provisions of K.S.A. 75-4217, and amendments thereto, and the provisions relating to security of article 42 of chapter 75 of Kansas Statutes Annotated shall apply to accounts in banks, savings and loan associations, credit unions and federally chartered savings banks under this section.
(d) Interest earned on moneys invested under this section shall be prorated at least monthly according to procedures approved by the director of accounts and reports and credited to the appropriate canteen funds, work therapy funds and benefit funds from which they were invested.
(e) Canteen funds, work therapy funds and benefit funds shall be subject to post audit under the provisions of the statutes contained in article 11 of chapter 46 of Kansas Statutes Annotated.
History: L. 1974, ch. 405, § 2; L. 1984, ch. 324, § 1; L. 1990, ch. 317, § 2; L. 2001, ch. 106, § 2; July 1.
History: L. 1974, ch. 405, § 3; L. 1990, ch. 317, § 3; March 29.
History: L. 1974, ch. 405, §§ 4, 5; L. 1990, ch. 317, §§ 4, 5; Repealed, L. 2001, ch. 106, § 5; July 1.
History: L. 1979, ch. 275, § 1; July 1.
History: L. 1980, ch. 260, § 1; Repealed, L. 1981, ch. 342, § 16; July 1.
History: L. 1953, ch. 375, § 29; L. 1990, ch. 318, § 2; July 1.
History: L. 1953, ch. 375, § 30; July 1.
History: L. 1973, ch. 362, §§ 1, 2; Repealed, L. 1998, ch. 203, § 201; June 4.
(b) Procedures for the processing of payrolls shall be prescribed by the director of accounts and reports, subject to the approval of the secretary of administration.
(c) The state treasurer shall transmit to the director of accounts and reports copies of all receipt documents showing all receipts received by the state treasurer. Such receipt documents shall be audited and examined by the director of accounts and reports.
History: L. 1953, ch. 375, § 31; L. 1968, ch. 311, § 1; L. 1990, ch. 318, § 3; L. 1994, ch. 274, § 10; July 1.
History: L. 1982, ch. 338, § 1; April 29.
(b) When the claim as shown to be due any individual payee on any voucher submitted by an agency is less than $5, no warrant shall be issued except as approved by the director of accounts and reports. Claims for amounts less than $5 shall be paid by an agency from the agency's imprest fund or petty cash fund under procedures prescribed by the director of accounts and reports or as otherwise prescribed by the director.
(c) The director of accounts and reports may designate one or more persons to sign, on behalf of the director of accounts and reports, warrants which do not exceed $5,000 for the payment of prizes to the holders of valid winning lottery tickets or shares pursuant to K.S.A. 74-8712, and amendments thereto.
(d) The secretary of administration and the state treasurer may agree, in writing, to establish funds transfers pursuant to article 4a of chapter 84 of the Kansas Statutes Annotated for various categories of payments. In addition to the paper warrants described in subsection (a), the term warrant or state warrant as used in state law, shall also include payments pursuant to any funds transfers authorized pursuant to this subsection.
History: L. 1953, ch. 375, § 32; L. 1979, ch. 291, § 1; L. 1986, ch. 326, § 1; L. 1987, ch. 292, § 28; L. 1990, ch. 318, § 4; L. 1994, ch. 105, § 2; April 14.
History: L. 1979, ch. 291, § 2; Repealed, L. 1988, ch. 344, § 3; Jan. 1, 1989.
(a) When federal laws or regulations of the federal agency making such funds available to the state prevent certain federal funds from being deposited, allocated or expended as provided by this act; or
(b) when authorized by the state treasurer and the director of accounts and reports and approved by the secretary of administration.
History: L. 1953, ch. 375, § 34; L. 1997, ch. 131, § 1; July 1.
(1) At least annually, prepare reports as of the close of the preceding reporting period or fiscal year showing the financial condition of each fund as of the close of the respective periods and the transactions of each fund for such reporting period or fiscal year. Each report shall be summarized for the governor, and whenever possible, shall be prepared on a basis comparative to like preceding periods.
(2) File with the governor on or before December 31 of each year, a report of the financial transactions of the preceding fiscal year and of the financial condition of the state as of the end of that year. The report also shall include any comments and supplementary data deemed necessary. This report shall be made available to the legislature and the public.
(3) Receive and respond to requests for information as to the financial condition and operation of the state, either directly or in cooperation with any state agency.
(4) Compile statistics necessary for the budget and other statistics required by the secretary of administration.
History: L. 1953, ch. 375, § 35; L. 2001, ch. 110, § 1; L. 2004, ch. 31, § 3; July 1.
History: L. 1953, ch. 375, § 36; July 1.
Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such production is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of the court. The introduction of a reproduced record, enlargement or facsimile does not preclude admission of the original. Nothing in this section shall affect the admissibility of evidence permitted by K.S.A. 75-3505 to 75-3508, inclusive, or any amendments thereto.
History: L. 1953, ch. 375, § 37; July 1.
History: L. 1972, ch. 332, § 7; L. 1978, ch. 332, § 44; July 1.
(b) The division of purchases and the director of purchases created by this act shall be the successors in every way, respectively, to the powers, duties and functions of the purchasing division and director of purchases in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed under the authority of the division of purchases or director of purchases created by this act, respectively, shall be deemed to have the same force and effect as if performed by the purchasing division or director of purchases, respectively, in which such functions were vested prior to the effective date of this act.
(c) Whenever the purchasing division, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the division of purchasing created by this act.
(d) Whenever the director of purchases, or words of like effect, is referred to or designated by a statute, contract or other document, such reference shall be deemed to apply to the director of purchases created by this act.
(e) All orders and directives of the director of purchases or purchasing division in existence on the effective date of this act, shall continue to be effective and shall be deemed to be orders and directives of the director of purchases created by this act, until revised, amended, revoked or nullified pursuant to law.
(f) The division of purchases and director of purchases created by this act, respectively, shall be continuations of the purchasing division created by K.S.A. 75-3738 and the director of purchases provided to be appointed under K.S.A. 75-3703.
History: L. 1972, ch. 332, § 8; July 1.
(a) Purchase, rent or otherwise provide for the furnishing of supplies, materials, equipment or contractual services for all state agencies.
(b) Have power to authorize any state agency to purchase directly certain specified supplies, materials, equipment or contractual services under prescribed conditions and procedures.
(c) Prescribe the manner in which supplies, materials and equipment shall be purchased, delivered and distributed.
(d) Prescribe the time, manner and authentication of making requisitions for supplies, materials, equipment and contractual services.
(e) Establish standards of quality and quantity and develop standard specifications in consultation with the several state agencies.
(f) Prescribe the manner of making chemical and physical tests of samples submitted with bids and samples of deliveries to determine compliance with specifications and the manner in which state agencies shall inspect all deliveries of supplies, materials and equipment.
(g) Prescribe the amounts and form of, accounting for and disposition of any deposit or bond required to be submitted with a bid or a contract and the amount of any such deposit or bond to be given for the faithful performance of a contract.
History: L. 1953, ch. 375, § 38; L. 1963, ch. 432, § 1; L. 1972, ch. 332, § 79; L. 1983, ch. 290, § 3; L. 1986, ch. 327, § 4; L. 1987, ch. 341, § 4; L. 2003, ch. 114, § 3; July 1.
(a) All contracts for construction and repairs, and all purchases of and contracts for supplies, materials, equipment and contractual services to be acquired for state agencies shall be based on competitive bids, except that competitive bids need not be required in the following instances:
(1) For contractual services, supplies, materials, or equipment when, in the judgment of the director of purchases, no competition exists;
(2) when, in the judgment of the director of purchases, chemicals and other material or equipment for use in laboratories or experimental studies by state agencies are best purchased without competition, or where rates are fixed by law or ordinance;
(3) when, in the judgment of the director of purchases, an agency emergency requires immediate delivery of supplies, materials or equipment, or immediate performance of services;
(4) when any statute authorizes another procedure or provides an exemption from the provisions of this section;
(5) when compatibility with existing contractual services, supplies, materials or equipment is the overriding consideration;
(6) when a used item becomes available and is subject to immediate sale; or
(7) when, in the judgment of the director of purchases and the head of the acquiring state agency, not seeking competitive bids is in the best interest of the state.
When the director of purchases approves a purchase of or contract for supplies, materials, equipment, or contractual services in any instance specified in this subsection, the director may delegate authority to make the purchase or enter the contract under conditions and procedures prescribed by the director. Except for purchases or contracts entered into without a competitive bid under subsection (a)(3), (a)(4), (a)(6) or subsection (h), no purchase or contract entered into without a competitive bid for an amount in excess of $100,000 shall be entered into by the head of any state agency or approved by the director of purchases unless the director of purchases first posts an on-line notice of the proposed purchase or contract at least seven days before the purchase or contract is awarded. The director of purchases shall provide notice thereof to members of the legislature at the beginning of each calendar year that such information will be posted and the director of the division of purchases shall provide the uniform resource locator (URL) and the number of times such information shall be available. In the event a written protest of the awarding of such a contract occurs during the seven-day notice period, the director of purchases shall request from the protestor the contact information, including name and mailing address, of the person or entity that has expressed an interest in supplying the goods or services and provide a copy of the specification to the person or entity that has expressed an interest in supplying the goods or services and verify that such person or entity is interested and capable of supplying such goods or services.
Upon satisfaction of the director of purchases regarding the validity of the protest and the existence of competition, the director of purchases shall proceed with a competitive procurement. A competitive procurement shall not be required when, in the judgment of the director of purchases, the validity of the protest cannot be determined or competition for such goods or services cannot be verified by the director of purchases.
The director of purchases shall prepare a detailed report at least once in each calendar quarter of all contracts over $5,000 entered into without competitive bids under subsection (a)(1), (2), (3), (5), (6) or (7). The director shall submit the report to the legislative coordinating council, the chairperson of the committee on ways and means of the senate and the chairperson of the committee on appropriations of the house of representatives.
(b) (1) If the amount of the purchase is estimated to exceed $50,000, sealed bids shall be solicited by notice published once in the Kansas register not less than 10 days before the date stated in the notice for the opening of the bids. The director of purchases may waive this publication of notice requirement when the director determines that a more timely procurement is in the best interest of the state. The director of purchases also may designate a trade journal for the publication. The director of purchases also shall solicit such bids by sending notices by mail to prospective bidders and by posting the notice on a public bulletin board for at least 10 business days before the date stated in the notice for the opening of the bids unless otherwise provided by law. All bids shall be sealed when received and shall be opened in public at the hour stated in the notice.
(2) The director of purchases shall prepare a detailed report at least once in each calendar quarter of all instances in which the director waived publication of the notice of bid solicitations in the Kansas register as provided in this subsection. The director shall submit the report to the legislative coordinating council, the chairperson of the committee on ways and means of the senate and the chairperson of the committee on appropriations of the house of representatives.
(c) All purchases estimated to exceed approximately $25,000 but not more than $50,000, shall be made after receipt of sealed bids following at least three days' notice posted on a public bulletin board.
(d) All purchases estimated to be more than $5,000, but less than $25,000, may be made after the receipt of three or more bid solicitations by telephone, telephone facsimile or sealed bid, following at least three days' notice posted on a public bulletin board. Such bids shall be recorded as provided in subsection (e) of K.S.A. 75-3740 and amendments thereto. Any purchase that is estimated to be less than $5,000 may be purchased under conditions and procedures prescribed by the director of purchases. Purchases made in compliance with such conditions and procedures shall be exempt from other provisions of this section.
(e) With the approval of the secretary of administration, the director of purchases may delegate authority to any state agency to make purchases of less than $25,000 under certain prescribed conditions and procedures. The director of purchases shall prepare a report at least once in each calendar quarter of all current and existing delegations of authority to state agencies as provided in this subsection. The director shall submit the report to the legislative coordinating council, the chairperson of the committee on ways and means of the senate and the chairperson of the committee on appropriations of the house of representatives.
(f) Subject to the provisions of subsection (e), contracts and purchases shall be based on specifications approved by the director of purchases. When deemed applicable and feasible by the director of purchases, such specifications shall include either energy efficiency standards or appropriate life cycle cost formulas, or both, for all supplies, materials, equipment and contractual services to be purchased by the state. The director of purchases may reject a contract or purchase on the basis that a product is manufactured or assembled outside the United States. No such specifications shall be fixed in a manner to effectively exclude any responsible bidder offering comparable supplies, materials, equipment or contractual services.
(g) Notwithstanding anything herein to the contrary, all contracts with independent construction concerns for the construction, improvement, reconstruction and maintenance of the state highway system and the acquisition of rights-of-way for state highway purposes shall be advertised and let as now or hereafter provided by law.
(h) The director of purchases may authorize state agencies to contract for services and materials with other state agencies, or with federal agencies, political subdivisions of Kansas, agencies of other states or subdivisions thereof, or private nonprofit educational institutions, without competitive bids.
(i) The director of purchases may participate in, sponsor, conduct, or administer a cooperative purchasing agreement or consortium for purchases of supplies, materials, equipment, and contractual services with federal agencies or agencies of other states or local units of government. Cooperative purchasing agreements entered into under this subsection shall not be subject to K.S.A. 75-3739 through 75-3740a, and amendments thereto.
(j) The director of purchases may delegate authority to any state agency to make purchases under certain prescribed conditions and procedures when the acquisition is funded, in whole or in part, from a grant. Except as otherwise provided in subsection (k) of this section, purchases made in compliance with such conditions and procedures shall be exempt from other provisions of this section. As used in this subsection the term "grant" means a disbursement made from federal or private funds, or a combination of these sources, to a state agency. Nothing in this subsection shall allow federal grant moneys to be handled differently from any other moneys of the state unless the requirements of the applicable federal grant specifically require such federal moneys to be handled differently.
(k) The director of purchases shall prepare a detailed report at least once each calendar quarter of all contracts over $5,000 for services, supplies, materials or equipment entered into pursuant to subsection (h), (i) or (j) and submit it to the legislative coordinating council, the chairperson of the committee on ways and means of the senate and the chairperson of the committee on appropriations of the house of representatives.
(l) Except as otherwise specifically provided by law, no state agency shall enter into any lease of real property without the prior approval of the secretary of administration. A state agency shall submit to the secretary of administration such information relating to any proposed lease of real property as the secretary may require. The secretary of administration shall either approve, modify and approve or reject any such proposed lease.
(m) The director of purchases shall require all bidders on state contracts to disclose all substantial interests held by the bidder in the state.
(n) As used in article 37 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto, and other statutory provisions concerning state procurement, "sealed bids," "bulletin boards" and "mail" shall include electronic bids, electronic bulletin boards and electronic mail when such items are utilized in accordance with procedures prescribed by the director of purchases.
History: L. 1953, ch. 375, § 39; L. 1968, ch. 311, § 2; L. 1975, ch. 450, § 1; L. 1978, ch. 357, § 1; L. 1979, ch. 289, § 5; L. 1980, ch. 279, § 1; L. 1981, ch. 324, § 25; L. 1984, ch. 325, § 1; L. 1987, ch. 341, § 5; L. 1987, ch. 196, § 19; L. 1987, ch. 342, § 1; L. 1987, ch. 343, § 1; L. 1987, ch. 343, § 2; L. 1996, ch. 201, § 8; L. 1998, ch. 182, § 27; L. 2003, ch. 114, § 6; July 1.
(b) The provisions of K.S.A. 75-430, and amendments thereto, relating to advertisements in the Kansas register and the provisions of K.S.A. 75-3739 et seq., and amendments thereto, regarding procedures for sealed bidding and the opening of bids shall not apply to bids or purchases conducted under the reverse auctioning electronic procurement process in accordance with this section. All bids submitted under the reverse auctioning electronic procurement process in accordance with this section shall be subject to the open records act.
(c) Reverse auctioning shall not be used for the acquisition of any services for construction projects or for the acquisition of any other services.
(d) As used in this section, "reverse auctioning" means a procurement process following procedures approved by the director of purchases where bidders are invited to bid on specific goods through real-time electronic bidding, with the award being made to the lowest responsible and responsive bidder; during the bidding process, bidders' prices are revealed and bidders shall have the opportunity to modify their bid prices for the duration of the time period established for the bid opening.
History: L. 2001, ch. 212, § 1; L. 2002, ch. 183, § 1; L. 2003, ch. 114, § 7; July 1.
(b) The director of purchases shall have power to decide as to the lowest responsible bidder for all purchases, but if:
(1) The dollar amount of the bid received from the lowest responsible bidder from within the state is identical to the dollar amount of the bid received from the lowest responsible bidder from without the state, the contract shall be awarded to the bidder from within the state; and
(2) in the case of bids for paper products specified in K.S.A. 75-3740b, the dollar amounts of the bids received from two or more lowest responsible bidders are identical, the contract shall be awarded to the bidder whose bid is for those paper products containing the highest percentage of recycled materials.
(c) Any or all bids may be rejected, and a bid shall be rejected if it contains any material alteration or erasure made after the bid is opened. The director of purchases may reject the bid of any bidder who is in arrears on taxes due the state, who is not properly registered to collect and remit taxes due the state or who has failed to perform satisfactorily on a previous contract with the state. The secretary of revenue is hereby authorized to exchange such information with the director of purchases as is necessary to effectuate the preceding sentence notwithstanding any other provision of law prohibiting disclosure of the contents of taxpayer records or information. Prior to determining the lowest responsible bidder on contracts for construction of buildings or for major repairs or improvements to buildings for state agencies, the director of purchases shall consider: (1) The criteria and information developed by the secretary of administration, with the advice of the state building advisory commission to rate contractors on the basis of their performance under similar contracts with the state, local governmental entities and private entities, in addition to other criteria and information available, and (2) the recommendations of the project architect, or, if there is no project architect, the recommendations of the secretary of administration or the agency architect for the project as provided in K.S.A. 75-1254, and amendments thereto. In any case where competitive bids are required and where all bids are rejected, new bids shall be called for as in the first instance, unless otherwise expressly provided by law or the state agency elects not to proceed with the procurement.
(d) Before the awarding of any contract for construction of a building or the making of repairs or improvements upon any building for a state agency, the director of purchases shall receive written approval from the state agency for which the building construction project has been approved, that the bids generally conform with the plans and specifications prepared by the project architect, by the secretary of administration or by the agency architect for the project, as the case may be, so as to avoid error and mistake on the part of the contractors. In all cases where material described in a contract can be obtained from any state institution, the director of purchases shall exclude the same from the contract.
(e) All bids with the names of the bidders and the amounts thereof, together with all documents pertaining to the award of a contract, shall be made a part of a file or record and retained by the director of purchases for five years, unless reproduced as provided in K.S.A. 75-3737, and amendments thereto, and shall be open to public inspection at all reasonable times.
(f) As used in this section and in K.S.A. 75-3741, and amendments thereto, "project architect" shall have the meaning ascribed thereto in K.S.A. 75-1251, and amendments thereto.
History: L. 1953, ch. 375, § 40; L. 1978, ch. 337, § 12; L. 1986, ch. 328, § 1; L. 1990, ch. 319, § 14; L. 2003, ch. 114, § 4; July 1.
History: L. 1972, ch. 336, § 1; L. 1984, ch. 326, § 1; July 1.
(1) "Newsprint," "printing paper" and "writing paper" have the meanings provided by 40 CFR 250.4 (53 Fed. Reg. 23562-23563).
(2) "Waste paper" means waste paper, as defined by 40 CFR 250.4 (53 Fed. Reg. 23562-23563), containing not less than 10% postconsumer material by weight.
(b) Subject to the provisions of subsection (c), the state shall spend on newsprint or high grade bleached printing or writing paper containing not less than 50% waste paper by weight, if sufficient amounts of such paper are available:
(1) For the fiscal years beginning July 1, 1991, and July 1, 1992, an amount equal to not less than 10% of the total dollar amount of newsprint and high grade bleached printing and writing paper purchased by the state during the immediately preceding fiscal year;
(2) for the fiscal year beginning July 1, 1993, an amount equal to not less than 15% of the total dollar amount of newsprint and high grade bleached printing and writing paper purchased by the state during the immediately preceding fiscal year;
(3) for the fiscal year beginning July 1, 1994, an amount equal to not less than 20% of the total dollar amount of newsprint and high grade bleached printing and writing paper purchased by the state during the immediately preceding fiscal year; and
(4) for fiscal years beginning on and after July 1, 1995, an amount equal to not less than 25% of the total dollar amount of newsprint and high grade bleached printing and writing paper purchased by the state during the immediately preceding fiscal year.
(c) In determining the lowest responsible bidder for any purchase of newsprint or high grade bleached printing or writing paper, the director of purchases of the department of administration, or any other state officer or employee authorized to make purchases directly for a state agency, shall give the following price preferences to any bidder whose bid is for newsprint or high grade bleached printing or writing paper containing not less than 50% waste paper by weight unless the requirements of subsection (b) have been met:
(1) For the fiscal years beginning July 1, 1991, and July 1, 1992, 20%;
(2) for the fiscal year beginning July 1, 1993, 15%;
(3) for the fiscal year beginning July 1, 1994, 10%; and
(4) for fiscal years beginning on and after July 1, 1995, 5%.
(d) The director of accounts and reports and the director of purchases of the department of administration, and any other state officer or employee authorized to make purchases directly for a state agency, shall cooperate to implement the provisions of this section.
(e) Annually, on or before the first day of the regular legislative session, the director of the division of purchases of the department of administration shall submit to the legislature a report on progress in implementing the provisions of this section.
History: L. 1990, ch. 319, § 12; July 1.
History: L. 1990, ch. 319, § 13; July 1.
(b) (1) Prior to the preparation of contract documents for a project for the construction of a building or for major repairs or improvements to a building under this section, it shall be determined in accordance with this paragraph (1) of subsection (b) if plans and specifications will be prepared and bids let for the project as a whole or if plans and specifications will be prepared and bids let independently for: (A) Electrical work portions of the project; (B) mechanical work portions of the project; and (C) all other work required for completion of the project. If the total cost of the project is expected to exceed $250,000, the secretary of administration, with the advice of the project architect and the negotiating committee convened for the project under K.S.A. 75-1253, and amendments thereto, shall determine if plans and specifications will be prepared and bids let for the project as a whole or for each of the three specified portions of the project independently. If the total cost of the project is not expected to exceed $250,000 but a project architect will provide the architectural services for the project, the secretary of administration, with the advice of the project architect, shall determine if plans and specifications will be prepared and bids let for the project as a whole or for each of the three specified portions of the project independently. Whenever the architectural services for any project are provided by the state under K.S.A. 75-1254, and amendments thereto, the secretary of administration shall determine if plans and specifications will be prepared and bids let for the project as a whole or for each of the three specified portions of the project independently.
(2) Upon any project for which plans and specifications will be prepared and bids let for the project as a whole the general contractor shall submit with the bid the names and addresses of subcontractors in accordance with this paragraph (2) of subsection (b). The general contractor shall submit the name and address of the electrical subcontractor for the electrical work portions of the project and the name and address of the mechanical subcontractor for the mechanical work portions of the project, if the general contractor will be subcontracting for such work. If there are project alternates listed in the bid documents and the general contractor's choice of subcontractors is dependent upon the combination of project alternates the state chooses, the general contractor shall submit for each combination of project alternates under which any subcontractor would change from the one named in the base bid, at the time such contractor submits such bid: (A) The name and address of the electrical subcontractor, if the general contractor will be subcontracting for the electrical work portions thereunder; and (B) the name and address of the mechanical subcontractor, if the general contractor will be subcontracting for the mechanical work portions thereunder. All changes and substitutions in listed subcontractors shall be subject to approval of the secretary of administration.
(3) Upon any project for which plans and specifications will be prepared and bids let independently for each of the three specified portions of the work for the project, the contractor for one of the three specified portions of the project shall be designated as the prime contractor for the project in accordance with this paragraph (3) of subsection (b). If the total cost of the project is expected to exceed $250,000, the secretary of administration, with the advice of the project architect and the negotiating committee convened for the project under K.S.A. 75-1253, and amendments thereto, shall designate the prime contractor for the project. If the total cost of the project is not expected to exceed $250,000 but a project architect will provide the architectural services for the project, the secretary of administration, with the advice of the project architect, will designate the prime contractor for the project. Whenever the architectural services for any project are provided by the state under K.S.A. 75-1254, and amendments thereto, the secretary of administration shall designate the prime contractor for the project. The prime contractor shall be responsible for coordinating all work upon the project, and all other contractors and subcontractors shall provide work for the project in accordance with the direction of the prime contractor. In each case where a contractor or subcontractor for the project delays the work on the project or incorporates materials or work of unsatisfactory quality into the project, the prime contractor shall notify the secretary of administration, the project architect, the state agency concerned and such contractor or subcontractor of such delay or unsatisfactory materials or work.
(4) The secretary of administration shall adopt, with the advice of the state building advisory commission, a standard contract for use in connection with projects upon which bids are let for the project as a whole and a separate standard contract for each of the portions of a project for which bids are let independently. No such standard contract adopted by the secretary of administration shall contain any provisions authorizing arbitration of any matters thereunder.
(5) The secretary of administration may adopt rules and regulations necessary for the implementation and administration of the provisions of this subsection (b).
(c) The project architect performing construction administration services as described in K.S.A. 75-1260, and amendments thereto, or, if there is no project architect, the secretary of administration or the agency architect for the project as provided in K.S.A. 75-1254, shall have charge of the construction of all buildings and the major repairs or improvements to buildings for state agencies. The original construction contracts for such projects shall be changed only by written change order signed by the director of architectural services with the approval of the secretary of administration and upon the recommendation of: (1) The project architect or, if there is no project architect, at the direction of the secretary of administration or the agency architect for the project as provided in K.S.A. 75-1254, and amendments thereto; (2) the state agency for which the building construction project has been approved; and (3) the director of accounts and reports. In each case where a change order is competitively bid, the change order shall also be signed by the director of purchases.
(d) If the director of purchases believes there is collusion and combination involved in any bids received for any contract for the construction of a building or for major repairs or improvements to a building for the use and benefit of a state agency, the director of purchases shall reject any and all such bids and shall solicit new bids for the contract. If after receiving new bids the director of purchases believes there is again collusion and combination and that such collusion and combination would not be avoided by again soliciting new bids, the director of purchases shall let the contract by direct negotiation, except that: (1) The cost thereof shall not exceed the lowest responsible bid that had been offered; and (2) such contract shall not be negotiated or entered into with any bidder believed by the director of purchases to have been involved to any degree in such collusion and combination.
(e) In the event of a disagreement between the project architect, the secretary of administration or the agency architect for the project as provided in K.S.A. 75-1254, and amendments thereto, and the administrative head of the state agency for which the project is to be completed, as to the administration of the provisions of this section, the secretary of administration shall submit the matter to the governor and the decision of the governor shall be final.
(f) The provisions of this section shall not be construed to prohibit the administrative head of any state agency from making any improvement or improvements when the same can be made by institutional labor or the use of material manufactured in any state institution.
History: L. 1953, ch. 375, § 41; L. 1978, ch. 337, § 13; L. 1979, ch. 280, § 3; L. 1981, ch. 343, § 4; L. 1983, ch. 291, § 1; July 1.
History: L. 1981, ch. 343, § 3; July 1.
(b) The secretary of administration shall report any such negotiated contract to the joint committee on state building construction.
(c) No contract entered into under this section by a state agency shall be binding on the state agency until sufficient moneys have been encumbered therefor on the records of the division of accounts and reports.
History: L. 1983, ch. 271, § 1; July 1.
(b) Notwithstanding the provisions of subsection (a), the secretary of administration, with the concurrence of the state agency that owns the property, may request that the city, township, county or other political subdivision in which a state capital improvement project is located provide code review or inspection services required by this section or K.S.A. 75-1262, and amendments thereto. The city, township, county or other political subdivision shall be compensated for such services from funds appropriated for the project or available therefor. The amount of such compensation shall be based on the fee schedule established by the city, county, township or other political subdivisions.
(c) State capital improvement projects shall be exempt from the payment of fees relating to local zoning ordinances and resolutions, but the state shall reimburse a political subdivision for any related publication expenses incurred by the political subdivision.
History: L. 1983, ch. 270, § 1; L. 2003, ch. 92, § 2; Apr. 24.
History: L. 1953, ch. 375, § 42; L. 1978, ch. 337, § 14; L. 1979, ch. 280, § 4; May 17.
History: L. 1953, ch. 375, § 43; L. 1972, ch. 332, § 80; July 1.
(1) Every contract subject to the approval of the attorney general shall be signed by the administrative head of the affected state agency. No such contract shall be valid or effective without the approval and signature of the director of purchases and the countersignature of the director of accounts and reports.
(2) All other purchase orders and contracts issued or entered into by the division of purchases shall be signed by the director of purchases. Such purchase orders or contracts shall show on their face that an appropriation fund or allotment has been encumbered for the full amount of the liability.
History: L. 1953, ch. 375, § 44; L. 1972, ch. 332, § 81; L. 1973, ch. 356, § 1; July 1.
(b) All bulk motor-vehicle fuels purchased by any state agency, as defined in K.S.A. 75-3701, and amendments thereto, in each fiscal year for use in state-owned motor vehicles shall be motor-vehicle fuels blends containing at least 10% ethanol. No state agency shall spend more than ten cents per gallon more on fuel blends containing at least 10% ethanol than the current price per gallon of regular fuel on bulk motor vehicle fuel purchases.
(c) Where available under current state purchasing agreements, individual motor-vehicle fuel purchases for state-owned motor vehicles shall be of motor-vehicle fuels blends containing at least 10% ethanol. Individual motor vehicle fuel purchases for state-owned motor vehicles shall not be more than 10 cents per gallon more on fuel blends containing at least 10% ethanol than the current price per gallon of regular fuel.
(d) Where available, and as long as the price is no greater than 10 cents more per gallon than the price of diesel fuel, a 2% or higher blend of biodiesel must be purchased for use in state-owned diesel powered vehicles and equipment.
History: L. 2003, ch. 68, § 2; July 1.
History: L. 1953, ch. 375, § 45; Repealed, L. 1972, ch. 332, § 97; July 1.
History: L. 1972, ch. 332, §§ 9, 10; Repealed, L. 1978, ch. 345, § 17; July 1.
History: L. 1978, ch. 345, § 1; July 1.
(b) The division of personnel services and the director of personnel services created by this act shall be the successors in every way, respectively, to the powers, duties and functions of the division of personnel and director of personnel in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed under the authority of the division of personnel services or director of personnel services created by this act, respectively, shall be deemed to have the same force and effect as if performed by the division of personnel or director of personnel, respectively, in which such functions were vested prior to the effective date of this act.
(c) Whenever the division of personnel, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the division of personnel services created by this act.
(d) Whenever the director of personnel, or words of like effect, is referred to or designated by a statute, contract or other document, such reference shall be deemed to apply to the director of personnel services created by this act.
(e) All orders and directives of the director of personnel or division of personnel in existence on the effective date of this act, shall continue to be effective and shall be deemed to be orders and directives of the director of personnel services created by this act, until revised, amended, revoked or nullified pursuant to law.
(f) The division of personnel services and director of personnel services created by this act, respectively, shall be continuations of the division of personnel created by K.S.A. 1978 Supp. 75-3745a and the director of personnel provided to be appointed under K.S.A. 1978 Supp. 75-3745a.
History: L. 1978, ch. 345, § 2; July 1.
History: L. 1978, ch. 345, § 3; July 1.
History: L. 1978, ch. 345, § 4; July 1.
(b) When any conflict arises as to the proper disposition of any property or records as a result of any abolishment or transfer made under this act, or under authority of this act, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
History: L. 1978, ch. 345, § 5; July 1.
History: L. 1978, ch. 345, § 6; July 1.
(a) Require the development of effective personnel administration within all agencies in the state and make available the facilities of the division of personnel services to this end.
(b) Keep in the office of the division of personnel services an official roster of the state civil service showing the employment history of each and every person who has been appointed to, employed, promoted, reduced or reinstated in any position in such service. The director of personnel services shall have access to all public records and papers, the examination of which will aid in the discharge of the director's duty in connection with this roster.
(c) Prepare, in accordance with the provisions of the Kansas civil service act and rules and regulations adopted thereunder as provided in K.S.A. 75-3706 and amendments thereto, examinations, eligible lists and ratings of candidates for appointment.
(d) Make certification for appointment within the classified service, in accordance with the provisions of the Kansas civil service act.
(e) Make investigations concerning all matters touching the enforcement and effect of the provisions of the Kansas civil service act and rules and regulations adopted thereunder as provided in K.S.A. 75-3706 and amendments thereto.
(f) Make an annual report to the secretary of administration, the legislature and the governor regarding the activities of the division.
(g) Attend or designate a representative to attend all meetings of the state civil service board.
(h) Prepare and recommend to the secretary of administration rules and regulations suitable for adoption as provided in K.S.A. 75-3706 and amendments thereto for the purpose of carrying out the provisions of the Kansas civil service act. Such rules and regulations shall provide, among other things, for current records of efficiency for methods of regular distribution of communication materials; the manner of completing appointments and promotions; the rejection of eligible candidates; competitive examinations; creation of eligible lists with successful candidates ranked according to their rating in the examinations; leave of absence with and without pay; transfers, reinstatements, layoffs, vacations and public notice of examinations; procedure for changes in rates of pay; hours of work and other conditions of employment; the establishment of programs, including trainee programs, designed to attract and utilize persons with limited qualifications, but with potential for development, in order to provide career development opportunities; establishment of a plan for resolving employee grievances and complaints; development and operation of programs to improve work effectiveness, including orientation, on-the-job training, supervisory training, managerial development, safety, fringe benefit counseling and employee relations; and the establishment of policies regarding manpower allocation and control.
(i) Conduct regular planned assistance visits from the division of personnel services to review personnel practices of agencies and identify agency needs.
(j) Administer the Kansas civil service act.
History: L. 1953, ch. 375, § 46; L. 1972, ch. 332, § 82; L. 1978, ch. 345, § 14; L. 1985, ch. 276, § 9; July 1.
(1) As provided in K.S.A. 75-3706, and amendments thereto, adopt, modify and adopt or reject rules and regulations prepared and recommended by the director of personnel services for carrying out the purposes of this act and the Kansas civil service act;
(2) perform all powers and duties prescribed by law with respect to civil service and personnel administration;
(3) adopt, as provided in K.S.A. 75-3706, and amendments thereto, special rules and regulations or exceptions to general rules and regulations for those agencies listed in K.S.A. 75-2934, and amendments thereto, to insure compliance with federal laws and regulations;
(4) when the services of the division of personnel services and the state civil service board are required, enter into agreements with the state adjutant general whereby the cost incurred in connection with the assignment of positions to classes and with the examination, selection, promotion, transfer, discipline or hearing of appeals of employees in county, city and interjurisdictional disaster agencies and in the division of emergency management under the jurisdiction of the adjutant general shall be paid in whole or in part from moneys granted by the federal government for the administration of state laws and state plans administered by the adjutant general;
(5) when necessary to facilitate activities relating to civil service and personnel administration, enter into contracts with other state agencies for such purposes.
(b) The adjutant general may enter into the agreements described in paragraph (5) of subsection (a) with the secretary of administration. All moneys paid under such agreements or from other sources 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.
(c) The secretary of administration may:
(1) Perform duties and functions provided in the Kansas civil service act;
(2) make investigations either at the request of the governor, or upon petition of a citizen for just cause, or of its own motion, concerning the enforcement and effect of the Kansas civil service act; and
(3) make the services and facilities of the division of personnel services and its staff available upon request, subject to rules and regulations adopted as provided in K.S.A. 75-3706, and amendments thereto, to political subdivisions of the state.
(d) In making available the service and facilities prescribed in paragraph (3) of subsection (c), it shall be understood that requirements for the enforcement and administration of the provisions of this act shall be given precedence and that the political subdivisions shall reimburse the state for the reasonable cost of such services and facilities, and such reimbursement moneys 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.
History: L. 1953, ch. 375, § 47; L. 1961, ch. 419, § 1; L. 1972, ch. 332, § 83; L. 1975, ch. 462, § 120; L. 1976, ch. 389, § 1; L. 1978, ch. 345, § 15; L. 1983, ch. 292, § 1; L. 1985, ch. 276, § 10; L. 1994, ch. 248, § 29; L. 2001, ch. 5, § 386; July 1.
History: L. 1953, ch. 375, § 48; Repealed, L. 1972, ch. 332, § 97; July 1.
History: L. 1953, ch. 375, § 49; July 1.
History: L. 1953, ch. 375, § 54; Repealed, L. 1972, ch. 332, § 97; July 1.
History: L. 1953, ch. 375, § 56; L. 1961, ch. 311, § 6; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1953, ch. 375, § 76; Repealed, L. 1972, ch. 332, § 97; July 1.
History: L. 1953, ch. 375, §§ 72, 73; Repealed, L. 1974, ch. 364, § 40; Jan. 13, 1975.
History: L. 1953, ch. 375, §§ 74, 75; Repealed, L. 1972, ch. 332, § 97; July 1.
History: L. 1957, ch. 458, §§ 1 to 3; Repealed, L. 1972, ch. 332, § 97; July 1.
History: L. 1965, ch. 461, § 6; Repealed, L. 1972, ch. 332, § 97; July 1.
History: L. 1965, ch. 461, § 7; L. 1971, ch. 184, § 35; L. 1978, ch. 330, § 31; July 1.
History: L. 1965, ch. 461, § 8; L. 1967, ch. 434, § 61; L. 1971, ch. 184, § 36; L. 1978, ch. 330, § 32; July 1.
History: L. 1965, ch. 461, § 9; L. 1971, ch. 184, § 37; L. 1978, ch. 330, § 33; July 1.
History: L. 1975, ch. 421, § 1; Repealed, L. 1978, ch. 358, § 1; July 1.
History: L. 1976, ch. 355, § 1; L. 1978, ch. 330, § 34; Repealed, L. 1979, ch. 292, § 2; July 1.
History: L. 1979, ch. 292, § 1; Repealed, L. 1984, ch. 327, § 2; May 31.
(2) The secretary of administration may assign space and facilities, establish a system of rental charges and collect rents for property and buildings owned or controlled by the department of administration in other parts of the state.
(3) The amounts collected under paragraphs (1) and (2) shall be remitted by the secretary of administration 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 buildings operating fund or other funds of the department of administration as prescribed by the secretary of administration.
(4) On or before December 31 of each year, the secretary of administration shall present a report to the joint committee on state building construction concerning any actions taken by the secretary pursuant to authority granted to the secretary under this subsection. The report shall describe the action taken and the statutory authority authorizing such action.
(b) The secretary of administration shall require five-year building space utilization plans from all state agencies and develop a database of all state-owned or leased building and storage space. This database shall serve as the central repository of state-owned or leased building and storage space information. All changes made in the ownership or leasing status of all building space utilized by state agencies shall be reported to the secretary of administration and entered into this database. The database shall include the actual and budgeted amount of money paid by state agencies for building and storage space. The database may include any other information related to the building space needs of the state as determined to be necessary by the secretary of administration.
All state agencies shall cooperate with requests for information concerning building space and storage space made by the secretary of administration or the secretary of administration's designee.
On or before December 31 of each year, the secretary of administration shall present a report of state-owned or leased building and storage space information to the joint committee on state building construction and shall provide notice at the same time to the secretary of the senate and to the chief clerk of the house of representatives that such report is available to members of the legislature.
(c) As used in this section, "state agencies" also shall include any quasi-state agency.
History: L. 1965, ch. 461, § 10; L. 1971, ch. 184, § 38; L. 1972, ch. 331, § 1; L. 1978, ch. 330, § 35; L. 1990, ch. 309, § 40; L. 1991, ch. 260, § 6; L. 1994, ch. 274, § 19; L. 1996, ch. 229, § 128; L. 1999, ch. 142, § 5; L. 2001, ch. 5, § 387; L. 2003, ch. 72, § 5; July 1.
History: L. 1972, ch. 331, § 3; L. 1978, ch. 330, § 36; L. 1998, ch. 172, § 1; July 1.
(b) The secretary of administration shall develop and adopt policies and procedures for centralizing the function of leasing of office space in nonstate-owned buildings and facilities for state officers and employees of all state agencies. After June 30, 2000, each existing lease of office space for state officers and employees in nonstate-owned buildings and facilities may be renewed or extended only upon approval by the secretary of administration and in accordance with policies and procedures prescribed by the secretary.
(c) The secretary of administration may delegate authority to any state agency to negotiate and enter into leases for office space in nonstate-owned buildings and facilities for state officers and employees of the state agency, including renewals or extensions of existing leases, under conditions and procedures prescribed by the secretary in accordance with this section.
(d) No lease of office space for state officers and employees in nonstate-owned buildings or facilities, which is for the lease of more than 10,000 net assignable square feet or for a term longer than 24 months, shall be entered into or approved by the secretary of administration unless the secretary of administration has first advised and consulted with the joint committee on state building construction.
(e) The secretary of administration is hereby authorized to fix, charge and collect a lease negotiation service fee to recover the costs incurred by the department in providing lease negotiation services under this section. Such fee shall be paid in annual installments over the term of such lease. Such fees shall be deposited in the state treasury and credited to the state buildings operating fund.
(f) Nothing in this section shall be construed as requiring the renegotiation of the terms of any lease in existence on July 1, 2000. At the request of an agency, the secretary may renegotiate a lease in existence on July 1, 2000.
History: L. 2000, ch. 144, § 22; May 25.
History: L. 1965, ch. 461, § 11; L. 1978, ch. 330, § 37; July 1.
History: L. 1965, ch. 461, § 16; Repealed, L. 1983, ch. 287, § 23; July 1.
History: L. 1965, ch. 461, § 20; L. 1978, ch. 330, § 38; L. 2001, ch. 5, § 388; July 1.
History: L. 1965, ch. 461, § 23; L. 1971, ch. 184, § 39; Repealed, L. 1972, ch. 332, § 97; July 1.
History: L. 1965, ch. 461, § 26; L. 1971, ch. 184, § 40; Repealed, L. 1972, ch. 331, § 4; March 24.
History: L. 1965, ch. 461, § 27; L. 1978, ch. 330, § 39; July 1.
History: L. 1965, ch. 461, § 28; Repealed, L. 1978, ch. 337, § 39; April 25.
History: L. 1965, ch. 461, § 29; Repealed, L. 1978, ch. 330, § 42; July 1.
(b) Except as otherwise specifically provided by law, on and after July 1, 1978, whenever the director of architectural services, or words of like effect, is referred to or designated by a statute, contract or other document and such reference or designation is to a power, duty or function which is transferred to and conferred and imposed upon the secretary of administration under the provisions of this act, such reference or designation shall be deemed to apply to the secretary of administration.
(c) Except as otherwise specifically provided by law, on and after July 1, 1978, whenever the division of architectural services, or words of like effect, is referred to or designated by a statute, contract or other document and such reference or designation is to a power, duty or function which is transferred to and conferred and imposed upon the secretary of administration under the provisions of this act, such reference or designation shall be deemed to apply to the secretary of administration.
(d) All rules and regulations and all orders and directives of the director of architectural services or the division of architectural services or the secretary of administration, respectively, in existence on July 1, 1978, which rules and regulations and orders and directives were duly adopted or issued under authority of any power, duty or function which is transferred to and conferred and imposed upon the secretary of administration under the provisions of this act, shall continue in force and effect and shall be deemed to be the duly adopted rules and regulations and duly issued orders and directives of the secretary of administration, until revised, amended, repealed or nullified pursuant to law.
History: L. 1978, ch. 330, § 1; July 1.
History: L. 1978, ch. 330, § 2; July 1.
(b) The secretary of administration shall succeed to all property and records which were used for, or pertain to, the performance of the powers, duties and functions transferred to the secretary of administration under the provisions of this act. Any conflict as to the proper disposition of such property or records arising under this section, and resulting from the transfer of the powers, duties and functions of the director of architectural services or the division of architectural services to the secretary of administration as provided in this act, shall be determined by the governor, whose decision shall be final.
History: L. 1978, ch. 330, § 3; July 1.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History: L. 1978, ch. 330, § 4; July 1.
(b) The first five gubernatorial appointees to the state building advisory commission shall serve terms as follows: One member shall be appointed for a term expiring on December 31, 1979; one member shall be appointed for a term expiring on December 31, 1980; one member shall be appointed for a term expiring on December 31, 1981; and two members shall be appointed for terms expiring on December 31, 1982.
(c) Upon the expiration of the term of each member appointed by the governor in accordance with this section, a succeeding member shall be appointed by the governor and shall hold office for a term of four years and until a successor is appointed and qualified. If a vacancy in the appointed membership of the state building advisory commission occurs before the expiration of the term of office, the vacancy shall be filled by appointment by the governor.
History: L. 1978, ch. 337, § 1; L. 1982, ch. 347, § 56; July 1.
History: L. 1978, ch. 337, § 2; April 25.
History: L. 1978, ch. 337, § 3; April 25.
(1) Collect and maintain current data on construction costs, including materials and labor, and the current and forecasted economic status and activity of the construction industry in the state;
(2) establish criteria and procedures to evaluate the qualifications and performance of contractors providing any architectural services, as defined in subsection (c) of K.S.A. 75-1251, and amendments thereto, engineering services, as defined in subsection (b) of K.S.A. 75-5802, and amendments thereto, and construction services for capital improvement projects for the construction of buildings or for major repairs or improvements to buildings for state agencies; and gather information on and evaluate the past and present performance of all such contractors on similar public and private projects;
(3) issue a written order, personally signed by the secretary, to the contractor stopping the progress of the work upon any project whenever the secretary determines that the work does not comply with contract documents; and
(4) develop and adopt standards, with the advice and assistance of the director of architectural services, for the inspection and acceptance of projects for the construction of buildings and major repairs and improvements to buildings for state agencies and for the qualifications of inspection personnel employed by state agencies.
(b) With the advice of the state building advisory commission, the secretary of administration may develop and adopt rules and regulations in accordance with the provisions of K.S.A. 77-415 et seq., and amendments thereto, establishing standards for planning, design and construction of buildings and major repairs and improvements to buildings for state agencies, which standards shall include energy conservation standards.
History: L. 1978, ch. 337, § 8; L. 1979, ch. 280, § 5; L. 1983, ch. 291, § 2; July 1.
History: L. 1979, ch. 280, § 6; L. 2008, ch. 130, § 18; July 1.
(b) All proceeds received by state agencies shall be deposited in the construction defects recovery fund. All expenditures from the construction defects recovery fund in excess of $25,000 for the purposes stated in paragraph (4) of this subsection shall be subject to the prior approval of the state finance council, which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto. All other expenditures from the construction defects recovery fund shall be subject to the prior approval of the secretary of administration, and the secretary of administration shall report each such expenditure to the joint committee on state building construction. Where expenditures are made in support of litigation in which the state is involved, such expenditures also shall be subject to the prior approval of the attorney general. All expenditures shall be paid pursuant to vouchers of the director of accounts and reports approved by the director of architectural services and shall be for one or more of the following purposes:
(1) To identify the nature, extent and causes of defects in the design, construction or other work on capital improvements;
(2) to provide architectural, engineering or other technical services to determine methods for correcting or repairing such defects;
(3) to provide services in support of claims by the state or to defend claims against the state concerning state construction projects; or
(4) to correct or repair defects in buildings or facilities under the jurisdiction of state agencies, or to make other repairs or perform maintenance related to such defects.
(c) As used in this section, "proceeds" means money paid to the state of Kansas or any state agency for forfeited bid bonds, or by an insurer, or by a person or firm performing duties related to construction under a contract with a state agency, to compensate the state for errors, omissions or other construction, architectural or engineering related defects adversely affecting the state or a state agency.
History: L. 1982, ch. 337, § 1; L. 1984, ch. 328, § 1; L. 1987, ch. 344, § 1; L. 1989, ch. 261, § 2; April 18.
History: L. 1953, ch. 375, §§ 92 to 94; Repealed, L. 1974, ch. 364, § 40; Jan. 13, 1975.
(2) Any officer or employee of any state agency convicted of violating any of the provisions of this act shall forfeit office and ouster proceedings shall be brought in the manner as prescribed in the code of civil procedure.
History: L. 1953, ch. 375, § 77; July 1.
History: L. 1972, ch. 337, § 1; L. 1990, ch. 309, § 41; May 24.