History: L. 1985, ch. 265, § 1; L. 1986, ch. 327, § 5; L. 1991, ch. 269, § 1; L. 2004, ch. 121, § 4; July 1.
(1) Sale at fixed prices;
(2) by sale at negotiated prices; or
(3) by advertised public auction or advertised sealed bids.
(b) Subject to such limitations as the secretary of administration may prescribe, the secretary of administration or the secretary's designee may sell state surplus property to the general public by advertised public auction or advertised sealed bids or, if such property has been offered for a period of at least 30 days to individuals and entities eligible for participation in the federal surplus property program, may sell the property to the general public at fixed or negotiated prices.
(c) All surplus state property shall be sold or otherwise disposed of within one year after the date on which such property becomes surplus. The secretary of administration may adopt rules and regulations to establish procedures for the timely disposal of state surplus property.
(d) Subject to such limitations as the secretary of administration may prescribe, state agencies that have been given local disposal authorization for specified surplus property identified by state surplus property personnel as having a current value of $500 or less may dispose of the property using any of the following methods:
(1) Sell such property to a junkyard, as defined by K.S.A. 68-2203, and amendments thereto;
(2) give such property to a not-for-profit organization that is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code of 1986; or
(3) give such property to individuals or entities eligible for participation in the federal surplus property program.
History: L. 1985, ch. 265, § 2; L. 1986, ch. 327, § 6; L. 1987, ch. 341, § 7; L. 1990, ch. 330, § 1; L. 1991, ch. 269, § 2; L. 1997, ch. 116, § 1; L. 2004, ch. 121, § 5; July 1.
(1) Enter into contracts with state, local and federal agencies and private individuals and entities eligible for participation in the federal surplus property program;
(2) receive gifts and grants;
(3) prescribe procedures state agencies must follow concerning the trade-in or other disposition of property;
(4) fix and assess fees and charges to recover all or part of the expenses incurred for transactions pertaining to the state surplus property program; and
(5) adopt such other policies and procedures which are deemed necessary for the proper administration of the state surplus property program and which are in accordance with this act.
(b) The secretary of administration may adopt rules and regulations for the purposes of establishing and administering the state surplus property program in accordance with this act.
History: L. 1985, ch. 265, § 3; L. 1986, ch. 327, § 7; L. 2004, ch. 121, § 6; July 1.
History: L. 1985, ch. 265, § 4; L. 1986, ch. 327, § 8; L. 1987, ch. 341, § 8; L. 2004, ch. 121, § 7; July 1.
(b) All expenditures from the [*] any of the funds designated by the secretary under subsection (a) shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports or interfund transfers issued pursuant to vouchers of the secretary of administration or a person or persons designated by the secretary of administration.
(c) On the effective date of this act, the director of accounts and reports is directed to transfer to one or more funds designated by the secretary of administration under subsection (a) any moneys in the correctional industries fund that represent proceeds from disposition of state surplus property. On the effective date of this act, all liabilities of the correctional industries fund that are related to the state surplus property program and that existed prior to the effective date of this act are hereby imposed on one or more funds designated by the secretary of administration under subsection (a).
History: L. 1985, ch. 265, § 5; L. 1986, ch. 327, § 9; L. 1992, ch. 94, § 1; L. 2001, ch. 5, § 409; L. 2004, ch. 121, § 8; July 1.
(b) Subject to rules and regulations adopted pursuant to the state surplus property act or as otherwise directed by the governor, state agencies may transfer or loan personal property to other state agencies with or without charging a fee therefor. In accordance with procedures prescribed by the director of purchases, a state agency may trade in personal property in conjunction with a purchase by the state agency. The state agency shall give the secretary of administration or a designee of the secretary notice of the proposed trade-in. The secretary of administration or the secretary's designee may elect to provide for disposition of the property under the surplus property program in lieu of permitting the state agency to trade in the property.
History: L. 1987, ch. 341, § 2; L. 2004, ch. 121, § 9; July 1.
History: L. 1987, ch. 341, § 1; April 30.
(b) As used in this section, "state agency" has the meaning ascribed to such term under K.S.A. 75-3701 and amendments thereto.
History: L. 1991, ch. 269, § 3; L. 2004, ch. 121, § 10; July 1.
(b) (1) The secretary of administration shall develop criteria for the identification of surplus real estate, including but not limited to, a review of any legal restrictions associated with the real estate and the reasons for the state agency to keep the real estate. In accordance with such criteria, the secretary shall assist state agencies in the identification of surplus real estate. The secretary of administration shall periodically review the status of all real estate of state agencies subject to this section to determine if any of the real estate owned by state agencies is potentially surplus real estate. If any real estate owned by a state agency is determined by the secretary of administration, in consultation with the head of the state agency, to be surplus real estate in accordance with the criteria developed under subsection (a), then the secretary of administration shall recommend to the governor that such real estate be sold under the procedures prescribed by this section.
(2) The secretary of administration shall develop guidelines for the sale of surplus real estate. In accordance with such guidelines and upon the approval of the governor, after consultation with the head of the state agency which owns such surplus real estate, after consultation with the joint committee on state building construction and after approval by the state finance council under subsection (c), the secretary may offer such property for sale by one of the following means: (A) Public auction; (B) by listing the surplus property with a licensed real estate broker or salesperson; or (C) by sealed bid. Subject to the approval of the state finance council as required by subsection (c), the secretary of administration may sell surplus real estate and any improvements thereon on behalf of the state agency which owns such property.
(c) Prior to the sale of any surplus real estate under subsection (b), the state finance council shall approve the sale, which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711, and amendments thereto. The matter may be submitted to the state finance council for approval at any time, including periods of time during which the legislature is in session.
(d) Prior to offering any real estate for sale, such property shall be appraised pursuant to K.S.A. 75-3043a, and amendments thereto, unless the appraisal is waived as provided in this subsection. The secretary of administration may waive the requirement for appraisal for any parcel of surplus real estate that is to be sold at public auction under this section if the secretary of administration determines that it is in the best interests of the state to waive the requirement for appraisal for such parcel of surplus real estate. The costs of any such appraisal may be paid from the proceeds of the sale.
(e) Conveyance of title in surplus real estate offered for sale by the secretary of administration shall be executed on behalf of the state agency by the secretary of administration. The deed for the conveyance may be by warranty deed or by quitclaim deed as determined to be in the best interests of the state by the secretary of administration in consultation with the head of the state agency which owns the surplus real estate.
(f) (1) Any proceeds from the sale of surplus real estate and any improvements thereon, after deduction of the expenses of such sale and any cost of appraisal of the surplus real estate, shall be deposited in the state treasury as prescribed by this subsection, unless otherwise authorized by law. On and after the effective date of this act, 20% of the proceeds from each such sale deposited in the state treasury shall be credited to the surplus real estate fund or another appropriate special revenue fund of the state agency which owned the surplus real estate, as is prescribed by law or as may be determined by the state agency, unless otherwise required by state or federal law or by the limitations or restrictions of the state's title to the real estate being sold. In the case of proceeds from the sale of surplus real estate at a state mental health institution or a state mental retardation institution, such portion of the proceeds shall be credited to the client benefit fund of such institution or to another special revenue fund of such institution for (A) rehabilitation and repair or other capital improvements for such institution, or (B) one-time expenditures for community mental health organizations if the real estate sold was at a state mental health institution or for community developmental disabilities organizations if the real estate sold was at a state mental retardation institution, and, in any such case, shall be expended in accordance with the provisions of appropriation acts. The remaining 80% of the proceeds from each such sale deposited in the state treasury shall be credited to the state general fund.
(2) The amount of expenses and the cost of appraisal for each sale of surplus real estate pursuant to this section shall be transferred and credited to the property contingency fund created under K.S.A. 75-3652, and amendments thereto, and may be expended for any operations of the department of administration.
(3) Any state agency owning real estate may apply to the director of accounts and reports to establish a surplus real estate special revenue fund in the state treasury. Subject to the provisions of appropriation acts, moneys in a surplus real estate special revenue fund may be expended for the operating expenditures of the state agency.
(g) Any sale of property by the secretary of transportation pursuant to K.S.A. 68-413, and amendments thereto, shall not be subject to the provisions of this section. The provisions of this section shall not be applicable to real estate given as an endowment, bequest, or gift to a state educational institution as defined in subsection (g) of K.S.A. 72-4412, and amendments thereto, or to the university of Kansas medical center.
(h) Sale of the Olathe travel information center shall not be subject to the provisions of this section.
History: L. 2000, ch. 149, § 1; L. 2001, ch. 153, § 4; L. 2002, ch. 200, § 5; June 6.
History: L. 2001, ch. 153, § 5; July 1.
History: L. 2006, ch. 150, § 7; April 27.