----------------------------------------------------------------------------


AN ACT concerning the Kansas use law; amending K.S.A. 75-3317, 75-
  3319, 75-3320 and 75-3321 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  K.S.A. 75-3317 is hereby amended to read as follows: 75-
3317. As used in K.S.A. 75-3317 through 75-3322, and amendments
thereto, unless the context requires otherwise:
  (a)  ``Director of purchases'' means the director of purchases of the
department of administration;
  (b)  ``Kansas industries for the blind division and rehabilitation serv-
ices'' means workshops and home industry projects for blind or other
handicapped persons which are located in Kansas and which are sup-
ported, operated or supervised by the division of services for the blind or
rehabilitation services of the department of social and rehabilitation serv-
ices;
  (c)  ``state agency'' means any state office or officer, department,
board, commission, institution, bureau or any agency, division or any unit
within an office, department, board, commission or other state authority;
  (d)  ``rehabilitation facility'' means any community mental health cen-
ter or community facility for the mentally retarded operating under K.S.A.
19-4001 et seq. and amendments thereto or nonprofit corporation con-
tracting with a mental retardation governing board to provide services
under K.S.A. 19-4001 et seq. and amendments thereto, which has regis-
tered with the secretary of social and rehabilitation services for the pur-
poses of K.S.A. 75-3317 through 75-3322, and amendments thereto, and
shall also mean the Kansas foundation for the blind, Wichita, Kansas
Wichita industries and services for the blind, inc., center industries, inc.,
Wichita, Kansas, and, upon registration hereunder, any workshop or other
facility for blind or other handicapped persons which is located in Kansas
and which is certified to the United States department of labor and li-
censed by the secretary of social and rehabilitation services as a sheltered
workshop under K.S.A. 75-3307b and amendments thereto.
  ``Rehabilitation facility'' shall further mean a central not for profit
agency which may be recognized and designated by the director of pur-
chases for the purpose of representing a consortium of rehabilitation fa-
cilities, as are otherwise defined in this section, in negotiations pursuant
to the provision of products and services for use by state agencies.
  Sec. 2.  K.S.A. 75-3319 is hereby amended to read as follows: 75-
3319. (a) The director of purchases shall determine fair market prices of
products manufactured, processed, and offered for sale and of services
offered under K.S.A. 75-3317 through 75-3322, and amendments thereto,
by the Kansas industries for the blind division and rehabilitation services
and by each rehabilitation facility. All of the products and services shall
be standard conforming. Those products and services offered for pur-
chase by or for a state agency shall meet specifications required by the
director of purchases. Those products offered for purchase by or for a
unified school district shall meet specifications required by the board of
education of the unified school district. The director of purchases shall
revise the prices determined under this section from time to time in
accordance with changing market conditions.
  (b)  Each rehabilitation facility shall cooperate with and shall provide
the director of purchases and the secretary of social and rehabilitation
services with all information necessary for the administration of K.S.A.
75-3317 through 75-3322, and amendments thereto, or, if the rehabili-
tation facility has chosen to be represented by the central not-for-profit
agency, this information may be provided to the director of purchases
through this agency.
  (c)  The provisions of K.S.A. 75-3317 through 75-3322, and amend-
ments thereto, shall apply only to products manufactured or processed in
Kansas or services provided in Kansas by blind or other handicapped
persons.
  (d)  The provisions of K.S.A. 75-3317 through 75-3322, and amend-
ments thereto, shall not be construed to require a unified school district
to purchase services offered by blind or other handicapped persons under
this act.
  Sec. 3.  K.S.A. 75-3320 is hereby amended to read as follows: 75-
3320. (a) The secretary of social and rehabilitation services shall furnish
to the department of administration, and to each person or officer au-
thorized to purchase materials, services and supplies for any state agency
or unified school district, a list of products manufactured, processed and
offered for sale and of services offered under K.S.A. 75-3317 through 75-
3322, and amendments thereto, by the Kansas industries for the blind
division and rehabilitation services and by rehabilitation facilities.  The
secretary of social and rehabilitation services shall insure that produces
and services placed on the list of products manufactured, processed and
offered for sale and of services offered under K.S.A. 75-3317 through 75-
3322, and amendments thereto, after July 1, 1997, do not contain identical
products or products having identical functions, manufactured, processed
or offered for sale by the Kansas industries for the blind division and
rehabilitation services, and a rehabilitation facility, or by more than one
rehabilitation facility, and the secretary of social and rehabilitation serv-
ices shall also insure that the list of products manufactured, processed and
offered for sale and of services offered under K.S.A. 75-3317 through 75-
3322, and amendments thereto, does not contain identical services avail-
able in the same geographic area of the state offered through Kansas
industries for the blind division and rehabilitation services, and a reha-
bilitation facility, or offered through more than one rehabilitation facility.
In instances where more than one rehabilitation facility or a rehabilitation
facility and the Kansas industries for the blind division and rehabilitation
services propose to place on the list: Identical products, products having
identical functions, or identical services offered in the same or overlapping
geographic areas of Kansas, the secretary of social and rehabilitation serv-
ices shall determine which provider's proposal was received first, and that
provider shall be the one placed on the list as offering the product or
service.
  (b)  The list of products and services shall be certified by the director
of purchases. The secretary of social and rehabilitation services shall
amend such list from time to time in accordance with the recommenda-
tions of the director of purchases.
  (c)  The secretary of social and rehabilitation services may charge a
reasonable publication fee to those rehabilitation facilities which advertise
their products or services on such lists. The secretary of social and re-
habilitation services shall remit all moneys received pursuant to this sec-
tion to the state treasurer at least monthly. Upon receipt of such remit-
tance, the state treasurer shall deposit the entire amount thereof in the
state treasury and credit the same to the social welfare fund.
  Sec. 4.  K.S.A. 75-3321 is hereby amended to read as follows: 75-
3321. The director of purchases and any person or officer authorized to
purchase materials and supplies for any state agency or unified school
district or to purchase services for any state agency shall purchase, except
as otherwise provided in this section, the products and services on the list
certified by the director of purchases from the Kansas industries for the
blind division and rehabilitation services or from a rehabilitation facility,
when those products are to be procured by or for the state or unified
school district or when those services are to be procured by or for the
state. Nothing in this act shall be construed as preventing the director of
purchases and any person or officer authorized to purchase materials and
supplies for any state agency or unified school district or to purchase
services for any state agency from establishing sole source contractual
arrangements with the provider of any product or service on the list, or
through the central not-for-profit agency. Services offered for purchase
are not required to be purchased by a unified school district.
  Sec. 5.  K.S.A. 75-3317, 75-3319, 75-3320 and 75-3321 are hereby
repealed.
  Sec. 6.  This act shall take effect and be in force from and after its
publication in the statute book.