Session of 1998
HOUSE BILL No. 2826
By Joint Committee on Corrections and Juvenile Justice
Oversight
2-5
9
AN ACT concerning the department of
corrections; relating to the cor-
10 rectional industries
fund; amending K.S.A. 75-3717b, 75-5281, 75-
11 5282, and 75-5288 and
repealing the existing sections.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. K.S.A.
75-3717b is hereby amended to read as follows: 75-
15 3717b. (a) Whenever a state agency proposes
a capital improvement pro-
16 ject for the construction of a building or
for major repairs or improve-
17 ments to a building, such state agency
shall prepare a capital improvement
18 budget estimate to be submitted to the
division of the budget in such
19 form as may be required by the director of
the budget and this section.
20 Such state agency shall prepare and include
as a part of such capital
21 improvement budget estimate a written
program statement describing
22 the project. Such program statement shall:
(1) Include a detailed justifi-
23 cation for the project including an
analysis of the programs, activities and
24 other needs and intended uses for the
additional or improved space and
25 an analysis of the alternative means by
which such space needs and uses
26 could be satisfied; (2) request
appropriations for the project in the three
27 phases of preliminary planning, final
planning and construction; (3) de-
28 scribe in detail each such phase of the
project; and (4) include cost esti-
29 mates for land, site surveys, soil
investigations, equipment, buildings or
30 major repairs or improvements to buildings
and other items necessary for
31 the project.
32 (b) Not later than July
1 of each year, such state agency shall submit
33 to the division of the budget a copy of
such capital improvement budget
34 estimate, and all amendments and revisions
thereof, and at the same time
35 such state agency shall submit copies of
such capital improvement budget
36 estimate, and all amendments and revisions
thereof, directly to the state
37 building advisory commission and to the
joint committee on state building
38 construction.
39 (c) On or before
November 15 each year, the state building advisory
40 commission shall report and make
recommendations on each capital im-
41 provement budget estimate received pursuant
to this section regarding
42 the project costs, projected scheduling of
funding for such costs, and such
43 other matters as are deemed appropriate by
the state building advisory
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1 commission, to: (1) The division of
the budget; (2) the joint committee
2 on state building construction; and
(3) the legislative research depart-
3 ment.
4 (d) Not later than
July 1 of each year, each state agency submitting
5 such budget estimates shall prepare
and submit to the division of the
6 budget, to the state building
advisory commission and to the joint com-
7 mittee on state building construction
copies of a five-year capital improve-
8 ment program and facilities plan
which shall set forth the current and
9 future space needs and utilization
plans for the next five ensuing fiscal
10 years for that state agency in such form
and containing such additional
11 information as prescribed by the secretary
of administration.
12 (e) Except as provided
in this subsection, the provisions of this section
13 do not apply to any capital improvement
project for the adjutant general
14 that is funded entirely by moneys from the
federal government. During
15 the month of January each year, the
adjutant general shall present a report
16 to the joint committee on state building
construction on all capital im-
17 provement projects that are funded entirely
by moneys from the federal
18 government and that are proposed for the
current and ensuing fiscal
19 years.
20 (f) The provisions of
this section do not apply to any capital improve-
21 ment project for Kansas correctional
industries of the department of cor-
22 rections as provided in subsection (d)
of K.S.A. 75-5282, and amendments
23 thereto.
24 Sec. 2. K.S.A.
75-5281 is hereby amended to read as follows: 75-
25 5281. (a) The secretary is empowered to
enter into contracts and agree-
26 ments with any person, firm or corporation
upon a self-liquidating basis
27 for the acquisition
and, purchase or lease
of equipment, tools, supplies
28 and,
materials and buildings for manufacturing or for providing
services,
29 to the end that the same may be paid for
over a period of not exceeding
30 ten (10)
20 years, and the aggregate amount of such purchases or
acqui-
31 sitions shall not exceed
five hundred thousand dollars (
$500,000 ) unless
32 specifically approved by the governor. All
such amounts shall be payable
33 solely out of the revenues derived from the
goods produced and the
34 services provided by the correctional
system.
35 (b) Nothing in this
section shall be so construed or interpreted as to
36 authorize or permit the incurring of a
state debt of any kind or nature as
37 contemplated by the constitution of this
state in relation to such debt.
38 Sec. 3. K.S.A.
75-5282 is hereby amended to read as follows: 75-
39 5282. (a) There is hereby created in the
state treasury the correctional
40 industries fund.
41 (b) All moneys collected
by the secretary from the sale or disposition
42 of goods manufactured and services provided
under the prison-made
43 goods act shall be remitted to the state
treasurer at least monthly. The
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1 state treasurer shall deposit each
such remittance in the state treasury
2 and credit it to the correctional
industries fund. All the moneys collected
3 and deposited pursuant to this
subsection shall be used solely for the
4 purchase of manufacturing supplies,
equipment and machinery, for the
5 repair, maintenance and replacement
of equipment and machinery, and
6 for administrative expenses and as
provided in subsection (d).
7 (c) The balance of
all proceeds from the lease of agricultural land at
8 a correctional institution, after
payment of the expenses of the lease from
9 such proceeds, shall be remitted to
the state treasurer at least monthly.
10 Upon receipt of each such remittance, the
state treasurer shall deposit
11 the entire amount thereof in the state
treasury and such amount shall be
12 credited to the correctional industries
fund.
13 (d) Any unencumbered
moneys in the correctional industries fund
14 may be expended for capital improvement
projects for the renovation or
15 repair of existing buildings or
facilities or for the construction or acqui-
16 sition of building or facilities for
correctional industries as provided in
17 K.S.A. 75-5281 and 75-5288 and
amendments thereto. Such capital im-
18 provement projects shall not be subject
to the requirements to prepare
19 and submit capital improvement budget
estimates as provided in K.S.A.
20 75-3717b, and amendments thereto. Prior
to commencement of a capital
21 improvement project, the director of
Kansas correctional industries shall
22 advise and consult with the joint
committee on state building construction
23 concerning such capital improvement
projects.
24 Sec. 4. K.S.A.
75-5288 is hereby amended to read as follows: 75-
25 5288. (a) Notwithstanding the provisions of
K.S.A. 75-3738 to 75-3744,
26 inclusive, and amendments thereto or
of any other laws to the contrary,
27 the secretary of corrections may lease one
or more buildings or portions
28 thereof on the grounds of any correctional
institution, together with the
29 real estate needed for reasonable access to
and egress from the leased
30 buildings, for a term not to exceed
twenty
(20 ) years, to a private
individ-
31 ual, firm, corporation or other lawful
entity for the purpose of establishing
32 and operating a business enterprise for the
manufacture and processing
33 of goods, wares or merchandise, or any
other business or commercial
34 enterprise deemed by the secretary of
corrections to be consistent with
35 the proper training and rehabilitation of
inmates.
36 (b) Subject to approval
by the secretary of corrections, any corpora-
37 tion operating a factory or other business
or commercial enterprise under
38 this section may employ selected inmates of
the correctional institution
39 upon whose grounds it operates.
40 (c) Notwithstanding
the provisions of K.S.A. 75-3738 to 75-3744, in-
41 clusive, article 12 of chapter 75 of the
Kansas Statutes Annotated, article
42 58 of chapter 75 of the Kansas Statutes
Annotated, and amendments
43 thereto, or of any other laws to the
contrary, the secretary of corrections
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1 may enter into agreements with a
private individual, firm, corporation or
2 other lawful entity for the
purpose of accepting as a donation, lease or
3 purchase, on behalf of the state
any building or renovation of a building
4 to be used for the manufacture and
processing of goods, wares or mer-
5 chandise, or any other business or
commercial enterprise deemed by the
6 secretary of corrections to be
consistent with the proper training and
7 rehabilitation of inmates.
8 (1) Such
agreements may provide for the financing, design, construc-
9 tion or renovation of such
buildings on the grounds of correctional facil-
10 ities. The secretary may not obligate
the expenditure of state funds except
11 as provided by K.S.A. 75-5281 and
amendments thereto.
12 (2) Buildings
constructed or renovated pursuant to this section shall
13 become the property of the state as
provided by such agreements or after
14 20 years, whichever time period is
shorter.
15 (d) Any business
enterprise established under the provisions of this
16 section shall be deemed a private
enterprise and subject to all the laws,
17 rules and regulations of this state
governing the operation of similar busi-
18 ness enterprises elsewhere in this
state.
19
(d) (e) The authority of
the secretary of corrections over the institu-
20 tions of the department of corrections and
the inmates thereof shall not
21 be diminished by this section.
22 Sec. 5. K.S.A.
75-3717b, 75-5281, 75-5282 and 75-5288 are hereby
23 repealed.
24 Sec. 6. This act
shall take effect and be in force from and after its
25 publication in the statute book.
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