[As Amended by Senate Committee of the Whole]
         

         
As Amended by Senate Committee
         

          Session of 1998
                   
SENATE BILL No. 648
         
By Committee on Ways and Means
         
2-12
          12             AN ACT creating the transportation capital enhancement fund; financing
13             city, county and other subdivisions in the state of Kansas; building and
14             maintaining roads and highways and other transportation facilities;
15             amending K.S.A. 68-2315 and repealing the existing section.
16            
17       Be it enacted by the Legislature of the State of Kansas:
18           New Section 1. (a) In order to provide for the planning, development
19       and operation of the various modes and systems of transportation within
20       the state of Kansas, the secretary of transportation is authorized to estab-
21       lish a transportation capital enhancement fund to provide assistance to
22       cities, counties and other subdivisions of government for transportation
23       projects.
24           (b) It is the intent of the legislature that the transportation capital
25       enhancement fund increase the state's participation in partnership with
26       the cities, counties and other subdivisions of government for transporta-
27       tion projects both on and off the state highway system, in order to:
28           (1) Substantially improve safety;
29           (2) preserve transportation facilities;
30           (3) relieve congestion or improve accessibility; and
31           (4) enhance economic development.
32           (c) Further, it is the intent of the legislature that the transportation
33       capital enhancement fund be used to facilitate department of transpor-
34       tation projects on the state highway system and the receipt of federal aid.
35           New Sec. 2. As used in this act:
36           (a) ``Bonds'' means any bonds, notes or other evidences of indebt-
37       edness, including book-entry-only, whether or not the interest on such
38       bonds is subject to federal income taxation, issued pursuant to this act or
39       by a qualified borrower.
40           (b) ``Book-entry-only'' means a system of electronic clearance, settle-
41       ment and transfer of security ownership without the use of certificated
42       securities.
43           (c) ``Cost,'' as applied to any qualified project means any or all costs,

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  1       whenever incurred, approved by the department, of carrying out a qual-
  2       ified project including, costs for preliminary planning, legal, fiscal and
  3       economic investigations, reports and studies to determine the economic
  4       or engineering feasibility of a qualified project; engineering and architec-
  5       tural reports, studies, surveys, designs, plans, working drawings and spec-
  6       ifications necessary in the construction of a qualified project; construction;
  7       expansion; facilities; improvement and rehabilitation; acquisition of real
  8       property, personal property, materials, machinery or equipment; start-up
  9       costs; demolitions and relocations; reasonable reserves and working cap-
10       ital; interest on loans, borrower obligations and notes in anticipation
11       thereof prior to and during construction of any such qualified project or
12       prior to the date of such loan, if later; project related administrative, legal
13       and financing expenses; and other expenses necessary or incidental to any
14       of the above.
15           (d) ``Department'' means the Kansas department of transportation
16       established under K.S.A. 75-5001 and amendments thereto.
17           (e) ``Financial assistance'' means any financial assistance for a quali-
18       fied project provided by the department under the program, including
19       loans to and leases with qualified borrowers, the establishment of reserves
20       and other security, and guarantees of and credit enhancement for the
21       obligations of subdivisions of government and private enterprises incurred
22       in connection with the financing of qualified projects.
23           (f) ``Fund'' means the Kansas transportation capital enhancement
24       fund established by this act.
25           (g) ``General revenues,'' when used with reference to a subdivision
26       of government, includes revenues, receipts, assessments and other money
27       of a subdivision of government, and all rights to receive the same. General
28       revenues do not include money restricted by law to specific statutorily
29       defined purposes inconsistent with their treatment as general revenues
30       for purposes of this act.
31           (h) ``Government obligations'' or ``governmental obligations'' means
32       bonds, notes or other evidence of indebtedness issued by a subdivision
33       of government to evidence a loan.
34           (i) ``KDFA'' means the Kansas development finance authority estab-
35       lished pursuant to K.S.A. 74-8903 and amendments thereto.
36           (j) ``Highway account'' means the highway account of the fund, es-
37       tablished pursuant to this act.
38           (k) ``Federal act'' or ``federal acts'' means the intermodal surface
39       transportation efficiency act of 1991 (ISTEA) as amended and the na-
40       tional highway system designation (NHS) act of 1995 as amended and
41       successor federal acts which authorize and enable FHWA, FRA, FAA
42       and FTA participation and funding of a transportation capital enhance-
43       ment fund program including the federal acts which govern the use of

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  1       federal highway trust funds.
  2           (l) ``Lease'' means any form of capital or operating lease agreement
  3       for all or a portion of a qualified project, between the department, or any
  4       office or agency thereof, and a subdivision of government or a private
  5       enterprise.
  6           (m) ``Loan agreement'' means any agreement entered into between
  7       the department and a qualified borrower pertaining to a loan or lease. A
  8       loan agreement may contain, in addition to financial terms, provisions
  9       relating to the regulation and supervision of a qualified project or any
10       other provisions the secretary reasonably determines. The term ``loan
11       agreement'' includes a loan agreement, lease, trust agreement, trust in-
12       denture, security agreement, reimbursement agreement, guarantee
13       agreement, bond or note resolution, loan order or similar instrument
14       whether secured or unsecured.
15           (n) ``Private enterprise'' means a private person or entity that has
16       entered into a contract with a subdivision of government to design, fi-
17       nance, construct or operate a qualified project that is within the jurisdic-
18       tion of such subdivision of government, if such subdivision of government
19       is responsible for complying with all applicable requirements of federal
20       acts with respect to such qualified project.
21           (o) ``PMIB'' means the pooled money investment board established
22       pursuant to K.S.A. 75-4221a and amendments thereto.
23           (p) ``Program'' means the transportation capital enhancement fund
24       program established pursuant to this act.
25           (q) ``Project'' means the acquisition, construction, reconstruction, im-
26       provement, repair, rehabilitation, maintenance or extension of transpor-
27       tation facilities.
28           (r) ``Project costs'' means all costs or expenses which are necessary or
29       incident to a project and which are directly attributable thereto.
30           (s) ``Project revenues'' means all rates, rents, fees, assessments,
31       charges and other receipts derived or to be derived by a qualified bor-
32       rower from a qualified project, and, where provided in the applicable loan
33       agreement entered into pursuant to this act, from any system of which
34       such qualified project is a part and any other revenue producing facilities
35       under the ownership or control of such qualified borrower, including,
36       without limitation, proceeds of grants, gifts, appropriations and loans,
37       including the proceeds of loans or grants made by the department, in-
38       vestment earnings, reserves for capital and current expenses, proceeds of
39       insurance or condemnation and the sale or other disposition of property.
40       Project revenues do not include any ad valorem taxes levied directly by a
41       subdivision of government on any real and personal property.
42           (t) ``Qualified borrower'' means any subdivision of government or pri-
43       vate enterprise which is authorized to construct, operate or own a qual-

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  1       ified project.
  2           (u) ``Qualified project'' means any public or private construction, re-
  3       construction, resurfacing, restoring, rehabilitation or replacement of pub-
  4       lic or private transportation facilities within the state of Kansas including
  5       rail, port and air, or the study of the feasibility thereof; any highway,
  6       transit or transportation project eligible for financing or aid under any of
  7       the federal acts or programs. It also means any project involving the main-
  8       taining, repairing, improving or constructing of any city, county or state
  9       highway including roads, streets and parkways, and any rights-of-way,
10       bridges, tunnels, railroad-highway crossings, drainage structures, signs,
11       guardrails, and protective structures constructed or used in connection
12       with any highway transportation or transit project.
13           (v) ``Regional governmental unit'' means a government unit which is
14       authorized to construct, own, operate or has jurisdiction over a qualified
15       project on behalf of two or more cities, counties or other subdivisions of
16       government, or designated parts thereof, and which derives all or part of
17       its general revenues or project revenues by assessment or other charges
18       on such subdivisions of government.
19           [(w) ''Residual equity transfer`` means any non-recurring or
20       non-routine transfers of equity between funds.]
21           (w) [(x)] ``Revenues'' when used with respect to the department,
22       means any receipts, fees, revenues or other payments received or to be
23       received by the department under the program, including receipts and
24       other payments received by or deposited in the fund, payments of prin-
25       cipal, interest or other charges on loans, leases, grants, appropriations or
26       other financial assistance from the state of Kansas or the United States
27       or any subdivision of government or instrumentality of either in connec-
28       tion with the program, investment earnings on funds therein and ac-
29       counts, including the fund, and any other fees, charges or other income
30       received or receivable by the fund or the department under the program.
31           (x) [y] ``Secretary'' means the secretary of the Kansas department of
32       transportation.
33           (y) [z] ``State aid distributions'' means any receipts, distributions, re-
34       imbursements or other assistance payable by the state of Kansas to or for
35       the account of a subdivision of government.
36           (z) [aa] ``Subdivision of government'' means any city, district, county,
37       commission, agency, authority, board or other instrumentality of the state
38       or of any of its political subdivisions, including any regional governmental
39       unit, which is responsible for the construction, ownership or operation of
40       a qualified project.
41           (aa) [bb] ``Transit account'' means the transit account of the fund,
42       established pursuant to the provisions of section 7.
43           (bb)  ``Trust agreement'' means any agreement entered into by

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  1       the department when required by the secretary, the state treasurer or the
  2       PMIB providing for the issuance, security and payment of bonds issued
  3       pursuant to this act. The term ``trust agreement'' shall include a trust
  4       agreement, trust indenture, security agreement, reimbursement agree-
  5       ment, currency or interest rate exchange agreement, bond or note reso-
  6       lution or other similar instrument.
  7           New Sec. 3. The secretary shall administer the provisions of this act
  8       and shall be responsible for the administration and management of the
  9       fund, in addition to any other powers and duties conferred or imposed
10       upon the secretary by this act or any other general or special law, and
11       shall have the power to enter into agreements and contracts and to trans-
12       fer money between the state highway fund and the fund as required to
13       effect the purposes of this act except that the total amount transferred
14       from the state highway fund to the fund [residual equity transfers
15       from the state highway fund made for the purposes of capitalizing
16       the fund] shall not exceed the total amount authorized to be trans-
17       ferred by appropriation act. No expenditure from such fund shall
18       be made except upon approval of the state finance council acting
19       on this matter which is hereby characterized as a matter of legis-
20       lative delegation and subject to the guidelines prescribed in sub-
21       section (c) of K.S.A. 75-3711c and amendments thereto. The secretary
22       shall adopt rules and regulations to carry out the purposes and provisions
23       of this act.
24           New Sec. 4. (a) There is hereby established in the state treasury a
25       fund to be maintained in perpetuity and to be known as the Kansas trans-
26       portation capital enhancement fund. The fund shall consist of:
27           (1) Amounts awarded or otherwise made available to the state of Kan-
28       sas under the federal acts for the purposes of the fund;
29           (2) amounts appropriated or otherwise made available by the legis-
30       lature for the purposes of the fund;
31           (3) the proceeds, if any, derived from the sale of bonds issued by the
32       secretary, KDFA, or other entity pursuant to this act for the purposes of
33       the fund;
34           (4) amounts of repayments made by qualified borrowers of loans re-
35       ceived under this act and amendments thereto, together with payments
36       of interest thereon, and such other fees and charges as are related thereto
37       in accordance with agreements entered into by qualified borrowers and
38       the secretary;
39           (5) amounts earned on moneys in the fund;
40           (6) amounts contributed or otherwise made available by any public
41       or private entity for use in effectuating the purposes of the fund; and
42           (7) amounts transferred into the fund by order of the secretary from
43       the state highway fund in accordance with the provisions of section

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  1       3 and amendments thereto.
  2           (b) Subject to the conditions and in accordance with requirements of
  3       the federal acts and the provisions of this act and amendments thereto,
  4       expenditures from the fund shall be made for the following purposes:
  5           (1) For the payment of the principal of, including sinking fund pay-
  6       ments and premium, if any, and interest on bonds of the state, as de-
  7       scribed in this act, issued for the purpose of financing or refinancing any
  8       cost of a qualified project;
  9           (2) for providing financial assistance to qualified borrowers to finance
10       qualified projects;
11           (3) for the maintenance of, or provision for, any reserves, additional
12       security, insurance or other form of credit enhancement required or pro-
13       vided for in any trust agreement entered into pursuant to this act to secure
14       such bonds;
15           (4) to guarantee, or purchase insurance or provide other credit en-
16       hancement for bonds of qualified borrowers issued to finance the costs
17       of qualified projects;
18           (5) to provide reserves for or otherwise secure bonds issued pursuant
19       to this act and to provide insurance or other credit enhancement for such
20       bonds;
21           (6) to provide reserves for, or to otherwise secure, amounts payable
22       by qualified borrowers on loans made by and leases with the department
23       in the event of default by a particular qualified borrower or, on a parity
24       basis, by any qualified borrower;
25           (7) to provide a subsidy for, or to otherwise assist, qualified borrowers
26       in the payment of costs authorized by the secretary related to loans made
27       by the department;
28           (8) for administrative costs of the program or for any of the foregoing;
29       and
30           (9) the transfer of money by order of the secretary to the state high-
31       way fund.
32           (c) All payments and disbursements from the fund shall be made
33       upon warrants of the director of accounts and reports issued pursuant to
34       vouchers approved by the secretary or by a person or persons designated
35       by the secretary.
36           (d) The department shall establish the highway account and the tran-
37       sit account, as provided in this act, and one or more additional accounts
38       and sub-accounts within the fund as necessary to meet the requirements
39       of the federal acts and any other applicable federal law requirement or
40       as the department deems necessary or desirable in order to implement
41       the provisions of this act or to comply with any trust agreement. The
42       department may also establish in the state treasury pursuant to any
43       trust agreement or otherwise, as the secretary shall determine, one or

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  1       more other funds and accounts for revenues and other money not re-
  2       quired to be held in the fund, and to apply and disburse such money and
  3       revenues for the purposes of the program.
  4           (e) In administering the program, the secretary may require subdi-
  5       visions of government to utilize the services of the Kansas development
  6       finance authority to issue bonds or other authorized evidences of debt to
  7       be utilized as part of a loan agreement.
  8           New Sec. 5. Subject to appropriations acts, the secretary shall have
  9       responsibility for the management of the fund and shall provide, by res-
10       olution, for amounts and duration of investments and reinvestments of
11       moneys in the fund. The resolution may recommend investment and re-
12       porting policies, including acceptable levels of return, risk and security.
13       Except for loans made to a qualified borrower for the purpose of trans-
14       portation qualified projects or the purchase of bonds or other authorized
15       evidence of debt issued by a qualified borrower for the purpose of a
16       transportation qualified project and after consultation with the secretary,
17       the pooled money investment board shall have the authority to invest and
18       reinvest moneys in the fund and to acquire, retain, manage, including the
19       exercise of any voting rights, and dispose of investments of the fund. In
20       investing or reinvesting moneys in the fund, there shall be exercised the
21       judgment and care under the circumstances then prevailing and consis-
22       tent with the purposes of this act which persons of prudence, discretion
23       and intelligence exercise in the management of their own affairs, not in
24       regard to speculation but in regard to the permanent disposition of their
25       funds, considering the probable income as well as the probable safety of
26       their capital, except that moneys in the fund may not be invested in com-
27       mon stock. Notwithstanding anything to the contrary, all interest or other
28       income of the investments, after payment of any management fees, shall
29       be considered income of the fund.
30           New Sec. 6. The secretary shall develop a priority system for projects
31       in conformance with applicable provisions of the federal acts.
32           Section 7. K.S.A. 68-2315 is hereby amended to read as follows:
33       68-2315. Annually, prior to the 10th day of each regular session of the
34       legislature, the secretary of transportation shall submit a written report
35       to the governor and each member of the legislature providing:
36           (a) A comprehensive financial report of all funds for the preceding
37       year which shall include a report by independent public accountants at-
38       testing that the financial statements present fairly the financial position
39       of the Kansas department of transportation in conformity with generally
40       accepted accounting principles;
41           (b) a detailed explanation of the methods or criteria employed to
42       select construction projects, including a definition of the program ele-
43       ments in subsections (a) and (b) of K.S.A. 68-2314 and amendments

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  1       thereto;
  2           (c) the proposed allocation and expenditure of moneys and proposed
  3       work plan for the current fiscal year and at least the next five years;
  4           (d) information concerning construction work completed in the pre-
  5       ceding fiscal year and construction work in progress;
  6           (e) the activities and use of the transportation capital enhancement
  7       fund;
  8           (e) (f) specific recommendations for any statutory changes necessary
  9       for the efficient and effective operation of the Kansas department of
10       transportation; and
11           (f) (g) an explanation of any material changes from the previous an-
12       nual report. Prior to the 10th day of each regular session of the leg-
13       islature commencing with the 1999 legislative session through the
14       2001 legislative session, the secretary of transportation shall submit
15       a written report to each member of the committee on transportation
16       and tourism and the committee on ways and means of the senate
17       and to each member of the committee on transportation and the
18       committee on appropriations of the house of representatives detail-
19       ing all transfers from the state highway fund to the transportation
20       capital enhancement fund during the preceding calendar year.
21       Commencing with the 2002 legislative session such information
22       shall be included as part of the annual report under this section.
23           New Sec. 8. (a) Qualified borrowers which desire assistance in the
24       form of a loan, credit enhancement or grant under this act shall submit
25       an application therefor to the secretary. Applications shall be in the form
26       and shall include information the secretary requires and shall be submit-
27       ted in a manner and at a time to be determined by the secretary.
28           (b) The secretary may enter into agreements with any qualified bor-
29       rower for the provision of assistance thereto for payment of all or a part
30       of project costs and any subdivision of government may enter into such
31       an agreement and may accept such assistance when authorized by its
32       governing body. The purposes of the assistance to be provided, the form
33       of the assistance, the amount thereof, the interest rate thereon, and the
34       repayment terms and conditions thereof, all of which may vary among
35       subdivisions of government, shall be included in the agreements. Assis-
36       tance may provide for the purchase of bonds issued by a qualified bor-
37       rower. Assistance in the form of loans may be provided at or below their
38       current market interest rates or may be provided interest free. In the case
39       of assistance in the form of a loan, all such agreements at a minimum
40       shall require that:
41           (1) The subdivision of government establishes a dedicated source of
42       revenue for repayment of the loans which may include unlimited ad va-
43       lorem property taxes levied in accordance with the loan agreement;

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  1           (2) shall further provide that repayment of any loan received shall
  2       begin not later than one year after completion of the project; and
  3           (3) that such loan shall be repaid in full no later than 20 years after
  4       completion of the project.
  5           (c) In the event any subdivision of government to which a commit-
  6       ment for assistance is made under this act fails to enter into an agreement
  7       with the secretary for such assistance, in accordance with the require-
  8       ments of this act or other applicable state or federal law, the secretary
  9       may make the amount of the assistance available to one or more other
10       projects.
11           (d) The secretary shall provide any subdivision of government, upon
12       its request, with technical advice and assistance regarding a project or an
13       application for assistance. The secretary may assess reasonable fees for
14       providing such assistance.
15           New Sec. 9. (a) Upon the failure of a subdivision of government to
16       perform any of the terms and conditions of any agreement with the sec-
17       retary under this act, the secretary may order the state treasurer to pay
18       to the secretary such portion of the subdivision of government's share of
19       the special city and county highway fund as may be necessary to satisfy
20       the terms of such agreement. Distributions to the cities and counties
21       pursuant to K.S.A. 79-3425c and amendments thereto shall be computed
22       prior to considering any distribution to the secretary under this section.
23       For counties required pursuant to subsection (b) of K.S.A. 79-3425c and
24       amendments thereto to distribute a portion of their special city and
25       county highway fund money to the cities located within their county, the
26       secretary shall not order the state treasurer to pay to the secretary an
27       amount in excess of that to be retained by the county pursuant to statute.
28       Counties will compute and distribute moneys to the several cities located
29       within their county, as required by subsection (b) of K.S.A. 79-3425c and
30       amendments thereto as if the secretary had not ordered the state trea-
31       surer to pay to the secretary funds to be distributed to the county.
32           (b) Qualified borrowers receiving assistance under this act and
33       amendments thereto shall maintain project accounts in accordance with
34       generally accepted government accounting standards and shall provide to
35       the secretary access to all project records upon the secretary's request
36       and without the necessity of prior notice.
37           (c) Except as provided by law, subdivisions of government receiving
38       federal funds under the federal acts with respect to project costs for which
39       a loan was provided under the provisions of this act and amendments
40       thereto shall promptly repay such loan to the extent of the federal funds
41       received under the federal act.
42           (d) Any loans received by a subdivision of government under the pro-
43       visions of this act and amendments thereto shall be construed to be bonds

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  1       for the purposes of K.S.A. 10-1116 and 79-5028 and amendments thereto,
  2       and the amount of such loans shall not be included within any limitation
  3       on the bonded indebtedness of such subdivision of government.
  4           New Sec. 10. (a) For the purpose of this act, the secretary may issue
  5       bonds of the state of Kansas, payable solely from revenues accruing to
  6       the fund and the state highway fund and transferred to the transportation
  7       capital enhancement bond debt service fund and pledged to their pay-
  8       ment, for the purpose of capitalizing the fund and providing funds to
  9       provide assistance to subdivisions of government for transportation pro-
10       jects and to pay all expenses incidental thereto and to the bonds. The
11       total principal amount of bonds issued by the secretary to capitalize the
12       fund which may be outstanding shall not exceed $50,000,000. the sec-
13       retary for the purpose of making loans to subdivisions of govern-
14       ment for qualified projects and to pay all expenses incidental
15       thereto and to the bonds may issue revenue bonds or enter into
16       agreements with the Kansas development finance authority to issue
17       revenue bonds payable solely from revenues accruing to the fund.
18       In accordance with procurement statutes, the secretary may contract with
19       financial advisors, attorneys and such other professional services as the
20       secretary deems necessary to carry out the provisions of this act, and to
21       do all things necessary or convenient to carry out the powers expressly
22       granted in this act. Notwithstanding anything to the contrary, the pro-
23       ceeds of bonds authorized under this act are to be deposited to the fund
24       and earnings on balances of bond proceeds in the fund are to be deposited
25       to the transportation capital enhancement bond debt service fund which
26       is hereby created.
27           (b) Additionally the secretary for the purpose of making loans may
28       issue revenue bonds or enter into agreements with the KDFA to issue
29       revenue bonds payable solely from revenues accruing to the fund.
30           (c) The activities of the secretary in administering and performing
31       the powers, duties and functions prescribed by the provisions of the act
32       from the proceeds of bonds issued for such purpose by the KDFA are
33       hereby approved for the purposes of subsection (b) of K.S.A. 74-8905
34       and amendments thereto and the authorization of the issuance of such
35       bonds in accordance with that statute. The provisions of subsection (a) of
36       K.S.A. 74-8905 and amendments thereto shall not prohibit the issuance
37       of bonds for such purposes when so authorized and any such issuance of
38       bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905
39       and amendments thereto.
40           New Sec. 11. (a) Issuance of bonds shall be authorized for purposes
41       of the bond pool provided for by this act by resolution of the secretary.
42       The secretary shall determine the form and manner of the execution of
43       bonds and such bonds may be made exchangeable for bonds of another

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  1       denomination or in another form. The bonds shall be dated and shall
  2       mature not later than 20 years from their date. The bonds may be in such
  3       form and denominations, may bear interest payable at such times and at
  4       such rate or rates, may be payable at such places within or without the
  5       state of Kansas, may be subject to such terms of redemption in advance
  6       of maturity at such prices, and may contain such terms and conditions,
  7       all as the secretary determines. The bonds shall have all the qualities of
  8       and shall be deemed to be negotiable instruments under the laws of the
  9       state of Kansas. The authorizing resolution may contain such other terms,
10       covenants and conditions that the secretary deems reasonable and desir-
11       able.
12           (b) The proceeds from the sale of the bonds issued by the secretary
13       under this act are deemed to be trust funds which shall be deposited in
14       the custody of the state treasurer in the fund in the state treasury. The
15       secretary shall have responsibility for the management and control of the
16       fund and shall provide, by resolution, for both amounts and the duration
17       of investments of moneys in such fund. Such resolution may recommend
18       investment and reporting policies, including acceptable levels of return,
19       risk and security. After consultation with the secretary and subject to the
20       terms, covenants and conditions provided in the resolutions providing for
21       the issuance of such bonds, the pooled money investment board shall
22       have the authority to invest and reinvest moneys in such fund and to
23       acquire, retain, manage, including the exercise of any voting rights, and
24       dispose of investments of such fund. In investing or reinvesting moneys
25       in such fund, there shall be exercised the judgment and care under the
26       circumstances then prevailing which persons of prudence, discretion and
27       intelligence exercise in the management of their own affairs, not in regard
28       to speculation but in regard to the permanent disposition of their funds,
29       considering the probable income as well as the probable safety of their
30       capital, except that moneys of the fund may not be invested in common
31       stocks. Notwithstanding anything to the contrary, all interest or other
32       income on the investments, after payment of any management fees, of
33       the fund shall be credited to the transportation capital enhancement
34       bond debt service fund, until payments on bonds authorized by this act
35       and interest thereon has been fully funded. Thereafter, earnings and
36       other income shall be credited to the transportation capital enhancement
37       fund.
38           (c) The authorizing resolution may provide for the execution of a trust
39       indenture. The trust indenture may contain such terms, covenants and
40       conditions as are deemed desirable by the secretary, including those per-
41       taining to the maintenance of various funds and reserves, the nature and
42       extent of any security for payment of the bonds, the custody and appli-
43       cation of the proceeds of the bonds, the collection and disposition of bond

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  1       proceeds and earnings thereon, the investing for authorized purposes,
  2       and the rights, duties and obligations of the secretary and the holders and
  3       registered owners of the bonds.
  4           (d) Any authorizing resolution and trust indenture relating to the is-
  5       suance and security of the bonds may set forth covenants, agreements
  6       and obligations therein, which may be enforced by mandamus or other
  7       appropriate proceeding at law or in equity.
  8           (e) The bonds may be issued under the provisions of this act without
  9       obtaining the consent of any department, division, commission, board,
10       bureau or agency of the state and without any other proceedings or the
11       happening of any other conditions or things than those proceedings, con-
12       ditions or things which are specifically required by this act.
13           New Sec. 12. (a) All bonds authorized to be issued by the secretary
14       under this act may be sold upon such terms, as the secretary shall deter-
15       mine to be reasonable and expedient for effectuating the purposes of this
16       act. The bonds may be sold at such price as the secretary may accept,
17       including sale at discount.
18           (b) The bonds, except when issued as book-entry-only, shall be exe-
19       cuted by manual or facsimile signature of the secretary. In case any of-
20       ficers whose signatures appear on the bonds or coupons shall cease to be
21       such officers before delivery of such bonds or coupons, their signatures,
22       nevertheless, shall be valid and sufficient for all purposes. The secretary
23       shall adopt and use a seal in the execution and issuance of the bonds, and
24       each bond shall be impressed or imprinted with the seal of the secretary.
25           (c) Bonds issued under the provisions of this act shall not be deemed
26       to constitute an indebtedness of the state of Kansas or an indebtedness
27       for which the faith and credit or taxing powers of the state of Kansas are
28       pledged. It shall be plainly stated on the face of each bond, except when
29       issued as book-entry-only, that it has been issued under this act, that the
30       bonds shall be obligations only of the state highway fund, and that, in no
31       event, shall the bonds constitute an indebtedness of the state of Kansas
32       or an indebtedness for which the faith and credit or taxing powers of the
33       state of Kansas are pledged.
34           New Sec. 13. The secretary may use the proceeds of any bonds au-
35       thorized by this act, together with any other available funds, for activities
36       of the fund as provided in this act and for paying expenses of authorizing
37       and issuing the bonds, for paying the interest on the bonds until revenues
38       therefore are available in sufficient amounts to pay such interest, for pur-
39       chasing bond insurance and other credit enhancements on the bonds, and
40       for funding such reserves as the secretary deems necessary and desirable.
41           New Sec. 14. There is hereby established in the state treasury the
42       transportation capital enhancement bond debt service fund. Moneys in
43       the transportation capital enhancement bond debt service fund may be

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  1       invested in the same manner as prescribed in section 11. The secretary,
  2       in the manner prescribed by law, may transfer from the transportation
  3       capital enhancement fund to the transportation capital enhancement
  4       bond debt service fund, upon duly executed order or voucher of the
  5       secretary to the state director of accounts and reports, such amounts as
  6       shall be required for paying the interest on all bonds and refunding bonds
  7       issued by the secretary under this act; for retiring such bonds by their
  8       maturity or maturities; for creating reserves for such purposes; for paying
  9       the premium, if any, on a specified aggregate principal amount of such
10       bonds or refunding bonds which would be payable in such year if such
11       principal amount of bonds or refunding bonds were to be redeemed prior
12       to their maturity or maturities; for doing any of the acts authorized in this
13       act; and for paying any administrative or other expenses incurred in car-
14       rying out the powers granted by this act. The transfers to be made in any
15       year pursuant to the provisions of this section from the state highway
16       fund shall be a lien and claim on the state highway fund. When the prin-
17       cipal, redemption premium, if any, and interest on any and all bonds
18       issued pursuant to this act have either been paid or the lien of such bonds
19       shall have been defeased in accordance with their terms so that such
20       bonds are deemed to have been paid, then any and all moneys held in
21       the transportation capital enhancement bond debt service fund may be
22       transferred by the secretary to the transportation capital enhancement
23       fund. The secretary may, in the manner prescribed by law, expend from
24       the transportation capital enhancement bond debt service fund, upon
25       duly executed order or voucher of the secretary to the state director of
26       accounts and reports, such amounts as shall be required for the payment
27       of principal, premium, if any, and interest on bonds issued pursuant to
28       this act.
29           New Sec. 15. The exercise of the powers granted by this act will be
30       in all respects for the benefit of the people of the state, for the increase
31       of their commerce and prosperity and for the improvement of their health
32       and living conditions; and as construction, improvement, replacement and
33       maintenance of highway projects in the state will constitute the perform-
34       ance of essential governmental functions, all bonds and other debt in-
35       struments issued pursuant to the provisions of this act, and all income or
36       interest therefrom, at all times shall be exempt from all taxes within the
37       state of Kansas.
38           New Sec. 16. Subject to the provisions of subsection (b) of K.S.A.
39       68-2321 and amendments thereto, the secretary may create and establish
40       one or more special accounts as appropriate to secure bonds issued under
41       this act, as determined by the secretary.
42           New Sec. 17. The secretary may issue bonds under this act, for the
43       purpose of refunding, either at maturity or in advance of maturity of

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  1       bonds previously issued under this act by the secretary. Such refunding
  2       bonds may either be sold or delivered in exchange for the bonds being
  3       refunded. If sold, the proceeds may either be applied to the payment of
  4       the bonds being refunded or deposited in trust and there maintained in
  5       cash or invested for the retirement of the bonds being refunded, as shall
  6       be specified by the secretary and the authorizing resolution or trust in-
  7       denture securing such refunding bonds. The authorizing resolution or
  8       trust indenture securing the refunding bonds may provide that the re-
  9       funding bonds shall have the same security for their payment as provided
10       for the bonds being refunded. Refunding bonds shall be sold and secured
11       in accordance with the provisions of this act pertaining to the sale and
12       security of the bonds. Any bonds that have been issued pursuant to this
13       section shall not be counted against the limit on the aggregate principal
14       amount of bonds established under section 10 and amendments thereto.
15           New Sec. 18. (a) This act shall be liberally construed. Nothing con-
16       tained herein shall be construed as a restriction or limitation upon any
17       powers which the secretary might otherwise have under any other law of
18       this state, and the provisions of the foregoing are cumulative to such
19       powers. The foregoing provisions shall be construed to provide a com-
20       plete, additional and alternative method for the doing of the things au-
21       thorized and shall be regarded as supplemental and additional to powers
22       conferred by any other laws. The issuance of bonds under the provisions
23       hereof and the investment of proceeds therefrom need not comply with
24       the requirements of any other state laws applicable to the issuance of
25       bonds, notes and other obligations.
26        (b) Except as otherwise provided in this subsection, nothing in
27       this act shall be construed to authorize any project or qualified
28       project which would constitute an internal improvement under item
29       (4) of section 9 of article 11 of the Kansas constitution. Any such
30       project shall be authorized only in accordance with the provisions
31       of item (4) of section 9 of article 11 of the Kansas constitution.
32           New Sec. 19. The bonds issued by the secretary under the provisions
33       of this act are hereby made securities in which all public officers and
34       public bodies of the state and its political subdivisions, all insurance com-
35       panies, trust companies, banking associations, investment companies, sav-
36       ings and loan associations, executors, administrators, trustees and other
37       fiduciaries may properly and legally invest funds, including capital in their
38       control or belonging to them. Such bonds are hereby made securities
39       which may properly and legally be deposited with and received by any
40       state or municipal officer or any agency or political subdivision of the
41       state for any purpose for which the deposit of bonds or other obligations
42       of the state is now or may be hereafter authorized by law.
43           New Sec. 20. (a) This act constitutes full and complete authority for

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  1       the purposes set out in this act, and no procedure or proceedings other
  2       than those required by this act shall be necessary for the performance of
  3       the provisions thereof. The powers conferred by this act shall be in ad-
  4       dition and supplemental to and not in substitution for, and the limitations
  5       imposed by this act shall not affect, the powers conferred on the secretary
  6       by any other law.
  7           (b) The provisions of this act are severable, and if any provision, sec-
  8       tion, subsection, sentence, clause or phrase of this act, including, but not
  9       limited to, the provisions relating to any of the sources of revenues for
10       payment of bonds authorized pursuant to this act are for any reason held
11       to be unconstitutional or otherwise invalid by any court of competent
12       jurisdiction, such decision shall not affect the validity of the remaining
13       portions of this act. The legislature hereby declares that it would have
14       passed this act and each provision, section, subsection, sentence, clause
15       or phrase thereof irrespective of the fact that any one or more of the same
16       are declared invalid.
17           New Sec. 21. The program shall continue until terminated by law,
18       except, that no such law shall take effect so long as there shall be out-
19       standing any bonds secured by the fund unless adequate provision has
20       been made for the payment or satisfaction thereof. Upon termination of
21       the program, the title to the fund and any amounts remaining therein and
22       all other program assets which remain after provision for the payment or
23       satisfaction of all bonds issued pursuant to this act shall vest in the state
24       highway fund.
25           Sec. 22. K.S.A. 68-2315 is hereby repealed.
26           Sec. 23. This act shall take effect and be in force from and after its
27       publication in the statute book.
28