Session of 1999
         
SENATE BILL No. 159
         
By Joint Committee on State Building Construction
          
1-28
          
  9             AN  ACT concerning the Topeka state hospital property; transferring
10             control and operation of the Topeka state hospital property from the
11             secretary of social and rehabilitation services; amending K.S.A. 75-
12             3765 and 76-12a01 and repealing the existing sections; also repealing
13             K.S.A. 76-371.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             New Section  1. (a) As used in this section, "Topeka state hospital
17       property" means all state-owned land and improvements in the city of
18       Topeka, Kansas, which is in the area bounded by west Sixth street on the
19       south, MacVicar avenue on the east, Interstate 70 on the north, and Oak-
20       ley avenue on the west, including the adjacent state-owned land west of
21       Oakley avenue, excluding the state printing plant land designated by the
22       secretary of administration.
23             (b) The secretary of administration shall have custody and control of
24       the Topeka state hospital property and may operate and maintain the
25       property. The secretary of administration may make expenditures for the
26       following:
27             (1) Goods and services relating to the use, sale, lease or other dis-
28       position of the Topeka state hospital property;
29             (2) marketing the use, sale, lease or other disposition of the Topeka
30       state hospital property; and
31             (3) operating and maintaining the Topeka state hospital property, in-
32       cluding security, repair and capital improvements.
33             (c) The secretary of administration may:
34             (1) Enter into agreements to lease all, or any portion, of the Topeka
35       state hospital property for a period not to exceed five years;
36             (2) enter into agreements to lease all, or any portion, of the Topeka
37       state hospital property for a period longer than five years after review and
38       consultation with the joint committee on state building construction;
39             (3) enter into agreements and fix or alter charges for the use of the
40       Topeka state hospital property by state agencies and others in any
41       amounts that the secretary of administration determines to be beneficial
42       or necessary; and
43             (4) enter into agreements to sell all or any portion of the Topeka state

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  1       hospital property, subject to approval of the state finance council. The
  2       approval of the sale of all, or any portion, of the Topeka state hospital
  3       property is hereby characterized as a matter of legislative delegation and
  4       subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c,
  5       and amendments thereto. Approval by the state finance council may be
  6       given when the legislature is in session.
  7             (d) The Topeka state hospital property and any portion thereof shall
  8       be exempt from ad valorem taxation as long as such property is owned
  9       by the state of Kansas and such property is:
10             (1) Used by the state of Kansas or any of its agencies;
11             (2) vacant;
12             (3) leased by an entity exempt from the payment of ad valorem tax-
13       ation; or
14             (4) used for a purpose that is exempt from the payment of ad valorem
15       taxation.
16             (e) The provisions of K.S.A. 79-201, et seq., and amendments thereto,
17       requiring the requesting and filing of property tax exemptions shall not
18       apply to the exemption provided by this section.
19             Sec.  2. K.S.A. 75-3765 is hereby amended to read as follows: 75-
20       3765. (a) (1) The secretary of administration shall assign space and facil-
21       ities in all state-owned or operated property or buildings in Shawnee
22       county, Kansas, except the state capitol, Topeka correctional facility, the
23       Kansas neurological institute, the juvenile correctional facility at Topeka,
24       the employment security administrative office building, 401 Topeka av-
25       enue, Kansas state employment service building, 1309 Topeka avenue,
26       the Topeka state hospital, state highway shops and laboratory and prop-
27       erty of the Kansas national guard, for the use of the various state agencies
28       and. The secretary may determine, fix and establish a system of rental
29       charges by the square foot and collect the same monthly for space and
30       facilities occupied by each state agency whenever any appropriation for
31       rental for space and facilities is made therefor, in an amount not to exceed
32       the amount appropriated.
33             (2) The secretary of administration also may assign space and facili-
34       ties, establish a system of rental charges and collect rents for property
35       and buildings owned or controlled by the department of administration
36       in other parts of the state.
37             (3) The amounts collected under paragraphs (1) and (2) shall be re-
38       mitted by the secretary of administration to the state treasurer and. The
39       state treasurer shall deposit such amounts in the state treasury to the
40       credit of the building and ground fund, except that amounts collected for
41       space and facilities in the state office building located between Ninth,
42       Tenth, Harrison and Topeka streets shall be deposited in the state treas-
43       ury to the credit of the fund provided in K.S.A. 75-3615, and amendments

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  1       thereto. Notwithstanding the other provisions of this section, charge for
  2       and deposit of rentals for the buildings and properties to which K.S.A.
  3       75-3629 to 75-3647, inclusive, and amendments thereto, apply shall be
  4       in compliance with such statutes.
  5             (4) On or before December 31, 1994, and on or before each Decem-
  6       ber 31, thereafter of each year, the secretary of administration shall pres-
  7       ent a report to the joint committee on state building construction con-
  8       cerning any actions taken by the secretary pursuant to authority granted
  9       to the secretary under this subsection. The report shall describe the action
10       taken and the statutory authority authorizing such action.
11             (b) The secretary of administration shall require five-year building
12       space utilization plans from all state agencies and develop a database of
13       all state-owned or leased building and storage space. This database shall
14       serve as the central repository of state-owned or leased building and stor-
15       age space information. All changes made in the ownership or leasing
16       status of all building space utilized by state agencies shall be reported to
17       the secretary of administration and entered into this database. The da-
18       tabase shall include the actual and budgeted amount of money paid by
19       state agencies for building and storage space. The database may include
20       any other information related to the building space needs of the state as
21       determined to be necessary by the secretary of administration.
22             All state agencies shall cooperate with requests for information con-
23       cerning building space and storage space made by the secretary of ad-
24       ministration or the secretary of administration's designee. As used in this
25       section, state agencies shall include those agencies considered to be quasi-
26       state agencies.
27             On or before December 31, 1994, and on or before each December
28       31 thereafter of each year, the secretary of administration shall present a
29       report of state-owned or leased building and storage space information
30       to the joint committee on state building construction and shall provide
31       notice at the same time to the secretary of the senate and to the chief
32       clerk of the house of representatives that such report is available to mem-
33       bers of the legislature.
34             (c) As used in this section, "state agencies" also shall include any
35       quasi-state agency.
36             Sec.  3. K.S.A. 76-12a01 is hereby amended to read as follows: 76-
37       12a01. As used in this act, unless the context otherwise requires:
38             (a) "Secretary" means the secretary of social and rehabilitation
39       services.
40             (b) "Institution" means the following institutions: Topeka state hos-
41       pital, Osawatomie state hospital, Rainbow mental health facility, Larned
42       state hospital, Parsons state hospital and training center, Winfield state
43       hospital and training center, and Kansas neurological institute.

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  1             (c) "Director" or "commissioner" means the commissioner of mental
  2       health and developmental disabilities. 
  3       Sec.  4. K.S.A. 75-3765, 76-371 and 76-12a01 are hereby repealed.
  4        Sec.  5. This act shall take effect and be in force from and after its
  5       publication in the statute book.