[As Amended by House Committee of the
Whole]
As Amended by House Committee
As Amended by Senate Committee
Session of 2000
SENATE BILL No. 462
By Committee on Elections and Local Government
1-20
12 AN
ACT concerning campaign finance; relating to contributions;
amend-
13 ing K.S.A.
1999 Supp. 25-4153a and repealing the existing
section.
14 AN ACT concerning
governmental ethics and elections; amending
15 K.S.A.
1999 Supp. 25-4143, 25-4153a, 46-237, 46-237a and
46-
16 269 and
repealing the existing sections. [K.S.A.
10-116a, 10-
17 427a, 10-1202,
10-1211, 25-4142, 46-235, 46-242, 46-271, 59-
18 2006, 66-1513,
75-430a, 75-1250, 75-1251, 75-1253, 75-1254,
19 75-1255, 75-1258,
75-1265, 75-3738, 75-3740, 75-3784, 75-3799,
20 75-37,102,
75-5310a, 75-5801, 75-5802, 75-5803 and 75-5804
21 and K.S.A. 1999
Supp. 10-106, 25-4143, 25-4153a, 40-3410, 40-
22 3411, 44-566a,
46-237, 46-237a, 46-269, 74-8904, 75-3739 and
23 76-745 and
repealing the existing sections; also repealing K.S.A.
24 75-1256, 75-1257,
75-5805, 75-5806 and 75-5807.]
25
26 Be it enacted by the Legislature of the
State of Kansas:
27 [Section 1. K.S.A.
25-4142 is hereby amended to read as fol-
28 lows: 25-4142. K.S.A. 25-4119e,
25-4119f, 25-4119g, 25-4142 to 25-
29 4179 inclusive, and amendments
thereto and 25-4119e, 25-4119f, 25-
30 4119g, 25-4148a, 25-4153a,
25-4157a, 25-4169a, 25-4180 to 25-4185,
31 inclusive through
25-4187 and section 2, and amendments
thereto,
32 shall constitute
be known and may be cited as the
``campaign finance
33 act.''
34 [New Sec.
2. (a) The restrictions in subsection (b) shall apply
35 to political committees having as a
major purpose to expressly ad-
36 vocate the nomination, election or
defeat of any clearly identified
37 candidate for the legislature or to make
contributions or expend-
38 itures for the nomination, election or
defeat of any clearly identi-
39 fied candidate for the
legislature.
40 [(b) A member
of the legislature, a member-elect of the legis-
41 lature and a candidate for election to
the legislature shall not serve
2
1 as an officer or director of a
political committee.]
2 [Section
3. K.S.A. 46-235 is hereby amended to read as fol-
3 lows: 46-235. (a) No
state officer or employee shall accept com-
4 pensation for performance of
official duties, other than that to
5 which such person is entitled for
such performance. No person
6 shall pay or offer to pay any
state officer or employee any com-
7 pensation for performance of
official duties, except a state officer
8 or employee performing official
duties in making payments to
9 state officers and employees. The
receipt of wages or salary from
10 an individual's non-state employer
during a period of service as a
11 state officer or employee shall not be
construed as compensation
12 for performance of official
duties.
13 [(b)
(1) Except as otherwise specifically provided in this
subsection,
14 no legislator, state officer elected on
a statewide basis, full-time state of-
15 ficer appointed subject to confirmation
by the senate or the spouse of any
16 such officer shall accept directly or
indirectly any present, promised or
17 contingent moneys, compensation,
expenses or other allowance or eco-
18 nomic opportunity:
19
[(A) Which is paid or financed in whole or in part
from moneys or
20 funds of, or which are budgeted for
expenditures by, any agency of the
21 state, or any body politic and corporate
or other entity created by any
22 law of the state, except compensation
and allowances specifically author-
23 ized by law for duties and service of
the legislator, state officer elected on
24 a statewide basis, full-time state
officer appointed subject to confirmation
25 by the senate;
26
[(B) under any contract or bond or any kind of debt
instrument issued
27 by any agency of the state or any body
politic and corporate or other
28 entity created by any law of the state;
or
29
[(C) under any contract issued by any political or
taxing subdivision
30 of the state which receives an amount
equal to 10% or more of the reve-
31 nues funding its budget of expenditures
in any fiscal year from any agency
32 of the state.
33
[(2) The provisions of part (1) of this subsection
shall not apply to:
34
[(A) Any contract or bond awarded or issued by any
agency of the
35 state or any body politic and corporate
or other entity created by any law
36 of the state upon the basis of a pure
competitive bid or in accordance with
37 an established fee schedule;
38
[(B) moneys, compensation, allowances or economic
opportunities re-
39 ceived from any agency of the state or
any body politic and corporate or
40 other entity created by any law of the
state, if such benefit accrues to
41 members of the general public or a
specific class of individuals other than
42 members of the legislature;
43
[(C) the refund of taxes by the state or any
political or taxing
3
1 subdivision;
2
[(D) benefits received pursuant to the order of any
court or an action
3 brought in accordance with the
Kansas administrative procedure act;
4
[(E) the receipt of compensation, expenses or other
allowances for
5 service to any university under
the jurisdiction of the state board of re-
6 gents, the Washburn board of
regents, a community college or a unified
7 school district; or
8
[(F) the receipt of compensation, expenses or other
allowances for
9 service in the classified or
unclassified service under the Kansas civil serv-
10 ice act by the spouse of any such
officer.
11
[(3) Any person violating the provisions of this
subsection shall be
12 guilty of a class A misdemeanor.
13
[(c) Except as otherwise specifically provided in
this subsection, no
14 person, in which any legislator, state
officer elected on a statewide basis,
15 full-time state officer appointed
subject to confirmation by the senate or
16 the spouse of any such officer has a
substantial interest or any kind of
17 ownership interest, shall accept any
compensation or economic opportu-
18 nity from any agency of the state, any
body politic and corporate or other
19 entity created by any law of the state
or any political or taxing subdivision
20 of the state which receives an amount
equal to 10% or more of the reve-
21 nues funding its budget of expenditures
in any fiscal year from any agency
22 of the state. The provisions of this
subsection shall not apply to ownership
23 or a substantial interest consisting of
stocks or bonds which are publicly
24 traded or bonds issued by agencies of
the state or bodies politic or cor-
25 porate or other entities created by any
law of the state.
26 [Sec.
4. K.S.A. 46-242 is hereby amended to read as follows:
27 46-242. (a) No state officer or employee
shall accept a represen-
28 tation case before a state agency where
such officer or employee
29 knows or should know that it is
obviously without merit and is
30 being offered with intent to obtain
improper influence over a state
31 agency.
32 [(b) No state
officer or employee shall use threat or promise of
33 official action in an attempt to
influence a state agency in any rep-
34 resentation case.
35
[(c) Except as otherwise provided in this subsection,
no legislator, or
36 other representative of any firm of
which any legislator is a member or
37 by which any legislator is employed,
shall represent any person in any
38 representation case before any state
agency except cases in which the
39 legislator is representing only the
personal interest of the legislator, the
40 interests of a member of the immediate
family of such legislator or a
41 person in which such legislator has a
substantial interest. The provisions
42 of this subsection shall not apply to
representation in workers compen-
43 sation cases, before the board of tax
appeals and proceedings in accord-
4
1 ance with the Kansas
administrative procedure act.
2 [Sec.
5. K.S.A. 1999 Supp. 74-8904 is hereby amended to read
3 as follows: 74-8904. Except as
otherwise limited by this act, the
4 authority shall have the following
powers to:
5 [(a) Sue
and be sued;
6
[(b) have a seal and alter such seal;
7
[(c) make and alter bylaws for its organization and
internal
8 management;
9
[(d) adopt such rules and regulations as may be necessary
to
10 carry out the purposes of this
act;
11 [(e) acquire,
hold and dispose of real and personal property for
12 its corporate purposes;
13 [(f) appoint
officers, agents and employees, prescribe their du-
14 ties and qualifications and fix their
compensation;
15 [(g) borrow
money and to issue notes, bonds and other obli-
16 gations pursuant to K.S.A. 74-8905, and
amendments thereto,
17 whether or not the interest on which is
subject to federal income
18 taxation, and to provide for the rights
of the lenders or holders
19 thereof;
20 [(h) purchase
notes or participations in notes evidencing loans
21 which are secured by mortgages or
security interests and to enter
22 into contracts in that regard;
23 [(i) make
secured or unsecured loans for any of the purposes
24 for which bonds of the authority may be
issued under this act or
25 to low and moderate income multifamily
rental housing projects
26 participating in programs established in
section 42 of the federal
27 internal revenue code, and provide
financing for housing projects
28 and programs in participation with
programs established by the
29 United States department of housing and
urban development or
30 the Kansas department of commerce and
housing; except as oth-
31 erwise provided in this subsection,
nothing in this act shall be con-
32 strued to authorize the authority to
make loans directly to individ-
33 uals to finance housing
developments;
34 [(j) sell
mortgages and security interests at public or private
35 sale, to negotiate modifications or
alterations in mortgage and se-
36 curity interests, to foreclose on any
mortgage or security interest
37 in default or commence any action to
protect or enforce any right
38 conferred upon it by any law, mortgage,
security agreement, con-
39 tract or other agreement, and to bid for
and purchase property
40 which was the subject of such mortgage
or security interest at any
41 foreclosure or at any other sale, to
acquire or take possession of
42 any such property, and to exercise any
and all rights as provided
43 by law for the benefit or protection of
the authority or mortgage
5
1 holders;
2
[(k) collect fees and charges in connection with its loans,
bond
3 guarantees, commitments and
servicing, including, but not limited
4 to, reimbursement of costs of
financing as the authority shall de-
5 termine to be reasonable and as
shall be approved by the authority;
6
[(l) make and execute contracts for the servicing of
mortgages
7 acquired by the authority pursuant
to this act, and to pay the rea-
8 sonable value of services rendered
to the authority pursuant to
9 those contracts;
10 [(m) enter
into agreements with and accept gifts, grants, loans
11 and other aid from the federal
government, the state, any state
12 agency, any political subdivision of the
state, or any person or cor-
13 poration, foundation or legal entity,
and to agree to and comply
14 with any conditions attached to federal
and state financial assis-
15 tance not inconsistent with the
provisions of this act;
16 [(n) invest
moneys of the authority not required for immediate
17 use, including proceeds from the sale of
any bonds, in such manner
18 as the board shall determine, subject to
any agreement with bond-
19 holders stated in the authorizing
resolution providing for the is-
20 suance of bonds;
21 [(o) procure
insurance against any loss in connection with its
22 programs, property and other
assets;
23 [(p) provide
technical assistance and advice to the state or po-
24 litical subdivisions of the state and to
enter into contracts with the
25 state or political subdivisions of the
state to provide such services.
26 The state or political subdivisions of
the state are hereby author-
27 ized to enter into contracts with the
authority for such services and
28 to pay for such services as may be
provided them;
29 [(q) establish
accounts in one or more depositories;
30 [(r) lease,
acquire, construct, sell and otherwise deal in and
31 contract concerning any
facilities;
32 [(s) have and
exercise all of the powers granted to the public
33 housing authorities by the state, except
that the authority shall not
34 have the power of eminent
domain;
35 [(t) do any
and all things necessary or convenient to carry out
36 purposes of the authority and exercise
the powers given and
37 granted in this act;
38 [(u) assist
minority businesses in obtaining loans or other
39 means of financial assistance. The terms
and conditions of such
40 loans or financial assistance, including
the charges for interest and
41 other services, will be consistent with
the provisions of this act. In
42 order to comply with this requirement,
efforts must be made to
43 solicit for review and analysis proposed
minority business ven-
6
1 tures. Basic loan underwriting
standards will not be waived to in-
2 consistently favor minority
persons or businesses from the intent
3 of the authority's lending
practices; and
4
[(v) form one or more subsidiary corporations under K.S.A.
17-
5 6001 et seq., and
amendments thereto, in accordance with the pro-
6 cedures therein contained. Each
subsidiary corporation shall be
7 subject to the same restrictions
and limitations as to the powers
8 and purposes to which the
authority is subject. The authority may
9 delegate any of its powers,
obligations and duties to any subsidiary
10 corporation by inclusion of such powers,
obligations and duties in
11 the articles of incorporation of the
subsidiary corporation. Subsid-
12 iary corporations so formed shall
constitute legal entities separate
13 and distinct from each other, the
authority and the state. The au-
14 thority shall not be liable for the
debts or obligations or for any
15 actions or inactions of its subsidiary
corporations unless the au-
16 thority expressly agrees otherwise in
writing. The authority may
17 make loans or grants to a subsidiary
corporation from time to time
18 to enable the subsidiary corporation to
carry out its purposes. The
19 members of the authority shall
constitute all of the directors of
20 each subsidiary
corporation;
21
[(w) adopt rules and regulations establishing
guidelines for the
22 awarding of professional services
contracts for state agencies, in accord-
23 ance with section 4, and amendments
thereto; and
24
[(x) adopt rules and regulations establishing
guidelines for the accep-
25 tance of competitive bids upon the sale
of bonds by any agency of the
26 state, any body politic and corporate or
any other entity created by any
27 law of the state.
28 [The state, any
municipality or any state commission, public au-
29 thority, agency, officer, department,
board or division authorized
30 and empowered to enter into agreements
with, to grant, convey,
31 lease or otherwise transfer any property
to, or to otherwise trans-
32 act business with the authority, shall
have the same authorization
33 and power to engage in these activities
with each subsidiary cor-
34 poration of the authority.
35 [One or more such
subsidiary corporation may be formed for
36 purposes of establishing state tax
credit equity funds to assist in
37 the development of low-income and
middle-income housing and
38 obtain financing through participation
in the program established
39 in section 42 of the federal internal
revenue code.
40 [Actions of the
authority or any subsidiary corporation relating
41 to housing pursuant to this subsection
(v) shall be carried out in
42 accordance with any terms, conditions
and limitations relating to
43 policy issues regarding housing, as
established by the secretary of
7
1 commerce and housing.
2 [One or more
such subsidiary corporations may be formed for
3 purposes of acquiring or conveying
on behalf of the state and pur-
4 suant to this act a project of
statewide as well as local importance,
5 issuing bonds on behalf of the
state pursuant to this act to finance
6 a project of statewide as well as
local importance or otherwise fi-
7 nancing on behalf of the state
pursuant to this act a project of
8 statewide as well as local
importance. The Kansas statewide pro-
9 jects development corporation is
hereby created in accordance
10 with this section.
11 [New Sec.
6. (a) Except as otherwise specifically provided by
12 law, all contracts for the providing of
professional services for state
13 agencies shall be awarded in conformance
with guidelines estab-
14 lished pursuant to rules and regulations
adopted by the board of
15 directors of the Kansas development
finance authority upon the
16 basis of competitive bids. The director
of purchases and officers
17 and employees of all state agencies
shall provide the board of di-
18 rectors of the Kansas development
finance authority with such in-
19 formation, records and assistance as the
board may require in es-
20 tablishing such guidelines.
21 [All bids shall be
solicited by notice published in the Kansas reg-
22 ister. Notice also shall be published
not less than once in the jour-
23 nal or other publication of the
profession for which such services
24 are to be contracted.
25 [When in the
judgment of the board of directors of the Kansas
26 development finance authority, an agency
emergency requires im-
27 mediate performance of services,
competitive bids need not be
28 required.
29 [(b) As used
in this act, ``professional services'' shall mean and
30 include all services provided under
contract to agencies of the
31 state by any member of profession, the
members of which are li-
32 censed or regulated under the laws of
the state of Kansas.
33 [Sec.
7. K.S.A. 75-3738 is hereby amended to read as
follows:
34 75-3738. Except as otherwise
provided in section 4, and amendments
35 thereto, the director of
purchases shall:
36 [(a) Purchase,
rent or otherwise provide for the furnishing of
37 supplies, materials, equipment or
contractual services for all state
38 agencies.
39 [(b) Have
power to authorize any state agency to purchase di-
40 rectly certain specified supplies,
materials, equipment or contrac-
41 tual services under prescribed
conditions and procedures.
42 [(c) Prescribe
the manner in which supplies, materials and
43 equipment shall be purchased, delivered
and distributed.
8
1
[(d) Prescribe the time, manner and authentication of
making
2 requisitions for supplies,
materials, equipment and contractual
3 services.
4
[(e) Establish standards of quality and quantity and
develop
5 standard specifications in
consultation with the several state
6 agencies.
7
[(f) Prescribe the manner of making chemical and
physical
8 tests of samples submitted with
bids and samples of deliveries to
9 determine compliance with
specifications and the manner in which
10 state agencies shall inspect all
deliveries of supplies, materials and
11 equipment.
12 [(g) Prescribe
the amounts and form of, accounting for and dis-
13 position of any deposit or bond required
to be submitted with a
14 bid or a contract and the amount of any
such deposit or bond to
15 be given for the faithful performance of
a contract.
16 [(h) Require
reports by state agencies of stocks of supplies, ma-
17 terials and equipment on hand and
prescribe the form of such
18 reports and deliver copies of such
reports to the director of pur-
19 chases and the director of accounts and
reports.
20 [Sec.
8. K.S.A. 1999 Supp. 75-3739 is hereby amended to read
21 as follows: 75-3739. In the manner as
provided in this act and rules
22 and regulations established
thereunder:
23 [(a) All
contracts for construction and repairs, and all pur-
24 chases of and contracts for supplies,
materials, equipment and con-
25 tractual services to be acquired for
state agencies shall be based
26 on competitive bids, except that
competitive bids need not be re-
27 quired in the following
instances:
28 [(1) For
contractual services, supplies, materials, or equipment
29 when, in the judgment of the director of
purchases, no competition
30 exists;
31 [(2) when, in
the judgment of the director of purchases, chem-
32 icals and other material or equipment
for use in laboratories or
33 experimental studies by state agencies
are best purchased without
34 competition, or where rates are fixed by
law or ordinance;
35 [(3) when, in
the judgment of the director of purchases, an
36 agency emergency requires immediate
delivery of supplies, ma-
37 terials or equipment, or immediate
performance of services;
38 [(4) when any
statute authorizes another procedure or pro-
39 vides an exemption from the provisions
of this section;
40 [(5) when
compatibility with existing contractual services, sup-
41 plies, materials or equipment is the
overriding consideration;
42 [(6) when a
used item becomes available and is subject to im-
43 mediate sale; or
9
1
[(7) when, in the judgment of the director of purchases and
the
2 head of the acquiring state
agency, not seeking competitive bids
3 is in the best interest of the
state.
4 [When the
director of purchases approves a purchase of or con-
5 tract for supplies, materials,
equipment, or contractual services in
6 any instance specified in this
subsection, the director may delegate
7 authority to make the purchase or
enter the contract under con-
8 ditions and procedures prescribed
by the director.
9 [The director
of purchases shall prepare a detailed report at
10 least once in each calendar quarter of
all contracts over $5,000
11 entered into without competitive bids
under subsection (a)(1), (2),
12 (3), (5), (6) or (7). The director shall
submit the report to the leg-
13 islative coordinating council, the
chairperson of the committee on
14 ways and means of the senate, the
chairperson of the committee
15 on appropriations of the house of
representatives and the chair-
16 person of the Kansas performance review
board.
17 [(b)
(1) If the amount of the purchase is estimated to
exceed
18 $50,000, sealed bids shall be solicited
by notice published once in
19 the Kansas register not less than 10
days before the date stated in
20 the notice for the opening of the bids.
The director of purchases
21 may waive this publication of notice
requirement when the direc-
22 tor determines that a more timely
procurement is in the best in-
23 terest of the state. The director of
purchases also may designate a
24 trade journal for the publication. The
director of purchases also
25 shall solicit such bids by sending
notices by mail to prospective
26 bidders and by posting the notice on a
public bulletin board for at
27 least 10 business days before the date
stated in the notice for the
28 opening of the bids unless otherwise
provided by law. All bids shall
29 be sealed when received and shall be
opened in public at the hour
30 stated in the notice.
31 [(2) The
director of purchases shall prepare a detailed report
32 at least once in each calendar quarter
of all instances in which the
33 director waived publication of the
notice of bid solicitations in the
34 Kansas register as provided in this
subsection. The director shall
35 submit the report to the legislative
coordinating council, the chair-
36 person of the committee on ways and
means of the senate, the
37 chairperson of the committee on
appropriations of the house of
38 representatives and the chairperson of
the Kansas performance
39 review board.
40 [(c) All
purchases estimated to exceed approximately $25,000
41 but not more than $50,000, shall be made
after receipt of sealed
42 bids following at least three days'
notice posted on a public bulletin
43 board.
10
1 [(d) All
purchases estimated to be more than $5,000, but less
2 than $25,000, may be made after
the receipt of three or more bid
3 solicitations by telephone,
telephone facsimile or sealed bid, fol-
4 lowing at least three days' notice
posted on a public bulletin board.
5 Such bids shall be recorded as
provided in subsection (e) of K.S.A.
6 75-3740, and
amendments thereto. Any purchase that is estimated
7 to be less than $5,000 may be
purchased under conditions and
8 procedures prescribed by the
director of purchases. Purchases
9 made in compliance with such
conditions and procedures shall be
10 exempt from other provisions of this
section.
11 [(e) With the
approval of the secretary of administration, the
12 director of purchases may delegate
authority to any state agency
13 to make purchases of less than $25,000
under certain prescribed
14 conditions and procedures. The director
of purchases shall pre-
15 pare a report at least once in each
calendar quarter of all current
16 and existing delegations of authority to
state agencies as provided
17 in this subsection. The director shall
submit the report to the leg-
18 islative coordinating council, the
chairperson of the committee on
19 ways and means of the senate, the
chairperson of the committee
20 on appropriations of the house of
representatives and the chair-
21 person of the Kansas performance review
board.
22 [(f) Subject
to the provisions of subsection (e), contracts and
23 purchases shall be based on
specifications approved by the direc-
24 tor of purchases. When deemed applicable
and feasible by the di-
25 rector of purchases, such specifications
shall include either energy
26 efficiency standards or appropriate life
cycle cost formulas, or
27 both, for all supplies, materials,
equipment and contractual serv-
28 ices to be purchased by the state. The
director of purchases may
29 reject a contract or purchase on the
basis that a product is manu-
30 factured or assembled outside the United
States. No such specifi-
31 cations shall be fixed in a manner to
effectively exclude any re-
32 sponsible bidder offering comparable
supplies, materials,
33 equipment or contractual
services.
34
[(g) Notwithstanding anything herein to the contrary, all
con-
35 tracts with independent construction
concerns for the construc-
36 tion, improvement, reconstruction and
maintenance of the state
37 highway system and the acquisition of
rights-of-way for state high-
38 way purposes shall be advertised and let
as now or hereafter pro-
39 vided by law.
40 [(h) The
director of purchases may authorize state agencies to
41 contract for services and materials with
other state agencies, or
42 with federal agencies, political
subdivisions of Kansas, agencies of
43 other states or subdivisions thereof, or
private nonprofit educa-
11
1 tional institutions, without
competitive bids.
2 [(i) The
director of purchases may participate in, sponsor, con-
3 duct, or administer a cooperative
purchasing agreement or con-
4 sortium for purchases of supplies,
materials, equipment, and con-
5 tractual services with federal
agencies or agencies of other states
6 or local units of government.
Cooperative purchasing agreements
7 entered into under this subsection
shall not be subject to K.S.A.
8 75-3739 through 75-3740a, and
amendments thereto. Nothing in
9 this subsection shall allow
federal grant moneys to be handled dif-
10 ferently from any other moneys of the
state unless the require-
11 ments of the applicable federal grant
specifically require such fed-
12 eral moneys to be handled
differently.
13 [(j) The
director of purchases may delegate authority to any
14 state agency to make purchases under
certain prescribed condi-
15 tions and procedures when the
acquisition is funded, in whole or
16 in part, from a grant. Purchases made in
compliance with such
17 conditions and procedures shall be
exempt from other provisions
18 of this section. As used in this
subsection the term ``grant'' means
19 a disbursement made from federal or
private funds, or a combi-
20 nation of these sources, to a state
agency.
21 [(k) The
director of purchases shall prepare a detailed report
22 at least once each calendar quarter of
all contracts for services,
23 supplies, materials or equipment entered
into pursuant to subsec-
24 tion (h), (i) or (j) and submit it to
the legislative coordinating coun-
25 cil, the chairperson of the committee on
ways and means of the
26 senate, the chairperson of the committee
on appropriations of the
27 house of representatives and the
chairperson of the Kansas per-
28 formance review board.
29 [(l) Except as
otherwise specifically provided by law, no state
30 agency shall enter into any lease of
real property without the prior
31 approval of the secretary of
administration. A state agency shall
32 submit to the secretary of
administration such information relating
33 to any proposed lease of real property
as the secretary may re-
34 quire. The secretary of administration
shall either approve, modify
35 and approve or reject any such proposed
lease.
36 [(m) The
director of purchases shall require all bidders on state
37 contracts to disclose all substantial
interests held by the bidder in
38 the state.
39
[(n) Notwithstanding anything herein to the contrary,
the final de-
40 termination and awarding of all
contracts for the providing of professional
41 services for state agencies, shall be
awarded in conformance with guide-
42 lines established pursuant to rules and
regulations adopted by the board
43 of directors of the Kansas development
finance authority and as provided
12
1 by K.S.A. 74-8904 and section 4,
and amendments thereto.
2 [Sec.
9. K.S.A. 75-3740 is hereby amended to read as
follows:
3 75-3740. (a) Except as provided by
K.S.A. 75-3740b, all contracts
4 and purchases made by or under the
supervision of the director of
5 purchases or any state agency for
which competitive bids are re-
6 quired shall be awarded to the
lowest responsible bidder, taking
7 into consideration conformity with
the specifications, terms of de-
8 livery, and other conditions
imposed in the call for bids.
9
[(b) Except as otherwise provided in subsection
(g), the director of
10 purchases shall have power to decide as
to the lowest responsible
11 bidder for all purchases, but
if:
12 [(1) The
dollar amount of the bid received from the lowest re-
13 sponsible bidder from within the state
is identical to the dollar
14 amount of the bid received from the
lowest responsible bidder
15 from without the state, the contract
shall be awarded to the bidder
16 from within the state;
17 [(2) in the
case of bids for paper products specified in K.S.A.
18 75-3740b, the dollar amounts of the bids
received from two or
19 more lowest responsible bidders are
identical, the contract shall
20 be awarded to the bidder whose bid is
for those paper products
21 containing the highest percentage of
recyclable materials; and
22 [(3) in the
case of bids for paper products specified in K.S.A.
23 75-3740b, and amendments
thereto, the dollar amounts of the bids
24 received from two or more lowest
responsible bidders are identi-
25 cal, the contract shall be awarded to
the bidder whose bid is for
26 those paper products containing the
highest percentage of recy-
27 cled materials.
28
[(c) Except as otherwise provided in subsection
(g), any or all bids
29 may be rejected, and a bid shall be
rejected if it contains any ma-
30 terial alteration or erasure. The
director of purchases may reject
31 the bid of any bidder who is in arrears
on taxes due the state, who
32 is not properly registered to collect
and remit taxes due the state
33 or who has failed to perform
satisfactorily on a previous contract
34 with the state. The secretary of revenue
is hereby authorized to
35 exchange such information with the
director of purchases as is nec-
36 essary to effectuate the preceding
sentence notwithstanding any
37 other provision of law prohibiting
disclosure of the contents of
38 taxpayer records or information. Prior
to determining the lowest
39 responsible bidder on contracts for
construction of buildings or
40 for major repairs or improvements to
buildings for state agencies,
41 the director of purchases shall
consider: (1) The criteria and in-
42 formation developed by the secretary of
administration, with the
43 advice of the state building advisory
commission to rate contrac-
13
1 tors on the basis of their
performance under similar contracts with
2 the state, local governmental
entities and private entities, in ad-
3 dition to other criteria and
information available, and (2) the rec-
4 ommendations of the project
architect, or, if there is no project
5 architect, the recommendations of
the secretary of administration
6 or the agency architect for the
project as provided in K.S.A. 75-
7 1254, and amendments thereto. In
any case where competitive
8 bids are required and where all
bids are rejected, new bids shall
9 be called for as in the first
instance, unless otherwise expressly
10 provided by law.
11 [(d) Before
the awarding of any contract for construction of a
12 building or the making of repairs or
improvements upon any build-
13 ing for a state agency, the director of
purchases shall receive writ-
14 ten approval from the state agency for
which the building con-
15 struction project has been approved,
that the bids generally
16 conform with the plans and
specifications prepared by the project
17 architect, by the secretary of
administration or by the agency ar-
18 chitect for the project, as the case may
be, so as to avoid error and
19 mistake on the part of the contractors.
In all cases where material
20 described in a contract can be obtained
from any state institution,
21 the director of purchases shall exclude
the same from the contract.
22 [(e) All bids
with the names of the bidders and the amounts
23 thereof, together with all documents
pertaining to the award of a
24 contract, shall be made a part of a file
or record and retained by
25 the director of purchases for five
years, unless reproduced as pro-
26 vided in K.S.A. 75-3737, and amendments
thereto, and shall be
27 open to public inspection at all
reasonable times.
28 [(f) As used
in this section and in K.S.A. 75-3741, and amend-
29 ments thereto, ``project architect''
shall have the meaning ascribed
30 thereto in K.S.A. 75-1251, and
amendments thereto.
31
[(g) The final determination and awarding of all
contracts for the
32 providing of professional services for
state agencies, shall be awarded in
33 conformance with guidelines established
pursuant to rules and regulations
34 adopted by the board of directors of the
Kansas development finance
35 authority and as provided in K.S.A.
74-8904 and section 4, and amend-
36 ments thereto.
37 [Sec.
10. K.S.A. 75-3784 is hereby amended to read as
follows:
38 75-3784. (a) Except as otherwise
provided in subsection (b), the secre-
39 tary of administration is hereby
authorized to contract for ancillary
40 technical services for any project for
the construction of a building
41 or for repairs or improvements to a
building for a state agency
42 which are not provided by any firm or
state agency providing ar-
43 chitectural services or engineering
services for the project. Such
14
1 ancillary technical services shall
include but not be limited to ge-
2 ology services and other soil or
subsurface investigation and test-
3 ing services, surveying, adjusting
and balancing of air condition-
4 ing, ventilating, heating and
other mechanical building systems,
5 testing and consultant services.
Such contract shall not be subject
6 to the provisions of K.S.A.
75-3739, and amendments thereto, or
7 to the provisions of the acts
contained in articles 54 or 58 of chap-
8 ter 75 of the Kansas Statutes
Annotated. Expenditures for such
9 ancillary technical services shall
be made from funds appropriated
10 for the project or available
therefor.
11
[(b) The final determination and awarding of all
contracts for the
12 providing of professional services for
state agencies shall be awarded in
13 conformance with guidelines established
pursuant to rules and regulations
14 adopted by the board of directors of the
Kansas development finance
15 authority and as provided in K.S.A.
74-8904 and section 4, and amend-
16 ments thereto.
17 [Sec.
11. K.S.A. 75-3799 is hereby amended to read as
follows:
18 75-3799. (a) Upon request of the chief
administrative officer of a
19 state agency and subject to the approval
of the secretary of ad-
20 ministration, the director of purchases
may convene a financial
21 services negotiating committee to obtain
financial services for the
22 state agency under this section.
23 [(b) Each
financial services negotiating committee shall be
24 composed of (1) the director of
purchases, or a person designated
25 by the director of purchases, (2) the
chief administrative officer of
26 the state agency needing financial
services, or a person designated
27 by the officer, and (3) the director of
accounts and reports, or a
28 person designated by the director of
accounts and reports.
29 [(c) The
financial services negotiating committee is authorized
30 to negotiate contracts with qualified
parties to provide financial
31 services, including services relating to
installment purchase, lease,
32 or lease-purchase of equipment or to
other financial related serv-
33 ices needed by the state agency.
34 [(d) Prior to
negotiating for financial services, the committee
35 shall advertise for proposals, negotiate
with one or more of the
36 firms submitting proposals and select
from among those submit-
37 ting such proposals the party to
contract with for the purpose of
38 providing financial services.
39 [(e) Contracts
entered into pursuant to this section for finan-
40 cial services shall not be subject to
the provisions of K.S.A. 75-3738
41 to through
75-3740a, inclusive, and any and
amendments thereto.
42
[(f) The provisions of this section shall not apply to
the awarding of
43 contracts for the providing of
professional services as defined by section
15
1 4, and amendments thereto.
2 [Sec.
12. K.S.A. 75-37,102 is hereby amended to read as fol-
3 lows: 75-37,102. (a) Upon request
of the chief administrative offi-
4 cer of a state agency and subject
to the approval of the secretary
5 of administration, the director of
purchases may convene a pro-
6 curement negotiating committee to
obtain services or technical
7 products for the state
agency.
8
[(b) Each procurement negotiating committee shall be
com-
9 posed of: (1) The director of
purchases, or a person designated by
10 the director; (2) the chief
administrative officer of the state agency
11 desiring to make the procurement, or a
person designated by the
12 officer; and (3) the secretary of
administration, or a person des-
13 ignated by the secretary.
14 [(c) The
negotiating committee is authorized to negotiate for
15 the procuring state agency contracts
with qualified parties to pro-
16 vide services or technical products
needed by the state agency.
17 [(d) Prior to
negotiating for the procurement, a notice to bid-
18 ders first shall be published in the
Kansas register. Upon receipt
19 of bids or proposals, the committee may
negotiate with one or
20 more of the firms submitting bids or
proposals and select from
21 among those submitting such bids or
proposals the party to con-
22 tract with to provide the services or
technical products.
23 [(e) Contracts
entered into pursuant to this section shall not be
24 subject to the provisions of K.S.A.
75-3738 through 75-3740a, and
25 amendments thereto. Meetings to conduct
negotiations pursuant
26 to this section shall not be subject to
the provisions of K.S.A. 75-
27 4317 through 75-4320a, and
amendments thereto. The director of
28 purchases shall submit a report at least
once in each calendar quar-
29 ter to the legislative coordinating
council and the chairpersons of
30 the senate committee on ways and means
and the house of rep-
31 resentatives committee on appropriations
of all contracts entered
32 into pursuant to this section. In the
event that the negotiating com-
33 mittee selects a bid which is not the
lowest bid on a given contract,
34 the directors report shall contain a
rationale explaining why the
35 lowest bidder was not awarded the
contract.
36 [(f) Nothing
in this section shall be construed as requiring ei-
37 ther negotiations pursuant to this
section or bids pursuant to K.S.A.
38 75-3739, and amendments
thereto, for the procurement of profes-
39 sional services or services for which,
in the judgment of the direc-
40 tor of purchases, meaningful
specifications cannot be determined.
41
[(g) The provisions of this section shall not apply to
the awarding of
42 contracts for the providing of
professional services as defined by section
43 4, and amendments thereto.
16
1 [Sec.
13. K.S.A. 75-430a is hereby amended to read as
follows:
2 75-430a. (a) Any state agency in
the executive branch of state gov-
3 ernment authorized by law to
negotiate for contracts for ancillary
4 technical
services relating to construction or remodeling
projects,
5 or architectural,
engineering, actuarial, auditing or accounting
services,
6 other than as an expert witness
for the purposes of litigation, shall
7 publish a notice of the
commencement of such negotiations in the
8 Kansas register at least 15 days
prior to the commencement of such
9 negotiations. The director of
purchases may require a state agency
10 to publish such a notice for any other
contract that will be
11 negotiated.
12 [This subsection
shall not apply to the acquisition of legal
services
13 by any state agency in the
executive branch, to emergency purchases
14 or services reported in accordance with
K.S.A. 75-3739, and
15 amendments thereto, or to
the acquisition of any services by any
16 state agency in the legislative or
judicial branches of state
17 government.
18 [This subsection
shall not apply to sales of property obtained
19 pursuant to the federal property and
administrative services act.
20 [(b) Any state
agency authorized to negotiate the sale of any
21 personal property of the state or a
state agency, other than to an-
22 other state agency, shall publish a
notice of the commencement of
23 such negotiations in the Kansas register
at least 15 days prior to
24 the commencement of such
negotiations.
25 [(c) Any state
agency authorized by law to enter into leases on
26 real property of the state or a state
agency for the production of
27 oil, natural gas, sand, gravel or any
other mineral, or combination
28 thereof, by competitive bids or other
procedures as authorized by
29 law, shall publish a notice of intention
to enter into a lease for such
30 mineral production in the Kansas
register at least 30 days prior to
31 the bid opening or the commencement of
such other procedure as
32 authorized by law.
33 [(d) Any state
agency authorized by law to lease or sell any real
34 property of the state or any state
agency or any interest in such
35 real property, other than to another
state agency or a political
36 subdivision, shall publish a notice of
intention to lease or sell state
37 real property at least 30 days prior to
commencement of bidding
38 or other procedure authorized by
law.
39 [Sec.
14. K.S.A. 75-1250 is hereby amended to read as
follows:
40 75-1250. The legislature hereby declares
it to be the policy of this
41 state to announce publicly all
requirements for architectural serv-
42 ices, and to
negotiate award contracts for
architectural services on
43 the basis of demonstrated competence and
qualification for the
17
1 type of professional services
required and at fair and reasonable
2 prices.
3 [Sec.
15. K.S.A. 75-1251 is hereby amended to read as
follows:
4 75-1251. As used in K.S.A. 75-1250
through 75-1267, and amend-
5 ments thereto, unless the context
otherwise requires:
6
[(a) ``Firm'' means such individual, firm, partnership,
corpo-
7 ration, association, or other
legal entity which is: (1) permitted by
8 law to practice the profession of
architecture; and (2) maintaining
9 an office in Kansas staffed by one
or more architects who are li-
10 censed by the board of technical
professions; or (3) not maintaining
11 an office in Kansas but which is
qualified to perform special ar-
12 chitectural services that are required
in special cases where in the
13 judgment of the secretary of
administration it is necessary to go
14 outside the state to obtain such
services.
15
[(b) ``Negotiating committee'' means a committee
to negotiate as pro-
16 vided in this act, and consisting
of (1) the head of the state agency for
17 which the proposed project is
planned or of the state agency which con-
18 trols and supervises the operation
and management of the institution for
19 which the proposed project is
planned, if such is the case, or a person
20 designated by the head of the
agency, (2) the head of the institution for
21 which the proposed project is
planned, or a person designated by the
22 head of the institution, and (3)
the director of the division of architectural
23 services, or a person designated by
the director, who shall act as chair-
24 person of the committee. When the
proposed project is not planned for
25 an institution, the state agency
head shall designate a second person in
26 lieu of the head of an
institution.
27
[(c) ``Architectural services'' means
those services described in sub-
28 section (e) of K.S.A. 74-7003,
and amendments thereto.
29
[(d) (c) ``Project architect''
means a firm employed under this
30 act for a particular project.
31
[(e) (d) ``State building
advisory commission'' means the state
32 building advisory commission created by
K.S.A. 75-3780, and
33 amendments thereto, or any duly
authorized officer or employee
34 of such commission.
35
[(f) (e) ``State agency''
includes any state institution.
36 [Sec.
16. K.S.A. 75-1253 is hereby amended to read as
follows:
37 75-1253. (a) Whenever it becomes
necessary in the judgment of
38 the secretary of administration
or in any case when the total cost of a
39 project for the
construction of a building or for major repairs or
40 improvements to a building for a state
agency is expected to exceed
41 $500,000, the secretary
of administration shall convene a
negotiating
42 committee. The state building
advisory commission shall prepare a list of
43 at least three and not more than
five firms which are, in the opinion of
18
1 the state building advisory
commission, qualified to serve as project ar-
2 chitect for the project. Such
list shall be submitted to the negotiating
3 committee, without any
recommendation of preference or other recom-
4 mendation. The secretary of
administration shall meet with each negoti-
5 ating committee and shall
advise the negotiating committee but shall have
6 no vote in the selection
process or other matter upon which the com-
7 mittee may vote
notify the director of purchases that bids should be so-
8 licited for the services of a
project architect for such project.
9 [(b) The
secretary of administration may combine two or more
10 separate projects for the construction
of buildings or for major
11 repairs or improvements to buildings for
state agencies, for the
12 purpose of procuring architectural
services for all such projects
13 from a single firm. In each case, the
combined projects shall be
14 construed to be a single project for all
purposes under the provi-
15 sions of K.S.A. 75-1250
to through 75-1267,
inclusive, and amend-
16 ments thereto.
17 [(c)
(1) This section shall not apply to any repetitive
project
18 with a standard plan that was originally
designed by the secretary
19 of administration or an agency architect
pursuant to paragraphs
20 (2) and (3) of subsection (a) of K.S.A.
75-1254, and amendments
21 thereto. In such a case, the secretary
of administration or the
22 agency architect may provide
architectural services for the repet-
23 itive project. The repetitive design
exception authorized by this
24 subsection shall not apply if the
in-house architectural design sec-
25 tion of the division of architectural
services has a staff of greater
26 than one chief architect and five
designers.
27
[(2) ``Repetitive project'' means a project which uses the
same
28 standard design as was used for a
project constructed previously,
29 including, but not limited to, sub-area
shops and salt domes of the
30 department of transportation and showers
and toilet buildings of
31 the department of wildlife and parks.
The plans for the project
32 may be modified as required for current
codes, operational needs
33 or cost control. The total floor area of
the project may be increased
34 by an area of not more than 25% of the
floor area of the originally
35 constructed project, except that not
more than 25% of the linear
36 feet of the exterior and interior walls
may be moved for such in-
37 crease. A project shall not be
considered to be repetitive if it has
38 been over four years between the
substantial completion of the
39 last project using the design plans and
the appropriation of funds
40 for the proposed project.
41 [Sec.
17. K.S.A. 75-1254 is hereby amended to read as
follows:
42 75-1254. (a) Whenever a
negotiating committee is not convened in
43 accordance with K.S.A. 75-1253 and
amendments thereto contract for
19
1 architectural services is not
proposed for a proposed any
project for the
2 construction of a building or for
major repairs or improvements
3 to a building for a state agency,
the secretary of administration
4 shall:
5
[(1) Conduct discussions with at least three
firms regarding the pro-
6 posed project, determine the
architectural services desired for such pro-
7 ject, and negotiate a
contract with one of such firms as project architect
8 for the desired architectural
services for all phases of the project which
9 are authorized by
appropriations therefor at a rate of compensation not
10 in excess of those specified in
K.S.A. 75-1263 and amendments thereto;
11
[(2) undertake to provide all or part of the
architectural services for
12 such project, including the
construction administration services as de-
13 scribed in K.S.A. 75-1260 and
amendments thereto; or
14
[(3) designate a qualified employee of the state
agency or in-
15 stitution for which the project is being
constructed, or of the state
16 agency which controls and supervises the
operation and manage-
17 ment of such institution, to provide all
or part of such services for
18 the project; for the purposes of
providing such architectural serv-
19 ices, such employee shall be known as
the agency architect for the
20 project.
21 [(b) The
employee of such agency designated as the agency
22 architect for the project shall be a
licensed architect under the
23 provisions of K.S.A. 74-7001
to through 74-7035,
inclusive, and
24 amendments thereto and shall be found by
the secretary of ad-
25 ministration to be qualified to perform
all of the architectural serv-
26 ices for the particular project,
including the construction admin-
27 istration services as described in
K.S.A. 75-1260, and amendments
28 thereto.
29 [(c) The
secretary of administration or the agency architect for
30 the project, as the case may be, shall
provide the preliminary de-
31 sign services, construction contract
documents, bidding services
32 and construction administration services
as described in K.S.A. 75-
33 1260, and amendments
thereto, for each phase of the project for
34 which no firm is employed as project
architect.
35 [Sec.
18. K.S.A. 75-1255 is hereby amended to read as
follows:
36 75-1255. A written description of the
scope or program of the pro-
37 ject shall be prepared by the head of
the state agency for which
38 the project is proposed and
submitted to the negotiating committee.
39 The negotiating committee may
approve the description as submitted or
40 may revise and amend or reject all
or any part of such description. The
41 description in the form approved by
the negotiating committee shall be
42 used in the negotiations between
the committee and qualified firms.
43 Such description shall be the basis for
the project development and
20
1 the project description shall
not be altered therefrom without the prior
2 approval of the negotiating
committee.
3 [Sec.
19. K.S.A. 75-1258 is hereby amended to read as
follows:
4 75-1258. (a) Each contract for
architectural services negotiated un-
5 der K.S.A. 75-1254 or
75-1257, and amendments thereto awarded,
shall
6 be entered into between the
secretary of administration and the
7 firm selected as the project
architect. Each such contract shall re-
8 quire the project architect to
submit evidence which is satisfactory
9 to the secretary of administration
that the firm has general pro-
10 fessional liability insurance or
specific professional liability insur-
11 ance which is adequate for the
project.
12 [(b) In
addition to the requirements in subsection (a), each
13 such contract for architectural services
shall specify the responsi-
14 bilities undertaken by the project
architect and that the project
15 architect shall be responsible for all
of such architect's negligent
16 acts, errors or omissions in the
performance of such contract.
17 [Sec.
20. K.S.A. 75-1265 is hereby amended to read as
follows:
18 75-1265. Whenever the
negotiating committee and the secretary
of
19 administration, with the advice of the
state building advisory com-
20 mission, agree with regard to a specific
project that the best inter-
21 ests of the state would be served,
the negotiating committee may enter
22 into a contract with
any qualified company or person for construc-
23 tion management services for such
project shall be awarded in con-
24 formance with guidelines established
pursuant to rules and regulations
25 adopted by the board of directors of the
Kansas development finance
26 authority and as provided in K.S.A.
74-8904 and section 4, and amend-
27 ments thereto. Such services may
include: Detail cost estimating,
28 critical path method scheduling and
monitoring, drafting contract
29 documents for necessary phasing and
grouping, drafting contracts
30 and change orders, full-time inspection
and checking and approv-
31 ing shop drawings, color schedules, and
materials. The fee for serv-
32 ices under this section shall
be negotiated by the negotiating commit-
33 tee but shall not
exceed one percent (1%) of the estimated cost of
34 the project, and such fees shall be in
addition to fees authorized
35 under K.S.A. 75-1263, and amendments
thereto.
36 [Sec.
21. K.S.A. 1999 Supp. 40-3410 is hereby amended to
37 read as follows: 40-3410. When the
insurer of a health care pro-
38 vider or inactive health care provider
covered by the fund has
39 agreed to settle its liability on a
claim against its insured or when
40 the self-insurer has agreed to settle
liability on a claim and the
41 claimant's demand is in an amount in
excess of such settlement, or
42 where a claim is against an inactive
health care provider covered
43 by the fund who does not have liability
insurance in effect which
21
1 is applicable to the claim, or
where it would otherwise be in the
2 best interest of the fund, the
claimant and the board of governors
3 may negotiate on an amount to be
paid from the fund. The board
4 of governors may
employ request that independent
counsel be em-
5 ployed to represent the
interest of the fund in any such negotia-
6 tions. All contracts for
the providing of such services shall be awarded in
7 conformance with guidelines
established pursuant to rules and regulations
8 adopted by the board of directors
of the Kansas development finance
9 authority and as provided in
K.S.A. 74-8904 and section 4, and amend-
10 ments thereto. In the event the
claimant and the board of governors
11 agree upon an amount the following
procedure shall be followed:
12 [(a) A
petition shall be filed by the claimant with the court in
13 which the action is pending against the
health care provider or the
14 inactive health care provider, or if
none is pending, in a court of
15 appropriate jurisdiction, for approval
of the agreement between
16 the claimant and the board of
governors.
17 [(b) The court
shall set such petition for hearing as soon as the
18 court's calendar permits, and notice of
the time, date and place of
19 hearing shall be given to the claimant,
the health care provider or
20 inactive health care provider, and to
the board of governors.
21 [(c) At such
hearing the court shall approve the proposed set-
22 tlement if the court finds it to be
valid, just and equitable.
23 [(d) In the
event the settlement is not approved, the procedure
24 set forth in K.S.A. 40-3411 and
amendments thereto shall be
25 followed.
26 [Sec.
22. K.S.A. 1999 Supp. 40-3411 is hereby amended to
27 read as follows: 40-3411. (a) In any
claim in which the insurer of a
28 health care provider or inactive health
care provider covered by
29 the fund has agreed to settle its
liability on a claim against its in-
30 sured or when the self-insurer has
agreed to settle liability on a
31 claim and the claimant's demand is in an
amount in excess of such
32 settlement, to which the board of
governors does not agree, or
33 where the claim is against an inactive
health care provider covered
34 by the fund who does not have liability
insurance in effect which
35 is applicable to the claim and the
claimant and board of governors
36 cannot agree upon a settlement, an
action must be commenced by
37 the claimant against the health care
provider or inactive health
38 care provider in a court of appropriate
jurisdiction for such dam-
39 ages as are reasonable in the premises.
If an action is already pend-
40 ing against the health care provider or
inactive health care pro-
41 vider, the pending action shall be
conducted in all respects as if
42 the insurer or self-insurer had not
agreed to settle.
43 [(b) Any such
action against a health care provider covered by
22
1 the fund or inactive health care
provider covered by the fund who
2 has liability insurance in effect
which is applicable to the claim
3 shall be defended by the insurer
or self-insurer in all respects as
4 if the insurer or self-insurer had
not agreed to settle its liability.
5 Notwithstanding any other
provision of law, the insurer or self-
6 insurer shall be reimbursed from
the fund for the costs of such
7 defense incurred after the
settlement agreement was reached, in-
8 cluding a reasonable attorney's
fee not to exceed the maximum
9 hourly rate established by the
board of governors. The board of
10 governors is authorized to
employ may request that independent
coun-
11 sel be employed in any
such action against a health care provider
12 or an inactive health care provider
covered by the fund. All con-
13 tracts for the providing of such
services shall be awarded in conformance
14 with guidelines established pursuant to
rules and regulations adopted by
15 the board of directors of the Kansas
development finance authority and
16 as provided in K.S.A. 74-8904 and
section 4, and amendments thereto. If
17 the primary carrier or self-insurer
determines that the policy limits
18 or the self-insured amount of basic
coverage should be tendered
19 to the fund in order to relieve itself
of further costs of defense, it
20 may do so in the manner specified by the
board of governors. In
21 the event of such a tender, the fund
shall become responsible for
22 the conduct of the defense. In
the event of such a tender, competitive
23 bids shall not be required and
the board of governors may employ
24 the attorney retained by the primary
carrier or self-insurer or ap-
25 point other counsel to represent such
health care provider. In any
26 event, the board of governors shall pay
attorneys' fees at a rate not
27 to exceed the maximum hourly rate
established by the board of
28 governors. Under such circumstances, the
fund shall have no lia-
29 bility for attorneys' fees to any
attorney not so appointed.
30 [(c) In any
such action the health care provider or the inactive
31 health care provider against whom claim
is made shall be obligated
32 to attend hearings and trials, as
necessary, and to give evidence.
33 [(d) The costs
of the action shall be assessed against the fund
34 if the recovery is in excess of the
amount offered by the board of
35 governors to settle the case and against
the claimant if the recovery
36 is less than such amount.
37 [Sec.
23. K.S.A. 1999 Supp. 44-566a is hereby amended to
38 read as follows: 44-566a. (a) There is
hereby created in the state
39 treasury the workers compensation fund.
The commissioner of in-
40 surance shall be responsible for
administering the workers com-
41 pensation fund, and all payments from
the workers compensation
42 fund shall be upon warrants of the
director of accounts and reports
43 issued pursuant to vouchers approved by
the commissioner of in-
23
1 surance or a person or persons
designated by the commissioner.
2 The commissioner of insurance
annually shall report to the gov-
3 ernor and the legislature the
receipts and disbursements from the
4 workers compensation fund during
the preceding fiscal year.
5 [(b)
(1) On June 1 of each year, the commissioner of
insurance
6 shall impose an assessment against
all insurance carriers, self-in-
7 surers and group-funded workers
compensation pools insuring the
8 payment of compensation under the
workers compensation act,
9 and the same shall be due and
payable to the commissioner on the
10 following July 1, the proceeds of which
shall be credited to the
11 workers compensation fund. The total
amount of each such as-
12 sessment shall be equal to an amount
sufficient, in the opinion of
13 the commissioner of insurance, to pay
all amounts, including at-
14 torney fees and costs, which may be
required to be paid from such
15 fund during the current fiscal year,
less the amount of the esti-
16 mated unencumbered balance in the
workers compensation fund
17 as of the June 30 immediately preceding
the date the assessment
18 is due and payable under this section.
The total amount of each
19 such assessment shall be apportioned
among those upon whom it
20 is imposed, such that each is assessed
an amount that bears the
21 same relation to such total assessment
as the amount of money paid
22 or payable in workers compensation
claims by such insurance car-
23 rier, self-insurer or group-funded
workers compensation pool in
24 the immediately preceding calendar year
bears to all such claims
25 paid or payable during such calendar
year. The commissioner of
26 insurance may establish experience-based
rates of assessments un-
27 der this subsection and make adjustments
in the assessments im-
28 posed under this subsection based on the
success of accident pre-
29 vention programs under K.S.A.
44-5,104, and amendments
30 thereto, and other
employer safety programs.
31 [(2) The
commissioner of insurance shall remit all moneys re-
32 ceived by or for such commissioner under
this subsection to the
33 state treasurer. Upon receipt of any
such remittance the state trea-
34 surer shall deposit the entire amount
thereof in the state treasury
35 to the credit of the workers
compensation fund.
36 [(c)
(1) Whenever the workers compensation fund may be
37 made liable for the payment of any
amounts in proceedings under
38 the workers compensation act, the
commissioner of insurance, in
39 the capacity of administrator of such
fund, shall be impleaded in
40 such proceedings and shall represent and
defend the workers com-
41 pensation fund. The commissioner of
insurance shall be deemed
42 impleaded in any such proceedings
whenever written notice of the
43 proceedings setting forth the nature of
the liability asserted
24
1 against the workers compensation
fund, is given to the commis-
2 sioner of insurance. The
commissioner of insurance may be made
3 a party in this manner by any
party to the proceedings. A copy of
4 the written notice shall be given
to the director and to all other
5 parties to the
proceedings.
6 [(2) The
administrative law judge shall dismiss the workers
7 compensation fund from any
proceeding where the administrative
8 law judge has determined that
there is insufficient evidence to
9 indicate involvement by the
workers compensation fund.
10 [(3) In any
case in which the workers compensation fund has
11 been impleaded by the employer or
insurance carrier and where
12 an award has been entered deciding all
of the issues in the em-
13 ployee's claim against the employer, but
not deciding the issues
14 between the employer and the fund, the
fund may file an appli-
15 cation with the administrative law judge
requesting that the fund
16 be dismissed from the case with
prejudice. The employer shall
17 have a period of six months from the
filing of the application in
18 which to complete the employer's
evidence on the fund issues and
19 submit the case to the administrative
law judge for decision. The
20 fund shall then have a period of 60 days
after the submission of
21 the employer's evidence to submit its
own evidence concerning the
22 fund issues in the case. If the employer
fails to do so, the admin-
23 istrative law judge shall dismiss the
fund from the case with prej-
24 udice on the judge's own motion.
25 [(d) The
commissioner of insurance, in the capacity of admin-
26 istrator of the workers compensation
fund, may make settlements
27 of any amounts which may be payable from
the workers compen-
28 sation fund with regard to any claim
under the workers compen-
29 sation act, subject to the approval of
the director.
30 [(e) The
workers compensation fund shall be liable for:
31 [(1) Payment
of awards to handicapped employees in accord-
32 ance with the provisions of K.S.A.
44-569, and amendments
33 thereto, for claims
arising prior to July 1, 1994;
34 [(2) payment
of workers compensation benefits to an employee
35 who is unable to receive such benefits
from such employee's em-
36 ployer under the conditions prescribed
by K.S.A. 44-532a, and
37 amendments thereto;
38
[(3) reimbursement of an employer or insurance carrier
pur-
39 suant to the provisions of K.S.A.
44-534a and amendments thereto,
40 subsection (d) of K.S.A. 44-556
and amendments thereto, subsection
41 (c) of K.S.A. 44-569 and
amendments thereto and K.S.A. 44-569a,
and
42 amendments thereto
to such sections;
43 [(4) payment
of the actual expenses of the commissioner of in-
25
1 surance which are incurred for
administering the workers com-
2 pensation fund, subject to the
provisions of appropriations acts;
3 and
4 [(5) any
other payments or disbursements provided by law.
5 [(f) If
it is determined that the workers compensation fund is
6 not liable as described in
subsection (e), attorney fees incurred by
7 the workers compensation fund may
be assessed against the party
8 who has impleaded the workers
compensation fund other than im-
9 pleadings pursuant to K.S.A.
44-532a, and amendments thereto.
10 [(g) The
commissioner of insurance shall provide for the im-
11 plementation of the workers compensation
fund as provided in this
12 section and shall be responsible for
ensuring the fund's adequacy
13 to meet and pay claims awarded against
it.
14
[(h) All contracts to provide any legal services for
the commissioner
15 of insurance in the administration of
the workers compensation fund shall
16 be submitted to competitive bid and the
contract shall be awarded in
17 conformance with guidelines established
pursuant to rules and regulations
18 adopted by the board of directors of the
Kansas development finance
19 authority and as provided in K.S.A.
74-8904 and section 4, and amend-
20 ments thereto.
21 [Sec.
24. K.S.A. 59-2006 is hereby amended to read as
follows:
22 59-2006. (a) A person's spouse and the
parents of a person who is
23 a minor shall be bound by law to support
the person if the person
24 is committed to, admitted to,
transferred to or received as a patient
25 at a state institution. Payment for the
maintenance, care and treat-
26 ment of any patient in a state
institution irrespective of the manner
27 of such patient's admission shall be
paid by the patient, by the
28 conservator of such patient's estate or
by any person bound by law
29 to support such patient. The secretary
of social and rehabilitation
30 services may recover the basic maximum
charge established as
31 provided for in subsection (a) of K.S.A.
59-2006b, and amendments
32 thereto, or the actual per patient costs
established as provided in
33 subsection (b) of K.S.A.
59-2006b, and amendments thereto, as
34 compensation for the maintenance, care
and treatment of a patient
35 from such patient when no legal
disability exists, or from the estate
36 of such patient or from any person bound
by law to support such
37 patient.
38 [(b) The
secretary of social and rehabilitation services shall pe-
39 riodically and not less than once during
each fiscal year make writ-
40 ten demand upon the patient or person
liable for the amount
41 claimed by the secretary to have accrued
since the last demand
42 was made, and no action shall be
commenced by the secretary
43 against such patient or such patient's
responsible relatives for the
26
1 recovery thereof unless such
action is commenced within three
2 years after the date of such
written demand. When any part of the
3 amount claimed to be due has been
paid or any acknowledgment
4 of an existing liability, debt or
claim, or any promise to pay the
5 same has been made by the obligor,
an action may be brought in
6 such case within three years after
such payment, acknowledgment
7 or promise, but such
acknowledgment or promise must be in writ-
8 ing signed by the party to be
charged thereby. If there are two or
9 more joint debtors, no one of whom
is entitled to act as the agent
10 of the others, no such joint debtor
shall lose the benefit of the
11 statute of limitations so as to be
chargeable by reason of any ack-
12 nowledgment, promise or payment made by
any other or others
13 of them, unless done with the knowledge
and consent of, or ratified
14 by, the joint debtor sought to be
charged. The secretary may ac-
15 cept voluntary payments from patients or
relatives or from any
16 source, even though the payments are in
excess of required
17 amounts and shall deposit the same as
provided by law.
18 [(c) The
secretary of social and rehabilitation services shall
19 have the power to compromise and settle
any claim due or claimed
20 to be due from such patient or such
patient's relatives who are
21 liable for the patient's care,
maintenance and treatment and upon
22 payment of a valuable consideration by
the patient or the persons
23 bound by law to support such patient,
may discharge and release
24 the patient or relative of any or all
past liability herein. Whenever
25 the secretary shall negotiate a
compromise agreement to settle any
26 claim due or claimed to be due from a
patient or such patient's
27 relatives responsible under this act to
support the patient, no ac-
28 tion shall thereafter be brought or
claim made for any amounts
29 due for the care, maintenance and
treatment of such patient in-
30 curred prior to the effective date of
the agreement entered into,
31 except for the amounts provided for in
the agreement if the pro-
32 visions of such compromise agreement are
faithfully performed.
33 In the event the terms and conditions of
such compromise agree-
34 ment are not complied with, such failure
to comply shall serve to
35 revive and reinstate the original amount
of the claim due before
36 negotiation of such compromise
agreement, less amounts paid on
37 the claim.
38 [(d) The
secretary of social and rehabilitation services may
re-
39 quest that a contract be
entered into with an attorney admitted to
40 practice in this state or with any debt
collection agency doing busi-
41 ness within or without this state to
assist in the collection of
42 amounts claimed to be due under the
provisions of this section.
43 The fee for services of such attorney or
debt collection agency shall
27
1 be based on the amount of moneys
actually collected. No fee shall
2 be in excess of 50% of the total
amount of moneys actually col-
3 lected. All funds collected less
the fee for services as provided in
4 the contract shall be remitted to
the secretary of social and reha-
5 bilitation services within 45 days
from the date of collection.
6 [Contracts
entered pursuant to this section, except as
otherwise
7 provided with regards to a
contract with an attorney, may be negotiated
8 by the secretary of social and
rehabilitation services and shall not
9 be subject to the competitive bid
requirements of K.S.A. 75-3739
10 through 75-3741, and
amendments thereto. Subject to the provisions
11 limiting the fee for services, each
contract with an attorney under
12 this section shall be entered into
pursuant to competitive bids and
13 the contract shall be awarded in
conformance with guidelines es-
14 tablished pursuant to rules and
regulations adopted by the board
15 of directors of the Kansas development
finance authority and as
16 provided in K.S.A. 74-8904 and section
4, and amendments
17 thereto.
18 [(e) Before
entering into a contract with a debt collection
19 agency under subsection (d), the
secretary of social and rehabili-
20 tation services shall require a bond
from the debt collection agency
21 in an amount not in excess of $100,000
guaranteeing compliance
22 with the terms of the contract.
23 [(f) A debt
collection agency entering into a contract with the
24 secretary of social and rehabilitation
services for the collection of
25 amounts claimed to be due under this
section shall agree that it is
26 receiving income from sources within the
state or doing business
27 in the state for purposes of the Kansas
income tax act.
28 [(g) As used
in this section, ``state institution'' has the meaning
29 provided by K.S.A. 59-2006b,
and amendments thereto.
30 [(h) When a
minor becomes a patient of a state institution, an
31 assignment of all past, present and
future support rights of the
32 minor which are possessed by either
parent or any other person
33 entitled to receive support payments for
the minor is conveyed by
34 operation of law to the secretary of
social and rehabilitation serv-
35 ices. The assignment of support rights
shall be effective upon the
36 minor's admission as a patient of any
state institution, regardless
37 of the manner of admission, without the
requirement that any writ-
38 ten assignment or similar document be
signed by the parent or
39 other person entitled to receive support
payments for the minor.
40 When a minor becomes a patient of a
state institution, the parent
41 or other person entitled to receive
support payments for the minor
42 is also deemed to have appointed the
secretary of social and re-
43 habilitation services or the secretary's
designee, as attorney in fact
28
1 to perform the specific act of
negotiating and endorsing all drafts,
2 checks, money orders or other
negotiable instruments represent-
3 ing support payments on behalf of
the minor. This limited power
4 of attorney shall remain in effect
until the assignment of support
5 rights has been terminated in
full. For any minor who is a patient
6 of a state institution on the
effective date of this act and whose
7 past, present and future support
rights are not assigned to the
8 secretary of social and
rehabilitation services, the assignment of
9 support rights and limited power
of attorney shall be effective on
10 the effective date of this act if notice
of the assignment is sent to
11 the person otherwise entitled to receive
support payments for the
12 minor.
13 [The assignment of
support rights provided in this section shall
14 remain in full force and effect until
the minor is no longer a patient
15 of a state institution. When the minor
is no longer a patient of a
16 state institution, the assignment shall
remain in effect as to unpaid
17 support obligations due and owing as of
the last day of the month
18 in which the minor ceases to be a
patient, until the claim of the
19 secretary of social and rehabilitation
services for the maintenance,
20 care and treatment of the minor is
satisfied. Nothing in this section
21 shall affect or limit the rights of the
secretary of social and reha-
22 bilitation services under any assignment
pursuant to K.S.A. 39-709,
23 and amendments thereto.
24 [Sec.
25. K.S.A. 66-1513 is hereby amended to read as
follows:
25 66-1513. (a) In accordance with the
provisions of subsection (b),
26 the state corporation commission is
hereby authorized to contract
27 for professional services, including but
not limited to the services
28 of engineers, accountants, attorneys and
economists, to assist in
29 investigations and appraisals under
K.S.A. 66-1502, and amend-
30 ments thereto, which assistance may
include preparation and pres-
31 entation of expert testimony, when the
expenses of such profes-
32 sional services are required to be
assessed under that statute
33 against the public utilities
involved.
34
[(b) Such contracts shall be negotiated by a
negotiating committee
35 composed of the following persons:
The general counsel of the state cor-
36 poration commission or the designee
of the general counsel; the director
37 of the budget or the designee of
the director; the director of accounts
38 and reports or the designee of the
director; and the director of the ap-
39 propriate division of the state
corporation commission, as determined and
40 designated by the chairperson of
the state corporation commission, or the
41 designee of the director. When a
contract authorized under subsection
42 (a) is proposed to be entered into,
the general counsel of the state cor-
43 poration commission or the designee
of the general counsel shall convene
29
1 the negotiating committee.
The negotiating committee shall consider all
2 proposals by persons applying
to perform such contract and shall award
3 the contract. All
contracts for the providing of professional services, as
4 defined by section 4, and
amendments thereto, shall be submitted to com-
5 petitive bid and the contract
shall be awarded in conformance with guide-
6 lines established pursuant to
rules and regulations adopted by the board
7 of directors of the Kansas
development finance authority and as provided
8 in K.S.A. 74-8904 and section 4,
and amendments thereto.
9
[(c) Except as otherwise provided in subsection
(b), such contracts
10 shall not be subject to the provisions
of K.S.A. 75-3739, and amend-
11 ments thereto, or to the provisions of
the acts contained in article
12 58 of chapter 75 of the Kansas Statutes
Annotated.
13 [(d) As used
in this section, ``person'' means an individual, firm,
14 partnership, corporation, association or
other legal entity.
15 [Sec.
26. K.S.A. 75-5310a is hereby amended to read as fol-
16 lows: 75-5310a. The secretary of social
and rehabilitation services
17 is hereby authorized to contract for the
services of persons to assist
18 in the preparation of expert testimony
for litigation and to act as
19 expert witnesses in litigation. Any such
contracts, other than con-
20 tracts for professional services as
defined by section 4, and amendments
21 thereto, shall be exempt from the
competitive bid requirements of
22 K.S.A. 75-3739, and amendments
thereto. All contracts for the pro-
23 viding of professional services, as
defined by section 4, and amendments
24 thereto, shall be submitted to
competitive bids and the contract shall be
25 awarded in conformance with guidelines
established pursuant to rules and
26 regulations adopted by the board of
directors of the Kansas development
27 finance authority and as provided in
K.S.A. 74-8904 and section 4, and
28 amendments thereto.
29 [Sec.
27. K.S.A. 1999 Supp. 76-745 is hereby amended to read
30 as follows: 76-745. (a) As used in this
section ``negotiating commit-
31 tee'' means a committee to negotiate as
provided in this act, and
32 consisting of the executive officer of
the state board of regents or
33 a person designated by the executive
officer, two representatives
34 of the state educational institutions as
designated by the state
35 board of regents and the director of
purchases or a person desig-
36 nated by the director of
purchases.
37 [(b) The state
board of regents shall convene a negotiating
38 committee to obtain collection services.
The negotiating commit-
39 tee is authorized to negotiate contracts
with one or more qualified
40 parties to provide collection services
for the state educational in-
41 stitutions and such contracts may be
entered on a multi-year basis.
42 [(c) Prior to
negotiating for collection services, the committee
43 shall advertise for proposals, negotiate
with firms submitting pro-
30
1 posals and select among those
submitting such proposals the party
2 or parties to contract with for
the purposes of collection services.
3
[(d) Except as otherwise provided in subsection
(e), contracts en-
4 tered into pursuant to this
section shall not be subject to the pro-
5 visions of K.S.A. 75-3738
to through 75-3740a,
inclusive, and amend-
6 ments thereto.
7
[(e) All contracts for the providing of professional
services, as defined
8 by section 4, and amendments
thereto, shall be submitted to competitive
9 bid and the contract awarded in
conformance with guidelines established
10 pursuant to rules and regulations
adopted by the board of directors of the
11 Kansas development finance authority and
as provided in K.S.A. 74-8904
12 and section 4, and amendments
thereto.
13 [Sec.
28. K.S.A. 75-5801 is hereby amended to read as
follows:
14 75-5801. The legislature hereby declares
it to be the policy of this
15 state to publicly announce all
requirements for engineering serv-
16 ices, and to
negotiate award contracts for
engineering services on
17 the basis of demonstrated competence and
qualification for the
18 type of professional services required
and at fair and reasonable
19 fees.
20 [Sec.
29. K.S.A. 75-5802 is hereby amended to read as
follows:
21 75-5802. As used in this act unless the
context specifically requires
22 otherwise:
23 [(a) ``Firm''
means any individual, firm, partnership, corpora-
24 tion, association, or other legal entity
permitted by law to practice
25 the profession of engineering and
provide engineering services or
26 practice the profession of land
surveying and provide land survey-
27 ing services.
28
[(b) ``Engineering services'' means those services described
in
29 subsection (i) of K.S.A.
74-7003, and amendments thereto.
30 [(c) ``Land
surveying'' means those services described in sub-
31 section (j) of K.S.A. 74-7003, and
amendments thereto.
32 [(d) ``Agency
head'' means the chief administrative officer of a
33 state agency, as that term is defined in
subsection (3) of K.S.A. 75-
34 3701, and amendments
thereto, but shall not include the chief ad-
35 ministrative officer of any state
institution.
36
[(e) ``Negotiating committee'' means a committee
designated to ne-
37 gotiate as provided in this act,
and consisting of (1) the agency head of
38 the state agency for which the
proposed project is planned, or a person
39 designated by such agency head, (2)
the secretary of administration, or a
40 person designated by said
secretary, and (3) the chief administrative of-
41 ficer of the state institution for
which the proposed project is planned, or
42 when the proposed project is not
planned for a state institution, the
43 agency head shall designate a
second person in lieu of the chief admin-
31
1 istrative officer of a state
institution.
2
[(f) ``Project'' means any capital
improvement project or any
3 study, plan, survey or program
activity of a state agency, including
4 development of new or existing
programs and preparation of fed-
5 eral grant applications.
6
[(g) (f) ``State building
advisory commission'' means the state
7 building advisory commission
created by K.S.A. 75-3780, and
8 amendments thereto, or any duly
authorized officer or employee
9 of such commission.
10 [Sec.
30. K.S.A. 75-5803 is hereby amended to read as
follows:
11 75-5803. (a) In the procurement of
engineering or land surveying
12 services, each agency head which
utilizes engineering or land sur-
13 veying services shall encourage firms
engaged in the lawful prac-
14 tice of their profession to annually
submit a statement of qualifi-
15 cations and performance data to the
agency head and to the state
16 building advisory commission. The agency
head shall thereafter
17 cause to be prepared annually a list of
firms qualified, based upon
18 criteria established and published by
such agency head, to provide
19 such engineering or land surveying
services.
20
[(b) Except as otherwise provided in subsection
(c), when a project
21 requiring engineering or land
surveying services is proposed for a state
22 agency, the agency head for such
state agency shall evaluate current state-
23 ments of qualifications and
performance data on file with the agency
24 head, together with those that may
be submitted by other firms regarding
25 the proposed project. The agency
head may establish time frames for the
26 receipt of qualifications
statements and performance data from any firm
27 wishing to be considered for the
proposed project. The agency head shall
28 conduct discussions with not less
than three firms regarding anticipated
29 concepts and the relative utility
of alternative methods of approach for
30 furnishing the required engineering
or land surveying services and then
31 such agency head shall select from
among all such firms, on a rotational
32 basis, the firm to perform the
engineering or land surveying services,
33 unless such firm refuses to provide
such engineering or land surveying
34 services.
35
[(c) (b) In any case where a
project requiring engineering or
36 land surveying services is proposed
which concerns the construc-
37 tion of any building or facility or any
major repairs or improve-
38 ments to any building or facility,
including in any case but not
39 limited to any heating, cooling or power
facility, for a state agency
40 and a negotiating committee is not
convened under K.S.A. 75-5804 and
41 amendments thereto, the
agency head of the state agency shall notify
42 the state building advisory
commission and shall request a list of director
43 of purchases that it is the desire of
the agency that contracts be entered
32
1 into with firms qualified
to provide the engineering or land sur-
2 veying services for such
project. Upon receipt of any such request,
3 the state building advisory
commission shall evaluate the current state-
4 ments of qualifications and
performance data on file, together with those
5 statements that may be
submitted by other firms, regarding the proposed
6 project and other information
developed and available to the state build-
7 ing advisory commission, and
shall prepare a list of at least three and not
8 more than five firms which,
in the opinion of the state building advisory
9 commission, are qualified to
furnish the engineering or land surveying
10 services for the proposed project.
Each such list shall be submitted to the
11 agency head without any
recommendation of preference or other rec-
12 ommendation. The agency head shall
conduct discussions with the firms
13 listed and shall select the firm to
perform the engineering or land sur-
14 veying services, all in the manner
provided in subsection (b). If the agency
15 head is unable to enter into a
contract for the necessary engineering or
16 land surveying services with any
firm so listed, the agency head shall
17 request the state building advisory
commission to prepare and submit
18 another list of firms qualified to
provide such engineering or land sur-
19 veying services and shall proceed
in accordance with this subsection. The
20 secretary of administration shall
provide to the agency head such infor-
21 mation, advice and assistance as
may be requested by the agency head
22 regarding the selection of a firm
to provide engineering or land surveying
23 services for such projects,
including all information and evaluations re-
24 garding the listed firms gathered
and developed under K.S.A. 75-3783,
25 and amendments
thereto.
26 [Sec.
31. K.S.A. 75-5804 is hereby amended to read as
follows:
27 75-5804. (a)
Whenever it becomes necessary in the judgment of
28 the agency head of a state agency for
which a project is proposed
29 and, in any case where the total
cost of such a proposed project is expected
30 to exceed $250,000, the
agency head shall convene a negotiating
com-
31 mittee. Except as otherwise
provided in subsection (b), the agency head
32 shall submit the list of at least
three and not more than five of the most
33 highly qualified firms to the
negotiating committee so convened, without
34 any recommendation of preference or
other recommendation.
35
[(b) Whenever a negotiating committee is
convened under this sec-
36 tion for a proposed project
requiring engineering or land surveying serv-
37 ices which concerns the
construction of any building or facility or any
38 major repairs or improvements to
any building or facility, including but
39 not limited, to any heating,
cooling or power facility, for a state agency,
40 the agency head for the state
agency shall notify the state building advisory
41 commission of the project and shall
request a list of firms qualified to
42 provide notify the
director of purchases that it is the desire of the agency
43 that a contract be awarded for the
purpose of providing the engineering
33
1 or land surveying services for the
proposed project. Upon receipt
2 of any such request the state
building advisory commission shall evaluate
3 the current statements of
qualifications and performance data on file,
4 together with those
statements that may be submitted by other firms
5 regarding the proposed
project and other information developed and
6 available to the state
building advisory commission. The commission shall
7 prepare a list of at least
three and not more than five firms which, in the
8 opinion of the state building
advisory commission, are qualified to furnish
9 the engineering or land
surveying services for the proposed project. Each
10 such list shall be submitted to the
negotiating committee so convened
11 without any recommendation of
preference or other recommendation.
12 [Sec.
32. K.S.A. 1999 Supp. 10-106 is hereby amended to read
13 as follows: 10-106.
(a) Municipal bonds shall be sold at public
sale
14 as follows: The officers having charge
of the sale of the bonds shall
15 publish a notice of the sale one time in
a newspaper having general
16 circulation in the county where the
bonds are issued and in the
17 Kansas register. Such notices shall be
published not less than six
18 days nor more than 30 days before the
sale and shall contain the
19 following information: (1)
Except as provided by subsection (b),
The
20 date, time and place at which
a public auction will be held or at which
21 written sealed bids will be received and
considered for the sale of
22 the bonds for cash at such price as the
municipality may accept;
23 (2) the date of issue, total par value
and denomination of the bonds
24 being sold; (3) the dates and amounts of
maturities of the bond
25 issues; (4) the dates on which interest
on the bonds shall become
26 due and payable; (5) the place or places
where and the approxi-
27 mate date on which the bonds being sold
will be delivered to the
28 purchaser; (6) a statement that a good
faith deposit in the form of
29 a certified or cashier's check or surety
bond in the amount of 2%
30 of the total par value of the bonds
being sold shall accompany each
31 bid or in the case of public sale at
auction the same shall be fur-
32 nished by each bidder; (7) a statement
disclosing whether or not
33 the purchaser of the bonds will be
required to pay for the printing
34 thereof and whether or not and to what
extent the purchaser of
35 the bonds will be required to pay the
expense of legal services
36 rendered to the municipality in
connection with the issuance of
37 the bonds including the fees of
recognized bond counsel for an
38 opinion as to legality of issuance; (8)
the assessed valuation of the
39 municipality; and (9) the total bonded
indebtedness of the munic-
40 ipality as of the date on which the
bonds being sold are dated
41 including the bonds submitted for bid.
The rate of interest may be
42 omitted in advertising and the bidders
requested to specify the
43 lowest interest rate or rates on the
bonds at which they will pay
34
1 the purchase price.
2
[If All municipal bonds shall be
sold at public sale with sealed
bids,.
3 All purchasers shall submit
their bids in writing, sealed, for all or
4 any part of the bonds, and each
bid shall be accompanied by a
5 certified or cashier's check or
surety bond for 2% of the total
6 amount of the bid. In case any
purchaser, whose bid is accepted,
7 fails to carry out the contract,
the deposit shall be forfeited to the
8 municipality issuing the bonds.
Sealed bids shall be opened pub-
9 licly and only at the time and
place specified in the notice. At the
10 time and place specified, the bonds
shall be sold to the highest and
11 best bidder or bidders, and the bonds
may be allotted among the
12 bidders, however, any or all bids may be
rejected. No contract for
13 the sale of the bonds shall be made
except on bids submitted as
14 provided in this section. No bonds shall
be delivered to any pur-
15 chaser until the amount of the bid is
placed in the hands of the
16 officer in charge of the sale. The
provisions of this section relating
17 to the public sale of bonds shall not
apply to bonds secured solely
18 and only by revenues, bonds sold,
pursuant to written agreement,
19 to the government of the United States
of America or any bureau,
20 department, instrumentality or agency
thereof, bonds issued pur-
21 suant to K.S.A. 10-427
et seq., and amendments thereto,
and all bonds of
22 the same series or which are issued
simultaneously with such bonds and
23 bond sales where the total amount
of the issue does not exceed $100,000.
24 In such cases, the bonds may be sold at
public or private sale as
25 the officers having charge of the sale
of such bonds determine.
26 The practice of providing more than one
issue within a twelve-
27 month period for any one project is
prohibited unless the project
28 engineer or architect certifies that it
is necessary to do so for the
29 orderly construction progress of the
project.
30
[(b) As an alternative to providing notice of the
date, time and place
31 of public auction or receipt of
bids provided by subsection (a)(1), the
32 officers having charge of a bond
sale may establish a time period of not
33 less than seven nor more than 30
days during which such bonds would
34 be sold. Notice of such sale period
shall be published one time in a news-
35 paper having general circulation in
the county where the bonds are issued
36 and in the Kansas register and
shall be published not less than six days
37 nor more than 30 days before the
beginning date of the sale period. The
38 notice shall contain the
information specified in subsection (a) except that
39 in place of the time and date of
sale, the notice shall specify the time
40 period during which the bonds would
be sold and the manner in which
41 persons interested in submitting a
bid may register for notice of the bond
42 sale. At least three business days
prior to the time and date of the bond
43 sale, the officers having charge of
the sale shall give notice to all persons
35
1 having registered for notice
of the bond sale, and bids shall be submitted
2 and received and the sale
made in the manner provided in subsection (a).
3 [Sec.
33. K.S.A. 10-116a is hereby amended to read as
follows:
4 10-116a. Any municipal or
quasi-municipal corporation which has
5 issued or may hereafter issue
revenue bonds under the laws of the
6 state of Kansas, may issue,
without an election, revenue bonds pur-
7 suant to the provisions of this
section to refund any revenue bond
8 issue or issues, or part thereof,
any interest on such bonds or both
9 such bonds and interest. The
principal amount of any issue of re-
10 funding revenue bonds shall not exceed
the aggregate amount of:
11 (a) The principal amount of the revenue
bonds or interest being
12 refunded; (b) the amount of any interest
which has accrued
13 thereon or interest that will accrue to
the date of payment of the
14 bonds being refunded; (c) the amount of
any premium required to
15 be paid should the bonds be called for
redemption and payment;
16 (d) expenses of the municipal or
quasi-municipal corporation
17 deemed by the governing body to be
necessary for the issuance of
18 the refunding bonds; and (e) expenses
incident to the payment of
19 the bonds being refunded. The refunding
revenue bonds may be
20 sold or exchanged for the
bonds being refunded either as a whole or
21 in installments at any time or times,
either at, before, or after the
22 maturity of the bonds being
refunded. All such bonds shall be sold at
23 public sale upon the basis of
competitive bids. Notice of such sale and the
24 conditions and procedures for the
receipt and acceptance of bids, shall be
25 made in the manner prescribed for the
sale of municipal bonds pursuant
26 to K.S.A. 10-106, and amendments
thereto, insofar as the same is appli-
27 cable. If the refunding revenue
bonds are sold more than six
28 months prior to the maturity or earliest
prior redemption date of
29 the bonds being refunded, the proceeds
derived from the sale,
30 together with any other moneys on hand,
shall be placed in escrow
31 under a trust agreement with a Kansas
bank having full trust pow-
32 ers. The proceeds and moneys shall be
invested in direct obliga-
33 tions of, or obligations the principal
of and the interest on which
34 are unconditionally guaranteed by, the
United States of America
35 or municipal obligations which are
secured by direct obligations
36 of the United States of America, and
which shall mature or be
37 subject to redemption by the holders
thereof not later than the
38 respective dates when the proceeds of
the obligations together
39 with the interest accruing thereon and
any other moneys or in-
40 vestments held in escrow will be
required for the purposes in-
41 tended. The trust agreement shall pledge
or assign the moneys and
42 investments held in trust for the
payment of the principal of the
43 revenue bonds being refunded and may
pledge or assign the mon-
36
1 eys and investments held in trust
for the payment of the interest
2 on the revenue bonds being
refunded and any redemption pre-
3 mium thereon. The trust agreement
may pledge or assign any of
4 the obligations or other moneys or
investments, or interest accru-
5 ing thereon, held in trust, which
are in excess of the amount of the
6 obligations and other moneys and
investments held which is equal
7 to the amount of the principal of
the bonds to be refunded which
8 comes due on the date for which
the bonds may have been called
9 for redemption or irrevocable
instructions to call bonds for re-
10 demption have been given and any
redemption premium thereon,
11 for the payment of the principal of and
interest on any or all of the
12 refunding revenue bonds and any
redemption premium thereon,
13 and shall contain provisions for
protecting and enforcing the rights
14 and remedies of the holders of the
revenue bonds. The refunding
15 revenue bonds issued pursuant to this
section shall not be general
16 obligations of the municipal or
quasi-municipal corporation, ex-
17 cept as herein provided, and insofar as
the same may be made
18 applicable the issuance of the refunding
revenue bonds, the se-
19 curity thereof, and the rights, duties
and obligations of the munic-
20 ipal or quasi-municipal corporation in
respect thereof, shall be
21 governed by the laws governing such
matters with respect to the
22 bonds being refunded and all other laws
generally applicable to
23 revenue bonds issued in this state by
the municipal or quasi-mu-
24 nicipal corporation.
25 [Sec.
34. K.S.A. 10-427a is hereby amended to read as
follows:
26 10-427a. (a) Refunding bonds issued
under the authority of K.S.A.
27 10-427, and amendments thereto, may be
sold or exchanged for the
28 bonds being refunded
either as a whole or in installments at any time
29 either at, before or after the maturity
of the bonds being refunded.
30 All such bonds shall be sold at public
sale upon the basis of competitive
31 bids. Notice of such sale and the
conditions and procedures for the receipt
32 and acceptance of bids shall be made in
the manner prescribed for the
33 sale of municipal bonds pursuant to
K.S.A. 10-106, and amendments
34 thereto, insofar as the same is
applicable. Such bonds shall be exempt
35 from statutory limitations of bonded
indebtedness and shall not be
36 included in computing the total bonded
indebtedness of the mu-
37 nicipality for the purpose of applying
any statute limiting the
38 bonded indebtedness of the
municipality.
39 [(b) If
refunding bonds are sold more than six months prior to
40 the maturity or earliest prior
redemption date of the bonds being
41 refunded, the proceeds derived from the
sale, together with any
42 other moneys on hand, shall be placed in
escrow under a trust
43 agreement with a Kansas bank having full
trust powers. The pro-
37
1 ceeds and moneys shall be invested
in direct obligations of, or ob-
2 ligations the principal of and the
interest on which are uncondi-
3 tionally guaranteed by, the United
States of America or municipal
4 obligations which are secured by
direct obligations of the United
5 States of America, and which shall
mature or be subject to re-
6 demption by the holders thereof
not later than the respective dates
7 when the proceeds of the
obligations together with the interest
8 accruing thereon and any other
moneys or investments held in
9 escrow will be required for the
purposes intended. The trust
10 agreement shall pledge or assign the
moneys and investments held
11 in trust for the payment of the
principal of the bonds being re-
12 funded and may pledge or assign the
moneys and investments held
13 in trust for the payment of the interest
on the bonds being re-
14 funded and any redemption premium
thereon. The trust agree-
15 ment may pledge or assign any of the
obligations or other moneys
16 or investments, or interest accruing
thereon, held in trust, which
17 are in excess of the amount of the
obligations and other moneys
18 and investments held which is equal to
the amount of the principal
19 of the bonds to be refunded which comes
due on the date for which
20 the bonds may have been called for
redemption or irrevocable
21 instructions to call bonds for
redemption have been given and any
22 redemption premium thereon, for the
payment of the principal of
23 and interest on any or all of the
refunding bonds and any redemp-
24 tion premium thereon, and shall contain
provisions for protecting
25 and enforcing the rights and remedies of
the holders of the bonds.
26 [Sec.
35. K.S.A. 10-1202 is hereby amended to read as
follows:
27 10-1202. (a) Any municipality authorized
by the laws of the state
28 of Kansas to issue general obligation
bonds for the acquisition,
29 construction, reconstruction,
alteration, repair, improvement, ex-
30 tension or enlargement of any utility is
hereby empowered to issue
31 and sell revenue bonds in payment of the
cost of such utility or
32 improvements, to fix by ordinance or
resolution such rates, fees
33 and charges for the use thereof or
services therefrom as may be
34 reasonable and necessary and to provide
for the manner of col-
35 lecting and disbursing such revenues
subject to the limitations
36 hereinafter contained. All such
bonds shall be sold at public sale upon
37 the basis of competitive bids. Notice of
such sale and the conditions and
38 procedures for the receipt and
acceptance of bids shall be made in the
39 manner prescribed for the sale of
municipal bonds pursuant to K.S.A. 10-
40 106, and amendments thereto, insofar as
the same is applicable. If any
41 city of the first class shall have
issued temporary notes for water-
42 works improvements contemplating the
issuance of general obli-
43 gation bonds, said general obligation
bonds having been author-
38
1 ized by the vote of a majority of
the qualified electors of such city
2 voting on the proposition at an
election called and held for that
3 purpose, such city may fund such
temporary notes by the issuance
4 of revenue bonds under the terms
of this act without again sub-
5 mitting any proposition to the
electors of such city. Any city which
6 has issued revenue bonds under the
terms of this act may there-
7 after issue additional revenue
bonds for improvements, enlarge-
8 ments, extensions or additions to
any utility system and provide
9 that, on such conditions as may be
specified by the governing body
10 of the city, such later bonds shall be
on a parity as to the revenues
11 of such utility and in all other
respects with revenue bonds previ-
12 ously issued against such utility under
the terms of this act.
13 [(b) Any city
of the first class owning and operating a municipal
14 electric utility, which is located in a
county having a population of
15 more than twenty thousand
(20,000) 20,000 and not more than
thirty
16 thousand (30,000)
30,000 and an assessed tangible valuation of more
17 than one hundred thirty-five
million dollars ($135,000,000)
18 $135,000,000, is hereby
authorized to join with any privately owned
19 electric utility in the construction of
an additional electric gener-
20 ating facility and to issue revenue
bonds under the authority of
21 this section and the act of which this
section is amendatory to pay
22 the city's share of the cost thereof.
Such city is hereby authorized
23 to enter into any contracts or
agreements with such private electric
24 utility which are necessary for the
construction of such generating
25 facility and for the purchase by the
city of electric energy produced
26 by such facility. The principal of, and
the interest upon, all revenue
27 bonds issued under the authority of this
subsection shall be paid
28 from available revenues derived from the
operation of the city's
29 municipal electric utility and available
revenues derived from the
30 operation of such additional electric
generating facility.
31 [Sec.
36. K.S.A. 10-1211 is hereby amended to read as
follows:
32 10-1211. Any municipality governed by
the provisions of this act
33 having issued revenue bonds under this
act or any previous au-
34 thority may,
from time to time, may issue revenue bonds
pursuant
35 to the provisions of this act to refund
any previous issue or part
36 thereof of its outstanding revenue
bonds. Such refunding revenue
37 bonds shall be issued and
sold in the manner prescribed by and
38 subject to the provisions of K.S.A.
10-116a, and amendments thereto.
39 In addition, any such municipality
may, from time to time, may
40 issue general obligation bonds, under
the provisions of the general
41 bond law, to refund any previous issue
or part thereof of its out-
42 standing revenue bonds, including the
principal amount thereof
43 and all accrued outstanding interest
thereon, if such revenue
39
1 bonds are callable in accordance
with their terms or the holders
2 thereof are willing to surrender
them to the municipality. Such
3 general obligation bonds shall not
be issued until a resolution
4 adopted by the governing body of
the municipality stating the pur-
5 pose for which such bonds are to
be issued, the total amount of
6 the bonds proposed to be issued,
and the total cost to the city of
7 the refunding project,
shall be is published at
least once each week
8 for two consecutive weeks in the
official newspaper of such mu-
9 nicipality. After publication,
such bonds may be issued unless a
10 petition requesting an election on the
proposition, signed by elec-
11 tors equal in number to not less than 5%
of the electors of the
12 municipality who voted for the office of
secretary of state at the
13 last preceding general election of such
office, is filed with the clerk
14 of such municipality within 20 days
following the last publication
15 of such resolution. If such a petition
is filed, the governing body
16 of the municipality shall submit the
proposition to the voters at an
17 election called for such purpose and
held within 90 days after the
18 last publication of the resolution, and
no bonds shall be issued
19 unless such proposition
shall receive receives the approval of a
ma-
20 jority of the votes cast thereon. Such
election shall be called and
21 held in the manner provided by the
general bond law. No such
22 general obligation bonds shall be issued
unless: (a) The total cost
23 to the municipality on the general
obligation bonds shall amount to
24 is less than the remaining
interest cost to the municipality on the
25 outstanding revenue bonds being
refunded; (b) the anticipated
26 revenues from the utility system
involved are expected to be suf-
27 ficient to retire such general
obligation bonds; and (c) the refund-
28 ing is necessary to accomplish a
comprehensive and orderly fi-
29 nancing plan for the utility
system.
30 [New Sec.
37. The awarding of all contracts for the providing
31 of professional services for
municipalities involved in the issuance
32 of general obligation and revenue bonds,
including but not limited
33 to, the preparation of transcripts, the
employment of bond counsel
34 and financial services and bond
underwriting shall be awarded in
35 conformance with guidelines established
pursuant to rules and
36 regulations adopted by the board of
directors of the Kansas de-
37 velopment finance authority as provided
in K.S.A. 74-8904 and sec-
38 tion 4, and amendments thereto.
39 [New Sec.
38. (a) All bonds, as defined by K.S.A. 74-8902, and
40 amendments thereto, which are issued by
any agency of the state,
41 any body politic and corporate or any
other entity created by any
42 law of the state, shall be sold at
public sale upon the basis of com-
43 petitive bids, in conformance with
guidelines established pursuant
40
1 to rules and regulations adopted
by the board of directors of the
2 Kansas development finance
authority as provided in K.S.A. 74-
3 8904, and amendments
thereto.
4 [(b) The
awarding of all contracts for the providing of profes-
5 sional services for any agency of
the state, any body politic and
6 corporate or any other entity
created by any law of the state, in-
7 volved in the issuance of general
obligation and revenue bonds,
8 including but not limited to, the
preparation of transcripts, the
9 employment of bond counsel and
financial services and bond un-
10 derwriting shall be awarded in
conformance with guidelines es-
11 tablished pursuant to rules and
regulations adopted by the board
12 of directors of the Kansas development
finance authority as pro-
13 vided in K.S.A. 74-8904 and section 4,
and amendments thereto.
14 [New Sec.
39. (a) Except as otherwise specifically provided by
15 law, all contracts for the providing of
professional services for all
16 political and taxing subdivisions of the
state shall be awarded upon
17 the basis of competitive bids. All bids
shall be solicited by notice
18 published in a newspaper of general
circulation in the political or
19 taxing subdivision.
20 [(b) As used
in this act, ``professional services'' shall mean and
21 include all services provided under
contract to any political or tax-
22 ing subdivision of the state by any
member of profession, the mem-
23 bers of which are licensed or regulated
under the laws of the state
24 of Kansas.]
25 Section
1. [40.] K.S.A. 1999 Supp.
25-4153a is hereby amended to
26 read as follows: 25-4153a. (a) No
registered lobbyist, political committee
27 or person, other than an individual, shall
make a contribution as defined
28 by subsection (d) of K.S.A.
25-4143, and amendments thereto, to any
29 legislator, candidate for
membership in the senate or house of represen-
30 tatives, candidate committee for
any such legislator or candidate, state
31 officer elected on a statewide
basis, candidate for state office elected on
32 a statewide basis or candidate
committee for any such officer or candidate
33 after January 1 of each year and prior to
adjournment sine die of the
34 regular session of the legislature or at
any other time in which the legis-
35 lature is in session to a:
36
(1) Legislator;
37 (2) candidate
for membership in the legislature;
38 (3) state
officer elected on a statewide basis;
39 (4) candidate
for state officer elected on a statewide basis;
40 (5) candidate
committee of persons described in paragraphs (1)
41 through (4);
42 (6) political
committee established by a state committee of any polit-
43 ical party and designated as a
recognized political committee for the sen-
41
1 ate or house of representatives;
or
2
(7) political committee established to support or oppose
candidates of
3 a single party in either the
senate or the house of representatives.
4
(b) No such legislator, officer,
candidate or committee described in
5 paragraphs (1) through (7) of
subsection (a) shall accept or solicit any
6 contribution as defined by subsection
(d) (e) of K.S.A. 25-4143, and
7 amendments thereto, from any
registered lobbyist, political committee or
8 person, other than an individual,
during such period of time described in
9 subsection (a).
10
(c) For the purposes of this section, the term
political committee in-
11 cludes any committee
described in paragraphs (6) and (7) of
subsection
12 (a).
13 [(c) Any contribution
received on and after January 1, 1999, by
14 any political committee described in
paragraph (6) of subsection
15 (a) shall be returned to the
contributor.
16 [(c) No committee as
described in paragraph (6) or (7) of sub-
17 section (a) shall accept or solicit any
contribution as defined by
18 subsection (c) of K.S.A. 25-4143, and
amendments thereto, from
19 any individual, during such period of
time described in subsection
20 (a).]
21 Sec.
2. [41.] K.S.A. 1999
Supp. 25-4143 is hereby amended to
22 read as follows: 25-4143. As used in the
campaign finance act, un-
23 less the context otherwise
requires:
24
(a) ``Candidate'' means an individual who: (1) Appoints a
trea-
25 surer or a candidate committee;
26 (2) makes a
public announcement of intention to seek nomi-
27 nation or election to state or local
office;
28 (3) makes any
expenditure or accepts any contribution for such
29 person's nomination or election to any
state or local office; or
30 (4) files a
declaration or petition to become a candidate for
31 state or local office.
32
(b) ``Candidate committee'' means a committee appointed
by
33 a candidate to receive contributions and
make expenditures for
34 the candidate.
35 (c) ``Clearly
identified candidate'' means a candidate who has
36 been identified by the:
37 (1) Use of the
name of the candidate;
38 (2) use of a
photograph or drawing of the candidate; or
39
(3) unambiguous reference to the candidate whether or not
the
40 name, photograph or drawing of such
candidate is used.
41
(d) ``Commission'' means the governmental ethics
commission.
42 (e)
(1) ``Contribution'' means:
43 (A) Any
advance, conveyance, deposit, distribution, gift, loan
42
1 or payment of money or any other
thing of value given to a can-
2 didate, candidate committee, party
committee or political com-
3 mittee for the express purpose of
nominating, electing or defeating
4 a clearly identified candidate for
a state or local office.
5 (B) Any
advance, conveyance, deposit, distribution, gift, loan
6 or payment of money or any other
thing of value made to expressly
7 advocate the nomination, election
or defeat of a clearly identified
8 candidate for a state or local
office;
9 (C) a
transfer of funds between any two or more candidate
10 committees, party committees or
political committees;
11 (D) the
payment, by any person other than a candidate, can-
12 didate committee, party committee or
political committee, of com-
13 pensation to an individual for the
personal services rendered with-
14 out charge to or for a candidate's
campaign or to or for any such
15 committee;
16 (E) the
purchase of tickets or admissions to, or advertisements
17 in journals or programs for, testimonial
events;
18 (F) a mailing
of materials designed to expressly advocate the
19 nomination, election or defeat of a
clearly identified candidate,
20 which is made and paid for by a party
committee with the consent
21 of such candidate.
22
(2) ``Contribution'' does not include:
23 (A) The value
of volunteer services provided without
24 compensation;
25 (B) costs to a
volunteer related to the rendering of volunteer
26 services not exceeding a fair market
value of $50 during an allo-
27 cable election period as provided in
K.S.A. 25-4149, and amend-
28 ments thereto;
29 (C) payment by
a candidate or candidate's spouse for personal
30 meals, lodging and travel by personal
automobile of the candidate
31 or candidate's spouse while
campaigning;
32 (D) the value
of goods donated to events such as testimonial
33 events, bake sales, garage sales and
auctions by any person not
34 exceeding a fair market value of $50 per
event.
35
(f) ``Election'' means:
36 (1) A primary
or general election for state or local office; and
37 (2) a
convention or caucus of a political party held to nominate
38 a candidate for state or local
office.
39 (g)
(1) ``Expenditure'' means:
40 (A) Any
purchase, payment, distribution, loan, advance, de-
41 posit or gift of money or any other
thing of value made by a can-
42 didate, candidate committee, party
committee or political com-
43 mittee for the express purpose of
nominating, electing or defeating
43
1 a clearly identified candidate for
a state or local office.
2 (B) Any
purchase, payment, distribution, loan, advance, de-
3 posit or gift of money or any
other thing of value made to expressly
4 advocate the nomination, election
or defeat of a clearly identified
5 candidate for a state or local
office;
6 (C) any
contract to make an expenditure;
7 (D) a
transfer of funds between any two or more candidate
8 committees, party committees or
political committees; or
9
(E) payment of a candidate's filing fees.
10
(2) ``Expenditure'' does not include:
11 (A) The value
of volunteer services provided without
12 compensation;
13 (B) costs to a
volunteer incidental to the rendering of volunteer
14 services not exceeding a fair market
value of $50 during an allo-
15 cable election period as provided in
K.S.A. 25-4149, and amend-
16 ments thereto;
17 (C) payment by
a candidate or candidate's spouse for personal
18 meals, lodging and travel by personal
automobile of the candidate
19 or candidate's spouse while campaigning
or payment of such costs
20 by the treasurer of a candidate or
candidate committee;
21 (D) the value
of goods donated to events such as testimonial
22 events, bake sales, garage sales and
auctions by any person not
23 exceeding fair market value of $50 per
event; or
24 (E) any
communication by an incumbent elected state or local
25 officer with one or more individuals
unless the primary purpose
26 thereof is to expressly advocate the
nomination, election or defeat
27 of a clearly identified
candidate.
28
(h) ``Expressly advocate the nomination, election or defeat
of
29 a clearly identified candidate'' means
any communication which
30 uses phrases including, but not limited
to:
31
(A) (1) ``Vote for the secretary of
state'';
32
(B) (2) ``re-elect your
senator'';
33
(C) (3) ``support the democratic
nominee'';
34
(D) (4) ``cast your ballot for the
republican challenger for
35 governor'';
36
(E) (5) ``Smith for
senate'';
37
(F) (6) ``Bob Jones in
'98'';
38
(G) (7) ``vote against Old
Hickory'';
39
(H) (8) ``defeat'' accompanied by a
picture of one or more can-
40 didates; or
41
(I) (9) ``Smith's the
one.''
42 (i) ``Party
committee'' means:
43 (1) The state
committee of a political party regulated by article
44
1 3 of chapter 25 of the Kansas
Statutes Annotated;
2 (2) the
county central committee or the state committee of a
3 political party regulated under
article 38 of chapter 25 of the Kan-
4 sas Statutes Annotated;
5 (3) the
bona fide national organization or committee of those
6 political parties regulated by the
Kansas Statutes Annotated;
7 (4) not
more than one political committee established by the
8 state committee of any such
political party and designated as a
9 recognized political committee for
the senate; or
10 (5) not more
than one political committee established by the
11 state committee of any such political
party and designated as a
12 recognized political committee for the
house of representatives.
13 (j) ``Person''
means any individual, committee, corporation,
14 partnership, trust, organization or
association.
15 (k)
(1) ``Political committee'' means any combination of
two or
16 more individuals or any person other
than an individual, a major
17 purpose of which is to expressly
advocate the nomination, election
18 or defeat of a clearly identified
candidate for state or local office
19 or make contributions to or expenditures
for the nomination, elec-
20 tion or defeat of a clearly identified
candidate for state or local
21 office.
22
(2) ``Political committee'' shall not include a candidate
committee or
23 a party committee.
24
(l) ``Receipt'' means a contribution or any other money or
thing
25 of value, but not including volunteer
services provided without
26 compensation, received by a treasurer in
the treasurer's official
27 capacity.
28 (m) ``State
office'' means any state office as defined in K.S.A.
29 25-2505, and amendments thereto.
30
(n) ``Testimonial event'' means an event held for the benefit
of
31 an individual who is a candidate to
raise contributions for such
32 candidate's campaign. Testimonial events
include but are not lim-
33 ited to dinners, luncheons, rallies,
barbecues and picnics.
34
(o) ``Treasurer'' means a treasurer of a candidate or of a
can-
35 didate committee, a party committee or a
political committee ap-
36 pointed under the campaign finance act
or a treasurer of a com-
37 bination of individuals or a person
other than an individual which
38 is subject to paragraph (2) of
subsection (a) of K.S.A. 25-4172, and
39 amendments thereto.
40 (p) ``Local
office'' means a member of the governing body of a
41 city of the first class, any elected
office of a unified school district
42 having 35,000 or more pupils regularly
enrolled in the preceding
43 school year, a county or of the board of
public utilities.
45
1
Sec. 3.
[42.] K.S.A. 1999 Supp. 46-237a is hereby amended
to
2 read as follows: 46-237a. (a) The
provisions of this section shall
3 apply to:
4 (1) The
governor;
5 (2) the
lieutenant governor;
6 (3) the
governor's spouse;
7
(4) all classified employees in the civil service of
the state of Kansas;
8
(5) all unclassified employees in the executive branch of
state gov-
9 ernment whose compensation is
subject to approval by the governor pur-
10 suant to K.S.A. 75-2935b, and
amendments thereto; and
11 (4) all
officers and employees of the executive branch of state
govern-
12 ment; and
13 (6)
(5) all members of boards, commissions and
authorities of
14 the executive branch of state
government.
15 (b) No person
subject to the provisions of this section shall so-
16 licit or accept any gift, economic
opportunity, loan, gratuity, spe-
17 cial discount or service provided
because of such person's official
18 position, except:
19 (1) A gift
having an aggregate value of less than $40 given at a
20 ceremony or public function where the
person is accepting the gift
21 in such person's official capacity;
or
22 (2) gifts from
relatives or gifts from personal friends when it is
23 obvious to the person that the gift is
not being given because of
24 the person's official position;
or
25 (3) anything
of value received by the person on behalf of the
26 state that inures to the benefit of the
state or that becomes the
27 property of the state; or
28
(4) contributions solicited on behalf of a nonprofit
organization
29 which is exempt from taxation under
paragraph (3) of subsection
30 (c) of section 501 of the internal
revenue code of 1986, as
31 amended.
32 (c) No person
subject to the provisions of this section shall so-
33 licit or accept free or special discount
meals from a source outside
34 of state government, except:
35 (1) Meals, the
provision of which is motivated by a personal or
36 family relationship or provided at
events that are widely attended.
37 An occasion is ``widely attended'' when
it is obvious to the person
38 accepting the meal that the reason for
providing the meal is not a
39 pretext for exclusive or nearly
exclusive access to the person;
40 (2) meals
provided at public events in which the person is at-
41 tending in an official capacity;
42 (3) meals
provided to a person subject to this act when it is
43 obvious such meals are not being
provided because of the person's
46
1 official position; and
2 (4) food
such as soft drinks, coffee or snack foods not offered
3 as part of a meal.
4 (d) No
person subject to the provisions of this section shall so-
5 licit or accept free or special
discount travel or related expenses
6 from a source outside state
government, except:
7 (1) When
it is obvious to the person accepting the same that
8 the free or special discount
travel and related expenses are not
9 being provided because of the
person's official position; or
10 (2) when the
person's presence at a meeting, seminar or event
11 serves a legitimate state purpose or
interest and the person's
12 agency authorizes or would authorize
payment for such travel and
13 expenses.
14 (e) No person
subject to the provisions of this section shall so-
15 licit or accept free or special discount
tickets or access to enter-
16 tainment or sporting events or
activities such as plays, concerts,
17 games, golf, exclusive swimming, hunting
or fishing or other rec-
18 reational activities when the free or
special discount tickets or ac-
19 cess are provided because of the
person's official position. The
20 provisions of this subsection shall not
apply to persons whose of-
21 ficial position requires or obliges them
to be present at such events
22 or activities.
23 (f)
(1) Violations of the provisions of this section by any
clas-
24 sified employee in the civil service of
the state of Kansas shall be
25 considered personal conduct detrimental
to the state service and
26 shall be a basis for suspension,
demotion or dismissal, subject to
27 applicable state law.
28 (2) Violations
of the provisions of this section by any unclassi-
29 fied employee whose
compensation is subject to be approved by the
30 governor pursuant to K.S.A.
75-2935b, and amendments thereto, shall
31 subject such employee to discipline up
to and including
32 termination.
33 (3) In
addition to the penalty prescribed under paragraphs (1)
34 and (2), the commission on
governmental standards and conduct may
35 assess a civil fine, after proper notice
and an opportunity to be
36 heard, against any person for a
violation of this section, in an
37 amount not to exceed $5,000 for the
first violation, not to exceed
38 $10,000 for the second violation and not
to exceed $15,000 for the
39 third violation and for each subsequent
violation. All fines assessed
40 and collected under this section shall
be remitted to the state trea-
41 surer. Upon receipt thereof, the state
treasurer shall deposit the
42 entire amount in the state treasury and
credit it to the Kansas com-
43 mission on governmental standards
and conduct fee fund governmental
47
1 ethics fee fund established by
K.S.A. 25-4119e, and amendments thereto.
2
Sec. 4.
[43.] K.S.A. 1999 Supp. 46-269 is hereby amended to
3 read as follows: 46-269. Each
report under K.S.A. 46-268, and
4 amendments thereto, shall disclose
the following:
5 (a) The
full name and address of each person who has paid
6 compensation for lobbying to the
lobbyist or has paid for expenses
7 of lobbying by the lobbyist during
the period reported.
8 (b) The
aggregate amount or value of all expenditures made,
9 except for expenses of general
office overhead, by the lobbyist or
10 by the lobbyist's employer for or in
direct relation to lobbying dur-
11 ing the reporting period, if such
expenditures exceed $100. Indi-
12 vidual expenditures of less than $2
shall not be required to be
13 reported under this subsection. Every
lobbyist shall keep detailed
14 accounts of all expenditures required to
be reported pursuant to
15 K.S.A. 46-268, and amendments thereto.
Such expenditures shall
16 be reported according to the following
categories of expenditures:
17 (1) Food and
beverages provided as hospitality;
18
(2) entertainment, gifts, honoraria or payments;
19 (3) mass media
communications;
20 (4) recreation
provided as hospitality;
21
(5) communications for the purpose of influencing
legislative
22 or executive action; and
23 (6) all other
reportable expenditures made in the performance
24 of services as a lobbyist. With regard
to expenditures for enter-
25 tainment or hospitality which is
primarily recreation, food and bev-
26 erages, only amounts expended on a state
officer or employee or
27 on such officer or employee's spouse
shall be considered to be for
28 or in direct relation to lobbying.
Notwithstanding the require-
29 ments of this subsection and subsection
(c), no lobbyist shall be
30 responsible to report any expenditure by
the lobbyist's employer
31 of which such person has no
knowledge.
32 (c)
(1) In addition to the information reported pursuant to
subsection
33 (b), each lobbyist expending an
aggregate amount of $100 or more for
34 lobbying in any reporting period shall
report any gift, entertainment or
35 hospitality provided to members of the
legislature, members of the judicial
36 branch of government and any employees
of the legislature or judicial
37 branch of government. Such report shall
disclose the full name of the
38 legislator, member of the judicial
branch and employee who received such
39 gift, entertainment or hospitality and
the amount expended on such gift,
40 entertainment or hospitality.
41 (2) No report
shall be required to be filed pursuant to this subsection
42 (c) for the following:
43 (A) Meals, the
provision of which is motivated by a personal or family
48
1 relationship or provided at an
event where all members of the legislature
2 or all members of the house of
representatives or senate have been invited
3 to attend;
4
(B) meals provided at public events in which the person is
attending
5 in an official capacity;
6
(C) meals provided to a person subject to this section when it
is ob-
7 vious such meals are not being
provided because of the person's official
8 position; and
9 (D) food
such as soft drinks, coffee or snack foods not offered as
part
10 of a meal.
11 (c)
(d) Whenever Except as provided by
subsection (c), whenever an
12 individual lobbyist contributes to a
single special event, such lob-
13 byist shall report only the aggregate
amount or value of the ex-
14 penditure contributed by such
lobbyist.
15
(d) (e) Whenever more than one
lobbyist is employed by a sin-
16 gle employer, the reports required by
this section relating to such
17 employer shall be made by only one such
lobbyist and that lobbyist
18 shall be the lobbyist who is most
directly connected with the par-
19 ticular expenditure or gift, honoraria
or payment. No expenditure
20 or gift, honoraria or payment required
to be reported by this sec-
21 tion shall be reported by more than one
lobbyist.
22
(e) (f) All accounts, records and
documents of the lobbyist
23 which relate to every expenditure
reported or which should have
24 been reported shall be maintained and
preserved by the lobbyist
25 for a period of five years from the date
of the filing of such report
26 or statement and may be inspected under
conditions determined
27 by the commission.
28 Sec.
5. [44.] K.S.A. 1999 Supp.
46-237 is hereby amended to
29 read as follows: 46-237. (a)
Except as provided by this section, no state
30 officer or employee, candidate for state
office or state officer elect
31 shall accept, or agree to accept any
(1) economic opportunity,
gift,
32 loan, gratuity, special discount, favor,
hospitality, or service having
33 an aggregate value of $40 or more in any
calendar year or (2) hos-
34 pitality in the form of
recreation having an aggregate value of $100
or
35 more in any calendar
year from any one person known to have
a
36 special interest, under circumstances
where such person knows or
37 should know that a major purpose of the
donor is to influence such
38 person in the performance of their
official duties or prospective
39 official duties.
40 [(b) No legislator,
candidate for membership in the legislature
41 or legislator elect shall accept, or
agree to accept any economic
42 opportunity, gift, loan, gratuity,
special discount, favor or hospi-
43 tality in the form of recreation and
food and beverages or service
49
1 from any lobbyist.]
2
(b) [(c)] Except as
provided by this section, no person with a special
3 interest shall offer, pay, give or
make any (1) economic
opportu-
4 nity, gift, loan, gratuity,
special discount, favor, hospitality or serv-
5 ice having an aggregate value of
$40 or more in any calendar year
6 or (2) hospitality in
the form of recreation having an aggregate value
of
7 $100 or more in any
calendar year to any state officer or
employee,
8 candidate for state office or
state officer elect with a major purpose
9 of influencing such officer or
employee, candidate for state office
10 or state officer elect in the
performance of official duties or pro-
11 spective official duties.
12
(c) [(d)] No person
licensed, inspected or regulated by a state
13 agency shall offer, pay, give or make
any economic opportunity,
14 gift, loan, gratuity, special discount,
favor, hospitality, or service
15 having an aggregate value of $40 or more
in any calendar year to
16 such agency or any state officer or
employee, candidate for state
17 office or state officer elect of that
agency.
18
(d) Hospitality in the form of
recreation, food and
beverages is
19 presumed not to be given to
influence a state officer or employee,
20 candidate for state office or
state officer elect in the performance
21 of official duties or
prospective official duties, except when a
par-
22 ticular course of official
action is to be followed as a condition
23 thereon.
For the purposes of this subsection, the term recreation
shall
24 not include the providing or the
payment of the cost of transportation or
25 lodging.
26 (e) Except
when a particular course of official action is to be
27 followed as a condition thereon, this
section shall not apply to: (1)
28 Any contribution reported in compliance
with the campaign fi-
29 nance act; or (2) a commercially
reasonable loan or other com-
30 mercial transaction in the ordinary
course of business.
31 (f) No state
officer or employee shall accept any payment of
32 honoraria for any speaking engagement
except that a member of
33 the state legislature or a part-time
officer or employee of the ex-
34 ecutive branch of government shall be
allowed to receive reim-
35 bursement in the preparation for and the
making of a presentation
36 at a speaking engagement in an amount
fixed by the commission
37 prior to the acceptance of the speaking
engagement. Nothing in
38 this section shall be construed to
prohibit the reimbursement of
39 state officers and employees for
reasonable expenses incurred in
40 attending seminars, conferences and
other speaking engagements.
41 (g) The
provisions of this section shall not be applicable to or
42 prohibit the acceptance of gifts from
governmental agencies of
43 foreign nations except that any gift
accepted from such foreign
50
1 governmental agency, having an
aggregate value of $100 or more,
2 shall be accepted on behalf of the
state of Kansas.
3 (h) No
legislator shall solicit any contribution to be made to
4 any organization for the purpose
of paying for travel, subsistence
5 and other expenses incurred by
such legislator or other members
6 of the legislature in attending
and participating in meetings, pro-
7 grams and activities of such
organization or those conducted or
8 sponsored by such organization,
but nothing in this act or the act
9 of which this act is amendatory
shall be construed to prohibit any
10 legislator from accepting reimbursement
for actual expenses for
11 travel, subsistence, hospitality,
entertainment and other expenses
12 incurred in attending and participating
in meetings, programs and
13 activities sponsored by the government
of any foreign nation, or
14 any organization organized under the
laws of such foreign nation
15 or any international organization or any
national, nonprofit, non-
16 partisan organization established for
the purpose of serving, in-
17 forming, educating and strengthening
state legislatures in all
18 states of the nation, when paid from
funds of such organization
19 and nothing shall be construed to limit
or prohibit the expenditure
20 of funds of and by any such organization
for such purposes.
21 [New Sec. 45. (a) This
section shall be known and may be cited
22 as the private attorney retention
sunshine act.
23 [(b) For the
purposes of this section:
24
[(1) ``Contract for legal services'' means a contract in which
a
25 fee is paid to an attorney or group of
attorneys, in the form of a
26 flat, hourly or contingent fee and any
expenses of such attorney,
27 or group of attorneys.
28 [(2) ``State
agency'' means any state office, officer, department,
29 board, commission, institution, bureau,
agency, authority, state
30 agent or any division of a state
agency.
31
[(c) Notwithstanding any law to the contrary, any state
agency
32 that wishes to enter into a contract for
legal services under this
33 section with a lawyer or law firm to
perform legal services on be-
34 half of this state, which contract is
reasonably expected by the state
35 agency to result in legal fees of $7,500
or more, shall not do so
36 until an open and competitive bidding
process has been under-
37 taken. The competitive bidding process
under this section means
38 that the state agency, unless otherwise
required by law, shall pub-
39 lish in the Kansas register notice of
competitive bidding for such
40 contract for legal services at least two
weeks prior to the deadline
41 to receive such competitive bids, shall
select at least two qualified
42 law firms based upon the law firm's
experience with similar liti-
43 gation, expertise generally and size, if
firm size is a relevant factor
51
1 with respect to the proposed legal
services, and such other factors
2 as the secretary of administration
may specify by rules and regu-
3 lations, and shall select from
among such firms for purposes of
4 entry into a contract for legal
services with the law firm which
5 makes the lowest hourly rate bid
or total cost to provide such
6 services.
7 [(d) No
state agency shall enter into a contract for legal services
8 exceeding $1,000,000 without the
opportunity for at least one
9 hearing in the legislature on the
terms of the legal contract in
10 accordance with subsection (e).
11 [(e)
(1) For purposes of the requirement of subsection (d),
any
12 state agency entering into a contract
for legal services in excess of
13 $1,000,000 shall file a copy of the
proposed contract with the chief
14 clerk of the house of representatives
and the secretary of the sen-
15 ate who shall refer such contract to the
chairperson and vice chair-
16 person of the legislative budget
committee.
17 [(2) Within 30
days after such referral, the legislative budget
18 committee may hold a public hearing on
the proposed contract
19 and shall issue a report to the
referring state agency. The report
20 shall include any proposed changes to
the proposed contract voted
21 upon by the committee. The state agency
shall review the report
22 and adopt a final contract as deemed
appropriate in view of the
23 report and shall file with the chief
clerk of the house of represen-
24 tatives and the secretary of the senate
its final contract.
25 [(3) If the
proposed contract does not contain the changes pro-
26 posed by the legislative budget
committee, the referring state
27 agency shall send a letter to the chief
clerk of the house of rep-
28 resentatives and the secretary of the
senate accompanying the final
29 contract stating the reasons why such
proposed changes were not
30 adopted. The chief clerk and the
secretary of the senate shall refer
31 such letter and final regulations to the
chairperson and vice chair-
32 person of the legislative budget
committee. Not earlier than 45
33 days after the filing of such letter and
final contract with the chief
34 clerk of the house of representatives
and the secretary of the sen-
35 ate, the state agency or agent shall
enter into the final contract.
36 [(4) If no
proposed changes to the proposed contract are made
37 to the state agency within 60 days of
the initial filing of the pro-
38 posed contract or any amendment of such
contract with the chief
39 clerk of the house of representatives
and the secretary of the sen-
40 ate, the state agency may enter into the
contract.
41 [(5) Nothing
in this section shall be construed to expand the
42 authority of any state agency to enter
into contracts where no such
43 authority previously existed.
52
1 [(f)
(1) At the conclusion of any legal proceeding for which
a
2 state agency retained outside
counsel on a contingent fee basis,
3 the state shall receive from
counsel a statement of the hours
4 worked on the case, expenses
incurred, the aggregate fee amount
5 and a breakdown as to the hourly
rate, based on hours worked
6 divided into fee recovered, less
expenses.
7 [(2) In
no case shall the state incur expenses in excess of $1,000
8 per hour for legal services. In
cases where a disclosure submitted
9 in accordance with paragraph (1)
of this subsection indicates an
10 hourly rate in excess of $1,000 per
hour, the fee amount shall be
11 reduced to an amount equivalent to
$1,000 per hour.
12 [(g) In any
action in which the state of Kansas or any state
13 agency is a defendant and a contract for
legal services is to be
14 entered into in accordance with this
section, the district court may
15 continue the action at any stage of the
proceedings to provide an
16 extension of time in order to provide
the time required for the
17 state or the state agency to comply with
the provisions of this sec-
18 tion. In any such case, if the court
does not grant a request for a
19 continuance for the purpose of complying
with the provisions of
20 this section, then the state agency and
the contract for legal serv-
21 ices shall not be subject to any period
of time prescribed by this
22 section before the contract for legal
services may be entered into
23 by the state agency.
24 [Sec. 46. K.S.A. 46-271
is hereby amended to read as follows:
25 46-271. (a) No lobbyist shall
offer, pay, give or make any economic op-
26 portunity, gift, loan, gratuity, special
discount, favor or hospitality in the
27 form of recreation and food and
beverages to any legislator, candidate for
28 membership in the legislature or
legislator elect.
29
[(b) Subject to the provisions of subsection
(a), no lobbyist shall
30 offer, pay, give or make any economic
opportunity, gift, loan, gra-
31 tuity, special discount, favor,
hospitality or service having an ag-
32 gregate value of $40 or more in any
calendar year to any state
33 officer or employee or candidate for
state office with a major pur-
34 pose of influencing such officer or
employee in the performance
35 of official duties or prospective
official duties. Hospitality in the
36 form of recreation, food and beverages
are presumed not to be
37 given to influence a state officer or
employee or candidate for state
38 office in the performance of official
duties, except when a partic-
39 ular course of official action is to be
followed as a condition
40 thereon.
41 [Except when a
particular course of official action is to be fol-
42 lowed as a condition thereon, this
section shall not apply to (1) any
43 contribution reported in compliance with
the campaign finance act
53
1 as amended, or (2) a commercially
reasonable loan or other com-
2 mercial transaction in the
ordinary course of business.]
3 Sec.
2.
6. K.S.A. 1999 Supp.
25-4153a is 25-4143, 25-4153a,
46-
4 237, 46-237a and 46-269
are hereby repealed.
5 [Sec. 47. K.S.A.
10-116a, 10-427a, 10-1202, 10-1211, 25-4142,
6 46-235, 46-242, 46-271, 59-2006,
66-1513, 75-430a, 75-1250, 75-
7 1251, 75-1253, 75-1254, 75-1255,
75-1256, 75-1257, 75-1258, 75-
8 1265, 75-3738, 75-3740, 75-3784,
75-3799, 75-37,102, 75-5310a,
9 75-5801, 75-5802, 75-5803,
75-5804, 75-5805, 75-5806 and 75-
10 5807 and K.S.A. 1999 Supp. 10-106,
25-4143, 25-4153a, 40-3410,
11 40-3411, 44-566a, 46-237, 46-237a,
46-269, 74-8904, 75-3739 and
12 76-745 are hereby repealed.]
13 Sec.
3.7.
[48.] This act shall take effect and be in force from
and
14 after its publication in the
statute book Kansas
register [statute book].