CHAPTER 182
SENATE BILL No. 5
An Act concerning state government; relating
to development, management, coordination
and planning for the utilization of the
state's information technology resources; abolish-
ing and establishing certain councils, offices
and positions; relating to state civil service;
concerning certain committees of the
legislature; relating to certain state agency pur-
chases of and contracts for supplies,
materials, equipment and services; amending K.S.A.
46-1604, 46-1701, 46-2101, 46-2102, 68-2003,
75-2935, 75-3739, 75-4703, 75-4707, 75-
4709, 75-5147, 75-6301 and 76-3,100 and K.S.A.
1997 Supp. 46-2201 and 65-34,154;
also repealing K.S.A. 75-4706, 75-4740,
75-4741, 75-4742, 75-4743 and 75-4744.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. As used in sections 1 through 12, and
amendments
thereto:
(a) ``Cumulative cost'' means the total expenditures, from all
sources,
for any information technology project by one or more state
agencies to
meet project objectives from project start to project completion or
the
date and time the project is terminated if it is not completed.
(b) ``Executive agency'' means any state agency in the
executive
branch of government.
(c) ``Information technology project'' means a project for a
major
computer, telecommunications or other information technology
improve-
ment with an estimated cumulative cost of $250,000 or more and
includes
any such project that has proposed expenditures for: (1) New or
replace-
ment equipment or software; (2) upgrade improvements to
existing
equipment and any computer systems, programs or software
upgrades
therefor; or (3) data or consulting or other professional services
for such
a project.
(d) ``Information technology project change or overrun'' means
any
of the following:
(1) Any change in planned expenditures for an information
technol-
ogy project that would result in the total authorized cost of the
project
being increased above the currently authorized cost of such project
by
more than either $1,000,000 or 10% of such currently authorized
cost of
such project, whichever is lower;
(2) any change in the scope of an information technology
project, as
such scope was presented to and reviewed by the joint committee or
the
chief information technology officer to whom the project was
submitted
pursuant to section 9 and amendments thereto; or
(3) any change in the proposed use of any new or replacement
infor-
mation technology equipment or in the use of any existing
information
technology equipment that has been significantly upgraded.
(e) ``Joint committee'' means the joint committee on
information
technology.
(f) ``Judicial agency'' means any state agency in the judicial
branch of
government.
(g) ``Legislative agency'' means any state agency in the
legislative
branch of government.
(h) ``Project'' means a planned series of events or activities
that is
intended to accomplish a specified outcome in a specified time
period,
under consistent management direction within a state agency or
shared
among two or more state agencies, and that has an identifiable
budget
for anticipated expenses.
(i) ``Project completion'' means the date and time when the
head of
a state agency having primary responsibility for an information
technology
project certifies that the improvement being produced or altered
under
the project is ready for operational use.
(j) ``Project start'' means the date and time when a state
agency begins
a formal study of a business process or technology concept to
assess the
needs of the state agency, determines project feasibility or
prepares an
information technology project budget estimate under section 9
and
amendments thereto.
(k) ``State agency'' means any state office or officer,
department,
board, commission, institution or bureau, or any agency, division
or unit
thereof.
New Sec. 2. (a) There is hereby established the
information tech-
nology executive council which shall be attached to the department
of
administration for purposes of administrative functions.
(b) The council shall be composed of 17 voting members as
follows:
The secretary of administration; two cabinet agency heads; one
nonca-
binet agency head; the director of the budget; the executive chief
infor-
mation technology officer; the legislative chief information
technology
officer; the judicial chief information technology officer and the
judicial
administrator of the Kansas supreme court; the executive director
of the
Kansas board of regents; the commissioner of education; one
represen-
tative of cities; one representative of counties the network
manager of
the information network of Kansas (INK) ; and three representatives
from
the private sector who are chief executive officers or chief
information
technology officers. The chief information technology architect
shall be
a nonvoting member of the council. The two cabinet agency heads,
the
noncabinet agency head, the representative of cities, the
representative
of counties and the representatives from the private sector shall
be ap-
pointed by the governor for a term not to exceed 18 months. Upon
ex-
piration of an appointed member's term, the member shall continue
to
hold office until the appointment of a successor. Nonappointed
members
shall serve ex officio.
(c) The secretary of administration shall serve as the
chairperson of
the council.
(d) The council shall hold meetings and hearings in the city
of Topeka
or at such other places as the council designates, on call of the
chairperson
or on request of four or more members.
(e) Members of the council may not appoint an individual to
repre-
sent them on the council and only members of the council may
vote.
(f) Members of the council shall not be eligible for
compensation,
subsistence allowances, mileage or other expenses as provided in
K.S.A.
75-3223 and amendments thereto for attendance at any meeting of
the
council or any subcommittee meeting authorized by the council,
except
that agencies may pay subsistence, mileage and other expenses to
their
representatives on the council.
New Sec. 3. (a) The information technology executive
council is
hereby authorized to adopt such policies and rules and regulations
as
necessary to implement, administer and enforce the provisions of
this act.
(b) The council shall:
(1) Adopt: (A) Information technology resource policies and
proce-
dures and project management methodologies for all state agencies;
(B)
an information technology architecture, including
telecommunications
systems, networks and equipment, that covers all state agencies;
(C) stan-
dards for data management for all state agencies; and (D) a
strategic
information technology management plan for the state;
(2) provide direction and coordination for the application of
the
state's information technology resources;
(3) designate the ownership of information resource processes
and
the lead agency for implementation of new technologies and
networks
shared by multiple agencies in different branches of state
government;
and
(4) perform such other functions and duties as necessary to
carry out
the provisions of this act.
New Sec. 4. (a) There is hereby established, within and
as a part of
the department of administration, the office of chief information
tech-
nology architect, the head of which shall be the chief information
tech-
nology architect. Under the supervision of the secretary of
administration,
the chief information technology architect shall administer the
office of
the chief information technology architect. The chief information
tech-
nology architect shall be in the unclassified service under the
Kansas civil
service act, shall be appointed by the secretary of administration,
subject
to approval of the governor and shall receive compensation in an
amount
fixed by the secretary of administration, subject to approval of
the gov-
ernor.
(b) The chief information technology architect shall:
(1) Propose to the information technology executive council:
(A) In-
formation technology resource policies and procedures and project
man-
agement methodologies for all state agencies; (B) an information
tech-
nology architecture, including telecommunications systems, networks
and
equipment, that covers all state agencies; (C) standards for data
manage-
ment for all state agencies; and (D) a strategic information
technology
management plan for the state;
(2) serve as secretary to the information technology executive
council;
and
(3) perform such other functions and duties as provided by law
or as
directed by the secretary of administration.
New Sec. 5. (a) There is hereby established within and as
a part of
the department of administration the position of executive chief
infor-
mation technology officer. The executive chief information
technology
officer shall be in the unclassified service under the Kansas civil
service
act, shall be appointed by the secretary of administration, subject
to ap-
proval of the governor, and shall receive compensation in an amount
fixed
by the secretary of administration, subject to approval of the
governor.
The executive chief information technology officer shall maintain a
pres-
ence in any cabinet established by the governor and shall report to
both
the governor and the secretary of administration.
(b) The executive chief information technology officer
shall:
(1) Review and consult with each executive agency regarding
infor-
mation technology plans, deviations from the state information
technol-
ogy architecture, information technology project estimates and
informa-
tion technology project changes and overruns submitted by such
agency
pursuant to section 9 and amendments thereto to determine whether
the
agency has complied with: (A) The information technology resource
pol-
icies and procedures and project management methodologies adopted
by
the information technology executive council; (B) the information
tech-
nology architecture adopted by the information technology
executive
council; (C) the standards for data management adopted by the
infor-
mation technology executive council; and (D) the strategic
information
technology management plan adopted by the information technology
ex-
ecutive council;
(2) report to the chief information technology architect all
deviations
from the state information architecture that are reported to the
executive
information technology officer by executive agencies;
(3) submit recommendations to the division of the budget as to
the
technical and management merit of information technology project
esti-
mates and information technology project changes and overruns
submit-
ted by executive agencies pursuant to section 9 and amendments
thereto,
based on the determinations made pursuant to subsection (b)(1);
(4) monitor executive agencies' compliance with: (A) The
information
technology resource policies and procedures and project
management
methodologies adopted by the information technology executive
council;
(B) the information technology architecture adopted by the
information
technology executive council; (C) the standards for data
management
adopted by the information technology executive council; and (D)
the
strategic information technology management plan adopted by the
infor-
mation technology executive council;
(5) coordinate implementation of new information technology
among
executive agencies and with the judicial and legislative chief
information
technology officers;
(6) designate the ownership of information resource processes
and
the lead agency for implementation of new technologies and
networks
shared by multiple agencies within the executive branch of state
govern-
ment; and
(7) perform such other functions and duties as provided by law
or as
directed by the secretary of administration.
New Sec. 6. (a) There is hereby established within and as
a part of
the office of the state judicial administrator the position of
judicial chief
information technology officer. The judicial chief information
technology
officer shall be appointed by the judicial administrator, subject
to approval
of the chief justice, and shall receive compensation determined by
the
judicial administrator, subject to approval of the chief
justice.
(b) The judicial chief information technology officer
shall:
(1) Review and consult with each judicial agency regarding
infor-
mation technology plans, deviations from the state information
technol-
ogy architecture, information technology project estimates and
informa-
tion technology project changes and overruns submitted by such
agency
pursuant to section 9 and amendments thereto to determine whether
the
agency has complied with: (A) The information technology resource
pol-
icies and procedures and project management methodologies adopted
by
the information technology executive council; (B) the information
tech-
nology architecture adopted by the information technology
executive
council; (C) the standards for data management adopted by the
infor-
mation technology executive council; and (D) the strategic
information
technology management plan adopted by the information technology
ex-
ecutive council;
(2) report to the chief information technology architect all
deviations
from the state information architecture that are reported to the
judicial
information technology officer by judicial agencies;
(3) submit recommendations to the judicial administrator as to
the
technical and management merit of information technology project
esti-
mates and information technology project changes and overruns
submit-
ted by judicial agencies pursuant to section 9 and amendments
thereto,
based on the determinations pursuant to subsection (b)(1);
(4) monitor judicial agencies' compliance with: (A) The
information
technology resource policies and procedures and project
management
methodologies adopted by the information technology executive
council;
(B) the information technology architecture adopted by the
information
technology executive council; (C) the standards for data
management
adopted by the information technology executive council; and (D)
the
strategic information technology management plan adopted by the
infor-
mation technology executive council;
(5) coordinate implementation of new information technology
among
judicial agencies and with the executive and legislative chief
information
technology officers;
(6) designate the ownership of information resource processes
and
the lead agency for implementation of new technologies and
networks
shared by multiple agencies within the judicial branch of state
govern-
ment; and
(7) perform such other functions and duties as provided by law
or as
directed by the judicial administrator.
New Sec. 7. (a) There is hereby established the position
of legislative
chief information technology officer under the legislative
coordinating
council.
(b) The legislative chief information technology officer shall
be ap-
pointed by the legislative coordinating council. The joint
committee may
recommend one or more persons for consideration by the legislative
co-
ordinating council in making the appointment.
(c) The legislative chief information technology officer shall
receive
such compensation as determined by the legislative coordinating
council
and may be removed by a vote of five members of the legislative
coor-
dinating council taken at any regular meeting of the council.
(d) The legislative chief information technology officer shall
receive
expenses and allowances for in-state and out-of-state travel as is
provided
by law for members of the legislature. The provisions of K.S.A.
75-3208
and amendments thereto shall not apply to any such travel.
(e) The legislative chief information technology officer shall
be in the
unclassified service under the Kansas civil service act.
New Sec. 8. The legislative chief information technology
officer
shall:
(a) Review and consult with each legislative agency regarding
infor-
mation technology plans, deviations from the state information
technol-
ogy architecture, information technology project estimates and
informa-
tion technology project changes and overruns submitted by such
agency
pursuant to section 9 and amendments thereto to determine whether
the
agency has complied with: (1) The information technology resource
pol-
icies and procedures and project management methodologies adopted
by
the information technology executive council; (2) the information
tech-
nology architecture adopted by the information technology
executive
council; (3) the standards for data management adopted by the
infor-
mation technology executive council; and (4) the strategic
information
technology management plan adopted by the information technology
ex-
ecutive council;
(b) report to the chief information technology architect all
deviations
from the state information architecture that are reported to the
legislative
information technology officer by legislative agencies;
(c) submit recommendations to the legislative coordinating
council
as to the technical and management merit of information technology
pro-
ject estimates and information technology project changes and
overruns
submitted by legislative agencies pursuant to section 9 and
amendments
thereto, based on the determinations pursuant to subsection
(a);
(d) monitor legislative agencies' compliance with: (1) The
information
technology resource policies and procedures and project
management
methodologies adopted by the information technology executive
council;
(2) the information technology architecture adopted by the
information
technology executive council; (3) the standards for data
management
adopted by the information technology executive council; and (4)
the
strategic information technology management plan adopted by the
infor-
mation technology executive council;
(e) coordinate implementation of new information technology
among
legislative agencies and with the executive and judicial chief
information
technology officers;
(f) designate the ownership of information resource processes
and
the lead agency for implementation of new technologies and
networks
shared by multiple agencies within the legislative branch of state
govern-
ment;
(g) serve as staff of the joint committee; and
(h) perform such other functions and duties as provided by law
or as
directed by the legislative coordinating council or the joint
committee.
New Sec. 9. (a) Whenever an agency proposes an
information tech-
nology project, such agency shall prepare and submit to the chief
infor-
mation technology officer of the branch of state government of
which the
agency is a part of a project budget estimate therefor, and for
each amend-
ment or revision thereof, in accordance with this section. Each
informa-
tion technology project budget estimate shall be in such form as
required
by the director of the budget, in consultation with the chief
information
technology architect, and by this section. In each case, the agency
shall
prepare and include as a part of such project budget estimate a
plan
consisting of a written program statement describing the project.
The
program statement shall:
(1) Include a detailed description of and justification for
the project,
including: (A) An analysis of the programs, activities and other
needs and
intended uses for the additional or improved information
technology; (B)
a statement of project scope including identification of the
organizations
and individuals to be affected by the project and a definition of
the func-
tionality to result from the project; and (C) an analysis of the
alternative
means by which such information technology needs and uses could
be
satisfied;
(2) describe the tasks and schedule for the project and for
each phase
of the project, if the project is to be completed in more than one
phase;
(3) include a financial plan showing: (A) The proposed source
of
funding and categorized expenditures for each phase of the project;
and
(B) cost estimates for any needs analyses or other investigations,
consult-
ing or other professional services, computer programs, data,
equipment,
buildings or major repairs or improvements to buildings and other
items
or services necessary for the project; and
(4) include a cost-benefit statement based on an analysis of
qualitative
as well as financial benefits.
(b) (1) Before one or more state agencies proposing an
information
technology project begin implementation of the project, the project
plan,
including the architecture and the cost-benefit analysis, shall be
approved
by the head of each state agency proposing the project and by the
chief
information technology officer of each branch of state government
of
which the agency or agencies are a part. Approval of those projects
that
involve telecommunications services shall also be subject to the
provisions
of K.S.A. 75-4709, 75-4710 and 75-4712, and amendments thereto.
(2) All specifications for bids or proposals related to an
approved in-
formation technology project of one or more state agencies shall be
re-
viewed by the chief information technology officer of each branch
of state
government of which the agency or agencies are a part.
(c) Annually at the time specified by the chief information
technology
officer of the branch of state government of which the agency is a
part,
each agency shall submit to such officer:
(1) A copy of a three-year strategic information technology
plan that
sets forth the agency's current and future information technology
needs
and utilization plans for the next three ensuing fiscal years, in
such form
and containing such additional information as prescribed by the
chief
information technology officer; and
(2) any deviations from the state information technology
architecture
adopted by the information technology executive council.
(d) The provisions of this section shall not apply to the
information
network of Kansas (INK).
New Sec. 10. (a) Not later than July 1 of each year, the
executive,
judicial and legislative chief information technology officers
shall submit
to the joint committee and to the legislative research department
all in-
formation technology project budget estimates and amendments and
re-
visions thereto, all three-year plans and all deviations from the
state in-
formation technology architecture submitted to such officers
pursuant to
section 9 and amendments thereto. The legislative chief information
tech-
nology officer shall review all such estimates and amendments and
revi-
sions thereto, plans and deviations and shall make recommendations
to
the joint committee regarding the merit thereof and appropriations
there-
for.
(b) The executive and judicial chief information technology
officers
shall report to the legislative chief information technology
officer, at times
agreed upon by the three officers:
(1) Progress regarding implementation of information
technology
projects of state agencies within the executive and judicial
branches of
state government; and
(2) all proposed expenditures for such projects, including all
revisions
to such proposed expenditures, for the current fiscal year and for
ensuing
fiscal years.
New Sec. 11. (a) The legislative chief information
technology officer,
under the direction of the joint committee, shall monitor state
agency
execution of information technology projects and, at times agreed
upon
by the three chief information technology officers, shall report
progress
regarding the implementation of such projects and all proposed
expend-
itures therefor, including all revisions to such proposed
expenditures for
the current fiscal year and for ensuing fiscal years.
(b) The head of a state agency with primary responsibility for
an in-
formation technology project may authorize or approve, without
prior
consultation with the joint committee, any change in planned
expendi-
tures for an information technology project that would result in
the total
cost of the project being increased above the currently authorized
cost of
such project but that increases the total cost of such project by
less than
the lower of either $1,000,000 or 10% of the currently authorized
cost,
and any change in planned expenditures for an information
technology
project involving a cost reduction, other than a change in the
proposed
use of any new or replacement information technology equipment or
in
the use of any existing information technology equipment that has
been
significantly upgraded.
(c) The head of a state agency with primary responsibility for
an in-
formation technology project shall not authorize or approve,
without first
advising and consulting with the joint committee any information
tech-
nology project change or overrun. The joint committee shall report
all
such changes and overruns to the senate standing committee on ways
and
means and the house standing committee on appropriations.
New Sec. 12. (a) The Kansas information resources council
estab-
lished by K.S.A. 75-4740 and the office of the chief information
architect
established by K.S.A. 75-4742 are hereby abolished.
(b) The unexpended budgeted balance of any appropriation for
the
Kansas information resources council as a result of any abolishment
by
this section shall be and is hereby transferred to the information
tech-
nology executive council created by this act. The unexpended
budgeted
balance of any appropriation for the position of chief information
architect
as a result of any abolishment by this section shall be and is
hereby trans-
ferred to the legislative coordinating council -- operations
account.
(c) Whenever the Kansas information resources council is
referred to
or designated by a statute, contract or other document, such
reference
or designation shall be deemed to apply to the information
technology
executive council created by this act. Whenever the position of
chief in-
formation architect or the office of the chief information
architect is re-
ferred to or designated by a statute, contract or other document,
such
reference or designation shall be deemed to apply to the position
of chief
information technology architect or the office of the chief
information
technology architect created by this act or to the position of
executive
chief information technology officer, as determined appropriate in
ac-
cordance with the provisions of this act.
(d) The information technology executive council created by
this act
shall succeed to all property and records that were used for, or
pertain
to, the performance of the powers, duties and functions of the
Kansas
information resources council abolished by this act. The office of
the chief
information technology architect created by this act shall succeed
to all
property and records that were used for, or pertain to, the
performance
of the powers, duties and functions of the office of the chief
information
architect abolished by this act. Any conflict as to the proper
disposition
of such property or records arising under this section and
resulting from
the transfer or abolishment of any existing state agency, or the
powers,
duties and functions thereof, shall be determined by the governor,
whose
decision shall be final.
(e) Any conflict as to the disposition of any power, function
or duty
as a result of any abolishment, transfer, attachment or other
change made
by this act, or under authority of this act, shall be resolved by
the governor,
and the decision of the governor shall be final.
(f) No suit, action, or other proceeding, judicial or
administrative,
lawfully commenced, or that could have been commenced, by or
against
the Kansas information resources council, or by or against the
office of
the chief information architect or the chief information architect
in the
chief information architect's official capacity or in relation to
the discharge
of official duties, shall abate by reason of the provisions of this
act. The
court may allow any such suit, action or other proceeding to be
main-
tained by or against the information technology executive council,
the
office of the chief information technology architect or the chief
infor-
mation technology architect.
(g) No criminal action commenced or that could have been
com-
menced by the state shall abate by the taking effect of this
act.
Sec. 13. K.S.A. 46-2101 is hereby amended to read as
follows: 46-
2101. (a) There is hereby established the joint committee on
computers
and telecommunications information
technology which shall be within the
legislative branch of state government and which shall be composed
of
three senators and three members of the house of representatives.
One
of the senate members shall be appointed by the president of the
senate,
one of the senate members shall be appointed by the minority leader
of
the senate and one of the senate members shall be appointed by
the
chairperson of the committee on ways and means of the senate. One
of
the representative members shall be appointed by the speaker of
the
house of representatives, one of the representative members shall
be
appointed by the minority leader of the house of representatives
and one
of the representative members shall be appointed by the chairperson
of
the committee on appropriations of the house of representatives.
The
members of the joint committee on information technology and the
chair-
person and vice-chairperson serving in such capacities on the
effective
date of this act shall continue serving as members and in such
capacities,
respectively, subject to the other provisions of this
section.
(b) All members of the joint committee on computers
and telecom-
munications information technology shall
serve for terms ending on the
first day of the regular legislative session in odd-numbered years.
The
joint committee shall organize annually and elect a chairperson and
vice-
chairperson in accordance with this subsection. After June
30 The chair-
person and vice-chairperson serving on the effective date of
this act shall
continue to serve in such capacities through June 30, 1998. On
and after
July 1, 1998, and until the first day of the 1999 regular
legislative session,
the chairperson shall be one of the senate members of the joint
committee
elected by the members of the joint committee and the
vice-chairperson
shall be one of the representative members of the joint
committee elected
by the members of the joint committee. Thereafter, on and after
the first
day of the regular legislative session in odd-numbered
years, the chair-
person shall be one of the representative members of the joint
committee
elected by the members of the joint committee and the
vice-chairperson
shall be one of the senate members elected by the members of the
joint
committee. After June 30 and, after the first
day of the regular legislative
session in even-numbered years, the chairperson shall be one
of the sen-
ate members of the joint committee elected by the members of the
joint
committee and the vice-chairperson shall be one of the
representative
members of the joint committee elected by the members of the
joint
committee. The chairperson and vice-chairperson of the joint
committee
shall serve in such capacities until July 1 of
the first day of the regular
legislative session in the ensuing year. The
vice-chairperson shall exercise
all of the powers of the chairperson in the absence of the
chairperson. If
a vacancy occurs in the office of chairperson or vice-chairperson,
a mem-
ber of the joint committee, who is a member of the same house as
the
member who vacated the office, shall be elected by the members of
the
joint committee to fill such vacancy.
(c) A quorum of the joint committee on computers and
telecom-
munications information technology shall be
four. All actions of the joint
committee shall be taken by a majority of all of the members of the
joint
committee.
(d) The joint committee on computers and
telecommunications in-
formation technology may meet at any time and at any place
within the
state on the call of the chairperson.
(e) The provisions of the acts contained in article 12 of
chapter 46 of
the Kansas Statutes Annotated, and amendments thereto, applicable
to
special committees shall apply to the joint committee on
computers and
telecommunications information technology
to the extent that the same
do not conflict with the specific provisions of this act applicable
to the
joint committee.
(f) In accordance with K.S.A. 46-1204 and amendments thereto,
the
legislative coordinating council may provide for such professional
services
as may be requested by the joint committee on computers and
telecom-
munications information technology.
(g) The joint committee on computers and
telecommunications in-
formation technology may introduce such legislation as it
deems necessary
in performing its functions.
(h) (1) On the effective date of this act the joint
committee on com-
puters and telecommunications shall be and is hereby officially
designated
as the joint committee on information technology.
(2) On and after the effective date of this act, whenever
the joint
committee on computers and telecommunications, or words of like
effect,
is referred to or designated by a statute, contract or other
document,
created before the effective date of this act, the reference or
designation
shall mean and apply to the joint committee on information
technology.
(3) Nothing in this act shall be construed as abolishing or
reestablish-
ing the joint committee on computers and
telecommunications.
Sec. 14. K.S.A. 46-2102 is hereby amended to read as
follows: 46-
2102. In addition to other powers and duties authorized or
prescribed by
law or by the legislative coordinating council, the joint committee
on
computers and telecommunications information
technology shall:
(a) Study the use by state agencies and institutions of
computers,
telecommunications and other information technologies;
(b) review new governmental computer hardware and software
ac-
quisition, information storage, transmission, processing and
telecommu-
nications technologies proposed by state agencies and institutions,
in-
cluding budget estimates for implementation of the same,
and make
recommendations thereon and the implementation
plans therefor, includ-
ing all information technology project budget estimates and
three-year
strategic information technology plans that are submitted to the
joint com-
mittee pursuant to section 10 and amendments
thereto;
(c) make recommendations on all such implementation plans,
budget
estimates and three-year plans to the ways and means
committee of the
senate and the committee on appropriations of the house of
representa-
tives;
(c) (d) study the progress and results
of all newly implemented gov-
ernmental computer hardware and software, information storage,
trans-
mission, processing and telecommunications technologies of state
agen-
cies and institutions including all information technology
projects for state
agencies which have been authorized or for which appropriations
have
been approved by the legislature; and
(d) (e) make an annual report to the
legislative coordinating council
as provided in K.S.A. 46-1207 and amendments thereto and such
special
reports to committees of the house of representatives and senate as
are
deemed appropriate by the joint committee.
Sec. 15. K.S.A. 75-4703 is hereby amended to read as
follows: 75-
4703. The secretary of administration may adopt rules and
regulations as
provided in K.S.A. 75-3706, and amendments thereto, relating to
the
following:
(a) Establishment of rates and charges for services performed
by the
division of information systems and communications for any other
divi-
sion, department, state agency or governmental unit. Such rates
and
charges shall be maintained by a cost system in accordance with
generally
accepted accounting principles. In determining cost rates for
billing to
agencies or governmental units, overhead expenses shall include but
not
be limited to light, heat, power, insurance, labor and
depreciation. Billings
shall include direct and indirect costs and shall be based on the
foregoing
cost accounting practices.
(b) For determination of priorities for services performed by
the di-
vision of information systems and communications, including
authority to
decline new projects under specified conditions.
(c) Specification of standards for submission of data to be
processed
by the division of information systems and communications and the
pro-
grams for processing the data, including authority to decline to
process
computer programs and projects not conforming to published
standards.
Such standards shall be consistent with the standards and
policies adopted
by the information technology executive council under section 3
and
amendments thereto.
(d) Specification of standards and measures relating to
security, con-
fidentiality and availability of data processed by the division of
information
systems and communications. Such standards and measures shall be
con-
sistent with the standards and policies adopted by the
information tech-
nology executive council under section 3 and amendments
thereto.
Sec. 16. K.S.A. 75-4707 is hereby amended to read as
follows: 75-
4707. Notwithstanding the provisions of K.S.A. 75-3738 and
75-3739 and
amendments thereto Subject to the provisions of
section 9 and amend-
ments thereto, state agencies using information processing
equipment un-
der lease are hereby authorized to enter into contracts with
leasing service
companies for purchase by the agency of such equipment with
nonstate
funds furnished by such leasing service companies and transfer of
title to
such equipment by the agency to such leasing service company for
lease
back to the agency. Any such contract shall first be
approved by the chief
information architect under the supervision of the Kansas
information
resources council.
Sec. 17. K.S.A. 75-4709 is hereby amended to read as
follows: 75-
4709. (a) The secretary of administration shall provide for and
coordinate
all telecommunications services for all divisions, departments and
agen-
cies of the state pursuant to policies established by the
Kansas information
resources information technology executive
council. The secretary of ad-
ministration shall have the authority to control the acquisition,
retention
and use of all telecommunications services for all divisions,
departments
and agencies of the state, and to develop and review plans and
specifi-
cations for telecommunications services throughout the state.
(b) The secretary of administration, when feasible, may enter
into
agreements with any entity defined in this subsection extending to
such
entity the use of state intercity telecommunications facilities and
services
under the control of the secretary.
As used in this subsection, an ``entity'' means:
(1) Any governmental unit, including any state agency, taxing
subdi-
vision of the state or municipality; or
(2) any hospital or nonprofit corporation which the secretary
deter-
mines to be performing any state function on an ongoing basis
through
agreement or otherwise, or any function which will assist a
governmental
unit in attaining an objective or goal, bearing a valid
relationship to powers
and functions of such unit.
(c) Every record made, maintained or kept by the secretary of
ad-
ministration or the division of information systems and
communications,
or any agency or instrumentality thereof, which relates to the
acquisition,
retention or use of telecommunications services provided to any
division,
department or agency of the state, state officer or governmental
unit and
which pertains to individually identifiable individuals using such
telecom-
munication services shall constitute for purposes of the open
records act
a record of the division, department or agency of the state, state
officer
or governmental unit to which such records relate. The official
custodian
of such records for the purposes of the open records act shall be
the
official custodian of the records of such division, department or
agency
of the state, state officer or governmental unit.
Sec. 18. K.S.A. 75-5147 is hereby amended to read as
follows: 75-
5147. The secretary of revenue is hereby authorized to enter into
con-
tracts to acquire automated tax systems, including computer
hardware
and software therefor, for use in the registration of taxpayers,
processing
of remittances and returns, and collection of delinquent taxes and
any
interest and penalties thereon. Any contracts entered into between
the
secretary of revenue and vendors of automated tax systems shall
provide
(1) for payment of fees for the automated tax system on the basis
of a
percentage of the increase in the amount of taxes, interest and
penalties
collected which is attributable to the implementation of the
automated
tax systems as specified by the joint consensus of the director of
the
budget and the director of the legislative research department
under this
section or (2) for payment of fees for the automated tax system on
a fixed
fee contract basis, such fees to be paid from the increase in the
amount
of taxes, interest and penalties collected which is attributable to
the im-
plementation of the automated tax systems as specified by the joint
con-
sensus of the director of the budget and the director of the
legislative
research department under this section. All contracts entered into
under
this section shall be entered into pursuant to procurement
negotiating
committee procedures as provided in K.S.A. 75-37,102 and
amendments
thereto. Prior to publishing or distributing a request for
proposal, such
request for proposal shall be reviewed by the joint committee on
com-
puters and telecommunications information
technology. During each reg-
ular session of the legislature, the secretary of revenue shall
submit a
report to the committee on ways and means of the senate and the
com-
mittee on appropriations of the house of representatives. Such
report shall
include detailed information on the costs and benefits of
implementing
automated tax systems during the fiscal year immediately preceding
the
submission of the report. The report required hereunder shall be
made
annually until two complete fiscal years have elapsed following
full im-
plementation of automated tax systems by the secretary of revenue.
In
addition, the director of the budget and the director of the
legislative
research department shall prepare annually a joint consensus on
the
amount of increased tax, interest and penalty collections which are
at-
tributable to the automated tax system and shall report their
findings
during each regular session of the legislature to the committee on
ways
and means of the senate and the committee on appropriations of
the
house of representatives. Nothing in this section shall prohibit
the sec-
retary of revenue from acquiring any goods or services through
appro-
priations for any department of revenue function or program not
specif-
ically included in any contract entered into pursuant to this
section.
Sec. 19. K.S.A. 76-3,100 is hereby amended to read as
follows: 76-
3,100. Each acquisition of data processing hardware or software by
the
university of Kansas medical center for the university hospital
information
systems shall be exempt from the provisions of K.S.A. 75-4705,
75-4706,
75-4707, 75-4709 and 75-3739 and amendments thereto and shall not
be
subject to approval under any statute other than those contained in
article
3 or article 7 of chapter 76 of the Kansas Statutes Annotated. In
addition
to other procedures, the university of Kansas medical center is
hereby
authorized to acquire data processing hardware and software for the
uni-
versity hospital information systems by sole source negotiation.
The uni-
versity of Kansas medical center shall file with the director of
purchases
of the department of administration and shall update periodically a
plan
for future acquisitions under this section. The university of
Kansas med-
ical center shall submit a written report in each calendar quarter
to the
secretary of administration, to the chairpersons of the senate
committee
on ways and means and the house of representatives committee on
ap-
propriations, and to the joint committee on
computers and telecommu-
nications information technology on all
contracts for acquisition of data
processing hardware and software entered into under this section
during
such calendar quarter.
Sec. 20. K.S.A. 75-2935 is hereby amended to read as
follows: 75-
2935. The civil service of the state of Kansas is hereby divided
into the
unclassified and the classified services.
(1) The unclassified service comprises positions held by state
officers
or employees who are:
(a) Chosen by election or appointment to fill an elective
office;
(b) members of boards and commissions, heads of departments
re-
quired by law to be appointed by the governor or by other elective
offi-
cers, and the executive or administrative heads of offices,
departments,
divisions and institutions specifically established by law;
(c) except as otherwise provided under this section, one
personal sec-
retary to each elective officer of this state, and in addition
thereto, 10
deputies, clerks or employees designated by such elective
officer;
(d) all employees in the office of the governor;
(e) officers and employees of the senate and house of
representatives
of the legislature and of the legislative coordinating council and
all officers
and employees of the office of revisor of statutes, of the
legislative re-
search department, of the division of legislative administrative
services,
of the division of post audit and the legislative counsel;
(f) chancellor, president, deans, administrative officers,
student
health service physicians, pharmacists, teaching and research
personnel,
health care employees and student employees in the institutions
under
the state board of regents, the executive officer of the board of
regents
and the executive officer's employees other than clerical
employees, and,
at the discretion of the state board of regents, directors or
administrative
officers of departments and divisions of the institution and county
exten-
sion agents, except that this subsection (1)(f) shall not be
construed to
include the custodial, clerical or maintenance employees, or any
employ-
ees performing duties in connection with the business operations of
any
such institution, except administrative officers and directors; as
used in
this subsection (1)(f), ``health care employees'' means employees
of the
university of Kansas medical center who provide health care
services at
the university of Kansas medical center and who are medical
technicians
or technologists or respiratory therapists, who are licensed
professional
nurses or licensed practical nurses, or who are in job classes
which are
designated for this purpose by the chancellor of the university of
Kansas
upon a finding by the chancellor that such designation is required
for the
university of Kansas medical center to recruit or retain personnel
for
positions in the designated job classes; and employees of any
institution
under the state board of regents who are medical technologists;
(g) operations, maintenance and security personnel employed to
im-
plement agreements entered into by the adjutant general and the
federal
national guard bureau, and officers and enlisted persons in the
national
guard and the naval militia;
(h) persons engaged in public work for the state but employed
by
contractors when the performance of such contract is authorized by
the
legislature or other competent authority;
(i) persons temporarily employed or designated by the
legislature or
by a legislative committee or commission or other competent
authority
to make or conduct a special inquiry, investigation, examination or
in-
stallation;
(j) officers and employees in the office of the attorney
general and
special counsel to state departments appointed by the attorney
general,
except that officers and employees of the division of the Kansas
bureau
of investigation shall be in the classified or unclassified service
as provided
in K.S.A. 75-711 and amendments thereto;
(k) all employees of courts;
(l) client, patient and inmate help in any state facility or
institution;
(m) all attorneys for boards, commissions and departments;
(n) the secretary and assistant secretary of the Kansas state
historical
society;
(o) physician specialists, dentists, dental hygienists,
pharmacists,
medical technologists and long term care workers employed by the
de-
partment of social and rehabilitation services;
(p) physician specialists, dentists and medical technologists
employed
by any board, commission or department or by any institution under
the
jurisdiction thereof;
(q) student employees enrolled in public institutions of
higher learn-
ing;
(r) administrative officers, directors and teaching personnel
of the
state board of education and the state department of education and
of
any institution under the supervision and control of the state
board of
education, except that this subsection (1)(r) shall not be
construed to
include the custodial, clerical or maintenance employees, or any
employ-
ees performing duties in connection with the business operations of
any
such institution, except administrative officers and directors;
(s) all officers and employees in the office of the secretary
of state;
(t) one personal secretary and one special assistant to the
following:
The secretary of administration, the secretary of aging, the
secretary of
agriculture, the secretary of commerce and housing, the secretary
of cor-
rections, the secretary of health and environment, the
superintendent of
the Kansas highway patrol, the secretary of human resources, the
secre-
tary of revenue, the secretary of social and rehabilitation
services, the
secretary of transportation and the secretary of wildlife and
parks;
(u) one personal secretary and one special assistant to the
chancellor
and presidents of institutions under the state board of
regents;
(v) one personal secretary and one special assistant to the
executive
vice chancellor of the university of Kansas medical center;
(w) one public information officer and one chief attorney for
the fol-
lowing: The department of administration, the department on aging,
the
department of agriculture, the department of commerce and housing,
the
department of corrections, the department of health and
environment,
the department of human resources, the department of revenue, the
de-
partment of social and rehabilitation services, the department of
trans-
portation and the Kansas department of wildlife and parks;
(x) civil service examination monitors;
(y) one executive director, one general counsel and one
director of
public affairs and consumer protection in the office of the state
corpo-
ration commission;
(z) specifically designated by law as being in the
unclassified service;
and
(aa) all officers and employees of Kansas, Inc. and the Kansas
tech-
nology enterprise corporation.; and
(bb) any position that is classified as a position in the
information
resource manager job class series, that is the chief position
responsible for
all information resources management for a state agency, and
that be-
comes vacant on or after the effective date of this act. Nothing
in this
section shall affect the classified status of any employee in
the classified
service who is employed on the date immediately preceding the
effective
date of this act in any position that is a classified position
in the infor-
mation resource manager job class series and the unclassified
status as
prescribed by this subsection shall apply only to a person
appointed to
any such position on or after the effective date of this act
that is the chief
position responsible for all information resources management
for a state
agency.
(2) The classified service comprises all positions now
existing or here-
after created which are not included in the unclassified service.
Appoint-
ments in the classified service shall be made according to merit
and fitness
from eligible pools which so far as practicable shall be
competitive. No
person shall be appointed, promoted, reduced or discharged as an
officer,
clerk, employee or laborer in the classified service in any manner
or by
any means other than those prescribed in the Kansas civil service
act and
the rules adopted in accordance therewith.
(3) For positions involving unskilled, or semiskilled duties,
the sec-
retary of administration, as provided by law, shall establish rules
and reg-
ulations concerning certifications, appointments, layoffs and
reemploy-
ment which may be different from the rules and regulations
established
concerning these processes for other positions in the classified
service.
(4) Officers authorized by law to make appointments to
positions in
the unclassified service, and appointing officers of departments or
insti-
tutions whose employees are exempt from the provisions of the
Kansas
civil service act because of the constitutional status of such
departments
or institutions shall be permitted to make appointments from
appropriate
pools of eligibles maintained by the division of personnel
services.
Sec. 21. K.S.A. 75-6301 is hereby amended to read as
follows: 75-
6301. (a) There is hereby established the office of the
securities com-
missioner of Kansas. The office shall be administered by the
securities
commissioner of Kansas who shall be in the unclassified service
under the
Kansas civil service act and shall serve at the pleasure of the
governor.
The securities commissioner shall be appointed by the governor,
with the
consent of subject to confirmation by the
senate as provided in K.S.A.
75-4315b and amendments thereto, shall have special training
and quali-
fications for such position and shall receive such compensation as
may be
fixed by the governor. The securities commissioner shall
employ, and fix
the compensation of, such assistants or clerks as the
securities commis-
sioner may from time to time deem necessary.
(b) The securities commissioner may appoint directors
within the of-
fice of the securities commissioner as determined necessary by
the secu-
rities commissioner to effectively carry out the mission of the
office. All
directors appointed after the effective date of this act shall
be in the un-
classified service under the Kansas civil service act, shall
have special
training and qualifications for such positions, shall serve at
the pleasure
of the securities commissioner and shall receive compensation
fixed by the
securities commissioner and approved by the
governor.
(c) Nothing in subsection (b) shall affect the classified
status of any
person employed in the office of the securities commissioner on
the day
immediately preceding the effective date of this act. The
provisions of this
subsection shall not be construed to limit the powers of the
securities
commissioner pursuant to K.S.A. 75-2948 and amendments
thereto.
Sec. 22. K.S.A. 46-1604 is hereby amended to read as
follows: 46-
1604. (a) There is hereby created the joint committee on economic
de-
velopment which shall be composed of five senators and eight
members
of the house of representatives. The five senate members shall be
the
chairperson of the standing committee on commerce of the senate, or
a
member of such committee appointed by the chairperson, two
members
of such committee appointed by the president and two members of
such
committee appointed by the minority leader. The eight
representative
members shall be the chairperson of the standing committee on
economic
development of the house of representatives, or a member of such
com-
mittee appointed by the chairperson, four members of such
committee
appointed by the speaker and three members of such committee
ap-
pointed by the minority leader.
(b) All members of the joint committee on economic
development
shall serve for terms ending on the first day of the regular
legislative
session in odd-numbered years. After June 30
The chairperson and vice-
chairperson serving on the effective date of this act will
continue to serve
in such capacities through June 30, 1998. On and after July 1,
1998, and
until the first day of the 1999 regular legislative session, the
chairperson
shall be one of the senate members of the joint committee
selected by the
president and the vice-chairperson shall be one of the
representative mem-
bers selected by the speaker. Thereafter, on and after the first
day of the
regular legislative session in odd-numbered years, the
chairperson shall
be one of the representative members of the joint committee
selected by
the speaker and the vice-chairperson shall be one of the senate
members
selected by the president. After June 30 and,
on and after the first day
of the regular legislative session in even-numbered years,
the chairperson
shall be one of the senate members of the joint committee selected
by
the president and the vice-chairperson shall be one of the
representative
members of the joint committee selected by the speaker. The
chairperson
and vice-chairperson of the joint committee shall serve in such
capacities
until July 1 of the first day of the regular
legislative session in the ensuing
year. The vice-chairperson shall exercise all of the powers of the
chair-
person in the absence of the chairperson.
(c) The joint committee on economic development may meet at
any
time and at any place within the state on the call of the
chairperson.
(d) The provisions of the acts contained in article 12 of
chapter 46 of
the Kansas Statutes Annotated, and amendments thereto, applicable
to
special committees shall apply to the joint committee on economic
de-
velopment to the extent that the same do not conflict with the
specific
provisions of this act applicable to the joint committee.
(e) In accordance with K.S.A. 46-1204 and amendments thereto,
the
legislative coordinating council may provide for such professional
services
as may be requested by the joint committee on economic
development.
(f) The joint committee on economic development may
introduce
such legislation as it deems necessary in performing its
functions.
Sec. 23. K.S.A. 46-1701 is hereby amended to read as
follows: 46-
1701. (a) There is hereby created the joint committee on state
building
construction which shall be within the legislative branch of state
govern-
ment and which shall be composed of three senators and three
members
of the house of representatives. The three senate members shall be
the
chairperson of the committee on ways and means of the senate, or
a
member of the committee on ways and means of the senate
appointed
by the chairperson, a senator appointed by the president and a
senator
appointed by the minority leader. The three representative members
shall
be the chairperson of the committee on appropriations of the house
of
representatives, or a member of the committee on appropriations of
the
house of representatives appointed by the chairperson, a
representative
appointed by the speaker and a representative appointed by the
minority
leader.
(b) All members of the joint committee on state building
construction
shall serve for terms ending on the first day of the regular
legislative
session in odd-numbered years. The joint committee shall organize
an-
nually and elect a chairperson and vice-chairperson in accordance
with
this subsection. After June 30 The chairperson
and vice-chairperson serv-
ing on the effective date of this act will continue to serve in
such capacities
through June 30, 1998. On and after July 1, 1998, and until the
first day
of the 1999 regular legislative session, the chairperson shall
be one of the
senate members of the joint committee elected by the members of
the joint
committee and the vice-chairperson shall be one of the
representative
members of the joint committee elected by the members of the
joint com-
mittee. Thereafter, on and after the first day of the regular
legislative
session in odd-numbered years, the chairperson shall be one
of the rep-
resentative members of the joint committee elected by the members
of
the joint committee and the vice-chairperson shall be one of the
senate
members elected by the members of the joint committee.
After June 30
and on and after the first day of the regular legislative
session in even-
numbered years, the chairperson shall be one of the senate members
of
the joint committee elected by the members of the joint committee
and
the vice-chairperson shall be one of the representative members of
the
joint committee elected by the members of the joint committee.
The
chairperson and vice-chairperson of the joint committee shall serve
in
such capacities until July 1 of the first day
of the regular legislative session
in the ensuing year. The vice-chairperson shall exercise all
of the powers
of the chairperson in the absence of the chairperson. If a vacancy
occurs
in the office of chairperson or vice-chairperson, a member of the
joint
committee, who is a member of the same house as the member who
vacated the office, shall be elected by the members of the joint
committee
to fill such vacancy. Within 30 days after the effective
date of this act, the
joint committee shall reorganize and elect a chairperson
and a vice-chair-
person in accordance with the provisions of this
act.
(c) A quorum of the joint committee on state building
construction
shall be four. All actions of the joint committee shall be taken by
a majority
of all of the members of the joint committee.
(d) The joint committee on state building construction may
meet at
any time and at any place within the state on the call of the
chairperson.
(e) The provisions of the acts contained in article 12 of
chapter 46 of
the Kansas Statutes Annotated, and amendments thereto, applicable
to
special committees shall apply to the joint committee on state
building
construction to the extent that the same do not conflict with the
specific
provisions of this act applicable to the joint committee.
(f) In accordance with K.S.A. 46-1204 and amendments thereto,
the
legislative coordinating council may provide for such professional
services
as may be requested by the joint committee on state building
construc-
tion.
(g) The joint committee on state building construction may
introduce
such legislation as it deems necessary in performing its
functions.
Sec. 24. K.S.A. 1997 Supp. 46-2201 is hereby amended to
read as
follows: 46-2201. (a) On January 1, 1993, There is
hereby created the
joint committee on pensions, investments and benefits which shall
be
composed of five senators and eight members of the house of
represen-
tatives. The five senate members shall be the chairperson of the
standing
committee on ways and means of the senate, or a member of such
com-
mittee appointed by the chairperson, two members appointed by
the
president and two members appointed by the minority leader. The
eight
representative members shall be the chairperson of the standing
com-
mittee on appropriations of the house of representatives, or a
member of
such committee appointed by the chairperson, four members
appointed
by the speaker and three members appointed by the minority
leader.
(b) All members of the joint committee on pensions,
investments and
benefits shall serve for terms ending on the first day of the
regular leg-
islative session in odd-numbered years. After June
30 The chairperson
and vice-chairperson serving on the effective date of this act
will continue
to serve in such capacities through June 30, 1998. On and after
July 1,
1998, and until the first day of the 1999 regular legislative
session, the
chairperson shall be one of the senate members of the joint
committee
selected by the president and the vice-chairperson shall be one
of the
representative members selected by the speaker. Thereafter, on
and after
the first day of the regular legislative session in
odd-numbered years, the
chairperson shall be one of the representative members of the joint
com-
mittee selected by the speaker and the vice-chairperson shall be
one of
the senate members selected by the president. After June
30 and on and
after the first day of the regular legislative session in
even-numbered
years, the chairperson shall be one of the senate members of the
joint
committee selected by the president and the vice-chairperson shall
be
one of the representative members of the joint committee selected
by
the speaker. The chairperson and vice-chairperson of the joint
committee
shall serve in such capacities until July 1 of
the first day of the regular
legislative session in the ensuing year. The
vice-chairperson shall exercise
all of the powers of the chairperson in the absence of the
chairperson.
(c) The joint committee on pensions, investments and benefits
shall
meet at any time and at any place within the state on call of the
chair-
person. Members of the joint committee shall receive compensation
and
travel expenses and subsistence expenses or allowances as provided
in
K.S.A. 75-3212 and amendments thereto when attending meetings
of
such committee authorized by the legislative coordinating
council.
(d) In accordance with K.S.A. 46-1204 and amendments thereto,
the
legislative coordinating council may provide for such professional
services
as may be requested by the joint committee on pensions, investments
and
benefits.
(e) The joint committee on pensions, investments and benefits
may
introduce such legislation as deemed necessary in performing such
com-
mittee's functions.
(f) The joint committee on pensions, investments and benefits
shall:
(1) Monitor, review and make recommendations regarding
invest-
ment policies and objectives formulated by the board of trustees of
the
Kansas public employees retirement system;
(2) review and make recommendations relating to benefits for
mem-
bers under the Kansas public employees retirement system;
and
(3) consider and make recommendations to the standing
committee
of the senate specified by the president of the senate relating to
the
confirmation of members of the board of trustees of the Kansas
public
employees retirement system appointed pursuant to K.S.A. 74-4905
and
amendments thereto. On and after July 1, 1993, The
information pro-
vided by the Kansas bureau of investigation or other criminal
justice
agency pursuant to subsection (h) of K.S.A. 74-4905 and
amendments
thereto relating to the confirmation of members of the board to the
stand-
ing committee of the senate specified by the president shall be
forwarded
by the Kansas bureau of investigation or such other criminal
justice
agency to such joint committee for such joint committee's
consideration
and other than conviction data, shall be confidential and shall not
be
disclosed except to members and employees of the joint committee
as
necessary to determine qualifications of such member. The
committee,
in accordance with K.S.A. 75-4319 and amendments thereto shall
recess
for a closed or executive meeting to receive and discuss
information re-
ceived by the committee pursuant to this subsection;
and.
(4) review and make recommendations to the legislature
by the first
day of legislative session commencing in 1997 relating to
the implemen-
tation of a permanent policy regarding adjustments in
retirement benefit
payments to retirants and disabled members. Such
recommendations
should include a review of cost-of-living adjustments, the
shared earnings
proposal presented to the 1996 legislature and other
mechanisms for re-
funding adjustments in retirement benefit payments to
retirants and dis-
abled members as an alternative to annual cost-of-living
adjustments. In
conducting such review the committee may utilize
legislative staff, Kansas
public employees retirement system staff, the Kansas public
employees
retirement system actuary and other consultants. Any
recommendations
shall include actuarially based cost estimates, including
an assessment of
the impact on the Kansas public employees retirement system
fund's
unfunded actuarial liability.
Sec. 25. K.S.A. 1997 Supp. 65-34,154 is hereby amended to
read as
follows: 65-34,154. On or before the first day of the regular
legislative
session each year, the secretary shall submit to the members of the
stand-
ing committees committee on energy and
natural resources of the house
of representatives and the senate and to the
members of the standing
committee on environment of the house of representatives a
report re-
garding:
(a) Receipts of the fund during the preceding calendar year
and the
sources of the receipts;
(b) disbursements from the fund during the preceding calendar
year
and the purposes of the disbursements;
(c) the extent of corrective action taken under this act
during the
preceding calendar year; and
(d) the prioritization of sites for expenditures from the
fund.
Sec. 26. K.S.A. 68-2003 is hereby amended to read as
follows: 68-
2003. There is hereby created a body politic and corporate to be
known
as the Kansas turnpike authority. The authority is hereby
constituted a
public instrumentality and the exercise by the authority of the
powers
conferred by this act in the construction, operation and
maintenance of
turnpike projects shall be deemed and held to be the performance of
an
essential governmental function.
The Kansas turnpike authority shall consist of five members.
Two
members shall be appointed by the governor for terms of four years.
The
members appointed by the governor shall be residents of the state
and
shall each year be owners of revenue bonds issued by the Kansas
turnpike
authority. One member of the authority shall be the secretary of
trans-
portation. One member shall be the chairperson of the committee
on
transportation and utilities tourism of the
senate, and one member shall
be a member of the committee on transportation of the house of
repre-
sentatives and shall be appointed by the speaker of the house of
repre-
sentatives. Any person appointed by the governor to fill a vacancy
on the
authority shall be appointed to serve only for the unexpired term,
and a
member of the authority shall be eligible for reappointment. A
member
of the authority may be removed by the governor for misfeasance,
mal-
feasance or willful neglect of duty, but only after reasonable
notice and a
public hearing conducted in accordance with the provisions of the
Kansas
administrative procedure act. Each member of the authority, before
en-
tering upon the member's duties, shall take and subscribe an oath
or
affirmation as required by law.
The authority shall elect one member as chairperson of the
authority
and another as vice-chairperson. The authority shall also elect a
secretary-
treasurer who need not be a member of the authority. The
chairperson,
vice-chairperson and secretary-treasurer shall serve as officers at
the plea-
sure of the authority. Three members of the authority shall
constitute a
quorum and the affirmative vote of three members shall be necessary
for
any action taken by the authority. No vacancy in the membership of
the
authority shall impair the right of a quorum to exercise all the
rights and
perform all the duties of the authority.
Members of the Kansas turnpike authority attending meetings of
such
authority, or attending a subcommittee meeting thereof authorized
by
such authority, shall be paid compensation, subsistence allowances,
mile-
age and other expenses as provided in K.S.A. 75-3223 and
amendments
thereto.
Sec. 27. K.S.A. 75-3739 is hereby amended to read as
follows: 75-
3739. In the manner as provided in this act and rules and
regulations
established thereunder:
(a) All contracts for construction and repairs, and all
purchases of and
contracts for supplies, materials, equipment and contractual
services to
be acquired for state agencies shall be based on competitive bids,
except
that competitive bids need not be required in the following
instances:
(1) For contractual services, supplies, materials, or
equipment when,
in the judgment of the director of purchases, no competition
exists; or
(2) when, in the judgment of the director of purchases,
chemicals
and other material or equipment for use in laboratories or
experimental
studies by state agencies are best purchased without competition,
or
where rates are fixed by law or ordinance; or
(3) when, in the judgment of the director of purchases, an
agency
emergency requires immediate delivery of supplies, materials or
equip-
ment, or immediate performance of services; or
(4) when any statute authorizes another procedure or provides
an
exemption from the provisions of this
section.;
(5) when compatibility with existing contractual services,
supplies,
materials or equipment is the overriding
consideration;
(6) when a used item becomes available and is subject to
immediate
sale; or
(7) when, in the judgment of the director of purchases and
the head
of the acquiring state agency, not seeking competitive bids is
in the best
interest of the state.
When the director of purchases approves a purchase of or
contract for
supplies, materials, equipment, or contractual services in any
instance
specified in this subsection, the director may delegate
authority to make
the purchase or enter the contract under conditions and
procedures pre-
scribed by the director.
The director of purchases shall make
prepare a detailed report at least
once in each calendar quarter to the legislative
coordinating council and
the chairpersons of the senate committee on ways and means
and the
house of representatives committee on
appropriations of all contracts for
goods, supplies, materials, equipment or contractual
services over $5,000
entered into without competitive bids under subsections
(a)(1), (a)(2),
(a)(3) or (g) subsection (a)(1), (2), (3), (5),
(6) or (7). The director shall
submit the report to the legislative coordinating council, the
chairperson
of the committee on ways and means of the senate, the
chairperson of the
committee on appropriations of the house of representatives and
the chair-
person of the Kansas performance review board.
(b) (1) If the amount of the purchase is estimated
to exceed approx-
imately $10,000 $50,000, sealed bids shall
be solicited by notice published
once in the Kansas register not less than 10 days before the date
stated
therein in the notice for the opening of
such the bids. The director of
purchases may waive this publication of notice requirement when
the
director determines that a more timely procurement is in the best
interest
of the state. The director of purchases also may designate a trade
journal
for such the publication. The director of
purchases also shall solicit such
bids by sending notices by mail to prospective bidders and by
posting the
notice on a public bulletin board for at least 10 business days
before the
date stated in the notice for the opening of the bids unless
otherwise
provided by law. All bids shall be sealed when received and
shall be
opened in public at the hour stated in the notice.
(2) The director of purchases shall
make prepare a detailed report at
least once in each calendar quarter to the legislative
coordinating council
and the chairpersons of the senate committee on ways and
means and
the house of representatives committee on
appropriations of all cases
when the instances in which the director
waived publication of the notice
of bid solicitations in the Kansas register have been
waived under as
provided in this subsection. The director shall submit
the report to the
legislative coordinating council, the chairperson of the
committee on ways
and means of the senate, the chairperson of the committee on
appropri-
ations of the house of representatives and the chairperson of
the Kansas
performance review board.
(c) All purchases estimated to exceed approximately
$5,000 $25,000
but not more than $10,000 $50,000, shall be
made after receipt of sealed
bids following at least three days' notice posted on a public
bulletin board
in the office of the director of purchases.
The director of purchases also
may solicit sealed bids by mail in such cases in like
manner as provided
in subsection (b).
(d) All purchases estimated to be less
more than $5,000, but less than
$25,000, may be made after the receipt of three or more bid
solicitations
by telephone and after receipt of, telephone
facsimile or sealed bids bid,
following at least three days' notice posted on a public bulletin
board in
the office of the director of purchases. Such bids
shall be recorded as
provided in subsection (e) of K.S.A. 75-3740 and amendments
thereto.
Any purchase that is estimated to be less than $5,000 may be
purchased
under conditions and procedures prescribed by the director of
purchases.
Purchases made in compliance with such conditions and procedures
shall
be exempt from other provisions of this section.
(e) With the approval of the secretary of
administration, the director
of purchases may delegate authority to any state agency to make
pur-
chases of less than $10,000 either on the open market
or $25,000 under
certain prescribed conditions and procedures. The director of
purchases
shall make prepare a report at least once
in each calendar quarter to the
legislative coordinating council and the chairpersons of
the senate com-
mittee on ways and means and the house of representatives
committee
on appropriations of all current and existing
delegations of authority un-
der to state agencies as provided in this
subsection to state agencies. The
director shall submit the report to the legislative coordinating
council, the
chairperson of the committee on ways and means of the senate,
the chair-
person of the committee on appropriations of the house of
representatives
and the chairperson of the Kansas performance review
board.
(e) (f) Subject to the provisions of
subsection (d) (e), contracts and
purchases shall be based on specifications approved by the director
of
purchases. When deemed applicable and feasible by the director of
pur-
chases, such specifications shall include either energy efficiency
standards
or appropriate life cycle cost formulas, or both, for all supplies,
materials,
equipment and contractual services to be purchased by the state.
The
director of purchases may reject a contract or purchase on the
basis that
a product is manufactured or assembled outside the United States.
No
such specifications shall be fixed in a manner to effectively
exclude any
responsible bidder offering comparable supplies, materials,
equipment or
contractual services.
(f) (g) Notwithstanding anything
herein to the contrary, all contracts
with independent construction concerns for the construction,
improve-
ment, reconstruction and maintenance of the state highway system
and
the acquisition of rights-of-way for state highway purposes shall
be ad-
vertised and let as now or hereafter provided by law.
(g) The director of purchases (h) The
director of purchases may
authorize state agencies to contract for services and materials
with other
state agencies, or with federal agencies, political subdivisions of
Kansas,
agencies of other states or subdivisions thereof, or private
nonprofit ed-
ucational institutions, without competitive bids.
(i) The director of purchases may participate in, sponsor,
conduct, or
administer a cooperative purchasing agreement or consortium for
pur-
chases of supplies, materials, equipment, and contractual
services with
federal agencies or agencies of other states or local units of
government.
Cooperative purchasing agreements entered into under this
subsection
shall not be subject to K.S.A. 75-3739 through 75-3740a, and
amendments
thereto. Nothing in this subsection shall allow federal grant
moneys to be
handled differently from any other moneys of the state unless
the require-
ments of the applicable federal grant specifically require such
federal mon-
eys to be handled differently.
(j) The director of purchases may delegate authority to any
state
agency to make purchases under certain prescribed conditions and
pro-
cedures when the acquisition is funded, in whole or in part,
from a grant.
Purchases made in compliance with such conditions and procedures
shall
be exempt from other provisions of this section. As used in this
subsection
the term ``grant'' means a disbursement made from federal or
private
funds, or a combination of these sources, to a state
agency.
(k) The director of purchases shall prepare a detailed
report at least
once each calendar quarter of all contracts for services,
supplies, materials
or equipment entered into pursuant to subsection (h), (i) or (j)
and submit
it to the legislative coordinating council, the chairperson of
the committee
on ways and means of the senate, the chairperson of the
committee on
appropriations of the house of representatives and the
chairperson of the
Kansas performance review board.
(h) (l) Except as otherwise
specifically provided by law, no state
agency shall enter into any lease of real property without the
prior ap-
proval of the secretary of administration. Such
A state agency shall submit
to the secretary of administration such information relating to any
such
proposed lease of real property as the secretary may
require. The sec-
retary of administration shall either approve, modify and approve
or reject
any such proposed lease.
(i) (m) The director of purchases
shall require all bidders on state
contracts to disclose all substantial interests held by the bidder
in the
state.
Sec. 28. K.S.A. 46-1604, 46-1701, 46-2101, 46-2102,
68-2003, 75-
2935, 75-3739, 75-4703, 75-4706, 75-4707, 75-4709, 75-4740,
75-4741,
75-4742, 75-4743, 75-4744, 75-5147, 75-6301 and 76-3,100 and
K.S.A.
1997 Supp. 46-2201 and 65-34,154 are hereby repealed.
Sec. 29. This act shall take effect and be in force from
and after its
publication in the Kansas register.
Approved May 14, 1998
Published in the Kansas Registers May 21, 1998
__________