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HOUSE BILL No. 2560
AN ACT concerning postsecondary education ; authorizing the state board of regents on
behalf of Kansas state university to sell certain real property in the city of Manhattan,
Riley county, Kansas; granting state educational institutions the authority to conduct
transactions involving contracts, easements and the procurement of goods and
services; exempting such state educational institutions from statutes governing such
transactions; authorizing legislators to request copies of certain documents; amending
K.S.A. 74-3264, 75-1251, 75-2131, 75-3729, 75-3731a, 75-3743, 75-3744, 75-
37,115, 75-5802, 75-6606 and 76-769 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The state board of regents is hereby authorized
and empowered, for and on behalf of Kansas state university, to sell
and convey all of the rights, title and interest subject to all easements
and appurtenances in the following described real estate located in the
city of Manhattan, Riley county, Kansas:
FRATERNITY KNOLL ADDITION, S12, T10, R07E, Lot 3,
ACRES 1.3, (1930 College Heights Road, Manhattan, Riley County,
Kansas also known as Parcel ID# 081-211-12-0-40-20-003.00.0) in
Riley County, Kansas.
Commencing at a point on the southeast corner of Lot 3 Fraternity
Knoll Addition, S12, T10, RO7E, 222.44 feet West, thence North
263.31 feet, thence East 222.48 feet, thence South 263.37 feet to the
place of beginning.
(b) Conveyance of such rights, title and interest in such real estate
shall be executed in the name of the state board of regents by its
chairperson and executive officer. All proceeds from the sale and
conveyance thereof shall be deposited in the housing system repair,
equipment and improvement fund (367-00-5641-4740) of Kansas state
university. Such real estate shall be conveyed on or before July 1, 2028.
(c) No conveyance of real estate authorized by this section shall be
made or accepted by the state board of regents until the deeds, titles and
conveyances have been reviewed and approved by the attorney general.
In the event that the state board of regents determines that the legal
description of the real estate described in this section is incorrect, the
state board of regents may convey the property utilizing the correct
legal description, but the deed conveying the property shall be subject
to the approval of the attorney general. The conveyance authorized by
this section shall not be subject to the provisions of K.S.A. 75-3043a or
75-6609, and amendments thereto.
New Sec. 2. (a) As used in this section, "state educational
institution" means the same as defined in K.S.A. 76-711, and
amendments thereto.
(b) Notwithstanding any other law to the contrary, pursuant to
policies promulgated by the state educational institution and approved
by the state board of regents, each state educational institution shall
have the power, which may be exercised as necessary and practical for
the operation and mission of such state educational institution, to:
(1) Execute contracts, other instruments and agreements necessary
or convenient for the exercise of the state educational institution's
powers and functions, including, but not limited to, making and
executing contracts with public or private entities for the operation,
management or support of any state educational institution facilities,
programs or activities;
(2) (A) procure goods, services, materials, supplies, printing and
insurance, including, but not limited to, all vendor relationships and
construction and development services, except that the procurement
policies of each state educational institution shall:
(i) Provide for a competitive bid process subject to the provisions
of clause (iii) as applicable;
(ii) prohibit a contractor from using an architect that is employed
by or a part of the same business entity as such contractor unless the
state educational institution's director of facilities or such director's
designee reviews the architectural drawings to ensure compliance with
the contract documents and the state educational institution's building
standards; and
HOUSE BILL No. 2560—page 2
(iii) for the procurement of architectural, engineering surveying
and related design services, provide for a qualifications-based selection
process under which the demonstrated qualifications and competence
of a firm is considered, and the price of such services is not requested
or used prior to the selection and commencement of negotiations with
the most qualified firm.
(B) Pursuant to the promulgated policy, any state educational
institution may request and use the list of firms qualified to provide
engineering or land surveying services prepared pursuant to K.S.A. 75-
5803, and amendments thereto; and
(3) grant or convey right-of-way easements, with or without
consideration, across, over, upon or under any land that is in the
custody and control of such state educational institution and belongs to
such state educational institution or the state of Kansas. Such easements
may include rights for parking, playground or other related uses and
rights of ingress or egress for the purpose of constructing, maintaining
or removing any facility, equipment, pipeline, power line, sewer or
other public utility installation or any equipment or appurtenances
necessary to the operation thereof. Such policies shall safeguard the
public interest and protect the use, whether present or future, of such
state lands, together with any improvements thereon.
(c) Notwithstanding any other law to the contrary, subject to
policies promulgated by the state educational institution and, to the
extent such policies relate to statutory requirements from which state
educational institutions are exempt, also approved by the state board,
each state educational institution shall not be subject to any additional
policy, process or procedure that requires the submission, review or
approval of the procurement, purchase or contracting for goods or
services or of any easements.
(d) Pursuant to policies promulgated by the state educational
institution and approved by the state board, each state educational
institution shall maintain an inventory record showing all fixed and
movable property of such state educational institution.
(e) A legislator is authorized to request and receive from a state
educational institution and the state board of regents a copy of all
policies promulgated pursuant to this section and a copy of any signed
contract with public or private entities for the operation, management
or support of any state educational institution facilities, programs or
activities. Each request for a copy of such document or documents shall
be acted upon as soon as possible but not later than the end of the 5 th
business day following the date that the request is received.
Sec. 3. K.S.A. 74-3264 is hereby amended to read as follows: 74-
3264. (a) In addition to the authority provided for the granting or
conveying of right-of-way easements under K.S.A. 75-2131, and
amendments thereto, the state board of regents or a designee, with or
without receiving consideration therefor, may grant or convey right-of-
way easements across, over, under, upon or through any land belonging
to the state , and under the custody and control of the board of regents ,
to any person a public entity or public utility . Such easements may
permit use of the land for purposes of access, convenience or necessity
and such other right-of-way purposes as are customarily related to such
easements. Such easements may be granted or conveyed by the board
of regents or a designee without further legislative authorization but,
before becoming operative, must shall be submitted to the attorney
general for approval as to form. If policies are promulgated by a state
educational institution pursuant to section 2, and amendments thereto,
concerning easements, the provisions of this subsection shall not apply
to such state educational institution.
(b) The state board of regents may designate the chief executive
officers of the state educational institutions to act on behalf of the state
board in exercising the authority provided for the granting or conveying
of right-of-way easements under subsection (a).
(c) Except as provided further, the provisions of K.S.A. 75-2132,
75-2133 and 75-2134, and amendments of such sections thereto, apply
HOUSE BILL No. 2560—page 3
to the granting or conveying of easements under authority of this
section. The provisions of K.S.A. 75-2132, and amendments thereto,
shall not apply to a state educational institution if policies concerning
easements are promulgated by such state educational institution
pursuant to section 2, and amendments thereto.
Sec. 4. K.S.A. 75-1251 is hereby amended to read as follows: 75-
1251. As used in K.S.A. 75-1250 through 75-1267, and amendments
thereto, unless the context otherwise requires, the following terms shall
be defined as follows:
(a) "Firm" means any individual, firm, partnership, corporation,
association, or other legal entity that is permitted by law to practice the
profession of architecture, engineering or land surveying.
(b) "Negotiating committee" means a committee to negotiate as
provided in this act, and consisting of the following members:
(1) The head of the state agency for which the proposed project is
planned or of the state agency that controls and supervises the operation
and management of the institution for which the proposed project is
planned, if such is the case, or a person designated by the head of the
agency;
(2) the head of the institution for which the proposed project is
planned, or a person designated by the head of the institution. When the
proposed project is not planned for an institution, the state agency head
shall designate a second person in lieu of the head of an institution; and
(3) the secretary of administration, or a person designated by the
secretary, who shall act as chairperson of the committee.
(c) "Architectural services" means any of the following:
(1) The practice of architecture, as defined in K.S.A. 74-7003, and
amendments thereto;
(2) the practice of landscape architecture, as defined in K.S.A. 74-
7003, and amendments thereto; and
(3) interior design services.
(d) "Project architect, engineer or land surveyor" means a firm
employed under K.S.A. 75-1250 through 75-1267, and amendments
thereto, for a particular project.
(e) "State building advisory commission" means the state building
advisory commission created by K.S.A. 75-3780, and amendments
thereto, or any duly authorized officer or employee of such
commission.
(f) (1) "State agency" includes means, except as otherwise
provided in paragraph (2), any state institution.
(2) "State agency" does not include any state educational
institution if policies are promulgated by such state educational
institution pursuant to section 2, and amendments thereto.
(g) "Engineering services" means those services described as the
"practice of engineering ," as defined in K.S.A. 74-7003, and
amendments thereto, as related to building construction defined in this
section.
(h) "Land surveying" means those services described as
"professional surveying ," as defined in K.S.A. 74-7003, and
amendments thereto, as related to building construction defined in this
section.
(i) "Agency head" means the chief administrative officer of a state
agency, as the term is defined in subsection (3) of K.S.A. 75-3701 (3),
and amendments thereto, but shall. "Agency head" does not include the
chief administrative officer of any state institution.
(j) "Building construction" means furnishing and utilizing labor,
equipment, materials or supplies used or consumed for the
construction, alteration, renovation, repair or maintenance of a building
or structure. "Building construction" does not include highways, roads,
bridges, dams, turnpikes or related structures, including, but not limited
to, rest areas and visitor centers or stand-alone parking lots.
Sec. 5. K.S.A. 75-2131 is hereby amended to read as follows: 75-
2131. (a) Any agency head, as defined in K.S.A. 75-3208, and
amendments thereto, or the governing body of any state board or
HOUSE BILL No. 2560—page 4
agency having custody and control of any land belonging to the state of
Kansas, with or without receiving consideration therefor, may grant or
convey right-of-way easements across, over, upon or under any such
state land to any municipal corporation, quasi-municipal corporation,
the secretary of transportation or to any person, firm or corporation
owning or operating any public utility. Such easements may include
rights for municipal parking, playground or other municipal uses and
rights of ingress or egress for the purpose of constructing, maintaining
or removing any pipeline, power line, sewer or other public utility
installation or any equipment or appurtenances necessary to the
operation thereof. Any such easement, before becoming operative, shall
be submitted to the attorney general for approval as to form.
(b) This section shall not apply to any state educational institution
if policies are promulgated by such state educational institution
pursuant to section 2, and amendments thereto.
Sec. 6. K.S.A. 75-3729 is hereby amended to read as follows: 75-
3729. (a) The director of accounts and reports shall design, devise and
direct the use of inventory records by all state agencies to show all
fixed and movable property of the state. The records shall be based on a
physical inventory and shall be, charged with all subsequent purchases,
manufacture of property or other methods of acquisition and shall be
reduced by all property traded in, condemned or otherwise disposed of.
The accuracy of such property record shall be verified periodically by
actual inspection of such property by the state agency and shall be
verified periodically by the division of accounts and reports. The state
agencies may be required to take physical inventory of such properties
annually and at such other times as the director of accounts and reports
may direct.
(b) This section shall not apply to any state educational institution
if policies are promulgated by such state educational institution
pursuant to section 2, and amendments thereto.
Sec. 7. K.S.A. 75-3731a is hereby amended to read as follows: 75-
3731a. (a) Subject to the approval of the secretary of administration,
the director of accounts and reports may prescribe limitations and
procedures relating to expenditures for official hospitality by agencies
within the executive branch of state government.
(b) This section shall not apply to any state educational institution
if policies are promulgated by such state educational institution
pursuant to section 2, and amendments thereto.
Sec. 8. K.S.A. 75-3743 is hereby amended to read as follows: 75-
3743. (a) Whenever the secretary of administration or any division
head of the department of administration shall so require, certain
specified contracts and leases of any state agency shall be approved as
to form or execution by the attorney general. All orders or requisitions
for supplies, materials and equipment shall be made on forms
prescribed by the director of accounts and reports, unless a purchase
order is required for each payment against a contract.
(b) This section shall not apply to any state educational institution
if policies are promulgated by such state educational institution
pursuant to section 2, and amendments thereto.
Sec. 9. K.S.A. 75-3744 is hereby amended to read as follows: 75-
3744. (a) Except as otherwise provided in this act and rules and
regulations adopted thereunder:
(a)(1) Every contract subject to the approval of the attorney
general shall be signed by the administrative head of the affected state
agency. No such contract shall be valid or effective without the
approval and signature of the director of purchases.
(b)(2) All other purchase orders and contracts issued or entered
into by the division of purchases shall be signed by the director of
purchases. Such purchase orders shall show on their face that an
appropriation fund or allotment has been encumbered for the full
amount of the liability.
(b) This section shall not apply to any state educational institution
if policies are promulgated by such state educational institution
HOUSE BILL No. 2560—page 5
pursuant to section 2, and amendments thereto.
Sec. 10. K.S.A. 75-37,115 is hereby amended to read as follows:
75-37,115. (a) There is hereby established the Kansas quality program
within the department of administration for the purposes of providing
procedures and incentives for the enhancement of quality in the
business of state government. The secretary of administration shall
administer the program and shall promote and assist the creation and
development of Kansas quality teams in each state agency. The
secretary of administration shall develop and coordinate appropriate
training programs for state officers and employees in total quality
management principles, which may include presentations by existing
total quality management programs in firms and other organizations
operating in Kansas.
(b) (1) The Kansas quality program shall be based on the
principles of total quality management. The program shall provide
opportunities for involvement of as many officers and employees of
each state agency in Kansas quality teams as practicable to examine
and improve the operations and activities of the state agency, except
that no Kansas quality team shall be composed of more than 40
members unless specifically authorized by the secretary of
administration. The Kansas quality program shall provide opportunities
for individual quality improvement activities and recognition where
such activities are determined to be more efficient and effective than
establishing a Kansas quality team.
(2) In accordance with this section and with policies, procedures
and guidelines prescribed by rules and regulations adopted by the
secretary of administration, each state agency shall prepare a quality
improvement plan containing proposed activities and quality goals for
the state agency during a specified fiscal year or a portion thereof. Each
quality improvement plan shall include comprehensive goals and
specific goals for individual achievement or team achievement, shall be
based on performance standards and other objective measures and shall
be submitted for review and approval by the secretary of
administration. All performance standards and other objective measures
shall be stated in terms of quantitative measures in accordance with
rules and regulations adopted by the secretary of administration under
this section.
(c) The secretary of administration shall adopt rules and
regulations for the administration and implementation of the Kansas
quality program.
(d) As used in this section, "state agency" has the meaning
ascribed thereto by means the same as defined in K.S.A. 75-3701, and
amendments thereto , except that "state agency" does not include any
state educational institution if policies are promulgated by such state
educational institution pursuant to section 2, and amendments thereto.
Sec. 11. K.S.A. 75-5802 is hereby amended to read as follows: 75-
5802. As used in this act unless the context specifically requires
otherwise:
(a) "Firm" means any individual, firm, partnership, corporation,
association, or other legal entity permitted by law to practice the
profession of engineering and provide engineering services or practice
the profession of land surveying and provide land surveying services.
(b) "Engineering services" means those services described as the
"practice of engineering ," as defined in K.S.A. 74-7003, and
amendments thereto.
(c) "Land surveying" means those services described as
"professional surveying ," as defined in K.S.A. 74-7003, and
amendments thereto.
(d) "Agency head" means the chief administrative officer of a state
agency, as that term is defined in subsection (3) of K.S.A. 75-3701 (3),
and amendments thereto, but shall. "Agency head" does not include the
chief administrative officer of any state institution.
(e) "Negotiating committee" means a committee designated to
negotiate as provided in this act, and consisting of:
HOUSE BILL No. 2560—page 6
(1) The agency head of the state agency for which the proposed
project is planned, or a person designated by such agency head;
(2) the secretary of administration , or a person designated by such
secretary; and
(3) the chief administrative officer of the state institution for
which the proposed project is planned , or, when the proposed project is
not planned for a state institution, the agency head shall designate a
second person in lieu of the chief administrative officer of a state
institution.
(f) "Project" means any capital improvement project or any study,
plan, survey or program activity of a state agency, including
development of new or existing programs and preparation of federal
grant applications.
(g) "State building advisory commission" means the state building
advisory commission created by K.S.A. 75-3780, and amendments
thereto, or any duly authorized officer or employee of such
commission.
(h) "State agency" means the same as defined in K.S.A. 75-3701,
and amendments thereto, except that "state agency" does not include
any state educational institution if policies are promulgated by such
state educational institution pursuant to section 2, and amendments
thereto.
Sec. 12. K.S.A. 75-6606 is hereby amended to read as follows: 75-
6606. (a) Except as provided in subsection (b) and K.S.A. 75-6612 and
75-6613, and amendments thereto, all sales, trade-ins or other
disposition of personal property owned by state agencies shall be made
in accordance with the state surplus property act and rules and
regulations authorized by such act.
(b) Subject to rules and regulations adopted pursuant to the state
surplus property act or as otherwise directed by the governor, state
agencies may transfer or loan personal property to other state agencies
with or without charging a fee therefor. In accordance with procedures
prescribed by the director of purchases, a state agency may trade in
personal property in conjunction with a purchase by the state agency.
The state agency shall give the secretary of administration or a designee
of the secretary notice of the proposed trade-in. The secretary of
administration or the secretary's designee may elect to provide for
disposition of the property under the surplus property program in lieu
of permitting the state agency to trade in the property.
(c) A state educational institution as defined in K.S.A. 76-711, and
amendments thereto, shall not be required to sell, trade-in trade in or
dispose of personal property owned by such institution as required by
the state surplus property act or any rules and regulations adopted
pursuant thereto. A state educational institution shall sell, trade-in trade
in or dispose of such personal property in accordance with policies
adopted by the state board of regents or policies promulgated by the
state educational institution pursuant to section 2, and amendments
thereto.
Sec. 13. K.S.A. 76-769 is hereby amended to read as follows: 76-
769. (a) As used in this section:
(1) "State educational institution" means any state educational
institution as defined in K.S.A. 76-711, and amendments thereto.
(2) "Professional services" means professional services as defined
in K.S.A. 75-37,131, and amendments thereto.
(3) "State board" means the state board of regents.
(4) (A) "Services" means any professional services or other
contractual services.
(B) "Services" does not mean architectural services, engineering
services, construction, construction management or ancillary technical
services.
(5) "Municipality" means any political or taxing subdivision of the
state and any agency or instrumentality of a political or taxing
subdivision of the state.
(6) "Lease of real property" means:
HOUSE BILL No. 2560—page 7
(A) Any agreement to lease real property:
(1) Between a state educational institution and one or more of its
affiliated corporations;
(2) between a state educational institution and a municipality;
(3) between a state educational institution and any other party for
vacant space that is less than 10,000 square feet; or
(4) between a state educational institution and any other party for
a term not to exceed 24 months.
(B) "Lease of real property" includes any agreement to lease real
property from a state educational institution and any agreement to lease
real property to a state educational institution.
(b) Any supplies, materials, equipment, goods, property, printing
or services may be acquired by a state educational institution, and any
lease of real property may be entered into by a state educational
institution. Any such acquisition or lease shall be in accordance with
policies adopted by the state board or policies promulgated by any
state educational institution pursuant to section 2, and amendments
thereto, and shall not be subject to K.S.A. 75-1005, 75-3737a through
75-3741b, 75-3742 through 75-3744 and 75-37,130 through 75-37,134,
and amendments thereto, or any rules and regulations or policies
adopted thereunder. Nothing in this subsection shall be construed as
prohibiting a state educational institution from using contracts
established or services offered by the director of purchases.
(c) The acquisition of any articles or products produced by
inmates in the custody of the secretary of corrections that may be
required by a state educational institution may be acquired in
accordance with policies adopted by the state board or policies
promulgated by any state educational institution pursuant to section 2,
and amendments thereto . Any such acquisition shall not be subject to
the provisions of the prison-made goods act of Kansas requiring any
such acquisition to be made from the secretary of corrections as
provided in K.S.A. 75-5273 through 75-5282, and amendments thereto,
or any rules and regulations or policies adopted thereunder.
New Sec. 14. The provisions of this act are declared severable.
Any provision of this act or the application thereof to any person or
circumstance that is held to be unconstitutional or invalid shall not
affect the validity of any remaining provisions of this act or the
applicability of such provisions to any person or circumstance.
HOUSE BILL No. 2560—page 8
Sec. 1 5. K.S.A. 74-3264, 75-1251, 75-2131, 75-3729, 75-3731a,
75-3743, 75-3744, 75-37,115, 75-5802, 75-6606 and 76-769 are hereby
repealed.
Sec. 16. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.