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(Corrected)
{As Amended by House Committee of the Whole}
Session of 2026
HOUSE BILL No. 2793
By Committee on Appropriations
Requested by Representative Tarwater
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AN ACT enacting the Kansas sports facilities authority act to establish a
sports authority to provide for the construction, financing and
management of certain sports facilities and sports facility infrastructure
and create venues for professional sports and other events.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) Sections 1 through 8, and amendment thereto, shall be
known and may be cited as the Kansas sports facilities authority act.
(b) The purpose of the act is to provide for the construction,
financing, management and long-term use of sports facilities and sports
facility infrastructure as venues for professional sports and a broad range
of other civic, community, athletic, educational, cultural and commercial
activities. The legislature finds that the expenditure of public money for
this purpose is necessary, serves a public purpose and promotes the general
welfare, and that property acquired by the Kansas sports facilities authority
for the construction of sports facilities and sports facilities infrastructure is
acquired for a public use and serves a public purpose. The legislature
further finds that any provision in a lease or use agreement with a
professional sports team that requires such team to play substantially all of
its home games in a publicly funded sports facility for the duration of the
lease or use agreement serves a unique public purpose for which
enforcement is essential through the remedies of specific performance and
injunctive relief.
Sec. 2. As used in this act:
(a) "Act" means the Kansas sports facilities authority act.
(b) "Authority" means the Kansas sports facilities authority
established under section 3, and amendments thereto.
(c) "Professional sports" means the national football league.
(d) "Professional sports team" means an organization that is a
franchised member of the national football league engaged in the business
of professional American football.
(e) "Sports facility" means, as designed, constructed, financed or
managed pursuant to this act, a stadium, arena, field or other similar
structure, including a practice facility for a professional sports team or a
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professional sports team headquarters building, and any enclosed or open-
air entertainment or event venue, including, but not limited to, a
recreational venue such as a ballpark, that is physically connected to or
integrated with such facility and intended to support, complement or
enhance the use, operation or fan experience of the sports facility.
(f) "Sports facility infrastructure" means plazas, walkways,
landscaping, lighting, fencing, security infrastructure, parking facilities
and structures, roadway and access improvements, including, but not
limited to, streets, sidewalks, rights-of-way, intersections, medians, ramps,
connectors, skyways and tunnels and other improvements intended to
support pedestrian or vehicular circulation, utilities, including, but not
limited to, water, sanitary sewer, storm sewer, electrical, gas,
telecommunications, fiber and related distribution systems and other such
property, facilities and improvements, owned by the authority or
determined by the authority to facilitate the use and development of a
sports facility pursuant to this act.
Sec. 3. (a) (1) The Kansas sports facilities authority is established
as a body corporate and politic and a political subdivision of the state. The
authority is not an agency or instrumentality of any city or county. Any
obligation, liability or debt of the authority shall constitute an obligation,
liability or debt only of the authority and shall not constitute a liability or
obligation of the state of Kansas or a debt of the state of Kansas within the
meaning of section 6 or 7 of article 11 of the constitution of the state of
Kansas.
(2) Before the appointment of any person as a member of the
authority, the Kansas bureau of investigation shall conduct a criminal
history record check and background investigation of the person in
accordance with K.S.A. 2025 Supp. 22-4715, and amendments thereto.
Appointment shall be subject to the appointing authority's review of the
criminal history record check and background investigation.
(b) The authority shall consist of nine {11} voting members {,
including, as provided by subsection (d), two members who are
mayors of cities where a sports facility is located and nine members}
who are legal residents of the state of Kansas and have relative education,
training and experience related to facility administration, accounting, law,
marketing or other pertinent fields, as follows:
(1) One member appointed by the governor who shall serve until
December 31 of the third year following appointment. Thereafter, each
such member appointed by the governor shall serve a four-year term,
beginning on January 1. Each such member shall serve until a sucessor is
appointed and takes office;
(2) one member appointed by the president of the senate who shall
serve until December 31 of the third year following appointment.
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Thereafter, each member appointed by the president of the senate shall
serve a four-year term, beginning on January 1. Each such member shall
serve until a successor is appointed and takes office;
(3) one member appointed by the senate majority leader who shall
serve until December 31 of the third year following appointment.
Thereafter, each member appointed by the senate majority leader shall
serve a four-year term, beginning on January 1. Each such member shall
serve until a successor is appointed and takes office;
(4) one member appointed by the senate minority leader who shall
serve until December 31 of the third year following appointment.
Thereafter, each member appointed by the senate minority leader shall
serve a four-year term, beginning on January 1. Each such member shall
serve until a successor is appointed and takes office;
(5) one member appointed by the speaker of the house of
representatives who shall serve until December 31 of the third year
following appointment. Thereafter, each member appointed by the speaker
of the house of representatives shall serve a four-year term, beginning on
January 1. Each such member shall serve until a successor is appointed
and takes office;
(6) one member appointed by the house of representatives majority
leader who shall serve until December 31 of the third year following
appointment. Thereafter, each member appointed by the house of
representatives majority leader shall serve a four-year term, beginning on
January 1. Each such member shall serve until a successor is appointed
and takes office;
(7) one member appointed by the house of representatives minority
leader who shall serve until December 31 of the third year following
appointment. Thereafter, each member appointed by the house of
representatives minority leader shall serve a four-year term, beginning on
January 1. Each such member shall serve until a successor is appointed
and takes office;
(8) the secretary of commerce or acting secretary of commerce who
shall serve at the pleasure of the governor; and
(9) a representative of the professional sports team that plays its
games in the sports facility owned by the authority appointed by the
professional sports team who shall serve until December 31 of the fourth
year following appointment. Thereafter, each member appointed by the
professional sports team shall serve a four-year term, beginning on January
1. Each such member appointed by the professional sports team shall serve
until a successor is appointed and takes office.
(c) The initial members of the authority shall be appointed not later
than August 31, 2026.
(d) (1) The mayor {mayors} of any city in which {up to two cities
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where} a sports facility of the authority is located shall be entitled to
nonvoting, ex officio membership in the authority if:
(A) Such city passes an ordinance electing to participate in a STAR
bond project as defined in K.S.A. 12-17,162(aa)(2), and amendments
thereto;
(B) such participation is not withdrawn, repealed, terminated or
rendered ineffective; and
(C) such city's pledge of applicable local sales, use or transient guest
tax revenue is not conditioned in a manner that:
(i) Limits or restricts the secretary's authority to establish or modify a
STAR bond project district as defined in K.S.A. 12-17,162(cc)(2), and
amendments thereto, for purposes of pledging state revenues;
(ii) provides for termination or reduction of such local pledge based
on actions taken by the secretary with respect to the establishment,
modification or scope of a STAR bond project district as defined in K.S.A.
12-17,162(cc)(2), and amendments thereto, or the pledge of state revenues;
or
(iii) conflicts with the terms and conditions set forth in the STAR
bond agreement dated December 22, 2025, and executed by the Kansas
city chiefs football club, inc. and the state of Kansas.
(2) Such ex officio membership shall be expressly conditioned upon
the continued satisfaction of the requirements set forth in subparagraphs
(1)(A), (B) and (C) above.
(e) Members of the authority may be compensated as provided by
K.S.A. 75-3223, and amendments thereto, including a paid per diem and
mileage reimbursement.
(f) The chairperson of the authority shall be elected by a majority of
the voting members of the authority for a four-year term. The chairperson
shall preside at all meetings of the authority, if present, and perform all
other assigned duties and functions. The authority may appoint from
among its voting members a vice chairperson to act for the chairperson
during the temporary absence or disability of the chairperson and any other
officers the authority determines are necessary or convenient.
(g) Each member of the authority shall serve at the pleasure of the
entity or holder of the office authorized to appoint such member.
(h) The authority shall adopt bylaws to establish rules of procedure,
the powers and duties of its officers and other matters relating to the
governance of the authority and the exercise of its powers.
(i) The authority shall engage a third-party independent auditor to
audit the books and accounts of the authority annually. The authority shall
engage a different independent auditor every three years to conduct such
audit.
(j) The authority may appoint an executive director to serve as the
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chief executive officer of the authority. Such executive director shall serve
at the pleasure of the authority and shall receive compensation as
determined by the authority and approved by the state finance council
acting on this matter, which is hereby characterized as a matter of
legislative delegation and subject to the guidelines prescribed by K.S.A.
75-3711c(c), and amendments thereto. {Such compensation for the
executive director shall be paid from rents paid to the authority by the
professional sports team that plays its games in the sports facility
owned by the authority. No public funds shall be used for
compensation for the executive director. } As prescribed and directed by
the authority, the executive director shall be responsible for the operation,
management and promotion of activities of the authority. The executive
director shall have such powers necessarily incident to the performance of
the executive director's duties and such powers granted by the authority,
except that the executive director shall not have authority to incur liability
or make expenditures on behalf of the authority without general or specific
direction by the authority evidenced by the authority's bylaws or minutes
of a meeting of the authority.
(k) The authority may authorize additional employees. The executive
director shall be responsible for hiring, supervision and dismissal of all
other employees of the authority.
(l) The authority shall establish a website for purposes of providing
information to the public concerning all actions taken by the authority. At a
minimum, the website shall contain a current version of the authority's
bylaws, notices of upcoming meetings, minutes of the authority's meetings
and a telephone number and email address for public comments.
(m) Any five {seven} voting members shall constitute a quorum for
the conduct of business. Action may be taken upon the vote of a majority
of members present at a meeting duly called and held.
(n) In the event that immediate action is required for which a meeting
cannot be timely convened, the authority may act by written consent,
signed by all voting members, whose consent shall have the same effect as
unanimous action taken at a meeting of the authority duly called and held
with a quorum present. Members may also meet by telephone conference
or may attend a meeting by any two-way telephonic communication
system or video conference system {The authority shall be subject to the
provisions of the open meetings act and the open records act}.
Sec. 4. (a) Any sports facility or sports facility infrastructure
constructed or acquired by the authority shall be a part of the authority.
(b) Any {Except as provided in subsection (c), any} other sports
facility may be acquired as a part of the authority upon satisfaction of the
following factors and approval of the authority:
(1) The governing body, whether a public or private entity, of the
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sports facility has made a request to the authority to become a sports
facility that is a part of the authority;
(2) such governing body and the authority have negotiated an
agreement with respect to the transfer by the governing body to the
authority of all obligations and responsibilities pertaining to such sports
facility, including, but not limited to, outstanding debt, revenue sources,
finance, funding, management, operations, equipment, repair and
replacements, capital improvements, reserves, contracts and agreements;
(3) if separate entities, such governing body and the professional
sports team that is the primary user of such sports facility have made a
joint recommendation to the authority that such sports facility become a
part of the authority;
(4) the authority finds that the inclusion of such sports facility in the
authority will not have a negative impact on the authority or the state
general fund or become an obligation of the state of Kansas; and
(5) such governing body shall have provided any other information
and met any additional requirements requested by the authority.
{(c) Nothing in this act shall authorize the authority to enter into
any contract, agreement or business relationship with any other
professional sport or franchise other than a professional sports team
that is a franchised member of the national football league engaged in
the business of professional American football. Any such action taken
by the authority in violation of the provisions of this act is null and
void.}
Sec. 5. (a) The authority is a body corporate and politic and a political
subdivision of the state of Kansas. The authority may exercise and hold the
duties, privileges, immunities, rights and liabilities and disabilities of an
authority of the state and as a body corporate and a political
instrumentality of the state. The authority may sue and be sued. Any
obligation, liability or debt of the authority shall constitute an obligation,
liability or debt only of the authority and shall not constitute an obligation
or liability of the state of Kansas or a debt of the state of Kansas within the
meaning of section 6 or 7 of article 11 of the constitution of the state of
Kansas.
(b) (1) (A) The authority may acquire from any public or private
entity by lease, purchase, gift or devise all necessary right, title and interest
in and to real property, air rights and personal property deemed necessary
for the purposes of this act.
(B) Any such property referenced under this act that is owned,
acquired or otherwise used by the authority shall be deemed exclusively
used for state purposes within the meaning of article 11 § 1(b) of the
constitution of the state of Kansas.
(C) The authority shall be exempt from any property or general ad
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valorem taxes levied under the laws of the state of Kansas upon any
property of the authority acquired and used for a sports facility or sports
facility infrastructure and upon any other property of the authority used for
the authority's public purposes and from any taxes or assessments upon
any projects or operations of the authority. The authority shall be exempt
from any taxes or assessments upon any project, property or local
obligation acquired or used by the authority under the provisions of this
act.
(2) The authority may sell, lease or otherwise dispose of any real or
personal property acquired by the authority that is no longer required for
the accomplishment of the authority's purposes.
(c) (1) The authority may develop, construct, equip, improve, own,
operate, manage, maintain, finance and control sports facilities, related
sports facility infrastructure and related facilities constructed or acquired
pursuant to this act, or may delegate such duties through an agreement,
subject to the rights and obligations transferred to and assumed by the
authority, a professional sports team, other user, third-party manager or
program manager, under the terms of a lease, use agreement or
development agreement.
(2) When purchasing construction, repairs, supplies, equipment,
furniture, furnishings, fixtures or contractual services, the authority and the
authority's contractors and agents shall utilize competition among
contractors and vendors to the extent reasonable and practicable under the
circumstances, to be determined in the sole discretion of the authority and
to such extent shall not be subject to the competitive bidding requirements
of K.S.A. 75-3739, 75-37,102 or 75-37,132, and amendments thereto.
(3) All sales of tangible personal property or services purchased for
the purpose of and in conjunction with the constructing, equipping or
furnishing of a sports facility or sports facility infrastructure by the
authority shall be exempt from the tax imposed by the Kansas retailers'
sales tax act and the Kansas compensating tax act and not be subject to
sales or use tax imposed by the state, any county, city, town, public
corporation or agency or subdivision or instrumentality thereof. When a
person contracts for the construction, equipping or furnishing of any such
sports facility or sports facility infrastructure, such person shall obtain
from the state and furnish to the contractor an exemption certificate for the
project involved, and the contractor may purchase materials, machinery
and equipment for incorporation in such project. The contractor shall
furnish the number of such certificates to all suppliers from whom such
purchases are made, and such suppliers shall execute invoices covering
such purchases bearing the number of such certificates. Upon completion
of the project, the contractor shall furnish to the authority a sworn
statement, on a form to be provided by the director of taxation, that all
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purchases so made were entitled to exemption under this paragraph. All
invoices shall be held by the contractor for a period of five years and shall
be subject to audit by the director of taxation. Any contractor or any agent,
employee or subcontractor thereof who uses or otherwise disposes of any
materials, machinery or equipment purchased under such a certificate for
any purpose other than that for which such a certificate is issued without
the payment of the sales or compensating tax otherwise imposed thereon
shall be guilty of a misdemeanor and, upon conviction thereof, shall be
subject to the penalties provided for in K.S.A. 79-3615(h), and
amendments thereto.
(d) The authority may employ persons, contract for services,
including legal services, and utilize employees and consultants retained by
other governmental entities as necessary to carry out the authority's
functions. The authority may enter into agreements with other
governmental entities or third parties necessary to accomplish the purposes
of this act.
(e) The authority may accept monetary contributions, pledges of
revenues, property, services and grants or loans of money or other property
from any source, including, but not limited to, the state, any subdivision of
the state, any agency of those entities or any person for any of its purposes,
and may enter into any agreement required in connection with the gifts,
grants or loans. The authority shall hold, use and dispose of the money,
property or services according to the terms of the monetary contributions,
grant, loan or agreement.
(f) The authority may lease, license or enter into use agreements and
may fix, alter, charge and collect rents, fees, including seat licensing fees,
and charges for the use, lease, license, occupation and availability of part
or all of any premises, property or facilities under the authority's
ownership, operation or control for purposes that will provide athletic,
educational, cultural, commercial or other entertainment, instruction or
activity for the citizens of Kansas and visitors. The use agreements may
provide that the other contracting party has exclusive use of the premises
at the times agreed upon, as well as the right to retain some or all revenues
from ticket sales, suite licenses, personalized seat licenses, concessions,
advertising, naming rights, professional sports team designated broadcast
or media, club seats, signage and other revenues derived from a sports
facility. The authority may contract with a professional sports team or
other third party to collect any such revenue on behalf of the authority.
(g) Any agreement by the authority for the lease, license, use or
management of a sports facility or sports facility infrastructure shall
require the lessee, licensee, user or manager to be responsible for all
liabilities and obligations arising out of the use, occupancy, operation,
management or control of the sports facility or sports facility
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infrastructure, except as expressly provided otherwise in such agreement.
No such agreement shall create an obligation of the state of Kansas,
liability against the state of Kansas or a debt of the state of Kansas within
the meaning of section 6 or 7 of article 11 of the constitution of the state of
Kansas.
(h) The authority may procure insurance in the amounts the authority
considers necessary against liability of the authority or its officers and
employees for personal injury or death and property damage or destruction
and against risks of damage to or destruction of any of its facilities,
equipment or other property. Any agreement by the authority for the lease,
license, use or management of a sports facility or sports facility
infrastructure shall require the lessee, licensee, user or manager to be
responsible for providing, at their sole cost and expense, insurance
coverage in the types and amounts consistent with professional sports
industry standards. The authority shall be named as an additional insured
on any such insurance coverage.
(i) The authority is hereby authorized to fix, charge and collect fees
or rents in order to recover all or part of the operating expenses incurred in
carrying out its functions.
(j) As authorized by the secretary of commerce, the authority shall
have the power to issue special obligation bonds in one or more series to
finance or refinance the acquisition, construction, development,
improvement or operation of any sports facility or sports facility
infrastructure project. Such bonds shall not be a general obligation of the
state. Any such bonds and interest thereon shall be an obligation only of
the authority and shall not constitute a debt of the state of Kansas within
the meaning of section 6 or 7 of article 11 of the constitution of the state of
Kansas.
(k) In addition to the powers expressly granted in this act and
provided that the exercise of such powers does not conflict with any
agreement between the authority and the professional sports team, the
authority shall have all powers necessary or incidental thereto, including,
but not limited to, the following:
(1) To make grants of money to other public or private persons and
any organization that is described in section 501(c)(3) of the federal
internal revenue code of 1986, as amended, or any corresponding
provision of any future revenue law;
(2) notwithstanding any other provision of law relating to the
investment of state moneys or interest thereon, to receive, hold, use,
deposit, withdraw, invest, expend and manage all funds and moneys of the
authority, including interest thereon, from any source;
(3) to deposit any moneys of the authority in any banking institution
within or without the state or in any depository authorized to receive such
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deposits, with one or more persons to act as custodians of the moneys in
each respective depository, and to give surety bonds in such amounts in the
form and for such purposes as the authority requires;
(4) to borrow money, including, but not limited to, borrowings
through the issuance of bonds, incur liabilities and pledge all or any part of
the assets of the authority or any of its controlled affiliates as security for
any of the operating needs; and
(5) to enter into such contracts, agreements, joint ventures,
partnerships, options, leases, loan agreements, deeds and other instruments
with public and private entities and take such other actions as may be
necessary or convenient to accomplish any purpose for which the authority
is organized or exercise any power expressly granted hereunder.
(l) Notwithstanding any other provision of law to the contrary, the
authority and its members, directors, employees and agents shall be
subject to and covered by the Kansas tort claims act, K.S.A. 75-6101 et
seq., and amendments thereto. The purchase of insurance, participation in
an insurance plan or creation of a self-insurance fund by the authority shall
not be deemed to be a waiver or relinquishment of any sovereign
immunity to which the authority or its directors, employees or agents are
otherwise entitled.
(m) (1) Commencing on January 15, 2027, and on or before January
15 of each year thereafter, the authority shall provide a written report to
the legislative coordinating council, the senate committee on commerce
and the house of representatives committee on commerce, labor and
economic development. Such report shall include, at the level of detail as
requested by the respective committee or chairperson thereof:
(A) (i) The current status of the sports facility and sports facility
infrastructure;
(ii) actions and operations of the authority during the previous year
with respect to the acquisition, construction and development of the sports
facility or sports facility infrastructure; and
(iii) the projected construction and development of the sports facility
and sports facility infrastructure and planned operations and actions of the
authority in the current year ahead;
(B) any other actions of the authority undertaken pursuant to the
provisions of this act; and
(C) any other information pertaining to the status, actions, activities
and operations of the authority requested by the respective committee or
chairperson thereof.
(2) At the request of any such committee, the chairperson and
executive director of the authority shall appear before such committee and
provide testimony regarding the report.
(n) Any lease or use agreement between the authority and a
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professional sports team shall provide for the disposition of the sports
facility upon expiration or nonrenewal of the agreement and relocation of
the team outside the state in a manner that ensures the authority shall have
no ongoing financial obligation, liability or maintenance responsibility.
Such provisions may include, but not be limited to:
(1) Conveyance of the sports facility and related improvements to the
professional sports team, with the team assuming all costs, liabilities and
obligations associated therewith; or
(2) payment by the professional sports team of the reasonable costs of
demolition of the primary stadium structure.
Sec. 6. (a) Sports facilities under this act shall be operated in a first-
class manner, similar to and consistent with other comparable sports
facilities of the same kind.
(b) The authority and the professional sports team shall agree to
minimum annual sports facility utilization requirements by the state and its
designees in order to host noncompeting community events, subject to
sports facility availability for which the professional sports team shall have
scheduling priority.
Sec. 7. The authority shall be exempt from the following laws, unless
otherwise provided for in this act:
(a) K.S.A. 12-1675 through 12-1677, and amendments thereto;
(b) K.S.A. 75-1250 through 75-1270, and amendments thereto;
(c) K.S.A. 75-2925 through 75-2975, and amendments thereto;
(d) K.S.A. 75-6601 through 75-6607, and amendments thereto;
(e) K.S.A. 77-501 through 77-550, and amendments thereto;
(f) K.S.A. 75-3739 through K.S.A. 75-3740, and amendments
thereto; and
(g) K.S.A. 75-37,102 and 75-37,132, and amendments thereto.
Sec. 8. (a) This act shall be liberally construed. Nothing contained
herein is or shall be construed as a restriction or limitation upon any
powers that the authority might otherwise have under any other law of this
state, and the provisions of this act are cumulative to such powers. The
provisions hereof shall be construed to provide a complete, additional and
alternative method for the doing of the things authorized hereby and shall
be regarded as supplemental and additional to any other laws. It is the
intent of the legislature to grant the authority all powers necessary and
convenient to develop, construct, acquire and operate sports facilities and
sports facility infrastructure in furtherance of the public purpose of
providing state-owned and operated venues for the economic, cultural and
recreational benefit of the citizens of the state. In carrying out such
purposes, the authority shall be deemed to be a political subdivision of the
state performing essential governmental functions. Insofar as the
provisions of this act are inconsistent with the provisions of any other law,
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HB 2793—Am. by HCW 12
whether general, specific or local, the provisions of this act shall be
controlling. Notwithstanding anything in this act to the contrary, the
powers granted to the authority shall not be exercised in a way that
conflicts with the terms and conditions set forth in the STAR bond
agreement dated December 22, 2025, and executed by the Kansas City
chiefs football club, inc. and the state of Kansas. Notwithstanding anything
in this act to the contrary, nothing in this subsection or this act shall be
construed so as to authorize, permit or provide any obligation, liability or
debt of the authority to be an obligation, liability or a debt of the state of
Kansas within the meaning of section 6 or 7 of article 11 of the
constitution of the state of Kansas.
(b) The provisions of this act are severable. If any portion of the act is
declared unconstitutional or invalid, or the application of any portion of
the act to any person or circumstance is held unconstitutional or invalid,
the invalidity shall not affect other portions of the act that can be given
effect without the invalid portion or application, and the applicability of
such other portions of the act to any person or circumstance shall remain
valid and enforceable.
Sec. 9. This act shall take effect and be in force from and after its
publication in the statute book.
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