Read the full stored bill text
{As Amended by House Committee of the Whole}
Session of 2026
Substitute for HOUSE BILL No. 2798
By Committee on Higher Education Budget
3-16
AN ACT concerning postsecondary education; 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, 76-769 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (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) 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 provide for a competitive
bid process and prohibit a contractor from using an architect that is
employed by or a part of the same business entity as such contractor .
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Sub HB 2798—Am. by HCW 2
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. 2. 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 1, and amendments thereto, concerning easements, the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
Sub HB 2798—Am. by HCW 3
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 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 1,
and amendments thereto.
Sec. 3. 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
Sub HB 2798—Am. by HCW 4
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 1, 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. 4. 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 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 1, and amendments thereto.
Sec. 5. 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
Sub HB 2798—Am. by HCW 5
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 1, and amendments thereto.
Sec. 6. 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 1, and amendments thereto.
Sec. 7. 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 1, and amendments thereto.
Sec. 8. 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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
Sub HB 2798—Am. by HCW 6
(b) This section shall not apply to any state educational institution if
policies are promulgated by such state educational institution pursuant to
section 1, and amendments thereto.
Sec. 9. 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 1, and amendments thereto.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
Sub HB 2798—Am. by HCW 7
Sec. 10. 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:
(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 1, and amendments thereto.
Sec. 11. 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
Sub HB 2798—Am. by HCW 8
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 1, and amendments thereto.
Sec. 12. 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:
(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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
Sub HB 2798—Am. by HCW 9
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 1, 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 1, 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. 13. 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.
Sec. 14. 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. 15. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32