K.S.A. § 12-17,181 — KS Code / Chapter 12 / Article 17 / Section 12-17,181
12-17,181 - Major professional sports franchise STAR bond projects; agreement by secretary authorized; establishment of project; limitations; expiration of authority; extension of authority and approval of project by legislative coordinating council; procedure; exceptions to open meetings and open records acts.
Status: in_force

12-17,181. Major professional sports franchise STAR bond projects; agreement by secretary authorized; establishment of project; limitations; expiration of authority; extension of authority and approval of project by legislative coordinating council; procedure; exceptions to open meetings and open records acts. (a) (1) Subject to paragraph (3) and subsections (b) and (c), the secretary of commerce is authorized to enter into an agreement with one or more major professional sports franchises for the purpose of establishing a major professional sports franchise STAR bond district and project for a major professional sports complex, as defined in K.S.A. 12-17,162(o), (p), (aa)(2) and (cc)(2), and amendments thereto, and financing such project in accordance with the provisions of the STAR bonds financing act applicable to such a project. Such district and project may be established and financed independently by the secretary or with the participation of a city or county pursuant to the provisions of K.S.A. 12-17,164 and 12-17,169, and amendments thereto, and other applicable provisions of the STAR bonds financing act.

(2) Subject to paragraph (3) and subsections (b) and (e), the secretary of commerce is authorized to approve a STAR bond district and project as described in paragraph (1) of a city or county.

(3) This authority granted pursuant to paragraphs (1) and (2) shall be limited to not more than two such districts and projects in total. No such STAR bond project district shall be approved or such agreement executed by the secretary after June 30, 2025, unless the secretary's authorization to enter into such an agreement or approve such a district is extended for an additional period of one year by the legislative coordinating council as provided in subsection (b).

(b) The legislative coordinating council may extend the authority of the secretary of commerce to approve a STAR bond project district or execute an agreement as provided by subsection (a) for an additional period of July 1, 2025, through June 30, 2026, at any time on or before July 1, 2025. The council may take such action when the legislature is in session or when not in session. If circumstances are such that the council does not address this matter on or before July 1, 2025, the council may approve such extension at the next meeting of the council held after July 1, 2025, and if approved, such extension shall be effective retroactively. The secretary of commerce may make a written request for such extension to the council and shall provide consultation to the council regarding the matter by written statement or by appearance by the secretary of commerce or the secretary's designee at a meeting of the council. The failure of the secretary to make such request or provide such consultation shall not limit the authority of the council to act on this matter at a meeting of the council.

(c) The secretary shall not enter into any agreement unless reviewed and approved by the affirmative vote of a majority of the members of the legislative coordinating council prior to the finalization of the agreement by the secretary. If the legislative coordinating council does not approve a proposed agreement, the secretary shall not enter into the agreement but may negotiate further with a major professional sports franchise and submit another proposed agreement for review and approval by the council until an agreement approved by the council is finally executed or the secretary or the major professional sports franchise discontinues negotiations. The council is granted the authority to act on this matter at any time, including when the legislature is in session. The secretary of commerce and any officer or employee of the department of commerce may appear before the council to provide testimony if requested by the council. Notwithstanding the provisions of the open meetings act, in the discretion of the chairperson of the council, any review, testimony or discussion, or portions thereof, regarding a proposed agreement shall not be open to the public. A vote by the council on whether a proposed agreement should be approved shall be made in open session and limited to an up or down decision on the question of whether the proposed agreement should be approved. A proposed agreement and any associated documentation or testimony shall be confidential and shall not be subject to the open records act. After execution of an agreement, the executed agreement and all written documentation provided to the council required by subsection (d) with respect to the proposed agreement that has been approved and executed shall be a public record. The provisions of this paragraph providing for confidentiality of records shall expire on July 1, 2029, unless the legislature acts to reenact such provisions pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029.

(d) The secretary or secretary's designee shall present the following written documentation to the council for the council's consideration in determining whether to approve a proposed agreement:

(1) The proposed agreement and any attachments thereto;

(2) the STAR bond project plan if not wholly included in or attached to the agreement; and

(3) any additional information requested by the council if such information is consistent with public record information provided by a city or county in the course of meeting the requirements of K.S.A. 12-17,165 and 12-17,166, and amendments thereto, for the establishment of a STAR bond project district or a STAR bond project.

(e) The secretary shall not approve any STAR bond project district, as defined in K.S.A. 12-17,162(cc)(2), and amendments thereto, or STAR bond project, as defined in K.S.A. 12-17,162(aa)(2), and amendments thereto, as required by the STAR bonds financing act for the establishment of such district or project by a city or county unless first approved by the legislative coordinating council. The provisions of subsections (c) and (d) regarding the authority of the council to act at any time, submission of written documentation, testimony of the secretary or secretary's designee and the vote of the council shall be applicable. The exceptions to the open meetings act and open records act and the provisions regarding confidentiality and release of written documentation shall be applicable unless the information has already been made public. At the request of the council, a representative of the city or county shall appear and provide testimony.

(f) This section shall be a part of and supplemental to the STAR bonds financing act.