reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3739a Reverse auctioning electronic procurement process.

75-3739a.
Reverse auctioning electronic procurement process.
(a) Subject to the provisions of K.S.A. 75-3317 through 75-3322, and amendments thereto, the director of purchases shall have power to utilize the reverse auctioning electronic procurement process for the purchase of selected goods or materials for one or more state agencies in accordance with this section. The director of purchases shall adopt policies and procedures for such reverse auctioning electronic procurements process in accordance with and subject to the provisions of this section.
(b) The provisions of K.S.A. 75-430, and amendments thereto, relating to advertisements in the Kansas register and the provisions of K.S.A. 75-3739 et seq., and amendments thereto, regarding procedures for sealed bidding and the opening of bids shall not apply to bids or purchases conducted under the reverse auctioning electronic procurement process in accordance with this section. All bids submitted under the reverse auctioning electronic procurement process in accordance with this section shall be subject to the open records act.
(c) Reverse auctioning shall not be used for the acquisition of any services for construction projects or for the acquisition of any other services.
(d) As used in this section, "reverse auctioning" means a procurement process following procedures approved by the director of purchases where bidders are invited to bid on specific goods through real-time electronic bidding, with the award being made to the lowest responsible and responsive bidder; during the bidding process, bidders' prices are revealed and bidders shall have the opportunity to modify their bid prices for the duration of the time period established for the bid opening.
History:
L. 2001, ch. 212, § 1; L. 2002, ch. 183, § 1; L. 2003, ch. 114, § 7; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3740a State and local government contracts; bidders domiciled in other states.

75-3740a.
State and local government contracts; bidders domiciled in other states.
To the extent permitted by federal law and regulations whenever the state of Kansas or any agency, department, bureau or division thereof or any municipality of the state including, but not limited to, county, school district, improvement district or other public body lets bids for contracts for the erection, construction, alteration or repair of any public building or structure or any addition thereto or for any public work or improvement or for any purchases of any goods, merchandise, materials, supplies or equipment of any kind, the contractor domiciled outside the state of Kansas, to be successful, shall submit a bid the same percent less than the lowest bid submitted by a responsible Kansas contractor as would be required of such Kansas domiciled contractor to succeed over the bidding contractor domiciled outside Kansas on a like contract let in such contractor's domiciliary state.
History:
L. 1972, ch. 336, § 1; L. 1984, ch. 326, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3740b Purchase of recycled paper; requirements; price preference.

75-3740b.
Purchase of recycled paper; requirements; price preference.
(a) As used in this section:
(1) "Newsprint," "printing paper" and "writing paper" have the meanings provided by 40 C.F.R. 250.4 (53 Fed. Reg. 23562-23563).
(2) "Waste paper" means waste paper, as defined by 40 C.F.R. 250.4 (53 Fed. Reg. 23562-23563), containing not less than 10% postconsumer material by weight.
(b) Subject to the provisions of subsection (c), the state shall spend on newsprint or high grade bleached printing or writing paper containing not less than 50% waste paper by weight, if sufficient amounts of such paper are available:
(1) For the fiscal years beginning July 1, 1991, and July 1, 1992, an amount equal to not less than 10% of the total dollar amount of newsprint and high grade bleached printing and writing paper purchased by the state during the immediately preceding fiscal year;
(2) for the fiscal year beginning July 1, 1993, an amount equal to not less than 15% of the total dollar amount of newsprint and high grade bleached printing and writing paper purchased by the state during the immediately preceding fiscal year;
(3) for the fiscal year beginning July 1, 1994, an amount equal to not less than 20% of the total dollar amount of newsprint and high grade bleached printing and writing paper purchased by the state during the immediately preceding fiscal year; and
(4) for fiscal years beginning on and after July 1, 1995, an amount equal to not less than 25% of the total dollar amount of newsprint and high grade bleached printing and writing paper purchased by the state during the immediately preceding fiscal year.
(c) In determining the lowest responsible bidder for any purchase of newsprint or high grade bleached printing or writing paper, the director of purchases of the department of administration, or any other state officer or employee authorized to make purchases directly for a state agency, shall give the following price preferences to any bidder whose bid is for newsprint or high grade bleached printing or writing paper containing not less than 50% waste paper by weight unless the requirements of subsection (b) have been met:
(1) For the fiscal years beginning July 1, 1991, and July 1, 1992, 20%;
(2) for the fiscal year beginning July 1, 1993, 15%;
(3) for the fiscal year beginning July 1, 1994, 10%; and
(4) for fiscal years beginning on and after July 1, 1995, 5%.
(d) The director of accounts and reports and the director of purchases of the department of administration, and any other state officer or employee authorized to make purchases directly for a state agency, shall cooperate to implement the provisions of this section.
(e) Annually, on or before the first day of the regular legislative session, the director of the division of purchases of the department of administration shall submit to the legislature a report on progress in implementing the provisions of this section.
History:
L. 1990, ch. 319, § 12; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3740c Procurement practices, recycled products.

75-3740c.
Procurement practices, recycled products.
The director of purchases of the department of administration shall review all state procurement practices and specifications and modify any such practices or specifications so as to eliminate any discrimination against purchases of products made from recycled materials.
History:
L. 1990, ch. 319, § 13; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3740e Boycott of Israel; state contracts; definitions.

75-3740e. Boycott of Israel; state contracts; definitions.
As used in K.S.A. 75-3740e and 75-3740f, and amendments thereto:
(a) "Boycott" means engaging in a refusal to deal, terminating business activities or performing other actions that are intended to limit commercial relations with persons or entities doing business in Israel or in territories controlled by Israel, if those actions are taken either:
(1) In compliance with or adherence to calls for a boycott of Israel other than those boycotts to which 50 U.S.C. § 4607(c) applies; or
(2) in a manner that discriminates on the basis of nationality, national origin or religion, and that is not based on a valid business reason;
(b) "company" means an organization, association, corporation, partnership, venture or other entity, its subsidiary or affiliate, that exists for profitmaking purposes or to otherwise secure economic advantage;
(c) "contract" means a written agreement between the state and a company to acquire or dispose of goods or services with an aggregate price of more than $100,000. "Contract" does not mean a written agreement between the state and an individual to acquire or dispose of goods or services, including employment or consultant services; and
(d) "state" means this state or an agency, board, commission or department of this state.
History:
L. 2017, ch. 97, § 1; L. 2018, ch. 60, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3740f Same; certifications; waivers.

75-3740f. Same; certifications; waivers.
(a) Except as provided in subsection (c), the state shall not enter into a contract with a company, unless such company submits a written certification that such company is not currently engaged in a boycott of goods or services from Israel that constitutes an integral part of business conducted or sought to be conducted with the state.
(b) The state may not adopt a procurement, investment or other policy that has the effect of inducing or requiring a person to boycott the government of Israel or its instrumentalities, or to boycott a person doing business in Israel or territories under its jurisdiction, when such boycott is on the basis of such person's location in such places.
(c) The secretary of administration will approve contracts, or may waive application of this section on any contract with any state agency if the secretary determines that compliance is not practicable.
History:
L. 2017, ch. 97, § 2; L. 2018, ch. 60, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3740g Same; statement of purpose.

75-3740g. Same; statement of purpose.
The purpose of K.S.A. 75-3740e and 75-3740f, and amendments thereto, is to declare that Israel is a prominent trading partner of the state of Kansas and that the state, and those companies that do business by and through the state, in the interest of the state's economic policy, should not boycott trade with Israel. Companies that refuse to deal with United States trade partners such as Israel make discriminatory decisions on the basis of national origin that impair those companies' commercial soundness. Israel is known for its dynamic and innovative approach in many business sectors, and a company's decision to discriminate against persons or entities doing business in Israel or in territories controlled by Israel is an unsound business practice making the company an unduly risky contracting partner. It is also the public policy of the United States, as enshrined in several federal acts, including 50 U.S.C. § 4607, to oppose such boycotts, and congress has concluded as a matter of national trade policy that cooperation with Israel materially benefits United States companies and improves American competitiveness.
History:
L. 2018, ch. 60, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3741a Same; change orders, negotiation or bidding.

75-3741a.
Same; change orders, negotiation or bidding.
Each change order to a contract entered into under K.S.A. 75-3741, and amendments thereto, shall be related to an item or a matter that was included within the original program statement which was prepared and submitted with the capital improvement budget estimate for the project under K.S.A. 75-3717b. Each such change order may be negotiated with a contractor performing work under the original contract for the project unless the secretary of administration requires such change order to be let by competitive bids as a separate contract under K.S.A. 75-3739, and amendments thereto.
History:
L. 1981, ch. 343, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3741b Same; negotiation for projects of $10,000 or less; reports.

75-3741b.
Same; negotiation for projects of $10,000 or less; reports.
(a) In the discretion of the secretary of administration, contracts for the construction, repair or improvement of state buildings or facilities in the amount of $10,000 or less, may be entered into by negotiation in the manner prescribed by this section. In such cases, after the secretary of administration has solicited proposals from at least three firms for such construction, repair or improvement a contract may be negotiated therefor with one such firm. Such contracts shall not be subject to the competitive bid requirements of K.S.A. 75-3739 to 75-3741, inclusive, and amendments thereto.
(b) The secretary of administration shall report any such negotiated contract to the joint committee on state building construction.
(c) No contract entered into under this section by a state agency shall be binding on the state agency until sufficient moneys have been encumbered therefor on the records of the division of accounts and reports.
History:
L. 1983, ch. 271, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3741c Same; exemption from local building codes, permits and fees and certain zoning fees; use of other political subdivision code review or inspection services.

75-3741c.
Same; exemption from local building codes, permits and fees and certain zoning fees; use of other political subdivision code review or inspection services.
(a) No state capital improvement project for the construction, reconstruction, remodeling, improvement, repair or maintenance of any building or facility for use by one or more state agencies, shall be subject to any building permit requirement or building code of any county, township, district, city or other political subdivision of this state or fees charged therefor. No project shall be subject to any inspection requirement or any requirement to obtain any permit, license or other instrument of approval for the project which is imposed by any city, township, district, city or other political subdivision of this state, except that such project shall be subject to reasonable inspections for the sole purpose of allowing members of the police and fire departments and other public emergency services personnel to become familiar with the project. As used in this section "building code" means any building code and includes any plumbing code, electrical wiring code, gas piping code or similar code. This act shall apply to all capital improvement projects in existence prior to the effective date of this act and to those commenced on or after the effective date.
(b) Notwithstanding the provisions of subsection (a), the secretary of administration, with the concurrence of the state agency that owns the property, may request that the city, township, county or other political subdivision in which a state capital improvement project is located provide code review or inspection services required by this section or K.S.A. 75-1262, and amendments thereto. The city, township, county or other political subdivision shall be compensated for such services from funds appropriated for the project or available therefor. The amount of such compensation shall be based on the fee schedule established by the city, county, township or other political subdivisions.
(c) State capital improvement projects shall be exempt from the payment of fees relating to local zoning ordinances and resolutions, but the state shall reimburse a political subdivision for any related publication expenses incurred by the political subdivision.
History:
L. 1983, ch. 270, § 1; L. 2003, ch. 92, § 2; April 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3742 Same; assistance in preparing written program statements.

75-3742.
Same; assistance in preparing written program statements.
The secretary of administration may assist in all matters relating to the preparation of written program statements for prospective buildings and for major repairs and improvements to buildings for state agencies and for which legislative appropriations are to be requested, as well as for such buildings, major repairs and improvements which have been authorized by the legislature.
History:
L. 1953, ch. 375, § 42; L. 1978, ch. 337, § 14; L. 1979, ch. 280, § 4; May 17.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3743 Attorney general to approve certain contracts; requisition forms.

75-3743. Attorney general to approve certain contracts; requisition forms.
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.
History:
L. 1953, ch. 375, § 43; L. 1972, ch. 332, § 80; L. 2018, ch. 91, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3744 Execution and approval of contracts.

75-3744. Execution and approval of contracts.
Except as otherwise provided in this act and rules and regulations adopted thereunder:
(a) 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) 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.
History:
L. 1953, ch. 375, § 44; L. 1972, ch. 332, § 81; L. 1973, ch. 356, § 1; L. 2018, ch. 91, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3744a Requirements for purchase of motor-vehicle fuels by state agencies.

75-3744a.
Requirements for purchase of motor-vehicle fuels by state agencies.
(a) As used in this section, "motor-vehicle fuels" has the meaning provided by K.S.A. 79-3401, and amendments thereto.
(b) All bulk motor-vehicle fuels purchased by any state agency, as defined in K.S.A. 75-3701, and amendments thereto, in each fiscal year for use in state-owned motor vehicles shall be motor-vehicle fuels blends containing at least 10% ethanol. No state agency shall spend more than ten cents per gallon more on fuel blends containing at least 10% ethanol than the current price per gallon of regular fuel on bulk motor vehicle fuel purchases.
(c) Where available under current state purchasing agreements, individual motor-vehicle fuel purchases for state-owned motor vehicles shall be of motor-vehicle fuels blends containing at least 10% ethanol. Individual motor vehicle fuel purchases for state-owned motor vehicles shall not be more than 10 cents per gallon more on fuel blends containing at least 10% ethanol than the current price per gallon of regular fuel.
(d) Where available, and as long as the price is no greater than 10 cents more per gallon than the price of diesel fuel, a 2% or higher blend of biodiesel must be purchased for use in state-owned diesel powered vehicles and equipment.
History:
L. 2003, ch. 68, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3745c Director of personnel services; creation and administration of division of personnel services.

75-3745c.
Director of personnel services; creation and administration of division of personnel services.
There is hereby established, within and as a part of the department of administration, a division of personnel services, the head of which shall be the director of personnel services. Under the supervision of the secretary of administration, the director of personnel services shall administer the division of personnel services. The director of personnel services and the assistant director of personnel services shall be in the unclassified service of the Kansas civil service act and shall be appointed by the secretary of administration.
History:
L. 1978, ch. 345, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3745d Same; transfer of powers, duties and functions; preservation of orders and directives.

75-3745d.
Same; transfer of powers, duties and functions; preservation of orders and directives.
(a) All of the powers, duties, functions, property and records of the existing division of personnel and the existing director of personnel are hereby transferred to and conferred and imposed, respectively, upon the division of personnel services and the director of personnel services created by this act, except as is herein otherwise provided.
(b) The division of personnel services and the director of personnel services created by this act shall be the successors in every way, respectively, to the powers, duties and functions of the division of personnel and director of personnel in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed under the authority of the division of personnel services or director of personnel services created by this act, respectively, shall be deemed to have the same force and effect as if performed by the division of personnel or director of personnel, respectively, in which such functions were vested prior to the effective date of this act.
(c) Whenever the division of personnel, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the division of personnel services created by this act.
(d) Whenever the director of personnel, or words of like effect, is referred to or designated by a statute, contract or other document, such reference shall be deemed to apply to the director of personnel services created by this act.
(e) All orders and directives of the director of personnel or division of personnel in existence on the effective date of this act, shall continue to be effective and shall be deemed to be orders and directives of the director of personnel services created by this act, until revised, amended, revoked or nullified pursuant to law.
(f) The division of personnel services and director of personnel services created by this act, respectively, shall be continuations of the division of personnel created by K.S.A. 1978 Supp. 75-3745a and the director of personnel provided to be appointed under K.S.A. 1978 Supp. 75-3745a.
History:
L. 1978, ch. 345, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3745e Same; rights saved in legal actions and proceedings.

75-3745e.
Same; rights saved in legal actions and proceedings.
No suit, action, or other proceedings, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the secretary of administration or the division of personnel of the department of administration or by or against any employee of the division of personnel of the department of administration in the official capacity of such employee or in relation to the discharge of the official duties of such employee shall abate by reason of the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the secretary of administration or the successor of the division of personnel of the department of administration or any officer affected.
History:
L. 1978, ch. 345, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3745f Same; certain officers and employees transferred to new division; civil service and retirement benefits preserved.

75-3745f.
Same; certain officers and employees transferred to new division; civil service and retirement benefits preserved.
On July 1, 1978, all officers and employees who were engaged immediately prior to such date in the performance of powers, duties and functions of the division of personnel of the department of administration and who, in the opinion of the secretary of administration, are necessary to perform the powers, duties and functions transferred to the division of personnel services and to the director of personnel services under this act shall become officers and employees of the division of personnel services of the department of administration. Any such officer or employee shall retain all retirement benefits and rights of civil service which had accrued to or vested in such officer or employee prior to July 1, 1978, and the services of each such officer or employee so transferred shall be deemed to have been continuous. All transfers and any abolishments of positions of personnel in the classified civil service under the Kansas civil service act shall be in accordance with civil service laws and any rules and regulations adopted thereunder.
History:
L. 1978, ch. 345, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3745g Same; resolution of conflicts concerning disposition of powers, duties, functions, appropriations, property, records; determination by governor.

75-3745g.
Same; resolution of conflicts concerning disposition of powers, duties, functions, appropriations, property, records; determination by governor.
(a) When any conflict arises as to the disposition of any power, duty or function or the unexpended balance of any appropriation as a result of any abolishment or transfer made by this act, or under authority of this act, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
(b) When any conflict arises as to the proper disposition of any property or records as a result of any abolishment or transfer made under this act, or under authority of this act, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
History:
L. 1978, ch. 345, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3745h Same; accrued compensation or salaries; liability.

75-3745h.
Same; accrued compensation or salaries; liability.
On July 1, 1978, liability for all accrued compensation or salaries of officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the division of personnel of the department of administration, or the powers, duties and functions transferred to the division of personnel services of the department of administration by this act, shall be assumed and paid by the department of administration.
History:
L. 1978, ch. 345, § 6; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3749 State department of civil service; transfer of powers and duties of.

75-3749.
State department of civil service; transfer of powers and duties of.
On July 1, 1953, all of the powers, duties, authority and jurisdiction now exercised and imposed by law upon the state department of civil service as to the old-age and survivors insurance for public employees under sections 40-2302 to 40-2309, both sections inclusive, of the General Statutes Supplement of 1951 are hereby transferred to and imposed upon the controller under the supervision of the executive director of the state department of administration, subject to the approval of the state finance council of any rules and regulations established or promulgated thereunder in the manner as required under K.S.A. 75-3706.
History:
L. 1953, ch. 375, § 49; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3762 Custody and care of certain state-owned buildings and grounds.

75-3762.
Custody and care of certain state-owned buildings and grounds.
Subject to K.S.A. 75-3763, 75-3764 and 75-3765, and amendments thereto, and other related provisions of this act, the secretary of administration shall have the charge, care, management and control of the statehouse, the state office building, the Kansas technical institute (being real estate owned by the state of Kansas in Shawnee county by virtue of deeds dating October 18, 1910, October 18, 1923, and September 19, 1923, respectively, shown and recorded in book 34 at page 65, book 500 at page 18, and book 500 at page 133 in the office of the register of deeds of Shawnee county, Kansas), the office building at 801 Harrison, Topeka, Shawnee county, Kansas, the memorial hall, the governor's mansion, and any and all grounds, walks, parks, gardens, statuary, and auxiliary buildings pertaining to or used in connection with any of such buildings; and further, any and all other buildings or grounds now or hereafter owned or to be owned by the state in Shawnee county, the custody of which buildings or grounds is not assigned by law to some other state agency.
History: L. 1965, ch. 461, § 7; L. 1971, ch. 184, § 35; L. 1978, ch. 330, § 31; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3763 Maintenance, repair and upkeep of state buildings by secretary of administration; approval of legislative coordinating council in certain cases.

75-3763.
Maintenance, repair and upkeep of state buildings by secretary of administration; approval of legislative coordinating council in certain cases.
The secretary of administration shall be responsible for the maintenance, repair and upkeep of any buildings, the charge, care, management and control of which is conferred by law upon the secretary. Notwithstanding the foregoing provisions of this section, maintenance, repair and upkeep including changes and improvements in space and facilities in the state capitol building assigned to the legislature and staff offices, departments and agencies thereof shall be accomplished and conducted in accordance with instructions or approval of the legislative coordinating council.
History:
L. 1965, ch. 461, § 8; L. 1967, ch. 434, § 61; L. 1971, ch. 184, § 36; L. 1978, ch. 330, § 32; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3764 Cleaning, repair, alteration and beautification of buildings.

75-3764.
Cleaning, repair, alteration and beautification of buildings.
Subject to K.S.A. 75-3763 and 75-3765, and amendments thereto, and related provisions of this act, the secretary of administration shall attend to the cleaning, repair, alteration and beautification of all buildings assigned by law to the charge, care, management and control of the secretary, and may enter into necessary contracts and authorize necessary expenditures therefor, such contracts and expenditures to be made in the manner provided by law for other state agencies.
History: L. 1965, ch. 461, § 9; L. 1971, ch. 184, § 37; L. 1978, ch. 330, § 33; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3765a Assignment of space and facilities in the state capitol building; offices outside of capitol to be provided for certain occupants.

75-3765a.
Assignment of space and facilities in the state capitol building; offices outside of capitol to be provided for certain occupants.
Assignment of space and facilities in the state capitol building shall be made by a vote of five of the members of the legislative coordinating council. Except as otherwise provided by this section, space and facilities in the state capitol building shall be permanently assigned only to the governor, lieutenant governor and the legislature and staff offices, departments and agencies thereof. The rooms designated as 240-N and 241-N in the state capitol building shall be used by the secretary of state and other state officials for ceremonial and other purposes subject to scheduling and approval by the director of legislative administrative services in accordance with policies of the legislative coordinating council. Except as otherwise provided by this section, space and facilities in the state capitol building occupied on the effective date of this act by the secretary of state, department of administration, state library and agencies, offices and departments thereof are temporarily assigned in accordance with such occupancy, but such occupancies shall be modified in accordance with this section from time to time as other offices and facilities become available. The secretary of administration shall provide offices and facilities outside of the state capitol building at the earliest practicable time for occupants of the state capitol building other than the foregoing permanent and temporary assignments.
History:
L. 1972, ch. 331, § 3; L. 1978, ch. 330, § 36; L. 1998, ch. 172, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3766 State office building space rental.

75-3766.
State office building space rental.
Any state agency assigned office space in the state office building by the secretary of administration is hereby authorized to enter into agreements with the secretary of administration for the use and occupancy of such space, such rental to be paid by such state agency from any available funds or moneys authorized to be spent by such state agency.
History:
L. 1965, ch. 461, § 11; L. 1978, ch. 330, § 37; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3768 Disposition of parking rental charges.

75-3768.
Disposition of parking rental charges.
Any rents or charges for the use of any parking facilities owned by the state shall be remitted by the secretary of administration to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the building and grounds fund created by K.S.A. 75-3765, and amendments thereto.
History:
L. 1965, ch. 461, § 20; L. 1978, ch. 330, § 38; L. 2001, ch. 5, § 388; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3773 Utility services for state buildings under management of secretary of administration.

75-3773.
Utility services for state buildings under management of secretary of administration.
The secretary of administration is authorized to enter into contracts for the furnishing of heat, lights, water, telephone service and all other utilities that may be required to render the buildings and grounds under the care and control of the secretary, fully serviceable to the state officers and agencies occupying them. To effectuate this section the secretary of administration may enter into contracts and agreements with any state agency or subdivision of government of this state, or with any private person, firm or corporation to provide for the furnishing of and payment for such utility services.
History:
L. 1965, ch. 461, § 27; L. 1978, ch. 330, § 39; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3777 Same; transfer of officers and employees; rights preserved.

75-3777.
Same; transfer of officers and employees; rights preserved.
All officers and employees who were engaged immediately prior to July 1, 1978, in the performance of powers, duties and functions of the director of architectural services or the division of architectural services which are transferred to and conferred and imposed upon the secretary of administration under the provisions of this act, and who, in the opinion of the secretary of administration, are necessary to perform powers, duties and functions of the secretary of administration, shall become officers and employees of the secretary of administration. Any such officer or employee shall retain all retirement benefits and rights of civil service which had accrued to or vested in such officer or employee prior to July 1, 1978, and the service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers and any abolishment of positions of personnel in the classified service under the Kansas civil service act shall be in accordance with civil service laws and any rules and regulations adopted thereunder.
History:
L. 1978, ch. 330, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3778 Same; governor to resolve conflicts; transfer of property and records.

75-3778.
Same; governor to resolve conflicts; transfer of property and records.
(a) When any conflict arises as to the disposition of any power, duty or function or the unexpended balance of any appropriation as a result of any abolishment or transfer made by this act, or under authority of this act, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
(b) The secretary of administration shall succeed to all property and records which were used for, or pertain to, the performance of the powers, duties and functions transferred to the secretary of administration under the provisions of this act. Any conflict as to the proper disposition of such property or records arising under this section, and resulting from the transfer of the powers, duties and functions of the director of architectural services or the division of architectural services to the secretary of administration as provided in this act, shall be determined by the governor, whose decision shall be final.
History:
L. 1978, ch. 330, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3779 Same; preservation of civil rights of action and proceedings; criminal actions preserved.

75-3779.
Same; preservation of civil rights of action and proceedings; criminal actions preserved.
(a) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, pertaining to any power, duty or function which is transferred to and conferred and imposed upon the secretary of administration under the provisions of this act, by or against any state agency mentioned in this act, or by or against any officer of the state in his or her official capacity or in relation to the discharge of official duties, shall abate by reason of the taking effect of reorganization under the provisions of this act. The court shall allow any such suit, action, or other proceeding to be maintained by or against the successor of any such state agency, or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History:
L. 1978, ch. 330, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3781 Same; compensation and expenses.

75-3781.
Same; compensation and expenses.
Members of the state building advisory commission attending meetings of such commission or attending a subcommittee meeting thereof authorized by such commission, shall be paid compensation, subsistence allowance, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
History: L. 1978, ch. 337, § 2; April 25.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3782 Same; meetings; quorum.

75-3782.
Same; meetings; quorum.
The state building advisory commission shall meet monthly on dates fixed by the commission. Special meetings may be held upon the call of the chairperson or upon the petition to the chairperson of four members of the commission. The date and place of all special meetings shall be designated in the call or petition. Four (4) members of such commission shall constitute a quorum for the transaction of business but a lesser number may adjourn any regular or specially called meeting to a definite time and place. Except as otherwise specifically provided by law, all actions of the state building advisory commission shall be taken by a majority of all members of the commission.
History: L. 1978, ch. 337, § 3; April 25.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3783 State capital improvement projects; powers and duties of secretary of administration, advice of state building advisory commission; construction data; design and construction standards; evaluation criteria; stop work orders; standards for inspection and acceptance of projects and for inspectors.

75-3783.
State capital improvement projects; powers and duties of secretary of administration, advice of state building advisory commission; construction data; design and construction standards; evaluation criteria; stop work orders; standards for inspection and acceptance of projects and for inspectors.
(a) In addition to other powers and duties, and with the advice of the state building advisory commission, the secretary of administration shall:
(1) Collect and maintain current data on construction costs, including materials and labor, and the current and forecasted economic status and activity of the construction industry in the state;
(2) establish criteria and procedures to evaluate the qualifications and performance of contractors providing any architectural services, as defined in subsection (c) of K.S.A. 75-1251, and amendments thereto, engineering services, as defined in subsection (b) of K.S.A. 75-5802, and amendments thereto, and construction services for capital improvement projects for the construction of buildings or for major repairs or improvements to buildings for state agencies; and gather information on and evaluate the past and present performance of all such contractors on similar public and private projects;
(3) issue a written order, personally signed by the secretary, to the contractor stopping the progress of the work upon any project whenever the secretary determines that the work does not comply with contract documents; and
(4) develop and adopt standards, with the advice and assistance of the director of architectural services, for the inspection and acceptance of projects for the construction of buildings and major repairs and improvements to buildings for state agencies and for the qualifications of inspection personnel employed by state agencies.
(b) With the advice of the state building advisory commission, the secretary of administration may develop and adopt rules and regulations in accordance with the provisions of K.S.A. 77-415 et seq., and amendments thereto, establishing standards for planning, design and construction of buildings and major repairs and improvements to buildings for state agencies, which standards shall include energy conservation standards.
History:
L. 1978, ch. 337, § 8; L. 1979, ch. 280, § 5; L. 1983, ch. 291, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3784 Same; ancillary technical services; contracts; exemption from certain statutes.

75-3784.
Same; ancillary technical services; contracts; exemption from certain statutes.
The secretary of administration or state agency is hereby authorized to contract for ancillary technical services for any project for the construction of a building or for repairs or improvements to a building for a state agency which are not provided by any firm or state agency providing architectural services or engineering services for the project. Such ancillary technical services shall include but not be limited to geology services and other soil or subsurface investigation and testing services, surveying, adjusting and balancing of air conditioning, ventilating, heating and other mechanical building systems, testing and consultant services. Such contract shall not be subject to the provisions of K.S.A. 75-3739, and amendments thereto, or to the provisions of the acts contained in articles 54 or 58 of chapter 75 of the Kansas Statutes Annotated. Expenditures for such ancillary technical services shall be made from funds appropriated for the project or available therefor.
History:
L. 1979, ch. 280, § 6; L. 2008, ch. 130, § 18; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3785 Construction defects recovery fund; authorized expenditures, approval.

75-3785.
Construction defects recovery fund; authorized expenditures, approval.
(a) There is hereby created in the state treasury the construction defects recovery fund.
(b) All proceeds received by state agencies shall be deposited in the construction defects recovery fund. All expenditures from the construction defects recovery fund in excess of $25,000 for the purposes stated in paragraph (4) of this subsection shall be subject to the prior approval of the state finance council, which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto. All other expenditures from the construction defects recovery fund shall be subject to the prior approval of the secretary of administration, and the secretary of administration shall report each such expenditure to the joint committee on state building construction. Where expenditures are made in support of litigation in which the state is involved, such expenditures also shall be subject to the prior approval of the attorney general. All expenditures shall be paid pursuant to vouchers of the director of accounts and reports approved by the director of architectural services and shall be for one or more of the following purposes:
(1) To identify the nature, extent and causes of defects in the design, construction or other work on capital improvements;
(2) to provide architectural, engineering or other technical services to determine methods for correcting or repairing such defects;
(3) to provide services in support of claims by the state or to defend claims against the state concerning state construction projects; or
(4) to correct or repair defects in buildings or facilities under the jurisdiction of state agencies, or to make other repairs or perform maintenance related to such defects.
(c) As used in this section, "proceeds" means money paid to the state of Kansas or any state agency for forfeited bid bonds, or by an insurer, or by a person or firm performing duties related to construction under a contract with a state agency, to compensate the state for errors, omissions or other construction, architectural or engineering related defects adversely affecting the state or a state agency.
History: L. 1982, ch. 337, § 1; L. 1984, ch. 328, § 1; L. 1987, ch. 344, § 1; L. 1989, ch. 261, § 2; April 18.