reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3789 Penalties for violations of act.

75-3789.
Penalties for violations of act.
(1) Any person who shall violate any provision of this act shall, upon conviction of any such violation, be punished by a fine of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500) or by imprisonment of not to exceed six (6) months or by both such fine and imprisonment.
(2) Any officer or employee of any state agency convicted of violating any of the provisions of this act shall forfeit office and ouster proceedings shall be brought in the manner as prescribed in the code of civil procedure.
History:
L. 1953, ch. 375, § 77; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3790 Sale of certain lands, salt deposits and interests therein.

75-3790.
Sale of certain lands, salt deposits and interests therein.
The executive director of the department of administration of the state of Kansas is hereby authorized to sell in the manner hereinafter provided, all or a portion of the tract hereinafter described, the salt deposits, or any rights or interests therein necessary for the removal of salt therefrom under such tract of land owned by the state of Kansas, the legal description of which tract is as follows: That portion of the northeast quarter, the southeast quarter, and the southwest quarter and the east one-half of the northwest quarter of section 19, township 23, range 5 west of the 6th P.M. lying west of Lorraine street and south of G street adjacent to the city of Hutchinson, Reno county, containing five hundred sixty (560) acres, more or less.
History:
L. 1972, ch. 337, § 1; L. 1990, ch. 309, § 41; May 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3791 Same; duties of executive director; appraisal; bids.

75-3791.
Same; duties of executive director; appraisal; bids.
The director shall appoint three (3) competent appraisers who shall make an appraisal of said salt beds which appraisal shall be in writing and signed by the appraisers under oath and filed with the director, which appraisal shall constitute the minimum price for which said salt beds or rights or interests therein may be sold. The director shall have the right to approve or reject any appraisal. In the event an appraisal is rejected, the director shall in the same manner cause the salt beds to be again appraised. All appraisals shall be in writing and signed by the appraisers under oath. After the filing of the appraisal, the director of purchases, at the request of the executive director of the department of administration shall invite bids as authorized by K.S.A. 75-3739 and the sale of such rights or interests therein shall be made to the highest responsible bidder. The right to reject all bids and invite new bids whenever he or she shall deem the bids received to be unsatisfactory shall be reserved by the director.
History:
L. 1972, ch. 337, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3792 Same; abstract of title; deed.

75-3792.
Same; abstract of title; deed.
If such sale involves a property interest for which a deed is required the director shall as soon as practicable after said sale is made, furnish the purchaser an abstract of title to the property purchased, at purchaser's expense and the purchaser shall have twenty (20) days in which to have said abstract examined. If any defects be found in the title, said director shall, and is hereby authorized to do all things necessary in order to make said title merchantable. Within ten (10) days after the expiration of the twenty (20) days above provided for the examination of the abstract, if said abstract shows a merchantable title, upon payment by the purchaser of the entire purchase price as determined in K.S.A. 75-3791, a deed conveying the property purchased to the purchaser shall be executed and delivered to said purchaser.
History:
L. 1972, ch. 337, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3793 Same; deeds and contracts, duties of director, secretary of state and attorney general.

75-3793.
Same; deeds and contracts, duties of director, secretary of state and attorney general.
Any deed or contracts executed under the authority of this act shall be executed by the executive director of the department of administration and attested by the secretary of state. Such deed or contract shall be approved as to form by the attorney general.
History:
L. 1972, ch. 337, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3794 Same; payment of expenses of sale.

75-3794.
Same; payment of expenses of sale.
The cost of any proceedings necessary to perfect title and other expenses of sale shall be paid out of the proceeds of said sale, and the balance shall be placed by the state treasurer in the general fund of the state.
History:
L. 1972, ch. 337, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3798 State agency unemployment claims auditing; fund; powers and duties of secretary of administration; fees.

75-3798.
State agency unemployment claims auditing; fund; powers and duties of secretary of administration; fees.
(a) The state agency unemployment claims audit fund is hereby established in the state treasury. Within the limits of appropriations and the provisions of appropriations acts relating thereto, moneys credited to the fund shall be used by the secretary of administration to pay for the auditing of claims made against the state's reimbursing account under the employment security law and to provide for the development, implementation and operation of administrative policies and procedures relating to such claims.
(b) Commencing with the fiscal year ending June 30, 1985, the secretary of administration may charge and collect a claims processing and auditing fee each fiscal year from all covered state agencies at a rate fixed by the secretary which shall not exceed .1% of covered total wages under the employment security law, except that for the fiscal year ending June 30, 1985, such rate shall not exceed .04% of covered total wages. The claims processing and auditing fee shall be collected as part of the amounts collected for the state of Kansas reimbursement payments levied against state agencies pursuant to subsection (e)(2)(G) of K.S.A. 44-710 and amendments thereto and shall be deducted from such amounts and credited to the state agency unemployment claims audit fund.
History:
L. 1984, ch. 184, § 1; May 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3799 Financial services for state agencies; procedures for acquisition; negotiating committee.

75-3799.
Financial services for state agencies; procedures for acquisition; negotiating committee.
(a) Upon request of the chief administrative officer of a state agency and subject to the approval of the secretary of administration, the director of purchases may convene a financial services negotiating committee to obtain financial services for the state agency under this section.
(b) Each financial services negotiating committee shall be composed of (1) the director of purchases, or a person designated by the director of purchases, (2) the chief administrative officer of the state agency needing financial services, or a person designated by the officer, and (3) the director of accounts and reports, or a person designated by the director of accounts and reports.
(c) The financial services negotiating committee is authorized to negotiate contracts with qualified parties to provide financial services, including services relating to installment purchase, lease, or lease-purchase of equipment or to other financial related services needed by the state agency.
(d) Prior to negotiating for financial services, the committee shall advertise for proposals, negotiate with one or more of the firms submitting proposals and select from among those submitting such proposals the party to contract with for the purpose of providing financial services.
(e) Contracts entered into pursuant to this section for financial services shall not be subject to the provisions of K.S.A. 75-3738 to 75-3740a, inclusive, and any amendments thereto.
History:
L. 1984, ch. 308, § 1; May 17.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,100 Contracts for collection of charge credit card tickets accepted by state agencies; procedures and limitations.

75-37,100.
Contracts for collection of charge credit card tickets accepted by state agencies; procedures and limitations.
(a) Upon approval of the secretary of administration, a state agency may negotiate directly with a bank having a fee agency account of the state agency under K.S.A. 75-4214 and amendments thereto and enter into a contract providing for the collection of charge credit card tickets accepted by the state agency in payment of fees, tuition and other charges. Any state agency so authorized may allow the bank a discount from the face value of charge credit card tickets to compensate them for services provided in collecting such accounts, except that any discount shall not exceed 3% of the face value of the charge credit card tickets. All contracts entered into under this subsection shall be exempt from the provisions of K.S.A. 75-3739 to 75-3744, inclusive, and any amendments to those sections.
(b) In lieu of the procedure authorized by subsection (a), the secretary of administration may prepare specifications and solicit sealed proposals from banks or other financial institutions for the collection of charge credit card tickets accepted by all state agencies in payment of fees, tuition and other charges or for the sale of charge credit card tickets accepted by all state agencies to banks or other financial institutions. The specifications and sealed proposals shall state the terms, schedules for settlement and conditions under which payment for the charge credit card tickets are to be made. If one or more proposals are adopted by entering into contracts therefor, each state agency covered (1) may pay service charges, if any, for such services from the fee or other special revenue fund in which the receipts are credited or, if the receipts are credited to the state general fund, from appropriations from the state general fund which are available therefor, or (2) may allow discounts from the face value of the charge credit card tickets to compensate the banks or other financial institution for the cost of handling the transactions. No service charges or discounts under a proposal adopted under this subsection shall exceed 3% of the face value of the charge credit card tickets.
(c) The director of accounts and reports shall prescribe within the central accounting system those procedures necessary to implement the provisions of this section.
History: L. 1984, ch. 303, § 1; April 19.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,101 Certificate of participation financing; purpose; authorization and approval.

75-37,101.
Certificate of participation financing; purpose; authorization and approval.
(a) The secretary of administration is authorized to enter into certificate of participation financing arrangements to provide financing or refinancing for personal property and fixtures acquired for one or more state agencies, subject to approval of the state finance council, acting on this matter 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, except that such approval may also be given when the legislature is in session.
(b) As used in this section, certificate of participation financing means an installment purchase or lease purchase agreement that is subject to appropriations and which is structured to allow investors to receive a portion of the principal and interest payments made by state agencies as required by the agreement.
History:
L. 1985, ch. 270, § 1; May 9.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,102a Procurement negotiation committee; membership; unemployment insurance modernization project.

75-37,102a. Procurement negotiation committee; membership; unemployment insurance modernization project.
Notwithstanding the provisions of K.S.A. 75-37,102(b), and amendments thereto, for the purposes of selecting a vendor to perform the unemployment insurance modernization project authorized by K.S.A. 44-772, and amendments thereto, the procurement negotiating committee shall be composed of: (a) The director of purchases, or a person designated by the director; (b) the chairperson of the joint committee on information technology pursuant to the provisions of K.S.A. 46-2101, and amendments thereto; and (c) the secretary of administration, or a person designated by the secretary or, if a procurement involves information technology or services, the executive chief information technology officer or a person designated by the executive chief information technology officer.
History:
L. 2021, ch. 92, § 9; May 13.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,103 Debarment of state contractors.

75-37,103.
Debarment of state contractors.
(a) After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the secretary of administration, after consultation with the contracting agency and the attorney general, shall have authority to debar a person for cause from consideration for award of contracts. The debarment shall not be for a period exceeding three years. The secretary, after consultation with the contracting agency and the attorney general, shall have authority to suspend a person from consideration for award of contracts if there is probable cause to believe that the person has engaged in any activity which might lead to debarment. The suspension shall not be for a period exceeding three months unless an indictment has been issued for an offense which would be a cause for debarment under subsection (b), in which case the suspension shall, at the request of the attorney general, remain in effect until after the trial of the suspended person.
(b) The causes for debarment include the following:
(1) Conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract;
(2) conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a state contractor;
(3) conviction under state or federal antitrust statutes;
(4) failure without good cause to perform in accordance with the terms of the contract; or
(5) any other cause the secretary determines to be so serious and compelling as to affect responsibility as a state contractor, including debarment by another governmental entity for any cause pursuant to rules and regulations.
History:
L. 1996, ch. 6, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,104 Prequalification of state contractors.

75-37,104.
Prequalification of state contractors.
State agencies, in cooperation with the director of purchases, are hereby authorized to develop a list of prequalified vendors of particular goods and services and a set of standards which vendors must meet in order to be qualified. Any prequalification procedure shall be in writing and published sufficiently in advance to permit vendors to comply with the process. Additionally, state agencies may require that any prequalified vendor have sufficient administrative and accounting controls to insure compliance with any contractual requirements. Solicitation mailing lists of potential contractors shall include, but not be limited to prequalified firms.
History:
L. 1996, ch. 6, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,111 Definitions.

75-37,111.
Definitions.
As used in this act:
(a) "State agency" means any state office or officer, department, board, commission, bureau, division, authority, agency or institution of this state, except political subdivisions of the state, requesting or receiving appropriations from the state treasury; and
(b) "agency head" means an individual or body of individuals in which the ultimate legal authority of the state agency is vested by any provision of law.
History:
L. 1989, ch. 252, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,112 Financing agreements, contents; payments; prior consultation and approval of projects.

75-37,112.
Financing agreements, contents; payments; prior consultation and approval of projects.
(a) Subject to approval by the secretary of administration, a state agency may enter into financing agreements with the Kansas development finance authority to provide financing for energy conservation improvements. Each such financing agreement shall specify:
(1) The projected annual energy cost savings identified by an engineering analysis of the proposed energy conservation improvement;
(2) the estimated cost of the proposed energy conservation improvement, including the costs of planning and financing; and
(3) the estimated time that annual energy cost savings will commence.
(b) Payments made to the Kansas development finance authority pursuant to each agreement entered into under this act shall be made from moneys credited to the energy conservation improvement fund and in accordance with the provisions of appropriations acts. The total amount of such payments for a fiscal year under all such agreements shall not exceed the amount of annual energy cost savings identified by an engineering analysis conducted prior to carrying out the energy conservation improvements.
(c) No state agency shall enter into an agreement to finance an energy conservation improvement under this act unless the state agency has first advised and consulted with the joint committee on state building construction on the proposed energy conservation improvement and the director of architectural services has reviewed and approved the project for the proposed energy conservation improvement.
History:
L. 1989, ch. 252, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,113 Energy conservation improvement fund; administration; transfers to and expenditures from; budget adjustments.

75-37,113.
Energy conservation improvement fund; administration; transfers to and expenditures from; budget adjustments.
(a) There is hereby created in the state treasury the energy conservation improvement fund which shall be administered by the Kansas development finance authority.
(b) Not later than October 1 each year, the Kansas development finance authority shall certify to the director of the budget a list of projects for energy conservation improvements financed pursuant to this act. The listing shall identify the repayment schedule for each project and shall include such other information relating to the project as may be requested by the director of the budget. The director of the budget shall make appropriate adjustments to the budgets of each state agency with one or more projects for energy conservation improvements and shall recommend transfers to and appropriations from the energy conservation improvement fund in amounts to repay the amounts required under the agreements authorized by and entered into under this act and related program costs.
(c) In accordance with the provisions of appropriations acts, the Kansas development finance authority may make expenditures of moneys credited to the energy conservation improvement fund for payments made pursuant to agreements entered into by state agencies under this act and for the payment of costs incurred in connection with the implementation of projects for energy conservation improvements and the financing of such projects.
History:
L. 1989, ch. 252, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,114 Approval of improvements under act; limitation.

75-37,114.
Approval of improvements under act; limitation.
The projects for energy conservation improvements for state facilities which are initiated by state agencies under this act are hereby approved for such state agencies for the purposes of subsection (b) of K.S.A. 74-8905, and amendments thereto. The total costs of the projects for energy conservation improvements under this act for any fiscal year, exclusive of financing costs, shall not exceed the amounts approved for such energy conservation improvements by the state corporation commission.
History:
L. 1989, ch. 252, § 4; L. 2007, ch. 116, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,115 Kansas quality program; state employee incentives; procedures; guidelines; quality awards, basis and limitations; rules and regulations.

75-37,115.
Kansas quality program; state employee incentives; procedures; guidelines; quality awards, basis and limitations; rules and regulations.
(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 K.S.A. 75-3701, and amendments thereto.
History:
L. 1994, ch. 91, § 1; L. 2002, ch. 136, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,116 Definitions.

75-37,116.
Definitions.
As used in K.S.A. 75-37,116 through 75-37,119:
(a) "Alternative fuel" has the meaning provided by 42 U.S.C. 13211.
(b) "Alternative-fueled vehicle" means a vehicle that operates on an alternative fuel and that meets or exceeds the clean fuel vehicle standards in the federal clean air act amendments of 1990, Title II.
(c) "Fueling station" means the property which is directly related to the delivery of alternative fuel into the fuel tank of a motor vehicle propelled by such fuel, including the compression equipment and storage vessels for such fuel at the point where such fuel is delivered.
(d) "Government agency" means a county, a city, a school district or another governmental unit, including a public transit agency.
(e) "Government fleet" means a fleet of 10 or more motor vehicles owned and operated by a government agency.
(f) "Incremental cost" means the cost that results from subtracting the manufacturer's list price of the vehicle operating on conventional gasoline or diesel fuel from the manufacturer's list price of the same model vehicle designed to operate on an alternate fuel.
(g) "Secretary" means the secretary of administration.
History:
L. 1995, ch. 262, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,117 Purpose and administration of program.

75-37,117.
Purpose and administration of program.
(a) There is hereby established the alternative fuels loan program for the purpose of making loans to government agencies which own and operate motor vehicles to encourage and assist them to:
(1) Purchase new alternative-motor fueled vehicles;
(2) convert existing motor vehicles which operate on gasoline and diesel fuel to operate on alternative fuels; and
(3) construct motor vehicle fueling facilities to serve alternative-fueled vehicles.
(b) The alternative-fuels loan program shall be administered by the secretary. The secretary shall adopt rules and regulations establishing procedures, criteria and conditions for making loans from the alternative-fuels government fleet loan fund and such other rules and regulations as necessary to operate the alternative-fuels loan program.
History:
L. 1995, ch. 262, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,118 Loan fund.

75-37,118.
Loan fund.
(a) There is hereby established the alternative-fuels government fleet loan fund in the state treasury. All moneys in the alternative-fuels government fleet loan fund shall be used for loans in accordance with K.S.A. 75-37,119, and amendments thereto, and the provisions of appropriation acts. Such fund shall consist of:
(1) Amounts appropriated by the legislature for the purposes of the fund;
(2) amounts of repayments made by government agencies of loans received under K.S.A. 75-37,116 through 75-37,119, and amendments thereto, together with payments of interest thereon, in accordance with agreements entered into by such government agencies and the secretary; and
(3) amounts contributed or otherwise made available by any public or private entity for use in effectuating the purposes of such fund.
(b) All moneys received as principal and interest payments under loan agreements entered into pursuant to K.S.A. 75-37,119, and amendments thereto, shall be remitted 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 alternative-fuels government fleet loan fund.
(c) All expenditures from the alternative-fuels government fleet loan fund shall be made in accordance with K.S.A. 75-37,116 through 75-37,119, and amendments thereto, and the provisions of appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person designated by the secretary.
History:
L. 1995, ch. 262, § 4; L. 2001, ch. 5, § 389; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,126 Definitions.

75-37,126.
Definitions.
As used in K.S.A. 75-37,126 through 75-37,129a, and amendments thereto:
(a) "ASHRAE" means American society of heating, refrigerating and air-conditioning engineers, inc. standard 90.1-2007.
(b) "Energy star" means the joint program of the United States environmental protection agency and the United States department of energy which labels certain products that meet energy efficiency standards adopted for such products.
(c) "IECC" means the 2006 international energy conservation code.
(d) "New construction" means any building or structure which is constructed by the state or any agency of the state and the construction of which commences on or after July 1, 2010.
History:
L. 2009, ch. 141, § 17; May 28.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,127 Rules and regulations relating to minimum energy efficiency standards for certain products purchased by state agencies.

75-37,127.
Rules and regulations relating to minimum energy efficiency standards for certain products purchased by state agencies.
Within 18 months after the effective date of this act, the secretary of administration shall adopt rules and regulations for state agencies for the purchase of products and equipment, including, but not limited to, appliances, lighting fixtures and bulbs, and computers, which meet energy efficiency guidelines which are not less than the guidelines adopted for such products to qualify as an energy star product if the projected cost savings for the useful life of such products and equipment is equal to or greater than the additional cost compared to functionally equivalent products and equipment of lower efficiency.
History:
L. 2009, ch. 141, § 18; May 28.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,128 Energy audits for state-owned real property and leased real property; exception.

75-37,128. Energy audits for state-owned real property and leased real property; exception.
(a) The secretary of administration shall adopt rules and regulations, within 18 months of the effective date of this act, for state agencies for the conduct of an energy audit at least every five years on all state-owned real property. On or before the first day of the 2010 regular session of the legislature and on or before the first day of each ensuing regular session of the legislature, the secretary of administration shall submit a written report to the joint committee on state building construction, the house committee on energy, utilities and telecommunications and the senate committee on utilities, or their successors, and an electronic copy to the legislature, identifying state-owned real property locations in which an excessive amount of energy is being used in accordance with rules and regulations adopted, within 18 months after the effective date of this act, by the secretary of administration concerning energy efficiency performance standards for state-owned real property.
(b) (1) Except as provided in subsection (b)(2), the secretary of administration shall not approve a new lease or a renewal or extension of an existing lease of non-state owned real property unless the lessor has submitted an energy audit for such real property that is the subject of such lease. Within 18 months after the effective date of this act, the secretary of administration shall adopt rules and regulations establishing energy efficiency performance standards which shall apply to leased space and improvements which the lessor shall be required to address based on such energy audit.
(2) An energy audit shall not be required if the secretary of administration determines that it is not economically feasible to conduct such energy audit, and the secretary of administration provides the rationale for that determination in written form to the joint committee on state building construction.
History:
L. 2009, ch. 141, § 19; L. 2018, ch. 91, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,129 Energy conservation measures; promotion of program by state corporation commission.

75-37,129.
Energy conservation measures; promotion of program by state corporation commission.
Within the limitations of appropriations therefor, the energy programs division of the state corporation commission shall develop and increase the participation of school districts and local governments in the facilities conservation improvements program pursuant to K.S.A. 75-37,125, and amendments thereto.
History: L. 2009, ch. 141, § 20; May 28.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,129a Rules and regulations relating to energy efficiency performance standards for state-owned buildings.

75-37,129a.
Rules and regulations relating to energy efficiency performance standards for state-owned buildings.
Within 18 months after the effective date of this act, the secretary of administration shall adopt rules and regulations prescribing energy efficiency performance standards requiring that all new construction and, to the extent possible, renovated state-owned buildings, be designed and constructed to achieve energy consumption levels that meet the levels established under the ASHRAE standard or the IECC, as appropriate, if such levels of energy consumption are life-cycle cost-effective for such buildings and also recommend that new and, to the extent possible, renovated school and municipal buildings meet the same requirements.
History:
L. 2009, ch. 141, § 21; May 28.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,130 Professional services sunshine act; citation.

75-37,130.
Professional services sunshine act; citation.
K.S.A. 75-37,130 through 75-1,135, and amendments thereto, shall be known and may be cited as the professional services sunshine act.
History:
L. 2000, ch. 124, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,131 Same; definitions.

75-37,131.
Same; definitions.
As used in the professional services sunshine act:
(a) (1) "Professional services" means services performed under a contract with a state agency by any:
(A) Certified public accountant;
(B) attorney; or
(C) consultant.
(2) "Professional services" shall not include the services of persons who assist in the preparation of expert testimony for litigation or who act as expert witnesses in litigation.
(b) "Consultant" means an individual or firm providing contractual services in the form of professional or technical advice or opinions.
History:
L. 2000, ch. 124, § 6; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,133 Same; expenditure of grant funds.

75-37,133.
Same; expenditure of grant funds.
If a state agency expends grant funds to purchase goods or services for which the state agency receives a direct service or a tangible asset, the procurement of those goods or services shall be subject to K.S.A. 75-3739, 75-37,102 and K.S.A. 75-37,132, and amendments thereto, or other applicable statutes relating to procurement of those goods and services.
History:
L. 2000, ch. 124, § 8; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,134 Same; use of federal funds.

75-37,134.
Same; use of federal funds.
Nothing in K.S.A. 75-37,132 or 75-37,133, and amendments thereto, shall be construed to allow federal grant moneys received by a state agency to be handled differently from any other moneys of the state unless the requirements of the applicable federal grant specifically require such federal moneys to be handled differently.
History:
L. 2000, ch. 124, § 9; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,141 Alternative project delivery building construction procurement act; citation.

75-37,141.
Alternative project delivery building construction procurement act; citation.
K.S.A. 75-37,141 through 75-37,147, and amendments thereto, shall be known and may be cited as the Kansas alternative project delivery building construction procurement act.
History:
L. 2006, ch. 80, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,146 Same; recordation and publication of bidder information.

75-37,146.
Same; recordation and publication of bidder information.
Every bid conforming to the terms of the advertisement, together with the name of the bidder, shall be recorded, and all such records with name of the successful bidder indicated thereon shall, after award or letting of the contract, be subject to public inspection upon request. The secretary of administration shall, within five days after award or letting of the contract, publish the name of the successful bidder. The public notice on public display shall show the phase II and III scores and the adjusted final score. The secretary of administration shall, within five days after award or letting of the contract, have the names of all proposers whose bids were not selected, together with phase II and III scores and the final adjusted score for each, available for public review.
History:
L. 2006, ch. 80, § 6; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,147 Same; act not applicable to certain projects.

75-37,147.
Same; act not applicable to certain projects.
The provisions of the Kansas alternative project delivery building construction procurement act shall not apply to the process of designing, constructing, altering or repairing a public highway, road, bridge, dam, turnpike or related structures, or stand-alone parking lots.
History:
L. 2006, ch. 80, § 7; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,151 Transfer of real estate to the state; requirements.

75-37,151. Transfer of real estate to the state; requirements.
(a) Notwithstanding any other statute, on and after the effective date of this section, no real estate located within or without the state of Kansas, nor any interest therein, may be transferred to the state of Kansas or any agency or instrumentality thereof: (1) Through any probate proceeding, except upon the express, written prior consent of the secretary of administration and the attorney general, which shall be filed with the probate court; or (2) otherwise without consideration, except upon the express, written prior consent of the secretary of administration and such agency or instrumentality, if any, receiving such real estate.
(b) The attorney general may bring a civil action to declare any transfer in violation of this section void ab initio or for such other relief as the attorney general may deem appropriate.
(c) As used in this section, "agency" means any state office, department, board, commission, bureau or other state authority. "Agency" shall not include a state educational institution as defined in K.S.A. 76-711, and amendments thereto, a community college as defined in K.S.A. 71-701(d), and amendments thereto, or the department of transportation.
History:
L. 2017, ch. 98, § 1; June 29.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,153 Audits of state agencies.

75-37,153. Audits of state agencies.
(a) Beginning in fiscal year 2019, the department of administration shall be responsible for procuring and managing audit services for any audit of the financial affairs and transactions of a state agency that is required to comply with federal government audit requirements for receiving federal awards or grants.
(b) As used in this section, "state agency" means any state office, officer, department, board, commission, institution, bureau, agency or authority or any division or unit thereof.
History:
L. 2018, ch. 89, § 12; May 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,154 Department of administration contract audit committee; membership.

75-37,154. Department of administration contract audit committee; membership.
(a) There is hereby created the department of administration contract audit committee, which shall consist of the following members: (1) The secretary of administration or a person designated by the secretary of administration; (2) the director of accounts and reports or a person designated by the director of accounts and reports; (3) the post auditor or a person designated by the post auditor; (4) the state treasurer or a person designated by the state treasurer; and (5) the director of the budget or a person designated by the director of the budget. The secretary of administration or the person designated by the secretary to serve as a member of the department of administration contract audit committee shall be the chairperson of the committee.
(b) The department of administration contract audit committee shall meet on the call of the chairperson of such committee. A vote of two members of the committee shall be required for any such action of the committee.
History:
L. 2018, ch. 89, § 13; May 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,155 Audits; procurement of firm or firms to perform audit work.

75-37,155. Audits; procurement of firm or firms to perform audit work.
(a) In the procurement of a firm or firms to perform an audit required by K.S.A. 75-37,152 and 75-37,153, and amendments thereto, the secretary of administration shall encourage firms engaged in the lawful practice of their professions to place their names on a list maintained by the secretary of firms to receive requests for proposals on audit contracts.
(b) The secretary of administration shall establish specifications for the conduct by a firm or firms of an audit required by K.S.A. 75-37,152 and 75-37,153, and amendments thereto. The specifications shall be used in preparing requests for proposals and evaluating the proposals received.
(c) For all audits required by K.S.A. 75-37,152 and 75-37,153, and amendments thereto, the secretary of administration shall issue a request for proposals to all firms who have requested to be on the firm list and others who request a copy after notice in the Kansas register. The request for proposals shall request information on the firm's qualifications, the qualifications of staff to be assigned to the job, the firm's technical approach to the audit and the fee. The secretary shall evaluate the proposals received in response to the request for proposals and for each audit shall prepare a list of at least three and not more than five firms that are, in the opinion of the secretary, qualified to perform such audit. Such list shall be submitted to the department of administration audit contract committee.
History:
L. 2018, ch. 89, § 14; May 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,156 Same; selection of firm or firms; considerations.

75-37,156. Same; selection of firm or firms; considerations.
(a) The department of administration audit contract committee may conduct discussions with each of the firms submitted by the secretary of administration and then shall select a firm or firms from such listing to provide an audit as required by K.S.A. 75-37,152 and 75-37,153, and amendments thereto.
(b) The department of administration audit contract committee shall consider, in making their selection, qualifications of the firm and staff, the technical proposal and fee.
(c) If the department of administration audit contract committee is unable to contract with any of the selected firms, the committee shall request the secretary of administration to provide another list of firms to be reviewed by the committee. Upon receipt of such list, the committee shall proceed in accordance with the provisions of this section.
History:
L. 2018, ch. 89, § 15; May 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-37,157 Same; contracts for audit work; requirements; responsibilities of selected firm.

75-37,157. Same; contracts for audit work; requirements; responsibilities of selected firm.
(a) Each contract for an audit required by K.S.A. 75-37,152 and 75-37,153, and amendments thereto, entered into under K.S.A. 75-37,155 and 75-37,156, and amendments thereto, shall be entered into between the secretary of administration and the firm selected to perform the audit. Each such contract shall require the firm selected to submit evidence that is satisfactory to the department of administration audit contract committee that the firm has general professional liability insurance or specific liability insurance that is adequate for such audit.
(b) In addition to the requirements in subsection (a), each such contract for audit services shall specify the responsibilities undertaken by the firm selected to perform such audit and that such firm shall be responsible for all material errors and omissions in the performance of such contract.
(c) Such contracts shall not be subject to the provisions of K.S.A. 75-3739 or 75-37,102 or K.S.A. 75-37,130 through 75-37,135, and amendments thereto.
History:
L. 2018, ch. 89, § 16; May 24.