reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4277 Same; definitions.

75-4277. Same; definitions.
As used in K.S.A. 75-4276 through 75-4282, and amendments thereto:
(a) "Housing loan deposit" means an investment account placed by the director of investments under the provisions of article 42 of chapter 75 of the Kansas Statutes Annotated with an eligible lending institution for the purpose of carrying out the intent of this act;
(b) "housing loan deposit loan package" means the forms provided by the state treasurer for the purpose of applying for a housing loan deposit;
(c) "eligible lending institution" means a depository bank, as defined under K.S.A. 75-4201, and amendments thereto, that agrees to participate in the Kansas housing loan deposit program and is eligible to be a depository of state funds;
(d) "eligible developer borrower" means any person, firm or corporation building new houses or not-for-profit adult care homes or rehabilitating existing houses or not-for-profit adult care homes;
(e) "house" means a single-family or multi-family dwelling that initially sells or is appraised at or below the average area purchase price safe harbor for the state of Kansas as established by the state treasurer through rules and regulations based on the requirements of section 143(e) of the internal revenue code of 1986 for homes that are eligible for mortgage revenue bonds; and
(f) "adult care home" means the same as in K.S.A. 39-923, and amendments thereto.
History:
L. 2008, ch. 115, § 3; L. 2010, ch. 113, § 1; L. 2012, ch. 158, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4278 Same; state treasurer administrator of program; purpose; annual report.

75-4278. Same; state treasurer administrator of program; purpose; annual report.
(a) The state treasurer is hereby authorized to administer the Kansas housing loan deposit program. Such program shall be for the purpose of providing incentives for the making of housing and adult care homes construction development loans. The state treasurer shall promulgate rules and regulations to carry out the provisions of K.S.A. 75-4276 through 75-4282, and amendments thereto.
(b) The state treasurer shall submit an annual report outlining the status of the program to the governor and the legislature.
History:
L. 2008, ch. 115, § 4; L. 2012, ch. 158, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4280 Same; procedures; agreement.

75-4280.
Same; procedures; agreement.
(a) The state treasurer may accept or reject a housing loan deposit loan package based on the state treasurer's evaluation of whether the loan to the eligible developer borrower meets the purposes of this act. If sufficient funds are not available for a housing loan deposit, then the applications may be considered in the order received when funds are once again available subject to a review by the lending institution.
(b) Upon acceptance, the state treasurer shall certify to the director of investments the amount required for such housing loan deposit loan package and the director of investments shall place a housing loan deposit in the amount certified by the state treasurer with the eligible lending institution at an interest rate, which is 2% below the market rate provided in K.S.A. 75-4237, and amendments thereto, and which shall be recalculated on the first business day of January and July of each year using the market rate then in effect. The minimum interest rate shall be .50%, if the market rate is below 2.5%. When necessary, the state treasurer may request the director of investments to place such housing loan deposit prior to acceptance of a housing loan deposit loan package.
(c) The eligible lending institution shall enter into a housing loan deposit agreement with the state treasurer, which shall include requirements necessary to implement the purposes of the Kansas housing loan deposit program. Such requirements shall include an agreement by the eligible lending institution to lend an amount equal to the housing loan deposit to eligible developer borrowers at an interest rate which is not more than 4% greater than the interest rate on housing loan deposits as provided in subsection (b). Such rate shall be recalculated on the first business day of January and July of each year using the market rate then in effect. The agreement shall include provisions for the housing loan deposit to be placed for a maturity considered appropriate in coordination with the underlying housing loan. The agreement shall include provisions for the reduction of the housing loan deposit in an amount equal to any payment of loan principal by the eligible developer borrower.
History:
L. 2008, ch. 115, § 6; L. 2009, ch. 123, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4281 Same; loans; rate.

75-4281. Same; loans; rate.
(a) Upon the placement of a housing loan deposit with an eligible lending institution, the institution shall fund the loan to each approved eligible developer borrower listed in the housing loan deposit loan package in accordance with the housing loan deposit agreement between the institution and the state treasurer. The loan shall be at a rate as provided in K.S.A. 75-4280, and amendments thereto. A certification of compliance with this section in the form and manner as prescribed by the state treasurer shall be required of the eligible lending institution.
(b) The state treasurer shall take any and all steps necessary to implement the Kansas housing loan deposit program.
History:
L. 2008, ch. 115, § 7; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4282 Same; state and state treasurer not liable to lending institution.

75-4282.
Same; state and state treasurer not liable to lending institution.
The state and the state treasurer shall not be liable to any eligible lending institution in any manner for payment of the principal or interest on the loan to an eligible developer borrower. Any delay in payments or default on the part of an eligible developer borrower does not in any manner affect the housing loan deposit agreement between the eligible lending institution and the state treasurer.
History:
L. 2008, ch. 115, § 8; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4283 Program citation.

75-4283. Program citation.
(a) K.S.A. 2023 Supp. 75-4283 through 75-4289, and amendments thereto, shall be known and may be cited as the Kansas extraordinary utility costs loan deposit program.
(b) The Kansas extraordinary utility costs loan deposit program shall be a part of and supplemental to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2021, ch. 87, § 1; April 29.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4284 Definitions.

75-4284. Definitions.
As used in the Kansas extraordinary utility costs loan deposit program:
(a) "Director of investments" means the person appointed as the director of investments pursuant to K.S.A. 75-4222, and amendments thereto;
(b) "eligible borrower" means any wholesale natural gas customer located in the state of Kansas that incurs extraordinary natural gas costs due to the extreme winter weather event of February 2021 and is not an individual obtaining a loan for personal, family or household purposes; and
(c) "eligible lending institution" means a financial institution that is:
(1) A bank, as defined under K.S.A. 75-4201, and amendments thereto, that agrees to participate in the program and is eligible to be a depository of state funds;
(2) a credit union, as defined under K.S.A. 17-2231, and amendments thereto, that agrees to participate in the program and that provides securities acceptable to the pooled money investment board pursuant to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto; or
(3) an institution of the farm credit system organized under the federal farm credit act of 1971, 12 U.S.C. § 2001, as in effect on the effective date of this act, having at least one branch in the state of Kansas and that agrees to participate in the program and that provides securities acceptable to the pooled money investment board pursuant to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
(d) "extraordinary utility costs loan deposit" means an investment account placed by the director of investments under the provisions of article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto, with an eligible lending institution for the purpose of carrying out the intent of the Kansas extraordinary utility costs loan deposit program;
(e) "extraordinary utility costs loan deposit loan" or "loan" means a loan made by an eligible lending institution to an eligible borrower from the eligible lending institution's extraordinary utility cost loan deposit as part of the Kansas extraordinary utility costs loan deposit program;
(f) "extraordinary utility costs loan deposit loan package" means the forms provided by the state treasurer for the purpose of applying for an extraordinary utility costs loan deposit;*
(g) "extraordinary utility costs loan deposit program" or "program" means a state-administered program in which eligible lenders are charged less than the market rate of interest and eligible borrowers receive a reduction in interest charged on a loan in the amount of the deposit;**
History:
L. 2021, ch. 87, § 2; April 29.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4285 Administration by state treasurer; purpose; limitation; school districts eligible; rules and regulations; annual report; review by legislature.

75-4285. Administration by state treasurer; purpose; limitation; school districts eligible; rules and regulations; annual report; review by legislature.
(a) (1) The state treasurer is hereby authorized to administer the Kansas extraordinary utility costs loan deposit program.
(2) The program shall be for the purpose of providing incentives for the making of loans to eligible borrowers for extraordinary natural gas costs incurred during the extreme winter weather event of February 2021.
(3) The total aggregate amount of extraordinary utility costs loan deposit loans under the program shall not exceed the amount of unencumbered funds pursuant to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto, certified by the state treasurer and directed to be reinvested pursuant to K.S.A. 2023 Supp. 75-4299, and amendments thereto.
(4) (A) Notwithstanding the provisions of any statute to the contrary, a school district, as defined in K.S.A. 72-6486, and amendments thereto, that is an eligible borrower is hereby authorized to enter into loan agreements under the program.
(B) The provisions and restrictions of the cash basis and budget laws of this state shall not apply to any loan received by a school district under the program.
(C) To the extent that any of the provisions of K.S.A. 2023 Supp. 75-4283 through 75-4289, and amendments thereto, conflict with the provisions of chapter 72 of the Kansas Statutes Annotated, and amendments thereto, the provisions of K.S.A. 2023 Supp. 75-4283 through 75-4289, and amendments thereto, shall control.
(D) Any loan made to a school district under the program shall not be considered bonded indebtedness for the purpose of any statute imposing a limitation on indebtedness of a school district.
(b) The state treasurer shall adopt all rules and regulations necessary to enact and administer the provisions of the Kansas extraordinary utility costs loan deposit program. Such rules and regulations shall be adopted not later than February 1, 2022.
(c) The state treasurer shall submit an annual report to the governor and the legislature identifying the eligible lending institutions that are participating in the program and the eligible borrowers who have received an extraordinary utility costs loan deposit loan. The annual report shall provide the aggregate amount of moneys loaned and the amount of moneys still available for loan, if any. Such report shall be due on or before January 1, 2023, and each January 1 thereafter.
(d) The legislature shall perform a review of the program as a part of the state treasurer's annual report on or after January 1, 2024.
History:
L. 2021, ch. 87, § 3; April 29.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4286 Extraordinary utility costs loan deposit loan packages; participation in program; requirements.

75-4286. Extraordinary utility costs loan deposit loan packages; participation in program; requirements.
(a) The state treasurer is hereby authorized to disseminate information and to provide extraordinary utility costs loan deposit loan packages to the lending institutions eligible for participation in the Kansas extraordinary utility costs loan deposit program.
(b) The extraordinary utility costs loan deposit loan package shall be completed by the eligible borrower before being forwarded to the lending institution for consideration.
(c) (1) An eligible lending institution that agrees to receive an extraordinary utility costs loan deposit shall accept and review applications for loans from eligible borrowers.
(2) The lending institution shall apply all usual lending standards to determine the creditworthiness of eligible borrowers.
(3) No single extraordinary utility costs loan deposit loan shall exceed $500,000.
(4) Only one extraordinary utility costs loan deposit loan shall be made and be outstanding at any one time to any eligible borrower.
(5) No loan shall be amortized for a period of more than three years.
(d) An eligible borrower shall certify on the loan application that the reduced rate loan will be used exclusively for the expenses involved in the borrower's utility costs in Kansas incurred during the extreme winter weather event of February 2021.
(e) The eligible lending institution may approve or reject an extraordinary utility costs loan deposit loan package based on the lending institution's evaluation of the eligible borrowers included in the package, the amount of the individual loan in the package and other appropriate considerations.
(f) The eligible lending institution shall forward to the state treasurer an approved extraordinary utility costs loan deposit loan package in the form and manner prescribed and approved by the state treasurer. The package shall include information regarding the amount of the loan requested by each eligible borrower and such other information regarding each eligible borrower that the state treasurer may require. Such package shall include a certification by the applicant that such applicant is an eligible borrower.
History:
L. 2021, ch. 87, § 4; April 29.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4287 Procedures of state treasurer; agreement requirements.

75-4287. Procedures of state treasurer; agreement requirements.
(a) The state treasurer may accept or reject an extraordinary utility costs loan deposit loan package based on the state treasurer's evaluation of whether the loan to the eligible borrower meets the requirements of the Kansas extraordinary utility costs loan deposit program. If sufficient funds are not available for an extraordinary utility costs loan deposit, then the applications may be considered in the order received when funds are once again available, subject to a review by the lending institution. The fact that an eligible borrower received a loan under the Kansas economic recovery loan deposit program shall not preclude such eligible borrower from receiving a loan under this program.
(b) Upon acceptance, the state treasurer shall certify to the director of investments the amount required for such extraordinary utility costs loan deposit loan package, and the director of investments shall place an extraordinary utility costs loan deposit in the amount certified by the state treasurer with the eligible lending institution at an interest rate that is 2% below the market rate as provided in K.S.A. 75-4237, and amendments thereto, and that shall be recalculated on the first business day of January of each year using the market rate then in effect. The minimum interest rate shall be 0.25% if the market rate is below 2.25%. When necessary, the state treasurer may request the director of investments to place such extraordinary utility costs loan deposit with the eligible lending institution prior to acceptance of an extraordinary utility costs loan deposit loan package.
(c) The eligible lending institution shall enter into an extraordinary utility costs loan deposit agreement with the state treasurer. Such agreement shall include requirements necessary to implement the purposes of the Kansas extraordinary utility costs loan deposit program. Such requirements shall include an agreement by the eligible lending institution to lend an amount equal to the extraordinary utility costs loan deposit to eligible borrowers at an interest rate that is not more than 3% greater than the interest rate on extraordinary utility costs loan deposits as provided in subsection (b). Such rate shall be recalculated on the first business day of January of each year using the market rate then in effect. The agreement shall include provisions for the extraordinary utility costs loan deposit to be placed for a period of time not to exceed three years and that is considered appropriate in coordination with the underlying extraordinary utility costs loan. The agreement shall include provisions for the reduction of the extraordinary utility costs loan deposit in an amount equal to any payment of loan principal by the eligible borrower.
History:
L. 2021, ch. 87, § 5; April 29.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4288 Funding of loans; rate of loans.

75-4288. Funding of loans; rate of loans.
Upon the placement of an extraordinary utility costs loan deposit with an eligible lending institution, the institution shall fund the loan to each approved eligible borrower listed in the extraordinary utility costs deposit loan package in accordance with the extraordinary utility costs loan deposit agreement between the institution and the state treasurer. The loan shall be at a rate as provided in K.S.A. 2023 Supp. 75-4287(c), and amendments thereto. A certification of compliance with this section in the form and manner as prescribed by the state treasurer shall be required of the eligible lending institution.
History:
L. 2021, ch. 87, § 6; April 29.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4289 State and state treasurer not liable to lending institution.

75-4289. State and state treasurer not liable to lending institution.
The state of Kansas and the state treasurer shall not be liable to any eligible lending institution in any manner for payment of the principal or interest on any extraordinary utility costs loan deposit loan to an eligible borrower. Any delay in payments or default by an eligible borrower does not in any manner affect the extraordinary utility costs loan deposit agreement between the eligible lending institution and the state treasurer.
History:
L. 2021, ch. 87, § 7; April 29.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4290 Citation of program.

75-4290. Citation of program.
(a) K.S.A. 2023 Supp. 75-4290 through 75-4296, and amendments thereto, shall be known and may be cited as the Kansas economic recovery loan deposit program.
(b) The Kansas economic recovery loan deposit program shall be a part of and supplemental to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2021, ch. 87, § 8; April 29.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4291 Definitions.

75-4291. Definitions.
As used in the Kansas economic recovery loan deposit program:
(a) "Director of investments" means the person appointed as the director of investments pursuant to K.S.A. 75-4222, and amendments thereto;
(b) "economic recovery loan deposit" means an investment account placed by the director of investments under the provisions of article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto, with an eligible lending institution for the purpose of carrying out the intent of the Kansas economic recovery loan deposit program;
(c) "economic recovery loan deposit loan" or "loan" means a loan made by an eligible lending institution to an eligible borrower from the eligible lending institution's economic recovery loan deposit as part of the economic recovery loan deposit program;
(d) "economic recovery loan deposit loan package" means the forms provided by the state treasurer for the purpose of applying for an economic recovery loan deposit;
(e) "economic recovery loan deposit program" or "program" means a state-administered program in which eligible lenders are charged less than the market rate of interest and eligible borrowers receive a reduction in interest charged on a loan in the amount of the deposit;
(f) "eligible borrower" means any individual or entity operating a business primarily for commercial or agricultural purposes with not more than 200 full-time employees maintaining offices or operating facilities and transacting business in the state of Kansas and is not an individual obtaining a loan primarily for personal, family or household purposes; and
(g) "eligible lending institution" means a financial institution that is:
(1) A bank, as defined under K.S.A. 75-4201, and amendments thereto, that agrees to participate in the program and is eligible to be a depository of state funds;
(2) a credit union, as defined under K.S.A. 17-2231, and amendments thereto, that agrees to participate in the program and that provides securities acceptable to the pooled money investment board pursuant to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto; or
(3) an institution of the farm credit system organized under the federal farm credit act of 1971, 12 U.S.C. § 2001, as in effect on the effective date of this act, having at least one branch in the state of Kansas, that agrees to participate in the program and that provides securities acceptable to the pooled money investment board pursuant to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2021, ch. 87, § 9; April 29.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4292 Administration by state treasurer; purpose; limitation; rules and regulations; annual report; review by legislature.

75-4292. Administration by state treasurer; purpose; limitation; rules and regulations; annual report; review by legislature.
(a) (1) The state treasurer is hereby authorized to administer the Kansas economic recovery loan deposit program.
(2) The program shall be for the purpose of providing incentives for the making of business loans.
(3) The total aggregate amount of economic recovery loan deposit loans under the program shall not exceed $60,000,000 of unencumbered funds pursuant to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
(b) The state treasurer shall adopt all rules and regulations necessary to implement and administer the provisions of the Kansas economic recovery loan deposit program. Such rules and regulations shall be adopted not later than February 1, 2022.
(c) The state treasurer shall submit an annual report to the governor and the legislature identifying the eligible lending institutions that are participating in the program and the eligible borrowers who have received an economic recovery loan deposit loan. The annual report shall provide the aggregate amount of moneys loaned and the amount of moneys still available for loan, if any. Such report shall be due on or before January 1, 2023, and each January 1 thereafter.
(d) The legislature shall perform a review of the program as a part of the state treasurer's annual report on or after January 1, 2024.
History:
L. 2021, ch. 87, § 10; April 29.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4293 Economic recovery loan deposit loan packages; participation in program; requirements.

75-4293. Economic recovery loan deposit loan packages; participation in program; requirements.
(a) The state treasurer is hereby authorized to disseminate information and to provide economic recovery loan deposit loan packages to the lending institutions eligible for participation in the Kansas economic recovery loan deposit program.
(b) The economic recovery loan deposit loan package shall be completed by the eligible borrower before being forwarded to the lending institution for consideration.
(c) (1) An eligible lending institution that agrees to receive an economic recovery loan deposit shall accept and review applications for loans from eligible borrowers.
(2) The lending institution shall apply all usual lending standards to determine the creditworthiness of eligible borrowers.
(3) No single economic recovery loan deposit loan shall exceed $250,000.
(4) Only one economic recovery loan deposit loan shall be made and be outstanding at any one time to any eligible borrower.
(5) No loan shall be amortized for a period longer than 10 years.
(d) An eligible borrower shall certify on the loan application that the reduced rate loan will be used exclusively for the expenses involved in operating the borrower's business in Kansas.
(e) The eligible lending institution may approve or reject an economic recovery loan deposit loan package based on the lending institution's evaluation of the eligible borrowers included in the package, the amount of the individual loan in the package and other appropriate considerations.
(f) The eligible lending institution shall forward to the state treasurer an approved economic recovery loan deposit loan package in the form and manner prescribed and approved by the state treasurer. The package shall include information regarding the amount of the loan requested by each eligible borrower and such other information regarding each eligible borrower that the state treasurer may require. Such package shall include a certification by the applicant that such applicant is an eligible borrower.
History:
L. 2021, ch. 87, § 11; April 29.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4294 Procedures of state treasurer; agreement requirements.

75-4294. Procedures of state treasurer; agreement requirements.
(a) The state treasurer may accept or reject an economic recovery loan deposit loan package based on the state treasurer's evaluation of whether the loan to the eligible borrower meets the requirements of the Kansas economic recovery loan deposit program. If sufficient funds are not available for an economic recovery loan deposit, then the applications may be considered in the order received when funds are once again available, subject to a review by the lending institution. The fact that an eligible borrower received a loan under the Kansas extraordinary utility costs loan deposit program shall not preclude such eligible borrower from receiving a loan under this program.
(b) Upon acceptance, the state treasurer shall certify to the director of investments the amount required for such economic recovery loan deposit loan package, and the director of investments shall place an economic recovery loan deposit in the amount certified by the state treasurer with the eligible lending institution at an interest rate that is 2% below the market rate as provided in K.S.A. 75-4237, and amendments thereto, and that shall be recalculated on the first business day of January of each year using the market rate then in effect. The minimum interest rate shall be 0.25% if the market rate is below 2.25%. When necessary, the state treasurer may request the director of investments to place such economic recovery loan deposit with the eligible lending institution prior to acceptance of an economic recovery loan deposit loan package.
(c) The eligible lending institution shall enter into an economic recovery loan deposit agreement with the state treasurer. Such agreement shall include requirements necessary to implement the purposes of the Kansas economic recovery loan deposit program. Such requirements shall include an agreement by the eligible lending institution to lend an amount equal to the economic recovery loan deposit to eligible borrowers at an interest rate that is not more than 3% greater than the interest rate on economic recovery loan deposits as provided in subsection (b). Such rate shall be recalculated on the first business day of January of each year using the market rate then in effect. The agreement shall include provisions for the economic recovery loan deposit to be placed for a period of time not to exceed 10 years that is considered appropriate in coordination with the underlying economic recovery loan. The agreement shall include provisions for the reduction of the economic recovery loan deposit in an amount equal to any payment of loan principal by the eligible borrower.
History:
L. 2021, ch. 87, § 12; April 29.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4295 Funding of loans; rate of loans.

75-4295. Funding of loans; rate of loans.
Upon the placement of an economic recovery loan deposit with an eligible lending institution, the institution shall fund the loan to each approved eligible borrower listed in the economic recovery deposit loan package in accordance with the economic recovery loan deposit agreement between the institution and the state treasurer. The loan shall be at a rate as provided in K.S.A. 2023 Supp. 75-4294(c), and amendments thereto. A certification of compliance with this section in the form and manner as prescribed by the state treasurer shall be required of the eligible lending institution.
History:
L. 2021, ch. 87, § 13; April 29.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4296 State and state treasurer not liable to lending institution.

75-4296. State and state treasurer not liable to lending institution.
The state of Kansas and the state treasurer shall not be liable to any eligible lending institution in any manner for payment of the principal or interest on any economic recovery loan deposit loan to an eligible borrower. Any delay in payments or default on the part of an eligible borrower does not in any manner affect the economic recovery loan deposit agreement between the eligible lending institution and the state treasurer.
History:
L. 2021, ch. 87, § 14; April 29.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4297 Citation of program.

75-4297. Citation of program.
(a) K.S.A. 2023 Supp. 75-4297 through 75-42,102, and amendments thereto, shall be known and may be cited as the city utility low-interest loan program.
(b) The city utility low-interest loan program shall be a part of and supplemental to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2021, ch. 4, § 1; L. 2021, ch. 87, § 15; April 29.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4298 Definitions.

75-4298. Definitions.
As used in the city utility low-interest loan program:
(a) "City" means a city organized and existing under the laws of Kansas or a municipal energy agency as defined in K.S.A. 12-886, and amendments thereto;
(b) "director of investments" means the person appointed as the director of investments pursuant to K.S.A. 75-4222, and amendments thereto;
(c) "loan" means a deposit of unencumbered state funds to a city pursuant to the program; and
(d) "program" means the city utility low-interest loan program.
History: L. 2021, ch. 4, § 2;
L. 2021, ch. 87, § 16; April 29.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-4299 Administration by state treasurer; purpose; limitation; rules and regulations; annual report; review by legislature.

75-4299. Administration by state treasurer; purpose; limitation; rules and regulations; annual report; review by legislature.
(a) (1) The state treasurer is hereby authorized to administer the city utility low-interest loan program. The state treasurer and any city are hereby authorized to enter into binding commitments for the provision and receipt of loans in accordance with the provisions of this program.
(2) The program shall be for the purpose of providing loans to cities for extraordinary electric or natural gas costs incurred during the extreme winter weather event of February 2021.
(3) (A) The total aggregate amount of loans under the program shall not exceed $100,000,000 of unencumbered funds pursuant to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
(B) On the effective date of this act, the state treasurer shall certify to the director of investments the amount of $20,000,000 of unencumbered funds under the program. Upon receipt of such certification, the director of investments shall reinvest such certified amount in accordance with the Kansas extraordinary utility costs loan deposit program, K.S.A. 2023 Supp. 75-4283 through 75-4289, and amendments thereto.
(C) On June 1, 2021, the state treasurer shall certify to the director of investments the amount of any remaining unencumbered funds under the program. Upon receipt of such certification, the director of investments shall reinvest such certified amount in accordance with the Kansas extraordinary utility costs loan program, K.S.A. 2023 Supp. 75-4283 through 75-4289, and amendments thereto.
(4) Any loans received by a city under the provisions of the program shall be construed as bonds for the purposes of K.S.A. 10-1116, and amendments thereto.
(b) The state treasurer shall adopt all rules and regulations necessary to administer the provisions of the program including the development of a streamlined application process. Such rules and regulations shall be adopted not later than January 1, 2022, except that such streamlined application process shall be established within 14 days from March 4, 2021. The adoption of such rules and regulations shall not be a prerequisite for the approval of loans by the state treasurer under the program. The state treasurer shall approve loans under the program in the most expeditious manner possible on or after March 4, 2021.
(c) The state treasurer shall submit an annual report to the governor and the legislature identifying the cities that are participating in the program. Such annual report shall provide the aggregate amount of moneys loaned. Such report shall be due on or before January 1, 2022, and each January 1 thereafter.
(d) The legislature shall perform a review of the program as part of the state treasurer's annual report on or after January 1, 2024.
History: L. 2021, ch. 4, § 3;
L. 2021, ch. 87, § 17; April 29.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-42,100 Loan applications; participation in program; requirements.

75-42,100. Loan applications; participation in program; requirements.
(a) The state treasurer is hereby authorized to disseminate information and to provide loan applications as soon as practicable on or after March 4, 2021, to cities for participation in the program.
(b) A city shall forward to the state treasurer an application in the form and manner prescribed and approved by the state treasurer. The application shall include information regarding the amount of the loan requested by the city and such other information that the state treasurer may require, including, but not limited to, the specific fund or account of the city in which loan proceeds shall be deposited. Such application shall contain a certification by the governing body of the city that, if the city receives any federal moneys related to the extreme winter weather event of February 2021, the first priority for expenditure of such moneys shall be for the payment of any outstanding balance of a loan made to the city under the program.
(c) The loan shall be only for those extraordinary electric or natural gas costs incurred during the extreme winter weather event of February 2021, as certified by the governing body of the city, and not for any other utility costs previously budgeted for by the city.
(d) No loan shall be amortized for a period of more than 10 years. Payments on such loan may be made monthly, quarterly or semi-annually upon execution of an agreement between the city and the state treasurer.
(e) The state treasurer may create a lien against the city's utility revenue and surcharges to satisfy any outstanding loan balance. Any city that receives a loan under the program shall apply the proceeds of any lawsuit or restitution relating to the extraordinary electric or natural gas costs incurred during the extreme winter weather event of February 2021 to the payment of any outstanding loan balance.
(f) Not more than $20,000,000 of loans shall be approved by the state treasurer under the program on and after the effective date of this act, and no loans shall be approved by the state treasurer under the program on and after June 1, 2021.
History: L. 2021, ch. 4, § 4;
L. 2021, ch. 87, § 18; April 29.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42 - State Moneys › 75-42,102 Program controls over conflicting provisions; loans not bonded indebtedness.

75-42,102. Program controls over conflicting provisions; loans not bonded indebtedness.
(a) To the extent that any provisions of K.S.A. 2023 Supp. 75-4297 through 75-42,102, and amendments thereto, conflict with the provisions of article 42 of chapter 75 of the Kansas Statutes Annotated, or any other provision of law, the provisions of K.S.A. 2023 Supp. 75-4297 through 75-42,102, and amendments thereto, shall control.
(b) Any loan made to a city under the program shall not be considered bonded indebtedness for the purposes of K.S.A. 10-308, and amendments thereto, or any other statute imposing a limitation on indebtedness of a city.
History:
L. 2021, ch. 4, § 6; L. 2021, ch. 87, § 20; April 29.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42a - Kansas Public Investments And Contracts Protection Act › 75-42a02 Public contracts; procurement policies; certain preferential treatment or discrimination prohibited.

75-42a02. Public contracts; procurement policies; certain preferential treatment or discrimination prohibited.
(a) The state, any agency of the state, any political subdivision of the state, or any instrumentality thereof, including the pooled money investment board established by K.S.A. 75-4221a, and amendments thereto, when engaged in procuring or letting contracts for any purpose, shall ensure that bidders, offerors, contractors or subcontractors are not given preferential treatment or discriminated against based on any environmental, social and governance criteria.
(b) The state, any agency of the state, any political subdivision of the state or any instrumentality thereof, including the pooled money investment board established by K.S.A. 75-4221a, and amendments thereto, shall not adopt any procurement regulation or policy that causes any bidder, offeror, contractor or subcontractor to be given preferential treatment or be subject to discrimination based on any environmental, social and governance criteria, except as otherwise specifically permitted or required by law.
History:
L. 2023, ch. 80, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42a - Kansas Public Investments And Contracts Protection Act › 75-42a04 Procurement by state agencies; adoption of policies, rules and regulations or guidelines requiring environmental, social or governance criteria prohibited.

75-42a04. Procurement by state agencies; adoption of policies, rules and regulations or guidelines requiring environmental, social or governance criteria prohibited.
(a) As used in this section, "state agency" means an office, board, commission, department, council, bureau, governmental entity or other agency of state government having authority to adopt or enforce rules and regulations.
(b) No state agency shall share or publish information, adopt policies, adopt rules and regulations or issue guidelines for purposes of environmental, social and governance criteria that restrict the ability of any industry to offer products or services. No state agency shall require any person or business to adopt or operate in accordance with environmental, social and governance criteria.
History:
L. 2023, ch. 80, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42a - Kansas Public Investments And Contracts Protection Act › 75-42a05 Enforcement of act by attorney general; violation by investment manager or contractor, amount of damages.

75-42a05. Enforcement of act by attorney general; violation by investment manager or contractor, amount of damages.
(a) This act or any contract subject to this act may be enforced by the attorney general.
(b) If the attorney general has reasonable cause to believe that a person has engaged in, is engaging in or is about to engage in a violation of this act, the attorney general may require:
(1) Such person to file on such forms as the attorney general may prescribe a statement or report in writing, under oath, as to all the facts and circumstances concerning the violation; and
(2) the filing of such other data and information as the attorney general may deem necessary.
(c) In addition to any other remedies available at law or equity, an investment manager or contractor of the system that serves as a fiduciary and violates the provisions of K.S.A. 2023 Supp. 75-42a03, and amendments thereto, shall be obligated to pay damages to the state in an amount equal to three times all moneys paid to the investment manager or contractor by the system for the services of such investment manager or contractor.
History:
L. 2023, ch. 80, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 42a - Kansas Public Investments And Contracts Protection Act › 75-42a06 Indemnification of Kansas public employees retirement system, board and employees by state.

75-42a06. Indemnification of Kansas public employees retirement system, board and employees by state.
In a cause of action based on an action, inaction, decision, divestment, investment, report or other determination made or taken in compliance with this act, without regard to whether the person performed services for compensation, the state shall indemnify and hold harmless for actual damages, court costs and attorney fees adjudged against, and defend the system and any of its current and former employees, members of the board or any other officers of the system related to the act or omission on which the damages are based.
History:
L. 2023, ch. 80, § 6; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 43 - Public Officers And Employees › 75-4302a Same; statement of substantial interests; individuals required to file; filing; rules and regulations; sample forms; disclosure if individual or spouse is officer of nonprofit corporation exempt from federal income taxes.

75-4302a.
Same; statement of substantial interests; individuals required to file; filing; rules and regulations; sample forms; disclosure if individual or spouse is officer of nonprofit corporation exempt from federal income taxes.
(a) The statement of substantial interests shall include all substantial interests of the individual making the statement.
(b) Statements of substantial interests shall be filed by the following individuals at the times specified:
(1) By a candidate for local office who becomes a candidate on or before the filing deadline for the office, not later than 10 days after the filing deadline, unless before that time the candidacy is officially declined or rejected.
(2) By a candidate for local office who becomes a candidate after the filing deadline for the office, within five days of becoming a candidate, unless within that period the candidacy is officially declined or rejected.
(3) By an individual appointed on or before April 30 of any year to fill a vacancy in an elective office of a governmental subdivision, between April 15 and April 30, inclusive, of that year.
(4) By an individual appointed after April 30 of any year to fill a vacancy in an elective office of a governmental subdivision, within 15 days after the appointment.
(5) By any individual holding an elective office of a governmental subdivision, between April 15 and April 30, inclusive, of any year if, during the preceding calendar year, any change occurred in the individual's substantial interests.
(c) The statement of substantial interests required to be filed pursuant to this section shall be filed in the office where declarations of candidacy for the local governmental office sought or held by the individual are required to be filed.
(d) The governmental ethics commission shall adopt rules and regulations prescribing the form and the manner for filing the disclosures of substantial interests required by law. The commission shall provide samples of the form of the statement to each county election officer.
(e) If an individual or an individual's spouse holds the position of officer, director, associate, partner or proprietor in an organization exempt from federal taxation of corporations under section 501(c)(3), (4), (6), (7), (8), (10) or (19) of chapter 26 of the United States code, the individual shall comply with all disclosure provisions of subsections (a), (b), (c) and (d) of this section notwithstanding the provisions of K.S.A. 75-4301, and amendments thereto, which provide that these individuals may not have a substantial interest in these corporations.
History:
L. 1990, ch. 306, § 15; L. 1991, ch. 150, § 46; L. 1998, ch. 117, § 25; July 1.