HOUSE BILL No. 2336
AN ACT concerning governmental property; relating to public construction and
improvement projects; increasing the bonding authority for public airport authorities
for projects up to $10,000,000; permitting bonding authority of more than
$10,000,000 or in excess of the 1.85% statutory limitation based on assessed value of
property within the county upon approval by the board of county commissioners;
increasing the cost threshold for mandatory convening of a negotiating committee to
obtain professional services for state construction projects; providing for an annual
increase in such cost threshold based on the consumer price index; changing the
measure of such cost threshold from "total project cost" to "construction cost";
amending K.S.A. 27-334, 75-1253 and 75-5804 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 27-334 is hereby amended to read as follows:
27-334. (a) The authority may issue its own general obligation bonds,
revenue bonds and industrial revenue bonds as provided by this section.
(b) Prior to the issuance of general obligation bonds in an amount
less than $1,000,000 $10,000,000, the board of directors of the
authority shall adopt a resolution setting forth the principal amounts of
and the purpose for which the bonds are to be issued, and shall cause
the same such resolution to be published once each week for two
consecutive weeks in the official county newspaper. If, within 30 days
after the first publication of the resolution, a petition in opposition to
the issuance of the bonds, signed by not less than 5% of the qualified
electors of the county is filed with the county election officer, the board
of directors shall submit the proposed issuance of general obligation
bonds to the electors of the county in the manner provided in the
general bond law. If a majority of the voters voting on the proposition
at the election vote in favor of the issuance, the bonds may be issued by
the authority.
The board of directors shall submit any resolution for a proposed
issuance of general obligation bonds in an amount which that is equal
to or which exceeds $1,000,000 $10,000,000 for approval at a primary
or general election by the qualified electors of the county. The election
shall be called and held or disapproval by the board of county
commissioners. If the board of county commissioners disapproves the
resolution of the authority, no further action shall be taken by the
authority on the basis of such resolution. If the board of county
commissioners approves the resolution of the authority, the board of
directors of the authority may proceed to authorize and issue the
general obligation bonds in the amount and for the purpose specified
in such resolution. Following approval of the authority's resolution by
the board of county commissioners, the authority shall cause the
resolution to be published once each week for two consecutive weeks in
the official county newspaper. If, within 30 days after the first
publication of the resolution, a petition in opposition to the issuance of
the bonds, signed by not less than 5% of the qualified electors of the
county, is filed with the county election officer, the board of directors
shall submit the proposed issuance of general obligation bonds to the
electors of the county in the manner provided by the general bond law.
If a majority of the voters voting on the question proposition at the
election vote in favor thereof of the issuance, the bonds may be issued
in the manner provided by the general bond law. Whenever an election
has been called in which all of the qualified electors of the county are
eligible to vote, the board also may submit for approval at such election
any proposed issuance of general obligation bonds in an amount which
is equal to or which exceeds $1,000,000 by the authority.
General obligation bonds of the authority shall not be issued in an
amount in excess of 1.85% of the assessed valuation of all the taxable
tangible property within the county as shown by the assessment books
of the previous year, unless a resolution of the authority to exceed
1.85% of the assessed value of all the taxable tangible property within
the county as shown by the assessment books of the previous year for a
general obligation bond issuance is approved by the board of county
commissioners. If the board of county commissioners disapproves the
resolution of the authority, no further action shall be taken by the
authority on the basis of such resolution. If the board of county HOUSE BILL No. 2336—page 2
commissioners approves the resolution of the authority, the board of
directors of the authority may proceed to authorize and issue the
general obligation bonds in the amount and for the purpose specified
in such resolution. Following approval of the resolution of the
authority by the board of county commissioners, the authority shall
cause the resolution to be published once each week for two
consecutive weeks in the official county newspaper. If, within 30 days
after the first publication of the resolution, a petition in opposition to
the issuance of the bonds, signed by not less than 5% of the qualified
electors of the county is filed with the county election officer, the board
of directors shall submit the proposed issuance of general obligation
bonds to the electors of the county in the manner provided in the
general bond law. If a majority of the voters voting on the proposition
at the election vote in favor of the issuance, the bonds may be issued by
the authority. The general obligation bonds of the authority shall be
authorized, issued, registered and sold in the manner provided by the
general bond law and shall bear interest at a rate not to exceed the
maximum rate prescribed by K.S.A. 10-1009, and amendments thereto.
The full faith and credit of the authority shall be pledged to the
payment of the general obligation bonds of the authority. The general
obligation bonds of the authority shall not constitute a debt or
obligation of the city or county.
(c) The authority may issue revenue bonds from time to time for
the purpose of purchasing, constructing or otherwise acquiring,
repairing, extending or improving any property or facility of the
authority and may pledge to the payment of the revenue bonds, both
principal and interest, any rental, rates, fees or charges derived or to be
derived by the authority from property or facilities owned or operated
by it. The revenue bonds of the authority shall mature not later than 35
years after the date of issuance. The revenue bonds shall bear interest at
a rate not exceeding the maximum rate of interest prescribed by K.S.A.
10-1009, and amendments thereto. The bonds and any interest coupons
shall be negotiable. The bonds shall contain recitals stating the
authority under which the bonds are issued, that they are issued in
conformity with the provisions, restrictions and limitations of the
authority and that the bonds and interest thereon shall be paid by the
issuing authority from any rental, rates, fees or charges derived or to be
derived by the authority from property or facilities owned or operated
by it and not from any other fund or source. The bonds shall be
registered in the office of the secretary or clerk of the authority issuing
the bonds.
(d) The authority may issue the industrial revenue bonds of the
authority in the manner provided by K.S.A. 12-1740 to through 12-
1749, inclusive, and amendments thereto, and any other applicable
provisions of law.
(e) The board of directors may, on its own initiative, submit any
proposed issuance of bonds for approval, by the qualified electors of
the county at a primary or general election. Such election shall be
otherwise called and held in the manner provided by the general bond
law. Whenever an election has been called in which all the qualified
electors of the county are eligible to vote, the board also may submit
the question of issuing such bonds for approval at such election.
Sec. 2. K.S.A. 75-1253 is hereby amended to read as follows: 75-
1253. (a) (1) Whenever it becomes necessary in the judgment of the
secretary of administration or in any case when the total construction
cost of a project for the construction of a building or for major repairs
or improvements to a building for a state agency is expected to exceed
$1,000,000 the amount specified in paragraph (2), the secretary of
administration shall convene a negotiating committee. The state
building advisory commission shall prepare a list of at least three and
but not more than five firms which that are, in the opinion of the state
building advisory commission, qualified to serve as project architect,
engineer or land surveyor for the project. Such list shall be submitted to
the negotiating committee, without any recommendation of preference HOUSE BILL No. 2336—page 3
or other recommendation.
(2) The construction cost threshold to convene a negotiating
committee as provided by paragraph (1) shall be $1,500,000 for fiscal
year 2024. For fiscal year 2025, and all fiscal years thereafter, the
threshold to convene a negotiating committee shall be the threshold
amount for the immediately preceding fiscal year increased by an
amount equal to the percentage increase in the consumer price index
for all urban consumers as published by the bureau of labor statistics
of the United States department of labor during the immediately
preceding fiscal year rounded to the nearest whole dollar amount.
(b) The secretary of administration may combine two or more
separate projects for the construction of buildings or for major repairs
or improvements to buildings for state agencies, for the purpose of
procuring architectural, engineering or land surveying services for all
such projects from a single firm. In each case, the combined projects
shall be construed to be a single project for all purposes under the
provisions of K.S.A. 75-1250 through 75-1267, and amendments
thereto.
(c) (1) This section shall not apply to any repetitive project with a
standard plan that was originally designed by the secretary of
administration or an agency architect pursuant to K.S.A. 75-1254(a)(2)
and (3), and amendments thereto. In such a case, the secretary of
administration or the agency architect may provide architectural
services for the repetitive project.
(2) "Repetitive project" means a project which that uses the same
standard design as was used for a project constructed previously,
including, but not limited to, sub-area shops and salt domes of the
department of transportation and showers and toilet buildings of the
Kansas department of wildlife, and parks and tourism. The plans for the
project may be modified as required for current codes, operational
needs or cost control. The total floor area of the project may be
increased by an area of not more than 25% of the floor area of the
originally constructed project, except that not more than 25% of the
linear feet of the exterior and interior walls may be moved for such
increase. A project shall not be considered to be repetitive if it has been
over four years between the substantial completion of the last project
using the design plans and the appropriation of funds for the proposed
project.
Sec. 3. K.S.A. 75-5804 is hereby amended to read as follows: 75-
5804. (a) (1) Whenever it becomes necessary in the judgment of the
agency head of a state agency for which a project is proposed and, in
any case where the total construction cost of such a proposed project is
expected to exceed $500,000 the amount specified in paragraph (2),
the agency head shall convene a negotiating committee. Except as
otherwise provided in subsection (b), the agency head shall submit the
list of at least three and but not more than five of the most highly
qualified firms to the negotiating committee so convened, without any
recommendation of preference or other recommendation.
(2) The construction cost threshold to convene a negotiating
committee as provided by paragraph (1) shall be $1,500,000 for fiscal
year 2024. For fiscal year 2025, and all fiscal years thereafter, the
threshold to convene a negotiating committee shall be the threshold
amount for the immediately preceding fiscal year increased by an
amount equal to the percentage increase in the consumer price index
for all urban consumers as published by the bureau of labor statistics
of the United States department of labor during the immediately
preceding fiscal year rounded to the nearest whole dollar amount.
(b) Whenever a negotiating committee is convened under this
section for a proposed project requiring engineering or land surveying
services which that concerns the construction of any building or facility
or any major repairs or improvements to any building or facility,
including but not limited, to any heating, cooling or power facility, for a
state agency, the agency head for the state agency shall notify the state
building advisory commission of the project and shall request a list of HOUSE BILL No. 2336—page 4
firms qualified to provide the engineering or land surveying services
for the proposed project. Upon receipt of any such request the state
building advisory commission shall evaluate the current statements of
qualifications and performance data on file, together with those
statements that may be submitted by other firms regarding the proposed
project and other information developed and available to the state
building advisory commission. The commission shall prepare a list of
at least three and but not more than five firms which that, in the opinion
of the state building advisory commission, are qualified to furnish the
engineering or land surveying services for the proposed project. Each
such list shall be submitted to the negotiating committee so convened
without any recommendation of preference or other recommendation.
Sec. 4. K.S.A. 27-334, 75-1253 and 75-5804 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
HOUSE, and was adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.