Kansas 2023 2023-2024 Regular Session

Kansas House Bill HB2336 Comm Sub / Analysis

                    SESSION OF 2023
CONFERENCE COMMITTEE REPORT BRIEF
 HOUSE BILL NO. 2336
As Agreed to April 5, 2023
Brief*
HB 2336 would amend law pertaining to the issuance of general obligation bonds by 
airport authorities enacted under the Surplus Property and Public Airport Authority Act and 
increase the cost thresholds under which a negotiating committee must be convened for state 
construction projects .
The bill would increase the amount of general obligation bonds that may be issued by such 
boards without approval from $1.0 million to $10.0 million and require amounts in excess of 
$10.0 million to be approved by the relevant board of county commissioners, rather than by 
general election.
The bill would also permit a board of county commissioners to approve the issuance of 
such bonds in an amount in excess of 1.85 percent of the assessed valuation of tangible 
personal property within the county.
The bill would further specify any issuance of bonds subject to approval by a board of 
county commissioners could be petitioned by qualified electors of the county to be submitted to 
a general election in the manner provided for in continuing law.
Additionally, the bill would increase the cost thresholds for state building projects at which 
a negotiating committee must be convened for the selection of architectural, engineering, or 
land surveying services to $1.5 million and provide for future increases to the thresholds that 
would begin in FY 2025 based upon increases in the consumer price index for all urban 
consumers as published by the Bureau of Labor Statistics of the U.S. Department of Labor.
[Note: Current law sets the cost threshold at $1.0 million for the Department of 
Administration and $500,000 for all other state agencies.]
The bill would also limit the costs applying to the thresholds from the total project costs to 
the construction costs of the project.
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*Conference committee report briefs are prepared by the Legislative Research Department and do not express 
legislative intent. No summary is prepared when the report is an agreement to disagree. Conference committee 
report briefs may be accessed on the Internet at http://www.kslegislature.org/klrd 
1 - 2336  Conference Committee Action
The Conference Committee agreed to the provisions of HB 2336, as amended by the 
Senate Committee on Commerce, and agreed to add the contents of HB 2234, as amended by 
the Senate Committee on Commerce.
Background
HB 2336
The bill was introduced by the House Committee on Transportation at the request of 
Senator Dietrich.
House Committee on Commerce, Labor and Economic Development
In the House Committee hearing, proponent testimony was provided by representatives of 
the Metropolitan Topeka Airport Authority and the Board of County Commissioners of Shawnee 
County. The proponents generally stated the bill would allow for necessary improvements to be 
made at Topeka’s two airports which are not suitable for modern aircraft and lack the buildings 
and facilities necessary to attract businesses. The bonding authority threshold has not been 
modified since 1978.
Written-only proponent testimony was provided by representatives of the City of Topeka 
and Greater Topeka Chamber of Commerce. No other testimony was provided.
Senate Committee on Commerce
In the Senate Committee hearing, proponent testimony was provided by representatives 
of the Metropolitan Topeka Airport Authority and Greater Topeka Chamber of Commerce. The 
proponents provided testimony similar to the testimony provided at the House Committee 
hearing.
Written-only proponent testimony was provided by representatives of the City of Topeka 
and the Board of County Commissioners of Shawnee County. No other testimony was provided.
The Senate Committee amended the bill to:
●Require increases in excess of $10.0 million to be approved by a board of county 
commissioners; [Note: The Conference Committee retained the amendment.]
●Allow for issuance of bonds in amounts in excess of 1.85 percent; and [Note: The 
Conference Committee retained the amendment.]
●Provide that any issuance of bonds subject to approval by a board of county 
commissioners could be submitted to a general election. [Note: The Conference 
Committee retained the amendment.]
2 - 2336  HB 2234
The bill was introduced by the House Committee on Commerce, Labor and Economic 
Development at the request of a representative of the State Board of Regents.
House Committee on Commerce, Labor and Economic Development
In the House Committee hearing, proponent testimony was provided by representatives of 
the American Council of Engineering Companies of Kansas, American Institute of Architects of 
Kansas, Department of Administration, Department of Transportation, and State Board of 
Regents. The proponents generally stated enactment of the bill would reduce administrative 
costs of building projects and was appropriate to bring the previously enacted thresholds in line 
with inflation since their enactment. No other testimony was provided.
The House Committee amended the bill to provide for future increases based upon 
inflation. [Note: The Conference Committee retained the amendment.]
Senate Committee on Commerce
In the Senate Committee hearing, proponent testimony was provided by representatives 
of the American Council of Engineering Companies of Kansas, American Institute of Architects 
of Kansas, Department of Administration, Department of Transportation, and State Board of 
Regents. The proponents generally stated enactment of the bill would reduce administrative 
costs of building projects and was appropriate to bring the previously enacted thresholds in line 
with inflation since their enactment. No other testimony was provided.
The Senate Committee amended the bill to make it effective upon publication in the 
Kansas Register. [Note: The Conference Committee did not retain the amendment.]
Fiscal Information
HB 2336
According to the fiscal note prepared by the Division of the Budget on the bill, as 
introduced, there would be no state fiscal effect.
The Kansas Association of Counties indicates the bill could have an indeterminate fiscal 
effect on counties with an airport authority.
HB 2234
According to the fiscal note prepared by the Division of the Budget on the bill, as 
introduced, the Department of Administration indicates the bill would not have a fiscal effect on 
agency operations, but would allow for projects to be completed more efficiently. The 
Department of Transportation indicates the bill would have a fiscal effect on the agency by 
streamlining the process for engaging in relevant services. The State Board of Regents 
3 - 2336  indicates enactment of the bill would reduce time spent by negotiating committees and time and 
funding spent by qualified firms in responding to negotiating committees.
Any fiscal effect associated with the bill is not reflected in The FY 2024 Governor’s Budget 
Report.
Bonding authority; Topeka; airport; surplus property and public airport authority act; state construction projects; professional 
services; cost thresholds
ccrb_hb2336_01_topekaairport.odt
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