Kansas 2023-2024 Regular Session

Kansas House Bill HB2336 Compare Versions

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Version 2 (New)

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	1	+	Session of 2023
1	2		HOUSE BILL No. 2336
2		-	AN ACT concerning governmental property; relating to public construction and
3		-	improvement projects; increasing the bonding authority for public airport authorities
4		-	for projects up to $10,000,000; permitting bonding authority of more than
5		-	$10,000,000 or in excess of the 1.85% statutory limitation based on assessed value of
6		-	property within the county upon approval by the board of county commissioners;
7		-	increasing the cost threshold for mandatory convening of a negotiating committee to
8		-	obtain professional services for state construction projects; providing for an annual
9		-	increase in such cost threshold based on the consumer price index; changing the
10		-	measure of such cost threshold from "total project cost" to "construction cost";
11		-	amending K.S.A. 27-334, 75-1253 and 75-5804 and repealing the existing sections.
	3	+	By Committee on Transportation
	4	+	2-7
	5	+	AN ACT concerning the surplus property and public airport authority act;
	6	+	relating to bonding authority; providing for increased bonding authority
	7	+	up to $10,000,000; amending K.S.A. 27-334 and repealing the existing
	8	+	section.
12	9		Be it enacted by the Legislature of the State of Kansas:
13		-	Section 1. K.S.A. 27-334 is hereby amended to read as follows:
14		-	27-334. (a) The authority may issue its own general obligation bonds,
15		-	revenue bonds and industrial revenue bonds as provided by this section.
16		-	(b) Prior to the issuance of general obligation bonds in an amount
17		-	less than $1,000,000 $10,000,000, the board of directors of the
18		-	authority shall adopt a resolution setting forth the principal amounts of
19		-	and the purpose for which the bonds are to be issued, and shall cause
20		-	the same such resolution to be published once each week for two
21		-	consecutive weeks in the official county newspaper. If, within 30 days
22		-	after the first publication of the resolution, a petition in opposition to
23		-	the issuance of the bonds, signed by not less than 5% of the qualified
24		-	electors of the county is filed with the county election officer, the board
25		-	of directors shall submit the proposed issuance of general obligation
26		-	bonds to the electors of the county in the manner provided in the
27		-	general bond law. If a majority of the voters voting on the proposition
28		-	at the election vote in favor of the issuance, the bonds may be issued by
29		-	the authority.
30		-	The board of directors shall submit any resolution for a proposed
31		-	issuance of general obligation bonds in an amount which that is equal
32		-	to or which exceeds $1,000,000 $10,000,000 for approval at a primary
33		-	or general election by the qualified electors of the county. The election
34		-	shall be called and held or disapproval by the board of county
35		-	commissioners. If the board of county commissioners disapproves the
36		-	resolution of the authority, no further action shall be taken by the
37		-	authority on the basis of such resolution. If the board of county
38		-	commissioners approves the resolution of the authority, the board of
39		-	directors of the authority may proceed to authorize and issue the
40		-	general obligation bonds in the amount and for the purpose specified
41		-	in such resolution. Following approval of the authority's resolution by
42		-	the board of county commissioners, the authority shall cause the
	10	+	Section 1. K.S.A. 27-334 is hereby amended to read as follows: 27-
	11	+	334. (a) The authority may issue its own general obligation bonds, revenue
	12	+	bonds and industrial revenue bonds as provided by this section.
	13	+	(b) Prior to the issuance of general obligation bonds in an amount less
	14	+	than $1,000,000 $10,000,000, the board of directors of the authority shall
	15	+	adopt a resolution setting forth the principal amounts of and the purpose
	16	+	for which the bonds are to be issued, and shall cause the same such
43	17		resolution to be published once each week for two consecutive weeks in
44		-	the official county newspaper. If, within 30 days after the first
45		-	publication of the resolution, a petition in opposition to the issuance of
46		-	the bonds, signed by not less than 5% of the qualified electors of the
47		-	county, is filed with the county election officer, the board of directors
48		-	shall submit the proposed issuance of general obligation bonds to the
49		-	electors of the county in the manner provided by the general bond law.
50		-	If a majority of the voters voting on the question proposition at the
51		-	election vote in favor thereof of the issuance, the bonds may be issued
52		-	in the manner provided by the general bond law. Whenever an election
53		-	has been called in which all of the qualified electors of the county are
54		-	eligible to vote, the board also may submit for approval at such election
55		-	any proposed issuance of general obligation bonds in an amount which
56		-	is equal to or which exceeds $1,000,000 by the authority.
	18	+	the official county newspaper. If, within 30 days after publication of the
	19	+	resolution, a petition in opposition to the issuance of the bonds, signed by
	20	+	not less than 5% of the qualified electors of the county is filed with the
	21	+	county election officer, the board of directors shall submit the proposed
	22	+	issuance of general obligation bonds to the electors of the county in the
	23	+	manner provided in the general bond law. If a majority of the voters voting
	24	+	on the proposition at the election vote in favor of the issuance, the bonds
	25	+	may be issued by the authority.
	26	+	The board of directors shall submit any proposed issuance of general
	27	+	obligation bonds in an amount which that is equal to or which exceeds
	28	+	$1,000,000 $10,000,000 for approval at a primary or general election by
	29	+	the qualified electors of the county. The election shall be called and held in
	30	+	the manner provided by the general bond law. If a majority of the voters
	31	+	voting on the question vote in favor thereof, the bonds may be issued in
	32	+	the manner provided by the general bond law. Whenever an election has
	33	+	been called in which all of the qualified electors of the county are eligible
	34	+	to vote, the board also may submit for approval at such election any
	35	+	proposed issuance of general obligation bonds in an amount which that is
	36	+	equal to or which exceeds $1,000,000 $10,000,000.
57	37		General obligation bonds of the authority shall not be issued in an
58	38		amount in excess of 1.85% of the assessed valuation of all the taxable
59		-	tangible property within the county as shown by the assessment books
60		-	of the previous year, unless a resolution of the authority to exceed
61		-	1.85% of the assessed value of all the taxable tangible property within
62		-	the county as shown by the assessment books of the previous year for a
63		-	general obligation bond issuance is approved by the board of county
64		-	commissioners. If the board of county commissioners disapproves the
65		-	resolution of the authority, no further action shall be taken by the
66		-	authority on the basis of such resolution. If the board of county HOUSE BILL No. 2336—page 2
67		-	commissioners approves the resolution of the authority, the board of
68		-	directors of the authority may proceed to authorize and issue the
69		-	general obligation bonds in the amount and for the purpose specified
70		-	in such resolution. Following approval of the resolution of the
71		-	authority by the board of county commissioners, the authority shall
72		-	cause the resolution to be published once each week for two
73		-	consecutive weeks in the official county newspaper. If, within 30 days
74		-	after the first publication of the resolution, a petition in opposition to
75		-	the issuance of the bonds, signed by not less than 5% of the qualified
76		-	electors of the county is filed with the county election officer, the board
77		-	of directors shall submit the proposed issuance of general obligation
78		-	bonds to the electors of the county in the manner provided in the
79		-	general bond law. If a majority of the voters voting on the proposition
80		-	at the election vote in favor of the issuance, the bonds may be issued by
81		-	the authority. The general obligation bonds of the authority shall be
	39	+	tangible property within the county as shown by the assessment books of
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	75	+	36 HB 2336 2
	76	+	the previous year. The general obligation bonds of the authority shall be
82	77		authorized, issued, registered and sold in the manner provided by the
83	78		general bond law and shall bear interest at a rate not to exceed the
84	79		maximum rate prescribed by K.S.A. 10-1009, and amendments thereto.
85		-	The full faith and credit of the authority shall be pledged to the
86		-	payment of the general obligation bonds of the authority. The general
87		-	obligation bonds of the authority shall not constitute a debt or
88		-	obligation of the city or county.
89		-	(c) The authority may issue revenue bonds from time to time for
90		-	the purpose of purchasing, constructing or otherwise acquiring,
91		-	repairing, extending or improving any property or facility of the
92		-	authority and may pledge to the payment of the revenue bonds, both
93		-	principal and interest, any rental, rates, fees or charges derived or to be
94		-	derived by the authority from property or facilities owned or operated
95		-	by it. The revenue bonds of the authority shall mature not later than 35
96		-	years after the date of issuance. The revenue bonds shall bear interest at
97		-	a rate not exceeding the maximum rate of interest prescribed by K.S.A.
98		-	10-1009, and amendments thereto. The bonds and any interest coupons
99		-	shall be negotiable. The bonds shall contain recitals stating the
100		-	authority under which the bonds are issued, that they are issued in
101		-	conformity with the provisions, restrictions and limitations of the
102		-	authority and that the bonds and interest thereon shall be paid by the
103		-	issuing authority from any rental, rates, fees or charges derived or to be
104		-	derived by the authority from property or facilities owned or operated
105		-	by it and not from any other fund or source. The bonds shall be
106		-	registered in the office of the secretary or clerk of the authority issuing
107		-	the bonds.
	80	+	The full faith and credit of the authority shall be pledged to the payment of
	81	+	the general obligation bonds of the authority. The general obligation bonds
	82	+	of the authority shall not constitute a debt or obligation of the city or
	83	+	county.
	84	+	(c) The authority may issue revenue bonds from time to time for the
	85	+	purpose of purchasing, constructing or otherwise acquiring, repairing,
	86	+	extending or improving any property or facility of the authority and may
	87	+	pledge to the payment of the revenue bonds, both principal and interest,
	88	+	any rental, rates, fees or charges derived or to be derived by the authority
	89	+	from property or facilities owned or operated by it. The revenue bonds of
	90	+	the authority shall mature not later than 35 years after the date of issuance.
	91	+	The revenue bonds shall bear interest at a rate not exceeding the maximum
	92	+	rate of interest prescribed by K.S.A. 10-1009, and amendments thereto.
	93	+	The bonds and any interest coupons shall be negotiable. The bonds shall
	94	+	contain recitals stating the authority under which the bonds are issued, that
	95	+	they are issued in conformity with the provisions, restrictions and
	96	+	limitations of the authority and that the bonds and interest thereon shall be
	97	+	paid by the issuing authority from any rental, rates, fees or charges derived
	98	+	or to be derived by the authority from property or facilities owned or
	99	+	operated by it and not from any other fund or source. The bonds shall be
	100	+	registered in the office of the secretary or clerk of the authority issuing the
	101	+	bonds.
108	102		(d) The authority may issue the industrial revenue bonds of the
109		-	authority in the manner provided by K.S.A. 12-1740 to through 12-
110		-	~~1749,~~ inclusive, and amendments thereto, and any other applicable
111		-	~~provisions of~~ law.
	103	+	authority in the manner provided by K.S.A. 12-1740 to through 12-1749,
	104	+	inclusive, and amendments thereto, and any other applicable provisions of
	105	+	law.
112	106		(e) The board of directors may, on its own initiative, submit any
113		-	proposed issuance of bonds for approval, by the qualified electors of
114		-	the county at a primary or general election. Such election shall be
115		-	otherwise called and held in the manner provided by the general bond
116		-	law. Whenever an election has been called in which all the qualified
117		-	electors of the county are eligible to vote, the board also may submit
118		-	the question of issuing such bonds for approval at such election.
119		-	Sec. 2. K.S.A. 75-1253 is hereby amended to read as follows: 75-
120		-	1253. (a) (1) Whenever it becomes necessary in the judgment of the
121		-	secretary of administration or in any case when the total construction
122		-	cost of a project for the construction of a building or for major repairs
123		-	or improvements to a building for a state agency is expected to exceed
124		-	$1,000,000 the amount specified in paragraph (2), the secretary of
125		-	administration shall convene a negotiating committee. The state
126		-	building advisory commission shall prepare a list of at least three and
127		-	but not more than five firms which that are, in the opinion of the state
128		-	building advisory commission, qualified to serve as project architect,
129		-	engineer or land surveyor for the project. Such list shall be submitted to
130		-	the negotiating committee, without any recommendation of preference HOUSE BILL No. 2336—page 3
131		-	or other recommendation.
132		-	(2) The construction cost threshold to convene a negotiating
133		-	committee as provided by paragraph (1) shall be $1,500,000 for fiscal
134		-	year 2024. For fiscal year 2025, and all fiscal years thereafter, the
135		-	threshold to convene a negotiating committee shall be the threshold
136		-	amount for the immediately preceding fiscal year increased by an
137		-	amount equal to the percentage increase in the consumer price index
138		-	for all urban consumers as published by the bureau of labor statistics
139		-	of the United States department of labor during the immediately
140		-	preceding fiscal year rounded to the nearest whole dollar amount.
141		-	(b) The secretary of administration may combine two or more
142		-	separate projects for the construction of buildings or for major repairs
143		-	or improvements to buildings for state agencies, for the purpose of
144		-	procuring architectural, engineering or land surveying services for all
145		-	such projects from a single firm. In each case, the combined projects
146		-	shall be construed to be a single project for all purposes under the
147		-	provisions of K.S.A. 75-1250 through 75-1267, and amendments
148		-	thereto.
149		-	(c) (1) This section shall not apply to any repetitive project with a
150		-	standard plan that was originally designed by the secretary of
151		-	administration or an agency architect pursuant to K.S.A. 75-1254(a)(2)
152		-	and (3), and amendments thereto. In such a case, the secretary of
153		-	administration or the agency architect may provide architectural
154		-	services for the repetitive project.
155		-	(2) "Repetitive project" means a project which that uses the same
156		-	standard design as was used for a project constructed previously,
157		-	including, but not limited to, sub-area shops and salt domes of the
158		-	department of transportation and showers and toilet buildings of the
159		-	Kansas department of wildlife, and parks and tourism. The plans for the
160		-	project may be modified as required for current codes, operational
161		-	needs or cost control. The total floor area of the project may be
162		-	increased by an area of not more than 25% of the floor area of the
163		-	originally constructed project, except that not more than 25% of the
164		-	linear feet of the exterior and interior walls may be moved for such
165		-	increase. A project shall not be considered to be repetitive if it has been
166		-	over four years between the substantial completion of the last project
167		-	using the design plans and the appropriation of funds for the proposed
168		-	project.
169		-	Sec. 3. K.S.A. 75-5804 is hereby amended to read as follows: 75-
170		-	5804. (a) (1) Whenever it becomes necessary in the judgment of the
171		-	agency head of a state agency for which a project is proposed and, in
172		-	any case where the total construction cost of such a proposed project is
173		-	expected to exceed $500,000 the amount specified in paragraph (2),
174		-	the agency head shall convene a negotiating committee. Except as
175		-	otherwise provided in subsection (b), the agency head shall submit the
176		-	list of at least three and but not more than five of the most highly
177		-	qualified firms to the negotiating committee so convened, without any
178		-	recommendation of preference or other recommendation.
179		-	(2) The construction cost threshold to convene a negotiating
180		-	committee as provided by paragraph (1) shall be $1,500,000 for fiscal
181		-	year 2024. For fiscal year 2025, and all fiscal years thereafter, the
182		-	threshold to convene a negotiating committee shall be the threshold
183		-	amount for the immediately preceding fiscal year increased by an
184		-	amount equal to the percentage increase in the consumer price index
185		-	for all urban consumers as published by the bureau of labor statistics
186		-	of the United States department of labor during the immediately
187		-	preceding fiscal year rounded to the nearest whole dollar amount.
188		-	(b) Whenever a negotiating committee is convened under this
189		-	section for a proposed project requiring engineering or land surveying
190		-	services which that concerns the construction of any building or facility
191		-	or any major repairs or improvements to any building or facility,
192		-	including but not limited, to any heating, cooling or power facility, for a
193		-	state agency, the agency head for the state agency shall notify the state
194		-	building advisory commission of the project and shall request a list of HOUSE BILL No. 2336—page 4
195		-	firms qualified to provide the engineering or land surveying services
196		-	for the proposed project. Upon receipt of any such request the state
197		-	building advisory commission shall evaluate the current statements of
198		-	qualifications and performance data on file, together with those
199		-	statements that may be submitted by other firms regarding the proposed
200		-	project and other information developed and available to the state
201		-	building advisory commission. The commission shall prepare a list of
202		-	at least three and but not more than five firms which that, in the opinion
203		-	of the state building advisory commission, are qualified to furnish the
204		-	engineering or land surveying services for the proposed project. Each
205		-	such list shall be submitted to the negotiating committee so convened
206		-	without any recommendation of preference or other recommendation.
207		-	Sec. 4. K.S.A. 27-334, 75-1253 and 75-5804 are hereby repealed.
208		-	Sec. 5. This act shall take effect and be in force from and after its
	107	+	proposed issuance of bonds for approval, by the qualified electors of the
	108	+	county at a primary or general election. Such election shall be otherwise
	109	+	called and held in the manner provided by the general bond law. Whenever
	110	+	an election has been called in which all the qualified electors of the county
	111	+	are eligible to vote, the board also may submit the question of issuing such
	112	+	bonds for approval at such election.
	113	+	Sec. 2. K.S.A. 27-334 is hereby repealed.
	114	+	Sec. 3. This act shall take effect and be in force from and after its
209	115		publication in the statute book.
210		-	I hereby certify that the above BILL originated in the
211		-	HOUSE, and was adopted by that body
212		-
213		-	HOUSE adopted
214		-	Conference Committee Report
215		-
216		-	Speaker of the House.
217		-
218		-	Chief Clerk of the House.
219		-	Passed the SENATE
220		-	as amended
221		-	SENATE adopted
222		-	Conference Committee Report
223		-
224		-	President of the Senate.
225		-
226		-	Secretary of the Senate.
227		-	APPROVED
228		-
229		-
230		-	Governor.
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