| 10 | | - | New Section 1. (a) The provisions of sections 1 through 8, and |
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| 11 | | - | amendments thereto, shall be known and may be cited as the Kansas |
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| 12 | | - | campus restoration act. |
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| 13 | | - | (b) The purpose of the Kansas campus restoration act is to reduce |
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| 14 | | - | deferred maintenance of educational mission-critical facilities at |
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| 15 | | - | postsecondary educational institutions, to bring such facilities to a state |
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| 16 | | - | of good repair and to provide for the demolition or razing of facilities at |
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| 17 | | - | state educational institutions that are no longer mission-critical. |
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| 18 | | - | (c) As used in the Kansas campus restoration act: |
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| 19 | | - | (1) "Board of regents" means the same as defined in K.S.A. 76- |
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| 20 | | - | 711, and amendments thereto. |
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| 21 | | - | (2) "Fund" means the Kansas campus restoration fund established |
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| 22 | | - | in section 2, and amendments thereto. |
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| 23 | | - | (3) "Postsecondary educational institution" means the same as |
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| 24 | | - | defined in K.S.A. 74-3201b, and amendments thereto. |
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| 25 | | - | (4) "State educational institution" means the same as defined in |
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| 26 | | - | K.S.A. 76-711, and amendments thereto. |
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| 27 | | - | New Sec. 2. (a) There is hereby established in the state treasury |
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| 28 | | - | the Kansas campus restoration fund. The Kansas campus restoration |
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| 29 | | - | fund shall be administered by the board of regents. All expenditures |
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| 30 | | - | from the fund shall be made in accordance with appropriation acts upon |
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| 31 | | - | warrants of the director of accounts and reports issued pursuant to |
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| 32 | | - | vouchers approved by the board of regents or by a person or persons |
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| 33 | | - | designated by the board of regents. |
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| 34 | | - | (b) A deferred maintenance account of the fund shall be |
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| 35 | | - | established for each postsecondary educational institution for the |
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| 36 | | - | purpose of making capital improvement expenditures from the fund. |
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| 37 | | - | (c) (1) Except as provided in paragraphs (2) and (3), all |
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| 38 | | - | expenditures from the fund shall require a match of nonstate moneys on |
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| 39 | | - | a $1-for-$1 basis from either the postsecondary educational institution |
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| 40 | | - | or private moneys. |
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| 41 | | - | (2) Expenditures from the fund for a community college, technical |
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| 42 | | - | college, institute of technology or municipal university shall not require |
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| 43 | | - | a match. |
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| 44 | | - | (3) Expenditures from the fund from a state educational |
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| 45 | | - | institution's deferred maintenance account for demolition or razing of |
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| 46 | | - | buildings or facilities on the campus of such state educational |
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| 47 | | - | institution shall not require a match. |
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| 48 | | - | (d) On or before the 10 |
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| 49 | | - | th |
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| 50 | | - | day of each month, the director of |
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| 51 | | - | accounts and reports shall transfer from the state general fund to the |
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| 52 | | - | Kansas campus restoration fund interest earnings based on: |
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| 53 | | - | (1) The average daily balance of moneys in the Kansas campus |
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| 54 | | - | restoration fund for the preceding month; and |
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| 55 | | - | (2) the net earnings rate for the pooled money investment portfolio |
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| 56 | | - | for the preceding month. |
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| 57 | | - | New Sec. 3. On July 1, 2025, July 1, 2026, July 1, 2027, July 1, |
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| 58 | | - | 2028, July 1, 2029, and July 1, 2030, or as soon thereafter each such |
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| 59 | | - | date as moneys are available, the director of accounts and reports shall |
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| 60 | | - | transfer $32,700,000 from the state general fund to the Kansas campus |
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| 61 | | - | restoration fund. |
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| 62 | | - | New Sec. 4. (a) Each state educational institution shall develop SENATE BILL No. 18—page 2 |
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| 63 | | - | and submit to the board of regents a plan for the purpose of |
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| 64 | | - | rehabilitating, remodeling or renovating existing facilities or building |
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| 65 | | - | new facilities that are mission-critical of such state educational |
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| 66 | | - | institution and to bring such facilities to a state of good repair. Such |
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| 67 | | - | plan shall also include a list of facilities for demolition or razing. Each |
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| 68 | | - | state educational institution's plan shall be subject to approval by the |
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| 69 | | - | board of regents. |
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| 70 | | - | (b) The board of regents shall develop a comprehensive Kansas |
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| 71 | | - | campus restoration plan that includes facilities from each state |
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| 72 | | - | educational institution's plan as approved by the board of regents. |
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| 73 | | - | (c) The board of regents shall ensure that facilities located on the |
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| 74 | | - | Kansas state university Salina campus and the university of Kansas |
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| 75 | | - | Edwards campus in Overland Park, Kansas, are not excluded from |
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| 76 | | - | direct participation in the Kansas campus restoration plan. |
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| 77 | | - | (d) The Kansas campus restoration plan shall encourage, and the |
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| 78 | | - | board of regents may require, a reduction of total campus square |
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| 79 | | - | footage in a project associated with such plan. |
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| 80 | | - | New Sec. 5. (a) Commencing in fiscal year 2026 through fiscal |
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| 81 | | - | year 2031, the board of regents shall distribute in each fiscal year an |
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| 82 | | - | aggregate amount of $30,000,000 from the Kansas campus restoration |
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| 83 | | - | fund to each state educational institution's deferred maintenance |
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| 84 | | - | account established pursuant to section 2, and amendments thereto, in |
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| 85 | | - | accordance with the Kansas campus restoration plan developed and |
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| 86 | | - | approved pursuant to section 4, and amendments thereto. |
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| 87 | | - | (b) Commencing in fiscal year 2026 through fiscal year 2031, the |
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| 88 | | - | board of regents shall credit $100,000 in each fiscal year from the |
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| 89 | | - | Kansas campus restoration fund to each community college, technical |
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| 90 | | - | college, institute of technology and municipal university account |
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| 91 | | - | established pursuant to section 2, and amendments thereto. |
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| 92 | | - | New Sec. 6. The board of regents is hereby authorized to adopt |
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| 93 | | - | rules and regulations necessary to implement and administer the |
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| 94 | | - | provisions of the Kansas campus restoration act and shall adopt rules |
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| 95 | | - | and regulations to define: |
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| 96 | | - | (a) "Educational mission-critical facilities." Such definition may |
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| 97 | | - | include, but not be limited to, any facility of a research or economic |
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| 98 | | - | generation capacity that the board of regents deems essential. Such |
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| 99 | | - | definition shall not include auxiliary or athletic-funded facilities; and |
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| 100 | | - | (b) "state of good repair." Such definition shall be of an industry |
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| 101 | | - | standard and shall be presented to the joint committee on state building |
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| 102 | | - | construction for review and comment. |
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| 103 | | - | New Sec. 7. Annually on or before the first day of the regular |
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| 104 | | - | session of the legislature: |
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| 105 | | - | (a) The board of regents shall submit a report on the progress of |
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| 106 | | - | the Kansas campus restoration plan to the senate committee on ways |
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| 107 | | - | and means, the house of representatives committee on appropriations, |
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| 108 | | - | the house of representatives higher education budget committee and the |
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| 109 | | - | joint committee on state building construction; and |
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| 110 | | - | (b) each community college, technical college, institute of |
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| 111 | | - | technology and municipal university shall submit a report on each |
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| 112 | | - | institution's expenditures of moneys received pursuant to section 5(b), |
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| 113 | | - | and amendments thereto, to the board of regents, the senate committee |
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| 114 | | - | on ways and means, the house of representatives committee on |
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| 115 | | - | appropriations and the house of representatives higher education budget |
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| 116 | | - | committee. |
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| 117 | | - | New Sec. 8. The provisions of sections 1 through 8, and |
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| 118 | | - | amendments thereto, shall expire on July 1, 2031. |
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| 119 | | - | Sec. 9. K.S.A. 74-3201b is hereby amended to read as follows: 74- |
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| 120 | | - | 3201b. As used in the Kansas higher education coordination act: |
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| 121 | | - | (a) "Adult basic education program" and "adult supplementary SENATE BILL No. 18—page 3 |
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| 122 | | - | education program" have the meanings respectively ascribed thereto |
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| 123 | | - | mean the same as defined in K.S.A. 74-32,253, and amendments |
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| 124 | | - | thereto. |
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| 125 | | - | (b) "Community college" means any community college |
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| 126 | | - | established under the laws of this state. |
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| 127 | | - | (c) "Institute of technology" or "Washburn institute of technology" |
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| 128 | | - | means the institute of technology at Washburn university. |
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| 129 | | - | (d) "Municipal university" means Washburn university of Topeka |
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| 130 | | - | or any other municipal university established under the laws of this |
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| 9 | + | Section 1. K.S.A. 40-2,125 is hereby amended to read as follows: 40- |
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| 10 | + | 2,125. (a) If the commissioner determines after notice and opportunity for |
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| 11 | + | a hearing that any person has engaged or is engaging in any act or practice |
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| 12 | + | constituting a violation of any provision of Kansas insurance statutes or |
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| 13 | + | any rule and regulation or order thereunder, the commissioner may in the |
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| 14 | + | exercise of discretion, order any one or more of the following: |
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| 15 | + | (1) Payment of a monetary penalty of not more than $1,000 for each |
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| 16 | + | and every act or violation, unless the person knew or reasonably should |
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| 17 | + | have known such person was in violation of the Kansas insurance statutes |
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| 18 | + | or any rule and regulation or order thereunder, in which case the penalty |
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| 19 | + | shall be not more than $2,000 for each and every act or violation; |
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| 20 | + | (2) suspension or revocation of the person's license or certificate if |
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| 21 | + | such person knew or reasonably should have known that such person was |
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| 22 | + | in violation of the Kansas insurance statutes or any rule and regulation or |
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| 23 | + | order thereunder; or |
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| 24 | + | (3) that such person cease and desist from the unlawful act or practice |
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| 25 | + | and take such affirmative action as in the judgment of the commissioner |
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| 26 | + | will carry out the purposes of the violated or potentially violated provision. |
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| 27 | + | (b) If any person fails to file any report or other information with the |
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| 28 | + | commissioner as required by statute or fails to respond to any proper |
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| 29 | + | inquiry of the commissioner, the commissioner, after notice and |
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| 30 | + | opportunity for hearing, may impose a civil penalty of up to $1,000, for |
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| 31 | + | each violation or act, along with an additional penalty of up to $500 for |
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| 32 | + | each week thereafter that such report or other information is not provided |
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| 33 | + | to the commissioner. |
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| 34 | + | (c) If the commissioner makes written findings of fact that there is a |
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| 35 | + | situation involving an immediate danger to the public health, safety or |
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| 36 | + | welfare or the public interest will be irreparably harmed by delay in |
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| 37 | + | issuing an order under subsection (a)(3), the commissioner may issue an |
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| 38 | + | emergency temporary cease and desist order. Such order, even when not an |
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| 39 | + | order within the meaning of K.S.A. 77-502, and amendments thereto, shall |
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| 76 | + | be subject to the same procedures as an emergency order issued under |
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| 77 | + | K.S.A. 77-536, and amendments thereto. Upon the entry of such an order, |
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| 78 | + | the commissioner shall promptly notify the person subject to the order |
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| 79 | + | that: (1) It has been entered; (2) the reasons therefor; and (3) that upon |
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| 80 | + | written request within 15 days after service of the order the matter will be |
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| 81 | + | set for a hearing which shall be conducted in accordance with the |
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| 82 | + | provisions of the Kansas administrative procedure act. If no hearing is |
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| 83 | + | requested and none is ordered by the commissioner, the order will remain |
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| 84 | + | in effect until it is modified or vacated by the commissioner. If a hearing is |
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| 85 | + | requested or ordered, the commissioner, after notice of and opportunity for |
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| 86 | + | hearing to the person subject to the order, shall by written findings of fact |
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| 87 | + | and conclusions of law vacate, modify or make permanent the order. |
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| 88 | + | (d) For purposes of this section: |
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| 89 | + | (1) "Person" means any individual, corporation, association, |
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| 90 | + | partnership, reciprocal exchange, inter-insurer, Lloyd's insurer, fraternal |
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| 91 | + | benefit society and any other legal entity engaged in the business of |
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| 92 | + | insurance, rating organization, third party administrator, nonprofit dental |
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| 93 | + | service corporation, nonprofit medical and hospital service corporation, |
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| 94 | + | automobile club, premium financing company, health maintenance |
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| 95 | + | organization, insurance holding company, mortgage guaranty insurance |
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| 96 | + | company, risk retention or purchasing group, prepaid legal and dental |
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| 97 | + | service plan, captive insurance company, automobile self-insurer or |
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| 98 | + | reinsurance intermediary and any other legal entity under the jurisdiction |
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| 99 | + | of the commissioner. The term "person" shall does not include insurance |
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| 100 | + | agents and brokers as such terms are defined in K.S.A. 40-4902, and |
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| 101 | + | amendments thereto. |
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| 102 | + | (2) "Commissioner" means the commissioner of insurance of this |
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