Kansas 2023-2024 Regular Session

Kansas Senate Bill SB18 Latest Draft

Bill / Enrolled Version Filed 04/25/2024

                            SENATE BILL No. 18
AN ACT concerning the state board of regents; enacting the Kansas campus restoration act; 
relating to deferred maintenance and demolition of facilities at postsecondary 
educational institutions; authorizing the board to adopt rules and regulations; 
establishing the Kansas campus restoration fund in the state treasury; authorizing 
certain transfers from the state general fund to the Kansas campus restoration fund; 
requiring annual reports be submitted to certain committees of the legislature; 
amending K.S.A. 74-3201b and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The provisions of sections 1 through 8, and 
amendments thereto, shall be known and may be cited as the Kansas 
campus restoration act.
(b) The purpose of the Kansas campus restoration act is to reduce 
deferred maintenance of educational mission-critical facilities at 
postsecondary educational institutions, to bring such facilities to a state 
of good repair and to provide for the demolition or razing of facilities at 
state educational institutions that are no longer mission-critical.
(c) As used in the Kansas campus restoration act:
(1) "Board of regents" means the same as defined in K.S.A. 76-
711, and amendments thereto.
(2) "Fund" means the Kansas campus restoration fund established 
in section 2, and amendments thereto.
(3) "Postsecondary educational institution" means the same as 
defined in K.S.A. 74-3201b, and amendments thereto.
(4) "State educational institution" means the same as defined in 
K.S.A. 76-711, and amendments thereto.
New Sec. 2. (a) There is hereby established in the state treasury 
the Kansas campus restoration fund. The Kansas campus restoration 
fund shall be administered by the board of regents. All expenditures 
from the fund shall be made in accordance with appropriation acts upon 
warrants of the director of accounts and reports issued pursuant to 
vouchers approved by the board of regents or by a person or persons 
designated by the board of regents.
(b) A deferred maintenance account of the fund shall be 
established for each postsecondary educational institution for the 
purpose of making capital improvement expenditures from the fund.
(c) (1) Except as provided in paragraphs (2) and (3), all 
expenditures from the fund shall require a match of nonstate moneys on 
a $1-for-$1 basis from either the postsecondary educational institution 
or private moneys.
(2) Expenditures from the fund for a community college, technical 
college, institute of technology or municipal university shall not require 
a match.
(3) Expenditures from the fund from a state educational 
institution's deferred maintenance account for demolition or razing of 
buildings or facilities on the campus of such state educational 
institution shall not require a match.
(d) On or before the 10
th 
day of each month, the director of 
accounts and reports shall transfer from the state general fund to the 
Kansas campus restoration fund interest earnings based on:
(1) The average daily balance of moneys in the Kansas campus 
restoration fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio 
for the preceding month.
New Sec. 3. On July 1, 2025, July 1, 2026, July 1, 2027, July 1, 
2028, July 1, 2029, and July 1, 2030, or as soon thereafter each such 
date as moneys are available, the director of accounts and reports shall 
transfer $32,700,000 from the state general fund to the Kansas campus 
restoration fund.
New Sec. 4. (a) Each state educational institution shall develop  SENATE BILL No. 18—page 2
and submit to the board of regents a plan for the purpose of 
rehabilitating, remodeling or renovating existing facilities or building 
new facilities that are mission-critical of such state educational 
institution and to bring such facilities to a state of good repair. Such 
plan shall also include a list of facilities for demolition or razing. Each 
state educational institution's plan shall be subject to approval by the 
board of regents.
(b) The board of regents shall develop a comprehensive Kansas 
campus restoration plan that includes facilities from each state 
educational institution's plan as approved by the board of regents.
(c) The board of regents shall ensure that facilities located on the 
Kansas state university Salina campus and the university of Kansas 
Edwards campus in Overland Park, Kansas, are not excluded from 
direct participation in the Kansas campus restoration plan.
(d) The Kansas campus restoration plan shall encourage, and the 
board of regents may require, a reduction of total campus square 
footage in a project associated with such plan.
New Sec. 5. (a) Commencing in fiscal year 2026 through fiscal 
year 2031, the board of regents shall distribute in each fiscal year an 
aggregate amount of $30,000,000 from the Kansas campus restoration 
fund to each state educational institution's deferred maintenance 
account established pursuant to section 2, and amendments thereto, in 
accordance with the Kansas campus restoration plan developed and 
approved pursuant to section 4, and amendments thereto.
(b) Commencing in fiscal year 2026 through fiscal year 2031, the 
board of regents shall credit $100,000 in each fiscal year from the 
Kansas campus restoration fund to each community college, technical 
college, institute of technology and municipal university account 
established pursuant to section 2, and amendments thereto.
New Sec. 6. The board of regents is hereby authorized to adopt 
rules and regulations necessary to implement and administer the 
provisions of the Kansas campus restoration act and shall adopt rules 
and regulations to define:
(a) "Educational mission-critical facilities." Such definition may 
include, but not be limited to, any facility of a research or economic 
generation capacity that the board of regents deems essential. Such 
definition shall not include auxiliary or athletic-funded facilities; and
(b) "state of good repair." Such definition shall be of an industry 
standard and shall be presented to the joint committee on state building 
construction for review and comment.
New Sec. 7. Annually on or before the first day of the regular 
session of the legislature:
(a) The board of regents shall submit a report on the progress of 
the Kansas campus restoration plan to the senate committee on ways 
and means, the house of representatives committee on appropriations, 
the house of representatives higher education budget committee and the 
joint committee on state building construction; and
(b) each community college, technical college, institute of 
technology and municipal university shall submit a report on each 
institution's expenditures of moneys received pursuant to section 5(b), 
and amendments thereto, to the board of regents, the senate committee 
on ways and means, the house of representatives committee on 
appropriations and the house of representatives higher education budget 
committee.
New Sec. 8. The provisions of sections 1 through 8, and 
amendments thereto, shall expire on July 1, 2031.
Sec. 9. K.S.A. 74-3201b is hereby amended to read as follows: 74-
3201b. As used in the Kansas higher education coordination act:
(a) "Adult basic education program" and "adult supplementary  SENATE BILL No. 18—page 3
education program" have the meanings respectively ascribed thereto 
mean the same as defined in K.S.A. 74-32,253, and amendments 
thereto.
(b) "Community college" means any community college 
established under the laws of this state.
(c) "Institute of technology" or "Washburn institute of technology" 
means the institute of technology at Washburn university.
(d) "Municipal university" means Washburn university of Topeka 
or any other municipal university established under the laws of this 
state.
(e) "Postsecondary educational institution" means any public 
university, municipal university, community college and, technical 
college, and institute of technology. "Postsecondary educational 
institution" includes any entity resulting from the consolidation or 
affiliation of any two or more of such postsecondary educational 
institutions.
(f) "Private postsecondary educational institution" and "out-of-
state postsecondary educational institution" have the meanings ascribed 
thereto mean the same as defined in K.S.A. 74-32,163, and 
amendments thereto.
(g) "Public university" means any state educational institution.
(h) "Representative of a postsecondary educational institution" 
means any person who is the holder of an associate degree, a bachelor's 
degree, or a certificate of completion awarded by a postsecondary 
educational institution.
(i) "State board of regents" or "state board" means the state board 
of regents provided for in the constitution of this state and established 
by K.S.A. 74-3202a, and amendments thereto, except as otherwise 
specifically provided in this act.
(j) "State educational institution" means any state educational 
institution, as defined in K.S.A. 76-711, and amendments thereto.
(k) "Technical college" means any technical college established 
under the laws of this state.
Sec. 10. K.S.A. 74-3201b is hereby repealed. SENATE BILL No. 18—page 4
Sec. 11. 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
SENATE, and passed that body
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SENATE adopted
    Conference Committee Report ________________
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President of the Senate.  
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Secretary of the Senate.  
         
Passed the HOUSE
         as amended _________________________
HOUSE adopted
    Conference Committee Report ________________
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Speaker of the House.  
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Chief Clerk of the House.  
APPROVED _____________________________
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Governor.