Kansas 2023 2023-2024 Regular Session

Kansas Senate Bill SB552 Comm Sub / Analysis

                    SESSION OF 2024
SUPPLEMENTAL NOTE ON SENATE BILL NO. 552
As Amended by Senate Committee on Ways 
and Means
Brief*
SB 552, as amended, would create the Kansas Campus 
Restoration Act authorizing the Kansas Board of Regents 
(Board) to adopt rules and regulations relating to deferred 
maintenance and demolition of facilities at postsecondary 
institutions. The bill would allow transfers from the State 
General Fund (SGF) to the Kansas Campus Restoration 
Fund and require annual reports be submitted to the 
Legislature.
Definitions
The bill would define the following terms :
●“Educational mission-critical facilities” would 
include, but not be limited to, any facility of 
research or economic generation capacity that the 
Board deems essential. This definition does not 
include auxiliary or athletic-funded facilities. 
●“State of good repair” would be a building meeting 
industry standard, which shall be presented to the 
Joint Committee on State Building Construction for 
review and comment.
____________________
*Supplemental notes are prepared by the Legislative Research 
Department and do not express legislative intent. The supplemental 
note and fiscal note for this bill may be accessed on the Internet at 
http://www.kslegislature.org Deferred Maintenance
The bill would create the Kansas Campus Restoration 
Fund within the state treasury, and funding would be 
administered by the Board. 
The bill would require that a deferred maintenance 
account be created for each postsecondary educational 
institution for the purpose of making capital improvement 
expenditures from the fund.
The bill would require that all expenditures from such 
account require a match of non-state moneys on a $1-for-$1 
basis from either the institution or private moneys. 
The bill would not require a match for community 
colleges, technical colleges, the municipal university, the 
institute of technology, or from the state educational 
institutions’ deferred maintenance accounts for the use of 
demolition or razing.
The bill would require, on or before the 10th day of each 
month, the Director of Accounts and Reports to transfer from 
the SGF to the fund interest earnings based on:
●The average daily balance of moneys in the 
Kansas campus restoration fund for the preceding 
month; and 
●The net earnings rate for the Pooled Money 
Investment Portfolio for the preceding month.
Funding
The bill would require the Director of Accounts and 
Reports to transfer $32.7 million from the SGF to the fund 
annually from July 1st, 2025, until July 1st 2035, or as soon 
as moneys are available after each date.
2- 552 The bill would require the Board to distribute an 
aggregate amount of $30.0 million from the fund among each 
state educational institution’s deferred maintenance account, 
in accordance with the campus restoration plan developed 
and approved by the Board starting in FY 2026 through FY 
2036. 
The bill would require that the Board credit $100,000 
from the remaining $2.7 million in each fiscal year to each 
community college, technical college, and municipal 
university in fiscal years 2026 through 2036.
Reporting and Planning
The bill would require that each postsecondary 
institution develop and submit a report to the Board detailing 
a plan for rehabilitating, remodeling, or renovating existing 
facilities, or building new facilities. The plan should include a 
list of facilities for demolition or razing and a plan to bring any 
buildings into a state of good repair. This plan must also 
include satellite campuses, such as Kansas State Salina and 
University of Kansas Edwards campus. All institution plans 
would subject to approval by the Board. 
The bill would require that the Board develop a 
comprehensive Kansas Campus Restoration Plan that 
includes all facilities from each institution, and the Board may 
require a reduction of total campus square footage in a 
project associated with such plan.
The bill would authorize the Board to adopt any rules or 
regulations necessary to implement and administer the 
provisions of the Kansas Campus Restoration Act. 
Additionally, the Board would be required to submit to the 
Legislature an an annual report on or before the first day of a 
regular session on the progress of the Kansas Campus 
Restoration Plan. This report would be submitted to the 
Senate Committee on Ways and Means, House Committee 
3- 552 on Appropriations, House Committee on Higher Education 
Budget, and Joint Committee on State Building Construction.
Background
The bill was introduced by the Senate Committee on 
Ways and Means at the request of Senator Billinger.
Senate Committee on Ways and Means
In the Senate Committee hearing, proponent testimony 
was provided by representatives from the Kansas Board of 
Regents, the University Contractors Association of Kansas, 
and the Kansas Association of Community Colleges. 
The representative from the Board stated there are 
currently three funding streams to address deferred 
maintenance: educational building fund, SGF, and university 
investment. The representative stated that there are currently 
500 buildings that are mission critical and provided an update 
on current funding.
The representative from the University Contractors 
Association of Kansas stated that deferred maintenance is 
the second largest liability for the State of Kansas and that 
50.0 percent of the buildings are more than 50 years old. The 
representative stated that to address the problem it will take 
the educational building fund and support from the 
Legislature.
The representative from Kansas Association of 
Community Colleges stated this funding would help complete 
necessary renovations and assist with the upkeep of older 
buildings.
Written-only testimony was provided by a representative 
from Washburn University.
4- 552 No other testimony was provided.
The Senate Committee amended the bill to :
●Amend KSA 74-3201b to include the term 
“institution of technology” in reference to Washburn 
University in the definition of “post-secondary 
educational institution”;
●Change the language referencing post-secondary 
educational institutions to state educational 
institutions for reporting purposes only requiring the 
six state universities to submit a restoration plan to 
the Board for approval;
●Include language requiring the Board and each 
community college, technical college, institute of 
technology, and municipal university submit a 
report on expenditures and moneys received from 
the fund; and
●Include language that reports will be submitted to 
the Board and other aforementioned legislative 
committees. 
Fiscal Note
According to the fiscal note prepared by the Division of 
the Budget on the bill, as introduced, the Kansas Board of 
Regents indicates enactment of the bill would provide $32.7 
million from the SGF for deferred maintenance and demolition 
of facilities at all public higher education institutions in 
Kansas. The board estimates expenditures of $127,000 from 
the SGF for FY 2025 and FY 2026 for 1.0 FTE position 
responsible for reviewing each institution’s plan. The Board 
indicates that of the $127,000 for the additional FTE position, 
$119,000 would be for salaries and wages and $8,000 would 
be for other operating expenditures. 
The Division of Budget notes that the bill provides $30.0 
million SGF to be distributed by the board to the state 
5- 552 universities each fiscal year, while each community college, 
technical college, and municipal university would receive 
$100,000 each fiscal year for deferred maintenance and 
demolition of faculties beginning in FY 2026 through FY 2036. 
Any fiscal effect associated with enactment of the bill is not 
reflected in The FY 2025 Governor’s Budget Report. 
Deferred maintenance; board of regents; campus
6- 552