Session Law

Identifying Information:L. 2002 ch. 151
Other Identifying Information:2002 House Substitute for Senate Bill 605
Tax Type:Other
Brief Description:An Act concerning certain reports by state agencies; amending K.S.A. 44-1408, 46-925, 46-1212c, 66-117b, 75-2566 and 75-3048 and K.S.A. 2001 Supp. 74-5049, 74-50,151, 74-50,152, 74-8004 and 74-8204 and repealing the existing sections.
Keywords:


Body:

CHAPTER 151

HOUSE Substitute for SENATE BILL No. 605


An Act concerning certain reports by state agencies; amending K.S.A. 44-1408, 46-925,

46-1212c, 66-117b, 75-2566 and 75-3048 and K.S.A. 2001 Supp. 74-5049, 74-50,151,


74-50,152, 74-8004 and 74-8204 and repealing the existing sections.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 44-1408 is hereby amended to read as follows: 44-

1408. The secretary shall annually submit a report to the house economic

development new economy committee and the senate commerce com-

mittee detailing the manner in which funds were spent pursuant to K.S.A.

44-1401, et seq., and amendment thereto. Such report shall include the

nature of the work performed by participating youths, the percentage of

funds expended for administrative expenses, findings on the educational,

criminal and occupational disposition of participating youths and an eval-

uation of the program as a whole including a recommendation concerning

continuation of the program. The report to the house new economy com-

mittee and the senate commerce committee under this section shall be

made by the secretary either (a) by publishing such report on the internet

and by notifying each member of the committee that the report is available

and providing, as part of such notice, the uniform resource locator (URL)

at which such report is available, or (b) by submitting copies of such

report on CD-ROM or other electronically readable media to such com-

mittees.

Sec. 2. K.S.A. 66-117b is hereby amended to read as follows: 66-

117b. The state corporation commission shall report to the legislature in

accordance with this section on or before February 1 each year in regard

to any changed rate, joint rate, toll, charge or classification or schedule

of charges, or any rule or regulation or practice pertaining to the service

or rates of a public utility or common carrier approved by the state cor-

poration commission during the preceding fiscal year. Such report shall

contain statistical and narrative information as the state corporation com-

mission deems appropriate. Such report need not include any information

regarding any public utility or common carrier that had less than ten

million dollars $10,000,000 annual operating revenues in the preceding

calendar year. The report to the legislature under this section shall be

made by the state corporation commission either (a) by publishing such

report on the internet and by notifying the legislature that the report is

available and providing, as part of such notice, the uniform resource lo-

cator (URL) at which such report is available, or (b) by submitting copies

of such report on CD-ROM or other electronically readable media to the

legislature.

Sec. 3. K.S.A. 46-1212c is hereby amended to read as follows: 46-

1212c. (a) Any report, pamphlet, book or other materials required to be

submitted by a state agency to the legislature or the members thereof

pursuant to K.S.A. 8-1201, 8-1760, 16a-6-104, 19-2674, 20-320, 20-2204,

22-3710, 25-4119a, 40-2309, 44-566a, 44-1004, 46-408, 50-628, 65-176,

65-4007, 72-6011, 72-6111, 72-6814, 74-5503, 74-6203, 74-6706, 75-

3048, 75-3302e, 75-5020, 75-5326, 75-5375, 79-1404, 79-1806 and 79-

4301, and amendments thereto to any of the foregoing sections, or pur-

suant to any other statute, in lieu of such submission, shall be submitted

to the director of legislative administrative services in printed form or in

the form of an electronic copy on a CD-ROM or other electronically read-

able media.

(b) Notwithstanding the provisions of the sections enumerated in sub-

section (a) or the provisions of any other statute, if a state agency which

publishes any such report, pamphlet, book or other materials makes such

report, pamphlet, book or other materials available to the public on the

internet as provided under K.S.A. 75-3048 and amendments thereto, the

state agency shall not be required to submit such report, pamphlet, book

or other materials to the legislature or members thereof under the sections

enumerated in subsection (a) or to the director of legislative administra-

tive services under this section.

(c) Upon submission of any such report, pamphlet, book or other

materials to the director of legislative administrative services, the director

shall compile and maintain a current listing thereof and shall make such

listing available at least monthly to each member of the legislature and

the legislative research department. The director, upon request made

therefor by any member of the legislature, shall make available any such

report, pamphlet, book or other materials enumerated on such listing to

such requesting member.

Sec. 4. K.S.A. 2001 Supp. 74-5049 is hereby amended to read as

follows: 74-5049. (a) In order to insure that the department of commerce

and housing is effectively administering this act, the department shall

cooperate with the standing committee on commerce of the senate, the

standing committee on economic development new economy of the house

of representatives and the joint committee on economic development and

Kansas, Inc., in the performance of an independent performance review

of the activities of the department and the departmental divisions. The

review shall include, but not be limited to: (1) An assessment of the

impacts of the department's programs corresponding to the strategic

plans of the department and the departmental divisions; (2) a comparative

assessment of the relative impact of the department's programs with sim-

ilar programs in other states; and (3) a comparative assessment of the

targeting of the department's programs by size and sector of economic

activity, and by location in different areas of the state. The review shall

be completed or updated at least once every three years.

(b) On or before October 1, the department shall prepare and publish

an annual report, which shall be made widely available, of its activities

and expenditures for the information of the governor, the standing com-

mittee on commerce of the senate, the standing committee on economic

development new economy of the house of representatives and the joint

committee on economic development, Kansas, Inc., and the public, and

shall, from time to time, submit recommendations to the governor con-

cerning legislation found to be necessary or desirable in effecting the

purposes of this act. The annual report shall include any information

which the department is required to report by law. The annual report

shall specifically account for the ways in which the purposes of the de-

partment and its divisions as described in this act have been achieved,

and the recommendations shall specifically note what changes in the ac-

tivities of the department and its divisions, and of state government are

necessary to better address the purposes described in this act. The annual

report to the standing committee on commerce of the senate, the standing

committee on new economy of the house of representatives and the joint

committee on economic development shall be made by the department

either (1) by publishing such report on the internet and by notifying each

member of the committees that the report is available and providing, as

part of such notice, the uniform resource locator (URL) at which such

report is available, or (2) by submitting copies of such report on CD-ROM

or other electronically readable media to such committees.

Sec. 5. K.S.A. 2001 Supp. 74-50,151 is hereby amended to read as

follows: 74-50,151. (a) There is hereby created in the state treasury the

Kansas economic opportunity initiatives fund. Subject to acts of the leg-

islature applicable thereto, the moneys in the Kansas economic oppor-

tunity initiatives fund shall be used only for the purposes prescribed by

this section.

(b) All expenditures made pursuant to this act shall be made in ac-

cordance with appropriations acts upon warrants of the director of ac-

counts and reports issued pursuant to vouchers approved by the governor

or the governor's designee. The governor may approve a warrant upon

certification, by the secretary of commerce and housing, that an economic

emergency or unique opportunity exists which warrant funding for a stra-

tegic economic intervention by such state agency or agencies to address

expenses involved in securing economic benefits or avoiding or remedying

economic losses related to:

(1) A major expansion of an existing Kansas commercial enterprise;

(2) the potential location in Kansas of the operations of a major em-

ployer;

(3) the award of a significant federal or private sector grant which has

a financial matching requirement;

(4) the departure from Kansas or the substantial reduction of the

operations of a major employer; and

(5) the closure or the substantial reduction of a major federal or state

institution or facility.

(c) An intervention strategy may include financial assistance in the

form of grants, loans or both. The department of commerce and housing

shall adopt written guidelines concerning the terms and conditions of any

such loans. However, all repaid funds shall be credited to the Kansas

economic opportunity initiatives fund. No intervention strategy approved

pursuant to this act shall facilitate the moving of an existing Kansas firm

to another location within the state unless such restriction is waived by

the secretary of commerce and housing. Every intervention strategy ap-

proved pursuant to this act shall identify the intended outcomes to be

realized by the strategy for which funding is sought.

(d) The department of commerce and housing and Kansas, Inc. shall

make joint findings concerning the costs and benefits, on both a local and

statewide basis, of projects proposed pursuant to this act. Prior to allo-

cation of any funds pursuant to this act, the governor shall review the

cost-benefit findings performed on each project.

(e) The director of the budget and the director of the legislative re-

search department shall consult periodically and review the balance cred-

ited to and the estimated receipts to be credited to the state economic

development initiatives fund during the fiscal year. During any period

when the legislature is not in session, upon a finding by the director of

the budget in consultation with the director of the legislative research

department that the total of the unencumbered balance and estimated

receipts to be credited to the state economic development initiatives fund

during a fiscal year are insufficient to fund the budgeted expenditures

and transfers from the state economic development initiatives fund for

the fiscal year in accordance with the provisions of appropriation acts, the

director of the budget shall make a certification of such finding to the

governor. Upon approval by the governor, the director of accounts and

reports shall transfer the amount of moneys from the Kansas economic

opportunity initiatives fund to the state economic development initiatives

fund that is required, in accordance with a certification by the director

of the budget under this subsection, to fund the budgeted expenditures

and transfers from the state economic development initiatives fund for

the fiscal year in accordance with the provisions of appropriation acts, as

specified by the director of the budget pursuant to such certification.

(f) On or before the 10th day of each month, the director of accounts

and reports shall transfer from the state general fund to the state eco-

nomic development initiatives fund interest earnings based on:

(1) The average daily balance of moneys in the Kansas economic op-

portunity initiatives fund for the preceding month; and

(2) the net earnings rate for the pooled money investment portfolio

for the preceding month.

(g) A five member panel consisting of the secretary of commerce and

housing, the president of Kansas, Inc., the president of the Kansas tech-

nology enterprise corporation, the private sector chairperson of the board

of Kansas, Inc., and the private sector chairperson of the Kansas tech-

nology enterprise corporation shall review annually the propriety of pro-

jects funded under this section. The panel shall report its findings in

writing to the governor, the economic development new economy com-

mittee of the house of representatives, the senate commerce committee

and the joint committee on economic development. The report to the

new economy committee of the house of representatives, the commerce

committee of the senate and the joint committee on economic development

under this subsection shall be made either (1) by the panel by publishing

such report on the internet and by notifying each member of the com-

mittees that the report is available and providing, as part of such notice,

the uniform resource locator (URL) at which such report is available, or

(2) by submitting copies of such report on CD-ROM or other electroni-

cally readable media to such committees.

Sec. 6. K.S.A. 2001 Supp. 74-50,152 is hereby amended to read as

follows: 74-50,152. As a part of the annual report required pursuant to

K.S.A. 2001 Supp. 74-5049, and amendments thereto, the secretary of

commerce and housing shall issue a report concerning the use of the fund

to the joint committee on economic development. The secretary's report

shall include a detailed description of how funds were spent, what, if any,

economic benefits were realized from the expenditures and whether the

intended outcomes identified pursuant to subsection (c) of K.S.A. 2001

Supp. 74-50,151 and amendments thereto have been realized. The report

to the joint committee on economic development under this section shall

be made by the secretary either (a) by publishing such report on the

internet and by notifying each member of the joint committee that the

report is available and providing, as part of such notice, the uniform

resource locator (URL) at which such report is available, or (b) by sub-

mitting copies of such report on CD-ROM or other electronically readable

media to the joint committee.

Sec. 7. K.S.A. 2001 Supp. 74-8004 is hereby amended to read as

follows: 74-8004. (a) In order to achieve its purpose as provided in this

act, Kansas, Inc. shall:

(1) Serve in an advisory capacity to the governor, the Kansas depart-

ment of commerce and housing and the standing committee on com-

merce of the senate, the standing committee on economic development

new economy of the house of representatives and the joint committee on

economic development.

(2) Assume central responsibility to develop, with the guidance of

both the private and public sectors, all facets of a comprehensive long

term economic development strategy.

(3) Coordinate the strategy development with all other state and local

agencies and offices and state educational institutions which do research

work, develop materials and programs, gather statistics, or which perform

functions related to economic development; and such state and local

agencies and offices and state educational institutions shall advise and

cooperate with Kansas, Inc. in the planning and accomplishment of the

strategy.

(4) Evaluate and analyze the state's economy to guide the direction

of future public and private actions, and report and make recommenda-

tions to the governor, the department of commerce and housing, and the

standing committee on commerce of the senate, the standing committee

on economic development new economy of the house of representatives

and the joint committee on economic development with respect to the

state's economy. The report to the committee on commerce of the senate,

the committee on new economy of the house of representatives and the

joint committee on economic development under this subsection shall be

made by Kansas, Inc., either (A) by publishing such report on the internet

and by notifying each member of the committees that the report is avail-

able and providing, as part of such notice, the uniform resource locator

(URL) at which such report is available, or (B) by submitting copies of

such report on CD-ROM or other electronically readable media to such

committees.

(5) Oversee and evaluate the state's economic development activities

on an ongoing basis through the establishment of goals, priorities per-

formance standards and the periodic program audit of those goals, pri-

orities and performance standards.

(6) Oversee the implementation of the state's economic development

plan and monitor updates of that plan.

(7) Provide appropriate oversight to ensure the successful implemen-

tation of Kansas venture capital, Inc.

(8) Oversee the targeting of scarce state resources by size and sector

of economic activity and by geographic location within the state in order

to enhance the state's potential comparative economic advantages.

(9) Review and evaluate the annual reports of the department of com-

merce and housing, Kansas technology enterprise corporation and Kansas

venture capital, Inc. Kansas, Inc., shall transmit recommendations con-

cerning the agencies' activities to the governor and the legislature no later

than September 1 of each year.

(b) Kansas, Inc., shall seek advice from the general public and from

professional associations, academic groups and institutions and individuals

with knowledge of and interest in areas of economic development and

planning.

(c) The department of commerce and housing and all other inter-

ested state agencies shall cooperate with Kansas, Inc., in providing infor-

mation and other assistance as may be requested for the performance of

its duties with respect to the state's economic development plan.

Sec. 8. K.S.A. 2001 Supp. 74-8204 is hereby amended to read as

follows: 74-8204. (a) Kansas Venture Capital, Inc., shall prepare and pub-

lish an annual report of its activities for the information of the governor,

the standing committee on commerce of the senate, the standing com-

mittee on economic development new economy of the house of repre-

sentatives and the joint committee on economic development, securities

commissioner of Kansas, attorney general, Kansas, Inc., and the public

which shall be made widely available and shall specifically account for:

(a) (1) The manner in which the purpose as described in this act has

been carried out by Kansas Venture Capital, Inc.;

(b) (2) the total investments made annually by Kansas Venture Cap-

ital, Inc., in Kansas businesses. ;

(c) (3) an estimate of jobs created and jobs preserved by investments

by Kansas Venture Capital, Inc., in Kansas businesses. ;

(d) (4) an estimate of the multiplier effect on the Kansas economy of

investments by Kansas Venture Capital, Inc., in Kansas businesses. ; and

(e) (5) an analysis of the targeting of scarce resources by Kansas Ven-

ture Capital, Inc., by size, sector and location to enterprises of particular

need and opportunity.

(b) The report to the standing committee on commerce of the senate,

the standing committee on new economy of the house of representatives

and the joint committee on economic development under this section shall

be made by Kansas Venture Capital, Inc., either (1) by publishing such

report on the internet and by notifying each member of the committees

that the report is available and providing, as part of such notice, the

uniform resource locator (URL) at which such report is available, or (2)

by submitting copies of such report on CD-ROM or other electronically

readable media.

Sec. 9. K.S.A. 46-925 is hereby amended to read as follows: 46-925.

Any payment made pursuant to this act shall be reported to the director

of accounts and reports along with appropriate documentation thereof of

the payment as may be required by such director. Upon request of any

legislator, legislative committee or the legislative research department or

other legislative staff agency, the director of accounts and reports shall

compile and maintain a report of all such payments and shall submit the

same to the committee on ways and means of the senate and the com-

mittee on appropriations of the house of representatives and to the joint

committee on special claims against the state at least 10 days prior to the

convening of the regular session of the legislature provide to such legis-

lator, committee or agency a report concerning all payments made pur-

suant to this act.

Sec. 10. K.S.A. 75-2566 is hereby amended to read as follows: 75-

2566. (a) The state librarian is hereby authorized and directed to establish,

operate and maintain a publication collection and depository system as

provided in this act.

(b) Each state agency shall deposit with the Kansas state library cop-

ies and the state historical society one printed copy of any publication

issued by such state agency in such. If more copies are needed, the state

librarian shall request the specified quantity as shall be specified by the

state librarian.

(c) The state librarian shall forward two (2) copies of all such

publications to the library of congress, one copy to the state historical

society, one copy to the center for research libraries and one copy or

more copies shall be retained permanently in the Kansas state library.

Additional copies, as may be prescribed by rule and regulation, may be

required for the depository system.

Sec. 11. K.S.A. 75-3048 is hereby amended to read as follows: 75-

3048. (a) Each state agency may have printed such reports, pamphlets,

books and material as pertain to its activity and which are within the terms

of a specific legislative authorization or appropriation, except that a state

agency which makes such reports, pamphlets, books or material available

to the public on the internet for a period of at least 12 months following

the publication of such material is not required to print copies of such

reports, pamphlets, books or material so long as the state agency retains

an electronic copy of such report, pamphlet, book or material in the ar-

chives of the agency for historical purposes. If a state agency is required

by law to provide a report, pamphlet, book or other material to another

state agency or state official and the state agency makes such report,

pamphlet, book or other material available to the public on the internet

for a period of at least 12 months following the publication of such ma-

terial, in lieu of providing such report, pamphlet, book or other material

the state agency shall notify such other state agency or state official that

the report, pamphlet, book or other material is available on the internet

or by electronic mail. A state agency may provide any such report, pam-

phlet, book or other material by submitting printed copies or copies on

CD-ROM.

(b) Notwithstanding what the provisions of subsection (a) may pro-

vide or the provisions of any other statute, each state agency which pro-

duces a report, pamphlet, book or material available to the public on the

internet shall notify and provide a printed copy to the Kansas state library

and the state historical society.

(c) If copies are printed by the state agency, or the copies are on CD-

ROM at least one shall be a printed copy of each publication and it shall

be delivered to the governor, state librarian, and the secretary of the state

historical society and the secretary of the legislative coordinating council

and a copy shall be mailed or delivered to each member of the legislature.

Printed copies or copies on CD-ROM of such publication shall be sub-

mitted to the legislature or the members thereof in accordance with K.S.A.

46-1212c, and amendments thereto. Printed copies or copies on CD-ROM

of such publication shall be sold at approximately the cost of printing the

same and the amount received therefrom shall be placed in the state

treasury and credited to the fee fund of such agency, if it has a fee fund,

and if not, to the general fund of the state except that research, industrial,

agricultural and educational matter of general concern to the people of

Kansas may be distributed without charge.

Sec. 12. K.S.A. 44-1408, 46-925, 46-1212c, 66-117b, 75-2566 and 75-

3048 and K.S.A. 2001 Supp. 74-5049, 74-50,151, 74-50,152, 74-8004 and

74-8204 are hereby repealed.

Sec. 13. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 17, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002