Session Law

Identifying Information:L. 2003 ch. 053
Other Identifying Information:2003 Senate Bill 120
Tax Type:Other
Brief Description:An Act concerning school districts; relating to the powers and duties of the board of ed- ucation; relating to certain expenditures; amending K.S.A. 72-5126 and 72-6760 and repealing the existing sections.
Keywords:


Body:

CHAPTER 53

SENATE BILL No. 120


An Act concerning school districts; relating to the powers and duties of the board of ed-

ucation; relating to certain expenditures; amending K.S.A. 72-5126 and 72-6760 and


repealing the existing sections.


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

Section 1. K.S.A. 72-5126 is hereby amended to read as follows: 72-

5126. (a) The board of education of any school district may enter into

contracts with:

(1) The governing authority of any nonpublic school or any child-care

institution for the provision of meals for children in attendance at such

nonpublic school or child-care institution;

(2) the governing body of any municipality for the provision of meals

to persons for whom the municipality is responsible for providing meals;

and

(3) subject to the provisions of K.S.A. 72-5127, and amendments

thereto, any state educational institution or corporation whose operations

are substantially controlled by a state educational institution for the pro-

vision of meals for students, alumni and other members of the public in

attendance at functions or activities of the state educational institution.;

and

(4) any nonprofit organization for the provision of food services for

the elderly, sick, homeless or other vulnerable persons.

(b) Any contract entered into by a board of education pursuant to the

provisions of this section shall provide for payment by the nonpublic

school, child-care institution, municipality, state educational institution or

corporation, as applicable, of the costs incurred by to the district. Such

payment shall not be less than the cost incurred by the school district.

Moneys received by a school district under any such contract shall be

deposited in the food service fund of the district and may be expended

whether budgeted or not.

(c) The provisions contained in article 51 of chapter 72 of Kansas

Statutes Annotated, except the provisions contained in K.S.A. 72-5117

and 72-5118, and amendments thereto, shall apply to meals provided by

the board of education of a school district under any contract entered

into pursuant to the provisions of this section.

(d) As used in this section, the term ``nonpublic school'' means a

nonpublic school approved by the state board of education for partici-

pation in food service programs defined in K.S.A. 72-5112, and amend-

ments thereto, the term ``child-care institution'' has the meaning ascribed

thereto in K.S.A. 72-5124, and amendments thereto, the term ``munici-

pality'' means any county, township, city, or other political or taxing sub-

division of the state, or any agency, authority, institution or other instru-

mentality thereof, and the term ``state educational institution'' has the

meaning ascribed thereto in K.S.A. 76-711, and amendments thereto:

(1) ``Nonpublic school'' means a nonpublic school approved by the

state board of education for participation in food service programs defined

in K.S.A. 72-5112, and amendments thereto;

(2) ``child-care institution'' has the meaning ascribed thereto in K.S.A.

72-5124, and amendments thereto;

(3) ``municipality'' means any political or taxing subdivision of the

state and any agency, authority, institution or instrumentality of a mu-

nicipality; and

(4) ``state educational institution'' has the meaning ascribed thereto

by K.S.A. 76-711, and amendments thereto.

Sec. 2. K.S.A. 72-6760 is hereby amended to read as follows: 72-

6760. (a) Except as provided by this section and K.S.A. 72-6760b, no

expenditure involving an amount greater than $10,000 $20,000 for con-

struction, reconstruction or remodeling or for the purchase of materials,

goods or wares shall be made by the board of education of any school

district except upon sealed proposals, and to the lowest responsible bid-

der.

(b) The provisions of subsection (a) do not apply to expenditures by

a board of education for the purchase of:

(1) Services;

(2) products required to be purchased under the provisions of K.S.A.

75-3317 through 75-3322, and amendments thereto;

(3) educational materials directly related to curriculum and secured

by copyright;

(4) motor fuels required to provide or furnish transportation;

(5) perishable foods and foodstuffs required for operation of a school

lunch program food and foodstuffs necessary for the implementation or

operation of any child nutrition program;

(6) articles or products that are produced, manufactured or provided

by inmates under the prison-made goods act of Kansas;

(7) natural gas that will be consumed in buildings owned or operated

by the school district;

(8) materials, goods or wares required for reconstructing, remodel-

ing, repairing or equipping buildings when such purchase has been ne-

cessitated by the occurrence of a loss against which the board of education

has purchased property or casualty insurance; and

(9) materials, goods or wares which are purchased:

(A) From vendors who have entered into contracts with the state

director of purchases pursuant to state purchasing statutes for purchases

by state agencies; and

(B) under the same pricing provisions established in the state con-

tracts, subject to agreement of the vendor to honor the state contract

prices; and

(C) under the same pricing provisions established in federal, national

or other state contracts facilitated by a federal or local governmental en-

tity or agency, subject to:

(i) Agreement of the vendor to honor the contract prices; and

(ii) approval by the board of education for expenditures in an amount

greater than $20,000.

(c) Whenever the board of education of any school district lets bids

for the purchase of materials, goods or wares and bids are submitted by

bidders domiciled within the school district and by bidders domiciled

outside the school district and the low bid is submitted by a bidder dom-

iciled outside the school district, the school district domiciliary which

submitted the lowest bid may be deemed the preferred bidder and

awarded the bid if:

(1) The quality, suitability and usability of the materials, goods or

wares are equal;

(2) the amount of the bid of the school district domiciliary is not more

than 1% greater than the amount of the low bid; and

(3) the school district domiciliary agrees to meet the low bid by filing

a written agreement to that effect within 72 hours after receiving notifi-

cation of being deemed the preferred bidder.

(d) The provisions of subsection (c) do not apply to expenditures for

construction, reconstruction or remodeling.

Sec. 3. K.S.A. 72-5126 and 72-6760 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 14, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003