Session Law

Identifying Information:L. 2002 ch. 200
Other Identifying Information:2002 House Bill 3009
Tax Type:Other
Brief Description:An Act concerning state agencies; relating to state property operations, parking, leasing and surplus real estate; amending K.S.A. 75-4506, 75-4508 and 75-4510a and K.S.A. 2001 Supp. 75-6609 and repealing the existing sections; also repealing K.S.A. 75-6406.
Keywords:


Body:

CHAPTER 200

HOUSE BILL No. 3009


An Act concerning state agencies; relating to state property operations, parking, leasing

and surplus real estate; amending K.S.A. 75-4506, 75-4508 and 75-4510a and K.S.A.


2001 Supp. 75-6609 and repealing the existing sections; also repealing K.S.A. 75-6406.


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

Section 1. K.S.A. 75-4506 is hereby amended to read as follows: 75-

4506. No motor vehicle, whether privately or publicly owned, may be

parked upon parking lots, facilities or drives of any state owned or op-

erated property or building in Shawnee county, Kansas, except on prop-

erties listed as exceptions in K.S.A. 75-4503, or except as authorized under

rules and regulations adopted by the secretary of administration as pro-

vided in K.S.A. 75-3706 and amendments thereto or, in the case of the

statehouse grounds, in accordance with signs posted by the capitol area

security patrol. Such rules and regulations may fix and provide for col-

lection of rents, charges or fees and administrative fines and procedures

for violation of such rules and regulations to be imposed in connection

with and for the use of the parking facilities so owned and operated, and

the secretary of administration may enter into any contract or contracts

therefor with any state officer or employee or with any board, commis-

sion, agency or instrumentality of the state of Kansas. The secretary of

administration may design and issue parking permits or other forms of

authorization to facilitate the best use of any such parking lots, facilities

or drives. Parking permits to park on the statehouse grounds shall be

designed and issued in accordance with rules or instructions of the leg-

islative coordinating council. Notwithstanding the foregoing provisions of

this section, the secretary of administration shall provide not less than

one hundred forty (140) 140 parking spaces to meet the needs of the

legislative branch and whenever the legislative coordinating council shall

determine that additional parking spaces are necessary the secretary of

administration shall provide such number of additional parking spaces as

may be specified by the legislative coordinating council.

Sec. 2. K.S.A. 75-4508 is hereby amended to read as follows: 75-

4508. (a) Except as provided in subsection (b), any person who shall vi-

olate any of the provisions of K.S.A. 75-4505, 75-4506 or 75-4507 and

amendments thereto, or any rule or regulation made thereunder shall be

guilty of a misdemeanor and, upon conviction, shall be punished by a fine

of not more than twenty-five dollars ($25) $25 or by imprisonment in the

county jail for not more than thirty (30) 30 days or by both such fine and

imprisonment.

(b) (1) The secretary of administration is authorized to adopt rules

and regulations establishing administrative fines for parking violations in

areas where a fee for parking is assessed, except that this subsection shall

not apply to parking on the statehouse grounds. Persons paying any such

fine shall not be subject to prosecution pursuant to subsection (a) relating

to such offense. The secretary of administration shall assign responsibility

for enforcement of parking violations under this subsection to the capitol

area security patrol, the department of administration or other personnel

designated by the secretary.

(2) Any administrative fines received under this subsection (b) shall

be remitted by the secretary of administration to the state treasurer in

accordance with the provisions of K.S.A. 75-4215, and amendments

thereto. Upon receipt of each such remittance, the state treasurer shall

deposit the entire amount in the state treasury to the credit of the state

general fund.

Sec. 3. K.S.A. 75-4510a is hereby amended to read as follows: 75-

4510a. Unlawful statehouse parking is parking a vehicle within the state-

house grounds bounded by 8th street, 10th street, Jackson street and

Harrison street in the city of Topeka, Kansas:

(a) Contrary to any sign posted by the capitol area security patrol;

(b) Contrary to any order of an officer of the capitol area security

patrol; or

(c) Without a permit issued under authority of the legislative coor-

dinating council, except for guests in parking spaces posted for guests,

emergency vehicles and delivery or maintenance vehicles on authorized

business.

Any person found guilty of unlawful statehouse parking shall pay a fine

of five dollars ($5) in accordance with K.S.A. 8-2118, and amendments

thereto.

New Sec. 4. (a) The secretary of administration may lease real estate

titled in the name of the state of Kansas or any state agency, other than

real estate which is held by a state agency under the jurisdiction and

control of the state board of regents or by the Kansas department of

transportation, upon a finding that such real estate is not currently re-

quired for state purposes. No such lease shall be executed until the sec-

retary of administration has consulted with and reviewed the lease with

the joint committee on state building construction. Except as otherwise

specifically provided by law, the state buildings operating fund shall be

utilized for the operating expenses and revenues of any such leased prop-

erty.

(b) Any real estate leased by the state pursuant to this section shall

be exempt from ad valorem taxation as long as such property is owned

by the state of Kansas and such property is:

(1) Used by the state of Kansas or any of its agencies;

(2) vacant;

(3) leased by an entity exempt from the payment of ad valorem tax-

ation; or

(4) used for a purpose that is exempt from the payment of ad valorem

taxation.

The provisions of K.S.A. 79-201 et seq., and amendments thereto, re-

quiring the requesting and filing of property tax exemptions shall not

apply to the exemption provided by this section.

(c) The only portion of state-owned property that shall not be exempt

from ad valorem taxation is the actual space leased by a person or entity

that is not exempt from the payment of ad valorem taxation and is not

used for a tax exempt purpose. Any common area used by such a lessee

that is also used by the state, an entity exempt from the payment of ad

valorem taxation or used for the purpose that is exempt from the payment

of ad valorem taxation, shall be exempt from ad valorem taxation.

(d) The provisions of K.S.A. 41-719 and amendments thereto relating

to alcoholic liquor and the provisions of K.S.A. 75-3337 et seq. and amend-

ments thereto relating to vending facilities on state property shall not be

applicable to property leased pursuant to this section unless the lessee is

a governmental entity.

Sec. 5. K.S.A. 2001 Supp. 75-6609 is hereby amended to read as

follows: 75-6609. (a) When used in this section, ``surplus real estate''

means real estate which is no longer needed by the state agency which

owns such real estate as determined in accordance with this section.

(b) (1) The secretary of administration shall develop criteria for the

identification of surplus real estate, including but not limited to, a review

of any legal restrictions associated with the real estate and the reasons for

the state agency to keep the real estate. In accordance with such criteria,

the secretary shall assist state agencies in the identification of surplus real

estate. The secretary of administration shall periodically review the status

of all real estate of state agencies subject to this section to determine if

any of the real estate owned by state agencies is potentially surplus real

estate. If any real estate owned by a state agency is determined by the

secretary of administration, in consultation with the head of the state

agency, to be surplus real estate in accordance with the criteria developed

under subsection (a), then the secretary of administration shall recom-

mend to the governor that such real estate be sold under the procedures

prescribed by this section.

(2) The secretary of administration shall develop guidelines for the

sale of surplus real estate. In accordance with such guidelines and upon

the approval of the governor, after consultation with the head of the state

agency which owns such surplus real estate, after consultation with the

joint committee on state building construction and after approval by the

state finance council under subsection (c), the secretary may offer such

property for sale by one of the following means: (A) Public auction; (B)

by listing the surplus property with a licensed real estate broker or sales-

person; or (C) by sealed bid. Subject to the approval of the state finance

council as required by subsection (c), the secretary of administration may

sell surplus real estate and any improvements thereon on behalf of the

state agency which owns such property.

(c) Prior to the sale of any surplus real estate under subsection (b),

the state finance council shall approve the sale, which is hereby charac-

terized as a matter of legislative delegation and subject to the guidelines

prescribed in subsection (c) of K.S.A. 75-3711, and amendments thereto.

The matter may be submitted to the state finance council for approval at

any time, including periods of time during which the legislature is in

session.

(d) Prior to offering any real estate for sale, such property shall be

appraised pursuant to K.S.A. 75-3043a, and amendments thereto, unless

the appraisal is waived as provided in this subsection. The secretary of

administration may waive the requirement for appraisal for any parcel of

surplus real estate that is to be sold at public auction under this section

if the secretary of administration determines that it is in the best interests

of the state to waive the requirement for appraisal for such parcel of

surplus real estate. The costs of any such appraisal may be paid from the

proceeds of the sale.

(e) Conveyance of title in surplus real estate offered for sale by the

secretary of administration shall be executed on behalf of the state agency

by the secretary of administration. The deed for the conveyance may be

by warranty deed or by quitclaim deed as determined to be in the best

interests of the state by the secretary of administration in consultation

with the head of the state agency which owns the surplus real estate.

(f) (1) Any proceeds from the sale of surplus real estate and any im-

provements thereon, after deduction of the expenses of such sale and any

cost of appraisal of the surplus real estate, shall be deposited in the state

treasury as prescribed by this subsection, unless otherwise authorized by

law. On and after the effective date of this act, a portion 20% of the

proceeds from each such sale deposited in the state treasury shall be

determined and designated by the state finance council acting on this

matter which is hereby characterized as a matter of legislative delegation

and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-

3711c and amendments thereto and acting on this matter in conjunction

with approval of such sale under subsection (c), to be credited to the

surplus real estate fund or another appropriate special revenue fund of

the state agency which owned the surplus real estate, as is prescribed by

law or as may be determined by the state agency, except that such portion

shall not exceed the amount equal to 50% of such proceeds unless oth-

erwise required by state or federal law or by the limitations or restrictions

of the state's title to the real estate being sold. In the case of proceeds

from the sale of surplus real estate at a state mental health institution or

a state mental retardation institution, such portion of the proceeds shall

be credited to the client benefit fund of such institution or to another

special revenue fund of such institution for (A) rehabilitation and repair

or other capital improvements for such institution, or (B) one-time ex-

penditures for community mental health organizations if the real estate

sold was at a state mental health institution or for community develop-

mental disabilities organizations if the real estate sold was at a state mental

retardation institution, and, in any such case, shall be expended in ac-

cordance with the provisions of appropriation acts. After crediting the

amount designated by the state finance council, the remainder The re-

maining 80% of the proceeds from each such sale deposited in the state

treasury shall be credited to the state general fund.

(2) The amount of expenses and the cost of appraisal for each sale of

surplus real estate pursuant to this section shall be transferred and cred-

ited to the property contingency fund created under K.S.A. 75-3652, and

amendments thereto, and may be expended for any operations of the

department of administration.

(3) Any state agency owning real estate may apply to the director of

accounts and reports to establish a surplus real estate special revenue

fund in the state treasury. Subject to the provisions of appropriation acts,

moneys in a surplus real estate special revenue fund may be expended

for the operating expenditures of the state agency.

(g) Any sale of property by the secretary of transportation pursuant

to K.S.A. 68-413, and amendments thereto, shall not be subject to the

provisions of this section. The provisions of this section shall not be ap-

plicable to real estate given as an endowment, bequest, or gift to a state

educational institution as defined in subsection (g) of K.S.A. 72-4412, and

amendments thereto, or to the university of Kansas medical center.

(h) Sale of the Olathe travel information center shall not be subject

to the provisions of this section.

Sec. 6. K.S.A. 75-4506, 75-4508, 75-4510a, and 75-6406 and K.S.A.

2001 Supp. 75-6609 are hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its

publication in the Kansas register.

Approved May 29, 2002.

Published in the Kansas Register June 6, 2002.


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