As Amended by House Commettee
         

          Session of 1998
                   
HOUSE BILL No. 2764
         
By Committee on Tourism
         
1-30
          10             AN ACT relating to travel and tourism, financing; expenditures; amend-
11             ing K.S.A. 79-4801 and K.S.A. 1997 Supp. 74-9003 and 74-9004
12             and repealing the existing section sections.
13            
14       Be it enacted by the Legislature of the State of Kansas:
15           Section 1. K.S.A. 79-4801 is hereby amended to read as follows:
16       79-4801. There is hereby created the state gaming revenues fund in the
17       state treasury. All moneys credited to such fund shall be expended or
18       transferred only for the purposes and in the manner provided by this act
19       and all expenditures from the state gaming revenues fund shall be made
20       in accordance with appropriation acts. All moneys credited to such the
21       gaming revenues fund shall be allocated and credited monthly to the
22       funds and in the amounts specified by this act except that the total of the
23       amounts credited to such funds in any one fiscal year pursuant to this act
24       shall not exceed $50,000,000. All amounts credited to such the gaming
25       revenues fund in any one fiscal year which are in excess of $50,000,000
26       shall be transferred and credited to the state general fund on July 15,
27       1996, and June 25, 1997, and each year thereafter on June 25 except that
28       of the amounts credited to to be transferred from the gaming revenues
29       fund which are in excess of $50,000,000 as of June 25, 1998, June 25,
30       1999, June 25, 2000, and June 25, 2001, the first $5,000,000 of such
31       amount in excess of $50,000,000 75% of such moneys shall be credited
32       to the state general fund and 25% of such moneys shall be credited
33       to the state tourism fund on each such date.
34           Sec. 2. K.S.A. 1997 Supp. 74-9003 is hereby amended to read
35       as follows: 74-9003. (a) There is hereby established in the state
36       treasury the state tourism fund. All moneys credited to the state
37       tourism fund shall only be used for expenditures for the purposes
38       of developing new tourism attractions in Kansas and to signifi-
39       cantly expand existing tourism attractions in Kansas. Both public
40       and private entities shall be eligible to apply for funds under the
41       provisions of this act.
42           (b) The secretary of commerce and housing shall administer
43       the provisions of this act. The secretary may adopt rules and reg-

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  1       ulations establishing criteria for obtaining grants and other ex-
  2       penditures from such fund and other matters deemed necessary
  3       for the administration of this act.
  4           (c) All expenditures from such fund shall be made in accord-
  5       ance with appropriation acts upon warrants of the director of ac-
  6       counts and reports issued pursuant to vouchers approved by the
  7       secretary of commerce and housing or the secretary's designee.
  8           (d) The secretary of commerce and housing shall prepare and submit
  9       budget estimates for all proposed expenditures from the state tourism
10       fund in accordance with the provisions of K.S.A. 75-3717 and 75-3717b
11       and amendments thereto. Such budget estimates shall include detailed
12       information regarding all proposed expenditures for programs, projects,
13       activities and other matters and shall set forth separately each program,
14       project, activity or other expenditure for which the proposed expenditures
15       from the state tourism fund for a fiscal year are for an amount that is
16       equal to $50,000 or more. Appropriations for the department of com-
17       merce and housing of moneys in the state tourism fund for each program,
18       project, activity or other expenditure for a fiscal year for an amount that
19       is equal to $50,000 or more shall be made as a separate item of appro-
20       priation. The secretary of commerce and housing shall prepare and submit
21       in its annual report under K.S.A. 74-5049, and amendments thereto, de-
22       tailed information regarding expenditures made from the state tourism
23       fund for programs, projects, activities and other matters.
24           (e) The legislature shall approve or disapprove of any itemized ex-
25       penditure from the state tourism fund.
26           (f) (e) On or before the 10th of each month, the director of
27       accounts and reports shall transfer from the state general fund to
28       the state tourism fund established in subsection (a) interest earn-
29       ings based on:
30           (1) The average daily balance of moneys in the state tourism
31       fund for the preceding month; and
32           (2) the net earnings rate of the pooled money investment port-
33       folio for the preceding month.
34           Sec. 3. K.S.A. 1997 Supp. 74-9004 is hereby amended to read
35       as follows: 74-9004. (a) The council on travel and tourism, estab-
36       lished under K.S.A. 74-9001, and amendments thereto, shall over-
37       see all matters concerning the state tourism fund and expenditures
38       therefrom.
39           (b) The council, by a majority vote, shall determine for inclusion
40       in the department of commerce and housing recommend budget ex-
41       penditures from the state tourism fund with final approval by the
42       secretary of commerce and housing. No expenditures may be made from
43       the fund without the council's recommendation. If the secretary vetoes a

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  1       recommendation, the council may override the secretary's veto by a 2/3
  2       vote.
  3           Sec. 2 4. K.S.A. 79-4801 is and K.S.A. 1997 Supp. 74-9003 and
  4       74-9004 are hereby repealed.
  5           Sec. 3 5. This act shall take effect and be in force from and after its
  6       publication in the Kansas register.
  7