As Amended by Senate Committee
As Amended by House Commettee
Session of 1998
HOUSE BILL No. 2894
By Committee on Appropriations
2-12
12
AN ACT relating to travel and tourism;
concerning financing; relat-
13 ing to
the Kansas tourist attraction evaluation
committee; council on
14 travel and
tourism; concerning the duties thereof; amending
K.S.A.
15 74-5090 and
K.S.A. 1997 Supp. 74-5089 and repealing the existing
16 sections; also
repealing K.S.A. 1997 Supp. 74-5091. concerning
the
17 state matching
grant program for tourist attractions; amending
18 K.S.A. 74-5032a
and 79-4801 and K.S.A. 1997 Supp.
74-9002,
19 74-9003 and
74-9004 and repealing the existing sections;
also
20 repealing K.S.A.
74-5090 and K.S.A. 1997 Supp. 74-5089.
21
22 Be it enacted by the Legislature of the
State of Kansas:
23
Section 1. K.S.A. 1997 Supp. 74-5089 is hereby
amended to read as
24 follows: 74-5089. (a) There is
hereby established a state matching grant
25 program to provide assistance in
the promotion of tourism and develop-
26 ment of quality tourist attractions
within the state of Kansas. Grants
27 awarded under this program shall be
limited to not more than 40% of
28 the cost of any proposed project.
Applicants shall not utilize any state
29 moneys to meet the matching
requirements under the provisions of this
30 program. Both public and private
entities shall be eligible to apply for a
31 grant under the provisions of this
act. Not less than 75% of all moneys
32 granted under this program shall be
allocated to public entities or entities
33 exempt from taxation under the
provisions of 501(c)(3) of the federal
34 internal revenue code of 1986 and
amendments thereto. After July 1,
35 1994, no more than 20% of moneys
granted to public or nonprofit entities
36 shall be granted to any single such
entity. Furthermore, after July 1, 1994,
37 no more than 20% of moneys granted
to private entities shall be granted
38 to any single such entity. The
secretary of commerce and housing shall
39 administer the provisions of this
act and the secretary may adopt rules
40 and regulations establishing
criteria for qualification for a matching grant
41 and such other matters deemed
necessary by the secretary for the ad-
42 ministration of this
act.
43 (b) For the
purpose of K.S.A. 74-5089 through 74-5091
and 74-5090,
HB 2894--Am. by S
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1 and amendments thereto,
``tourist attraction'' means a site that is of sig-
2 nificant interest to tourists
as a historic, cultural, scientific, educational,
3 recreational or
architecturally unique site, or as a site of natural
scenic
4 beauty or an area naturally
suited for outdoor recreation, however, under
5 no circumstances shall
``tourist attraction'' mean a race track facility, as
6 defined in K.S.A. 74-8802,
and amendments thereto, or any casino or
7 other establishment which
operates class three games, as defined in the
8 1991 version of 25 USC
2703.
9 (c) During
the fiscal year 1997, Kansas Inc. shall commission an
anal-
10 ysis of this program's impact on
tourism. The analysis shall include a
11 recommendation for continuation,
discontinuation or alteration of the
12 program.
13
Sec. 2. K.S.A. 74-5090 is hereby amended to read as
follows: 74-
14 5090. (a) There is hereby
established the Kansas tourist attraction eval-
15 uation committee within the
department of commerce. The committee
16 shall consist of three members, all
of whom shall have appropriate ex-
17 perience and expertise in the area
of travel and tourism. The members
18 of the committee shall be appointed
by the secretary of commerce
and
19 housing and
shall serve at the secretary's pleasure.
20 (b) The
committee shall screen,
and evaluate and
approve or disap-
21 prove all
applications for matching grants by those entities described
in
22 K.S.A. 74-5089,
and amendments thereto, for the promotion of
tourism
23 and the development of tourist
attractions in the state. The
committee
24 shall also provide technical advice
upon request to any local tourist at-
25 traction upon ways to improve its
operations After the committee
has
26 screened and evaluated such
applications, the committee shall forward its
27 recommendations to the secretary
of commerce and housing and the sec-
28 retary shall approve or
disapprove such applications.
29 (c) The director
of travel and tourism development shall serve as a
30 nonvoting chairperson of the
committee and the committee shall annually
31 elect a vice-chairperson from among
its members. The committee shall
32 meet upon call of the chairperson
or upon call of any two of its members.
33 Two voting members shall constitute
a quorum for the transaction of
34 business.
35 (d) All members
of the committee shall serve without compensation
36 or any other allowances authorized
under the provisions of article 32 of
37 chapter 75 of the Kansas Statutes
Annotated.
38 New
Section 1. (a) There is hereby established a state
match-
39 ing grant program to provide assistance
in the promotion of tour-
40 ism and development of quality tourist
attractions within the state
41 of Kansas. Grants awarded under this
program shall be limited to
42 not more than 40% of the cost of any
proposed project. Applicants
43 shall not utilize any state moneys to
meet the matching require-
HB 2894--Am. by S
3
1 ments under the provisions of this
program. Both public and pri-
2 vate entities shall be eligible to
apply for a grant under the pro-
3 visions of this act. Not less than
75% of all moneys granted under
4 this program shall be allocated to
public entities or entities exempt
5 from taxation under the provisions
of 501(c)(3) of the federal in-
6 ternal revenue code of 1986 and
amendments thereto. After July
7 1, 1998, no more than 20% of
moneys granted to public or non-
8 profit entities shall be granted
to any single such entity. Further-
9 more, after July 1,
1994 1998, no more
than 20% of moneys
10 granted to private entities shall be
granted to any single such en-
11 tity. The secretary of commerce and
housing shall administer the
12 provisions of this act and the secretary
may adopt rules and reg-
13 ulations establishing criteria for
qualification for a matching grant
14 and such other matters deemed necessary
by the secretary for the
15 administration of this act.
16 (b) For the purpose
of subsection (a) of section 1 and K.S.A.
17 1997 Supp. 74-9002, and amendments
thereto, ``tourist attraction''
18 means a site that is of significant
interest to tourists as a historic,
19 cultural, scientific, educational,
recreational or architecturally
20 unique site, or as a site of natural
scenic beauty or an area naturally
21 suited for outdoor recreation, however,
under no circumstances
22 shall ``tourist attraction'' mean a race
track facility, as defined in
23 K.S.A. 74-8802, and amendments thereto,
or any casino or other
24 establishment which operates class three
games, as defined in the
25 1991 version of 25 USC 2703.
26 Sec. 2. K.S.A.
1997 Supp. 74-9002 is hereby amended to read
27 as follows: 74-9002. (a)
The council on travel and tourism shall:
(a)
28 (1) Advise the department of
commerce and housing in the devel-
29 opment and implementation of the state's
tourism marketing and
30 business development program including,
but not limited to, long-
31 range strategies for attracting visitors
to the state; (b) (2) report
to
32 the department of commerce and housing
information for prepa-
33 ration of the annual budget for the
division of travel and tourism
34 development; (c)
(3) identify and review tourism related issues
and
35 current state policies and programs
which directly or indirectly
36 affect travel and tourism in the state
and, as appropriate, recom-
37 mend the adoption of new, or the
modification of existing, policies
38 and programs; (d)
(4) prepare and submit as a part of the annual
39 report of the department of commerce and
housing, pursuant to
40 K.S.A. 1997 Supp.
74-5049, and amendments thereto, a report of
41 findings and recommendations of the
council concerning the pro-
42 moting of travel and tourism in Kansas
and such related matters
43 as the council deems appropriate;
(5) screen and evaluate
select five
HB 2894--Am. by S
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1 members from the council, four
voting members of the council and
2 one ex officio member of the
council, to act as a committee for the
3 purpose of screening and
evaluating all applications for matching
4 grants by those entities described
in section 1, and amendments thereto,
5 for the promotion of tourism and
development of tourist attractions in
6 this state; and
(e) (6) perform such other acts as may
be necessary
7 in carrying out the duties of the
council.
8
(b) After the council on travel and
tourism committee selected un-
9 der paragraph (5) of subsection
(a), has screened and evaluated ap-
10 plications for the matching grants
program, the council
committee, by
11 majority vote, shall recommend budget
expenditures from the Kansas
12 tourist attraction matching grant
development fund, K.S.A. 1997 Supp.
13 74-5091, and amendments thereto, with
final approval by the secretary
14 of commerce and housing. No expenditures
may be made from the fund
15 without the council's recommendation. If
the secretary vetoes a recom-
16 mendation, the council may override the
secretary's veto by a 2/3 vote of
17 the council.
18 (c) The secretary of
commerce and housing shall adopt the rules and
19 regulations existing for the former
evaluation committee to guide the
20 travel and tourism
council committee when screening
and evaluating
21 applications for matching
grants.
22 Sec. 3. K.S.A.
74-5032a is hereby amended to read as follows:
23 74-5032a. The division of travel and
tourism development is
24 hereby authorized and empowered
to:
25 (a) Encourage and
promote the traveling public to visit this
26 state by publicizing information as to
the recreational, historic and
27 natural advantages of the state and its
facilities for transient travel
28 and to contract with organizations for
the purpose of promoting
29 tourism within the state;
30 (b) request other
state agencies such as, but not limited to, the
31 Kansas water office, the Kansas
department of wildlife and parks
32 and the department of transportation,
for assistance and all such
33 agencies shall coordinate information
and their respective efforts
34 with the department to most efficiently
and economically carry out
35 the purpose and intent of this
subsection; and
36 (c) Solicit and
receive moneys from any public or private
37 source and administer a program of
matching grants to provide
38 assistance to those entities described
in K.S.A. 74-5089 section 1, and
39 amendments thereto, in the
promotion of tourism and the develop-
40 ment of quality tourist attractions in
this state.
41 Sec. 4. K.S.A.
79-4801 is hereby amended to read as follows:
42 79-4801. There is hereby created the
state gaming revenues fund in
43 the state treasury. All moneys
credited to such fund shall be ex-
HB 2894--Am. by S
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1 pended or transferred only for
the purposes and in the manner pro-
2 vided by this act and all
expenditures from the state gaming reve-
3 nues fund shall be made in
accordance with appropriation acts. All
4 moneys credited to
such the gaming revenues fund shall
be allocated
5 and credited monthly to the
funds and in the amounts specified by
6 this act except that the total
of the amounts credited to such funds
7 in any one fiscal year pursuant
to this act shall not exceed
8 $50,000,000. All amounts
credited to such the gaming
revenues fund
9 in any one fiscal year which
are in excess of $50,000,000 shall be
10 transferred and credited to the state
general fund on July 15, 1996,
11 and June 25, 1997, and each year
thereafter on June 25, except that of
12 the amounts to be transferred from the
gaming revenues fund as of June
13 25, 1998, June 25, 1999, June 25, 2000,
and June 25, 2001, 75% of such
14 moneys shall be credited to the state
general fund and 25% of such moneys
15 shall be credited to the state tourism
fund on each such date.
16
Sec. 5. K.S.A. 1997 Supp. 74-9003 is hereby amended to
read
17 as follows: 74-9003. (a) There is
hereby established in the state
18 treasury the state tourism fund. All
moneys credited to the state
19 tourism fund shall only be used for
expenditures for the purposes
20 of developing new tourism attractions
in Kansas and to significantly
21 expand existing tourism attractions
in Kansas. Both public and pri-
22 vate entities shall be eligible to
apply for funds under the provisions
23 of this act.
24 (b) The secretary
of commerce and housing shall administer the
25 provisions of this act. The secretary
may adopt rules and regula-
26 tions establishing criteria for
obtaining grants and other expendi-
27 tures from such fund and other
matters deemed necessary for the
28 administration of this
act.
29 (c) All
expenditures from such fund shall be made in accordance
30 with appropriation acts upon warrants
of the director of accounts
31 and reports issued pursuant to
vouchers approved by the secretary
32 of commerce and housing or the
secretary's designee.
33
(d) The secretary of commerce and housing
shall prepare and submit
34 budget estimates for all proposed
expenditures from the state tourism
35 fund in accordance with the
provisions of K.S.A. 75-3717 and 75-3717b
36 and amendments thereto. Such budget
estimates shall include detailed
37 information regarding all proposed
expenditures for programs, projects,
38 activities and other matters and
shall set forth separately each program,
39 project, activity or other
expenditure for which the proposed expenditures
40 from the state tourism fund for a
fiscal year are for an amount that is
41 equal to $50,000 or more.
Appropriations for the department of com-
42 merce and housing of moneys in the
state tourism fund for each program,
43 project, activity or other
expenditure for a fiscal year for an amount that
HB 2894--Am. by S
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1 is equal to $50,000 or more
shall be made as a separate item of appro-
2 priation. The
secretary of commerce and housing shall prepare and submit
3 in its annual report under K.S.A.
74-5049, and amendments thereto, de-
4 tailed information regarding
expenditures made from the state tourism
5 fund for programs, projects,
activities and other matters.
6
(e) The legislature shall approve or disapprove of any
itemized ex-
7 penditure from the state
tourism fund.
8
(f) (e) On or before the 10th of
each month, the director of ac-
9 counts and reports shall
transfer from the state general fund to the
10 state tourism fund established in
subsection (a) interest earnings
11 based on:
12 (1) The average
daily balance of moneys in the state tourism
13 fund for the preceding month;
and
14 (2) the net
earnings rate of the pooled money investment port-
15 folio for the preceding
month.
16
Sec. 6. K.S.A. 1997 Supp. 74-9004 is hereby amended to
read
17 as follows: 74-9004. (a) The council
on travel and tourism, estab-
18 lished under K.S.A. 74-9001, and
amendments thereto, shall oversee
19 all matters concerning the state
tourism fund and expenditures
20 therefrom.
21 (b) The council,
by a majority vote, shall determine for
inclusion
22 in the department of commerce and
housing recommend budget ex-
23 penditures from the state tourism
fund with final approval by the
24 secretary of commerce and
housing. No expenditures may be made
from
25 the fund without the council's
recommendation. If the secretary vetoes a
26 recommendation, the council may override
the secretary's veto by a 2/3
27 vote.
28 Sec. 3
4 7. K.S.A.
74-5032a and
74-5090, 74-5090 and
79-4801
29 and K.S.A. 1997 Supp. 74-5089
and 74-5091
and 74-9002, 74-9002,
74-
30 9003 and 74-9004 are hereby
repealed.
31 Sec. 4
5 8. This act
shall take effect and be in force from and after
32 its publication in the statute
book Kansas register.
33