Session of 1998
                   
HOUSE BILL No. 3013
         
By Committee on Appropriations
         
3-17
            9             AN ACT concerning the council on travel and tourism; transferring the
10             powers and duties of the division of travel and tourism development
11             to the council on travel and tourism; establishing the council on travel
12             and tourism as a separate state agency; abolishing the division of travel
13             and tourism development of the department of commerce and hous-
14             ing; amending K.S.A. 73-2103, 74-5090 and 74-9202 and K.S.A. 1997
15             Supp. 74-5089, 74-5091, 74-9001, 74-9002 and 74-9003 and repealing
16             the existing sections; also repealing K.S.A. 74-5032 and 74-5032a.
17            
18       Be it enacted by the Legislature of the State of Kansas:
19           New Section 1. (a) The division of travel and tourism development
20       of the department of commerce and housing and the office of the director
21       of travel and tourism development established by K.S.A. 74-5032 are
22       hereby abolished.
23           (b) Except as otherwise provided by this act, all of the powers, duties
24       and functions of the division of travel and tourism development and the
25       director of travel and tourism development are hereby transferred to and
26       conferred upon the council on travel and tourism.
27           New Sec. 2. (a) Except as otherwise provided by this act, the council
28       on travel and tourism shall be the successor in every way to the powers,
29       duties and functions of the division of travel and tourism development of
30       the department of commerce and housing, the director of travel and tour-
31       ism development and the secretary of commerce and housing concerning
32       travel and tourism programs in which the same were vested prior to the
33       effective date of this act. Every act performed in the exercise of such
34       powers, duties and functions by or under the authority of the council on
35       travel and tourism shall be deemed to have the same force and effect as
36       if performed by the division of travel and tourism of the department of
37       commerce and housing, the director of travel and tourism development
38       and the secretary of commerce and housing, respectively, in which such
39       powers and duties were vested prior to the effective date of this act.
40           (b) Except as otherwise provided by this act, whenever the division
41       of travel and tourism development of the department of commerce and
42       housing, or words of like effect, is referred to or designated by a statute,
43       contract or other document, such reference or designation shall be

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  1       deemed to apply to the council on travel and tourism.
  2           (c) Except as otherwise provided by this act, whenever the director
  3       of travel and tourism development or words of like effect, is referred to
  4       or designated by a statute, contract or other document, such reference
  5       or designation shall be deemed to apply to the council on travel and
  6       tourism.
  7           (d) All rules and regulations of the department of commerce and
  8       housing and the secretary of commerce and housing concerning the di-
  9       vision of travel and tourism development in existence on the effective
10       date of this act shall continue to be effective and shall be deemed to be
11       duly adopted rules and regulations of the council on travel and tourism
12       until revised, amended, revoked or nullified pursuant to law.
13           (e) All orders and directives of the division of travel and tourism de-
14       velopment or the director of travel and tourism development of the de-
15       partment of commerce and housing or the secretary of commerce and
16       housing concerning the division of travel and tourism development in
17       existence on the effective date of this act shall continue to be effective
18       and shall be deemed to be orders and directives of the council on travel
19       and tourism until revised, amended or nullified pursuant to law.
20           (f) The council on travel and tourism shall be a continuation of the
21       division of travel and tourism development of the department of com-
22       merce and housing and the director of the division of travel and tourism
23       development of the department of commerce and housing.
24           New Sec. 3. (a) The council on travel and tourism shall provide that
25       all officers and employees of the division of travel and tourism develop-
26       ment of the department of commerce and housing who are engaged in
27       the exercise and performance of the powers, duties and functions of the
28       programs transferred in this act are transferred to the council on travel
29       and tourism.
30           (b) Officers and employees of the division of travel and tourism de-
31       velopment of the department of commerce and housing shall retain all
32       retirement benefits and leave rights which had accrued or vested prior to
33       each date of transfer. The service of each such officer and employee so
34       transferred shall be deemed to have been continuous. All transfers, layoffs
35       and abolition of classified service positions under the Kansas civil service
36       act which may result from program transfers shall be made in accordance
37       with the civil service laws and any rules and regulations adopted there-
38       under. Nothing in this act shall affect the classified status of any trans-
39       ferred person employed by the division of travel and tourism development
40       of the department of commerce and housing prior to the date of transfer.
41           (c) If the council on travel and tourism and the secretary of commerce
42       and housing cannot agree as to how the transfer of personnel is to take
43       place, the council on travel and tourism shall be responsible for admin-

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  1       istering any layoff that is a part of the transfer.
  2           (d) Notwithstanding the effective date of the legislation authorizing
  3       the transfer of personnel between the council on travel and tourism and
  4       the department of commerce and housing, the date of transfer of per-
  5       sonnel shall commence at the start of a payroll period.
  6           New Sec. 4. (a) When any conflict arises as to the disposition of any
  7       power, function or duty or the unexpended balance of any appropriation
  8       as a result of any abolition, transfer, attachment or change made by or
  9       under authority of this act, such conflict shall be resolved by the governor,
10       whose decision shall be final.
11           (b) The council on travel and tourism shall succeed to all property
12       and records concerning the division of travel and tourism development
13       of the department of commerce and housing which were used for or
14       pertain to the performance of the powers, duties and functions trans-
15       ferred to the council on travel and tourism. Any conflict as to the proper
16       disposition of property or records arising under this section, and resulting
17       from the transfer or attachment of any state agency, or all or part of the
18       powers, duties and functions thereof, shall be determined by the gover-
19       nor, whose decision shall be final.
20           New Sec. 5. (a) The council on travel and tourism shall have the legal
21       custody of all records, memoranda, writings, entries, prints, representa-
22       tions or combinations thereof of any act, transaction, occurrence or event
23       of the department of commerce and housing concerning the division of
24       travel and tourism development and any agency or office transferred
25       thereto under this act.
26           (b) No suit, action or other proceeding, judicial or administrative,
27       lawfully commenced, or which could have been commenced, by or against
28       any state agency mentioned in this act, or by or against any officer of the
29       state in such officer's official capacity or in relation to the discharge of
30       such officer's official duties, shall abate by reason of the governmental
31       reorganization effected under the provisions of this act. The court may
32       allow any such suit, action or other proceeding to be maintained by or
33       against the successor of any such state agency or any officer affected.
34           (c) No criminal action commenced or which could have been com-
35       menced by the state shall abate by the taking effect of this act.
36           New Sec. 6. (a) The balance of all funds appropriated and reappro-
37       priated to the department of commerce and housing concerning the di-
38       vision of travel and tourism development is hereby transferred to the
39       council on travel and tourism and shall be used only for the purpose for
40       which the appropriation was originally made.
41           (b) The liability for all accrued compensation or salaries of officers
42       and employees who, immediately prior to such date, were engaged in the
43       performance of powers, duties or functions of the department of com-

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  1       merce and housing concerning the division of travel and tourism devel-
  2       opment which are transferred to the council on travel and tourism, and
  3       who become officers and employees of the council on travel and tourism,
  4       shall be assumed and paid by the council on travel and tourism.
  5           New Sec. 7.  The council on travel and tourism shall succeed to what-
  6       ever right, title or interest the department of commerce and housing has
  7       acquired in any real property in this state concerning the division of travel
  8       and tourism development and the council on travel and tourism shall hold
  9       the same for and in the name of the state of Kansas. On and after the
10       effective date of this act, whenever any statute, contract, deed or other
11       document concerns the power or authority of the department of com-
12       merce and housing and the secretary of commerce and housing concern-
13       ing the division of travel and tourism development to acquire, hold or
14       dispose of real property or any interest therein the council on travel and
15       tourism shall succeed to such power or authority.
16           Sec. 8. K.S.A. 73-2103 is hereby amended to read as follows: 73-
17       2103. (a) In fulfilling its responsibilities, the Eisenhower centennial com-
18       mission shall consult, cooperate with and seek advice from appropriate
19       state departments and agencies, local public bodies, learned societies, and
20       historical, patriotic, philanthropic, civil, professional and related organi-
21       zations. State departments and agencies may cooperate with the com-
22       mission in planning, encouraging, developing and coordinating appropri-
23       ate commemorative activities.
24           (b) The chief executive officer of each state university shall cooperate
25       with the commission, especially in the encouragement and coordination
26       of scholarly works and presentations on the history, culture and political
27       thought on the life and times of Dwight D. Eisenhower.
28           (c) The state historical society and the state librarian shall cooperate
29       with the commission, especially in the development and display of exhibits
30       and collections and in the development of bibliographies, catalogs and
31       other materials relevant to the period of the life of Dwight D. Eisen-
32       hower.
33           (d) The secretary of commerce council on travel and tourism shall
34       cooperate with the commission, especially in encouraging, through the
35       division of travel and tourism development, visitors to the state to learn
36       more about Dwight D. Eisenhower and his Kansas roots.
37           Sec. 9. K.S.A. 1997 Supp. 74-5089 is hereby amended to read as
38       follows: 74-5089. (a) There is hereby established a state matching grant
39       program to provide assistance in the promotion of tourism and develop-
40       ment of quality tourist attractions within the state of Kansas. Grants
41       awarded under this program shall be limited to not more than 40% of
42       the cost of any proposed project. Applicants shall not utilize any state
43       moneys to meet the matching requirements under the provisions of this

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  1       program. Both public and private entities shall be eligible to apply for a
  2       grant under the provisions of this act. Not less than 75% of all moneys
  3       granted under this program shall be allocated to public entities or entities
  4       exempt from taxation under the provisions of 501(c)(3) of the federal
  5       internal revenue code of 1986 and amendments thereto. After July 1,
  6       1994, no Not more than 20% of moneys granted to public or nonprofit
  7       entities shall be granted to any single such entity. Furthermore, after July
  8       1, 1994, no and not more than 20% of moneys granted to private entities
  9       shall be granted to any single such entity. The secretary of commerce and
10       housing council on travel and tourism shall administer the provisions of
11       this act and the secretary council may adopt rules and regulations estab-
12       lishing criteria for qualification for a matching grant and such other mat-
13       ters deemed necessary by the secretary council for the administration of
14       this act.
15           (b) For the purpose of K.S.A. 74-5089 through 74-5091, and amend-
16       ments thereto, ``tourist attraction'' means a site that is of significant in-
17       terest to tourists as a historic, cultural, scientific, educational, recreational
18       or architecturally unique site, or as a site of natural scenic beauty or an
19       area naturally suited for outdoor recreation, however, under no circum-
20       stances shall ``tourist attraction'' mean a race track facility, as defined in
21       K.S.A. 74-8802, and amendments thereto, or any casino or other estab-
22       lishment which operates class three games, as defined in the 1991 version
23       of 25 USC 2703.
24           (c) During the fiscal year 1997, Kansas Inc. shall commission an anal-
25       ysis of this program's impact on tourism. The analysis shall include a
26       recommendation for continuation, discontinuation or alteration of the
27       program.
28           Sec. 10. K.S.A. 74-5090 is hereby amended to read as follows: 74-
29       5090. (a) There is hereby established the Kansas tourist attraction eval-
30       uation committee within the department of commerce which shall be
31       under the jurisdiction of the council on travel and tourism. The committee
32       shall consist of three members, all of whom shall have appropriate ex-
33       perience and expertise in the area of travel and tourism. The members
34       of the committee shall be appointed by the secretary of commerce council
35       on travel and tourism and shall serve at the secretary's pleasure of the
36       council.
37           (b) The committee shall screen, evaluate and approve or disapprove
38       all applications for matching grants by those entities described in K.S.A.
39       74-5089, and amendments thereto, for the promotion of tourism and the
40       development of tourist attractions in the state. The committee shall also
41       provide technical advice upon request to any local tourist attraction upon
42       ways to improve its operations.
43           (c) The director of travel and tourism development shall serve as a

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  1       nonvoting chairperson of the committee and the committee shall annually
  2       elect a chairperson and vice-chairperson from among its members. The
  3       committee shall meet upon call of the chairperson or upon call of any
  4       two of its members. Two voting members shall constitute a quorum for
  5       the transaction of business.
  6           (d) All members of the committee shall serve without compensation
  7       or any other allowances authorized under the provisions of article 32 of
  8       chapter 75 of the Kansas Statutes Annotated.
  9           Sec. 11. K.S.A. 1997 Supp. 74-5091 is hereby amended to read as
10       follows: 74-5091. (a) There is hereby established the Kansas tourist at-
11       traction matching grant development fund in the state treasury. The Kan-
12       sas tourist attraction matching grant development fund shall be admin-
13       istered by the secretary of commerce and housing council on travel and
14       tourism. All moneys in the Kansas tourist attraction matching grant de-
15       velopment fund shall be used to provide matching grants to provide as-
16       sistance in the promotion of tourism and the development of quality tour-
17       ist attractions within this state in accordance with this act.
18           (b) All moneys received pursuant to subsection (c) (g) (3) of K.S.A.
19       74-5032a K.S.A. 74-9001, and amendments thereto, shall be remitted to
20       the state treasurer at least monthly and deposited in the state treasury to
21       the credit of the Kansas tourist attraction matching grant development
22       fund.
23           (c) On or before the 10th of each month, the director of accounts
24       and reports shall transfer from the state general fund to the Kansas tourist
25       attraction matching grant development fund interest earnings based on:
26           (1) The average daily balance of moneys in the Kansas tourist attrac-
27       tion matching grant development fund for the preceding month; and
28           (2) the net earnings rate for the pooled money investment portfolio
29       for the preceding month.
30           Sec. 12. K.S.A. 1997 Supp. 74-9001 is hereby amended to read as
31       follows: 74-9001. (a) There is hereby established the council on travel and
32       tourism. The council shall consist of 17 voting members as follows: (1)
33       The chairperson of the standing committee on transportation and tourism
34       of the senate, or a member of the senate appointed by the president of
35       the senate; (2) the vice-chairperson of the standing committee on trans-
36       portation and tourism of the senate, or a member of the senate appointed
37       by the president of the senate; (3) the ranking minority member of the
38       standing committee on transportation and tourism of the senate, or a
39       member of the senate appointed by the minority leader of the senate; (4)
40       the chairperson of the standing committee on tourism of the house of
41       representatives, or a member of the house of representatives appointed
42       by the speaker of the house of representatives; (5) the vice-chairperson
43       of the standing committee on tourism of the house of representatives, or

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  1       a member of the house of representatives appointed by the speaker of
  2       the house of representatives; (6) the ranking minority member of the
  3       standing committee on tourism, or a member of the house of represen-
  4       tatives appointed by the minority leader of the house of representatives;
  5       and (7) eleven members appointed by the governor. Of the 11 members
  6       appointed by the governor, one shall be appointed from a list of three
  7       nominations made by the travel industry association of Kansas, one shall
  8       be appointed from a list of three nominations made by the Kansas lodging
  9       association, one shall be appointed from a list of three nominations made
10       by the Kansas restaurant association, one shall be appointed from a list
11       of three nominations made by the Kansas oil marketers and convenience
12       store association and seven shall be appointed to represent the general
13       public. In addition to the voting members of the council, four members
14       of the council shall serve ex officio: The secretary of commerce and hous-
15       ing, the secretary of transportation, the secretary of wildlife and parks
16       and the secretary of the state historical society. Each ex officio member
17       of the council may designate an officer or employee of the state agency
18       of the ex officio member to serve on the council in place of the ex officio
19       member. The ex officio members of the council, or their designees, shall
20       be nonvoting members of the council and shall provide information and
21       advice to the council.
22           (b) Legislator members shall be appointed for terms coinciding with
23       the terms for which such members are elected, except that on July 1,
24       1997, the four legislator members serving on the commission immediately
25       prior to such date shall cease to be members of the council and the
26       legislator members specified in paragraphs (1) and (2) of subsection (a)
27       shall serve on the council. Of the 11 members first appointed by the
28       governor, six shall be appointed for terms of three years and five shall be
29       appointed for terms of two years as determined by the governor. There-
30       after, all members appointed by the governor shall be appointed for terms
31       of three years. All members appointed to fill vacancies in the membership
32       of the council and all members appointed to succeed members appointed
33       to membership on the council shall be appointed in like manner as that
34       provided for the original appointment of the member succeeded.
35           (c) As soon as possible after the effective date of this act and on July
36       1, thereafter, the council shall elect a chairperson and vice-chairperson
37       from among its members. The council shall meet at least four times each
38       year at the call of the chairperson of the council. Nine voting members
39       of the council shall constitute a quorum.
40           (d) Members of the council attending meetings of such council, or
41       attending a subcommittee meeting thereof authorized by such council,
42       shall be paid amounts for mileage as provided in subsection (c) of K.S.A.
43       75-3223 and amendments thereto, or a lesser amount as determined by

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  1       the secretary of commerce compensation, subsistence allowances, mileage
  2       and other expenses as provided in K.S.A. 75-3223, and amendments
  3       thereto. Amounts paid under this subsection (d) to ex officio members of
  4       the council, or their designees, shall be from appropriations to the state
  5       agencies of which such members are officers or employees upon warrants
  6       of the director of accounts and reports issued pursuant to vouchers ap-
  7       proved by the chief administrative officers of such agencies. Amounts paid
  8       under this subsection (d) to voting members of the council shall be from
  9       moneys available for the payment of such amounts upon warrants of the
10       director of accounts and reports issued pursuant to vouchers approved
11       by the chairperson of the council.
12           (e) In addition to other duties and functions prescribed by law, the
13       council shall:
14           (1) Undertake programs and activities to increase the number of vis-
15       itors to Kansas by promoting the state as a travel and learning opportunity
16       to both Kansans and non-Kansans alike;
17           (2) encourage and promote the traveling public to visit this state by
18       publicizing information as to the recreational, historic and natural ad-
19       vantages of the state and its facilities for transient travel and to contract
20       with organizations for the purpose of promoting tourism within the state;
21       and
22           (3) request other state agencies such as, but not limited to, the Kansas
23       water office, the department of wildlife and parks and the department of
24       transportation, for assistance and all such agencies shall coordinate infor-
25       mation and their respective efforts with the council to most efficiently
26       and economically carry out the purpose and intent of this section; and
27           (4) (3) solicit and receive moneys from any public or private source
28       and administer a program of matching grants to provide assistance to
29       those entities described in K.S.A. 74-5089, and amendments thereto, in
30       the promotion of tourism and the development of quality tourist attrac-
31       tions in this state.
32           (f) All state agencies from which the council requests assistance shall
33       coordinate information and their respective efforts with the council to
34       more efficiently and economically carry out the purpose and intent of this
35       section.
36           Sec. 13. K.S.A. 1997 Supp. 74-9002 is hereby amended to read as
37       follows: 74-9002. The council on travel and tourism shall: (a) Advise the
38       department of commerce and housing in the development and imple-
39       mentation of Develop and implement the state's tourism marketing and
40       business development program including, but not limited to, long-range
41       strategies for attracting visitors to the state; (b) report to the department
42       of commerce and housing information for preparation of prepare the
43       annual budget for the division of travel and tourism development pro-

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  1       grams and other operating expenditures of the council; (c) identify and
  2       review tourism related issues and current state policies and programs
  3       which directly or indirectly affect travel and tourism in the state, including
  4       regional tourism planning, and, as appropriate, recommend the adoption
  5       of new, or the modification of existing, policies and programs; (d) prepare
  6       and submit as a part of the an annual report of to the department of
  7       commerce and housing, pursuant to K.S.A. 1997 Supp. 74-5049, and
  8       amendments thereto, a report legislature of findings and recommenda-
  9       tions of the council concerning the promoting of travel and tourism in
10       Kansas and such related matters as the council deems appropriate; and
11       (e) perform such other acts as may be necessary in carrying out the duties
12       of the council.
13           Sec. 14. K.S.A. 1997 Supp. 74-9003 is hereby amended to read as
14       follows: 74-9003. (a) There is hereby established in the state treasury the
15       state tourism fund. All moneys credited to the state tourism fund shall
16       only be used for expenditures for the purposes of developing new tourism
17       attractions in Kansas and to significantly expand existing tourism attrac-
18       tions in Kansas. Both public and private entities shall be eligible to apply
19       for funds under the provisions of this act.
20           (b) The secretary of commerce and housing council on travel and
21       tourism shall administer the provisions of this act. The secretary council
22       on travel and tourism may adopt rules and regulations establishing criteria
23       for obtaining grants and other expenditures from such fund and other
24       matters deemed necessary for the administration of this act.
25           (c) All expenditures from such fund shall be made in accordance with
26       appropriation acts upon warrants of the director of accounts and reports
27       issued pursuant to vouchers approved by the secretary of commerce and
28       housing chairperson of the council on travel and tourism or the secretary's
29       the chairperson's designee.
30           (d) The secretary of commerce and housing council on travel and
31       tourism shall prepare and submit budget estimates for all proposed ex-
32       penditures from the state tourism fund in accordance with the provisions
33       of K.S.A. 75-3717 and 75-3717b and amendments thereto. Such budget
34       estimates shall include detailed information regarding all proposed ex-
35       penditures for programs, projects, activities and other matters and shall
36       set forth separately each program, project, activity or other expenditure
37       for which the proposed expenditures from the state tourism fund for a
38       fiscal year are for an amount that is equal to $50,000 or more. Appropri-
39       ations for the department of commerce and housing council on travel and
40       tourism of moneys in the state tourism fund for each program, project,
41       activity or other expenditure for a fiscal year for an amount that is equal
42       to $50,000 or more shall be made as a separate item of appropriation.
43           (e) The legislature shall approve or disapprove of any itemized ex-

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  1       penditure from the state tourism fund.
  2           (f) On or before the 10th of each month, the director of accounts and
  3       reports shall transfer from the state general fund to the state tourism fund
  4       established in subsection (a) interest earnings based on:
  5           (1) The average daily balance of moneys in the state tourism fund for
  6       the preceding month; and
  7           (2) the net earnings rate of the pooled money investment portfolio
  8       for the preceding month.
  9           Sec. 15. K.S.A. 74-9202 is hereby amended to read as follows: 74-
10       9202. The Kansas film services commission shall: Advise the department
11       of commerce council on travel and tourism and develop strategies on
12       methods to attract film-making enterprises to the state of Kansas; assist
13       the film services section of the division of council on travel and tourism
14       development in the locating and researching of locations for possible use
15       by the movie industry; assist students in Kansas in developing film-making
16       skills; provide assistance to movie personnel who utilize Kansas as a lo-
17       cation for filming as may be directed by the division council on travel and
18       tourism; provide support at official hospitality functions for the film in-
19       dustry; participate in trade show and official functions pertaining to the
20       film industry; and assist in the establishment of motion picture ventures
21       and such related matters as the commission deems appropriate. The de-
22       partment of commerce council on travel and tourism shall provide staff
23       and other assistance as may be required by the commission in the per-
24       formance of its duties.
25           Sec. 16. K.S.A. 73-2103, 74-5032, 74-5032a, 74-5090 and 74-9202
26       and K.S.A. 1997 Supp. 74-5089, 74-5091, 74-9001, 74-9002 and 74-9003
27       are hereby repealed.
28           Sec. 17. This act shall take effect and be in force from and after its
29       publication in the statute book.
30      
31