As Amended by House Committee
         
Session of 1999
         
HOUSE BILL No. 2508
         
By Committee on Appropriations
         
2-16
         
10             AN  ACT relating to certain state buildings or facilities; concerning the
11             statehouse, governor's residence and Hiram Price Dillon house con-
12             cerning government projects; procedures, reviews and exemp-
13             tions; procedures and requirements for contracts, projects and dona-
14             tions for renovation, reconstruction, repair and other improvement
15             thereof improvements of the statehouse, governor's residence
16             and Hiram Price Dillon house; establishing the state facilities gift
17             fund; amending K.S.A. 75-2724 and repealing the existing
18             section.
19      
20       Be it enacted by the Legislature of the State of Kansas:
21             Section  1. (a) In accordance with the provisions of this section and
22       in the discretion of the secretary of administration, whenever a contract
23       will involve any repair, restoration, renovation, remodeling, refurnishing
24       or other improvement to a state historic building, the contract shall not
25       be subject to the provisions of:
26             (1) K.S.A. 75-430a and amendments thereto, relating to publication
27       of notice prior to negotiating for ancillary technical services or architec-
28       tural, engineering or other related services;
29             (2) K.S.A. 75-1250 through 75-1266 or K.S.A. 75-5801 through 75-
30       5807 and amendments thereto, relating to the acquisition of architectural,
31       engineering, construction management or other services; or
32             (3) K.S.A. 75-2724 and amendments thereto, relating to certain gov-
33       ernment project reviews; or
34             (4) the competitive bid procedures and requirements of K.S.A. 75-
35       3739 through 75-3744 and amendments thereto.
36             (b) With respect to any such contract, the provisions of K.S.A. 75-
37       1258, 75-1264 and 75-3741c and amendments thereto shall apply to any
38       such contract and to any such repair, restoration, renovation, remodeling,
39       refurnishing or other improvement for a state historic building. The con-
40       tract or project for any such repair, restoration, renovation, remodeling,
41       refurnishing or other improvement shall be subject to such design, con-
42       struction or other procedures and standards as may be prescribed by the
43       secretary of administration therefor.

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  1             (c) As used in this section, "state historic building" means (1) the
  2       statehouse, (2) the property identified in K.S.A. 75-121 and amendments
  3       thereto, which is known as Cedar Crest, and (3) the property identified
  4       in subsection (c) of K.S.A. 75-3681 and amendments thereto, which is
  5       known as the Hiram Price Dillon house.
  6             Sec.  2. (a) In addition to the authority granted to the governor's res-
  7       idence advisory commission, the secretary of administration is hereby
  8       authorized to accept on behalf of the state any grants, gifts, contributions,
  9       bequests or donations of personal property or money for the purpose of
10       restoring, renovating, furnishing, improving or beautifying the property
11       identified in K.S.A. 75-121 and amendments thereto which is known as
12       Cedar Crest. Prior to accepting such a grant, gift, contribution, bequest
13       or donation, the secretary of administration may advise and consult with
14       the governor's residence advisory commission. If any donation of money
15       is subject to terms and conditions established by the donor, the governor's
16       residence advisory commission shall be advised of the donation and its
17       associated terms and conditions prior to acceptance by the secretary of
18       administration.
19             (b) Any moneys donated for Cedar Crest and received and accepted
20       by the secretary of administration shall be paid to the department of
21       administration and shall be deposited in the state treasury to the credit
22       of the executive mansion gifts fund.
23             Sec.  3. (a) The secretary of administration is hereby authorized to
24       accept on behalf of the state any grants, gifts, contributions, bequests or
25       donations of personal property or money for the purpose of restoring,
26       renovating, furnishing, improving or beautifying the statehouse. Prior to
27       accepting any such grant, gift, contribution, bequest or donation, the sec-
28       retary may consult with the legislative coordinating council, the state-
29       house art and history committee, the capitol area plaza authority or any
30       other appropriate advisory committee.
31             (b) Any moneys donated for the statehouse and received and ac-
32       cepted by the secretary of administration shall be paid to the department
33       of administration and shall be deposited to the credit of a statehouse
34       account within the state facilities gift fund established by section 5 and
35       amendments thereto.
36             Sec.  4. (a) Subject to the approval of the legislative coordinating
37       council, the Dillon House advisory commission established by the legis-
38       lative coordinating council shall have the power to accept on behalf of
39       the state any grants, gifts, contributions, bequests or donations of personal
40       property or money for the purpose of restoring, renovating, furnishing,
41       improving or beautifying the property identified in subsection (c) of
42       K.S.A. 75-3681 and amendments thereto, which is known as the Hiram
43       Price Dillon House. The Dillon House advisory commission shall advise

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  1       the legislative coordinating council of any offers of gifts, contributions,
  2       grants, bequests or donations of items or services for the Hiram Price
  3       Dillon House.
  4             (b) Any moneys donated for the Hiram Price Dillon House and re-
  5       ceived and accepted by the Dillon House advisory commission with the
  6       approval of the legislative coordinating council shall be paid to the de-
  7       partment of administration and shall be deposited in the Dillon House
  8       account within the state facilities gift fund established by section 5 and
  9       amendments thereto. If any monetary donation for the Hiram Price Dil-
10       lon House is subject to terms and conditions established by the donor,
11       the legislative coordinating council shall be advised of the donation and
12       its associated terms and conditions and acceptance of the donation shall
13       be approved by the legislative coordinating council before the donation
14       is accepted and deposited in the state treasury.
15             Sec.  5. There is hereby established in the state treasury the state
16       facilities gift fund which shall be administered by the secretary of admin-
17       istration. All expenditures from the state facilities gift fund shall be in
18       accordance with the provisions of appropriation acts upon warrants of the
19       director of accounts and reports pursuant to vouchers approved by the
20       secretary of administration or the secretary's designee.
21        Sec.  6. K.S.A. 75-2724 is hereby amended to read as follows:
22       75-2724. (a) The state or any political subdivision of the state, or
23       any instrumentality thereof, shall not undertake any project which
24       will encroach upon, damage or destroy any historic property in-
25       cluded in the national register of historic places or the state reg-
26       ister of historic places or the environs of such property until the
27       state historic preservation officer has been given notice, as pro-
28       vided herein, and an opportunity to investigate and comment upon
29       the proposed project. Notice to the state historic preservation of-
30       ficer shall be given by the state or any political subdivision of the
31       state when the proposed project, or any portion thereof, is located
32       within 500 feet of the boundaries of a historic property located
33       within the corporate limits of a city, or within 1,000 feet of the
34       boundaries of a historic property located in the unincorporated
35       portion of a county. Notwithstanding the notice herein required,
36       nothing in this section shall be interpreted as limiting the authority
37       of the state historic preservation officer to investigate, comment
38       and make the determinations otherwise permitted by this section
39       regardless of the proximity of any proposed project to the bound-
40       aries of a historic property. The state historic preservation officer
41       may solicit the advice and recommendations of the historic sites
42       board of review with respect to such project and may direct that
43       a public hearing or hearings be held thereon. Any such public hear-

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  1       ing or hearings held pursuant to this subsection or held pursuant to au-
  2       thority delegated by the state historical preservation officer under sub-
  3       section (e) or (f) shall be held within 60 days from the date of receipt of
  4       notice by the state historical preservation officer from the state or any
  5       political subdivision of the state as provided herein. If the state historic
  6       preservation officer determines, with or without having been given
  7       notice of the proposed project, that such proposed project will
  8       encroach upon, damage or destroy any historic property included
  9       in the national register of historic places or the state register of
10       historic places or the environs of such property, such project shall
11       not proceed until:
12             (1) The governor, in the case of a project of the state or an
13       instrumentality thereof, or the governing body of the political sub-
14       division, in the case of a project of a political subdivision or an
15       instrumentality thereof, has made a determination, based on a con-
16       sideration of all relevant factors, that there is no feasible and pru-
17       dent alternative to the proposal and that the program includes all
18       possible planning to minimize harm to such historic property re-
19       sulting from such use; and
20             (2) five days notice of such determination has been given, by
21       certified mail, to the state historic preservation officer.
22             (b) Any person aggrieved by the determination of the governor
23       pursuant to this section may seek review of such determination in
24       accordance with the act for judicial review and civil enforcement
25       of agency actions. Any person aggrieved by the determination of
26       a governing body pursuant to this section may seek review of such
27       determination in accordance with K.S.A. 60-2101 and amendments
28       thereto.
29             (c) The failure of the state historic preservation officer to ini-
30       tiate an investigation of any proposed project within 30 days from
31       the date of receipt of notice thereof shall constitute such officer's
32       approval of such project.
33             (d) Failure of any person or entity to apply for and obtain the
34       proper or required building or demolition permit before under-
35       taking a project that will encroach upon, damage or destroy any
36       historic property included in the national register of historic places
37       or the state register of historic places, or the environs of such prop-
38       erty, shall be subject to a civil penalty not to exceed $25,000 for
39       each violation. The attorney general may seek such penalties and
40       other relief through actions filed in district court.
41             (e)  (1) The state historic preservation officer may enter into
42       an agreement authorizing a city or county to make recommenda-
43       tions or to perform any or all responsibilities of the state historic

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  1       preservation officer under subsections (a), (b) and (c) if the state
  2       historic preservation officer determines that the city or county has
  3       enacted a comprehensive local historic preservation ordinance, es-
  4       tablished a local historic preservation board or commission and is
  5       actively engaged in a local historic preservation program. The
  6       agreement shall specify the authority delegated to the city or
  7       county by the state historic preservation officer, the manner in
  8       which the city or county shall report its decisions to the state his-
  9       toric preservation officer, the conditions under which the city or
10       county can request assistance from the state historic preservation
11       officer in performing certain project reviews, the length of time
12       the agreement is to be valid and provisions for termination of the
13       agreement. Such agreement shall provide that the state historic
14       preservation officer shall retain final authority to implement the
15       provisions of this act. The state historic preservation officer shall
16       adopt any rules and regulations necessary to implement the pro-
17       visions of this subsection.
18             (2) An agreement with a city or county authorized by this sub-
19       section shall not be construed as limiting the authority of the state
20       historic preservation officer to investigate, comment and make de-
21       terminations otherwise permitted by this section.
22             (f) The state historic preservation officer may enter into agree-
23       ments with the state board of regents or any state educational in-
24       stitution under the control and supervision of the state board of
25       regents to perform any or all responsibilities of the state historic
26       preservation officer under subsections (a), (b) and (c). 
27       Sec.  7. K.S.A. 75-2724 is hereby repealed.
28        Sec.  6. 8. This act shall take effect and be in force from and after its
29       publication in the Kansas register.