Session of 2000
HOUSE BILL No. 2605
By Special Committee on Structure and Organization of the
State
Historical Society
1-7
10 AN ACT creating
the Kansas department of history and preservation;
11 transferring powers,
duties and functions from the state historical so-
12 ciety to the
department; amending K.S.A. 12-17,104, 22a-232, 45-106,
13 45-116, 45-404,
45-405, 45-406, 58-2009, 58-2010, 58-4012, 64-106,
14 74-5402, 74-5406,
74-5408, 74-6614, 75-104, 75-1023, 75-2250, 75-
15 2251, 75-2266,
75-2566, 75-2701, 75-2702, 75-2703, 75-2704, 75-2705,
16 75-2713, 75-2714,
75-2717, 75-2718, 75-2719a, 75-2721, 75-2722, 75-
17 2723, 75-2725,
75-2726, 75-2728, 75-2729, 75-2743, 75-2744, 75-2748,
18 75-2749, 75-2753,
75-3048, 75-3148, 75-3502, 75-3509, 76-2002d, 76-
19 2005a, 76-2005b,
76-2007, 76-2007a, 76-2007f, 76-2011, 76-2012, 76-
20 2015, 76-2016,
76-2017a, 76-2018, 76-2019, 76-2022, 76-2024, 76-
21 2027, 76-2028,
76-2031, 76-2033, 76-2035, 76-2039, 76-2043, 76-2047,
22 76-2048, 76-2050,
76-2051, 76-2054, 76-2056, 77-138, 77-430 and 82a-
23 326 and K.S.A. 1999
Supp. 12-120, 38-1506, 38-1607, 41-719, 45-412,
24 58-2011, 73-209,
74-9001, 74-9201 and 75-2935 and repealing the ex-
25 isting sections; also
repealing K.S.A. 1999 Supp. 41-719a.
26
27 Be it enacted by the Legislature of the
State of Kansas:
28 New Section
1. As used in this act:
29 (a) "Director of
history and preservation" means the director of his-
30 tory and preservation created by section 2
and amendments thereto;
31 (b) "Kansas
department of history and preservation" means the Kan-
32 sas department of history and preservation
created by section 2 and
33 amendments thereto;
34 (c) "powers,
duties and functions of the state historical society"
35 means all of the powers, duties and
functions of the state historical society
36 that were authorized to be exercised or
performed by the state historical
37 society as trustee of the state and shall
not include any power, duty or
38 function that the Kansas state historical
society, inc., is authorized to ex-
39 ercise or perform solely as a corporation
organized under the laws of
40 Kansas;
41 (d) "powers,
duties and functions of the secretary of the state histor-
42 ical society" means all of the powers,
duties and functions of the secretary
43 or executive director of the state
historical society that were authorized
2
1 to be exercised or performed by such
secretary or executive director as
2 the chief administrative officer of
the state historical society as trustee of
3 the state and all other powers,
duties and functions that are specifically
4 provided or delegated by statute to
the secretary or executive director of
5 the state historical society as a
state officer;
6
(e) "records and property of the state historical society"
means all of
7 the records and property of the state
historical society which have been
8 created, received or acquired by or
which are otherwise in the custody
9 or control of the state historical
society as trustee of the state and shall
10 not include any records or property that
the Kansas state historical society,
11 inc., created or acquired solely for the
purposes or in the name of the
12 Kansas state historical society, inc., as a
corporation organized under the
13 laws of Kansas and not as the state
historical society as trustee of the state;
14 (f) "rules and
regulations" means rules and regulations adopted in
15 accordance with the rules and regulations
filing act; and
16 (g) "state
historical society as trustee of the state" means the state
17 historical society acting in its capacity
as trustee of the state or otherwise
18 as a state agency under the statutes and
law in effect prior to July 1, 2000.
19 New Sec.
2. (a) There is hereby created within the executive branch
20 of state government the Kansas department
of history and preservation,
21 which shall be administered under the
direction and supervision of a
22 director of history and preservation. The
governor shall appoint the di-
23 rector of history and preservation, subject
to confirmation by the senate
24 as provided in K.S.A. 75-4315b and
amendments thereto. The director
25 of history and preservation shall serve at
the pleasure of the governor.
26 The director of history and preservation
shall receive an annual salary
27 fixed by the governor.
28 (b) The director
of history and preservation shall be qualified by ed-
29 ucation or training and experience in the
field of history, historic pres-
30 ervation, education, museum administration
or a related field and shall
31 have demonstrated executive and
administrative ability to discharge the
32 duties of the office of director of history
and preservation.
33 New Sec.
3. (a) The director of history and preservation may organ-
34 ize the Kansas department of history and
preservation in the manner the
35 secretary deems most efficient, so long as
the same is not in conflict with
36 the provisions of law and the director may
establish policies governing
37 the transaction of business of the
department and the administration of
38 the department.
39 (b) In addition
to other authority provided by statute, the director of
40 history and preservation may enter into
contracts with appropriate public
41 and private entities for the purposes
assisting or enhancing the functions,
42 activities and operations of the Kansas
department of history and pres-
43 ervation, including the collections,
museums, historic sites, publications,
3
1 records, archives, research services
and other programs and activities of
2 the department. In particular, the
director of history and preservation
3 shall enter into one or more
contracts with the Kansas state historical
4 society, inc., to provide space for
the museum store operated by the so-
5 ciety in the Kansas museum of
history, to provide other space for office
6 and administrative activities for the
society at the Kansas history center
7 and to otherwise provide assistance
or make available equipment and
8 facilities to the society for the
purposes of continuing and further devel-
9 oping a mutually beneficial
relationship with the Kansas state historical
10 society, inc., in furtherance of the
historic interests of Kansas.
11 New Sec.
4. (a) On July 1, 2000, the office of the state historical
12 society as trustee of the state, conferred
by K.S.A. 75-2701 and amend-
13 ments thereto, is hereby terminated and
dissolved. On July 1, 2000, the
14 office of the secretary of the state
historical society and the office of the
15 executive director of the state historical
society, as each such state office
16 is conferred and provided for by statute,
are hereby abolished.
17 (b) On July 1,
2000, except as otherwise specifically provided by this
18 act, all of the powers, duties and
functions of the state historical society,
19 including the power to administer, expend
and distribute funds now or
20 hereafter made available in accordance with
appropriation acts, shall be
21 and hereby are transferred to and conferred
and imposed upon the Kan-
22 sas department of history and preservation.
The Kansas department of
23 history and preservation shall be the
successor in every way to the powers,
24 duties and functions of the state
historical society, in which the same were
25 vested prior to July 1, 2000. The Kansas
department of history and pres-
26 ervation shall be a continuation of the
state historical society as trustee
27 of the state and every act performed under
the authority of the Kansas
28 department of history and preservation
shall be deemed to have the same
29 force and effect as if performed by the
state historical society in which
30 the authority to perform such act was
vested prior to July 1, 2000.
31 (c) On July 1,
2000, except as otherwise specifically provided by this
32 act, all of the powers, duties and
functions of the secretary of the state
33 historical society, including the power to
administer, expend and distrib-
34 ute funds now or hereafter made available
in accordance with appropri-
35 ation acts, shall be and hereby are
transferred to and conferred and im-
36 posed upon the director of history and
preservation. Except as otherwise
37 specifically provided by this act, the
director of history and preservation
38 shall be the successor in every way to the
powers, duties and functions
39 of the secretary of the state historical
society, in which the same were
40 vested prior to July 1, 2000. Except as
otherwise specifically provided by
41 this act, the director of history and
preservation shall be a continuation
42 of the secretary of the state historical
society and the executive director
43 of the state historical society for all
purposes of the exercise or perform-
4
1 ance of such powers, duties and
functions of the secretary of the state
2 historical society and every act
performed under the authority of the di-
3 rector of history and preservation
shall be deemed to have the same force
4 and effect as if performed by the
secretary of the state historical society
5 or the executive director of the
state historical society in which the au-
6 thority to perform such act was
vested prior to July 1, 2000.
7 (d) On and
after July 1, 2000, except as otherwise specifically pro-
8 vided by this act, whenever the state
historical society, or words of like
9 effect, is referred to or designated
by a statute, contract or other docu-
10 ment, and such reference or designation is
to the state historical society
11 as trustee of the state, such reference or
designation shall be deemed to
12 apply to the Kansas department of history
and preservation.
13 (e) On and after
July 1, 2000, except as otherwise specifically pro-
14 vided by this act, whenever the secretary
of the state historical society or
15 the executive director of the state
historical society, or words of like effect,
16 is referred to or designated by a statute,
contract or other document, and
17 such reference or designation is to the
secretary of the state historical
18 society or the executive director of the
state historical society as a state
19 officer of the state historical society as
trustee of the state, such reference
20 or designation shall be deemed to apply to
the director of history and
21 preservation.
22 (f) All rules and
regulations of the state historical society and the
23 secretary of the state historical society
that are in existence on June 30,
24 2000, shall continue to be effective and
shall be deemed to be duly
25 adopted rules and regulations of the Kansas
department of history and
26 preservation until revised, amended,
revoked or nullified pursuant to law.
27 (g) All policies,
orders and directives of the state historical society as
28 trustee of the state or of the secretary or
executive director of the state
29 historical society as trustee of the state
that are in existence on June 30,
30 2000, shall continue to be effective and
shall be deemed to be policies,
31 orders and directives of the Kansas
department of history and preserva-
32 tion and the director of history and
preservation until revised, amended
33 or nullified pursuant to law.
34 New Sec.
5. On July 1, 2000, the Kansas department of history and
35 preservation and the director of history
and preservation shall succeed to
36 whatever right, title or interest the state
historical society as trustee of
37 the state has acquired in any real property
in this state, and the Kansas
38 department of history and preservation and
the director of history and
39 preservation shall hold the same for and in
the name of the state of
40 Kansas. On and after July 1, 2000, whenever
any statute, contract, deed
41 or other document concerns the power or
authority of the state historical
42 society as the trustee of the state to
acquire, hold or dispose of real prop-
43 erty or any interest therein, the Kansas
department of history and pres-
5
1 ervation and the director of history
and preservation shall succeed to such
2 power or authority.
3 New Sec.
6. (a) The director of history and preservation shall
provide
4 that all officers and employees of
the state historical society who are
5 engaged in the exercise and
performance of the powers, duties and func-
6 tions transferred by this act are
transferred to the Kansas department of
7 history and preservation if the
director of history and preservation deems
8 that the transfer of such officers
and employees is necessary to the ex-
9 ercise and performance of such
powers, duties and functions.
10 (b) Officers and
employees of the state historical society who are
11 transferred to the Kansas department of
history and preservation shall
12 retain all retirement benefits and leave
rights which had accrued or vested
13 prior to the date of transfer. The service
of each such officer and em-
14 ployee so transferred shall be deemed to
have been continuous. All trans-
15 fers, layoffs and abolition of classified
service positions under the Kansas
16 civil service act which may result from
transfers of powers, duties and
17 functions shall be made in accordance with
the civil service laws and any
18 rules and regulations adopted thereunder.
Nothing in this act shall affect
19 the classified status of any transferred
person employed by the state his-
20 torical society prior to the date of
transfer. The director of history and
21 preservation shall be responsible for
administering any layoff that is a part
22 of the transfer. Notwithstanding the date
of transfer of personnel from
23 the state historical society to the Kansas
department of history and pres-
24 ervation pursuant to the provisions of this
act, the date of such transfer
25 shall be effective at the start of a
payroll period.
26 New Sec.
7. (a) When any conflict arises as to the disposition of
any
27 power, function or duty or the unexpended
balance of any appropriation
28 as a result of any abolition, transfer or
change effected by or under au-
29 thority of this act, such conflict shall be
resolved by the governor, whose
30 decision shall be final.
31 (b) On July 1,
2000, the Kansas department of history and preser-
32 vation shall succeed to all property and
records which were used for or
33 pertain to the performance of the powers,
duties and functions trans-
34 ferred by this act to such department or to
the director of history and
35 preservation. Any conflict as to the proper
disposition of property or re-
36 cords arising under this section, and
resulting from any abolition or trans-
37 fer of powers, duties and functions
effected by or under authority of this
38 act, shall be determined by the governor,
whose decision shall be final.
39 New Sec.
8. (a) On and after July 1, 2000, the Kansas department of
40 history and preservation and the director
of history and preservation shall
41 have the legal custody of all records,
memoranda, writings, entries, prints,
42 representations or combinations thereof of
any act, transaction, occur-
43 rence or event of the state historical
society as the trustee of the state or
6
1 the secretary or executive director
thereof as a state officer.
2 (b) No
suit, action or other proceeding, judicial or administrative,
3 lawfully commenced, or which could
have been commenced, by or against
4 the state historical society as the
trustee of the state or the secretary or
5 executive director thereof, as a
state officer in the official capacity of such
6 state agency or officer or in
relation to the discharge of official duties of
7 such state agency or officer, shall
abate by reason of the governmental
8 reorganization effected under the
provisions of this act. The court may
9 allow any such suit, action or other
proceeding to be maintained by or
10 against the Kansas department of history
and preservation and the direc-
11 tor of history and preservation.
12 (c) No criminal
action commenced or which could have been com-
13 menced by the state shall abate by reason
of the governmental reorgan-
14 ization effected under the provisions of
this act.
15 New Sec.
9. (a) On July 1, 2000, the balance of all funds
appropriated
16 and reappropriated to the state historical
society is hereby transferred to
17 the Kansas department of history and
preservation and shall be used only
18 for the purpose for which the appropriation
was originally made.
19 (b) On July 1,
2000, the liability for all accrued compensation or sal-
20 aries of officers and employees who,
immediately prior to such date, were
21 engaged in the performance of powers,
duties or functions of the state
22 historical society as a trustee of the
state shall be assumed and paid by
23 the Kansas department of history and
preservation.
24 Sec.
10. K.S.A. 1999 Supp. 12-120 is hereby amended to read as
25 follows: 12-120. (a) The officers and
employees of any city charged with
26 the custody or having in their custody the
following records, documents
27 or other papers may destroy the same after
they have been on file for the
28 period stated:
29 (1) Claims and
any purchase orders attached thereto, five years.
30 (2) Warrants or
warrant checks, whether originals or duplicates, that
31 have been paid, five years.
32 (3) Duplicates of
receipts or stubs of receipts issued, three years.
33 (4) Duplicates of
utility bills sent to customers, three years.
34 (5) Bookkeeping
or accounting records of utility customer's accounts,
35 three years, except that the period for the
records of deposits to guarantee
36 the payment of bills or the return of
meters shall begin when the account
37 is closed or the customer ceases to receive
service.
38 (6) Duplicates or
stubs of licenses issued for license fees or taxes,
39 three years.
40 (7) Bonds of
officers or employees, 10 years, the period to begin at
41 the termination of the term of the
bond.
42 (8) Insurance
policies, five years, the period beginning at expiration
43 of the policy unless a claim is
pending.
7
1
(9) Canceled checks, five years.
2
(10) Requisition and duplicate purchase orders, three
years.
3 (11) Bonds
and coupons, if any, stamped paid or canceled and re-
4 turned by the fiscal agent, five
years, the period beginning at the date of
5 maturity of the bond or coupon. One
bond of each issue shall be retained
6 permanently or shall be offered to
the state historical society Kansas de-
7 partment of history and
preservation.
8 (b) The
original of records, documents or other papers listed in sub-
9 section (a) may be destroyed at any
time if reproduced as provided in
10 K.S.A. 12-122, and amendments thereto, and
such reproduction shall be
11 retained for a period not less than
required for the original records.
12 Sec.
11. K.S.A. 12-17,104 is hereby amended to read as follows:
12-
13 17,104. The governing body of the city, on
behalf of the district, shall
14 have the right to acquire real and personal
property by gift, purchase,
15 exchange or eminent domain, as provided by
K.S.A. 26-501 to 26-516,
16 inclusive, and amendments thereto, provided
that the governing body
17 may exercise the power of eminent domain
only under the following
18 conditions:
19 (1) Acquisition
of the land and personal property is in the public
20 interest and is needed to further the
improvement or redevelopment
21 proposal of an existing self-supported
municipal improvement district un-
22 der this act.
23 (2) The proposal
has been reviewed by the appropriate planning com-
24 mission for conformance with the
comprehensive plan of the city.
25 (3) The city has
complied with K.S.A. 75-2714 to 75-2725, inclusive,
26 and amendments thereto, and has received
written approval of the state
27 historical society
Kansas department of history and preservation as pro-
28 vided by K.S.A. 75-2714, and amendments
thereto.
29 (4) The
provisions of K.S.A. 12-1771 and 12-1772, and amendments
30 thereto, have been complied with except as
the same relate to findings
31 of a blighted area.
32 (5) The
procedures for a public hearing, notification to affected prop-
33 erty owners and the right of appeal shall
be the same as provided in
34 subsections (d) and (e) of K.S.A. 12-1796
and 12-1797, and amendments
35 thereto.
36 Upon the dissolution
of the district or according to the district proposal
37 as adopted or amended, and the retirement
of all bonded indebtedness
38 against the property, all property of the
district shall become the property
39 of the city and the city may trade or
exchange or sell this property in the
40 same manner as provided in K.S.A. 12-1301,
and amendments thereto.
41 The proceeds from such sale may be used for
another public purpose.
42 Sec.
12. K.S.A. 22a-232 is hereby amended to read as follows:
22a-
43 232. (a) Upon receipt of notice pursuant to
K.S.A. 22a-231, and amend-
8
1 ments thereto, the coroner shall take
charge of the dead body, make
2 inquiries regarding the cause of
death and reduce the findings to a report
3 in writing. Such report shall be
filed with the clerk of the district court
4 of the county in which the cause of
death occurred if known, or if not
5 known the report shall be filed with
the clerk of the district court of the
6 county in which the death occurred.
If the coroner determines that the
7 dead body is not a body described by
K.S.A. 22a-231, and amendments
8 thereto, the coroner shall
immediately notify the state historical
society
9 Kansas department of history and
preservation.
10 (b) If in the
opinion of the coroner information is present in the
11 coroner's report that might jeopardize a
criminal investigation, the cor-
12 oner shall file the report with the clerk
of the district court of such county
13 and designate such report as a criminal
investigation record, pursuant to
14 subsection (a)(10) of K.S.A. 45-221, and
amendments thereto.
15 Sec.
13. K.S.A. 1999 Supp. 38-1506 is hereby amended to read as
16 follows: 38-1506. (a) Official file.
The official file of proceedings pursuant
17 to this code shall consist of the petition,
process, service of process, or-
18 ders, writs and journal entries reflecting
hearings held and judgments and
19 decrees entered by the court. The official
file shall be kept separate from
20 other records of the court. The official
file shall be privileged and shall
21 not be disclosed directly or indirectly to
anyone except:
22 (1) A judge of
the district court and members of the staff of the court
23 designated by a judge of the district
court;
24 (2) the guardian
ad litem and the parties to the proceedings and their
25 attorneys;
26 (3) any
individual, or any public or private agency or institution,
hav-
27 ing custody of the child under court order
or providing educational, med-
28 ical or mental health services to the child
or a court-approved advocate
29 for the child or any placement provider or
potential placement provider
30 as determined by the secretary or court
services officer; and
31 (4) any other
person when authorized by a court order, subject to any
32 conditions imposed by the order.
33 (b) Social
file. Reports and information received by the court, other
34 than the official file, shall be privileged
and open to inspection only by
35 the guardian ad litem or an attorney
for an interested party or upon court
36 order. The reports shall not be further
disclosed by the guardian ad litem
37 or attorney without approval of the court
or by being presented as ad-
38 missible evidence.
39
(c) Preservation of records. The Kansas state
historical society de-
40 partment of history and preservation
shall be allowed to take possession
41 for preservation in the state archives of
any court records related to pro-
42 ceedings under the Kansas code for care of
children whenever such re-
43 cords otherwise would be destroyed. No such
records in the custody of
9
1 the Kansas state historical
society department of history and preservation
2 shall be disclosed directly or
indirectly to anyone for 80 years after cre-
3 ation of the records, except as
provided in subsections (a) and (b). Pur-
4 suant to subsections (a)(4) and (b),
a judge of the district court may allow
5 inspection for research purposes of
any court records in the custody of
6 the Kansas state historical
society department of history and preservation
7 related to proceedings under the
Kansas code for care of children.
8 Sec.
14. K.S.A. 1999 Supp. 38-1607 is hereby amended to read as
9 follows: 38-1607. (a) Official
file. The official file of proceedings pursuant
10 to this code shall consist of the
complaint, process, service of process,
11 orders, writs and journal entries
reflecting hearings held and judgments
12 and decrees entered by the court. The
official file shall be kept separate
13 from other records of the court.
14 (b) The official
file shall be open for public inspection as to any ju-
15 venile 14 or more years of age at the time
any act is alleged to have been
16 committed or as to any juvenile less than
14 years of age at the time any
17 act is alleged to have been committed
except if the judge determines that
18 opening the official file for public
inspection is not in the best interest of
19 such juvenile who is less than 14 years of
age. Information identifying
20 victims and alleged victims of sex
offenses, as defined in K.S.A. chapter
21 21, article 35, shall not be disclosed or
open to public inspection under
22 any circumstances. Nothing in this section
shall prohibit the victim or
23 alleged victim of any sex offense from
voluntarily disclosing their identity.
24 If the judge determines that a juvenile
file, for a juvenile who is less than
25 14 years of age, shall not be open for
public inspection, the official file
26 and information identifying the victim or
alleged victim of any sex offense
27 shall be disclosed only to the following
parties:
28 (1) A judge of
the district court and members of the staff of the court
29 designated by the judge;
30 (2) parties to
the proceedings and their attorneys;
31 (3) any
individual, or any public or private agency or institution,
hav-
32 ing custody of the juvenile under court
order or providing educational,
33 medical or mental health services to the
juvenile or a court-approved
34 advocate for the juvenile or any placement
provider or potential place-
35 ment provider as determined by the
commissioner or court services
36 officer;
37 (4) law
enforcement officers or county or district attorneys or their
38 staff when necessary for the discharge of
their official duties;
39 (5) the Kansas
racing commission, upon written request of the com-
40 mission chairperson, for the purpose
provided by K.S.A. 74-8804, and
41 amendments thereto;
42 (6) the juvenile
intake and assessment workers;
43 (7) the
commissioner of juvenile justice; and
10
1 (8) any
other person when authorized by a court order, subject to any
2 conditions imposed by the order.
3
(c) Social file. Reports and information received by
the court other
4 than the official file shall be
privileged and open to inspection only by
5 attorneys for the parties, juvenile
intake and assessment workers or upon
6 order of a judge of the district
court or an appellate court. The reports
7 shall not be further disclosed by the
attorney without approval of the
8 court or by being presented as
admissible evidence.
9
(d) Preservation of records. The Kansas state
historical society de-
10 partment of history and preservation
shall be allowed to take possession
11 for preservation in the state archives of
any court records related to pro-
12 ceedings under the Kansas juvenile justice
code whenever such records
13 otherwise would be destroyed. The Kansas
state historical society de-
14 partment of history and preservation
shall make available for public in-
15 spection any unexpunged docket entry or
official file in its custody con-
16 cerning any juvenile 16 or more years of
age at the time an offense is
17 alleged to have been committed by the
juvenile. No other such records
18 in the custody of the Kansas state
historical society department of history
19 and preservation shall be disclosed
directly or indirectly to anyone for 80
20 years after creation of the records, except
as provided in subsections (b)
21 and (c). Pursuant to subsections (b)(7) and
(c), a judge of the district
22 court may allow inspection for research
purposes of any court records in
23 the custody of the Kansas state
historical society department of history
24 and preservation related to
proceedings under the Kansas juvenile justice
25 code.
26 (e) Relevant
information, reports and records shall be made available
27 to the department of corrections upon
request and a showing that the
28 former juvenile has been convicted of a
crime and placed in the custody
29 of the secretary of the department
of corrections.
30 Sec.
15. K.S.A. 1999 Supp. 41-719 is hereby amended to read as
31 follows: 41-719. (a) No person shall drink
or consume alcoholic liquor on
32 the public streets, alleys, roads or
highways or inside vehicles while on
33 the public streets, alleys, roads or
highways.
34 (b) No person
shall drink or consume alcoholic liquor on private
35 property except:
36 (1) On premises
where the sale of liquor by the individual drink is
37 authorized by the club and drinking
establishment act;
38 (2) upon private
property by a person occupying such property as an
39 owner or lessee of an owner and by the
guests of such person, if no charge
40 is made for the serving or mixing of any
drink or drinks of alcoholic liquor
41 or for any substance mixed with any
alcoholic liquor and if no sale of
42 alcoholic liquor in violation of K.S.A.
41-803, and amendments thereto,
43 takes place;
11
1 (3) in a
lodging room of any hotel, motel or boarding house by the
2 person occupying such room and by the
guests of such person, if no
3 charge is made for the serving or
mixing of any drink or drinks of alcoholic
4 liquor or for any substance mixed
with any alcoholic liquor and if no sale
5 of alcoholic liquor in violation of
K.S.A. 41-803, and amendments thereto,
6 takes place;
7 (4) in a
private dining room of a hotel, motel or restaurant, if the
8 dining room is rented or made
available on a special occasion to an in-
9 dividual or organization for a
private party and if no sale of alcoholic liquor
10 in violation of K.S.A. 41-803, and
amendments thereto, takes place; or
11 (5) on the
premises of a microbrewery or farm winery, if authorized
12 by K.S.A. 41-308a or 41-308b, and
amendments thereto.
13 (c) No person
shall drink or consume alcoholic liquor on public prop-
14 erty except:
15 (1) On real
property leased by a city to others under the provisions
16 of K.S.A. 12-1740 through 12-1749, and
amendments thereto, if such real
17 property is actually being used for hotel
or motel purposes or purposes
18 incidental thereto.
19 (2) In any
state-owned or operated building or structure, and on the
20 surrounding premises, which is furnished to
and occupied by any state
21 officer or employee as a residence.
22 (3) On premises
licensed as a club or drinking establishment and
23 located on property owned or operated by an
airport authority created
24 pursuant to chapter 27 of the Kansas
Statutes Annotated or established
25 by a city having a population of more than
200,000.
26 (4) On the state
fair grounds on the day of any race held thereon
27 pursuant to the Kansas parimutuel racing
act.
28 (5) On the state
fairgrounds, if such liquor is domestic wine or wine
29 imported under subsection (e) of K.S.A.
41-308a, and amendments
30 thereto, and is consumed only for purposes
of judging competitions.
31 (6) In the state
historical museum provided for by K.S.A. 76-2036,
32 and amendments thereto, on the surrounding
premises and in any other
33 building on such premises, as authorized by
rules and regulations of the
34 state historical society
Kansas department of history and preservation.
35 (7) On the
premises of any state-owned historic site under the juris-
36 diction and supervision of the
state historical society Kansas
department
37 of history and preservation, on the
surrounding premises and in any other
38 building on such premises, as authorized by
rules and regulations of the
39 state historical society
Kansas department of history and preservation.
40 (8) In a lake
resort within the meaning of K.S.A. 32-867, and amend-
41 ments thereto, on state-owned or leased
property.
42 (9) In the Hiram
Price Dillon house or on its surrounding premises,
43 subject to limitations established in
policies adopted by the legislative
12
1 coordinating council, as provided by
K.S.A. 75-3682, and amendments
2 thereto.
3 (10) On the
premises of the Kansas national guard regional training
4 center located in Saline county, and
any building on such premises, as
5 authorized by rules and regulations
of the adjutant general and upon
6 approval of the Kansas military
board.
7 (11) On
property exempted from this subsection (c) pursuant to sub-
8 section (d), (e), (f), (g) or
(h).
9 (d) Any
city may exempt, by ordinance, from the provisions of sub-
10 section (c) specified property the title of
which is vested in such city.
11 (e) The board of
county commissioners of any county may exempt,
12 by resolution, from the provisions of
subsection (c) specified property the
13 title of which is vested in such
county.
14 (f) The state
board of regents may exempt from the provisions of
15 subsection (c) the Sternburg museum on
the campus of Fort Hays state
16 university, or other specified
property which is under the control of such
17 board and which is not used for classroom
instruction, where alcoholic
18 liquor may be consumed in accordance with
policies adopted by such
19 board.
20 (g) The board of
regents of Washburn university may exempt from
21 the provisions of subsection (c) the
Mulvane art center and the Bradbury
22 Thompson alumni center on the campus of
Washburn university, and
23 other specified property the title of which
is vested in such board and
24 which is not used for classroom
instruction, where alcoholic liquor may
25 be consumed in accordance with policies
adopted by such board.
26 (h) Any city may
exempt, by ordinance, from the provisions of sub-
27 section (c) any national guard armory in
which such city has a leasehold
28 interest, if the Kansas military board
consents to the exemption.
29 (i) Violation of
any provision of this section is a misdemeanor punish-
30 able by a fine of not less than $50 or more
than $200 or by imprisonment
31 for not more than six months, or both.
32 Sec.
16. K.S.A. 45-106 is hereby amended to read as follows:
45-106.
33 The secretary of state shall dispose of the
laws passed at each session of
34 the legislature, immediately after their
publication, as follows:
35 First. Deposit
in the state library such numbers of copies as are needed
36 for use in the state library, for the
purposes of the publication collection
37 and depository system established under
K.S.A. 75-2566 and amend-
38 ments thereto, and for the purpose of
making exchanges with the libraries
39 of the several states and territories.
40 Second.
Distribute (a) one copy to the governor, lieutenant governor,
41 each member of the state legislature,
attorney general, secretary of state,
42 and state historical
society library of the Kansas department of history
and
43 preservation; (b) to each organized
city of the first, second and third
13
1 classes in this state requesting the
same; (c) one copy each to the clerk
2 of the United States court of appeals
for the 10th circuit, to the clerk of
3 the United States district court for
Kansas and to the United States mar-
4 shal for the district of Kansas, upon
request therefor; (d) to the law de-
5 partment of the university of Kansas,
not more than 10 copies and to the
6 Washburn university school of law,
not more than 10 copies, upon request
7 therefor; (e) to the director of
legislative administrative services such
8 number of copies as such director
shall request for use by the legislature;
9 (f) to the office of revisor of
statutes such number of copies as the revisor
10 of statutes shall request for use in such
office; (g) to the legislative re-
11 search department such number of copies as
the director of legislative
12 research shall request for use in such
office; (h) to the division of post
13 audit such number of copies as the post
auditor shall request for use in
14 such office; (i) to the several offices of
the judicial branch of state gov-
15 ernment such number of copies as the chief
justice of the supreme court
16 shall request for use in such offices; and
(j) to the supreme court law
17 library such number of copies as the state
law librarian shall request for
18 use in the law library and for the purpose
of maintaining exchanges for
19 books, documents and publications of a
legal nature for use in the law
20 library.
21 Third. To the
clerk of the board of county commissioners of each
22 county, upon request therefor, a sufficient
number of copies of the laws
23 to be distributed by such clerk to each of
the following officers in such
24 county, allowing one for each: The district
attorney or county attorney,
25 register of deeds, county clerk, county
treasurer, sheriff, and the board
26 of county commissioners.
27 Fourth. Copies
of the laws passed at each session of the legislature shall
28 be deposited with the state librarian and
such librarian is hereby author-
29 ized to furnish one copy to each high
school, college, university, and
30 public library in the state of Kansas, upon
written application of its man-
31 aging officer to the state librarian.
32 Sec.
17. K.S.A. 45-116 is hereby amended to read as follows:
45-116.
33 (a) At the conclusion of each legislative
session, the secretary of the senate
34 and the chief clerk of the house of
representatives shall prepare perma-
35 nent journals of the senate and house of
representatives to be entitled
36 "Senate and House Journals of the State of
Kansas for
,"
37 and the blank shall be filled with the year
and words indicating whether
38 the sessions journalized are regular or
special, or both. In preparation of
39 such journals, the secretary of the senate
and chief clerk of the house
40 shall work under the supervision of the
legislative coordinating council.
41 Such journals shall include the matters
contained in the daily journals of
42 the two houses and such additional
materials and information as may be
43 directed by the legislative coordinating
council. Such journals shall be
14
1 published in one or more volumes as
determined by such council. Such
2 journals shall be printed in
clothbound copies by the director of printing
3 from copy prepared by the secretary
of the senate and chief clerk of the
4 house of representatives.
5 (b) Upon
the advice of the secretary of the senate and the chief clerk
6 of the house of representatives, the
secretary of state shall specify the
7 number of copies of such journals
which shall be printed and clothbound,
8 which shall not be more than 750
copies and, in addition thereto, such
9 number of copies as are needed for
the purposes of the publication col-
10 lection and depository system established
under K.S.A. 75-2566 and
11 amendments thereto, for disposition by the
secretary of state, as follows:
12 (1) One copy to
the governor, the lieutenant governor, the secretary
13 of state, the attorney general, the
state historical society library of the
14 Kansas department of history and
preservation, and each member of the
15 legislature;
16 (2) two copies to
the board of county commissioners of each county,
17 upon request therefor;
18 (3) to the
several offices of the judicial branch of state government,
19 the number of copies necessary to conduct
the official business of such
20 offices, as requested by the chief justice
of the supreme court;
21 (4) to the office
of attorney general, the state library, the office of the
22 revisor of statutes, the division of post
audit and the legislative research
23 department, the number of copies necessary
to conduct the official busi-
24 ness of such offices, as requested by the
chief administrative officers
25 thereof;
26 (5) the number of
copies necessary for use by the legislature, as re-
27 quested by the director of legislative
administrative services;
28 (6) the remainder
of such copies shall be kept by the secretary of
29 state for sale at the per volume price for
such copies fixed by the legislative
30 coordinating council under this section,
until the inventory of the volume
31 is reduced to 50 copies.
32 (c) When the
inventory of any volume is 50 copies or less, the sec-
33 retary of state, with the approval of the
revisor of statutes, may dispose
34 of copies from such inventory by
distribution without charge.
35 (d) The
legislative coordinating council shall fix the per volume price
36 for clothbound copies of the permanent
journals of the senate and house
37 of representatives, sold under this
section, to recover the costs of printing
38 and binding such volumes. The legislative
coordinating council shall re-
39 vise such prices from time to time as
necessary for the purposes of cov-
40 ering and recovering such costs.
41 (e) The secretary
of state shall remit all moneys received under this
42 section to the state treasurer at least
monthly and the state treasurer shall
43 deposit the entire amount of each such
remittance in the state treasury
15
1 to the credit of the state general
fund.
2 Sec.
18. K.S.A. 45-404 is hereby amended to read as follows:
45-404.
3 The state records board shall:
4 (a) Approve
or modify retention and disposition schedules and re-
5 cords manuals prepared pursuant to
subsections (c) and (d) of K.S.A. 45-
6 406 and amendments thereto. Once
approved by the board the retention
7 and disposition schedules for state
agencies shall be filed with the sec-
8 retary of state. Without further
action by the board, noncurrent records
9 of state agencies scheduled for
disposition may be disposed of as provided
10 in the schedules and noncurrent records
scheduled for retention may be
11 transferred to the state archives, subject
to approval by the state archivist
12 and in accordance with procedures to be
established by the state archivist.
13 (b) Pass upon any
proposed revisions in the retention and disposition
14 schedules and upon requests for authority
to dispose of records of state
15 agencies or counties not listed in the
schedules. No records of state agen-
16 cies or counties shall be disposed of
before the retention periods desig-
17 nated in the schedules have elapsed without
the approval of the board.
18 No state agency or county shall be required
to destroy records which it
19 chooses to retain, even though the
retention and disposition schedules
20 authorize their destruction. The retention
and disposition schedules for
21 all local agencies except counties shall be
recommendations and shall not
22 alter or replace current statutes
authorizing or restricting the disposition
23 of government records by local
agencies.
24 (c) Any board of
county commissioners may order disposition of any
25 noncurrent county government records after
minimum retention periods
26 set forth in the schedules prepared
pursuant to subsection (d) of K.S.A.
27 45-406 and amendments thereto. Any board of
county commissioners
28 may petition the state records board for
amendments to the schedules,
29 for authority to depart from specific
provisions of the schedules or for
30 authority to implement schedules applicable
to only a single county.
31 (d) With the
approval of the state archivist, the board of county com-
32 missioners of any county may transfer any
noncurrent county government
33 records to the custody of the state
historical society Kansas department
34 of history and preservation. The
board of county commissioners of any
35 county may transfer any noncurrent county
government records which
36 have been determined by the state archivist
to be records, which are not
37 required by law to be confidential or
restricted, to the custody of a county
38 historical society, a genealogical society,
a public library, a college or uni-
39 versity library or another local or
regional repository in Kansas, deter-
40 mined by the state archivist to be
suitable, which will accept such records,
41 except that under authority of this
subsection no records relating to the
42 mental or physical health of any person
shall be so transferred.
43 (e) Pass upon
recommendations by the state archivist for transfer to
16
1 the state archives of any noncurrent
government records with enduring
2 value which are held by a state
agency opposing such a transfer. When
3 the state archivist makes such a
recommendation, the state agency op-
4 posing the transfer shall defend
before the board its reasons for wanting
5 to retain the records in its custody,
and the board shall determine whether
6 the transfer shall occur.
7 (f) Approve
or modify recommended microphotographic standards
8 prepared by the state archivist and
pass upon requests for authority to
9 dispose of original government
records of state agencies following repro-
10 duction on film, as provided in K.S.A.
45-412 and amendments thereto.
11 Sec.
19. K.S.A. 45-405 is hereby amended to read as follows:
45-405.
12 (a) The state historical
society Kansas department of history and
preser-
13 vation shall serve as the official
state archives and shall assist state and
14 local agencies in the preservation of
government records with enduring
15 value.
16 (b) Any state or
local agency may transfer to the state archives any
17 noncurrent government records accepted by
the state archivist and all
18 state agencies shall transfer to the state
archives any noncurrent govern-
19 ment records when directed to do so by the
state records board. With
20 the approval of the state archivist,
noncurrent legislative and judicial re-
21 cords also may be deposited in the state
archives for preservation.
22 (c) The secretary
of state shall not be prevented by any statute from
23 depositing in the state archives any
noncurrent government records ac-
24 cepted by the state archivist.
25 (d) The
provisions of this act shall not prohibit discarding or other-
26 wise disposing of extraneous, worthless or
duplicate material found in
27 government records when processed by the
state archives staff. Any re-
28 cords placed in the state archives may be
disposed of in any manner
29 approved by the board and the state
archivist upon a determination that
30 such records no longer have enduring
value.
31 Sec.
20. K.S.A. 45-406 is hereby amended to read as follows:
45-406.
32 Under the supervision of the
secretary of the state historical society
di-
33 rector of history and preservation,
the state archivist shall:
34 (a) Seek,
negotiate for, acquire and receive noncurrent government
35 records with enduring value from agencies
and branches of state govern-
36 ment and from local agencies.
37 (b) Properly
arrange, store, preserve and make accessible to the pub-
38 lic the records in the state archives, in
accordance with appropriate ar-
39 chival procedures and in accordance with
the provisions of K.S.A. 45-407
40 and amendments thereto. Provide advice and
assistance to state and local
41 agencies and to branches of state
government with regard to proper ar-
42 rangement, storage, preservation and
accessibility of the government re-
43 cords with enduring value remaining in
their custody.
17
1 (c) Advise
and assist state agencies in the preparation of retention
2 and disposition schedules for
government records.
3
(d) Prepare, publish and distribute to the appropriate public
officers
4 and to other interested persons
records manuals containing retention and
5 disposition schedules for government
records of local agencies. Recom-
6 mendations for proper arrangement,
storage and preservation of records
7 with enduring value and an analysis
of state and federal legislation rele-
8 vant to government records in Kansas
also shall be included in these
9 records manuals. Appropriate public
officers of the state and its govern-
10 mental subdivisions shall be consulted
during the preparation of the re-
11 cords manuals.
12 (e) Review the
contents of the records manuals annually and distrib-
13 ute any revisions which are made to the
appropriate public officers. The
14 contents of the records manuals and
subsequent revisions shall be ap-
15 proved by the state records board.
16 (f) Assist in
preparing and making available to the public compre-
17 hensive inventories containing general
information about the nature,
18 scope, contents and location of government
records of the agencies and
19 branches of state government and of local
agencies in Kansas.
20 (g) Prepare or
permit the preparation of copies of government re-
21 cords deposited in the state archives, as
required by current statutes,
22 unless public access to the records is
restricted as provided in K.S.A. 45-
23 407 and amendments thereto. When certified
by the state archivist such
24 copies shall have all the force and effect
as if made by the officer originally
25 in custody of them. Reasonable fees may be
charged for preparation of
26 such copies. The state archivist shall not
allow copies to be made by
27 methods which might damage the original
records.
28 (h) Exercise such
other duties and functions as the secretary of
the
29 state historical society
director of history and preservation may direct or
30 as may be provided by law.
31 Sec.
21. K.S.A. 1999 Supp. 45-412 is hereby amended to read as
32 follows: 45-412. (a) The state archivist
shall prepare recommendations, to
33 be approved by the state records board,
based on the current standards
34 of the federal government and the American
national standards institute,
35 for the quality of film or optical disc,
proper arrangement of materials,
36 suitable filming or other image
reproduction techniques and equipment,
37 quality of photographic or optical disc
images, film processing results, and
38 film or optical disc storage conditions
which should be achieved or utilized
39 by state and local agencies in making
microphotographic or optical disc
40 copies of government records with enduring
value pursuant to K.S.A. 12-
41 122, 19-250 or 75-3506, and amendments
thereto, and for information
42 recorded and stored using an image
recognition and information storage
43 system. Whenever microphotographic or
optical disc copies of records
18
1 with enduring value fail to meet the
standards recommended by the state
2 archivist and approved by the state
records board, the state archivist shall
3 urge state and local agencies to
retain the original records.
4
(b) Whenever photographs, microphotographs or other
reproduc-
5 tions on film or optical disc have
been prepared pursuant to K.S.A. 75-
6 3506, and amendments thereto, and
have been placed in conveniently
7 accessible files and provisions made
for preserving, examining and using
8 the same, and when a negative copy of
the film or a master copy of the
9 optical disc has been deposited in a
secure place where it will not be
10 subject to use except in making additional
positive copies, any state
11 agency, with the approval of the state
records board or as authorized by
12 the retention and disposition schedules,
may cause the original records
13 from which the photographs,
microphotographs or other reproductions
14 on film or optical disc have been made, or
any part thereof, to be de-
15 stroyed. Such records shall not be
destroyed and shall be retained by the
16 agency or transferred to the state archives
or temporarily to another suit-
17 able place designated by the board, if the
board judges such materials to
18 have enduring value in their original
form.
19 (c) Except as
provided by subsection (b) of K.S.A. 12-120, and
20 amendments thereto, whenever photographs,
microphotographs or other
21 reproductions on film have been prepared as
provided in K.S.A. 12-122
22 or 19-250, and amendments thereto, and have
been placed in conven-
23 iently accessible files and provisions made
for preserving, examining and
24 using the same, and when a negative copy of
the film has been deposited
25 in a secure place where it will not be
subject to use except in making
26 additional positive copies, a local agency
may retain the original records
27 in its custody at any suitable location,
may deposit them in collections
28 established pursuant to K.S.A. 12-1658 and
12-1660, and amendments
29 thereto, or K.S.A. 19-2648 and 19-2649, and
amendments thereto, or may
30 dispose of the original records as provided
in the retention and disposition
31 schedules. If there are no relevant
provisions in the retention and dis-
32 position schedules, the original records
shall be offered to the state his-
33 torical society Kansas
department of history and preservation prior to
34 other disposition of them.
35 (d) The
state historical society Kansas department of
history and
36 preservation may prepare and deposit
in the state archives a microfilm
37 or other copy of any noncurrent government
record which is retained by
38 a state or local agency, unless public
access to the record is restricted by
39 statute or by administrative regulation
authorized by statute.
40 Sec.
22. K.S.A. 58-2009 is hereby amended to read as follows:
58-
41 2009. (a) The secretary of the
state historical society director of history
42 and preservation shall: (1) Adopt
rules and regulations fixing fees for the
43 filing of documents under K.S.A. 58-2011,
and amendments thereto, and
19
1 the providing of information and
services therefrom in an amount nec-
2 essary to pay the cost of
administering the provisions of this act; and
3 (2) adopt
such other rules and regulations as necessary to implement
4 the provisions of this act.
5 (b) The
rules and regulations of the secretary of state relating to
land
6 surveys, land survey reference
reports and filing fees for such reference
7 reports in existence on the effective
date of this act shall continue to be
8 effective and shall be deemed to be
the rules and regulations of the sec-
9 retary of the state
historical society director of history and
preservation
10 until revised, amended, repealed or
nullified pursuant to law.
11 Sec.
23. K.S.A. 58-2010 is hereby amended to read as follows:
58-
12 2010. Any city, county or state department,
board or agency having in-
13 formation or records which will enable the
secretary of the state historical
14 society director of
history and preservation to carry out the provisions of
15 this act shall furnish, upon request, such
information to the secretary of
16 the state historical
society director of history and preservation. The
cost
17 of providing such information shall be paid
by the secretary of the state
18 historical society
director of history and preservation.
19 Sec.
24. K.S.A. 1999 Supp. 58-2011 is hereby amended to read as
20 follows: 58-2011. (a) Whenever a survey
originates from a United States
21 public land survey corner or any related
accessory, the land surveyor shall
22 file a copy of the report of the completed
survey and references to the
23 corner or accessory with the
secretary of the state historical society
di-
24 rector of history and preservation
and with the county surveyor for the
25 county or counties in which the survey
corner exists. If there is no county
26 surveyor of such county, such report shall
be filed with the county engi-
27 neer. If there is no county engineer, such
report shall be filed in the office
28 of the county road department. Reports
filed with the secretary of the
29 state historical society
director of history and preservation may be filed
30 and retrieved using electronic technologies
if authorized by the secretary
31 director. Such report shall be filed
within 30 days of the date the refer-
32 ences are made. At the time of filing such
report with the secretary of
33 the state historical
society director of history and preservation, the
land
34 surveyor shall pay a filing fee in an
amount fixed by rules and regulations
35 of the secretary of the state
historical society director of history and
pres-
36 ervation. Fees charged for filing
and retrieval of such reports may be
37 billed and paid periodically.
38 (b) Any person
engaged in an activity in which a United States public
39 land survey corner or any related accessory
is likely to be altered, re-
40 moved, damaged or destroyed shall have a
person qualified to practice
41 land surveying establish such reference
points as necessary for the res-
42 toration, reestablishment or replacement of
the corner or accessory. The
43 land surveyor shall file a reference report
with the secretary of the state
20
1 historical society
director of history and preservation and with the county
2 surveyor for the county or counties
in which the survey corner exists.
3 Such report shall be filed within 30
days of the date the references are
4 made. At the time of filing such
report with the secretary of the state
5 historical society
director of history and preservation, the land surveyor
6 shall pay a filing fee in an amount
fixed by rules and regulations of the
7 secretary of the state
historical society director of history and
8 preservation.
9 (c) Upon
completion of the activity likely to alter, remove, damage
10 or destroy the public land survey corner or
related accessory, the land
11 surveyor shall review the survey corner and
its accessories. If the survey
12 corner or any accessory has been altered,
removed, damaged or de-
13 stroyed, the land surveyor shall replace
the corner or accessory with a
14 survey monument and file a restoration
report with the secretary of the
15 state historical society
director of history and preservation and the county
16 surveyor in the county or counties in which
it existed. If the survey corner
17 and accessories are not damaged during the
activity, a restoration report
18 so stating shall be filed with the
secretary of the state historical society
19 director of history and preservation
and county surveyor's office. Such
20 report shall be filed within 30 days after
the activity is completed. At the
21 time of filing such report with the office
of the secretary of the state
22 historical society
director of history and preservation the land surveyor
23 shall pay a filing fee in an amount fixed
by rules and regulations of the
24 secretary of the state historical
society director of history and
25 preservation.
26 (d) Failure to
comply with the filing requirements of this section shall
27 be grounds for the suspension or revocation
of the land surveyor's license.
28 (e) The
secretary of the state historical society
director of history and
29 preservation may produce, reproduce
and sell maps, plats, reports, stud-
30 ies and records relating to land surveys.
The secretary of the state histor-
31 ical society director
of history and preservation shall charge a fee in an
32 amount to be fixed by rules and regulations
of the secretary director for
33 the furnishing of information retrieved
from records filed pursuant to this
34 section and for reproductions or copies of
maps, plats, reports, studies
35 and records filed in such office.
36 (f) All moneys
collected by the secretary of the state historical
society
37 under the provisions of this section shall
be paid to the state treasurer on
38 or before the last day of each month. Upon
receipt thereof the state
39 treasurer shall deposit the entire amount
in the state treasury. Twenty
40 percent of each such deposit shall be
credited to the state general fund
41 and the balance shall be credited to the
land survey fee fund, which is
42 hereby created. All expenditures from such
fund shall be made in ac-
43 cordance with appropriation acts upon
warrants approved by the secretary
21
1 of the state historical
society or a person designated by the secretary of
2 the state historical
society director of history and preservation or
the
3 director's designee and shall
be used only for the purpose of paying the
4 costs incurred in administering the
provisions of this act. After the effec-
5 tive date of this act, any
reference to the secretary of state in regard to
6 appropriations to the land
survey fee fund shall be deemed to refer to
7 the secretary of the state
historical society.
8 (g) The
failure of any person to have a land surveyor establish ref-
9 erence points as required by
subsection (b) shall be a class C
10 misdemeanor.
11 Sec.
25. K.S.A. 58-4012 is hereby amended to read as follows:
58-
12 4012. (a) The state historical
society and its institutions and libraries Kan-
13 sas department of history and
preservation may acquire, at its option,
14 acquire title to property
pursuant to the provisions of this act or pursuant
15 to the provisions of K.S.A. 33-104 and
amendments thereto for the de-
16 partment and for the institutions and
libraries of the department.
17 (b) Museums,
other than the state historical society Kansas
depart-
18 ment of history and preservation and
its institutions and libraries, may
19 acquire title to loaned property only as
provided by this act.
20 Sec.
26. K.S.A. 64-106 is hereby amended to read as follows:
64-106.
21 Whenever the official records of any county
in this state are lost, stolen,
22 or destroyed, it shall be lawful for any
board of county commissioners of
23 such county to order the secretary
of the state historical society director
24 of history and preservation to
transcribe from the newspapers, records,
25 documents and other files of the
state historical society Kansas depart-
26 ment of history and preservation any
publication notice authorized or
27 which may have been authorized to be
published and which was pub-
28 lished in any newspaper or any other
publication in the state which may
29 be on file in at
the office of the state historical society
Kansas department
30 of history and preservation. Such
transcript shall be made and certified
31 by the secretary of the state
historical society director of history and
32 preservation, under the seal of
such society the department, and shall
be
33 admissible in evidence in or before any
court, board, or other body in the
34 state of Kansas, to the same extent and
with like effect as the original
35 would or might be if offered in
evidence.
36 Sec.
27. K.S.A. 1999 Supp. 73-209 is hereby amended to read as
37 follows: 73-209. (a) On submission to the
adjutant general of an original
38 discharge or other official record of
military service of any soldier, sailor
39 or marine of the United States, or of a
copy of such discharge or official
40 record of military service certified to by
a city, county or state official as
41 being a true copy of original document, the
adjutant general shall place
42 such record on file in the adjutant
general's office. If original documents
43 are submitted, the adjutant general shall
cause true copies of such original
22
1 documents to be made and shall file
the copies in the adjutant general's
2 office and the originals shall be
returned to the person who submitted
3 them.
4 (b) Upon
request of a soldier, sailor or marine whose records of mil-
5 itary service have been filed in the
adjutant general's office, the adjutant
6 general shall cause to be furnished a
certificate of military service in ac-
7 cordance with such records. The
adjutant general shall not charge any
8 fee for the certificate if the
certificate is requested by a person who ex-
9 hibits correspondence from the United
States veterans administration or
10 the Kansas commission on veterans' affairs
which indicates that the per-
11 son is applying for benefits from the
United States veterans administration
12 and that such person needs the certificate
to obtain such benefits.
13 (c) The adjutant
general shall transfer to the state archives of the
14 Kansas state historical
society department of history and preservation
for
15 permanent retention any records of military
service on file in the adjutant
16 general's office, in accordance with the
records retention and disposition
17 schedule for such records approved by the
state records board.
18 Sec.
28. K.S.A. 74-5402 is hereby amended to read as follows:
74-
19 5402. There is hereby established a Kansas
antiquities commission, to be
20 composed of the following persons or their
designated representatives:
21 The secretary of the state
historical society director of history and
pres-
22 ervation, who shall be the
chairman thereof chairperson of the
commis-
23 sion; the heads of the departments
of anthropology of the university of
24 Kansas, Kansas state university and Wichita
state university; and the state
25 archeologist on the staff of the
state historical society Kansas
department
26 of history and preservation, who
shall be the secretary of the commission.
27 Members of the Kansas antiquities
commission attending meetings of
28 such commission, or attending a
subcommittee meeting thereof author-
29 ized by such commission, shall be paid
subsistence allowances, mileage
30 and other expenses as provided in K.S.A.
75-3223.
31 Sec.
29. K.S.A. 74-5406 is hereby amended to read as follows:
74-
32 5406. Artifacts and other materials
recovered from such scientific inves-
33 tigations, if and when they are not needed
or are no longer desired for
34 retention by the original investigating
agency, shall be submitted to the
35 state historical society
Kansas department of history and preservation for
36 preservation if the
society director of history and
preservation so desires.
37 Sec.
30. K.S.A. 74-5408 is hereby amended to read as follows:
74-
38 5408. Any person, institution or
corporation violating any provision of this
39 act shall be guilty of a misdemeanor and
upon conviction shall be pun-
40 ished by a fine not exceeding five
hundred dollars ($500) $500 or im-
41 prisonment not to exceed six
(6) months, or both. All material collected
42 from the site by a convicted offender shall
be delivered to the Kansas
43 state historical society
department of history and preservation.
23
1 Sec.
31. K.S.A. 74-6614 is hereby amended to read as follows:
74-
2 6614. There is hereby created the
natural and scientific areas advisory
3 board. The advisory board shall be
attached to the state biological survey
4 and shall be within the survey as a
part thereof. All budgeting, purchasing
5 and related management functions of
the advisory board shall be admin-
6 istered under the direction and
supervision of the state biological survey.
7 All vouchers for expenditures and all
payrolls of the advisory board shall
8 be approved by the state biological
survey. The board shall consist of 11
9 members designated by the following:
The state biologist; the secretary
10 of wildlife and parks; the state forester;
the state geologist; the director
11 of the state historical
society history and preservation; the director of
the
12 state water office; the chairperson of the
nongame wildlife advisory coun-
13 cil; the secretary of health and
environment; a member of the house of
14 representatives appointed by the speaker of
the house; a member of the
15 senate appointed by the president of the
senate; a representative of the
16 governor.
17 Whenever a vacancy on
the board shall occur by death, resignation or
18 otherwise of any member so appointed, the
responsible appointor shall
19 fill the same by appointment.
20 Sec.
32. K.S.A. 1999 Supp. 74-9001 is hereby amended to read as
21 follows: 74-9001. (a) There is hereby
established the council on travel and
22 tourism. The council shall consist of 17
voting members as follows: (1)
23 The chairperson of the standing committee
on transportation and tourism
24 of the senate, or a member of the senate
appointed by the president of
25 the senate; (2) the vice-chairperson of the
standing committee on trans-
26 portation and tourism of the senate, or a
member of the senate appointed
27 by the president of the senate; (3) the
ranking minority member of the
28 standing committee on transportation and
tourism of the senate, or a
29 member of the senate appointed by the
minority leader of the senate; (4)
30 the chairperson of the standing committee
on tourism of the house of
31 representatives, or a member of the house
of representatives appointed
32 by the speaker of the house of
representatives; (5) the vice-chairperson
33 of the standing committee on tourism of the
house of representatives, or
34 a member of the house of representatives
appointed by the speaker of
35 the house of representatives; (6) the
ranking minority member of the
36 standing committee on tourism, or a member
of the house of represen-
37 tatives appointed by the minority leader of
the house of representatives;
38 and (7) eleven members appointed by the
governor. Of the 11 members
39 appointed by the governor, one shall be
appointed from a list of three
40 nominations made by the travel industry
association of Kansas, one shall
41 be appointed from a list of three
nominations made by the Kansas lodging
42 association, one shall be appointed from a
list of three nominations made
43 by the Kansas restaurant association, one
shall be appointed from a list
24
1 of three nominations made by the
Kansas oil marketers and convenience
2 store association and seven shall be
appointed to represent the general
3 public. In addition to the voting
members of the council, four members
4 of the council shall serve ex
officio: The secretary of commerce, the sec-
5 retary of transportation, the
secretary of wildlife and parks and the sec-
6 retary of the state
historical society director of history and
preservation.
7 Each ex officio member of the council
may designate an officer or em-
8 ployee of the state agency of the ex
officio member to serve on the council
9 in place of the ex officio member.
The ex officio members of the council,
10 or their designees, shall be nonvoting
members of the council and shall
11 provide information and advice to the
council.
12 (b) Legislator
members shall be appointed for terms coinciding with
13 the terms for which such members are
elected, except that on July 1,
14 1997, the four legislator members serving
on the commission immediately
15 prior to such date shall cease to be
members of the council and the
16 legislator members specified in paragraphs
(1) and (2) of subsection (a)
17 shall serve on the council. Of the 11
members first appointed by the
18 governor, six shall be appointed for terms
of three years and five shall be
19 appointed for terms of two years as
determined by the governor. There-
20 after, all members appointed by the
governor shall be appointed for terms
21 of three years. All members appointed to
fill vacancies in the membership
22 of the council and all members appointed to
succeed members appointed
23 to membership on the council shall be
appointed in like manner as that
24 provided for the original appointment of
the member succeeded.
25 (c) As soon as
possible after the effective date of this act and on July
26 1, thereafter, the council shall elect a
chairperson and vice-chairperson
27 from among its members. The council shall
meet at least four times each
28 year at the call of the chairperson of the
council. Nine voting members
29 of the council shall constitute a
quorum.
30 (d) Members of
the council attending meetings of such council, or
31 attending a subcommittee meeting thereof
authorized by such council,
32 shall be paid amounts for mileage as
provided in subsection (c) of K.S.A.
33 75-3223 and amendments thereto, or a lesser
amount as determined by
34 the secretary of commerce. Amounts paid
under this subsection (d) to ex
35 officio members of the council, or their
designees, shall be from appro-
36 priations to the state agencies of which
such members are officers or
37 employees upon warrants of the director of
accounts and reports issued
38 pursuant to vouchers approved by the chief
administrative officers of such
39 agencies. Amounts paid under this
subsection (d) to voting members of
40 the council shall be from moneys available
for the payment of such
41 amounts upon warrants of the director of
accounts and reports issued
42 pursuant to vouchers approved by the
chairperson of the council.
43 Sec.
33. K.S.A. 1999 Supp. 74-9201 is hereby amended to read as
25
1 follows: 74-9201. (a) There is hereby
established the Kansas film services
2 commission. The commission shall
consist of 19 voting members as fol-
3 lows: (1) One member of the senate
appointed by the president of the
4 senate; (2) one member of the senate
appointed by the minority leader
5 of the senate; (3) one member of the
house of representatives appointed
6 by the speaker of the house of
representatives; (4) one member of the
7 house of representatives appointed by
the minority leader of the house
8 of representatives; and (5) fifteen
members appointed by the governor.
9 One of the members appointed by the
governor shall be appointed from
10 each tourism region recognized and
designated as a tourism region by
11 the secretary of commerce and housing. All
members appointed by the
12 governor shall be appointed for terms of
three years, except that of the
13 members first appointed, five shall be
appointed for one-year terms, five
14 shall be appointed for two-year terms and
five shall be appointed for
15 three-year terms. The governor shall
designate the term for which each
16 of the members first appointed shall serve.
In addition to the voting mem-
17 bers of the commission, six members of the
commission shall serve ex
18 officio: The secretary of commerce and
housing, the secretary of trans-
19 portation, the secretary of wildlife and
parks, the secretary of health and
20 environment, the executive director of the
Kansas arts commission and
21 the secretary of the state
historical society director of history and
pres-
22 ervation. Each ex officio member of
the commission may designate an
23 officer or employee of the state agency of
the ex officio member to serve
24 on the commission in place of the ex
officio member. The ex officio
25 members of the commission, or their
designees, shall be nonvoting mem-
26 bers of the commission and shall provide
information and advice to the
27 commission. In addition to the voting and
ex officio members of the com-
28 mission, the governor may appoint such
number of representatives of the
29 film industry to nonvoting membership on
the commission as may be
30 recommended by the secretary of commerce
and housing.
31 (b) Legislative
members shall be appointed for terms coinciding with
32 the terms for which such members are
elected. All legislative members
33 and members appointed by the governor shall
serve without compensa-
34 tion. All members appointed to fill
vacancies in the membership of the
35 commission and all members appointed to
succeed members appointed
36 to membership on the commission shall be
appointed in like manner as
37 that provided for the original appointment
of the member succeeded. All
38 members appointed to fill vacancies of a
member of the commission ap-
39 pointed by the governor shall be appointed
to fill the unexpired term of
40 such member.
41 (c) The members
of the commission shall elect annually a chairperson
42 and vice-chairperson for the commission
from among its members. The
43 commission shall meet at least four times
each year at the call of the
26
1 chairperson of the commission. Ten
voting members of the commission
2 shall constitute a quorum.
3 Sec.
34. K.S.A. 75-104 is hereby amended to read as follows:
75-104.
4 (a) The governor shall keep and
maintain a full and complete record of
5 the following applications or
petitions made to the governor:
6
(1) Applications or petitions for executive pardon,
commutation of
7 sentence or clemency;
8
(2) applications or petitions for the appointment of a named
individ-
9 ual to public office when a vacancy
occurs and when the governor is
10 restricted to the appointment of nominees
so submitted;
11 (3) applications
or petitions for the appointment of a person from a
12 list of persons submitted by an
association, agency or committee where
13 the governor is limited to make an
appointment only from that list;
14 (4) applications
for the approval of grants where the governor's ap-
15 proval is a condition precedent to the
making of such grants either by a
16 state agency or by the federal
government;
17 (5) applications
or petitions for declarations of emergency;
18 (6) petitions for
the calling of a special session of the legislature pur-
19 suant to section 5 of article 1 of the
constitution of the state of Kansas;
20 and
21 (7) applications
or petitions directed to the governor and requesting
22 that the governor take action in accordance
with subsection (c) of K.S.A.
23 75-3711 and amendments thereto and exercise
a function otherwise spec-
24 ified by statute for the state finance
council.
25 (b) The record
required to be kept under subsection (a) and all re-
26 cords of the financial affairs and
transactions regarding the receipt and
27 expenditure of state moneys shall remain on
file in the office of each
28 governor during the governor's term of
office and for a period of three
29 years following the expiration of such
term.
30 (c) Following the
three-year period prescribed in subsection (b), all
31 records kept and maintained pursuant to
subsection (a) shall be trans-
32 ferred to the custody of the state
historical society Kansas department of
33 history and preservation and the
records of the financial affairs and trans-
34 actions kept and maintained pursuant to
subsection (b) shall be kept in
35 the office of the governor, subject to
disposal as may be authorized by
36 the state records board.
37 (d) Records,
correspondence and other papers of the governor which
38 are not required to be kept and maintained
under subsections (a) or (b)
39 shall not be subject to review or audit by
the legislative post auditor under
40 the legislative post audit act.
41 (e) Upon
completion of the term of office as governor, all records,
42 correspondence and other papers of the
former governor not required to
43 be kept and maintained under subsections
(a) or (b) which relate to the
27
1 former governor's public duties while
governor shall be transferred to the
2 custody of the state
historical society Kansas department of history
and
3 preservation. During the
lifetime of the former governor, no person shall
4 have access to any such records,
correspondence or other papers which
5 are not required to be disclosed
under K.S.A. 45-221 and amendments
6 thereto, except upon consent of the
former governor, and the former
7 governor shall be considered the
official custodian of such records, cor-
8 respondence and other papers which
are not required to be disclosed.
9 (f) Upon
the death of a governor while in office, all records, corre-
10 spondence and other papers of such deceased
governor not required to
11 be kept and maintained under subsections
(a) or (b) which relate to such
12 governor's duties while governor shall be
transferred to the custody of
13 the state historical
society Kansas department of history and
preservation.
14 (g) A person
elected or succeeding to the office of governor shall be
15 governed by the provisions of this section
as it existed at the time such
16 person was elected or succeeded to such
office.
17 Sec.
35. K.S.A. 75-1023 is hereby amended to read as follows:
75-
18 1023. Whenever the division of printing
prints any of the publications of
19 the state and of its societies and
institutions, there shall be printed extra
20 copies as necessary to deliver such number
of copies to the state historical
21 society Kansas
department of history and preservation as the secretary
of
22 the society director of
history and preservation requests but not exceed-
23 ing 10 copies, and 35 copies to the state
library, to be used by the state
24 historical society
Kansas department of history and preservation and the
25 state library in making exchanges with
other states, libraries, societies and
26 institutions for similar publications, and
two copies to each of the follow-
27 ing named libraries:
28 The library of the
university of Kansas, the library of Kansas state uni-
29 versity of agriculture and applied science,
the library of Wichita state
30 university, the libraries of Fort Hays
state university, Pittsburg state uni-
31 versity and Emporia state university. In
case any publication is issued in
32 both bound and unbound form, bound copies
shall be supplied. This
33 section shall not apply to the reports of
the supreme court of the state of
34 Kansas, or to the statutes or session
laws.
35 The director of
printing shall notify the secretary of the state
historical
36 society director of
history and preservation of the printings of all
37 publications so that the secretary may
request copies of such publications.
38 Sec.
36. K.S.A. 75-2250 is hereby amended to read as follows:
75-
39 2250. (a) There shall be placed on the
grounds of the state capitol a
40 memorial to law enforcement officers who
have lost their lives in the line
41 of duty in the service of the state. Such
memorial shall be located north-
42 east of the state capitol at a site to be
selected by the director of archi-
43 tectural services. Such memorial shall be
constructed in accordance with
28
1 the design and architectural drawings
approved by the director of archi-
2 tectural services. The memorial shall
be of such a design that the names
3 of the officers to be honored, both
past and future, may be inscribed
4 thereon. The director of
architectural services shall annually cause the
5 name or names of any law enforcement
officer or officers who have lost
6 their lives in the line of duty in
the service of the state to be inscribed
7 upon the memorial.
8 (b) It
shall be the duty of the director of the Kansas bureau of
inves-
9 tigation on or before the 15th day of
March of each year to notify the
10 secretary of the state historical
society director of history and preservation
11 of the name or names of any officers who
lost their lives in the line of
12 duty during the preceding calendar year.
The secretary director of history
13 and preservation shall assemble the
necessary information regarding any
14 such officer or officers and report the
same to the director of architectural
15 services.
16 (c) The
secretary of the state historical society
director of history and
17 preservation is hereby authorized to
receive any grants, gifts, contribu-
18 tions or bequests made for the purpose of
financing the construction of
19 such memorial or for its upkeep and the
addition of names thereto and
20 to expend the same for the purpose for
which received.
21 (d) There is
hereby established in the state treasury the law enforce-
22 ment memorial fund. Expenditures from the
fund may be made for the
23 purposes of constructing, updating and
repairing such memorial, for other
24 purposes related to memorializing and
honoring law enforcement officers
25 of Kansas and for such purposes as may be
specified with regard to any
26 grant, gift, contribution or bequest. All
such expenditures shall be au-
27 thorized by the law enforcement officers
memorial advisory committee
28 and made upon warrants of the director of
accounts and reports issued
29 pursuant to vouchers approved by the
secretary of the state historical
30 society director of
history and preservation, or the secretary's
director's
31 designee.
32 (e) On or before
the 10th of each month, the director of accounts
33 and reports shall transfer from the state
general fund to the law enforce-
34 ment memorial fund interest earnings based
on:
35 (1) The average
daily balance of moneys in the law enforcement me-
36 morial fund for the preceding month;
and
37 (2) the net
earnings rate for the pooled money investment portfolio
38 for the preceding month.
39 Sec.
37. K.S.A. 75-2251 is hereby amended to read as follows:
75-
40 2251. (a) There is hereby established the
law enforcement officers me-
41 morial advisory committee which shall be
composed of 10 members as
42 follows:
43 (1) A
representative of the Kansas peace officers association, ap-
29
1 pointed by the governor;
2 (2) a
representative of the Kansas chiefs of police, appointed by the
3 governor;
4 (3) a
representative of the Kansas fraternal order of police,
appointed
5 by the governor;
6 (4) a
representative of the Kansas state troopers association, ap-
7 pointed by the governor;
8 (5) a
representative of the Kansas sheriffs' association, appointed
by
9 the governor;
10 (6) the director
of the Kansas bureau of investigation, or the director's
11 designee;
12 (7) the
superintendent of the Kansas highway patrol, or the super-
13 intendent's designee;
14 (8) the attorney
general, or the attorney general's designee;
15 (9) the
secretary of the state historical society
director of history and
16 preservation, or the
secretary's director's designee; and
17 (10) the
secretary of corrections, or the secretary's designee.
18 (b) With regard
to a member to be appointed by the governor as
19 representative of the Kansas peace officers
association, the Kansas chiefs
20 of police, the Kansas fraternal order of
police, the Kansas state troopers
21 association or the Kansas sheriffs'
association, the association or group to
22 be represented may submit a list of at
least three names for consideration
23 by the governor in making the appointment.
The governor shall consider
24 each such list if timely submitted and may
appoint from among those
25 listed.
26 (c) The law
enforcement officers memorial advisory committee shall
27 be advisory to the director of
architectural services and the secretary of
28 the state historical
society director of history and preservation with
regard
29 to matters concerning the memorial to law
enforcement officers on the
30 state capitol grounds. The advisory
committee may also make recom-
31 mendations to the governor and the
legislature regarding appropriate ac-
32 tivities memorializing or commemorating the
services of law enforcement
33 officers in Kansas. The advisory committee
may solicit grants, gifts, con-
34 tributions and bequests for the memorial
and shall remit all moneys so
35 received for deposit in the state treasury
to the credit of the law enforce-
36 ment memorial fund in accordance with
K.S.A. 75-2250 and amendments
37 thereto.
38 (d) The members
of the advisory committee shall organize annually
39 by electing a chairperson and
vice-chairperson. The advisory committee
40 shall meet at least once each year upon
call of the chairperson. The sec-
41 retary of the state historical
society director of history and preservation,
42 or the secretary's
director's designee, shall serve as secretary for the
ad-
43 visory committee. Members of the advisory
committee appointed by the
30
1 governor under this section shall
serve at the pleasure of the governor.
2 Sec.
38. K.S.A. 75-2266 is hereby amended to read as follows:
75-
3 2266. (a) There is hereby established
the statehouse art and history com-
4 mittee. The committee shall consist
of three members, as follows:
5 (1) The
secretary of administration or the secretary's designee;
6 (2) the
director of legislative administrative services; and
7 (3) the
executive director of the state historical
society history and
8 preservation.
9 (b) The
secretary of administration or the secretary's designee shall
10 serve as chairperson of the committee. The
committee shall meet on call
11 of the chairperson or at the request of a
majority of the members of the
12 committee.
13 (c) The committee
shall:
14 (1) Develop a
long-range plan for displays in the capitol to represent
15 the art, history and culture of all Kansas
citizens;
16 (2) adopt
procedures and criteria for evaluating and approving art
17 work for display in the capitol, based on
the excellence and aesthetics of
18 the work and its representation of the
multicultural art and history of the
19 state;
20 (3) adopt
procedures and criteria for evaluating and approving re-
21 moval of art work displayed in the capitol,
based on the criteria specified
22 in subsection (c)(2), and disposition and
preservation of such art work;
23 (4) adopt
procedures and criteria for evaluating and approving special
24 events and displays to be held in the
capitol, based on the quality of the
25 event or display and its relevance to the
history and culture of Kansas
26 citizens; and
27 (5) adopt and
implement procedures and criteria for the display,
28 maintenance and preservation of art works
in the capitol.
29 (d) Requests for
display of art works in the capitol shall be submitted
30 to the secretary of administration or the
secretary's designee. The sec-
31 retary of administration or the secretary's
designee, the director of leg-
32 islative administrative services and the
executive director of the state
his-
33 torical society history
and preservation shall evaluate and approve or
34 disapprove those requests in accordance
with the procedures and criteria
35 adopted by the committee.
36 (e) Requests for
displays or special events in the capitol shall be sub-
37 mitted to the following for approval or
disapproval in accordance with the
38 procedures and criteria adopted by the
committee:
39 (1) The director
of legislative administrative services, for displays or
40 special events to be held in areas assigned
to the legislature or to a leg-
41 islative staff office, department or
agency; and
42 (2) the secretary
of administration or the secretary's designee, for
43 displays or special events to be held in
other areas.
31
1 Sec.
39. K.S.A. 75-2566 is hereby amended to read as follows:
75-
2 2566. (a) The state librarian is
hereby authorized and directed to establish,
3 operate and maintain a publication
collection and depository system as
4 provided in this act.
5 (b) Each
state agency shall deposit with the Kansas state library cop-
6 ies of any publication issued by such
state agency in such quantity as shall
7 be specified by the state
librarian.
8 (c) The
state librarian shall forward two (2) copies of
all such
9 publications to the library of
congress, one copy to the state historical
10 society Kansas
department of history and preservation, one copy to the
11 center for research libraries and one copy
shall be retained permanently
12 in the Kansas state library. Additional
copies, as may be prescribed by
13 rule and regulation, may be required for
the depository system.
14 Sec.
40. K.S.A. 75-2701 is hereby amended to read as follows:
75-
15 2701. (a) The state historical
society, heretofore organized under the in-
16 corporation laws of the
state, Kansas department of history and preser-
17 vation shall be the trustee of the
state. As such, the society shall faithfully
18 expend and apply all money received
from the state to the uses and pur-
19 poses directed by law,
The Kansas department of history and preservation
20 shall hold all the
society's present and future collections of
property for
21 the state and shall not sell, mortgage,
transfer or dispose of in any manner
22 or remove from the
society's building or buildings occupied for
historical
23 interests of the state, except for
temporary purposes, any article of prop-
24 erty without authority of law. This shall
not prevent the sale, exchange,
25 donation or other disposition by
the society of its publications,
duplicate
26 property in its collection
holdings, property outside its the scope of
col-
27 lection, hazardous property or property
with insufficient research, edu-
28 cational or exhibit value, but:
29 (1) No such
property shall be disposed of except by sale or exchange
30 until the society adopts
rules and regulations establishing procedures for
31 disposition have been adopted;
32 (2) no rules and
regulations establishing procedures for disposition
33 of such property shall be adopted until the
society director of history and
34 preservation first advises and
consults with the joint committee on ad-
35 ministrative rules and regulations
regarding the proposed rules and
36 regulations;
37 (3) such rules
and regulations shall provide, with respect to property
38 which was donated by an individual,
procedures reasonably calculated to
39 notify and offer such property to such
individual or such individual's im-
40 mediate family prior to disposal, if the
property is disposed of within 20
41 years after the donation; and
42 (4) such rules
and regulations shall provide, with respect to property
43 with research, educational or exhibit
value, procedures for notifying local
32
1 institutions that such property is
being disposed of.
2
(b) There shall continue to be a board of directors of
the state his-
3 torical society to consist of
as many members as the society determines.
4
(c) The society Kansas department
of history and preservation may
5 acquire property, real or personal,
by gift, bequest or otherwise, in any
6 amount, and upon such conditions as
the society's executive committee
7 director of history and
preservation deems best for the interests of the
8 society
state. Any such property so acquired and any state-owned
historic
9 site, structure or other property
which has been placed by law under the
10 jurisdiction and supervision of the
society Kansas department of history
11 and preservation shall be
administered by the society department in
the
12 public interest, and the
society director of history and
preservation shall
13 provide for the preservation of such
property and shall adopt rules and
14 regulations for the department as
necessary for the proper use and en-
15 joyment of such property. For this purpose
the society director of history
16 and preservation may fix, charge and
collect fees for admittance to any
17 state-owned historic site, structure or
property which has been placed
18 under the jurisdiction and supervision of
the society Kansas department
19 of history and preservation and is
further authorized to provide exemp-
20 tions from such fees or to fix reduced fees
for one or more categories of
21 persons.
22 (d) The
society shall remit (c) All moneys received
by the society
23 under the provisions of subsection
(c) (b) shall be remitted to the state
24 treasurer at least monthly. Upon receipt of
any such remittance the state
25 treasurer shall deposit the entire amount
thereof in the state treasury and
26 the same shall be credited to the historic
properties fee fund which is
27 hereby created. All expenditures from such
fund shall be made in ac-
28 cordance with appropriation acts upon
warrants of the director of ac-
29 counts and reports issued pursuant to
vouchers approved by the secretary
30 of the state historical
society director of history and preservation or
a
31 person designated by the
secretary director.
32 Sec.
41. K.S.A. 75-2702 is hereby amended to read as follows:
75-
33 2702. It shall be the duty of the
society to (a) The Kansas department of
34 history and preservation shall:
35
(1) Collect by gift, exchange or purchase books, maps,
newspapers,
36 pamphlets, periodicals, photographs,
artifacts, relics, paintings, manu-
37 scripts and other papers and material
illustrative of the history of Kansas
38 in particular, and the west generally;
to
39
(2) catalog the collections of the
society department for the more
40 convenient reference of all persons who may
have occasion to consult the
41 same; to
42 (3) keep
its such collections arranged in suitable
and convenient
43 rooms, the rooms of the society to
be and keep such rooms open at all
33
1 reasonable hours on business days and
on Saturday mornings and during
2 such other hours as may be prescribed
by the secretary of administration
3 for the reception of the citizens of
this state who may wish to visit the
4 same; to such
collections;
5
(4) maintain museums in its buildings and
in such other places as may
6 be authorized;
to
7
(5) inculcate through publications, museum extension
services and
8 other media a wider and fuller
knowledge and appreciation of the history
9 of Kansas and its
significance, and specifically to
publish a historical jour-
10 nal and such other historical materials as
may be possible within the lim-
11 itations of proceeds received
therefor from membership income appro-
12 priations and, because it is in the
best interest of the state of Kansas and
13 its historical heritage to loan, in
its the discretion of the director of
history
14 and preservation, for such periods
and under such rules and regulations
15 and restrictions as it
the director may adopt, to libraries, educational in-
16 stitutions and other organizations such
books, pamphlets, museum ob-
17 jects, or other materials that if lost or
destroyed could easily and without
18 much expense be replaced;
to
19 (6) take
an active interest in the preservation and use of noncurrent
20 public records of historical importance of
counties, cities, villages, towns,
21 school districts and other local
governmental units; to and
22 (7) cause
to be bound, as necessary for their preservation, the un-
23 bound books, pamphlets, clippings and
newspaper files in its the depart-
24 ment's possession.
25 (b) No
expenditure shall be made under this act or expense incurred
26 except in pursuance of
specific accordance with appropriations
therefor,
27 and no officer of the society shall
pledge the credit of the state in excess
28 of such appropriation.
29 Sec.
42. K.S.A. 75-2703 is hereby amended to read as follows:
75-
30 2703. To enable the
society Kansas department of history and
preserva-
31 tion to augment its
the state's collections, by effecting
conducting ex-
32 changes with other societies and
institutions, not to exceed 10 bound
33 copies each of the several publications of
the state, and of its societies
34 and institutions, as requested by the
secretary of the society director of
35 history and preservation, except the
reports of the supreme court and
36 the statutes and session laws, which are
not printed by the division of
37 printing shall be donated to the
society department as issued and deliv-
38 ered to the society
department by the officer having custody of the
39 publications. In addition the
society department shall receive from
the
40 officer having custody of the publications
one set of supreme court reports
41 and six sets of the statutes and session
laws.
42 Sec.
43. K.S.A. 75-2704 is hereby amended to read as follows:
75-
43 2704. The secretary of the state
historical society director of history and
34
1 preservation shall not permit
any of the files, documents or records of
2 the society
state to be removed from the building or buildings where
the
3 society's office and
rooms such files, documents or records are
located.
4 This section shall not prevent the
removal of materials for temporary
5 purposes or the sale, exchange,
donation or other disposition of property
6 as authorized in K.S.A. 75-2701 and
75-2702, and amendments thereto.
7 Sec.
44. K.S.A. 75-2705 is hereby amended to read as follows:
75-
8 2705. (a) A copy of any file,
document or record in the custody of said
9 society the
Kansas department of history and preservation, duly
certified
10 by the secretary of the state
historical society or his or her director of
11 history and preservation or the
director's authorized agent, may be re-
12 ceived in evidence with the same effect as
the original. To partially re-
13 imburse the state for the cost of such
copies or services the secretary
14 director of history and preservation
shall prescribe the fees, if any, to be
15 paid for certified copies in amounts
approved by the director of accounts
16 and reports under K.S.A. 45-204 and the
fees, if any, for search of the
17 files or records when no certified copy is
made.
18 (b) All moneys
received under this section shall be remitted to the
19 state treasurer at least monthly. Upon
receipt of each such remittance,
20 the state treasurer shall deposit the
entire amount thereof in the state
21 treasury and the same shall be credited to
the state general fund.
22 Sec.
45. K.S.A. 75-2713 is hereby amended to read as follows:
75-
23 2713. There is hereby created a microfilm
division within the state his-
24 torical society Kansas
department of history and preservation. It shall
be
25 the duty of The division
to shall reproduce on film such archives,
news-
26 papers and other records as the
secretary of the state historical society
27 may deem advisable
director of history and preservation determines to
28 be in the best interests of the
state. The person in immediate charge of
29 such work shall be known as the microfilm
technician, who shall be ap-
30 pointed by said secretary
the director and whose duty shall be to operate
31 and supervise the operation of microfilm
equipment within said the
32 division.
33 Sec.
46. K.S.A. 75-2714 is hereby amended to read as follows:
75-
34 2714. (a) Each agency and political
subdivision of this state shall cooperate
35 with the state historical
society Kansas department of history and pres-
36 ervation in its administration of
the property under the society's jurisdic-
37 tion and control of the
Kansas department of history and preservation in
38 order to preserve the historic character
and integrity thereof. The society
39 director of history and preservation
may enter into agreements with any
40 such agency or subdivision, with any agency
of the federal government
41 or with any private individual or entity
concerning the construction or
42 proposed construction of any road, street,
highway or structure which,
43 due to its proximity to property under the
society's jurisdiction and de-
35
1 partment's control, would
compromise the historic character or integrity
2 of such property.
3 (b) No
agency or political subdivision of the state and no other
entity
4 shall exercise the power of eminent
domain with respect to any property
5 under the society's
jurisdiction and control of the Kansas department
of
6 history and preservation
without the prior written approval of the
society
7 director of history and
preservation. No such agency, subdivision or entity
8 and no other person shall change or
alter, or cause to be changed or
9 altered, the physical features or
historic character or integrity of such
10 property without the prior written approval
of the society director of his-
11 tory and preservation. Within 20
days after receipt of notice of the so-
12 ciety's director's
refusal to grant such approval, which notice shall be sent
13 by registered or restricted mail, any party
aggrieved by the decision of
14 the society
director may make written application to the secretary of
state
15 for a hearing thereon. Such hearing shall
be held by the secretary of state
16 within 30 days after receipt of the
application therefor and shall be con-
17 ducted in accordance with the provisions of
the Kansas administrative
18 procedure act, with the applicant and the
society Kansas department of
19 history and preservation as parties
thereto. Following the hearing, the
20 secretary of state shall enter an order
affirming, reversing or modifying
21 the decision of the
society director of history and
preservation. The de-
22 cision of the secretary of state shall be
final.
23 (c) The attorney
general, on relation of the state historical
society
24 director of history and preservation
or the secretary of state, shall file an
25 action in the appropriate district court to
enjoin any agency or political
26 subdivision of the state or any other
person or entity from doing any act
27 in contravention of an order of the
secretary of state or from doing any
28 act contemplated by subsection (b) of this
section without the prior writ-
29 ten approval of the state
historical society director of history and
pres-
30 ervation, unless authority to do
such act has been granted by the secretary
31 of state pursuant to that subsection.
32 Sec.
47. K.S.A. 75-2717 is hereby amended to read as follows:
75-
33 2717. (a) The state historical
society Kansas department of history and
34 preservation is hereby designated as
the state historic preservation
35 agency.
36 (b) The
secretary of the state historical society shall act
as director of
37 history and preservation shall appoint
the state historic preservation of-
38 ficer for the conduct of
who shall be in the classified service under the
39 Kansas civil service act and who shall
be the responsible and have au-
40 thority for relations with
representatives of the federal government and
41 other states with respect to matters of
historic preservation.
42 (c) On and
after July 1, 2000, whenever the state historical society,
43 or words of like effect, and whenever
the secretary of the state historical
36
1 society or the executive director
of the state historical society, or words
2 of like effect, are referred to or
designated by a statute, contract or other
3 document, and such reference or
designation is to the powers, duties or
4 functions of the state historic
preservation officer as such office existed
5 prior to July 1, 2000, such
reference or designation shall be deemed to
6 apply to the state historic
preservation officer appointed pursuant to this
7 section.
8 (d) All
policies, orders and directives of the secretary of the state
his-
9 torical society or the executive
director of the state historical society that
10 are in existence on June 30, 2000, and
are policies, orders and directives
11 of such secretary or executive director
acting as the state historic pres-
12 ervation officer, shall continue to be
effective and shall be deemed to be
13 policies, orders and directives of the
state historic preservation officer
14 appointed pursuant to this section until
revised, amended or nullified
15 pursuant to law.
16 Sec.
48. K.S.A. 75-2718 is hereby amended to read as follows:
75-
17 2718. The secretary of the state
historical society is authorized to director
18 of history and preservation shall
appoint such professional and other staff
19 members as may be necessary to carry out
the duties assigned to the state
20 historic preservation agency by law and
such other duties as may be nec-
21 essary to meet the requirements for
participation in the federal historic
22 preservation program. All such
professional and other staff positions shall
23 be in the classified service under the
Kansas civil service act and shall
24 report to the state historic
preservation officer.
25 Sec.
49. K.S.A. 75-2719a is hereby amended to read as follows:
75-
26 2719a. (a) There is hereby established the
state historic sites board of
27 review which shall be composed of the
following members: (1) The gov-
28 ernor or the governor's designee; (2) the
state historic preservation officer
29 or such officer's designee; and (3) nine
members appointed by the gov-
30 ernor, at least one of whom shall be
professionally qualified in the field
31 of architecture, one professionally
qualified in the field of history, one
32 professionally qualified in the field of
prehistoric archeology, one profes-
33 sionally qualified in the field of historic
archeology and one professionally
34 qualified in the field of architectural
history. A majority of the members
35 of the board shall be professionally
qualified in at least one of such fields.
36 (b) The term of
office of each member of the board appointed by
37 the governor shall expire on June 30 of the
third year following the year
38 of appointment, except that the
term of office of the members appointed
39 to the first board on and after the
effective date of this act shall be as
40 follows: Three members shall be
appointed for terms which expire on
41 June 30 of the next succeeding year
after the year of appointment, three
42 members shall be appointed for
terms which expire on June 30 of the
43 second year following the year of
appointment and three members shall
37
1 be appointed for terms which
expire on June 30 of the third year following
2 the year of
appointment. The governor shall designate the term
of office
3 for each member appointed by
the governor to the first board. Upon the
4 expiration of a term of office of a
member of the board appointed by the
5 governor, the governor shall appoint
a qualified successor. Each member
6 of the board appointed by the
governor shall serve until a successor is
7 appointed and qualified. Whenever a
vacancy occurs among the mem-
8 bership of the board appointed by the
governor for any reason other than
9 the expiration of a member's term of
office, the governor shall appoint a
10 qualified successor to fill the unexpired
term.
11 (c) Members of
the state historic sites board of review attending
12 meetings of such board, or attending a
subcommittee meeting thereof
13 authorized by such board, shall be paid
amounts provided in subsection
14 (e) of K.S.A. 75-3223 and amendments
thereto. Amounts paid under this
15 subsection (c) to ex officio members of the
state historic sites board of
16 review shall be from appropriations to the
state agencies of which such
17 members are employees upon warrants of the
director of accounts and
18 reports issued pursuant to vouchers
approved by the chief administrative
19 officers of such agencies. Amounts paid
under this subsection (c) to mem-
20 bers of the board appointed by the governor
shall be from appropriations
21 to the state historical
society Kansas department of history and
preser-
22 vation upon warrants of the director
of accounts and reports issued pur-
23 suant to vouchers approved by the
secretary of the state historical society
24 director of history and preservation or
the director's designee.
25 (d) The state
historic sites board of review established under
K.S.A.
26 75-2719 is hereby abolished, and
the state historic sites board of review
27 established under this section
shall be the successor to all the powers and
28 duties thereof. Persons acting as
members of the state historic sites board
29 of review under K.S.A. 75-2719
immediately prior to the effective date
30 of this act shall continue to act
in that capacity until such time as the
31 governor has made appointments to
fill all appointive positions on the
32 state historic sites board of
review established by this section. In making
33 appointments under this section,
the governor shall give special consid-
34 eration to appointment of persons
acting as members of the state historic
35 sites board of review at the time
this act becomes effective. is attached
36 to the Kansas department of history and
preservation. All budgeting, pur-
37 chasing and related management functions
shall be administered under
38 the direction of the director of history
and preservation. All vouchers for
39 expenditures by the board shall be
approved by the director of history
40 and preservation or the director's
designee.
41 Sec.
50. K.S.A. 75-2721 is hereby amended to read as follows:
75-
42 2721. (a) Under the supervision and
control of the director of history and
43 preservation, the state
historical society historic preservation
officer shall
38
1 have the following historic
preservation powers and duties:
2
(1) Undertake a statewide survey to identify and document
historic
3 properties, including all those owned
by the state, its instrumentalities
4 and political subdivisions.
5 (2) Prepare
and maintain a state register of historic places, which shall
6 include all those listed on the
national register of historic places. The
7 historical society
state historic preservation officer shall adopt
standards
8 for the listing and maintenance of
historic properties on the state register
9 consistent with relevant federal
standards for preservation and care of
10 historic properties.
11 (3) Prepare the
state's preservation plan, review such plan annually
12 and make appropriate revisions.
13 (4) Within limits
of available resources, acquire historic properties by
14 gift, purchase, devise or bequest;
preserve, restore and administer such
15 properties; and transfer such properties
when authorized by law.
16 (5) Establish
standards and criteria for the acquisition of historic
17 properties and for the preservation,
restoration, maintenance and oper-
18 ation of properties under the jurisdiction
of the agency Kansas depart-
19 ment of history and preservation,
and, when deemed proper, to charge
20 reasonable admission fees to such
properties.
21 (6) Undertake the
procedures necessary to qualify the state for par-
22 ticipation in sources of federal aid for
historic preservation purposes.
23 (7) Provide
information concerning historic properties within the
24 state to the agencies and instrumentalities
of the federal, state and local
25 governments and, where appropriate, to
private individuals and
26 organizations.
27 (8) Cooperate
with federal, state and local government agencies in
28 the planning and conduct of specific
undertakings affecting historic prop-
29 erties and preservation objectives and in
overall land-use planning.
30 (9) Disburse
federal and state funds to local governments and private
31 agencies and individuals for historic
preservation work; establish stan-
32 dards of eligibility to receive such funds;
and enter into maintenance
33 agreements with local governments and
private agencies concerning his-
34 toric properties.
35 (10) Participate
in national and international conferences and pro-
36 grams concerning historic preservation and
cooperate with federal offi-
37 cials and agencies in the conduct of such
activities.
38 (11) Subject to
limitations of staff and resources, provide technical
39 and financial assistance to local historic
preservation organizations and
40 private parties involved in historic
preservation activities.
41 (12) Assist,
where possible, in developing public interest in historic
42 preservation through the development and
implementation of interpre-
43 tive programs for historic properties and
through the management of the
39
1 state's historical marker
program.
2
(13) Develop an ongoing program of historical, architectural
and ar-
3 cheological research and development,
to include continuing surveys, ex-
4 cavation, scientific recording,
interpretation and publication of the state's
5 historical, architectural,
archeological and cultural resources. A reasona-
6 ble charge may be made for
publications.
7
(14) Request that the attorney general take action authorized
under
8 subsection (d) of K.S.A. 75-2724 and
amendments thereto against any
9 person or entities who fail to obtain
any demolition or building permit
10 required by local or state law.
11 (b) With the
advice of the state historic preservation officer, the
di-
12 rector of history and preservation
shall adopt rules and regulations to
13 implement and administer the provisions of
K.S.A. 75-2715 through 75-
14 2725, and amendments thereto.
15 Sec.
51. K.S.A. 75-2722 is hereby amended to read as follows:
75-
16 2722. The state historical
society Kansas department of history and pres-
17 ervation may enter into and carry
out contracts with the federal govern-
18 ment or any agency thereof under which
said such government or agency
19 grants financial or other assistance to the
historical society department to
20 further the purposes of this act. The
historical society Kansas department
21 of history and preservation may
agree to and comply with any reasonable
22 conditions not inconsistent with state law
which are imposed on such
23 grants. Such grant funds or other
assistance may be accepted from the
24 federal government or an agency thereof and
expended whether or not
25 pursuant to a contract. The
historical society Kansas department of
history
26 and preservation may further enter
into and carry out contracts with local
27 governments or their agencies and with any
private party to further the
28 purposes of this act.
29 Sec.
52. K.S.A. 75-2723 is hereby amended to read as follows:
75-
30 2723. (a) The state historical
society Kansas department of history and
31 preservation is hereby designated as
the official state agency to administer
32 federal assistance under provisions of the
national historic preservation
33 act of 1966 and to accept and disburse
funds apportioned to the state
34 under the provisions of
said that act.
35 (b) The
state historical society Kansas department of
history and
36 preservation, as the administrative
agency for the state for such federal
37 assistance and benefits as may be available
under the national historic
38 preservation act of 1966, shall have the
right and is authorized and em-
39 powered to:
40 (1) Apply for
such assistance and benefits as may be available to the
41 state under said
that act, and the state treasurer is hereby authorized
to
42 receive and disburse such moneys upon the
proper voucher by the agency
43 Kansas department of history and
preservation.
40
1
(2) Disburse federal and state funds to eligible local
governments and
2 private agencies and individuals as
directed by the historic sites board of
3 review according to the priorities
established in the Kansas preservation
4 plan.
5 (3) Enter
into contracts and agreements with individuals, organiza-
6 tions, municipalities, governmental
agencies and with the United States
7 or any appropriate agency
thereof.
8 (4) Keep
financial and other records thereto and to furnish appro-
9 priate officials and agencies of the
state and of the United States such
10 reports and information as may be
reasonably necessary to enable such
11 officials and agencies to perform their
duties under said program.
12 (5) Perform such
other acts as may be necessary to comply with fed-
13 eral requirements in securing for the state
the benefits provided by the
14 national historic preservation act of
1966.
15 (c) The
state historical society Kansas department of
history and pres-
16 ervation shall make no commitment or
enter into any agreement pursuant
17 to the exercise of authority under this act
until it has determined that
18 sufficient funds are available to meet the
state's share, if any, of the project
19 cost.
20 Sec.
53. K.S.A. 75-2725 is hereby amended to read as follows:
75-
21 2725. The state of Kansas or any county,
municipality or other political
22 subdivision having capacity to sue and be
sued, the Kansas state historical
23 society department of
history and preservation and any city or county
24 historical society which, for more than two
(2) years prior to filing such
25 action, has been organized, has elected
officers and has received com-
26 pensation, funds or reimbursements from a
city or county pursuant to
27 K.S.A. 12-1660 or 19-2649, and amendments
thereto, may maintain an
28 action in the district court having
jurisdiction where an alleged violation
29 occurred or is threatened for such
equitable and declaratory relief as may
30 be necessary to enforce the provisions of
this act and to protect historic
31 property from unauthorized or improper
demolition, alteration or
32 transfer.
33 Sec.
54. K.S.A. 75-2726 is hereby amended to read as follows:
75-
34 2726. (a) The state of Kansas shall not
acquire or make a commitment to
35 acquire by gift, lease, purchase or other
means any historic property for
36 purposes of historic preservation of such
property unless such property
37 is listed on the national register of
historic places and, in any case, until
38 an application for acquisition of historic
property is filed with the secretary
39 of the state historical
society director of history and preservation and
the
40 state historic sites board of review has
reviewed such application and
41 submitted a report and findings in regard
to the acquisition of such prop-
42 erty to the governor and the legislature in
accordance with this section.
43 (b) An
application for acquisition of historic property shall be filed
41
1 with the secretary of the
state historical society director of history
and
2 preservation on forms prepared
by the secretary of the state historical
3 society
director and shall contain such information concerning such
his-
4 toric property as the
secretary of the state historical society
director may
5 require. Each such application for
acquisition of any historic property
6 shall be signed by at least 1,000 of
the qualified electors of this state and
7 at least 25% of the number of the
electors signing the application shall
8 be also qualified electors of the
county where the historic property is
9 located.
10 (c) Upon the
receipt of such application, the secretary of the
state
11 historical society
director of history and preservation shall notify the
12 chairperson of the state historic sites
board of review that an application
13 has been received. The state historic sites
board of review shall meet to
14 conduct fact-finding hearings and otherwise
investigate the application
15 for acquisition of historic property. The
state historic sites board of review
16 shall make a report and findings on the
factors established in subsection
17 (e). If, prior to the time the state
historic sites board of review makes a
18 report and findings, changes have occurred
to the property that have
19 destroyed, removed, reduced or otherwise
irreparably altered those fea-
20 tures, characteristics, elements, materials
or values that made the prop-
21 erty historically important, the board may
direct a cessation of the inves-
22 tigation and research efforts on that
property and shall notify the
23 individual or group submitting the
petition, the governor and the legis-
24 lature of the reasons for cessation of the
investigation.
25 (d) If an
application for acquisition of historic property previously
26 proposed for acquisition and previously
investigated by the state historic
27 sites board of review is filed with the
secretary of the state historical
28 society director of
history and preservation, the state historic sites board
29 of review may, in
its discretion, may decide whether or not to conduct a
30 new investigation of the historic
property.
31 (e) Upon review
of an application for acquisition of historic property,
32 the state historic sites board of review
shall make findings on the following
33 factors:
34 (1) Whether the
historic property has sufficient historical signifi-
35 cance, educational value and general public
interest to justify acquisition;
36 (2) what the
costs of acquisition, restoration, development, operation
37 and maintenance of the historic property
will be for at least five fiscal
38 years subsequent to the proposed date of
acquisition;
39 (3) whether the
historic property will generate financial revenues in
40 the future and an estimate of the amount of
such revenues for at least
41 five fiscal years subsequent to the
proposed date of acquisition of the
42 historic property;
43 (4) whether there
exists sufficient local financial assistance to support
42
1 a partnership of the state, local
governments and private sources for the
2 development and ongoing maintenance
and operation of the historic
3 property and the degree of assurance
that such local financial assistance
4 is committed for these purposes;
5 (5) whether
the historic property is duplicative of other historic prop-
6 erty operated by the state
historical society Kansas department of history
7 and preservation;
8 (6) whether
the historic property retains an original appearance, set-
9 ting and materials which are adequate
to interpret its significance;
10 (7) whether the
historic property is accessible or can be made acces-
11 sible to visitors by customary means of
transportation and the costs in-
12 volved in making the historic property
accessible;
13 (8) whether the
historic property has access to utilities and other serv-
14 ices required for its preservation and
operation and the costs involved in
15 obtaining such access;
16 (9) whether the
historic property illustrates, interprets or is identified
17 with an important aspect of Kansas history
or prehistory; and
18 (10) such other
factors or information as the state historic sites board
19 of review deems relevant.
20 (f) Upon the
completion of its investigation of the application for
21 acquisition of historic property, the state
historic sites board of review
22 shall report its findings to the governor
and to the legislature. Such report
23 shall be made not later than one year
subsequent to the receipt by the
24 secretary of the state historical
society director of history and preservation
25 of the application for acquisition of
historic property.
26 (g) As used in
this section, the terms "historic preservation" and "his-
27 toric property" shall have the meanings
ascribed to such terms in K.S.A.
28 75-2716 and amendments thereto.
29 Sec.
55. K.S.A. 75-2728 is hereby amended to read as follows:
75-
30 2728. (a) As approved by the committee on
surety bonds and insurance,
31 the state historical
society Kansas department of history and
preservation
32 is hereby authorized to purchase insurance
against loss or damage to
33 collections or other personal property from
any casualty whether owned
34 by or in the care, custody or control of
the state historical society Kansas
35 department of history and
preservation.
36 (b) The
society shall remit All moneys received by the
society Kansas
37 department of history and
preservation under the provisions of subsection
38 (a) shall be remitted to the state
treasurer at least monthly. Upon receipt
39 of any such remittance the state treasurer
shall deposit the entire amount
40 thereof in the state treasury and the same
shall be credited to the insur-
41 ance collection replacement/reimbursement
fund which is hereby cre-
42 ated. All expenditures from such fund shall
be made in accordance with
43 appropriation acts upon warrants of the
director of accounts and reports
43
1 issued pursuant to vouchers approved
by the secretary of the state his-
2 torical society or a person
designated by the secretary director of history
3 and preservation or the director's
designee.
4 Sec.
56. K.S.A. 75-2729 is hereby amended to read as follows:
75-
5 2729. (a) (1) There is hereby
established in the state treasury the heritage
6 trust fund. All moneys deposited in
the heritage trust fund shall be used
7 for the purpose of awarding grants to
assist historic preservation projects
8 involving property included in the
national register of historic places or
9 the state register of historic
places, excluding property owned by the state
10 or federal government, and shall be used by
the state historical society
11 director of history and preservation
for the administration of the heritage
12 trust fund program. At least 50% of the
amount awarded annually in
13 grants shall be used for the preservation
of eligible properties owned by
14 county and local governments, county and
local historical societies and
15 by private nonprofit organizations. The
state historical society director of
16 history and preservation may also
provide grant assistance from moneys
17 in the heritage trust fund on a matching
basis and also may establish a
18 revolving fund loan program from moneys in
such fund. The state his-
19 torical society
director of history and preservation may establish
different
20 matching fund requirements for the various
types of applicants, but the
21 matching contributions required from
for-profit corporations shall be dol-
22 lar for dollar. For-profit corporation
applicants shall be assisted only if
23 the property's continued existence is
threatened or its rehabilitation is not
24 economically feasible without grant
assistance. The state historical society
25 director of history and preservation
shall ensure that such moneys are
26 expended for the purpose of this section,
and may adopt rules and reg-
27 ulations for the Kansas department of
history and preservation as nec-
28 essary to carry out the purpose of this
section.
29 (2) In evaluating
grant applications involving historic preservation
30 projects under subsection (a)(1), the
state historical society director of
31 history and preservation shall
consider the following factors: The level of
32 historical significance of the property;
the condition of the property; the
33 urgency of the preservation work proposed;
whether or not the property
34 is endangered; the type of work proposed; a
geographical distribution of
35 assisted properties; the administrative
ability of the applicant; the poten-
36 tial benefit to the community and the
state; community support for the
37 project; ineligibility of the project for
other funds; and an assessment of
38 the need of the owner for the grant
assistance to do the project.
39 (3) (A) The
state historical society director of history
and preserva-
40 tion shall establish provisions to
recapture grant moneys in accordance
41 with the following factors: (i) If
an approved rehabilitated building is held
42 by the grantee for longer than five years
after the completion of the grant
43 project, there is no recapture of the grant
funds; (ii) if the owner, or
44
1 designated heir, in the case of the
owner's death, disposes of the property
2 after a holding period of less than
one year after the completion of the
3 grant project, 100% of the grant is
recaptured; and (iii) for properties
4 held between one and five years, the
grant recapture amount is reduced
5 by 20% per year.
6 (B) The
state historical society director of history
and preservation
7 may inspect a rehabilitated property
at any time during the five-year pe-
8 riod and may revoke or invalidate the
approval if work was not undertaken
9 as presented in the grant application
or if further unapproved alterations
10 have been made. Modifications made during
the five-year period follow-
11 ing the completion of the grant shall be
made in accordance with stan-
12 dards established by the state
historical society director of history and
13 preservation.
14 (b) On or before
the 10th of each month, the director of accounts
15 and reports shall transfer from the state
general fund to the heritage trust
16 fund interest earnings based on:
17 (1) The average
daily balance of moneys in the heritage trust fund
18 for the preceding month; and
19 (2) the net
earnings rate for the pooled money investment portfolio
20 for the preceding month.
21 (c) Except as
otherwise provided in this section, all expenditures from
22 the heritage trust fund shall be made in
accordance with appropriation
23 acts upon warrants of the director of
accounts and reports issued pursuant
24 to vouchers approved by the
secretary of the state historical society or a
25 person designated by the
secretary director of history and preservation
26 or the director's designee.
27 Sec.
57. K.S.A. 75-2743 is hereby amended to read as follows:
75-
28 2743. As used in this act:
29 (a) "Board" means
the unmarked burial sites preservation board.
30 (b) "Evaluation"
means assessment by the state historical
society
31 Kansas department of history and
preservation of the nature of human
32 skeletal remains and goods interred with
such remains and the situation
33 in which they are located to make
recommendations for action and dis-
34 position of the remains or goods under this
act.
35 (c) "Human
skeletal remains" means any part of the body of a de-
36 ceased human being, in any stage of
decomposition.
37 (d) "Person"
means an individual, unincorporated association, part-
38 nership, limited partnership, corporation
or governmental entity.
39
(e) "Society Department action" means
any evaluation, investigation,
40 disinterment, study, reinterment or other
disposition carried out by the
41 state historical society
Kansas department of history and preservation,
42 with board approval, using moneys
appropriated to the state historical
43 society Kansas
department of history and preservation.
45
1
(f) "Unmarked burial site" means any interment by whatever
means
2 of human skeletal remains, other than
a burial site in a cemetery otherwise
3 protected by Kansas statute.
4 Sec.
58. K.S.A. 75-2744 is hereby amended to read as follows:
75-
5 2744. (a) There is hereby created the
unmarked burial sites preservation
6 board. The board shall
be is attached to the state historical
society Kansas
7 department of history and
preservation. All budgeting, purchasing and
8 related management functions shall be
administered under the direction
9 of the secretary of the state
historical society director of history and
pres-
10 ervation. All vouchers for
expenditures of the board shall be approved by
11 the secretary of the state
historical society director of history and
pres-
12 ervation or the director's
designee.
13 (b) The board
shall consist of:
14 (1) The state
archeologist;
15 (2) a physical
anthropologist, appointed by the governor, who is em-
16 ployed by an institution of higher
education located in this state, holds a
17 doctorate degree representing specialized
training in skeletal biology or
18 forensic osteology and has demonstrated
ability to design and execute a
19 human skeletal analysis and to present the
written results and interpre-
20 tations of the analysis in a thorough,
scientific and timely manner;
21 (3) a historian,
appointed by the governor, who is employed by the
22 state historical society
Kansas department of history and preservation or
23 an institution of higher education located
in this state, holds an advanced
24 degree in American history and has
specialized in Kansas history;
25 (4) four tribal
representatives, one from each of the four resident
26 Kansas Indian tribes (Pottawatomie,
Kickapoo, Iowa and Sac and Fox),
27 to be selected by the governing body of the
respective tribe; and
28 (5) two members,
appointed by the governor, who represent the gen-
29 eral public but are not members of the
interest groups represented by
30 the members enumerated in subsections
(a)(2) through (4).
31 (c) Of
the appointive members first appointed to the board:
The
32 member who is a physical
anthropologist and the member who represents
33 the Pottawatomie tribe shall serve
for terms of one year; the member
34 who is a historian, the member
representing the Kickapoo tribe and one
35 member of the general public, as
designated by the governor, shall serve
36 for terms of two years; and the
member who represents the Iowa tribe,
37 the member who represents the Sac
and Fox tribe and one member of
38 the general public, as designated
by the governor, shall serve for terms
39 of three years. Upon expiration of
such terms, All appointive members
40 of the board shall serve for terms
of three years.
41 (d) Appointive
members of the board attending meetings of the
42 board or a subcommittee meeting authorized
by the board shall be paid
43 compensation and subsistence allowances,
mileage and other expenses as
46
1 provided by K.S.A. 75-3223 and
amendments thereto.
2 (e) The
state archeologist shall serve as chairperson of the board.
3 (f) The
secretary of the state historical society
director of history and
4 preservation shall serve as
secretary of the board and shall provide such
5 office space and such staff as
necessary for the performance of the duties
6 prescribed by this act.
7 Sec.
59. K.S.A. 75-2748 is hereby amended to read as follows:
75-
8 2748. (a) On and after January 1,
1990, no person shall, unless such person
9 holds a permit issued by the board to
do so or is exempt pursuant to
10 subsection (b):
11 (1) Willfully
disturb an unmarked burial site;
12 (2) knowingly
possess human skeletal remains known to have been
13 from an unmarked burial site, or goods
interred with such remains;
14 (3) display human
skeletal remains known to have been from an un-
15 marked burial site, or goods interred with
such remains;
16 (4) sell, trade
or give away human skeletal remains known to have
17 been from an unmarked burial site, or goods
interred with such remains;
18 or
19 (5) throw away or
discard human skeletal remains known to have
20 been from an unmarked burial site, or goods
interred with such remains.
21 (b) Subsection
(a)(2) shall not apply to possession of human skeletal
22 remains or burial goods by the
state historical society Kansas
department
23 of history and preservation or
institutions of higher education repre-
24 sented on the Kansas antiquities commission
pursuant to K.S.A. 74-5402
25 and amendments thereto, but the board, in
consultation with interested
26 parties, shall review the collections of
such society department and insti-
27 tutions and report to the legislature on or
before January 13, 1992, any
28 recommendations it has concerning human
skeletal remains and burial
29 goods which are part of such collections
and are from unmarked burial
30 sites. Subsections (a)(1) through (5) shall
not apply to:
31 (1) Disinterment,
possession, display, transfer, reinterment or dis-
32 position of human skeletal remains, or
goods interred with such remains,
33 which are determined by a coroner to be
remains described by K.S.A.
34 22a-231 and amendments thereto; and
35 (2) private
collections of burial goods acquired prior to January 1,
36 1990.
37 (c) Violation of
this section is a crime punishable:
38 (1) Upon
conviction of a first offense, by a fine of not more than
39 $10,000, if the commercial and
archeological value of the remains and
40 goods involved and all costs related to
their restoration and repair is
41 $5,000 or less;
42 (2) upon
conviction of a first offense, by a fine of not more than
43 $20,000, if the commercial and
archeological value of the remains and
47
1 goods involved and all costs related
to their restoration and repair is more
2 than $5,000; and
3 (3) upon
conviction of the second or a subsequent offense, by a fine
4 of not more than $100,000.
5 (d) In
addition to or in lieu of any penalty imposed pursuant to sub-
6 section (c), the board, upon a
finding that a person has violated any pro-
7 vision of this section or any term of
a permit issued under this act, may
8 impose on such person a civil fine of
not more than $2,000 for each
9 violation. Imposition of any such
fine shall be only upon notice and a
10 hearing conducted in accordance with the
Kansas administrative proce-
11 dure act and shall be subject to review in
accordance with the act for
12 judicial review and civil enforcement of
agency actions.
13 Sec.
60. K.S.A. 75-2749 is hereby amended to read as follows:
75-
14 2749. (a) Any person who knows or has
reason to know that a violation
15 of K.S.A. 75-2748, and amendments thereto,
is being or has been com-
16 mitted must immediately notify the law
enforcement agency of the juris-
17 diction where the violation occurred. A law
enforcement agency shall
18 notify the state historical
society Kansas department of history and pres-
19 ervation of any violation of K.S.A.
75-2748, and amendments thereto,
20 which becomes known to the law enforcement
agency.
21 (b) Any person
who discovers human skeletal remains immediately
22 shall notify the law enforcement agency of
the jurisdiction where the
23 remains were found. Upon receipt of such
notice, the law enforcement
24 agency immediately shall notify the
district coroner or deputy district
25 coroner. If the coroner determines that the
human skeletal remains are
26 not of evidentiary or forensic interest
then the coroner shall notify the
27 state historical society
Kansas department of history and preservation.
28 (c) Failure to
give notice as required by subsection (a) or (b) is a
29 misdemeanor punishable by a fine of not
less than $100 nor more than
30 $500.
31 (d) Upon
notification pursuant to this section or K.S.A. 22a-232, and
32 amendments thereto, the state
historical society Kansas department of
33 history and preservation shall
assume jurisdiction over the human skeletal
34 remains, and any goods interred with such
remains. The state historical
35 society director of
history and preservation shall carry out
society de-
36 partmental actions in as expeditious
a manner as possible, with particular
37 consideration given to circumstances such
as construction sites, agricul-
38 tural interests and kin or descent groups.
After disinterment, the remains
39 and goods may be under the control of the
state historical society Kansas
40 department of history and
preservation for purposes of study for a period
41 of one year. On a showing of need, the
board may extend such period for
42 additional periods of six months. After any
period of study authorized by
43 this subsection, disposition or reinterment
of the remains and goods shall
48
1 be under the direction of the
board.
2 Sec.
61. K.S.A. 75-2753 is hereby amended to read as follows:
75-
3 2753. The secretary of the
state historical society director of history
and
4 preservation shall establish,
with the approval of the board, a cemetery
5 on existing state lands for the
reinterment of human skeletal remains from
6 unmarked burial sites in this state,
and goods interred with such remains.
7 Such cemetery shall not be open to
the public.
8 Sec.
62. K.S.A. 1999 Supp. 75-2935 is hereby amended to read as
9 follows: 75-2935. The civil service
of the state of Kansas is hereby divided
10 into the unclassified and the classified
services.
11 (1) The
unclassified service comprises positions held by state officers
12 or employees who are:
13 (a) Chosen by
election or appointment to fill an elective office;
14 (b) members of
boards and commissions, heads of departments re-
15 quired by law to be appointed by the
governor or by other elective offi-
16 cers, and the executive or administrative
heads of offices, departments,
17 divisions and institutions specifically
established by law;
18 (c) except as
otherwise provided under this section, one personal sec-
19 retary to each elective officer of this
state, and in addition thereto, 10
20 deputies, clerks or employees designated by
such elective officer;
21 (d) all employees
in the office of the governor;
22 (e) officers and
employees of the senate and house of representatives
23 of the legislature and of the legislative
coordinating council and all officers
24 and employees of the office of revisor of
statutes, of the legislative re-
25 search department, of the division of
legislative administrative services,
26 of the division of post audit and the
legislative counsel;
27 (f) chancellor,
president, deans, administrative officers, student
28 health service physicians, pharmacists,
teaching and research personnel,
29 health care employees and student employees
in the institutions under
30 the state board of regents, the executive
officer of the board of regents
31 and the executive officer's employees other
than clerical employees, and,
32 at the discretion of the state board of
regents, directors or administrative
33 officers of departments and divisions of
the institution and county exten-
34 sion agents, except that this subsection
(1)(f) shall not be construed to
35 include the custodial, clerical or
maintenance employees, or any employ-
36 ees performing duties in connection with
the business operations of any
37 such institution, except administrative
officers and directors; as used in
38 this subsection (1)(f), "health care
employees" means employees of the
39 university of Kansas medical center who
provide health care services at
40 the university of Kansas medical center and
who are medical technicians
41 or technologists or respiratory therapists,
who are licensed professional
42 nurses or licensed practical nurses, or who
are in job classes which are
43 designated for this purpose by the
chancellor of the university of Kansas
49
1 upon a finding by the chancellor that
such designation is required for the
2 university of Kansas medical center
to recruit or retain personnel for
3 positions in the designated job
classes; and employees of any institution
4 under the state board of regents who
are medical technologists;
5
(g) operations, maintenance and security personnel employed to
im-
6 plement agreements entered into by
the adjutant general and the federal
7 national guard bureau, and officers
and enlisted persons in the national
8 guard and the naval militia;
9 (h) persons
engaged in public work for the state but employed by
10 contractors when the performance of such
contract is authorized by the
11 legislature or other competent
authority;
12 (i) persons
temporarily employed or designated by the legislature or
13 by a legislative committee or commission or
other competent authority
14 to make or conduct a special inquiry,
investigation, examination or
15 installation;
16 (j) officers and
employees in the office of the attorney general and
17 special counsel to state departments
appointed by the attorney general,
18 except that officers and employees of the
division of the Kansas bureau
19 of investigation shall be in the classified
or unclassified service as provided
20 in K.S.A. 75-711, and amendments
thereto;
21 (k) all employees
of courts;
22 (l) client,
patient and inmate help in any state facility or institution;
23 (m) all attorneys
for boards, commissions and departments;
24 (n) the
secretary director of history and
preservation and assistant
25 secretary director
of the Kansas state historical society
department of his-
26 tory and preservation;
27 (o) physician
specialists, dentists, dental hygienists, pharmacists,
28 medical technologists and long term care
workers employed by the de-
29 partment of social and rehabilitation
services;
30 (p) physician
specialists, dentists and medical technologists employed
31 by any board, commission or department or
by any institution under the
32 jurisdiction thereof;
33 (q) student
employees enrolled in public institutions of higher
34 learning;
35
(r) administrative officers, directors and teaching personnel
of the
36 state board of education and the state
department of education and of
37 any institution under the supervision and
control of the state board of
38 education, except that this subsection
(1)(r) shall not be construed to
39 include the custodial, clerical or
maintenance employees, or any employ-
40 ees performing duties in connection with
the business operations of any
41 such institution, except administrative
officers and directors;
42 (s) all officers
and employees in the office of the secretary of state;
43 (t) one personal
secretary and one special assistant to the following:
50
1 The secretary of administration, the
secretary of aging, the secretary of
2 agriculture, the secretary of
commerce and housing, the secretary of cor-
3 rections, the secretary of health and
environment, the superintendent of
4 the Kansas highway patrol, the
secretary of human resources, the secre-
5 tary of revenue, the secretary of
social and rehabilitation services, the
6 secretary of transportation, the
secretary of wildlife and parks and the
7 commissioner of juvenile justice;
8 (u) one
personal secretary and one special assistant to the chancellor
9 and presidents of institutions under
the state board of regents;
10 (v) one personal
secretary and one special assistant to the executive
11 vice chancellor of the university of Kansas
medical center;
12 (w) one public
information officer and one chief attorney for the fol-
13 lowing: The department of administration,
the department on aging, the
14 department of agriculture, the department
of commerce and housing, the
15 department of corrections, the department
of health and environment,
16 the department of human resources, the
department of revenue, the de-
17 partment of social and rehabilitation
services, the department of trans-
18 portation, the Kansas department of
wildlife and parks and the commis-
19 sioner of juvenile justice;
20 (x) civil service
examination monitors;
21 (y) one executive
director, one general counsel and one director of
22 public affairs and consumer protection in
the office of the state corpo-
23 ration commission;
24 (z) specifically
designated by law as being in the unclassified service;
25 (aa) all officers
and employees of Kansas, Inc. and the Kansas tech-
26 nology enterprise corporation; and
27 (bb) any position
that is classified as a position in the information
28 resource manager job class series, that is
the chief position responsible
29 for all information resources management
for a state agency, and that
30 becomes vacant on or after the effective
date of this act. Nothing in this
31 section shall affect the classified status
of any employee in the classified
32 service who is employed on the date
immediately preceding the effective
33 date of this act in any position that is a
classified position in the infor-
34 mation resource manager job class series
and the unclassified status as
35 prescribed by this subsection shall apply
only to a person appointed to
36 any such position on or after the effective
date of this act that is the chief
37 position responsible for all information
resources management for a state
38 agency.
39 (2) The
classified service comprises all positions now existing or
here-
40 after created which are not included in the
unclassified service. Appoint-
41 ments in the classified service shall be
made according to merit and fitness
42 from eligible pools which so far as
practicable shall be competitive. No
43 person shall be appointed, promoted,
reduced or discharged as an officer,
51
1 clerk, employee or laborer in the
classified service in any manner or by
2 any means other than those prescribed
in the Kansas civil service act and
3 the rules adopted in accordance
therewith.
4 (3) For
positions involving unskilled, or semiskilled duties, the sec-
5 retary of administration, as provided
by law, shall establish rules and reg-
6 ulations concerning certifications,
appointments, layoffs and reemploy-
7 ment which may be different from the
rules and regulations established
8 concerning these processes for other
positions in the classified service.
9
(4) Officers authorized by law to make appointments to
positions in
10 the unclassified service, and appointing
officers of departments or insti-
11 tutions whose employees are exempt from the
provisions of the Kansas
12 civil service act because of the
constitutional status of such departments
13 or institutions shall be permitted to make
appointments from appropriate
14 pools of eligibles maintained by the
division of personnel services.
15 Sec.
63. K.S.A. 75-3048 is hereby amended to read as follows:
75-
16 3048. Each state agency may have printed
such reports, pamphlets, books
17 and material as pertain to its activity and
which are within the terms of a
18 specific legislative authorization or
appropriation. Copies shall be deliv-
19 ered to the governor, state librarian, the
secretary of the state historical
20 society director of
history and preservation and the secretary of the leg-
21 islative coordinating council and a copy
shall be mailed or delivered to
22 each member of the legislature. Such
publication shall be sold at approx-
23 imately the cost of printing the same and
the amount received therefrom
24 shall be placed in the state treasury and
credited to the fee fund of such
25 agency, if it has a fee fund, and if not,
to the state general fund of the
26 state except that
research, industrial, agricultural and educational matter
27 of general concern to the people of Kansas
may be distributed without
28 charge.
29 Sec.
64. K.S.A. 75-3148 is hereby amended to read as follows:
75-
30 3148. The secretary of the state
historical society director of history and
31 preservation is hereby authorized to
appoint an assistant secretary direc-
32 tor, librarian, museum director,
archeologist, state archivist, and such
33 other employees as may be necessary, within
available appropriations, and
34 for the Kansas department of history and
preservation. All of such em-
35 ployees, except the assistant
secretary director, shall be within the
clas-
36 sified service. The secretary and
the assistant secretary of the state his-
37 torical society
director of history and preservation and the assistant
38 director of the Kansas department of
history and preservation shall be
39 within the unclassified service.
40 Sec.
65. K.S.A. 75-3502 is hereby amended to read as follows:
75-
41 3502. For the purpose of the permanent
preservation of important state
42 records and to provide an orderly method
for the disposition of other
43 state records, there is hereby created the
state records board, consisting
52
1 of the attorney general, state
librarian, secretary of administration, sec-
2 retary of the state
historical society director of history and
preservation,
3 or their designated representatives,
the state archivist, and such ex officio
4 members as are hereinafter provided.
The attorney general shall be the
5 chairman
chairperson and the state archivist shall be the secretary
of the
6 board.
7 Sec.
66. K.S.A. 75-3509 is hereby amended to read as follows:
75-
8 3509. There is hereby established,
under the supervision and control of
9 the state historical
society Kansas department of history and
preservation,
10 a state records center which shall serve as
a depository for inactive records
11 of state agencies and departments. The
secretary of the state historical
12 society director of
history and preservation shall have authority to obtain
13 a suitable building or buildings to be used
as a records center, to employ
14 personnel for the records center staff, and
to supervise all operations of
15 the center. No expenditures shall be made
under this act or expense
16 incurred except in pursuance of specific
appropriations therefor.
17 Sec.
67. K.S.A. 76-2002d is hereby amended to read as follows:
76-
18 2002d. The custody and management of the
museum located on the
19 grounds of the John Brown memorial park in
the city of Osawatomie,
20 Kansas, is hereby vested in the
state historical society Kansas
department
21 of history and preservation. The
secretary of the state historical society
22 director of history and preservation
is hereby authorized to appoint a
23 caretaker for said museum.
24 Sec.
68. K.S.A. 76-2005a is hereby amended to read as follows:
76-
25 2005a. The land on which Pawnee Rock is
located and the roadway from
26 it to the town of Pawnee Rock, which
property was accepted by the gov-
27 ernor of the state of Kansas for and on
behalf of the state of Kansas in
28 accordance with chapter 87 of the 1908
Special Session Laws of Kansas,
29 is hereby designated and known as the
"Pawnee Rock historical state
30 park." Said The
park shall be under the control and management of the
31 state historical society, said
society to have the power to make Kansas
32 department of history and preservation.
The director of history and pres-
33 ervation may adopt such rules and
regulations relating to the use, pres-
34 ervation, improvement, control and
maintenance of said Pawnee Rock
35 historical state park as it shall
deem the director deems advisable.
36 Sec.
69. K.S.A. 76-2005b is hereby amended to read as follows:
76-
37 2005b. The board of trustees provided to be
appointed by chapter 87 of
38 the Laws of 1908 Special Session (referred
to in K.S.A. 76-2005) is hereby
39 abolished. All powers, functions and duties
of said that board of trustees
40 relating to Pawnee Rock are hereby
conferred and imposed upon the
41 executive secretary of the state
historical society director of history and
42 preservation.
43 Sec.
70. K.S.A. 76-2007 is hereby amended to read as follows:
76-
53
1 2007. The portion of said reservation
so set aside and designated by the
2 state board of regents for park
purposes, together with the strip of ground
3 along Big creek in section 4,
township 14, range 18, which has been
4 heretofore set aside for park
purposes, as modified by the redesignation
5 authorized by subsection (b) of
K.S.A. 76-2006 and amendments thereto,
6 shall be known as the Kansas frontier
historical park on the Fort Hays
7 military reservation, and said park
shall at all times be subject to the active
8 administration, supervision and
control of the secretary of the state his-
9 torical society
director of history and preservation. The custody and
man-
10 agement thereof shall be in such
secretary director, with the approval
of
11 the state board of regents. The
secretary of the state historical society
12 director of history and
preservation, subject to revision by the state board
13 of regents, may adopt all proper and
needful rules and regulations for the
14 use, preservation, improvement, control and
maintenance of said park
15 and grounds and buildings thereon, and may
permit such use of the
16 ground or any portion thereof, as is not
inconsistent with this act or the
17 act of which this section is amendatory or
with the purposes for which
18 said grounds have been set aside.
19 Sec.
71. K.S.A. 76-2007a is hereby amended to read as follows:
76-
20 2007a. (a) The state of Kansas is hereby
authorized to lease a tract of land
21 to the city of Hays for use as a golf
course open to the public or for such
22 other purpose as may be specified in the
lease entered into in accordance
23 with this act, which tract is located in
Ellis county, Kansas, in what is
24 officially known as the Kansas frontier
historical park on the Fort Hays
25 military reservation, and which tract is
described as follows: A tract of
26 land in the southeast quarter of section 5,
township 14 south, range 18
27 west of the sixth principal meridian, Ellis
county, Kansas, more particu-
28 larly described as follows: Beginning at a
point on the east line of section
29 5, at a point 846 feet north of the
southeast corner of section 5; thence
30 west one-half mile to the west line of the
southeast quarter of section 5;
31 thence north along the west line of the
southeast quarter, a distance of
32 1772 feet; thence with an angle of 90°
0' to the right, a distance of 251.19
33 feet; thence with an angle of 90° 0' to
the right, a distance of 110.78 feet;
34 thence with an angle of 28° 42'20
35 " to the left, a distance of 342.78 feet;
thence with an angle of 35° 13'00
36 " to the right, a distance of 445.70 feet;
thence with an angle of 74° 45'30
37 " to the left, a distance of 421.00 feet;
thence with an angle of 7° 00'06
38 " to the left, a distance of 201.56 feet;
thence with an angle of 80° 17'44
39 " to the left, a distance of 488.04 feet;
thence with an angle of 15° 05'58
40 " to the right, a distance of 379.85 feet
to the south right-of-way line of
41 alternate U.S. 183 highway; thence easterly
along the south right-of-way,
42 a distance of approximately 1,294 feet, to
the east line of section 5; thence
43 south along the east line to the point of
beginning, less any existing public
54
1 road right-of-way.
2 (b) Such
lease shall be signed by the secretary of the state
historical
3 society director
of history and preservation, attested by the secretary of
4 state and signed by the governing
body of the city or its authorized rep-
5 resentative. The lease shall be for a
period of 15 years and shall be entered
6 into upon such terms and conditions
as the secretary of the state historical
7 society director
of history and preservation and the governing body of
8 such city shall agree to, consistent
with the provisions of K.S.A. 76-2007b,
9 and amendments thereto, and such
lease shall require that the real estate
10 shall be maintained and operated by the
city at no cost to the state.
11 Sec.
72. K.S.A. 76-2007f is hereby amended to read as follows:
76-
12 2007f. Each of the leases entered into
pursuant to the provisions of this
13 act shall contain the following
restrictions or limitations on the use of the
14 tracts of land so leased: (a) No
earth-altering operation, other than land-
15 scaping, shall be undertaken on such
property without the written consent
16 of: (1) The Kansas state historical
society director of history and preser-
17 vation, with respect to that portion
of the tract of land described in sub-
18 section (a)(1) of K.S.A. 76-2007d and
amendments thereto which is under
19 the jurisdiction of said
society the Kansas department of history and
pres-
20 ervation; or (2) the state board of
regents, with respect to that portion of
21 the tract of land described in subsection
(a)(1) of K.S.A. 76-2007d and
22 amendments thereto which is under
the jurisdiction of said the state
board
23 of regents and the tract of land
described in subsection (a)(2) of K.S.A.
24 76-2007d and amendments thereto;
25 (b) the city, or
its designated agent, shall be liable for any damage to
26 any state-owned property or injury to any
persons; and
27 (c) the state
shall reserve the right to enter the premises and excavate
28 any area of historical significance on the
property leased.
29 Sec.
73. K.S.A. 76-2011 is hereby amended to read as follows:
76-
30 2011. The state historical society
shall be Kansas department of history
31 and preservation is the custodian of
the land described in K.S.A. 76-2008
32 and amendments thereto and the
buildings thereon which constitute the
33 buildings and site of the Old Shawnee
Mission.
34 Sec.
74. K.S.A. 76-2012 is hereby amended to read as follows:
76-
35 2012. The state historical
society Kansas department of history and pres-
36 ervation shall have the management
and control of said the real estate
37 described in K.S.A. 76-2008 and
amendments thereto after the same is
38 reduced to the possession of the state of
Kansas, and is authorized to do
39 all things necessary to and consistent with
the use of the same by the
40 state, as a place of
unusual historical interest. The said society
director of
41 history and preservation, in
its the director's discretion, may
cooperate
42 with patriotic societies in the use
thereof, not inconsistent with the pur-
43 poses of the state, and may accept gifts of
money, property or services
55
1 from organizations and individuals
and apply the same to the use and
2 benefit of the state in the
preservation and improvement and furnishing
3 of said such
real estate and buildings.
4 Sec.
75. K.S.A. 76-2015 is hereby amended to read as follows:
76-
5 2015. The state historical
society Kansas department of history and pres-
6 ervation shall be the
custodian of the Highland Presbyterian mission. The
7 advisory board of trustees heretofore
provided for by this section is hereby
8 abolished. The secretary of
the state historical society director of
history
9 and preservation is hereby
authorized to employ a caretaker for said
the
10 mission.
11 Sec.
76. K.S.A. 76-2016 is hereby amended to read as follows:
76-
12 2016. Said property The
Highland Presbyterian mission shall be managed
13 by the secretary of the state
historical society director of history and
14 preservations.
15 Sec.
77. K.S.A. 76-2017a is hereby amended to read as follows:
76-
16 2017a. On and after July 1,
1963, The custody, control and management
17 of the historic pony express station,
situated near Hanover in Washington
18 county, Kansas, shall be
is vested in the state historical society, said
society
19 to have the power to make
Kansas department of history and preserva-
20 tion. The director of history and
preservation may adopt such rules and
21 regulations relating to the use,
preservation, improvement, control and
22 maintenance of said
the historic pony express station as it shall
deem the
23 director deems advisable.
24 Sec.
78. K.S.A. 76-2018 is hereby amended to read as follows:
76-
25 2018. The following described land is
hereby declared to possess unusual
26 historical interest:
27 (1) All that part
of the forty acres out of the northeast quarter of
28 section thirty-three, and the sixteen acres
out of the southwest quarter of
29 section thirty-four and also the sixteen
acres out of the north half of
30 section thirty-three, all of township
fourteen, range thirty-one, in Gove
31 county, Kansas, not to exceed seventy-five
acres, commonly known as
32 "Monument Rocks and Sphynx," the exact
boundaries of which shall be
33 designated by the state historical
society Kansas department of history
34 and preservation, under such terms
and agreements as may be reached
35 with the owners of such land without
expense to the state except as may
36 be provided by law.
37 (2) All that part
of the thirty acres out of the southeast quarter of
38 section two, and forty-five acres out of
the southwest quarter of section
39 one, and all of the northwest quarter of
section twelve, and also the north-
40 east twenty acres out of the southwest
quarter of section twelve, all of
41 township fourteen, range twenty-six, in
Gove county, Kansas, not to ex-
42 ceed two hundred and sixty acres, commonly
known as "Castle Rock,"
43 the exact boundaries of which shall be
designated by the state historical
56
1 society Kansas
department of history and preservation, under such terms
2 and agreements as may be reached with
the owners of such land without
3 expense to the state except as may be
provided by law.
4 (3) All
that part of the south half of the southwest quarter of section
5 fourteen, township eleven, range
four, in Ottawa county, Kansas, not to
6 exceed thirty acres, commonly known
as "Rock City," the exact bound-
7 aries of which shall be designated by
the state historical society Kansas
8 department of history and
preservation, under such terms and agree-
9 ments as may be reached with the
owners of such land without expense
10 to the state except as may be provided by
law.
11 (4) All that part
of the southwest quarter of the southwest quarter of
12 section twenty-five, the south half of the
south half of section twenty-six,
13 the north half of the northeast quarter of
section thirty-five, and the
14 northwest quarter of the northwest quarter
of section thirty-six, all in
15 township thirty-one, range fifteen, in
Barber county, Kansas, not to ex-
16 ceed thirty acres, commonly known as the
"natural bridge," the exact
17 boundaries of which shall be designated by
the state historical society
18 Kansas department of history and
preservation, under such terms and
19 agreements as may be reached with the
owners of such land without
20 expense to the state except as may be
provided by law.
21 Sec.
79. K.S.A. 76-2019 is hereby amended to read as follows:
76-
22 2019. The state historical
society Kansas department of history and pres-
23 ervation shall have authority and is
hereby directed to take and acquire
24 such lands in the name of the state, by
donation, devise or bequests,
25 including any and all rights therein or
thereon, for the purpose of estab-
26 lishing, improving, keeping and maintaining
the same as state parks, and
27 shall have the power to do any and all
things necessary and proper to
28 carry out the intentions and purposes of
this act and to make. The director
29 of history and preservation may
adopt such rules and regulations as may
30 be necessary from time to time for such
purposes.
31 Sec.
80. K.S.A. 76-2022 is hereby amended to read as follows:
76-
32 2022. Said The
tract of land referred to in K.S.A. 76-2021 and
amendments
33 thereto is hereby designated as the
Marais des Cygnes Massacre Memorial
34 Park, and the same shall be under the
control and management of the
35 state historical society
Kansas department of history and preservation.
36 The advisory board of trustees
heretofore provided for by this section is
37 hereby abolished.
38 Sec.
81. K.S.A. 76-2024 is hereby amended to read as follows:
76-
39 2024. That upon the taking over of
said property by the state, the governor
40 shall designate the state
historical society The Kansas department of
his-
41 tory and preservation shall be the
custodian thereof, and he or she shall
42 direct the secretary of the state
historical society to of the property re-
43 ferred to in K.S.A. 76-2023 and
amendments thereto. The director of his-
57
1 tory and preservation shall
take such action as said secretary shall deem
2 the director deems necessary
and advisable for the proper preservation,
3 restoration, care and maintenance of
said such property.
4 Sec.
82. K.S.A. 76-2027 is hereby amended to read as follows:
76-
5 2027. It shall be
is unlawful for any person, being upon the premises of
6 any state park, site or facility of
which the Kansas state historical society
7 department of history and
preservation is trustee under the provisions of
8 K.S.A. 75-2701, or
any and amendments thereto, to damage, deface
or
9 destroy any building or part thereof
located upon such premises, or any
10 furnishings therein or thereon, or to
damage, destroy or deface any lawns,
11 trees, shrubbery, flowers, plants or
equipment located upon such prem-
12 ises; or to park or drive any motor or
other vehicle upon any part of such
13 premises except upon the duly established
drives, roads, streets or public
14 parking facilities as indicated by signs,
markers or notices established and
15 posted by the Kansas state
historical society department of history and
16 preservation or its
the duly authorized agents of the department; or
to
17 exceed any posted speed limit on drives,
roads or streets located on such
18 premises; or to picnic or engage in sports
or other recreational activities
19 in any areas upon such premises except
those designated for such purpose
20 by posted notices or signs of the Kansas
state historical society department
21 of history and preservation or
its the duly authorized agents of
the
22 department.
23 Sec.
83. K.S.A. 76-2028 is hereby amended to read as follows:
76-
24 2028. The Kansas state historical
society department of history and pres-
25 ervation may employ and commission a
person or persons as police of-
26 ficers at any such historical site, park or
building, and such person so
27 commissioned shall have the authority of
any police officer or sheriff for
28 the purpose of enforcing this act. The
jurisdiction of any prosecution
29 arising hereunder is hereby conferred upon
the district court of the
30 county in which such site, park or building
is located.
31 Sec.
84. K.S.A. 76-2031 is hereby amended to read as follows:
76-
32 2031. The state historical
society Kansas department of history and pres-
33 ervation is hereby authorized to
accept and hold, in the name of the state,
34 Old Grinter House, located in Muncie,
Wyandotte county, Kansas, to-
35 gether with tracts of land upon which the
dwelling is located and such
36 other contiguous tracts, with the
improvements thereon, as may be
37 deemed necessary by the historical
society department to properly estab-
38 lish and maintain an historical landmark
and museum to be known as the
39 "Historic Grinter Place." Such lands,
dwellings and improvements shall
40 be acquired in fee simple by gift, grant or
designation only for the purpose
41 of establishing and maintaining such an
historical landmark and museum.
42 The state historical
society Kansas department of history and
preservation
43 shall have the power to do any and all
things necessary to carry out the
58
1 intent and purpose of this act
and to make. The director of history
and
2 preservation may adopt such
rules and regulations for the use, enjoyment
3 and government of the premises as may
be necessary. Conveyances of
4 property shall not be accepted until
the attorney general shall have ex-
5 amined the abstract of title to
said such property and determined that
6 such conveyance would convey property
in fee simple to the state of
7 Kansas.
8 Sec.
85. K.S.A. 76-2033 is hereby amended to read as follows:
76-
9 2033. The state historical
society Kansas department of history and pres-
10 ervation is authorized and empowered
to accept from the Buffalo Bill
11 state park committee, inc., and hold, in
the name of the state, a tract of
12 land not to exceed 12 acres, the exact
boundaries of which shall be des-
13 ignated by the state historical
society department and agreed upon by the
14 owners of said such
lands. Such lands, insofar as possible, shall be the
15 same upon which the original Isaac Cody
homestead was filed in accord-
16 ance with Kansas state records. Such lands
shall be acquired for the pur-
17 pose of establishing and maintaining a
suitable historical landmark and
18 memorial to this famous and popular early
western hero and that period
19 of important early turbulent history from
which all Kansans have inherited
20 their traditional and indomitable spirit.
The state historical society Kansas
21 department of history and
preservation shall have the power to do any
22 and all things necessary to carry out the
intent and purpose of this act
23 and to make. The
director of history and preservation may adopt such
24 rules and regulations for the use,
enjoyment and government of the prem-
25 ises as may be necessary. Conveyance of
said such tract of land shall not
26 be accepted until the attorney general
shall have examined the abstract
27 of title of said land and determined that
such conveyance would convey
28 such land in proper order to the state of
Kansas.
29 Sec.
86. K.S.A. 76-2035 is hereby amended to read as follows:
76-
30 2035. The state historical
society Kansas department of history and pres-
31 ervation is authorized and empowered
to accept and hold, in the name
32 of the state, the dwelling house upon
said such premises, together with
33 a tract of land upon which such dwelling
house is located, not to exceed
34 two (2) acres, the exact
boundaries of which shall be designated by the
35 state historical society,
department and agreed upon by the owners of
said
36 such lands. Such lands and the
improvements thereon shall be acquired
37 in fee simple by gift, grant or designation
for the purpose of establishing
38 and maintaining it as an historical
landmark and memorial to the father
39 of the Kansas common-school system,
cofounder of the first land grant
40 university, and leader of a Kansas free
state colony and the generation of
41 pioneers he represented. The state
historical society Kansas department
42 of history and preservation shall
have the power to do any and all things
43 necessary to carry out the intent and
purpose of this act and to make. The
59
1 director of history and
preservation may adopt such rules and regulations
2 for the use, enjoyment and government
of the premises as may be nec-
3 essary. Conveyance of
said such tract of land shall not be
accepted until
4 the attorney general shall have
examined the abstract of title to said
such
5 land and determine
determined that such conveyance would convey such
6 land in fee simple to the state of
Kansas.
7 Sec.
87. K.S.A. 76-2039 is hereby amended to read as follows:
76-
8 2039. Upon acquisition of the
property described in K.S.A. 76-2036 and
9 amendments thereto as
authorized by this act, the same shall be placed
10 under the control and management of the
state historical society and said
11 society shall have power
to Kansas department of history and preserva-
12 tion. The director of history and
preservation may adopt such rules and
13 regulations relating to the use,
preservation, improvement, control and
14 maintenance thereof.
15 Sec.
88. K.S.A. 76-2043 is hereby amended to read as follows:
76-
16 2043. Upon acquisition of the property
described in K.S.A. 76-2040 and
17 amendments thereto as authorized by
this act, the same shall be placed
18 under the control and management of the
state historical society and said
19 society Kansas
department of history and preservation and the depart-
20 ment is authorized to do all things
necessary to and consistent with the
21 use of the same by the state as a place of
unusual historical interest and.
22 The director of history and
preservation may adopt and enforce rules and
23 regulations relating to the use,
preservation, improvement, control and
24 maintenance thereof. Said
area The property shall be known and desig-
25 nated as the Mine Creek Historical
Park.
26 Sec.
89. K.S.A. 76-2047 is hereby amended to read as follows:
76-
27 2047. The state historical
society Kansas department of history and pres-
28 ervation is hereby authorized to
purchase the land described in K.S.A.
29 76-2046 and amendments thereto in
fee simple in the name of the state
30 from moneys appropriated for such purpose.
Before any agreement shall
31 be made to purchase such land, three
(3) disinterested appraisers shall
32 be appointed in accordance with the
provisions of K.S.A. 75-3043a and
33 amendments thereto to determine the
market value thereof, and no agree-
34 ment shall be entered into nor purchase
made of the land so appraised
35 for a consideration greater than such
market value appraisal. Such lands
36 shall be acquired in the name of the state
of Kansas, and the state his-
37 torical society Kansas
department of history and preservation shall not
38 issue a voucher in payment therefor until
the attorney general shall have
39 examined the abstract of title and deed to
such land and has determined
40 that such conveyance will convey such lands
in fee simple to the state of
41 Kansas.
42 Sec.
90. K.S.A. 76-2048 is hereby amended to read as follows:
76-
43 2048. Upon acquisition of the property
described in K.S.A. 76-2046 and
60
1 amendments thereto, as
authorized by this act, the same shall be placed
2 under the control and management of
the state historical society and said
3 society shall have power
to Kansas department of history and preserva-
4 tion. The director of history and
preservation may adopt such rules and
5 regulations relating to the use,
preservation, improvement, control and
6 maintenance thereof.
7 Sec.
91. K.S.A. 76-2050 is hereby amended to read as follows:
76-
8 2050. (a) The state
historical society Kansas department of history
and
9 preservation is authorized and
empowered to acquire by purchase or by
10 condemnation proceedings the land described
in K.S.A. 76-2049 and
11 amendments thereto in fee simple in
the name of the state from moneys
12 appropriated for such purpose. Before any
agreement shall be made to
13 purchase such land and house, three
disinterested appraisers shall be
14 appointed in accordance with the provisions
of K.S.A. 75-3043a, and
15 amendments thereto, to determine the market
value thereof, and no
16 agreement shall be entered into nor
purchase made of the land so ap-
17 praised for a consideration greater than
such market value appraisal.
18 (b) In lieu of
acquisition by purchase or condemnation as provided
19 in subsection (a), the state
historical society Kansas department of history
20 and preservation is authorized and
empowered to enter into an agree-
21 ment to acquire the land described in
K.S.A. 76-2049 and amendments
22 thereto by exchanging a specific
tract or tracts of state-owned land, and
23 any improvements thereon, for the land
described in K.S.A. 76-2049 and
24 amendments thereto, subject to
approval of the terms of such agreement
25 by the legislature or the state finance
council acting on this matter which
26 is hereby characterized as a matter of
legislative delegation and subject
27 to the guidelines prescribed in subsection
(c) of K.S.A. 75-3711c and
28 amendments thereto. Any such tract or
tracts of state-owned land shall
29 be of comparable value to the land
described in K.S.A. 76-2049 and
30 amendments thereto.
31 (c) The land
described in K.S.A. 76-2049 and amendments thereto
32 shall be acquired in the name of the state
of Kansas and the state historical
33 society Kansas
department of history and preservation shall not issue a
34 voucher in payment thereof under subsection
(a) and shall not enter into
35 an exchange agreement under subsection (b)
until the attorney general
36 shall have examined the abstract of title
and deed to such land and has
37 determined that such conveyance will convey
such land in fee simple to
38 the state of Kansas.
39 Sec.
92. K.S.A. 76-2051 is hereby amended to read as follows:
76-
40 2051. Upon acquisition of the property
described in K.S.A. 76-2049 and
41 amendments thereto as authorized by
this act, the same shall be placed
42 under the control and management of the
state historical society and the
43 society shall have power
to Kansas department of history and preserva-
61
1 tion. The director of history and
preservation may adopt such rules and
2 regulations relating to the use,
preservation, improvement, control and
3 maintenance thereof.
4 Sec.
93. K.S.A. 76-2054 is hereby amended to read as follows:
76-
5 2054. Upon acquisition of the
Lecompton constitutional hall and land
6 described in K.S.A. 76-2052 and
amendments thereto as authorized by
7 this act, the same shall be placed
under the control and management of
8 the state historical
society Kansas department of history and
preservation
9 and the society
department shall establish and maintain such building
and
10 land as a historical landmark and museum to
be known as "historic Le-
11 compton constitutional hall." The
society director of history and preser-
12 vation may adopt rules and
regulations relating to the use, preservation,
13 improvement, control and maintenance of
such building and land.
14 Sec.
94. K.S.A. 76-2056 is hereby amended to read as follows:
76-
15 2056. (a) The state historical
society director of history and preservation
16 may permit the use of facilities and real
property under the control of the
17 society Kansas
department of history and preservation by groups for such
18 special events as the
society director determines are in the
public interest
19 and will further the purposes of the
society Kansas department of history
20 and preservation. The
society director of history and
preservation shall
21 adopt policies and guidelines for such use,
consistent with the provisions
22 of this section.
23 (b)
(1) The state historical society
director of history and preserva-
24 tion may establish a schedule of
reasonable fees for the use of its the
25 facilities or real property of the
Kansas department of history and pres-
26 ervation pursuant to this section.
The society shall remit All moneys re-
27 ceived from such fees shall be
remitted to the state treasurer at least
28 monthly. Upon receipt of such moneys, the
state treasurer shall deposit
29 the entire amount in the state treasury and
credit it to the state historical
30 society facilities and
real property fund which is hereby created. All ex-
31 penditures from such fund shall be made in
accordance with appropria-
32 tion acts upon warrants of the director of
accounts and reports issued
33 pursuant to vouchers approved by the
secretary of the state historical
34 society or a person designated by the
secretary. Moneys in the fund shall
35 be expended only for the purpose of paying
costs associated with the use
36 of facilities or real property pursuant to
this section, including compen-
37 sation of any personnel needed to oversee
such use.
38 (2) On July 1,
2000, the director of accounts and reports shall transfer
39 all moneys in the state historical
society facilities fund to the facilities and
40 real property fund of the Kansas
department of history and preservation.
41 On July 1, 2000, all liabilities of the
state historical society facilities fund
42 are hereby transferred to and imposed on
the facilities and real property
43 fund of the Kansas department of history
and preservation and the state
62
1 historical society facilities fund
is hereby abolished. On and after July 1,
2 2000, whenever the state
historical societies facilities fund, or words of
3 like effect, is referred to or
designated by a statute, contract or other
4 document, such reference or
designation shall be deemed to apply to the
5 facilities and real property fund
of the Kansas department of history and
6 preservation.
7 (c) Nothing
in this section shall be construed to authorize a charge
8 for general admission to a facility
or real property under the control of
9 the state historical
society Kansas department of history and
preservation
10 unless otherwise authorized by law.
11 (d) The
state historical society director of history
and preservation
12 may adopt such rules and regulations as
necessary to implement and ad-
13 minister the provisions of this
section.
14 Sec.
95. K.S.A. 77-138 is hereby amended to read as follows:
77-138.
15 (a) Volumes of the Kansas Statutes
Annotated shall be printed and bound
16 by the director of printing and delivered
to the secretary of state who
17 shall dispose of them as follows:
18 First, the
secretary of state shall deposit in the supreme court law
19 library and in the state library such
number of copies as the state law
20 librarian and the state librarian,
respectively, shall request for use in the
21 law library and the state library, for the
purposes of the publication col-
22 lection and depository system established
under K.S.A. 75-2566 and
23 amendments thereto, and for the purpose of
making exchanges with the
24 various states and territories, and the
secretary of state shall retain one
25 set for the secretary's use in the
secretary's office.
26 Second, (1) the
secretary of state shall distribute two complete sets of
27 the Kansas Statutes Annotated to each
member of the legislature at each
28 regular session, one set of which shall
have the respective member's name
29 printed thereon.
30 (2) The secretary
of state shall distribute such number of complete
31 sets and individual volumes of the Kansas
Statutes Annotated (A) to the
32 office of revisor of statutes as the
revisor of statutes shall request, (B) to
33 the legislative research department as the
director of legislative research
34 shall request, (C) to the division of post
audit as the post auditor shall
35 request, (D) to the division of legislative
administrative services as the
36 director of legislative administrative
services shall request, and (E) to the
37 judicial branch of state government as the
chief justice of the supreme
38 court shall request.
39 (3) The secretary
of state shall distribute: (A) Two sets to each rep-
40 resentative in congress and United States
senator from the state of Kan-
41 sas, upon request by such representative or
senator; (B) one set each to
42 the governor, lieutenant governor and
attorney general; (C) to Washburn
43 university school of law, the number of
sets, not to exceed 60 sets, that
63
1 the librarian of the school of law
certifies to the secretary of state as
2 necessary for the purpose of
exchanging with other states and territories
3 and to be kept in the library for the
use of faculty and students of the
4 university; (D) to the school of law
of the university of Kansas, the number
5 of sets, not to exceed 60 sets, that
the librarian of the school of law certifies
6 to the secretary of state as
necessary for the purpose of exchanging with
7 other states and territories and to
be kept in the library for the use of
8 faculty and students of the
university; (E) to the clerk of the district court
9 of the United States for the state of
Kansas, the number of sets, not to
10 exceed five sets, as are requested by such
clerk; (F) one set to each county
11 law library in the state, upon request by
the librarian thereof; (G) to each
12 county clerk, the number of sets requested
by the county clerk, not to
13 exceed seven sets, to be distributed not
more than one set each to the
14 county or district attorney, the county
clerk, the county counselor, if any,
15 the register of deeds, the sheriff, the
county treasurer, and the board of
16 county commissioners, which set shall be
retained by the county clerk for
17 use by such board; (H) not more than one
set to each city of the third
18 class, one set to each city of the second
class and two sets to each city of
19 the first class, upon request by the city
clerk; and (I) one set to the state
20 historical society library
of the Kansas department of history and
21 preservation.
22 Third, the
balance of statute books, after the above distribution shall
23 be kept by the secretary of state for
sale.
24 (b) The secretary
of state shall sell each volume of the Kansas Statutes
25 Annotated, including replacement volumes,
at the per volume price fixed
26 therefor by the legislative coordinating
council under this section. Gen-
27 eral index volumes, when sold separately
and not as a part of a set of
28 cumulative supplements, shall be sold at
the per volume price fixed there-
29 for by the legislative coordinating
council. The secretary of state shall
30 remit all moneys received from such sales
under this section to the state
31 treasurer at least monthly and the state
treasurer shall deposit the entire
32 amount of each such remittance in the state
treasury to the credit of the
33 state general fund.
34 (c) The
legislative coordinating council shall fix the per volume price
35 of each volume of the Kansas Statutes
Annotated, including replacement
36 volumes, sold under this section to recover
the costs of printing and bind-
37 ing such volumes. The legislative
coordinating council shall revise such
38 prices from time to time for the purposes
of covering and recovering such
39 costs.
40 Sec.
96. K.S.A. 77-430 is hereby amended to read as follows:
77-430.
41 (a) The Kansas administrative regulations
shall be printed by the director
42 of printing and delivered to the secretary
of state who shall dispose of
43 them as follows:
64
1 First,
the secretary of state shall deposit in the supreme court law
2 library and the state library such
number of copies as the state law li-
3 brarian and the state librarian,
respectively, shall request for use in the
4 law library and the state library,
for purposes of the publication collection
5 and depository system established
under K.S.A. 75-2566 and amend-
6 ments thereto, and for the purpose of
exchange. The secretary of state
7 shall distribute to the university of
Kansas school of law and to Washburn
8 university school of law the number
of copies as the librarians of the
9 schools of law, respectively, certify
to the secretary of state as necessary
10 for the purpose of exchange. The secretary
of state shall retain two copies
11 for use in the secretary of state's
office.
12 Second, the
secretary of state shall distribute:
13 (1) One copy to
each member of the legislature at the time of taking
14 office, after election or appointment, for
the member's first term of office
15 as a member of either house of the
legislature which commences on or
16 after the second Monday of January in 1991,
except that a term of office
17 as a member of either house of the
legislature, whether a complete or
18 partial term of office, shall not be
construed for purposes of this distri-
19 bution to be the member's first term of
office if such term of office is
20 part of a continuous period of service as a
member of either house of the
21 legislature or both houses of the
legislature, in any combination of con-
22 secutive terms of office;
23 (2) one copy each
to the governor, lieutenant governor, attorney gen-
24 eral and state historical
society the library of the Kansas department
of
25 history and preservation;
26 (3) to the
several offices of the judicial branch of state government,
27 the number of copies necessary to conduct
the official business of such
28 offices, as requested by the chief justice
of the supreme court;
29 (4) two copies to
the Washburn university school of law, for use in
30 the law library, and two copies to the
university of Kansas school of law,
31 for use in the law library;
32 (5) one copy to
each county law library, upon request by the librarian
33 thereof;
34 (6) one copy to
the city library in each city of the first and second
35 classes, upon request by the librarian
thereof; and
36 (7) one copy to
each county library, upon request by the librarian
37 thereof.
38 Third, the
secretary of state shall distribute to the several offices of
the
39 legislative branch of government, the
number of copies necessary to con-
40 duct the official business of such offices,
as follows: (1) To the office of
41 revisor of statutes as the revisor of
statutes shall request; (2) to the leg-
42 islative research department as the
director of legislative research shall
43 request; (3) to the division of post audit
as the post auditor shall request;
65
1 and (4) to the division of
legislative administrative services as the director
2 of legislative administrative
services shall request.
3 Fourth,
the balance of the Kansas administrative regulations after such
4 distribution shall be kept by the
secretary of state for sale as provided by
5 this section.
6 (b) The
Kansas administrative regulations may be purchased in com-
7 plete sets or in single volumes.
Single volumes of the Kansas administra-
8 tive regulations shall be sold by the
secretary of state at the per volume
9 price fixed by the secretary of state
under this section. Complete sets of
10 the Kansas administrative regulations shall
be sold by the secretary of
11 state at the per set price fixed therefor
by the secretary of state under
12 this section. Copies may be delivered by
postpaid mail by the secretary
13 of state.
14 (c) All moneys
received from such sales shall be remitted to the state
15 treasurer at least monthly and the state
treasurer shall deposit the entire
16 amount of each such remittance in the state
treasury to the credit of the
17 state general fund.
18 (d) The secretary
of state shall fix by rules and regulations the per
19 volume and complete set prices of the
Kansas administrative regulations
20 sold under this section to recover the
costs of printing and binding such
21 volumes. The secretary of state shall
revise such prices from time to time
22 for the purposes of covering and recovering
such costs.
23 Sec.
97. K.S.A. 82a-326 is hereby amended to read as follows:
82a-
24 326. When used in this act:
25 (a) "Water
development project" means any project or plan which
26 may be allowed or permitted pursuant to
K.S.A. 24-126, 24-1213, 82a-
27 301 et seq., and amendments thereto,
or the multipurpose small lakes
28 program act, and amendments thereto;
29
(b) "environmental review agencies" means the:
30 (1) Kansas
department of wildlife and parks;
31 (2) Kansas forest
service;
32 (3) state
biological survey;
33 (4) Kansas
department of health and environment;
34 (5) state
historical society Kansas department of history
and
35 preservation;
36 (6) state
conservation commission; and
37 (7) state
corporation commission.
38 Sec. 98. K.S.A. 12-17,104,
22a-232, 45-106, 45-116, 45-404, 45-405,
39 45-406, 58-2009, 58-2010, 58-4012, 64-106,
74-5402, 74-5406, 74-5408,
40 74-6614, 75-104, 75-1023, 75-2250, 75-2251,
75-2266, 75-2566, 75-2701,
41 75-2702, 75-2703, 75-2704, 75-2705,
75-2713, 75-2714, 75-2717, 75-
42 2718, 75-2719a, 75-2721, 75-2722, 75-2723,
75-2725, 75-2726, 75-2728,
43 75-2729, 75-2743, 75-2744, 75-2748,
75-2749, 75-2753, 75-3048, 75-
66
1 3148, 75-3502, 75-3509, 76-2002d,
76-2005a, 76-2005b, 76-2007, 76-
2 2007a, 76-2007f, 76-2011, 76-2012,
76-2015, 76-2016, 76-2017a, 76-2018,
3 76-2019, 76-2022, 76-2024, 76-2027,
76-2028, 76-2031, 76-2033, 76-
4 2035, 76-2039, 76-2043, 76-2047,
76-2048, 76-2050, 76-2051, 76-2054,
5 76-2056, 77-138, 77-430 and 82a-326
and K.S.A. 1999 Supp. 12-120, 38-
6 1506, 38-1607, 41-719, 41-719a,
45-412, 58-2011, 73-209, 74-9001, 74-
7 9201 and 75-2935 are hereby
repealed.
8 Sec. 99. This act
shall take effect and be in force from and after its
9 publication in the statute book.