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Session of 2000
          HOUSE BILL No. 2827           By Representatives Kuether, Gilbert, Kirk, O'Brien, Phelps, Ruff,           Toelkes, and Welshimer           2-2          

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11             AN  ACT concerning the capitol; relating to memorials on the capitol
12             grounds; prescribing certain powers, duties, functions, guidelines and
13             procedures.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. (a) The secretary of administration shall review the his-
17       toric structures report on the capitol and shall develop and maintain a
18       preservation plan for the capitol grounds. In addition, the secretary of
19       administration shall develop guidelines and standards for memorials on
20       the grounds of the capitol. All guidelines and standards for memorials on
21       the grounds of the capitol shall be consistent with the statement of pur-
22       pose and use for the capitol grounds and shall be designed to:
23             (1) Ensure the subjects of memorials are of historic and lasting sig-
24       nificance for Kansas;
25             (2) ensure the design excellence of all memorials on the grounds of
26       the capitol;
27             (3) preserve, protect and enhance the limited amount of available
28       space on the capitol grounds;
29             (4) preserve and further the implementation of the long-range plan
30       of development for the capitol area;
31             (5) ensure that memorials proposed for the grounds of the capitol are
32       appropriately planned, designed and sited and are reviewed, funded and
33       constructed in a timely manner;
34             (6) ensure that adequate and appropriate opportunities are provided
35       for the involvement of or comment by interested members of the public
36       throughout the development of the proposal for the memorial; and
37             (7) ensure that individuals, groups and organizations have a clear un-
38       derstanding of the process that must be completed in order to propose
39       and to have a memorial constructed or placed on the grounds of the
40       capitol.
41             (b) After advising and consulting with the state historic preservation
42       officer, the Kansas arts commission, the legislative coordinating council
43       and the heads of other state agencies with offices located in the capitol,

2
  1       the secretary of administration shall recommend guidelines and standards
  2       for memorials on the grounds of the capitol to the capitol area plaza
  3       authority. After receipt of such guidelines and standards, the capitol area
  4       plaza authority shall review and consider such guidelines and standards.
  5       If the authority approves of the proposed guidelines and standards, the
  6       authority shall adopt the proposed guidelines and standards for memorials
  7       on the grounds of the capitol. If the authority does not adopt the rec-
  8       ommended guidelines and standards or any amendments thereto, the
  9       authority shall make recommendations to the secretary of administration
10       for amendments or additions to the proposed guidelines and standards
11       or any amendments thereto.
12             (c) In the same manner, the secretary of administration may propose
13       and recommend amendments or additions to the guidelines and standards
14       for memorials on the grounds of the capitol for consideration by the
15       capitol area plaza authority.
16             Sec.  2. (a) No memorial shall be constructed or placed on the
17       grounds of the capitol except in accordance with the procedures and
18       subject to the conditions and limitations prescribed by this act. Each
19       proposal for a memorial to be constructed or placed on the grounds of
20       the capitol shall be consistent with the statement of purpose and use
21       adopted for the grounds of the capitol and shall be subject to the guide-
22       lines and standards for memorials on the grounds of the capitol adopted
23       by the capitol area plaza authority.
24             (b) In addition to other requirements or provisions of law applicable
25       thereto, each proposal for a memorial to be constructed or placed on the
26       grounds of the capitol shall be submitted to the secretary of administra-
27       tion for consideration in accordance with this act. Prior to being adopted
28       or rejected by the secretary of administration, each such proposal shall
29       be submitted to and reviewed and considered by the following officials:
30             (1) The state historic preservation officer;
31             (2) the director of facilities management of the department of ad-
32       ministration; and
33             (3) the director of legislative administrative services.
34             (c) The secretary of administration shall receive and consider the rec-
35       ommendations from the state historic preservation officer, director of
36       facilities management of the department of administration and director
37       of legislative administrative services regarding any such proposal prior to
38       adopting any recommendation regarding such proposal. After review and
39       consideration of the recommendations from each such official, the sec-
40       retary of administration may approve or reject the proposal. If the sec-
41       retary of administration recommends approval of any such proposal, the
42       secretary shall submit the proposal to the capitol area plaza authority for
43       consideration by the authority.

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  1             (d) Each memorial proposed to be constructed or placed on the
  2       grounds of the capitol that is recommended by the secretary of admin-
  3       istration shall be presented to the capitol area plaza authority. If any such
  4       proposal is approved by the capitol area plaza authority, such proposal
  5       shall be submitted to the governor and the legislative coordinating council
  6       for appropriate action.
  7             Sec.  3. (a) The primary considerations as to whether a proposed me-
  8       morial is approved for the capitol grounds shall be the significance and
  9       relevance of any memorial proposed to be constructed or placed on the
10       grounds of the capitol and the extent to which the proposed memorial
11       complies with the requirements of, is consistent with and furthers the
12       purposes and implementation of the preservation plan for the grounds of
13       the capitol and the guidelines and standards for memorials on the grounds
14       of the capitol.
15             (b) No memorial shall be constructed or placed on the grounds of
16       the capitol without specific authorization for such memorial by act of the
17       legislature.
18             Sec.  4. As used in this act, "memorial" means any commemorative
19       plaque, monument, sculpture, statuary, work of art or other object, struc-
20       ture or capital improvement project, but does not include construction
21       or maintenance of walkways or roadways or any landscaping, landscape
22       gardening or other maintenance or development of the capitol grounds
23       unless such project or activity is specifically for commemorative purposes.
24        Sec.  5. This act shall take effect and be in force from and after its
25       publication in the Kansas register.