[As Amended by Senate Committee of the
Whole]
As Amended by Senate Committee
[As Amended by House Committee of the
Whole]
Session of 2000
Substitute for HOUSE BILL No. 2605
By Kansas 2000 Select Committee
2-16
12 AN ACT creating
a new state agency designated as the Kansas state
his-
13 torical
society department of history and
preservation; transferring
14 powers, duties and
functions from the not-for-profit Kansas state his-
15 torical society, inc.,
to the new state agency; amending K.S.A. 12-
16 17,104, 22a-232,
45-106, 45-116, 45-404, 45-405, 45-406, 58-2009, 58-
17 2010, 58-4012, 64-106,
74-5402, 74-5406, 74-5408, 74-6614, 75-104,
18 75-1023, 75-2250,
75-2251, 75-2266, 75-2566, 75-2701, 75-2702, 75-
19 2703, 75-2704,
75-2705, 75-2713, 75-2714, 75-2717, 75-2718, 75-
20 2719a, 75-2721,
75-2722, 75-2723, 75-2725, 75-2726, 75-2728, 75-
21 2729, 75-2743,
75-2744, 75-2748, 75-2749, 75-2753, 75-3048, 75-3148,
22 75-3502, 75-3509,
76-2002d, 76-2005a, 76-2005b, 76-2007, 76-2007a,
23 76-2007f, 76-2011,
76-2012, 76-2015, 76-2016, 76-2017a, 76-2018, 76-
24 2019, 76-2022,
76-2024, 76-2027, 76-2028, 76-2031, 76-2033, 76-2035,
25 76-2039, 76-2043,
76-2047, 76-2048, 76-2050, 76-2051, 76-2054, 76-
26 2056, 77-138, 77-430
and 82a-326 and K.S.A. 1999 Supp. 12-120, 38-
27 1506, 38-1607, 41-719,
45-412, 58-2011, 73-209, 74-9001, 74-9201 and
28 75-2935 and repealing
the existing sections; also repealing K.S.A. 1999
29 Supp. 41-719a.
30
31 Be it enacted by the Legislature of the
State of Kansas:
32 New Section
1. As used in this act:
33 (a) ``Director of
the Kansas state historical society
department of
34 history and preservation''
means the director of the Kansas state
his-
35 torical society
department of history and preservation created by
sec-
36 tion 2 and amendments thereto;
37 (b) ``Kansas
state historical society department
of history and pres-
38 ervation'' means the Kansas
state historical society department
of his-
39 tory and preservation created
by section 2 and amendments thereto;
40
(c) ``not-for-profit corporation'' or ``not-for-profit Kansas
state histor-
41 ical society, inc.,'' means the
not-for-profit Kansas state historical society,
2
1 inc., that was incorporated under the
laws of Kansas, that is approved as
2 a not-for-profit corporation under
section 501(c)(3) of the federal internal
3 revenue code of 1986, as amended, and
that was designated the trustee
4 of the state by K.S.A. 75-2701 as it
existed prior to being amended by
5 this act;
6
(d) ``powers, duties and functions of the not-for-profit
corporation''
7 means all of the powers, duties and
functions of the not-for-profit cor-
8 poration that were authorized to be
exercised or performed by the not-
9 for-profit corporation as trustee of
the state and shall not include any
10 power, duty or function that the
not-for-profit Kansas state historical so-
11 ciety, inc., is authorized to exercise or
perform solely as a corporation
12 organized under the laws of Kansas;
13 (e) ``powers,
duties and functions of the secretary of the state histor-
14 ical society'' means all of the powers,
duties and functions of the secretary
15 or executive director of the not-for-profit
corporation that were author-
16 ized to be exercised or performed by such
secretary or executive director
17 as the chief administrative officer of the
not-for-profit corporation as trus-
18 tee of the state and all other powers,
duties and functions that are spe-
19 cifically provided or delegated by statute
to the secretary or executive
20 director of the not-for-profit corporation
as a state officer;
21 (f) ``records and
property of the not-for-profit corporation'' means all
22 of the records and property of the
not-for-profit corporation which have
23 been created, received or acquired by or
which are otherwise in the cus-
24 tody or control of the not-for-profit
corporation as trustee of the state
25 and shall not include any records or
property that the not-for-profit cor-
26 poration created or acquired solely for the
purposes or in the name of
27 the not-for-profit corporation as a
corporation organized under the laws
28 of Kansas and not as the not-for-profit
corporation as trustee of the state;
29 (g) ``rules and
regulations'' means rules and regulations adopted in
30 accordance with the rules and regulations
filing act; and
31
(h) ``not-for-profit corporation as trustee of the state''
means the not-
32 for-profit corporation acting in its
capacity as trustee of the state or oth-
33 erwise as a state agency under the statutes
and law in effect prior to July
34 1, 2000
[2001] 2000.
35 New Sec.
2. (a) There is hereby created within the executive branch
36 of state government the Kansas
state historical society department
of
37 history and preservation,
which shall be administered under the direc-
38 tion and supervision of the director of the
Kansas state historical society
39 department of history and
preservation. The governor shall appoint
40 the director of the Kansas state
historical society department of
history
41 and preservation, subject to
confirmation by the senate as provided in
42 K.S.A. 75-4315b and amendments thereto. The
governor shall may ap-
43 point the director of the Kansas
state historical society department
of
3
1 history and
preservation from the list of three qualified persons
nom-
2 inated by the not-for-profit Kansas
state historical society, inc., pursuant
3 to this section. The director of the
Kansas state historical society
de-
4 partment of history and
preservation shall serve at the pleasure of the
5 governor. The director of the Kansas
state historical society
department
6 of history and
preservation shall receive an annual salary fixed by
the
7 governor.
8 (b) The
director of the Kansas state historical
society department of
9 history and
preservation shall be qualified by education or training
and
10 experience in the field of history,
historic preservation, education, mu-
11 seum administration or a related field and
shall have demonstrated ex-
12 ecutive and administrative ability to
discharge the duties of the office of
13 director of the Kansas state
historical society department of history
and
14 preservation.
15 (c) An evaluation
of the director of the Kansas state historical
society
16 department of history and
preservation shall be conducted annually
17 by the executive committee of the
not-for-profit Kansas state historical
18 society, inc., and shall be submitted to
the governor for review. Whenever
19 the office of the director of the Kansas
state historical society
department
20 of history and preservation
becomes vacant, the not-for-profit Kansas
21 state historical society, inc., shall be
notified of such vacancy and shall
22 prepare and submit a list of three
qualified nominees to the governor.
23 (d) Within 180
days after the effective date of this act, the not-for-
24 profit Kansas state historical society,
inc., shall prepare and submit a list
25 of three qualified nominees to the governor
and the governor shall
may
26 appoint the first director of the Kansas
state historical society
department
27 of history and preservation
from among such nominees. On or after
28 the effective date of this act, the
governor shall appoint an acting director
29 of the Kansas state historical
society department of history and
pres-
30 ervation as provided in
K.S.A. 75-4315a and amendments thereto to
31 serve until the first director of the
Kansas state historical society
depart-
32 ment of history and
preservation is appointed.
33 New Sec.
3. (a) The director of the Kansas state historical
society
34 department of history and
preservation may organize the Kansas
state
35 historical society
[department of history and preservation] in the
man-
36 ner the director deems most efficient, so
long as the same is not in conflict
37 with the provisions of law and the director
may establish policies govern-
38 ing the transaction of business and the
administration of the Kansas state
39 historical society
department of history and preservation.
40 (b) In addition
to other authority provided by statute, the director of
41 the Kansas state historical
society department of history and
preser-
42 vation may enter into
contracts with appropriate public and private en-
43 tities for the purposes assisting or
enhancing the functions, activities and
4
1 operations of the Kansas state
historical society, including the collections,
2 museums, historic sites,
publications, records, archives, research services
3 and other programs and activities of
the department. In particular, the
4 director of the Kansas
state historical society [department
of history
5 and preservation] shall
enter into one or more contracts with the not-
6 for-profit Kansas state historical
society, inc., to provide space for the
7 museum store operated by the
not-for-profit corporation in the Kansas
8 museum of history, to provide other
space for office and administrative
9 activities for the not-for-profit
corporation at the Kansas history center,
10 to provide space in buildings or other
facilities at each state historical
11 property for appropriate uses and purposes
as may be requested by the
12 not-for-profit corporation, and to
otherwise provide assistance or make
13 available equipment and facilities to the
not-for-profit corporation for the
14 purposes of continuing and further
developing a mutually beneficial re-
15 lationship with the not-for-profit
corporation in furtherance and enhance-
16 ment of the historic interests of
Kansas.
17 (c) The director
of the Kansas state historical society
department of
18 history and preservation
shall meet, advise and consult on a regular
19 basis with the board of directors and the
executive committee of the not-
20 for-profit Kansas state historical society,
inc., to set policy and agency
21 direction regarding the museum, library,
archives and other collections,
22 state historic properties and the other
programs and activities of the Kan-
23 sas state historical
society department of history and
preservation cre-
24 ated by this act. The director of the
Kansas state historical society
de-
25 partment of history and
preservation shall meet with and shall solicit
26 and give consideration to the
recommendations of the not-for-profit Kan-
27 sas state historical society, inc., and
shall take under advisement all rec-
28 ommendations of interested Kansans on
matters concerning documen-
29 tation and development of the historic
heritage of Kansas. To the extent
30 practicable and appropriate, the director
of the Kansas state historical
31 society
department of history and preservation shall utilize
the assis-
32 tance of the not-for-profit Kansas state
historical society, inc., and other
33 not-for-profit, statewide or local historic
preservation organizations, local
34 historical societies or other groups of
interested Kansans regarding such
35 collections and historic properties of the
state.
36 New Sec.
4. (a) On July 1, 2000
[2001] 2000, the
public office and
37 legal trusteeship of the not-for-profit
Kansas state historical society, inc.,
38 as such office and trusteeship were
conferred by and existed under au-
39 thority of K.S.A. 75-2701 and other
statutes, as such statutes existed prior
40 to amendment by this act, are hereby
withdrawn and declared to no
41 longer exist as duties and authorities of
the not-for-profit Kansas state
42 historical society, inc., except as
otherwise specifically provided by this
43 act. On July 1, 2000
[2001] 2000, the
public office of the secretary of
5
1 the state historical society and the
public office of the executive director
2 of the state historical society, as
each such public office existed and was
3 conferred and provided for by statute
prior to the effective date of this
4 act, are hereby abolished.
5 (b) On July
1, 2000 [2001]
2000, except as otherwise specifically
6 provided by this act, all of the
powers, duties and functions of the not-
7 for-profit Kansas state historical
society, inc., including the power to ad-
8 minister, expend and distribute funds
now or hereafter made available in
9 accordance with appropriation acts,
shall be and hereby are transferred
10 to and conferred and imposed upon the
Kansas state historical society
11 department of history and
preservation created by this act. The Kansas
12 state historical
society department of history and
preservation created
13 by this act shall be the successor in every
way to the powers, duties and
14 functions of the not-for-profit Kansas
state historical society, inc., in which
15 the same were vested prior to July 1,
2000 [2001]
2000. The Kansas state
16 historical society
department of history and preservation created by
17 this act shall be a continuation of the
not-for-profit corporation as trustee
18 of the state and every act performed under
the authority of the Kansas
19 state historical
society department of history and
preservation created
20 by this act shall be deemed to have the
same force and effect as if per-
21 formed by the not-for-profit corporation in
which the authority to per-
22 form such act was vested prior to July 1,
2000 [2001]
2000.
23 (c) On July 1,
2000 [2001]
2000, except as otherwise specifically
24 provided by this act, all of the powers,
duties and functions of the sec-
25 retary of the state historical society,
including the power to administer,
26 expend and distribute funds now or
hereafter made available in accord-
27 ance with appropriation acts, shall be and
hereby are transferred to and
28 conferred and imposed upon the director of
the Kansas state historical
29 society
department of history and preservation. Except as
otherwise
30 specifically provided by this act, the
director of the Kansas state historical
31 society
department of history and preservation shall be the
successor
32 in every way to the powers, duties and
functions of the secretary of the
33 state historical society, in which the same
were vested prior to July 1,
34 2000
[2001] 2000. Except as
otherwise specifically provided by this act,
35 the director of the Kansas state
historical society department of
history
36 and preservation shall be a
continuation of the secretary of the not-for-
37 profit corporation and the executive
director of the not-for-profit corpo-
38 ration for all purposes of the exercise or
performance of such powers,
39 duties and functions of the secretary of
the state historical society and
40 every act performed under the authority of
the director of the Kansas
41 state historical
society department of history and
preservation shall be
42 deemed to have the same force and effect as
if performed by the secretary
43 of the not-for-profit corporation or the
executive director of the not-for-
6
1 profit corporation in which the
authority to perform such act was vested
2 prior to July 1,
2000 [2001]
2000.
3 (d) On and
after July 1, 2000
[2001] 2000, except as
otherwise spe-
4 cifically provided by this act,
whenever the state historical society, or
5 words of like effect, is referred to
or designated by a statute, contract or
6 other document, and such reference or
designation is to the not-for-profit
7 corporation as trustee of the state,
such reference or designation shall be
8 deemed to apply to the Kansas
state historical society department
of
9 history and
preservation created by this act.
10 (e) On and after
July 1, 2000 [2001]
2000, except as otherwise spe-
11 cifically provided by this act, whenever
the secretary of the state historical
12 society or the executive director of the
state historical society, or words
13 of like effect, is referred to or
designated by a statute, contract or other
14 document, and such reference or designation
is to the secretary of the
15 state historical society or the executive
director of the state historical
16 society as a state officer of the
not-for-profit corporation as trustee of the
17 state, such reference or designation shall
be deemed to apply to the di-
18 rector of the Kansas state
historical society department of history
and
19 preservation.
20 (f) All rules and
regulations of the state historical society and the
21 secretary of the state historical society
that are in existence on June 30,
22 2000
[2001] 2000, shall
continue to be effective and shall be deemed to
23 be duly adopted rules and regulations of
the Kansas state historical society
24 department of history and
preservation until revised, amended, re-
25 voked or nullified pursuant to law.
26 (g) All policies,
orders and directives of the not-for-profit corporation
27 as trustee of the state or of the secretary
or executive director of the not-
28 for-profit corporation as trustee of the
state that are in existence on June
29 30, 2000
[2001] 2000, shall
continue to be effective and shall be deemed
30 to be policies, orders and directives of
the Kansas state historical society
31 department of history and
preservation and the director of the Kansas
32 state historical
society department of history and
preservation until
33 revised, amended or nullified pursuant to
law.
34 New Sec.
5. On July 1, 2000
[2001] 2000, the
Kansas state historical
35 society
department of history and preservation and the
director of the
36 Kansas state historical
society department of history and
preservation
37 shall succeed to whatever right, title or
interest the not-for-profit cor-
38 poration as trustee of the state has
acquired in any real property in this
39 state, and the Kansas state
historical society department of history
and
40 preservation and the director
of the Kansas state historical society
de-
41 partment of history and
preservation shall hold the same for and in
42 the name of the state of Kansas. On and
after July 1, 2000
[2001] 2000,
43 whenever any statute, contract, deed or
other document concerns the
7
1 power or authority of the
not-for-profit corporation as the trustee of the
2 state to acquire, hold or dispose of
real property or any interest therein,
3 the Kansas state
historical society department of history and
preser-
4 vation and the director
of the Kansas state historical society
department
5 of history and
preservation shall succeed to such power or authority.
6 New Sec.
6. (a) The director of the Kansas state historical
society
7 department of history and
preservation shall provide that all officers
8 and employees of the not-for-profit
corporation as trustee of the state
9 who are engaged in the exercise and
performance of the powers, duties
10 and functions transferred by this act are
transferred to the Kansas state
11 historical society
department of history and preservation upon a de-
12 termination by the director of the Kansas
state historical society
depart-
13 ment of history and
preservation that the transfer of such officers and
14 employees is necessary to the exercise and
performance of such powers,
15 duties and functions.
16 (b) Officers and
employees of the not-for-profit corporation as trus-
17 tee of the state who are transferred to the
Kansas state historical society
18 department of history and
preservation created by this act shall retain
19 all retirement benefits and leave rights
which had accrued or vested prior
20 to the date of transfer. The service of
each such officer and employee so
21 transferred shall be deemed to have been
continuous. All transfers, layoffs
22 and abolition of classified service
positions under the Kansas civil service
23 act which may result from transfers of
powers, duties and functions shall
24 be made in accordance with the civil
service laws and any rules and reg-
25 ulations adopted thereunder. Nothing in
this act shall affect the classified
26 status of any transferred person employed
by the not-for-profit corpora-
27 tion as trustee of the state prior to the
date of transfer. The director of
28 the Kansas state historical
society department of history and
preser-
29 vation shall be responsible
for administering any layoff that is a part of
30 the transfer. Notwithstanding the date of
transfer of personnel from the
31 not-for-profit corporation as trustee of
the state to the Kansas state his-
32 torical society
department of history and preservation pursuant to
the
33 provisions of this act, the date of such
transfer shall be effective at the
34 start of a payroll period.
35 New Sec.
7. (a) When any conflict arises as to the disposition of
any
36 power, function or duty or the unexpended
balance of any appropriation
37 as a result of any abolition, transfer or
change effected by or under au-
38 thority of this act, such conflict shall be
resolved by the governor, whose
39 decision shall be final.
40 (b) On July 1,
2000 [2001]
2000, the Kansas state historical
society
41 department of history and
preservation shall succeed to all property
42 and records which were used for or pertain
to the performance of the
43 powers, duties and functions transferred by
this act to the Kansas state
8
1 historical
society department of history and
preservation or to the
2 director of the Kansas
state historical society department
of history and
3 preservation. Any
conflict as to the proper disposition of property or
4 records arising under this section,
and resulting from any abolition or
5 transfer of powers, duties and
functions effected by or under authority of
6 this act, shall be determined by the
governor, whose decision shall be
7 final.
8 New Sec.
8. (a) On and after July 1, 2000
[2001] 2000, the
Kansas
9 state historical
society department of history and
preservation and the
10 director of the Kansas state
historical society department of history
and
11 preservation shall have the
legal custody of all records, memoranda,
12 writings, entries, prints, representations
or combinations thereof of any
13 act, transaction, occurrence or event of
the not-for-profit corporation as
14 the trustee of the state or the secretary
or executive director thereof as a
15 state officer.
16 (b) No suit,
action or other proceeding, judicial or administrative,
17 lawfully commenced, or which could have
been commenced, by or against
18 the not-for-profit corporation as the
trustee of the state or the secretary
19 or executive director thereof, as a state
officer in the official capacity of
20 such state agency or officer or in relation
to the discharge of official duties
21 of such state agency or officer, shall
abate by reason of the governmental
22 reorganization effected under the
provisions of this act. The court may
23 allow any such suit, action or other
proceeding to be maintained by or
24 against the Kansas state historical society
and the director of the Kansas
25 state historical
society department of history and
preservation.
26 (c) No criminal
action commenced or which could have been com-
27 menced by the state shall abate by reason
of the governmental reorgan-
28 ization effected under the provisions of
this act.
29 New Sec.
9. (a) On July 1, 2000
[2001] 2000, the
balance of all funds
30 appropriated and reappropriated to the
state historical society is hereby
31 transferred to the Kansas state
historical society department of
history
32 and preservation and shall be
used only for the purpose for which the
33 appropriation was originally made.
34 (b) On July 1,
2000 [2001]
2000, the liability for all accrued com-
35 pensation or salaries of officers and
employees who, immediately prior to
36 such date, were engaged in the performance
of powers, duties or func-
37 tions of the not-for-profit corporation as
a trustee of the state shall be
38 assumed and paid by the Kansas
state historical society department
of
39 history and preservation
created by this act.
40 Sec.
10. K.S.A. 1999 Supp. 12-120 is hereby amended to read as
41 follows: 12-120. (a) The officers and
employees of any city charged with
42 the custody or having in their custody the
following records, documents
43 or other papers may destroy the same after
they have been on file for the
9
1 period stated:
2 (1) Claims
and any purchase orders attached thereto, five years.
3
(2) Warrants or warrant checks, whether originals or
duplicates, that
4 have been paid, five years.
5
(3) Duplicates of receipts or stubs of receipts issued, three
years.
6
(4) Duplicates of utility bills sent to customers, three
years.
7
(5) Bookkeeping or accounting records of utility customer's
accounts,
8 three years, except that the period
for the records of deposits to guarantee
9 the payment of bills or the return of
meters shall begin when the account
10 is closed or the customer ceases to receive
service.
11 (6) Duplicates or
stubs of licenses issued for license fees or taxes,
12 three years.
13 (7) Bonds of
officers or employees, 10 years, the period to begin at
14 the termination of the term of the
bond.
15 (8) Insurance
policies, five years, the period beginning at expiration
16 of the policy unless a claim is
pending.
17 (9) Canceled
checks, five years.
18 (10) Requisition
and duplicate purchase orders, three years.
19 (11) Bonds and
coupons, if any, stamped paid or canceled and re-
20 turned by the fiscal agent, five years, the
period beginning at the date of
21 maturity of the bond or coupon. One bond of
each issue shall be retained
22 permanently or shall be offered to the
Kansas state historical society
de-
23 partment of history and
preservation.
24 (b) The original
of records, documents or other papers listed in sub-
25 section (a) may be destroyed at any time if
reproduced as provided in
26 K.S.A. 12-122, and amendments thereto, and
such reproduction shall be
27 retained for a period not less than
required for the original records.
28 Sec.
11. K.S.A. 12-17,104 is hereby amended to read as follows:
12-
29 17,104. The governing body of the city, on
behalf of the district, shall
30 have the right to acquire real and personal
property by gift, purchase,
31 exchange or eminent domain, as provided by
K.S.A. 26-501 to 26-516,
32 inclusive, and amendments thereto, provided
that the governing body
33 may exercise the power of eminent domain
only under the following
34 conditions:
35 (1) Acquisition
of the land and personal property is in the public
36 interest and is needed to further the
improvement or redevelopment
37 proposal of an existing self-supported
municipal improvement district un-
38 der this act.
39 (2) The proposal
has been reviewed by the appropriate planning com-
40 mission for conformance with the
comprehensive plan of the city.
41 (3) The city has
complied with K.S.A. 75-2714 to 75-2725, inclusive,
42 and amendments thereto, and has received
the written approval of the
43 Kansas state historical
society department of history and
preservation
10
1 as provided by K.S.A. 75-2714, and
amendments thereto.
2 (4) The
provisions of K.S.A. 12-1771 and 12-1772, and amendments
3 thereto, have been complied with
except as the same relate to findings
4 of a blighted area.
5 (5) The
procedures for a public hearing, notification to affected prop-
6 erty owners and the right of appeal
shall be the same as provided in
7 subsections (d) and (e) of K.S.A.
12-1796 and 12-1797, and amendments
8 thereto.
9 Upon the
dissolution of the district or according to the district
proposal
10 as adopted or amended, and the retirement
of all bonded indebtedness
11 against the property, all property of the
district shall become the property
12 of the city and the city may trade or
exchange or sell this property in the
13 same manner as provided in K.S.A. 12-1301,
and amendments thereto.
14 The proceeds from such sale may be used for
another public purpose.
15 Sec.
12. K.S.A. 22a-232 is hereby amended to read as follows:
22a-
16 232. (a) Upon receipt of notice pursuant to
K.S.A. 22a-231, and amend-
17 ments thereto, the coroner shall take
charge of the dead body, make
18 inquiries regarding the cause of death and
reduce the findings to a report
19 in writing. Such report shall be filed with
the clerk of the district court
20 of the county in which the cause of death
occurred if known, or if not
21 known the report shall be filed with the
clerk of the district court of the
22 county in which the death occurred. If the
coroner determines that the
23 dead body is not a body described by K.S.A.
22a-231, and amendments
24 thereto, the coroner shall immediately
notify the Kansas state
historical
25 society
department of history and preservation.
26 (b) If in the
opinion of the coroner information is present in the
27 coroner's report that might jeopardize a
criminal investigation, the cor-
28 oner shall file the report with the clerk
of the district court of such county
29 and designate such report as a criminal
investigation record, pursuant to
30 subsection (a)(10) of K.S.A. 45-221, and
amendments thereto.
31 Sec.
13. K.S.A. 1999 Supp. 38-1506 is hereby amended to read as
32 follows: 38-1506. (a) Official file.
The official file of proceedings pursuant
33 to this code shall consist of the petition,
process, service of process, or-
34 ders, writs and journal entries reflecting
hearings held and judgments and
35 decrees entered by the court. The official
file shall be kept separate from
36 other records of the court. The official
file shall be privileged and shall
37 not be disclosed directly or indirectly to
anyone except:
38 (1) A judge of
the district court and members of the staff of the court
39 designated by a judge of the district
court;
40 (2) the guardian
ad litem and the parties to the proceedings and their
41 attorneys;
42 (3) any
individual, or any public or private agency or institution,
hav-
43 ing custody of the child under court order
or providing educational, med-
11
1 ical or mental health services to the
child or a court-approved advocate
2 for the child or any placement
provider or potential placement provider
3 as determined by the secretary or
court services officer; and
4 (4) any
other person when authorized by a court order, subject to any
5 conditions imposed by the order.
6
(b) Social file. Reports and information received by
the court, other
7 than the official file, shall be
privileged and open to inspection only by
8 the guardian ad litem or an
attorney for an interested party or upon court
9 order. The reports shall not be
further disclosed by the guardian ad litem
10 or attorney without approval of the court
or by being presented as ad-
11 missible evidence.
12
(c) Preservation of records. The Kansas
state historical society
de-
13 partment of history and
preservation created by section 2, and amend-
14 ments thereto, shall be allowed to
take possession for preservation in the
15 state archives of any court records related
to proceedings under the Kan-
16 sas code for care of children whenever such
records otherwise would be
17 destroyed. No such records in the custody
of the Kansas state historical
18 society
department of history and preservation created by
section 2,
19 and amendments thereto, shall be
disclosed directly or indirectly to any-
20 one for 80 years after creation of the
records, except as provided in sub-
21 sections (a) and (b). Pursuant to
subsections (a)(4) and (b), a judge of the
22 district court may allow inspection for
research purposes of any court
23 records in the custody of the Kansas
state historical society
department
24 of history and preservation
created by section 2, and amendments
25 thereto, that are related to
proceedings under the Kansas code for care
26 of children.
27 Sec.
14. K.S.A. 1999 Supp. 38-1607 is hereby amended to read as
28 follows: 38-1607. (a) Official file.
The official file of proceedings pursuant
29 to this code shall consist of the
complaint, process, service of process,
30 orders, writs and journal entries
reflecting hearings held and judgments
31 and decrees entered by the court. The
official file shall be kept separate
32 from other records of the court.
33 (b) The official
file shall be open for public inspection as to any ju-
34 venile 14 or more years of age at the time
any act is alleged to have been
35 committed or as to any juvenile less than
14 years of age at the time any
36 act is alleged to have been committed
except if the judge determines that
37 opening the official file for public
inspection is not in the best interest of
38 such juvenile who is less than 14 years of
age. Information identifying
39 victims and alleged victims of sex
offenses, as defined in K.S.A. chapter
40 21, article 35, shall not be disclosed or
open to public inspection under
41 any circumstances. Nothing in this section
shall prohibit the victim or
42 alleged victim of any sex offense from
voluntarily disclosing their identity.
43 If the judge determines that a juvenile
file, for a juvenile who is less than
12
1 14 years of age, shall not be open
for public inspection, the official file
2 and information identifying the
victim or alleged victim of any sex offense
3 shall be disclosed only to the
following parties:
4 (1) A judge
of the district court and members of the staff of the court
5 designated by the judge;
6 (2) parties
to the proceedings and their attorneys;
7 (3) any
individual, or any public or private agency or institution,
hav-
8 ing custody of the juvenile under
court order or providing educational,
9 medical or mental health services to
the juvenile or a court-approved
10 advocate for the juvenile or any placement
provider or potential place-
11 ment provider as determined by the
commissioner or court services
12 officer;
13 (4) law
enforcement officers or county or district attorneys or their
14 staff when necessary for the discharge of
their official duties;
15 (5) the Kansas
racing commission, upon written request of the com-
16 mission chairperson, for the purpose
provided by K.S.A. 74-8804, and
17 amendments thereto;
18 (6) the juvenile
intake and assessment workers;
19 (7) the
commissioner of juvenile justice; and
20 (8) any other
person when authorized by a court order, subject to any
21 conditions imposed by the order.
22 (c) Social
file. Reports and information received by the court other
23 than the official file shall be privileged
and open to inspection only by
24 attorneys for the parties, juvenile intake
and assessment workers or upon
25 order of a judge of the district court or
an appellate court. The reports
26 shall not be further disclosed by the
attorney without approval of the
27 court or by being presented as admissible
evidence.
28
(d) Preservation of records. The Kansas
state historical society
de-
29 partment of history and
preservation created by section 2, and amend-
30 ments thereto, shall be allowed to
take possession for preservation in the
31 state archives of any court records related
to proceedings under the Kan-
32 sas juvenile justice code whenever such
records otherwise would be de-
33 stroyed. The Kansas state
historical society department of history
and
34 preservation created by
section 2, and amendments thereto, shall make
35 available for public inspection any
unexpunged docket entry or official
36 file in its custody concerning any juvenile
16 or more years of age at the
37 time an offense is alleged to have been
committed by the juvenile. No
38 other such records in the custody of the
Kansas state historical society
39 department of history and
preservation created by section 2, and
40 amendments thereto, shall be
disclosed directly or indirectly to anyone
41 for 80 years after creation of the records,
except as provided in subsec-
42 tions (b) and (c). Pursuant to subsections
(b)(7) and (c), a judge of the
43 district court may allow inspection for
research purposes of any court
13
1 records in the custody of the Kansas
state historical society
department
2 of history and
preservation created by section 2, and
amendments
3 thereto, that are related to
proceedings under the Kansas juvenile justice
4 code.
5
(e) Relevant information, reports and records shall be made
available
6 to the department of corrections upon
request and a showing that the
7 former juvenile has been convicted of
a crime and placed in the custody
8 of the secretary of the
department of corrections.
9 Sec.
15. K.S.A. 1999 Supp. 41-719 is hereby amended to read as
10 follows: 41-719. (a) No person shall drink
or consume alcoholic liquor on
11 the public streets, alleys, roads or
highways or inside vehicles while on
12 the public streets, alleys, roads or
highways.
13 (b) No person
shall drink or consume alcoholic liquor on private
14 property except:
15 (1) On premises
where the sale of liquor by the individual drink is
16 authorized by the club and drinking
establishment act;
17 (2) upon private
property by a person occupying such property as an
18 owner or lessee of an owner and by the
guests of such person, if no charge
19 is made for the serving or mixing of any
drink or drinks of alcoholic liquor
20 or for any substance mixed with any
alcoholic liquor and if no sale of
21 alcoholic liquor in violation of K.S.A.
41-803, and amendments thereto,
22 takes place;
23 (3) in a lodging
room of any hotel, motel or boarding house by the
24 person occupying such room and by the
guests of such person, if no
25 charge is made for the serving or mixing of
any drink or drinks of alcoholic
26 liquor or for any substance mixed with any
alcoholic liquor and if no sale
27 of alcoholic liquor in violation of K.S.A.
41-803, and amendments thereto,
28 takes place;
29 (4) in a private
dining room of a hotel, motel or restaurant, if the
30 dining room is rented or made available on
a special occasion to an in-
31 dividual or organization for a private
party and if no sale of alcoholic liquor
32 in violation of K.S.A. 41-803, and
amendments thereto, takes place; or
33 (5) on the
premises of a microbrewery or farm winery, if authorized
34 by K.S.A. 41-308a or 41-308b, and
amendments thereto.
35 (c) No person
shall drink or consume alcoholic liquor on public prop-
36 erty except:
37 (1) On real
property leased by a city to others under the provisions
38 of K.S.A. 12-1740 through 12-1749, and
amendments thereto, if such real
39 property is actually being used for hotel
or motel purposes or purposes
40 incidental thereto.
41 (2) In any
state-owned or operated building or structure, and on the
42 surrounding premises, which is furnished to
and occupied by any state
43 officer or employee as a residence.
14
1 (3) On
premises licensed as a club or drinking establishment and
2 located on property owned or operated
by an airport authority created
3 pursuant to chapter 27 of the Kansas
Statutes Annotated or established
4 by a city having a population of more
than 200,000.
5 (4) On the
state fair grounds on the day of any race held thereon
6 pursuant to the Kansas parimutuel
racing act.
7 (5) On the
state fairgrounds, if such liquor is domestic wine or wine
8 imported under subsection (e) of
K.S.A. 41-308a, and amendments
9 thereto, and is consumed only for
purposes of judging competitions.
10 (6) In the state
historical museum provided for by K.S.A. 76-2036,
11 and amendments thereto, on the surrounding
premises and in any other
12 building on such premises, as authorized by
rules and regulations of the
13 Kansas state historical society
created by section 2, and amendments
14 thereto.
15 (7) On the
premises of any state-owned historic site under the juris-
16 diction and supervision of the
Kansas state historical society
department
17 of history and preservation
created by section 2, and amendments
18 thereto, on the surrounding premises
and in any other building on such
19 premises, as authorized by rules and
regulations of the Kansas state
his-
20 torical society
department of history and preservation created by
sec-
21 tion 2, and amendments thereto.
22 (8) In a lake
resort within the meaning of K.S.A. 32-867, and amend-
23 ments thereto, on state-owned or leased
property.
24 (9) In the Hiram
Price Dillon house or on its surrounding premises,
25 subject to limitations established in
policies adopted by the legislative
26 coordinating council, as provided by K.S.A.
75-3682, and amendments
27 thereto.
28 (10) On the
premises of the Kansas national guard regional training
29 center located in Saline county, and any
building on such premises, as
30 authorized by rules and regulations of the
adjutant general and upon
31 approval of the Kansas military board.
32 (11) On property
exempted from this subsection (c) pursuant to sub-
33 section (d), (e), (f), (g) or (h).
34 (d) Any city may
exempt, by ordinance, from the provisions of sub-
35 section (c) specified property the title of
which is vested in such city.
36 (e) The board of
county commissioners of any county may exempt,
37 by resolution, from the provisions of
subsection (c) specified property the
38 title of which is vested in such
county.
39 (f) The state
board of regents may exempt from the provisions of
40 subsection (c) the Sternburg museum on
the campus of Fort Hays state
41 university, or other specified
property which is under the control of such
42 board and which is not used for classroom
instruction, where alcoholic
43 liquor may be consumed in accordance with
policies adopted by such
15
1 board.
2 (g) The
board of regents of Washburn university may exempt from
3 the provisions of subsection (c) the
Mulvane art center and the Bradbury
4 Thompson alumni center on the campus
of Washburn university, and
5 other specified property the title of
which is vested in such board and
6 which is not used for classroom
instruction, where alcoholic liquor may
7 be consumed in accordance with
policies adopted by such board.
8 (h) Any
city may exempt, by ordinance, from the provisions of sub-
9 section (c) any national guard armory
in which such city has a leasehold
10 interest, if the Kansas military board
consents to the exemption.
11 (i) Violation of
any provision of this section is a misdemeanor punish-
12 able by a fine of not less than $50 or more
than $200 or by imprisonment
13 for not more than six months, or both.
14 Sec.
16. K.S.A. 45-106 is hereby amended to read as follows:
45-106.
15 The secretary of state shall dispose of the
laws passed at each session of
16 the legislature, immediately after their
publication, as follows:
17 First. Deposit
in the state library such numbers of copies as are needed
18 for use in the state library, for the
purposes of the publication collection
19 and depository system established under
K.S.A. 75-2566 and amend-
20 ments thereto, and for the purpose of
making exchanges with the libraries
21 of the several states and territories.
22 Second.
Distribute (a) one copy to the governor, lieutenant governor,
23 each member of the state legislature,
attorney general, secretary of state,
24 and state historical
society library of the Kansas state
historical society
25 department of history and
preservation; (b) to each organized city of
26 the first, second and third classes in this
state requesting the same; (c)
27 one copy each to the clerk of the United
States court of appeals for the
28 10th circuit, to the clerk of the United
States district court for Kansas
29 and to the United States marshal for the
district of Kansas, upon request
30 therefor; (d) to the law department of the
university of Kansas, not more
31 than 10 copies and to the Washburn
university school of law, not more
32 than 10 copies, upon request therefor; (e)
to the director of legislative
33 administrative services such number of
copies as such director shall re-
34 quest for use by the legislature; (f) to
the office of revisor of statutes such
35 number of copies as the revisor of statutes
shall request for use in such
36 office; (g) to the legislative research
department such number of copies
37 as the director of legislative research
shall request for use in such office;
38 (h) to the division of post audit such
number of copies as the post auditor
39 shall request for use in such office; (i)
to the several offices of the judicial
40 branch of state government such number of
copies as the chief justice of
41 the supreme court shall request for use in
such offices; and (j) to the
42 supreme court law library such number of
copies as the state law librarian
43 shall request for use in the law library
and for the purpose of maintaining
16
1 exchanges for books, documents and
publications of a legal nature for use
2 in the law library.
3 Third. To
the clerk of the board of county commissioners of each
4 county, upon request therefor, a
sufficient number of copies of the laws
5 to be distributed by such clerk to
each of the following officers in such
6 county, allowing one for each: The
district attorney or county attorney,
7 register of deeds, county clerk,
county treasurer, sheriff, and the board
8 of county commissioners.
9 Fourth.
Copies of the laws passed at each session of the legislature
shall
10 be deposited with the state librarian and
such librarian is hereby author-
11 ized to furnish one copy to each high
school, college, university, and
12 public library in the state of Kansas, upon
written application of its man-
13 aging officer to the state librarian.
14 Sec.
17. K.S.A. 45-116 is hereby amended to read as follows:
45-116.
15 (a) At the conclusion of each legislative
session, the secretary of the senate
16 and the chief clerk of the house of
representatives shall prepare perma-
17 nent journals of the senate and house of
representatives to be entitled
18 ``Senate and House Journals of the State of
Kansas for ________,'' and
19 the blank shall be filled with the year and
words indicating whether the
20 sessions journalized are regular or
special, or both. In preparation of such
21 journals, the secretary of the senate and
chief clerk of the house shall
22 work under the supervision of the
legislative coordinating council. Such
23 journals shall include the matters
contained in the daily journals of the
24 two houses and such additional materials
and information as may be di-
25 rected by the legislative coordinating
council. Such journals shall be pub-
26 lished in one or more volumes as determined
by such council. Such jour-
27 nals shall be printed in clothbound copies
by the director of printing from
28 copy prepared by the secretary of the
senate and chief clerk of the house
29 of representatives.
30 (b) Upon the
advice of the secretary of the senate and the chief clerk
31 of the house of representatives, the
secretary of state shall specify the
32 number of copies of such journals which
shall be printed and clothbound,
33 which shall not be more than 750 copies
and, in addition thereto, such
34 number of copies as are needed for the
purposes of the publication col-
35 lection and depository system established
under K.S.A. 75-2566 and
36 amendments thereto, for disposition by the
secretary of state, as follows:
37 (1) One copy to
the governor, the lieutenant governor, the secretary
38 of state, the attorney general, the
state historical society library of the
39 Kansas state
historical society department of history and
preservation,
40 and each member of the legislature;
41 (2) two copies to
the board of county commissioners of each county,
42 upon request therefor;
43 (3) to the
several offices of the judicial branch of state government,
17
1 the number of copies necessary to
conduct the official business of such
2 offices, as requested by the chief
justice of the supreme court;
3 (4) to the
office of attorney general, the state library, the office of
the
4 revisor of statutes, the division of
post audit and the legislative research
5 department, the number of copies
necessary to conduct the official busi-
6 ness of such offices, as requested by
the chief administrative officers
7 thereof;
8 (5) the
number of copies necessary for use by the legislature, as re-
9 quested by the director of
legislative administrative services;
10 (6) the remainder
of such copies shall be kept by the secretary of
11 state for sale at the per volume price for
such copies fixed by the legislative
12 coordinating council under this section,
until the inventory of the volume
13 is reduced to 50 copies.
14 (c) When the
inventory of any volume is 50 copies or less, the sec-
15 retary of state, with the approval of the
revisor of statutes, may dispose
16 of copies from such inventory by
distribution without charge.
17 (d) The
legislative coordinating council shall fix the per volume price
18 for clothbound copies of the permanent
journals of the senate and house
19 of representatives, sold under this
section, to recover the costs of printing
20 and binding such volumes. The legislative
coordinating council shall re-
21 vise such prices from time to time as
necessary for the purposes of cov-
22 ering and recovering such costs.
23 (e) The secretary
of state shall remit all moneys received under this
24 section to the state treasurer at least
monthly and the state treasurer shall
25 deposit the entire amount of each such
remittance in the state treasury
26 to the credit of the state general
fund.
27 Sec.
18. K.S.A. 45-404 is hereby amended to read as follows:
45-404.
28 The state records board shall:
29 (a) Approve or
modify retention and disposition schedules and re-
30 cords manuals prepared pursuant to
subsections (c) and (d) of K.S.A. 45-
31 406 and amendments thereto. Once approved
by the board the retention
32 and disposition schedules for state
agencies shall be filed with the sec-
33 retary of state. Without further action by
the board, noncurrent records
34 of state agencies scheduled for disposition
may be disposed of as provided
35 in the schedules and noncurrent records
scheduled for retention may be
36 transferred to the state archives, subject
to approval by the state archivist
37 and in accordance with procedures to be
established by the state archivist.
38 (b) Pass upon any
proposed revisions in the retention and disposition
39 schedules and upon requests for authority
to dispose of records of state
40 agencies or counties not listed in the
schedules. No records of state agen-
41 cies or counties shall be disposed of
before the retention periods desig-
42 nated in the schedules have elapsed without
the approval of the board.
43 No state agency or county shall be required
to destroy records which it
18
1 chooses to retain, even though the
retention and disposition schedules
2 authorize their destruction. The
retention and disposition schedules for
3 all local agencies except counties
shall be recommendations and shall not
4 alter or replace current statutes
authorizing or restricting the disposition
5 of government records by local
agencies.
6 (c) Any
board of county commissioners may order disposition of any
7 noncurrent county government records
after minimum retention periods
8 set forth in the schedules prepared
pursuant to subsection (d) of K.S.A.
9 45-406 and amendments thereto. Any
board of county commissioners
10 may petition the state records board for
amendments to the schedules,
11 for authority to depart from specific
provisions of the schedules or for
12 authority to implement schedules applicable
to only a single county.
13 (d) With the
approval of the state archivist, the board of county com-
14 missioners of any county may transfer any
noncurrent county government
15 records to the custody of the Kansas
state historical society
department
16 of history and preservation.
The board of county commissioners of any
17 county may transfer any noncurrent county
government records which
18 have been determined by the state archivist
to be records, which are not
19 required by law to be confidential or
restricted, to the custody of a county
20 historical society, a genealogical society,
a public library, a college or uni-
21 versity library or another local or
regional repository in Kansas, deter-
22 mined by the state archivist to be
suitable, which will accept such records,
23 except that under authority of this
subsection no records relating to the
24 mental or physical health of any person
shall be so transferred.
25 (e) Pass upon
recommendations by the state archivist for transfer to
26 the state archives of any noncurrent
government records with enduring
27 value which are held by a state agency
opposing such a transfer. When
28 the state archivist makes such a
recommendation, the state agency op-
29 posing the transfer shall defend before the
board its reasons for wanting
30 to retain the records in its custody, and
the board shall determine whether
31 the transfer shall occur.
32 (f) Approve or
modify recommended microphotographic standards
33 prepared by the state archivist and pass
upon requests for authority to
34 dispose of original government records of
state agencies following repro-
35 duction on film, as provided in K.S.A.
45-412 and amendments thereto.
36 Sec.
19. K.S.A. 45-405 is hereby amended to read as follows:
45-405.
37 (a) The Kansas state
historical society department of history and
pres-
38 ervation created by
section 2, and amendments thereto, shall serve as the
39 official state archives and shall assist
state and local agencies in the pres-
40 ervation of government records with
enduring value.
41 (b) Any state or
local agency may transfer to the state archives any
42 noncurrent government records accepted by
the state archivist and all
43 state agencies shall transfer to the state
archives any noncurrent govern-
19
1 ment records when directed to do so
by the state records board. With
2 the approval of the state archivist,
noncurrent legislative and judicial re-
3 cords also may be deposited in the
state archives for preservation.
4 (c) The
secretary of state shall not be prevented by any statute from
5 depositing in the state archives any
noncurrent government records ac-
6 cepted by the state archivist.
7 (d) The
provisions of this act shall not prohibit discarding or other-
8 wise disposing of extraneous,
worthless or duplicate material found in
9 government records when processed by
the state archives staff. Any re-
10 cords placed in the state archives may be
disposed of in any manner
11 approved by the board and the state
archivist upon a determination that
12 such records no longer have enduring
value.
13 Sec.
20. K.S.A. 45-406 is hereby amended to read as follows:
45-406.
14 Under the supervision of the
secretary of the state historical society
di-
15 rector of the Kansas
state historical society
department of history and
16 preservation, the state
archivist shall:
17 (a) Seek,
negotiate for, acquire and receive noncurrent government
18 records with enduring value from agencies
and branches of state govern-
19 ment and from local agencies.
20 (b) Properly
arrange, store, preserve and make accessible to the pub-
21 lic the records in the state archives, in
accordance with appropriate ar-
22 chival procedures and in accordance with
the provisions of K.S.A. 45-407
23 and amendments thereto. Provide advice and
assistance to state and local
24 agencies and to branches of state
government with regard to proper ar-
25 rangement, storage, preservation and
accessibility of the government re-
26 cords with enduring value remaining in
their custody.
27 (c) Advise and
assist state agencies in the preparation of retention
28 and disposition schedules for government
records.
29 (d) Prepare,
publish and distribute to the appropriate public officers
30 and to other interested persons records
manuals containing retention and
31 disposition schedules for government
records of local agencies. Recom-
32 mendations for proper arrangement, storage
and preservation of records
33 with enduring value and an analysis of
state and federal legislation rele-
34 vant to government records in Kansas also
shall be included in these
35 records manuals. Appropriate public
officers of the state and its govern-
36 mental subdivisions shall be consulted
during the preparation of the re-
37 cords manuals.
38 (e) Review the
contents of the records manuals annually and distrib-
39 ute any revisions which are made to the
appropriate public officers. The
40 contents of the records manuals and
subsequent revisions shall be ap-
41 proved by the state records board.
42 (f) Assist in
preparing and making available to the public compre-
43 hensive inventories containing general
information about the nature,
20
1 scope, contents and location of
government records of the agencies and
2 branches of state government and of
local agencies in Kansas.
3 (g) Prepare
or permit the preparation of copies of government re-
4 cords deposited in the state
archives, as required by current statutes,
5 unless public access to the records
is restricted as provided in K.S.A. 45-
6 407 and amendments thereto. When
certified by the state archivist such
7 copies shall have all the force and
effect as if made by the officer originally
8 in custody of them. Reasonable fees
may be charged for preparation of
9 such copies. The state archivist
shall not allow copies to be made by
10 methods which might damage the original
records.
11 (h) Exercise such
other duties and functions as the secretary of
the
12 state historical society
director of the Kansas state historical
society de-
13 partment of history and
preservation may direct or as may be provided
14 by law.
15 Sec.
21. K.S.A. 1999 Supp. 45-412 is hereby amended to read as
16 follows: 45-412. (a) The state archivist
shall prepare recommendations, to
17 be approved by the state records board,
based on the current standards
18 of the federal government and the American
national standards institute,
19 for the quality of film or optical disc,
proper arrangement of materials,
20 suitable filming or other image
reproduction techniques and equipment,
21 quality of photographic or optical disc
images, film processing results, and
22 film or optical disc storage conditions
which should be achieved or utilized
23 by state and local agencies in making
microphotographic or optical disc
24 copies of government records with enduring
value pursuant to K.S.A. 12-
25 122, 19-250 or 75-3506, and amendments
thereto, and for information
26 recorded and stored using an image
recognition and information storage
27 system. Whenever microphotographic or
optical disc copies of records
28 with enduring value fail to meet the
standards recommended by the state
29 archivist and approved by the state records
board, the state archivist shall
30 urge state and local agencies to retain the
original records.
31 (b) Whenever
photographs, microphotographs or other reproduc-
32 tions on film or optical disc have been
prepared pursuant to K.S.A. 75-
33 3506, and amendments thereto, and have been
placed in conveniently
34 accessible files and provisions made for
preserving, examining and using
35 the same, and when a negative copy of the
film or a master copy of the
36 optical disc has been deposited in a secure
place where it will not be
37 subject to use except in making additional
positive copies, any state
38 agency, with the approval of the state
records board or as authorized by
39 the retention and disposition schedules,
may cause the original records
40 from which the photographs,
microphotographs or other reproductions
41 on film or optical disc have been made, or
any part thereof, to be de-
42 stroyed. Such records shall not be
destroyed and shall be retained by the
43 agency or transferred to the state archives
or temporarily to another suit-
21
1 able place designated by the board,
if the board judges such materials to
2 have enduring value in their original
form.
3 (c) Except
as provided by subsection (b) of K.S.A. 12-120, and
4 amendments thereto, whenever
photographs, microphotographs or other
5 reproductions on film have been
prepared as provided in K.S.A. 12-122
6 or 19-250, and amendments thereto,
and have been placed in conven-
7 iently accessible files and
provisions made for preserving, examining and
8 using the same, and when a negative
copy of the film has been deposited
9 in a secure place where it will not
be subject to use except in making
10 additional positive copies, a local agency
may retain the original records
11 in its custody at any suitable location,
may deposit them in collections
12 established pursuant to K.S.A. 12-1658 and
12-1660, and amendments
13 thereto, or K.S.A. 19-2648 and 19-2649, and
amendments thereto, or may
14 dispose of the original records as provided
in the retention and disposition
15 schedules. If there are no relevant
provisions in the retention and dis-
16 position schedules, the original records
shall be offered to the Kansas
17 state historical
society department of history and
preservation created
18 by section 2, and amendments
thereto, prior to other disposition of them.
19 (d) The
Kansas state historical society
department of history and
20 preservation may prepare and
deposit in the state archives a microfilm
21 or other copy of any noncurrent government
record which is retained by
22 a state or local agency, unless public
access to the record is restricted by
23 statute or by administrative regulation
authorized by statute.
24 Sec.
22. K.S.A. 58-2009 is hereby amended to read as follows:
58-
25 2009. (a) The secretary of the
state historical society director of the Kansas
26 state historical
society department of history and
preservation shall:
27 (1) Adopt rules and regulations fixing fees
for the filing of documents
28 under K.S.A. 58-2011, and amendments
thereto, and the providing of
29 information and services therefrom in an
amount necessary to pay the
30 cost of administering the provisions of
this act; and
31 (2) adopt such
other rules and regulations as necessary to implement
32 the provisions of this act.
33 (b) The rules and
regulations of the secretary of state relating to land
34 surveys, land survey reference reports and
filing fees for such reference
35 reports in existence on the effective date
of this act shall continue to be
36 effective and shall be deemed to be the
rules and regulations of the sec-
37 retary of the state historical
society director of the Kansas state
historical
38 society
department of history and preservation until
revised,
39 amended, repealed or nullified pursuant to
law.
40 Sec.
23. K.S.A. 58-2010 is hereby amended to read as follows:
58-
41 2010. Any city, county or state department,
board or agency having in-
42 formation or records which will enable the
secretary of the state historical
43 society director of the
Kansas state historical society
department of his-
22
1 tory and preservation
to carry out the provisions of this act shall furnish,
2 upon request, such information to the
secretary of the state historical
3 society director
of the Kansas state historical
society department of his-
4 tory and preservation.
The cost of providing such information shall be
5 paid by the secretary of the
state historical society director of the Kansas
6 state historical
society department of history and
preservation.
7 Sec.
24. K.S.A. 1999 Supp. 58-2011 is hereby amended to read as
8 follows: 58-2011. (a) Whenever a
survey originates from a United States
9 public land survey corner or any
related accessory, the land surveyor shall
10 file a copy of the report of the completed
survey and references to the
11 corner or accessory with the
secretary of the state historical society
di-
12 rector of the Kansas
state historical society
department of history and
13 preservation and with the
county surveyor for the county or counties in
14 which the survey corner exists. If there is
no county surveyor of such
15 county, such report shall be filed with the
county engineer. If there is no
16 county engineer, such report shall be filed
in the office of the county road
17 department. Reports filed with the
secretary of the state historical society
18 director of the Kansas
state historical society
department of history and
19 preservation may be filed and
retrieved using electronic technologies if
20 authorized by the
secretary director. Such report shall be
filed within 30
21 days of the date the references are made.
At the time of filing such report
22 with the secretary of the state
historical society director of the Kansas
23 state historical
society department of history and
preservation, the
24 land surveyor shall pay a filing fee in an
amount fixed by rules and reg-
25 ulations of the secretary of the
state historical society director of the Kan-
26 sas state historical
society department of history and
preservation.
27 Fees charged for filing and retrieval of
such reports may be billed and
28 paid periodically.
29 (b) Any person
engaged in an activity in which a United States public
30 land survey corner or any related accessory
is likely to be altered, re-
31 moved, damaged or destroyed shall have a
person qualified to practice
32 land surveying establish such reference
points as necessary for the res-
33 toration, reestablishment or replacement of
the corner or accessory. The
34 land surveyor shall file a reference report
with the secretary of the state
35 historical society
director of the Kansas state historical
society depart-
36 ment of history and
preservation and with the county surveyor for the
37 county or counties in which the survey
corner exists. Such report shall be
38 filed within 30 days of the date the
references are made. At the time of
39 filing such report with the
secretary of the state historical society
director
40 of the Kansas state
historical society department of history and
pres-
41 ervation, the land surveyor
shall pay a filing fee in an amount fixed by
42 rules and regulations of the
secretary of the state historical society
director
43 of the Kansas state
historical society department of history
and
23
1 preservation.
2 (c) Upon
completion of the activity likely to alter, remove, damage
3 or destroy the public land survey
corner or related accessory, the land
4 surveyor shall review the survey
corner and its accessories. If the survey
5 corner or any accessory has been
altered, removed, damaged or de-
6 stroyed, the land surveyor shall
replace the corner or accessory with a
7 survey monument and file a
restoration report with the secretary of the
8 state historical
society director of the Kansas state
historical society de-
9 partment of history and
preservation and the county surveyor in the
10 county or counties in which it existed. If
the survey corner and accessories
11 are not damaged during the activity, a
restoration report so stating shall
12 be filed with the secretary of the
state historical society director of the
13 Kansas state
historical society department of history and
preservation
14 and county surveyor's office. Such report
shall be filed within 30 days
15 after the activity is completed. At the
time of filing such report with the
16 office of the secretary of the
state historical society director of the Kansas
17 state historical
society department of history and
preservation the land
18 surveyor shall pay a filing fee in an
amount fixed by rules and regulations
19 of the secretary of the state
historical society director of the Kansas
state
20 historical
society department of history and
preservation.
21 (d) Failure to
comply with the filing requirements of this section shall
22 be grounds for the suspension or revocation
of the land surveyor's license.
23 (e) The
secretary of the state historical society
director of the Kansas
24 state historical
society department of history and
preservation may
25 produce, reproduce and sell maps, plats,
reports, studies and records
26 relating to land surveys. The
secretary of the state historical society
di-
27 rector of the Kansas
state historical society
department of history and
28 preservation shall charge a
fee in an amount to be fixed by rules and
29 regulations of the
secretary director of the Kansas
state historical society
30 department of history and
preservation for the furnishing of infor-
31 mation retrieved from records filed
pursuant to this section and for re-
32 productions or copies of maps, plats,
reports, studies and records filed in
33 such office.
34 (f) All moneys
collected by the secretary of the state historical
society
35 under the provisions of this section shall
be paid to the state treasurer on
36 or before the last day of each month. Upon
receipt thereof the state
37 treasurer shall deposit the entire amount
in the state treasury. Twenty
38 percent of each such deposit shall be
credited to the state general fund
39 and the balance shall be credited to the
land survey fee fund, which is
40 hereby created. All expenditures from such
fund shall be made in ac-
41 cordance with appropriation acts upon
warrants approved by the secretary
42 of the state historical society or
a person designated by the secretary of
43 the state historical
society director of the Kansas state
historical society
24
1 department of history and
preservation or the director's designee and
2 shall be used only for the purpose of
paying the costs incurred in admin-
3 istering the provisions of this act.
After the effective date of this act, any
4 reference to the secretary of
state in regard to appropriations to the land
5 survey fee fund shall be
deemed to refer to the secretary of the state
6 historical
society.
7 (g) The
failure of any person to have a land surveyor establish ref-
8 erence points as required by
subsection (b) shall be a class C
9 misdemeanor.
10 Sec.
25. K.S.A. 58-4012 is hereby amended to read as follows:
58-
11 4012. (a) The Kansas
state historical society department
of history and
12 preservation created by
section 2, and amendments thereto, and its in-
13 stitutions and libraries may
acquire, at its option, acquire title to
property
14 pursuant to the provisions of this act or
pursuant to the provisions of
15 K.S.A. 33-104 and amendments thereto for
the Kansas state historical
16 society
department of history and preservation and for the
institutions
17 and libraries thereof.
18 (b) Museums,
other than the Kansas state historical society and its
19 institutions and libraries, may acquire
title to loaned property only as
20 provided by this act.
21 Sec.
26. K.S.A. 64-106 is hereby amended to read as follows:
64-106.
22 Whenever the official records of any county
in this state are lost, stolen,
23 or destroyed, it shall be lawful for any
board of county commissioners of
24 such county to order the secretary
of the state historical society director
25 of the Kansas state
historical society department of history and
pres-
26 ervation to transcribe from
the newspapers, records, documents and
27 other files of the Kansas
state historical society
department of history
28 and preservation any
publication notice authorized or which may have
29 been authorized to be published and which
was published in any news-
30 paper or any other publication in the state
which may be on file in with
31 the office of the
Kansas state historical society
department of history
32 and preservation. Such
transcript shall be made and certified by the
33 secretary director
of the Kansas state historical
society department of
34 history and preservation,
under the seal of such society state
agency,
35 and shall be admissible in evidence in or
before any court, board, or other
36 body in the state of Kansas, to the same
extent and with like effect as the
37 original would or might be if offered in
evidence.
38 Sec.
27. K.S.A. 1999 Supp. 73-209 is hereby amended to read as
39 follows: 73-209. (a) On submission to the
adjutant general of an original
40 discharge or other official record of
military service of any soldier, sailor
41 or marine of the United States, or of a
copy of such discharge or official
42 record of military service certified to by
a city, county or state official as
43 being a true copy of original document, the
adjutant general shall place
25
1 such record on file in the adjutant
general's office. If original documents
2 are submitted, the adjutant general
shall cause true copies of such original
3 documents to be made and shall file
the copies in the adjutant general's
4 office and the originals shall be
returned to the person who submitted
5 them.
6 (b) Upon
request of a soldier, sailor or marine whose records of mil-
7 itary service have been filed in the
adjutant general's office, the adjutant
8 general shall cause to be furnished a
certificate of military service in ac-
9 cordance with such records. The
adjutant general shall not charge any
10 fee for the certificate if the certificate
is requested by a person who ex-
11 hibits correspondence from the United
States veterans administration or
12 the Kansas commission on veterans' affairs
which indicates that the per-
13 son is applying for benefits from the
United States veterans administration
14 and that such person needs the certificate
to obtain such benefits.
15 (c) The adjutant
general shall transfer to the state archives of the
16 Kansas state historical
society department of history and
preservation
17 created by section 2, and amendments
thereto, for permanent retention
18 any records of military service on file in
the adjutant general's office, in
19 accordance with the records retention and
disposition schedule for such
20 records approved by the state records
board.
21 Sec.
28. K.S.A. 74-5402 is hereby amended to read as follows:
74-
22 5402. There is hereby established a Kansas
antiquities commission, to be
23 composed of the following persons or their
designated representatives:
24 The secretary
director of the Kansas state historical
society department
25 of history and preservation,
who shall be the chairman thereof
chair-
26 person of the commission; the heads
of the departments of anthropology
27 of the university of Kansas, Kansas state
university and Wichita state uni-
28 versity; and the state archeologist on the
staff of the Kansas state
historical
29 society
[department of history and preservation], who shall
be the
30 secretary of the commission. Members of the
Kansas antiquities com-
31 mission attending meetings of such
commission, or attending a subcom-
32 mittee meeting thereof authorized by such
commission, shall be paid
33 subsistence allowances, mileage and other
expenses as provided in K.S.A.
34 75-3223.
35 Sec.
29. K.S.A. 74-5406 is hereby amended to read as follows:
74-
36 5406. Artifacts and other materials
recovered from such scientific inves-
37 tigations, if and when they are not needed
or are no longer desired for
38 retention by the original investigating
agency, shall be submitted to the
39 Kansas state historical
society [department of history and
preserva-
40 tion] for preservation if the
society director of the Kansas
state historical
41 society
department of history and preservation so
desires.
42 Sec.
30. K.S.A. 74-5408 is hereby amended to read as follows:
74-
43 5408. Any person, institution or
corporation violating any provision of this
26
1 act shall be guilty of a misdemeanor
and upon conviction shall be pun-
2 ished by a fine not exceeding
five hundred dollars ($500) $500 or im-
3 prisonment not to exceed six
(6) months, or both. All material collected
4 from the site by a convicted offender
shall be delivered to the Kansas
5 state historical
society department of history and
preservation created
6 by section 2, and amendments
thereto.
7 Sec.
31. K.S.A. 74-6614 is hereby amended to read as follows:
74-
8 6614. There is hereby created the
natural and scientific areas advisory
9 board. The advisory board shall be
attached to the state biological survey
10 and shall be within the survey as a part
thereof. All budgeting, purchasing
11 and related management functions of the
advisory board shall be admin-
12 istered under the direction and supervision
of the state biological survey.
13 All vouchers for expenditures and all
payrolls of the advisory board shall
14 be approved by the state biological survey.
The board shall consist of 11
15 members designated by the following: The
state biologist; the secretary
16 of wildlife and parks; the state forester;
the state geologist; the director
17 of the Kansas state
historical society [department of history and
pres-
18 ervation]; the director of
the state water office; the chairperson of the
19 nongame wildlife advisory council; the
secretary of health and environ-
20 ment; a member of the house of
representatives appointed by the speaker
21 of the house; a member of the senate
appointed by the president of the
22 senate; a representative of the
governor.
23 Whenever a vacancy on
the board shall occur by death, resignation or
24 otherwise of any member so appointed, the
responsible appointor shall
25 fill the same by appointment.
26 Sec.
32. K.S.A. 1999 Supp. 74-9001 is hereby amended to read as
27 follows: 74-9001. (a) There is hereby
established the council on travel and
28 tourism. The council shall consist of 17
voting members as follows: (1)
29 The chairperson of the standing committee
on transportation and tourism
30 of the senate, or a member of the senate
appointed by the president of
31 the senate; (2) the vice-chairperson of the
standing committee on trans-
32 portation and tourism of the senate, or a
member of the senate appointed
33 by the president of the senate; (3) the
ranking minority member of the
34 standing committee on transportation and
tourism of the senate, or a
35 member of the senate appointed by the
minority leader of the senate; (4)
36 the chairperson of the standing committee
on tourism of the house of
37 representatives, or a member of the house
of representatives appointed
38 by the speaker of the house of
representatives; (5) the vice-chairperson
39 of the standing committee on tourism of the
house of representatives, or
40 a member of the house of representatives
appointed by the speaker of
41 the house of representatives; (6) the
ranking minority member of the
42 standing committee on tourism, or a member
of the house of represen-
43 tatives appointed by the minority leader of
the house of representatives;
27
1 and (7) eleven members appointed by
the governor. Of the 11 members
2 appointed by the governor, one shall
be appointed from a list of three
3 nominations made by the travel
industry association of Kansas, one shall
4 be appointed from a list of three
nominations made by the Kansas lodging
5 association, one shall be appointed
from a list of three nominations made
6 by the Kansas restaurant association,
one shall be appointed from a list
7 of three nominations made by the
Kansas oil marketers and convenience
8 store association and seven shall be
appointed to represent the general
9 public. In addition to the voting
members of the council, four members
10 of the council shall serve ex officio: The
secretary of commerce, the sec-
11 retary of transportation, the secretary of
wildlife and parks and the sec-
12 retary director of
the Kansas state historical society
department of his-
13 tory and preservation. Each
ex officio member of the council may
14 designate an officer or employee of the
state agency of the ex officio
15 member to serve on the council in place of
the ex officio member. The
16 ex officio members of the council, or their
designees, shall be nonvoting
17 members of the council and shall provide
information and advice to the
18 council.
19 (b) Legislator
members shall be appointed for terms coinciding with
20 the terms for which such members are
elected, except that on July 1,
21 1997, the four legislator members serving
on the commission immediately
22 prior to such date shall cease to be
members of the council and the
23 legislator members specified in paragraphs
(1) and (2) of subsection (a)
24 shall serve on the council. Of the 11
members first appointed by the
25 governor, six shall be appointed for terms
of three years and five shall be
26 appointed for terms of two years as
determined by the governor. There-
27 after, all members appointed by the
governor shall be appointed for terms
28 of three years. All members appointed to
fill vacancies in the membership
29 of the council and all members appointed to
succeed members appointed
30 to membership on the council shall be
appointed in like manner as that
31 provided for the original appointment of
the member succeeded.
32 (c) As soon as
possible after the effective date of this act and on July
33 1, thereafter, the council shall elect a
chairperson and vice-chairperson
34 from among its members. The council shall
meet at least four times each
35 year at the call of the chairperson of the
council. Nine voting members
36 of the council shall constitute a
quorum.
37 (d) Members of
the council attending meetings of such council, or
38 attending a subcommittee meeting thereof
authorized by such council,
39 shall be paid amounts for mileage as
provided in subsection (c) of K.S.A.
40 75-3223 and amendments thereto, or a lesser
amount as determined by
41 the secretary of commerce. Amounts paid
under this subsection (d) to ex
42 officio members of the council, or their
designees, shall be from appro-
43 priations to the state agencies of which
such members are officers or
28
1 employees upon warrants of the
director of accounts and reports issued
2 pursuant to vouchers approved by the
chief administrative officers of such
3 agencies. Amounts paid under this
subsection (d) to voting members of
4 the council shall be from moneys
available for the payment of such
5 amounts upon warrants of the director
of accounts and reports issued
6 pursuant to vouchers approved by the
chairperson of the council.
7 Sec.
33. K.S.A. 1999 Supp. 74-9201 is hereby amended to read as
8 follows: 74-9201. (a) There is hereby
established the Kansas film services
9 commission. The commission shall
consist of 19 voting members as fol-
10 lows: (1) One member of the senate
appointed by the president of the
11 senate; (2) one member of the senate
appointed by the minority leader
12 of the senate; (3) one member of the house
of representatives appointed
13 by the speaker of the house of
representatives; (4) one member of the
14 house of representatives appointed by the
minority leader of the house
15 of representatives; and (5) fifteen members
appointed by the governor.
16 One of the members appointed by the
governor shall be appointed from
17 each tourism region recognized and
designated as a tourism region by
18 the secretary of commerce and housing. All
members appointed by the
19 governor shall be appointed for terms of
three years, except that of the
20 members first appointed, five shall be
appointed for one-year terms, five
21 shall be appointed for two-year terms and
five shall be appointed for
22 three-year terms. The governor shall
designate the term for which each
23 of the members first appointed shall serve.
In addition to the voting mem-
24 bers of the commission, six members of the
commission shall serve ex
25 officio: The secretary of commerce and
housing, the secretary of trans-
26 portation, the secretary of wildlife and
parks, the secretary of health and
27 environment, the executive director of the
Kansas arts commission and
28 the secretary
director of the Kansas state historical
society department
29 of history and preservation.
Each ex officio member of the commission
30 may designate an officer or employee of the
state agency of the ex officio
31 member to serve on the commission in place
of the ex officio member.
32 The ex officio members of the commission,
or their designees, shall be
33 nonvoting members of the commission and
shall provide information and
34 advice to the commission. In addition to
the voting and ex officio mem-
35 bers of the commission, the governor may
appoint such number of rep-
36 resentatives of the film industry to
nonvoting membership on the com-
37 mission as may be recommended by the
secretary of commerce and
38 housing.
39 (b) Legislative
members shall be appointed for terms coinciding with
40 the terms for which such members are
elected. All legislative members
41 and members appointed by the governor shall
serve without compensa-
42 tion. All members appointed to fill
vacancies in the membership of the
43 commission and all members appointed to
succeed members appointed
29
1 to membership on the commission shall
be appointed in like manner as
2 that provided for the original
appointment of the member succeeded. All
3 members appointed to fill vacancies
of a member of the commission ap-
4 pointed by the governor shall be
appointed to fill the unexpired term of
5 such member.
6 (c) The
members of the commission shall elect annually a chairperson
7 and vice-chairperson for the
commission from among its members. The
8 commission shall meet at least four
times each year at the call of the
9 chairperson of the commission. Ten
voting members of the commission
10 shall constitute a quorum.
11 Sec.
34. K.S.A. 75-104 is hereby amended to read as follows:
75-104.
12 (a) The governor shall keep and maintain a
full and complete record of
13 the following applications or petitions
made to the governor:
14 (1) Applications
or petitions for executive pardon, commutation of
15 sentence or clemency;
16 (2) applications
or petitions for the appointment of a named individ-
17 ual to public office when a vacancy occurs
and when the governor is
18 restricted to the appointment of nominees
so submitted;
19 (3) applications
or petitions for the appointment of a person from a
20 list of persons submitted by an
association, agency or committee where
21 the governor is limited to make an
appointment only from that list;
22 (4) applications
for the approval of grants where the governor's ap-
23 proval is a condition precedent to the
making of such grants either by a
24 state agency or by the federal
government;
25 (5) applications
or petitions for declarations of emergency;
26 (6) petitions for
the calling of a special session of the legislature pur-
27 suant to section 5 of article 1 of the
constitution of the state of Kansas;
28 and
29 (7) applications
or petitions directed to the governor and requesting
30 that the governor take action in accordance
with subsection (c) of K.S.A.
31 75-3711 and amendments thereto and exercise
a function otherwise spec-
32 ified by statute for the state finance
council.
33 (b) The record
required to be kept under subsection (a) and all re-
34 cords of the financial affairs and
transactions regarding the receipt and
35 expenditure of state moneys shall remain on
file in the office of each
36 governor during the governor's term of
office and for a period of three
37 years following the expiration of such
term.
38 (c) Following the
three-year period prescribed in subsection (b), all
39 records kept and maintained pursuant to
subsection (a) shall be trans-
40 ferred to the custody of the Kansas
state historical society
department
41 of history and preservation
and the records of the financial affairs and
42 transactions kept and maintained pursuant
to subsection (b) shall be kept
43 in the office of the governor, subject to
disposal as may be authorized by
30
1 the state records board.
2
(d) Records, correspondence and other papers of the governor
which
3 are not required to be kept and
maintained under subsections (a) or (b)
4 shall not be subject to review or
audit by the legislative post auditor under
5 the legislative post audit act.
6 (e) Upon
completion of the term of office as governor, all records,
7 correspondence and other papers of
the former governor not required to
8 be kept and maintained under
subsections (a) or (b) which relate to the
9 former governor's public duties while
governor shall be transferred to the
10 custody of the Kansas
state historical society department
of history and
11 preservation. During the
lifetime of the former governor, no person shall
12 have access to any such records,
correspondence or other papers which
13 are not required to be disclosed under
K.S.A. 45-221 and amendments
14 thereto, except upon consent of the former
governor, and the former
15 governor shall be considered the official
custodian of such records, cor-
16 respondence and other papers which are not
required to be disclosed.
17 (f) Upon the
death of a governor while in office, all records, corre-
18 spondence and other papers of such deceased
governor not required to
19 be kept and maintained under subsections
(a) or (b) which relate to such
20 governor's duties while governor shall be
transferred to the custody of
21 the Kansas state
historical society department of history
and
22 preservation.
23 (g) A person
elected or succeeding to the office of governor shall be
24 governed by the provisions of this section
as it existed at the time such
25 person was elected or succeeded to such
office.
26 Sec.
35. K.S.A. 75-1023 is hereby amended to read as follows:
75-
27 1023. Whenever the division of printing
prints any of the publications of
28 the state and of its societies and
institutions, there shall be printed extra
29 copies as necessary to deliver such number
of copies to the Kansas state
30 historical society as the
secretary director of the Kansas
state historical
31 department of history and
preservation society requests but not ex-
32 ceeding 10 copies, and 35 copies to the
state library, to be used by the
33 Kansas state historical society and
the state library in making exchanges
34 with other states, libraries, societies and
institutions for similar
35 publications, and two copies to each of the
following named libraries:
36 The library of the
university of Kansas, the library of Kansas state uni-
37 versity of agriculture and applied science,
the library of Wichita state
38 university, the libraries of Fort Hays
state university, Pittsburg state uni-
39 versity and Emporia state university. In
case any publication is issued in
40 both bound and unbound form, bound copies
shall be supplied. This
41 section shall not apply to the reports of
the supreme court of the state of
42 Kansas, or to the statutes or session
laws.
43 The director of
printing shall notify the secretary
director of the Kansas
31
1 state historical
society department of history and
preservation of the
2 printings of all publications so that
the secretary may request copies of
3 such publications.
4 Sec.
36. K.S.A. 75-2250 is hereby amended to read as follows:
75-
5 2250. (a) There shall be placed on
the grounds of the state capitol a
6 memorial to law enforcement officers
who have lost their lives in the line
7 of duty in the service of the state.
Such memorial shall be located north-
8 east of the state capitol at a site
to be selected by the director of archi-
9 tectural services. Such memorial
shall be constructed in accordance with
10 the design and architectural drawings
approved by the director of archi-
11 tectural services. The memorial shall be of
such a design that the names
12 of the officers to be honored, both past
and future, may be inscribed
13 thereon. The director of architectural
services shall annually cause the
14 name or names of any law enforcement
officer or officers who have lost
15 their lives in the line of duty in the
service of the state to be inscribed
16 upon the memorial.
17 (b) It shall be
the duty of the director of the Kansas bureau of inves-
18 tigation on or before the 15th day of March
of each year to notify the
19 secretary director
of the Kansas state historical
society department of
20 history and preservation of
the name or names of any officers who lost
21 their lives in the line of duty during the
preceding calendar year. The
22 secretary director of
the Kansas state historical
society department of
23 history and preservation
shall assemble the necessary information re-
24 garding any such officer or officers and
report the same to the director
25 of architectural services.
26 (c) The
secretary director of the Kansas
state historical society
de-
27 partment of history and
preservation is hereby authorized to receive
28 any grants, gifts, contributions or
bequests made for the purpose of fi-
29 nancing the construction of such memorial
or for its upkeep and the
30 addition of names thereto and to expend the
same for the purpose for
31 which received.
32 (d) There is
hereby established in the state treasury the law enforce-
33 ment memorial fund. Expenditures from the
fund may be made for the
34 purposes of constructing, updating and
repairing such memorial, for other
35 purposes related to memorializing and
honoring law enforcement officers
36 of Kansas and for such purposes as may be
specified with regard to any
37 grant, gift, contribution or bequest. All
such expenditures shall be au-
38 thorized by the law enforcement officers
memorial advisory committee
39 and made upon warrants of the director of
accounts and reports issued
40 pursuant to vouchers approved by the
secretary director of the Kansas
41 state historical
society department of history and
preservation, or the
42 secretary's
director's designee.
43 (e) On or before
the 10th of each month, the director of accounts
32
1 and reports shall transfer from the
state general fund to the law enforce-
2 ment memorial fund interest earnings
based on:
3 (1) The
average daily balance of moneys in the law enforcement me-
4 morial fund for the preceding month;
and
5 (2) the net
earnings rate for the pooled money investment portfolio
6 for the preceding month.
7 Sec.
37. K.S.A. 75-2251 is hereby amended to read as follows:
75-
8 2251. (a) There is hereby established
the law enforcement officers me-
9 morial advisory committee which shall
be composed of 10 members as
10 follows:
11 (1) A
representative of the Kansas peace officers association, ap-
12 pointed by the governor;
13 (2) a
representative of the Kansas chiefs of police, appointed by the
14 governor;
15 (3) a
representative of the Kansas fraternal order of police,
appointed
16 by the governor;
17 (4) a
representative of the Kansas state troopers association, ap-
18 pointed by the governor;
19 (5) a
representative of the Kansas sheriffs' association, appointed
by
20 the governor;
21 (6) the director
of the Kansas bureau of investigation, or the director's
22 designee;
23 (7) the
superintendent of the Kansas highway patrol, or the super-
24 intendent's designee;
25 (8) the attorney
general, or the attorney general's designee;
26 (9) the
secretary director of the Kansas
state historical society
de-
27 partment of history and
preservation, or the secretary's
director's des-
28 ignee; and
29 (10) the
secretary of corrections, or the secretary's designee.
30 (b) With regard
to a member to be appointed by the governor as
31 representative of the Kansas peace officers
association, the Kansas chiefs
32 of police, the Kansas fraternal order of
police, the Kansas state troopers
33 association or the Kansas sheriffs'
association, the association or group to
34 be represented may submit a list of at
least three names for consideration
35 by the governor in making the appointment.
The governor shall consider
36 each such list if timely submitted and may
appoint from among those
37 listed.
38 (c) The law
enforcement officers memorial advisory committee shall
39 be advisory to the director of
architectural services and the secretary
40 director of the Kansas
state historical society department
of history and
41 preservation with regard to
matters concerning the memorial to law
42 enforcement officers on the state capitol
grounds. The advisory commit-
43 tee may also make recommendations to the
governor and the legislature
33
1 regarding appropriate activities
memorializing or commemorating the
2 services of law enforcement officers
in Kansas. The advisory committee
3 may solicit grants, gifts,
contributions and bequests for the memorial and
4 shall remit all moneys so received
for deposit in the state treasury to the
5 credit of the law enforcement
memorial fund in accordance with K.S.A.
6 75-2250 and amendments thereto.
7 (d) The
members of the advisory committee shall organize annually
8 by electing a chairperson and
vice-chairperson. The advisory committee
9 shall meet at least once each year
upon call of the chairperson. The sec-
10 retary director of
the Kansas state historical society
department of his-
11 tory and preservation, or the
secretary's director's designee, shall
serve
12 as secretary for the advisory committee.
Members of the advisory com-
13 mittee appointed by the governor under this
section shall serve at the
14 pleasure of the governor.
15 Sec.
38. K.S.A. 75-2266 is hereby amended to read as follows:
75-
16 2266. (a) There is hereby established the
statehouse art and history com-
17 mittee. The committee shall consist of
three members, as follows:
18 (1) The secretary
of administration or the secretary's designee;
19 (2) the director
of legislative administrative services; and
20 (3) the
executive director of the Kansas
state historical society
de-
21 partment of history and
preservation.
22 (b) The secretary
of administration or the secretary's designee shall
23 serve as chairperson of the committee. The
committee shall meet on call
24 of the chairperson or at the request of a
majority of the members of the
25 committee.
26 (c) The committee
shall:
27 (1) Develop a
long-range plan for displays in the capitol to represent
28 the art, history and culture of all Kansas
citizens;
29 (2) adopt
procedures and criteria for evaluating and approving art
30 work for display in the capitol, based on
the excellence and aesthetics of
31 the work and its representation of the
multicultural art and history of the
32 state;
33 (3) adopt
procedures and criteria for evaluating and approving re-
34 moval of art work displayed in the capitol,
based on the criteria specified
35 in subsection (c)(2), and disposition and
preservation of such art work;
36 (4) adopt
procedures and criteria for evaluating and approving special
37 events and displays to be held in the
capitol, based on the quality of the
38 event or display and its relevance to the
history and culture of Kansas
39 citizens; and
40 (5) adopt and
implement procedures and criteria for the display,
41 maintenance and preservation of art works
in the capitol.
42 (d) Requests for
display of art works in the capitol shall be submitted
43 to the secretary of administration or the
secretary's designee. The sec-
34
1 retary of administration or the
secretary's designee, the director of leg-
2 islative administrative services and
the executive director of the Kansas
3 state historical
society department of history and
preservation shall
4 evaluate and approve or disapprove
those requests in accordance with the
5 procedures and criteria adopted by
the committee.
6
(e) Requests for displays or special events in the capitol
shall be sub-
7 mitted to the following for approval
or disapproval in accordance with the
8 procedures and criteria adopted by
the committee:
9 (1) The
director of legislative administrative services, for displays
or
10 special events to be held in areas assigned
to the legislature or to a leg-
11 islative staff office, department or
agency; and
12 (2) the secretary
of administration or the secretary's designee, for
13 displays or special events to be held in
other areas.
14 Sec.
39. K.S.A. 75-2566 is hereby amended to read as follows:
75-
15 2566. (a) The state librarian is hereby
authorized and directed to establish,
16 operate and maintain a publication
collection and depository system as
17 provided in this act.
18 (b) Each state
agency shall deposit with the Kansas state library cop-
19 ies of any publication issued by such state
agency in such quantity as shall
20 be specified by the state librarian.
21 (c) The state
librarian shall forward two (2) copies of all
such
22 publications to the library of congress,
one copy to the Kansas state
his-
23 torical society
department of history and preservation, one copy to
the
24 center for research libraries and one copy
shall be retained permanently
25 in the Kansas state library. Additional
copies, as may be prescribed by
26 rule and regulation, may be required for
the depository system.
27 Sec.
40. K.S.A. 75-2701 is hereby amended to read as follows:
75-
28 2701. (a) The state historical
society, heretofore organized under the in-
29 corporation laws of the
state, Kansas state historical
society department
30 of history and preservation
created by section 2, and amendments
31 thereto, shall be the trustee of the
state. As such, the society shall faithfully
32 expend and apply all money received
from the state to the uses and pur-
33 poses directed by law,
The Kansas state historical
society department of
34 history and preservation
created by section 2, and amendments thereto,
35 shall hold all the
society's present and future collections of
property for
36 the state and shall not sell, mortgage,
transfer or dispose of in any manner
37 or remove from the
society's building or buildings occupied for
historical
38 interests of the state, except for
temporary purposes, any article of prop-
39 erty without authority of law. This shall
not prevent the sale, exchange,
40 donation or other disposition by
the society of its publications,
duplicate
41 property in its collection
holdings, property outside its the scope of
col-
42 lection, hazardous property or property
with insufficient research, edu-
43 cational or exhibit value, but:
35
1 (1) No such
property shall be disposed of except by sale or exchange
2 until the society
adopts rules and regulations establishing procedures
for
3 disposition have been
adopted;
4 (2) no
rules and regulations establishing procedures for disposition
5 of such property shall be adopted
or amended until the director of the
6 Kansas state
historical society department of history and
preservation
7 first advises and consults with the
joint committee on administrative rules
8 and regulations regarding the
proposed rules and regulations;
9 (3) such
rules and regulations shall provide, with respect to property
10 which was donated by an individual,
procedures reasonably calculated to
11 notify and offer such property to such
individual or such individual's im-
12 mediate family prior to disposal, if the
property is disposed of within 20
13 years after the donation; and
14 (4) such rules
and regulations shall provide, with respect to property
15 with research, educational or exhibit
value, procedures for notifying local
16 institutions that such property is being
disposed of.
17 (b) There
shall continue to be a board of directors of the state
his-
18 torical society to consist of as
many members as the society determines.
19 (c) The Kansas
state historical
society department of history and
pres-
20 ervation may acquire
property, real or personal, by gift, bequest or oth-
21 erwise, in any amount, and upon such
conditions as the society's executive
22 committee director of
the Kansas state historical
society department of
23 history and preservation
deems best for the interests of the society
24 state. Any such property so acquired
and any state-owned historic site,
25 structure or other property which has been
placed by law under the ju-
26 risdiction and supervision of the
Kansas state historical
society depart-
27 ment of history and
preservation shall be administered by the
society
28 in the public interest, and the
society director of the Kansas
state histor-
29 ical society
department of history and preservation shall provide
for
30 the preservation of such property and shall
adopt rules and regulations
31 for the Kansas state
historical society department of history and
pres-
32 ervation as necessary for the
proper use and enjoyment of such property.
33 For this purpose the
society director of the Kansas
state historical society
34 department of history and
preservation may fix, charge and collect
35 fees for admittance to any state-owned
historic site, structure or property
36 which has been placed under the
jurisdiction and supervision of the Kan-
37 sas state historical
society department of history and
preservation and
38 is further authorized to provide exemptions
from such fees or to fix re-
39 duced fees for one or more categories of
persons.
40 (d) The
society shall remit (c) The director of the
Kansas state his-
41 torical
society department of history and
preservation shall advise and
42 consult with the not-for-profit Kansas
state historical society, inc., and
43 shall consider the recommendations
thereof, prior to (1) accepting or oth-
36
1 erwise acquiring any property,
real or personal, by gift, bequest or oth-
2 erwise, as authorized by law, or
(2) taking any action authorized by law
3 to sell, transfer or dispose of in
any manner any property in collection
4 holdings or any other state
historic property.
5
(d) All moneys received by the society
under the provisions of sub-
6 section (c) (b)
shall be remitted to the state treasurer at least monthly.
7 Upon receipt of any such remittance
the state treasurer shall deposit the
8 entire amount thereof in the state
treasury and the same shall be credited
9 to the historic properties fee fund
which is hereby created. All expendi-
10 tures from such fund shall be made in
accordance with appropriation acts
11 upon warrants of the director of accounts
and reports issued pursuant to
12 vouchers approved by the
secretary director of the Kansas
state historical
13 society
department of history and preservation or a person
designated
14 by the secretary
director.
15 Sec.
41. K.S.A. 75-2702 is hereby amended to read as follows:
75-
16 2702. It shall be the duty of the
society to (a) The Kansas state
historical
17 society
department of history and preservation
shall:
18
(1) Collect by gift, exchange or purchase books, maps,
newspapers,
19 pamphlets, periodicals, photographs,
artifacts, relics, paintings, manu-
20 scripts and other papers and material
illustrative of the history of Kansas
21 in particular, and the west generally;
to
22
(2) catalog the collections of the Kansas
state historical
society de-
23 partment of history and
preservation for the more convenient refer-
24 ence of all persons who may have occasion
to consult the same; to
25 (3) keep
its such collections arranged in suitable
and convenient
26 rooms, the rooms of the society to
be and keep such rooms open at all
27 reasonable hours on business days and on
Saturday mornings and during
28 such other hours as may be prescribed by
the secretary of administration
29 for the reception of the citizens of this
state who may wish to visit the
30 same; to such
collections;
31
(4) maintain museums in its buildings and
in such other places as may
32 be authorized;
to
33
(5) inculcate through publications, museum extension
services and
34 other media a wider and fuller knowledge
and appreciation of the history
35 of Kansas and its
significance, and specifically to
publish a historical jour-
36 nal and such other historical materials as
may be possible within the lim-
37 itations of proceeds received
therefor from membership income appro-
38 priations and, because it is in the
best interest of the state of Kansas and
39 its historical heritage to loan, in
its the discretion of the director of
the
40 Kansas state
historical society department of history and
preservation,
41 for such periods and under such rules
and regulations and restrictions as
42 it the director may
adopt, to libraries, educational institutions and other
43 organizations such books, pamphlets, museum
objects, or other materials
37
1 that if lost or destroyed could
easily and without much expense be re-
2 placed; to
3
(6) take an active interest in the preservation and use
of noncurrent
4 public records of historical
importance of counties, cities, villages, towns,
5 school districts and other local
governmental units; to and
6
(7) cause to be bound, as necessary for their
preservation, the un-
7 bound books, pamphlets, clippings and
newspaper files in its the posses-
8 sion of the Kansas
state historical society
department of history and
9 preservation.
10 (b) No
expenditure shall be made under this act or expense incurred
11 except in pursuance of
specific accordance with appropriations
therefor,
12 and no officer of the society shall
pledge the credit of the state in excess
13 of such appropriation.
14 Sec.
42. K.S.A. 75-2703 is hereby amended to read as follows:
75-
15 2703. To enable the Kansas
state historical
society department of
his-
16 tory and preservation to
augment its the state's collections, by
effecting
17 conducting exchanges with other
societies and institutions, not to exceed
18 10 bound copies each of the several
publications of the state, and of its
19 societies and institutions, as requested by
the secretary director of the
20 Kansas state
historical society
department of history and preservation,
21 except the reports of the supreme court and
the statutes and session laws,
22 which are not printed by the division of
printing shall be donated to the
23 Kansas state
historical society
department of history and preservation
24 as issued and delivered to the
Kansas state historical
society department
25 of history and preservation
by the officer having custody of the
26 publications. In addition the Kansas
state historical
society department
27 of history and preservation
shall receive from the officer having custody
28 of the publications one set of supreme
court reports and six sets of the
29 statutes and session laws.
30
31
32 Sec.
43. K.S.A. 75-2704 is hereby amended to read as follows:
75-
33 2704. The secretary
director of the Kansas state historical
society de-
34 partment of history and
preservation shall not permit any of the files,
35 documents or records of the
society state to be removed from the
building
36 or buildings where the society's
office and rooms such files, documents
37 or records are located. This section
shall not prevent the removal of ma-
38 terials for temporary purposes or the sale,
exchange, donation or other
39 disposition of property as authorized in
K.S.A. 75-2701 and 75-2702, and
40 amendments thereto.
41 Sec.
44. K.S.A. 75-2705 is hereby amended to read as follows:
75-
42 2705. (a) A copy of any file, document or
record in the custody of said
43 the Kansas state
historical society
department of history and preser-
44 vation, duly certified by the
secretary of the state historical society or
his
45 or her director of the
Kansas state historical society
department of his-
38
1 tory and preservation
or the director's authorized agent, may be re-
2 ceived in evidence with the same
effect as the original. To partially re-
3 imburse the state for the cost of
such copies or services the secretary
4 director of the Kansas
state historical
societydepartment of history and
5 preservation shall
prescribe the fees, if any, to be paid for certified copies
6 in amounts approved by the director
of accounts and reports under K.S.A.
7 45-204 and the fees, if any, for
search of the files or records when no
8 certified copy is made.
9 (b) All
moneys received under this section shall be remitted to the
10 state treasurer at least monthly. Upon
receipt of each such remittance,
11 the state treasurer shall deposit the
entire amount thereof in the state
12 treasury and the same shall be credited to
the state general fund.
13 Sec.
45. K.S.A. 75-2713 is hereby amended to read as follows:
75-
14 2713. There is hereby created a microfilm
division within the Kansas state
15 historical society
department of history and preservation. It
shall be
16 the duty of The division
to shall reproduce on film such archives,
news-
17 papers and other records as the
secretary director of the Kansas
state
18 historical society
may deem advisable [department of history
and pres-
19 ervation] determines to be
in the best interests of the state. The person
20 in immediate charge of such work shall be
known as the microfilm tech-
21 nician, who shall be appointed by
said secretary the director and whose
22 duty shall be to operate and supervise the
operation of microfilm equip-
23 ment within said
the division.
24 Sec.
46. K.S.A. 75-2714 is hereby amended to read as follows:
75-
25 2714. (a) Each agency and political
subdivision of this state shall cooperate
26 with the Kansas state
historical society department of history and
pres-
27 ervation in its
administration of the property under the society's
juris-
28 diction and control of
the Kansas state historical
society department of
29 history and preservation in
order to preserve the historic character and
30 integrity thereof. The director of the
Kansas state historical
society de-
31 partment of history and
preservation may enter into agreements with
32 any such agency or subdivision, with any
agency of the federal govern-
33 ment or with any private individual or
entity concerning the construction
34 or proposed construction of any road,
street, highway or structure which,
35 due to its proximity to property under the
society's jurisdiction and control
36 of the Kansas state
historical society department of history and
pres-
37 ervation, would compromise
the historic character or integrity of such
38 property.
39 (b) No agency or
political subdivision of the state and no other entity
40 shall exercise the power of eminent domain
with respect to any property
41 under the society's jurisdiction
and control of the Kansas state
historical
42 society
department of history and preservation without the
prior writ-
43 ten approval of the
society director of the Kansas
state historical society
39
1 department of history and
preservation. No such agency, subdivision
2 or entity and no other person shall
change or alter, or cause to be changed
3 or altered, the physical features or
historic character or integrity of such
4 property without the prior written
approval of the Kansas state
historical
5 society
department of history and preservation. Within 20
days after
6 receipt of notice of the
society's director's refusal to grant such
approval,
7 which notice shall be sent by
registered or restricted mail, any party ag-
8 grieved by the decision of the
society director may make written
appli-
9 cation to the secretary of state for
a hearing thereon. Such hearing shall
10 be held by the secretary of state within 30
days after receipt of the ap-
11 plication therefor and shall be conducted
in accordance with the provi-
12 sions of the Kansas administrative
procedure act, with the applicant and
13 the Kansas state
historical society
department of history and preser-
14 vation as parties thereto.
Following the hearing, the secretary of state
15 shall enter an order affirming, reversing
or modifying the decision of the
16 society director of the
Kansas state historical society
department of his-
17 tory and preservation. The
decision of the secretary of state shall be
18 final.
19 (c) The attorney
general, on relation of the director of the Kansas
20 state historical
society department of history and
preservation or the
21 secretary of state, shall file an action in
the appropriate district court to
22 enjoin any agency or political subdivision
of the state or any other person
23 or entity from doing any act in
contravention of an order of the secretary
24 of state or from doing any act contemplated
by subsection (b) of this
25 section without the prior written approval
of the director of the Kansas
26 state historical
society [department of history and
preservation], un-
27 less authority to do such act has been
granted by the secretary of state
28 pursuant to that subsection.
29 Sec.
47. K.S.A. 75-2717 is hereby amended to read as follows:
75-
30 2717. (a) The Kansas
state historical society department
of history and
31 preservation is hereby
designated as the state historic preservation
32 agency.
33 (b) The
secretary director of the Kansas
state historical society
de-
34 partment of history and
preservation shall act as shall appoint
the state
35 historic preservation officer for
the conduct of who shall be in the clas-
36 sified service under the Kansas civil
service act and who shall be respon-
37 sible and have authority for
relations with representatives of the federal
38 government and other states with respect to
matters of historic
39 preservation.
40 (c) On and
after July 1, 2000
[2001] 2000,
whenever the state his-
41 torical society, or words of like
effect, and whenever the secretary of the
42 state historical society or the
executive director of the state historical so-
43 ciety, or words of like effect, are
referred to or designated by a statute,
40
1 contract or other document, and
such reference or designation is to the
2 powers, duties or functions of the
state historic preservation officer as
3 such office existed prior to July
1, 2000
[2001] 2000, such
reference or
4 designation shall be deemed to
apply to the state historic preservation
5 officer appointed pursuant to this
section.
6 (d) All
policies, orders and directives of the secretary of the state
his-
7 torical society or the executive
director of the state historical society that
8 are in existence on June 30,
2000 [2001]
2000, and are policies, orders
9 and directives of such secretary
or executive director acting as the state
10 historic preservation officer, shall
continue to be effective and shall be
11 deemed to be policies, orders and
directives of the state historic preser-
12 vation officer appointed pursuant to
this section until revised, amended
13 or nullified pursuant to law.
14 Sec.
48. K.S.A. 75-2718 is hereby amended to read as follows:
75-
15 2718. The secretary
director of the Kansas state historical
society de-
16 partment of history and
preservation is authorized to shall
appoint
17 such professional and other staff members
as may be necessary to carry
18 out the duties assigned to the state
historic preservation agency by law
19 and such other duties as may be necessary
to meet the requirements for
20 participation in the federal historic
preservation program. All such pro-
21 fessional and other staff positions
shall be in the classified service under
22 the Kansas civil service act and shall
report to the state historic preser-
23 vation officer.
24 Sec.
49. K.S.A. 75-2719a is hereby amended to read as follows:
75-
25 2719a. (a) There is hereby established the
state historic sites board of
26 review which shall be composed of the
following members: (1) The gov-
27 ernor or the governor's designee; (2) the
state historic preservation officer
28 or such officer's designee; and (3) nine
members appointed by the gov-
29 ernor, at least one of whom shall be
professionally qualified in the field
30 of architecture, one professionally
qualified in the field of history, one
31 professionally qualified in the field of
prehistoric archeology, one profes-
32 sionally qualified in the field of historic
archeology and one professionally
33 qualified in the field of architectural
history. A majority of the members
34 of the board shall be professionally
qualified in at least one of such fields.
35 (b) The term of
office of each member of the board appointed by
36 the governor shall expire on June 30 of the
third year following the year
37 of appointment, except that the
term of office of the members appointed
38 to the first board on and after the
effective date of this act shall be as
39 follows: Three members shall be
appointed for terms which expire on
40 June 30 of the next succeeding year
after the year of appointment, three
41 members shall be appointed for
terms which expire on June 30 of the
42 second year following the year of
appointment and three members shall
43 be appointed for terms which expire
on June 30 of the third year following
41
1 the year of
appointment. The governor shall designate the term
of office
2 for each member appointed by
the governor to the first board. Upon the
3 expiration of a term of office of a
member of the board appointed by the
4 governor, the governor shall appoint
a qualified successor. Each member
5 of the board appointed by the
governor shall serve until a successor is
6 appointed and qualified. Whenever a
vacancy occurs among the mem-
7 bership of the board appointed by the
governor for any reason other than
8 the expiration of a member's term of
office, the governor shall appoint a
9 qualified successor to fill the
unexpired term.
10 (c) Members of
the state historic sites board of review attending
11 meetings of such board, or attending a
subcommittee meeting thereof
12 authorized by such board, shall be paid
amounts provided in subsection
13 (e) of K.S.A. 75-3223 and amendments
thereto. Amounts paid under this
14 subsection (c) to ex officio members of the
state historic sites board of
15 review shall be from appropriations to the
state agencies of which such
16 members are employees upon warrants of the
director of accounts and
17 reports issued pursuant to vouchers
approved by the chief administrative
18 officers of such agencies. Amounts paid
under this subsection (c) to mem-
19 bers of the board appointed by the governor
shall be from appropriations
20 to the Kansas state
historical society [department of history and
pres-
21 ervation] upon warrants of
the director of accounts and reports issued
22 pursuant to vouchers approved by the
secretary director of the Kansas
23 state historical
society department of history and
preservation or the
24 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 state
historical society department of history and
pres-
37 ervation. All budgeting,
purchasing and related management functions
38 shall be administered under the
direction of the director of the Kansas
39 state historical
society department of history and
preservation. All
40 vouchers for expenditures by the board
shall be approved by the director
41 the Kansas state
historical society department of history and
preser-
42 vation or the director's
designee.
43 Sec.
50. K.S.A. 75-2721 is hereby amended to read as follows:
75-
42
1 2721. (a) Under the supervision
and control of the director of the Kansas
2 state historical
society department of history and
preservation, the
3 state historical
society historic preservation officer shall have
the following
4 historic preservation powers and
duties:
5
(1) Undertake a statewide survey to identify and document
historic
6 properties, including all those owned
by the state, its instrumentalities
7 and political subdivisions.
8 (2) Prepare
and maintain a state register of historic places, which shall
9 include all those listed on the
national register of historic places. The
10 historical society
state historic preservation officer shall adopt
standards
11 for the listing and maintenance of historic
properties on the state register
12 consistent with relevant federal standards
for preservation and care of
13 historic properties.
14 (3) Prepare the
state's preservation plan, review such plan annually
15 and make appropriate revisions.
16 (4) Within limits
of available resources, acquire historic properties by
17 gift, purchase, devise or bequest;
preserve, restore and administer such
18 properties; and transfer such properties
when authorized by law.
19 (5) Establish
standards and criteria for the acquisition of historic
20 properties and for the preservation,
restoration, maintenance and oper-
21 ation of properties under the jurisdiction
of the agency Kansas state
his-
22 torical
society department of history and
preservation, and, when
23 deemed proper, to charge reasonable
admission fees to such properties.
24 (6) Undertake the
procedures necessary to qualify the state for par-
25 ticipation in sources of federal aid for
historic preservation purposes.
26 (7) Provide
information concerning historic properties within the
27 state to the agencies and instrumentalities
of the federal, state and local
28 governments and, where appropriate, to
private individuals and
29 organizations.
30 (8) Cooperate
with federal, state and local government agencies in
31 the planning and conduct of specific
undertakings affecting historic prop-
32 erties and preservation objectives and in
overall land-use planning.
33 (9) Disburse
federal and state funds to local governments and private
34 agencies and individuals for historic
preservation work; establish stan-
35 dards of eligibility to receive such funds;
and enter into maintenance
36 agreements with local governments and
private agencies concerning his-
37 toric properties.
38 (10) Participate
in national and international conferences and pro-
39 grams concerning historic preservation and
cooperate with federal offi-
40 cials and agencies in the conduct of such
activities.
41 (11) Subject to
limitations of staff and resources, provide technical
42 and financial assistance to local historic
preservation organizations and
43 private parties involved in historic
preservation activities.
43
1
(12) Assist, where possible, in developing public interest in
historic
2 preservation through the development
and implementation of interpre-
3 tive programs for historic properties
and through the management of the
4 state's historical marker
program.
5
(13) Develop an ongoing program of historical, architectural
and ar-
6 cheological research and development,
to include continuing surveys, ex-
7 cavation, scientific recording,
interpretation and publication of the state's
8 historical, architectural,
archeological and cultural resources. A reasona-
9 ble charge may be made for
publications.
10 (14) Request that
the attorney general take action authorized under
11 subsection (d) of K.S.A. 75-2724 and
amendments thereto against any
12 person or entities who fail to obtain any
demolition or building permit
13 required by local or state law.
14 (b) With the
advice of the state historic preservation officer, the
di-
15 rector of the Kansas
state historical society
department of history and
16 preservation shall adopt
rules and regulations to implement and admin-
17 ister the provisions of K.S.A. 75-2715
through 75-2725, and amendments
18 thereto.
19 Sec.
51. K.S.A. 75-2722 is hereby amended to read as follows:
75-
20 2722. The Kansas state
historical society [department of history
and
21 preservation] may enter into
and carry out contracts with the federal
22 government or any agency thereof under
which said such government or
23 agency grants financial or other assistance
to the Kansas state
historical
24 society
[department of history and preservation] to further
the pur-
25 poses of this act. The Kansas
state historical
society [department of his-
26 tory and preservation] may
agree to and comply with any reasonable
27 conditions not inconsistent with state law
which are imposed on such
28 grants. Such grant funds or other
assistance may be accepted from the
29 federal government or an agency thereof and
expended whether or not
30 pursuant to a contract. The Kansas
state historical
society department
31 of history and preservation
may further enter into and carry out con-
32 tracts with local governments or their
agencies and with any private party
33 to further the purposes of this act.
34 Sec.
52. K.S.A. 75-2723 is hereby amended to read as follows:
75-
35 2723. (a) The Kansas
state historical society department
of history and
36 preservation is hereby
designated as the official state agency to admin-
37 ister federal assistance under provisions
of the national historic preser-
38 vation act of 1966 and to accept and
disburse funds apportioned to the
39 state under the provisions of
said that act.
40 (b) The
Kansas state historical society
department of history and
41 preservation, as the
administrative agency for the state for such federal
42 assistance and benefits as may be available
under the national historic
43 preservation act of 1966, shall have the
right and is authorized and em-
44
1 powered to:
2 (1) Apply
for such assistance and benefits as may be available to the
3 state under said
that act, and the state treasurer is hereby authorized
to
4 receive and disburse such moneys upon
the proper voucher by the agency
5 Kansas state
historical society department of history and
preservation.
6
(2) Disburse federal and state funds to eligible local
governments and
7 private agencies and individuals as
directed by the historic sites board of
8 review according to the priorities
established in the Kansas preservation
9 plan.
10 (3) Enter into
contracts and agreements with individuals, organiza-
11 tions, municipalities, governmental
agencies and with the United States
12 or any appropriate agency thereof.
13 (4) Keep
financial and other records thereto and to furnish appro-
14 priate officials and agencies of the state
and of the United States such
15 reports and information as may be
reasonably necessary to enable such
16 officials and agencies to perform their
duties under said program.
17 (5) Perform such
other acts as may be necessary to comply with fed-
18 eral requirements in securing for the state
the benefits provided by the
19 national historic preservation act of
1966.
20 (c) The
Kansas state historical society
department of history and
21 preservation shall make no
commitment or enter into any agreement
22 pursuant to the exercise of authority under
this act until it has determined
23 that sufficient funds are available to meet
the state's share, if any, of the
24 project cost.
25 Sec.
53. K.S.A. 75-2725 is hereby amended to read as follows:
75-
26 2725. The state of Kansas or any county,
municipality or other political
27 subdivision having capacity to sue and be
sued, the Kansas state historical
28 society
department of history and preservation created by
section 2,
29 and amendments thereto, and any city
or county historical society which,
30 for more than two (2)
years prior to filing such action, has been organized,
31 has elected officers and has received
compensation, funds or reimburse-
32 ments from a city or county pursuant to
K.S.A. 12-1660 or 19-2649, and
33 amendments thereto, may maintain an action
in the district court having
34 jurisdiction where an alleged violation
occurred or is threatened for such
35 equitable and declaratory relief as may be
necessary to enforce the pro-
36 visions of this act and to protect historic
property from unauthorized or
37 improper demolition, alteration or
transfer.
38 Sec.
54. K.S.A. 75-2726 is hereby amended to read as follows:
75-
39 2726. (a) The state of Kansas shall not
acquire or make a commitment to
40 acquire by gift, lease, purchase or other
means any historic property for
41 purposes of historic preservation of such
property unless such property
42 is listed on the national register of
historic places and, in any case, until
43 an application for acquisition of historic
property is filed with the secretary
45
1 director of the Kansas
state historical society department
of history and
2 preservation and the
state historic sites board of review has reviewed
3 such application and submitted a
report and findings in regard to the
4 acquisition of such property to the
governor and the legislature in ac-
5 cordance with this section.
6 (b) An
application for acquisition of historic property shall be filed
7 with the secretary
director of the Kansas state historical
society depart-
8 ment of history and
preservation on forms prepared by the
secretary
9 of the state historical
society director and shall contain such
information
10 concerning such historic property as the
secretary of the state historical
11 society director
may require. Each such application for acquisition of any
12 historic property shall be signed by at
least 1,000 of the qualified electors
13 of this state and at least 25% of the
number of the electors signing the
14 application shall be also qualified
electors of the county where the historic
15 property is located.
16 (c) Upon the
receipt of such application, the secretary
director of the
17 Kansas state historical
society department of history and
preservation
18 shall notify the chairperson of the state
historic sites board of review that
19 an application has been received. The state
historic sites board of review
20 shall meet to conduct fact-finding hearings
and otherwise investigate the
21 application for acquisition of historic
property. The state historic sites
22 board of review shall make a report and
findings on the factors established
23 in subsection (e). If, prior to the time
the state historic sites board of
24 review makes a report and findings, changes
have occurred to the prop-
25 erty that have destroyed, removed, reduced
or otherwise irreparably al-
26 tered those features, characteristics,
elements, materials or values that
27 made the property historically important,
the board may direct a cessation
28 of the investigation and research efforts
on that property and shall notify
29 the individual or group submitting the
petition, the governor and the
30 legislature of the reasons for cessation of
the investigation.
31 (d) If an
application for acquisition of historic property previously
32 proposed for acquisition and previously
investigated by the state historic
33 sites board of review is filed with the
secretary director of the Kansas
34 state historical
society department of history and
preservation, the
35 state historic sites board of review
may, in its discretion, may
decide
36 whether or not to conduct a new
investigation of the historic property.
37 (e) Upon review
of an application for acquisition of historic property,
38 the state historic sites board of review
shall make findings on the following
39 factors:
40 (1) Whether the
historic property has sufficient historical signifi-
41 cance, educational value and general public
interest to justify acquisition;
42 (2) what the
costs of acquisition, restoration, development, operation
43 and maintenance of the historic property
will be for at least five fiscal
46
1 years subsequent to the proposed date
of acquisition;
2 (3) whether
the historic property will generate financial revenues in
3 the future and an estimate of the
amount of such revenues for at least
4 five fiscal years subsequent to the
proposed date of acquisition of the
5 historic property;
6 (4) whether
there exists sufficient local financial assistance to support
7 a partnership of the state, local
governments and private sources for the
8 development and ongoing maintenance
and operation of the historic
9 property and the degree of assurance
that such local financial assistance
10 is committed for these purposes;
11 (5) whether the
historic property is duplicative of other historic prop-
12 erty operated by the Kansas
state historical society department
of his-
13 tory and preservation;
14 (6) whether the
historic property retains an original appearance, set-
15 ting and materials which are adequate to
interpret its significance;
16 (7) whether the
historic property is accessible or can be made acces-
17 sible to visitors by customary means of
transportation and the costs in-
18 volved in making the historic property
accessible;
19 (8) whether the
historic property has access to utilities and other serv-
20 ices required for its preservation and
operation and the costs involved in
21 obtaining such access;
22 (9) whether the
historic property illustrates, interprets or is identified
23 with an important aspect of Kansas history
or prehistory; and
24 (10) such other
factors or information as the state historic sites board
25 of review deems relevant.
26 (f) Upon the
completion of its investigation of the application for
27 acquisition of historic property, the state
historic sites board of review
28 shall report its findings to the governor
and to the legislature. Such report
29 shall be made not later than one year
subsequent to the receipt by the
30 secretary director
of the Kansas state historical
society department of
31 history and preservation of
the application for acquisition of historic
32 property.
33 (g) As used in
this section, the terms ``historic preservation'' and ``his-
34 toric property'' shall have the meanings
ascribed to such terms in K.S.A.
35 75-2716 and amendments thereto.
36 Sec.
55. K.S.A. 75-2728 is hereby amended to read as follows:
75-
37 2728. (a) As approved by the committee on
surety bonds and insurance,
38 the Kansas state
historical society department of history and
preser-
39 vation is hereby authorized
to purchase insurance against loss or damage
40 to collections or other personal property
from any casualty whether
41 owned by or in the care, custody or control
of the Kansas state historical
42 society
department of history and preservation.
43 (b) The
society shall remit All moneys received by the
society under
47
1 the provisions of subsection (a)
shall be remitted to the state treasurer at
2 least monthly. Upon receipt of any
such remittance the state treasurer
3 shall deposit the entire amount
thereof in the state treasury and the same
4 shall be credited to the insurance
collection replacement/reimbursement
5 fund which is hereby created. All
expenditures from such fund shall be
6 made in accordance with appropriation
acts upon warrants of the director
7 of accounts and reports issued
pursuant to vouchers approved by the
8 secretary
director of the Kansas state historical
society or a person des-
9 ignated by the
secretary department of history and
preservation or
10 the director's designee.
11 Sec.
56. K.S.A. 75-2729 is hereby amended to read as follows:
75-
12 2729. (a) (1) There is hereby established
in the state treasury the heritage
13 trust fund. All moneys deposited in the
heritage trust fund shall be used
14 for the purpose of awarding grants to
assist historic preservation projects
15 involving property included in the national
register of historic places or
16 the state register of historic places,
excluding property owned by the state
17 or federal government, and shall be used by
the director of the Kansas
18 state historical
society department of history and
preservation for the
19 administration of the heritage trust fund
program. At least 50% of the
20 amount awarded annually in grants shall be
used for the preservation of
21 eligible properties owned by county and
local governments, county and
22 local historical societies and by private
nonprofit organizations. The di-
23 rector of the Kansas
state historical society department
of history and
24 preservation may also provide
grant assistance from moneys in the her-
25 itage trust fund on a matching basis and
also may establish a revolving
26 fund loan program from moneys in such fund.
The director of the Kansas
27 state historical
society department of history and
preservation may
28 establish different matching fund
requirements for the various types of
29 applicants, but the matching contributions
required from for-profit cor-
30 porations shall be dollar for dollar.
For-profit corporation applicants shall
31 be assisted only if the property's
continued existence is threatened or its
32 rehabilitation is not economically feasible
without grant assistance. The
33 director of the Kansas
state historical society department
of history and
34 preservation shall ensure
that such moneys are expended for the purpose
35 of this section, and may adopt rules and
regulations for the Kansas
state
36 historical
society department of history and
preservation as necessary
37 to carry out the purpose of this
section.
38 (2) In evaluating
grant applications involving historic preservation
39 projects under subsection (a)(1), the
director of the Kansas state
historical
40 society
department of history and preservation shall consider
the fol-
41 lowing factors: The level of historical
significance of the property; the
42 condition of the property; the urgency of
the preservation work proposed;
43 whether or not the property is endangered;
the type of work proposed; a
48
1 geographical distribution of assisted
properties; the administrative ability
2 of the applicant; the potential
benefit to the community and the state;
3 community support for the project;
ineligibility of the project for other
4 funds; and an assessment of the need
of the owner for the grant assistance
5 to do the project.
6 (3)
(A) The director of the Kansas state
historical society depart-
7 ment of history and
preservation shall establish provisions to recapture
8 grant moneys in accordance with the
following factors: (i) If an approved
9 rehabilitated building is held by the
grantee for longer than five years
10 after the completion of the grant project,
there is no recapture of the
11 grant funds; (ii) if the owner, or
designated heir, in the case of the owner's
12 death, disposes of the property after a
holding period of less than one
13 year after the completion of the grant
project, 100% of the grant is re-
14 captured; and (iii) for properties
held between one and five years, the
15 grant recapture amount is reduced by 20%
per year.
16 (B) The
director of the Kansas state historical
society department of
17 history and preservation may
inspect a rehabilitated property at any
18 time during the five-year period and may
revoke or invalidate the approval
19 if work was not undertaken as presented in
the grant application or if
20 further unapproved alterations have been
made. Modifications made dur-
21 ing the five-year period following the
completion of the grant shall be
22 made in accordance with standards
established by the director of the
23 Kansas state historical
society department of history and
preservation.
24 (b) On or before
the 10th of each month, the director of accounts
25 and reports shall transfer from the state
general fund to the heritage trust
26 fund interest earnings based on:
27 (1) The average
daily balance of moneys in the heritage trust fund
28 for the preceding month; and
29 (2) the net
earnings rate for the pooled money investment portfolio
30 for the preceding month.
31 (c) Except as
otherwise provided in this section, all expenditures from
32 the heritage trust fund shall be made in
accordance with appropriation
33 acts upon warrants of the director of
accounts and reports issued pursuant
34 to vouchers approved by the
secretary director of the Kansas
state his-
35 torical society
department of history and preservation or a
person
36 designated by the
secretary the director's designee.
37 Sec.
57. K.S.A. 75-2743 is hereby amended to read as follows:
75-
38 2743. As used in this act:
39 (a) ``Board''
means the unmarked burial sites preservation board.
40
(b) ``Evaluation'' means assessment by the Kansas state
historical so-
41 ciety of the nature of human skeletal
remains and goods interred with
42 such remains and the situation in which
they are located to make rec-
43 ommendations for action and disposition of
the remains or goods under
49
1 this act.
2 (c) ``Human
skeletal remains'' means any part of the body of a de-
3 ceased human being, in any stage of
decomposition.
4
(d) ``Person'' means an individual, unincorporated
association, part-
5 nership, limited partnership,
corporation or governmental entity.
6
(e) ``Society action'' means any evaluation, investigation,
disinter-
7 ment, study, reinterment or other
disposition carried out by the Kansas
8 state historical
society department of history and
preservation, with
9 board approval, using moneys
appropriated to the Kansas state
historical
10 society
department of history and preservation.
11 (f) ``Unmarked
burial site'' means any interment by whatever means
12 of human skeletal remains, other than a
burial site in a cemetery otherwise
13 protected by Kansas statute.
14 Sec.
58. K.S.A. 75-2744 is hereby amended to read as follows:
75-
15 2744. (a) There is hereby created the
unmarked burial sites preservation
16 board. The board shall be
is attached to the Kansas state historical
society
17 department of history and
preservation. All budgeting, purchasing and
18 related management functions shall be
administered under the direction
19 of the secretary
director of the Kansas state historical
society department
20 of history and preservation.
All vouchers for expenditures of the board
21 shall be approved by the
secretary director of the Kansas
state historical
22 society
department of history and preservation or the
director's
23 designee.
24 (b) The board
shall consist of:
25 (1) The state
archeologist;
26 (2) a physical
anthropologist, appointed by the governor, who is em-
27 ployed by an institution of higher
education located in this state, holds a
28 doctorate degree representing specialized
training in skeletal biology or
29 forensic osteology and has demonstrated
ability to design and execute a
30 human skeletal analysis and to present the
written results and interpre-
31 tations of the analysis in a thorough,
scientific and timely manner;
32 (3) a historian,
appointed by the governor, who is employed by the
33 Kansas state historical
society department of history and
preservation
34 or an institution of higher education
located in this state, holds an ad-
35 vanced degree in American history and has
specialized in Kansas history;
36 (4) four tribal
representatives, one from each of the four resident
37 Kansas Indian tribes (Pottawatomie,
Kickapoo, Iowa and Sac and Fox),
38 to be selected by the governing body of the
respective tribe; and
39 (5) two members,
appointed by the governor, who represent the gen-
40 eral public but are not members of the
interest groups represented by
41 the members enumerated in subsections
(a)(2) through (4).
42 (c) Of
the appointive members first appointed to the board:
The
43 member who is a physical
anthropologist and the member who represents
50
1 the Pottawatomie tribe shall
serve for terms of one year; the member
2 who is a historian, the
member representing the Kickapoo tribe and one
3 member of the general public,
as designated by the governor, shall serve
4 for terms of two years; and
the member who represents the Iowa tribe,
5 the member who represents the
Sac and Fox tribe and one member of
6 the general public, as
designated by the governor, shall serve for terms
7 of three years. Upon
expiration of such terms, All appointive
members
8 of the board shall serve for
terms of three years.
9
(d) Appointive members of the board attending meetings of
the
10 board or a subcommittee meeting authorized
by the board shall be paid
11 compensation and subsistence allowances,
mileage and other expenses as
12 provided by K.S.A. 75-3223 and amendments
thereto.
13 (e) The state
archeologist shall serve as chairperson of the board.
14 (f) The
secretary director of the Kansas
state historical society
de-
15 partment of history and
preservation shall serve as secretary of the
16 board and shall provide such office space
and such staff as necessary for
17 the performance of the duties prescribed by
this act.
18 Sec.
59. K.S.A. 75-2748 is hereby amended to read as follows:
75-
19 2748. (a) On and after January 1, 1990, no
person shall, unless such person
20 holds a permit issued by the board to do so
or is exempt pursuant to
21 subsection (b):
22 (1) Willfully
disturb an unmarked burial site;
23 (2) knowingly
possess human skeletal remains known to have been
24 from an unmarked burial site, or goods
interred with such remains;
25 (3) display human
skeletal remains known to have been from an un-
26 marked burial site, or goods interred with
such remains;
27 (4) sell, trade
or give away human skeletal remains known to have
28 been from an unmarked burial site, or goods
interred with such remains;
29 or
30 (5) throw away or
discard human skeletal remains known to have
31 been from an unmarked burial site, or goods
interred with such remains.
32 (b) Subsection
(a)(2) shall not apply to possession of human skeletal
33 remains or burial goods by the
Kansas state historical society
department
34 of history and preservation
or institutions of higher education repre-
35 sented on the Kansas antiquities commission
pursuant to K.S.A. 74-5402
36 and amendments thereto, but the board, in
consultation with interested
37 parties, shall review the collections of
the Kansas state historical
society
38 department of history and
preservation and such society and
institu-
39 tions and report to the legislature on or
before January 13, 1992, any
40 recommendations it has concerning human
skeletal remains and burial
41 goods which are part of such collections
and are from unmarked burial
42 sites. Subsections (a)(1) through (5) shall
not apply to:
43 (1) Disinterment,
possession, display, transfer, reinterment or dis-
51
1 position of human skeletal remains,
or goods interred with such remains,
2 which are determined by a coroner to
be remains described by K.S.A.
3 22a-231 and amendments thereto;
and
4 (2) private
collections of burial goods acquired prior to January 1,
5 1990.
6
(c) Violation of this section is a crime punishable:
7 (1) Upon
conviction of a first offense, by a fine of not more than
8 $10,000, if the commercial and
archeological value of the remains and
9 goods involved and all costs related
to their restoration and repair is
10 $5,000 or less;
11 (2) upon
conviction of a first offense, by a fine of not more than
12 $20,000, if the commercial and
archeological value of the remains and
13 goods involved and all costs related to
their restoration and repair is more
14 than $5,000; and
15 (3) upon
conviction of the second or a subsequent offense, by a fine
16 of not more than $100,000.
17 (d) In addition
to or in lieu of any penalty imposed pursuant to sub-
18 section (c), the board, upon a finding that
a person has violated any pro-
19 vision of this section or any term of a
permit issued under this act, may
20 impose on such person a civil fine of not
more than $2,000 for each
21 violation. Imposition of any such fine
shall be only upon notice and a
22 hearing conducted in accordance with the
Kansas administrative proce-
23 dure act and shall be subject to review in
accordance with the act for
24 judicial review and civil enforcement of
agency actions.
25 Sec.
60. K.S.A. 75-2749 is hereby amended to read as follows:
75-
26 2749. (a) Any person who knows or has
reason to know that a violation
27 of K.S.A. 75-2748, and amendments thereto,
is being or has been com-
28 mitted must immediately notify the law
enforcement agency of the juris-
29 diction where the violation occurred. A law
enforcement agency shall
30 notify the Kansas state historical
society of any violation of K.S.A. 75-
31 2748, and amendments thereto, which becomes
known to the law en-
32 forcement agency.
33 (b) Any person
who discovers human skeletal remains immediately
34 shall notify the law enforcement agency of
the jurisdiction where the
35 remains were found. Upon receipt of such
notice, the law enforcement
36 agency immediately shall notify the
district coroner or deputy district
37 coroner. If the coroner determines that the
human skeletal remains are
38 not of evidentiary or forensic interest
then the coroner shall notify the
39 Kansas state historical society.
40 (c) Failure to
give notice as required by subsection (a) or (b) is a
41 misdemeanor punishable by a fine of not
less than $100 nor more than
42 $500.
43 (d) Upon
notification pursuant to this section or K.S.A. 22a-232, and
52
1 amendments thereto, the Kansas
state historical society department
of
2 history and
preservation shall assume jurisdiction over the human
skel-
3 etal remains, and any goods interred
with such remains. The Kansas
state
4 historical
society department of history and
preservation shall carry
5 out society actions in as expeditious
a manner as possible, with particular
6 consideration given to circumstances
such as construction sites, agricul-
7 tural interests and kin or descent
groups. After disinterment, the remains
8 and goods may be under the control of
the Kansas state historical
society
9 department of history and
preservation for purposes of study for a
10 period of one year. On a showing of need,
the board may extend such
11 period for additional periods of six
months. After any period of study
12 authorized by this subsection, disposition
or reinterment of the remains
13 and goods shall be under the direction of
the board.
14
15
16 Sec.
61. K.S.A. 75-2753 is hereby amended to read as follows:
75-
17 2753. The secretary
director of the Kansas state historical
society de-
18 partment of history and
preservation shall establish, with the approval
19 of the board, a cemetery on existing state
lands for the reinterment of
20 human skeletal remains from unmarked burial
sites in this state, and
21 goods interred with such remains. Such
cemetery shall not be open to
22 the public.
23 Sec.
62. K.S.A. 1999 Supp. 75-2935 is hereby amended to read as
24 follows: 75-2935. The civil service of the
state of Kansas is hereby divided
25 into the unclassified and the classified
services.
26 (1) The
unclassified service comprises positions held by state officers
27 or employees who are:
28 (a) Chosen by
election or appointment to fill an elective office;
29 (b) members of
boards and commissions, heads of departments re-
30 quired by law to be appointed by the
governor or by other elective offi-
31 cers, and the executive or administrative
heads of offices, departments,
32 divisions and institutions specifically
established by law;
33 (c) except as
otherwise provided under this section, one personal sec-
34 retary to each elective officer of this
state, and in addition thereto, 10
35 deputies, clerks or employees designated by
such elective officer;
36 (d) all employees
in the office of the governor;
37 (e) officers and
employees of the senate and house of representatives
38 of the legislature and of the legislative
coordinating council and all officers
39 and employees of the office of revisor of
statutes, of the legislative re-
40 search department, of the division of
legislative administrative services,
41 of the division of post audit and the
legislative counsel;
42 (f) chancellor,
president, deans, administrative officers, student
43 health service physicians, pharmacists,
teaching and research personnel,
44 health care employees and student employees
in the institutions under
45 the state board of regents, the executive
officer of the board of regents
53
1 and the executive officer's employees
other than clerical employees, and,
2 at the discretion of the state board
of regents, directors or administrative
3 officers of departments and divisions
of the institution and county exten-
4 sion agents, except that this
subsection (1)(f) shall not be construed to
5 include the custodial, clerical or
maintenance employees, or any employ-
6 ees performing duties in connection
with the business operations of any
7 such institution, except
administrative officers and directors; as used in
8 this subsection (1)(f), ``health care
employees'' means employees of the
9 university of Kansas medical center
who provide health care services at
10 the university of Kansas medical center and
who are medical technicians
11 or technologists or respiratory therapists,
who are licensed professional
12 nurses or licensed practical nurses, or who
are in job classes which are
13 designated for this purpose by the
chancellor of the university of Kansas
14 upon a finding by the chancellor that such
designation is required for the
15 university of Kansas medical center to
recruit or retain personnel for
16 positions in the designated job classes;
and employees of any institution
17 under the state board of regents who are
medical technologists;
18 (g) operations,
maintenance and security personnel employed to im-
19 plement agreements entered into by the
adjutant general and the federal
20 national guard bureau, and officers and
enlisted persons in the national
21 guard and the naval militia;
22 (h) persons
engaged in public work for the state but employed by
23 contractors when the performance of such
contract is authorized by the
24 legislature or other competent
authority;
25 (i) persons
temporarily employed or designated by the legislature or
26 by a legislative committee or commission or
other competent authority
27 to make or conduct a special inquiry,
investigation, examination or
28 installation;
29 (j) officers and
employees in the office of the attorney general and
30 special counsel to state departments
appointed by the attorney general,
31 except that officers and employees of the
division of the Kansas bureau
32 of investigation shall be in the classified
or unclassified service as provided
33 in K.S.A. 75-711, and amendments
thereto;
34 (k) all employees
of courts;
35 (l) client,
patient and inmate help in any state facility or institution;
36 (m) all attorneys
for boards, commissions and departments;
37 (n) the
secretary director of the Kansas
state historical society
de-
38 partment of history and
preservation and assistant secretary
director
39 of the Kansas state historical
society department of history and
40 preservation;
41 (o) physician
specialists, dentists, dental hygienists, pharmacists,
42 medical technologists and long term care
workers employed by the de-
43 partment of social and rehabilitation
services;
54
1
(p) physician specialists, dentists and medical technologists
employed
2 by any board, commission or
department or by any institution under the
3 jurisdiction thereof;
4 (q) student
employees enrolled in public institutions of higher
5 learning;
6
(r) administrative officers, directors and teaching personnel
of the
7 state board of education and the
state department of education and of
8 any institution under the supervision
and control of the state board of
9 education, except that this
subsection (1)(r) shall not be construed to
10 include the custodial, clerical or
maintenance employees, or any employ-
11 ees performing duties in connection with
the business operations of any
12 such institution, except administrative
officers and directors;
13 (s) all officers
and employees in the office of the secretary of state;
14 (t) one personal
secretary and one special assistant to the following:
15 The secretary of administration, the
secretary of aging, the secretary of
16 agriculture, the secretary of commerce and
housing, the secretary of cor-
17 rections, the secretary of health and
environment, the superintendent of
18 the Kansas highway patrol, the secretary of
human resources, the secre-
19 tary of revenue, the secretary of social
and rehabilitation services, the
20 secretary of transportation, the secretary
of wildlife and parks and the
21 commissioner of juvenile justice;
22 (u) one personal
secretary and one special assistant to the chancellor
23 and presidents of institutions under the
state board of regents;
24 (v) one personal
secretary and one special assistant to the executive
25 vice chancellor of the university of Kansas
medical center;
26 (w) one public
information officer and one chief attorney for the fol-
27 lowing: The department of administration,
the department on aging, the
28 department of agriculture, the department
of commerce and housing, the
29 department of corrections, the department
of health and environment,
30 the department of human resources, the
department of revenue, the de-
31 partment of social and rehabilitation
services, the department of trans-
32 portation, the Kansas department of
wildlife and parks and the commis-
33 sioner of juvenile justice;
34 (x) civil service
examination monitors;
35 (y) one executive
director, one general counsel and one director of
36 public affairs and consumer protection in
the office of the state corpo-
37 ration commission;
38 (z) specifically
designated by law as being in the unclassified service;
39 (aa) all officers
and employees of Kansas, Inc. and the Kansas tech-
40 nology enterprise corporation; and
41 (bb) any position
that is classified as a position in the information
42 resource manager job class series, that is
the chief position responsible
43 for all information resources management
for a state agency, and that
55
1 becomes vacant on or after the
effective date of this act. Nothing in this
2 section shall affect the classified
status of any employee in the classified
3 service who is employed on the date
immediately preceding the effective
4 date of this act in any position that
is a classified position in the infor-
5 mation resource manager job class
series and the unclassified status as
6 prescribed by this subsection shall
apply only to a person appointed to
7 any such position on or after the
effective date of this act that is the chief
8 position responsible for all
information resources management for a state
9 agency.
10 (2) The
classified service comprises all positions now existing or
here-
11 after created which are not included in the
unclassified service. Appoint-
12 ments in the classified service shall be
made according to merit and fitness
13 from eligible pools which so far as
practicable shall be competitive. No
14 person shall be appointed, promoted,
reduced or discharged as an officer,
15 clerk, employee or laborer in the
classified service in any manner or by
16 any means other than those prescribed in
the Kansas civil service act and
17 the rules adopted in accordance
therewith.
18 (3) For positions
involving unskilled, or semiskilled duties, the sec-
19 retary of administration, as provided by
law, shall establish rules and reg-
20 ulations concerning certifications,
appointments, layoffs and reemploy-
21 ment which may be different from the rules
and regulations established
22 concerning these processes for other
positions in the classified service.
23 (4) Officers
authorized by law to make appointments to positions in
24 the unclassified service, and appointing
officers of departments or insti-
25 tutions whose employees are exempt from the
provisions of the Kansas
26 civil service act because of the
constitutional status of such departments
27 or institutions shall be permitted to make
appointments from appropriate
28 pools of eligibles maintained by the
division of personnel services.
29 Sec.
63. K.S.A. 75-3048 is hereby amended to read as follows:
75-
30 3048. Each state agency may have printed
such reports, pamphlets, books
31 and material as pertain to its activity and
which are within the terms of a
32 specific legislative authorization or
appropriation. Copies shall be deliv-
33 ered to the governor, state librarian, the
secretary director of the Kansas
34 state historical
society department of history and
preservation and the
35 secretary of the legislative coordinating
council and a copy shall be mailed
36 or delivered to each member of the
legislature. Such publication shall be
37 sold at approximately the cost of printing
the same and the amount re-
38 ceived therefrom shall be placed in the
state treasury and credited to the
39 fee fund of such agency, if it has a fee
fund, and if not, to the state general
40 fund of the state except
that research, industrial, agricultural and edu-
41 cational matter of general concern to the
people of Kansas may be dis-
42 tributed without charge.
43 Sec.
64. K.S.A. 75-3148 is hereby amended to read as follows:
75-
56
1 3148. The secretary
director of the Kansas state historical
society de-
2 partment of history and
preservation is hereby authorized to appoint
3 an assistant
secretary director, librarian, museum
director, archeologist,
4 state archivist, and such other
employees as may be necessary, within
5 available appropriations,
and for the Kansas state historical society. All
of
6 such employees, except the assistant
secretary director, shall be within
7 the classified service. The
secretary and the assistant secretary of the
state
8 historical society
director of the Kansas state historical
society depart-
9 ment of history and
preservation and the assistant director of the
Kan-
10 sas state historical
society department of history and
preservation shall
11 be within the unclassified service.
12 Sec.
65. K.S.A. 75-3502 is hereby amended to read as follows:
75-
13 3502. For the purpose of the permanent
preservation of important state
14 records and to provide an orderly method
for the disposition of other
15 state records, there is hereby created the
state records board, consisting
16 of the attorney general, state librarian,
secretary of administration, sec-
17 retary director of
the Kansas state historical society
department of his-
18 tory and preservation, or
their designated representatives, the state
19 archivist, and such ex officio members as
are hereinafter provided. The
20 attorney general shall be the
chairman chairperson and the state
archivist
21 shall be the secretary of the board.
22 Sec.
66. K.S.A. 75-3509 is hereby amended to read as follows:
75-
23 3509. There is hereby established, under
the supervision and control of
24 the Kansas state historical society,
a state records center which shall serve
25 as a depository for inactive records of
state agencies and departments.
26 The secretary
director of the Kansas state historical
society department
27 of history and preservation
shall have authority to obtain a suitable
28 building or buildings to be used as a
records center, to employ personnel
29 for the records center staff, and to
supervise all operations of the center.
30 No expenditures shall be made under this
act or expense incurred except
31 in pursuance of specific appropriations
therefor.
32 Sec.
67. K.S.A. 76-2002d is hereby amended to read as follows:
76-
33 2002d. The custody and management of the
museum located on the
34 grounds of the John Brown memorial park in
the city of Osawatomie,
35 Kansas, is hereby vested in the
Kansas state historical society
department
36 of history and preservation.
The secretary director of the Kansas
state
37 historical society
department of history and preservation is hereby
38 authorized to appoint a caretaker for said
museum.
39 Sec.
68. K.S.A. 76-2005a is hereby amended to read as follows:
76-
40 2005a. The land on which Pawnee Rock is
located and the roadway from
41 it to the town of Pawnee Rock, which
property was accepted by the gov-
42 ernor of the state of Kansas for and on
behalf of the state of Kansas in
43 accordance with chapter 87 of the 1908
Special Session Laws of Kansas,
57
1 is hereby designated and known as the
``Pawnee Rock historical state
2 park.'' Said
The park shall be under the control and management of
the
3 Kansas state historical
society, said society to have the power to
make.
4 The director of the Kansas
state historical society
department of history
5 and preservation may
adopt such rules and regulations relating to the
6 use, preservation, improvement,
control and maintenance of said Pawnee
7 Rock historical state park as
it shall deem the director deems
advisable.
8 Sec.
69. K.S.A. 76-2005b is hereby amended to read as follows:
76-
9 2005b. The board of trustees provided
to be appointed by chapter 87 of
10 the Laws of 1908 Special Session (referred
to in K.S.A. 76-2005) is hereby
11 abolished. All powers, functions and duties
of said that board of trustees
12 relating to Pawnee Rock are hereby
conferred and imposed upon the
13 executive secretary
director of the Kansas state historical
society depart-
14 ment of history and
preservation.
15 Sec.
70. K.S.A. 76-2007 is hereby amended to read as follows:
76-
16 2007. The portion of said
such reservation so set aside and designated by
17 the state board of regents for park
purposes, together with the strip of
18 ground along Big creek in section 4,
township 14, range 18, which has
19 been heretofore set aside for park
purposes, as modified by the redesig-
20 nation authorized by subsection (b) of
K.S.A. 76-2006 and amendments
21 thereto, shall be known as the
Kansas frontier historical park on the Fort
22 Hays military reservation, and
said. The park shall at all times be subject
23 to the active administration, supervision
and control of the secretary di-
24 rector of the Kansas
state historical society department
of history and
25 preservation. The custody and
management thereof shall be in such
26 secretary director,
with the approval of the state board of regents. The
27 secretary director
of the Kansas state historical
society department of
28 history and preservation,
subject to revision by the state board of re-
29 gents, may adopt all proper and needful
rules and regulations for the use,
30 preservation, improvement, control and
maintenance of said the park and
31 grounds and buildings thereon, and may
permit such use of the ground
32 or any portion thereof, as is not
inconsistent with this act or the act of
33 which this section is amendatory or with
the purposes for which said the
34 grounds have been set aside.
35 Sec.
71. K.S.A. 76-2007a is hereby amended to read as follows:
76-
36 2007a. (a) The state of Kansas is hereby
authorized to lease a tract of land
37 to the city of Hays for use as a golf
course open to the public or for such
38 other purpose as may be specified in the
lease entered into in accordance
39 with this act, which tract is located in
Ellis county, Kansas, in what is
40 officially known as the Kansas frontier
historical park on the Fort Hays
41 military reservation, and which tract is
described as follows: A tract of
42 land in the southeast quarter of section 5,
township 14 south, range 18
43 west of the sixth principal meridian, Ellis
county, Kansas, more particu-
58
1 larly described as follows: Beginning
at a point on the east line of section
2 5, at a point 846 feet north of the
southeast corner of section 5; thence
3 west one-half mile to the west line
of the southeast quarter of section 5;
4 thence north along the west line of
the southeast quarter, a distance of
5 1772 feet; thence with an angle of
90° 0' to the right, a distance of 251.19
6 feet; thence with an angle of 90°
0' to the right, a distance of 110.78 feet;
7 thence with an angle of 28°
42'20" to the left, a distance of 342.78 feet;
8 thence with an angle of 35°
13'00" to the right, a distance of 445.70 feet;
9 thence with an angle of 74°
45'30" to the left, a distance of 421.00 feet;
10 thence with an angle of 7° 00'06" to
the left, a distance of 201.56 feet;
11 thence with an angle of 80° 17'44" to
the left, a distance of 488.04 feet;
12 thence with an angle of 15° 05'58" to
the right, a distance of 379.85 feet
13 to the south right-of-way line of alternate
U.S. 183 highway; thence east-
14 erly along the south right-of-way, a
distance of approximately 1,294 feet,
15 to the east line of section 5; thence south
along the east line to the point
16 of beginning, less any existing public road
right-of-way.
17 (b) Such lease
shall be signed by the secretary director
of the Kansas
18 state historical
society department of history and
preservation, at-
19 tested by the secretary of state and signed
by the governing body of the
20 city or its authorized representative. The
lease shall be for a period of 15
21 years and shall be entered into upon such
terms and conditions as the
22 secretary director
of the Kansas state historical
society department of
23 history and preservation and
the governing body of such city shall agree
24 to, consistent with the provisions of
K.S.A. 76-2007b, and amendments
25 thereto, and such lease shall require that
the real estate shall be main-
26 tained and operated by the city at no cost
to the state.
27 Sec.
72. K.S.A. 76-2007f is hereby amended to read as follows:
76-
28 2007f. Each of the leases entered into
pursuant to the provisions of this
29 act shall contain the following
restrictions or limitations on the use of the
30 tracts of land so leased: (a) No
earth-altering operation, other than land-
31 scaping, shall be undertaken on such
property without the written consent
32 of: (1) The director of the Kansas
state historical society department
of
33 history and preservation,
with respect to that portion of the tract of
34 land described in subsection (a)(1) of
K.S.A. 76-2007d and amendments
35 thereto which is under the
jurisdiction of said the Kansas
state historical
36 society
department of history and preservation; or (2) the
state board
37 of regents, with respect to that portion of
the tract of land described in
38 subsection (a)(1) of K.S.A. 76-2007d and
amendments thereto which is
39 under the jurisdiction of
said the state board of regents and
the tract of
40 land described in subsection (a)(2) of
K.S.A. 76-2007d and amendments
41 thereto;
42 (b) the city, or
its designated agent, shall be liable for any damage to
43 any state-owned property or injury to any
persons; and
59
1 (c) the
state shall reserve the right to enter the premises and
excavate
2 any area of historical significance
on the property leased.
3 Sec.
73. K.S.A. 76-2011 is hereby amended to read as follows:
76-
4 2011. The Kansas
state historical society shall
be department of history
5 and preservation
is the custodian of the land described in K.S.A. 76-
6 2008 and amendments thereto
and the buildings thereon which constitute
7 the buildings and site of the Old
Shawnee Mission.
8 Sec.
74. K.S.A. 76-2012 is hereby amended to read as follows:
76-
9 2012. The Kansas
state historical society department
of history and
10 preservation shall have the
management and control of said the real
11 estate described in K.S.A. 76-2008 and
amendments thereto after the
12 same is reduced to the possession of the
state of Kansas, and is authorized
13 to do all things necessary to and
consistent with the use of the same by
14 the state, as a place of
unusual historical interest. The said director
of the
15 Kansas state
historical society
department of history and preservation,
16 in its the
director's discretion, may cooperate with patriotic societies
in
17 the use thereof, not inconsistent with the
purposes of the state, and may
18 accept gifts of money, property or services
from organizations and indi-
19 viduals and apply the same to the use and
benefit of the state in the
20 preservation and improvement and furnishing
of said such real estate and
21 buildings.
22 Sec.
75. K.S.A. 76-2015 is hereby amended to read as follows:
76-
23 2015. The Kansas state
historical society department of history
and
24 preservation shall be the
custodian of the Highland Presbyterian mis-
25 sion. The advisory board of trustees
heretofore provided for by this sec-
26 tion is hereby abolished. The
secretary director of the Kansas
state his-
27 torical society
department of history and preservation is hereby
28 authorized to employ a caretaker for
said the mission.
29 Sec.
76. K.S.A. 76-2016 is hereby amended to read as follows:
76-
30 2016. Said property The
Highland Presbyterian mission shall be managed
31 by the secretary
director of the Kansas state historical
society department
32 of history and
preservation.
33 Sec.
77. K.S.A. 76-2017a is hereby amended to read as follows:
76-
34 2017a. On and after July 1,
1963, The custody, control and management
35 of the historic pony express station,
situated near Hanover in Washington
36 county, Kansas, shall be
is vested in the Kansas state historical
society
37 department of history and
preservation, said society to have the
power
38 to make. The director
of the Kansas state historical
society department
39 of history and preservation
may adopt such rules and regulations re-
40 lating to the use, preservation,
improvement, control and maintenance of
41 said the historic
pony express station as it shall deem the
director deems
42 advisable.
43 Sec.
78. K.S.A. 76-2018 is hereby amended to read as follows:
76-
60
1 2018. The following described land is
hereby declared to possess unusual
2 historical interest:
3 (1) All
that part of the forty acres out of the northeast quarter of
4 section thirty-three, and the sixteen
acres out of the southwest quarter of
5 section thirty-four and also the
sixteen acres out of the north half of
6 section thirty-three, all of township
fourteen, range thirty-one, in Gove
7 county, Kansas, not to exceed
seventy-five acres, commonly known as
8 ``Monument Rocks and Sphynx,'' the
exact boundaries of which shall be
9 designated by the Kansas
state historical society department
of history
10 and preservation, under such
terms and agreements as may be reached
11 with the owners of such land without
expense to the state except as may
12 be provided by law.
13 (2) All that part
of the thirty acres out of the southeast quarter of
14 section two, and forty-five acres out of
the southwest quarter of section
15 one, and all of the northwest quarter of
section twelve, and also the north-
16 east twenty acres out of the southwest
quarter of section twelve, all of
17 township fourteen, range twenty-six, in
Gove county, Kansas, not to ex-
18 ceed two hundred and sixty acres, commonly
known as ``Castle Rock,''
19 the exact boundaries of which shall be
designated by the Kansas state
20 historical society
department of history and preservation, under
such
21 terms and agreements as may be reached with
the owners of such land
22 without expense to the state except as may
be provided by law.
23 (3) All that part
of the south half of the southwest quarter of section
24 fourteen, township eleven, range four, in
Ottawa county, Kansas, not to
25 exceed thirty acres, commonly known as
``Rock City,'' the exact bound-
26 aries of which shall be designated by the
Kansas state historical society
27 department of history and
preservation, under such terms and agree-
28 ments as may be reached with the owners of
such land without expense
29 to the state except as may be provided by
law.
30 (4) All that part
of the southwest quarter of the southwest quarter of
31 section twenty-five, the south half of the
south half of section twenty-six,
32 the north half of the northeast quarter of
section thirty-five, and the
33 northwest quarter of the northwest quarter
of section thirty-six, all in
34 township thirty-one, range fifteen, in
Barber county, Kansas, not to ex-
35 ceed thirty acres, commonly known as the
``natural bridge,'' the exact
36 boundaries of which shall be designated by
the Kansas state historical
37 society
department of history and preservation, under such
terms and
38 agreements as may be reached with the
owners of such land without
39 expense to the state except as may be
provided by law.
40 Sec.
79. K.S.A. 76-2019 is hereby amended to read as follows:
76-
41 2019. The Kansas state historical
society shall have authority and is hereby
42 directed to take and acquire such lands in
the name of the state, by
43 donation, devise or bequests, including any
and all rights therein or
61
1 thereon, for the purpose of
establishing, improving, keeping and main-
2 taining the same as state parks, and
shall have the power to do any and
3 all things necessary and proper to
carry out the intentions and purposes
4 of this act and to
make. The director of of the Kansas
state historical
5
society department of history
and preservation may adopt such rules
6 and regulations as may be necessary
from time to time for such purposes.
7 Sec.
80. K.S.A. 76-2022 is hereby amended to read as follows:
76-
8 2022. Said
The tract of land referred to in K.S.A. 76-2021 and
amendments
9 thereto is hereby designated
as the Marais des Cygnes Massacre Memorial
10 Park, and the same shall be under the
control and management of the
11 Kansas state historical
society department of history and
preservation.
12 The advisory board of trustees
heretofore provided for by this section is
13 hereby abolished.
14 Sec.
81. K.S.A. 76-2024 is hereby amended to read as follows:
76-
15 2024. That upon the taking over of
said property by the state, the governor
16 shall designate The
Kansas state historical society is the custodian
thereof,
17 and he or she shall direct the
secretary of the state historical society to of
18 the property referred to in K.S.A.
76-2023 and amendments thereto. The
19 director of the Kansas
state historical society
department of history and
20 preservation shall
take such action as said secretary shall deem
the di-
21 rector deems necessary and advisable
for the proper preservation, resto-
22 ration, care and maintenance of
said such property.
23 Sec.
82. K.S.A. 76-2027 is hereby amended to read as follows:
76-
24 2027. It shall be
is unlawful for any person, being upon
on the premises
25 of any state park, site or facility of
which the Kansas state historical
society
26 is trustee under the provisions of
K.S.A. 75-2701, or any amendments
27 thereto, department
of history and preservation created by section
2,
28 and amendments thereto, to damage,
deface or destroy any building or
29 part thereof located upon such premises, or
any furnishings therein or
30 thereon, or to damage, destroy or deface
any lawns, trees, shrubbery,
31 flowers, plants or equipment located upon
such premises; or to park or
32 drive any motor or other vehicle upon any
part of such premises except
33 upon the duly established drives, roads,
streets or public parking facilities
34 as indicated by signs, markers or notices
established and posted by the
35 Kansas state historical
society department of history and
preservation
36 created by section 2, and amendments
thereto, or its the duly authorized
37 agents thereof; or to exceed any
posted speed limit on drives, roads or
38 streets located on such premises; or to
picnic or engage in sports or other
39 recreational activities in any areas upon
such premises except those des-
40 ignated for such purpose by posted notices
or signs of the Kansas state
41 historical society
department of history and preservation or
its the duly
42 authorized agents thereof.
43 Sec.
83. K.S.A. 76-2028 is hereby amended to read as follows:
76-
62
1 2028. The Kansas state
historical society department of history
and
2 preservation created
by section 2, and amendments thereto, may employ
3 and commission a person or persons as
police officers at any such histor-
4 ical site, park or building, and such
person so commissioned shall have
5 the authority of any police officer
or sheriff for the purpose of enforcing
6 this act. The jurisdiction of any
prosecution arising hereunder is hereby
7 conferred upon the district court of
the county in which such site, park
8 or building is located.
9 Sec.
84. K.S.A. 76-2031 is hereby amended to read as follows:
76-
10 2031. The Kansas state historical
society is hereby authorized to accept
11 and hold, in the name of the state, Old
Grinter House, located in Muncie,
12 Wyandotte county, Kansas, together with
tracts of land upon which the
13 dwelling is located and such other
contiguous tracts, with the improve-
14 ments thereon, as may be deemed necessary
by the Kansas state
historical
15 society
department of history and preservation to properly
establish
16 and maintain an historical landmark and
museum to be known as the
17 ``Historic Grinter Place.'' Such lands,
dwellings and improvements shall
18 be acquired in fee simple by gift, grant or
designation only for the purpose
19 of establishing and maintaining such an
historical landmark and museum.
20 The Kansas state
historical society department of history and
preser-
21 vation shall have the power
to do any and all things necessary to carry
22 out the intent and purpose of this act
and to make. The director of the
23 Kansas state
historical society department of history and
preservation
24 may adopt such rules and regulations
for the use, enjoyment and govern-
25 ment of the premises as may be necessary.
Conveyances of property shall
26 not be accepted until the attorney general
shall have examined the ab-
27 stract of title to said
such property and determined that such conveyance
28 would convey property in fee simple to the
state of Kansas.
29 Sec.
85. K.S.A. 76-2033 is hereby amended to read as follows:
76-
30 2033. The Kansas state
historical society department of history
and
31 preservation is authorized
and empowered to accept from the Buffalo
32 Bill state park committee, inc., and hold,
in the name of the state, a tract
33 of land not to exceed 12 acres, the exact
boundaries of which shall be
34 designated by the Kansas
state historical society department
of history
35 and preservation and agreed
upon by the owners of said such lands.
36 Such lands, insofar as possible,
shall be the same upon which the original
37 Isaac Cody homestead was filed in
accordance with Kansas state records.
38 Such lands shall be acquired for the
purpose of establishing and main-
39 taining a suitable historical landmark and
memorial to this famous and
40 popular early western hero and that period
of important early turbulent
41 history from which all Kansans have
inherited their traditional and in-
42 domitable spirit. The Kansas
state historical society department
of his-
43 tory and preservation shall
have the power to do any and all things
63
1 necessary to carry out the intent and
purpose of this act and to make. The
2 director of the Kansas
state historical society
department of history and
3 preservation may
adopt such rules and regulations for the use, enjoy-
4 ment and government of the premises
as may be necessary. Conveyance
5 of said such
tract of land shall not be accepted until the attorney general
6 shall have examined the abstract of
title of said land and determined that
7 such conveyance would convey such
land in proper order to the state of
8 Kansas.
9 Sec.
86. K.S.A. 76-2035 is hereby amended to read as follows:
76-
10 2035. The Kansas state
historical society department of history
and
11 preservation is authorized
and empowered to accept and hold, in the
12 name of the state, the dwelling house upon
said such premises, together
13 with a tract of land upon which such
dwelling house is located, not to
14 exceed two (2) acres, the
exact boundaries of which shall be designated
15 by the Kansas state
historical society department of history and
pres-
16 ervation,
and agreed upon by the owners of said such
lands. Such lands
17 and the improvements thereon shall be
acquired in fee simple by gift,
18 grant or designation for the purpose of
establishing and maintaining it as
19 an historical landmark and memorial to the
father of the Kansas common-
20 school system, cofounder of the first land
grant university, and leader of
21 a Kansas free state colony and the
generation of pioneers he represented.
22 The Kansas state
historical society department of history and
preser-
23 vation shall have the power
to do any and all things necessary to carry
24 out the intent and purpose of this act
and to make. The director of the
25 Kansas state
historical society department of history and
preservation
26 may adopt such rules and regulations
for the use, enjoyment and govern-
27 ment of the premises as may be necessary.
Conveyance of said such tract
28 of land shall not be accepted until the
attorney general shall have exam-
29 ined the abstract of title to
said such land and
determine determined that
30 such conveyance would convey such land in
fee simple to the state of
31 Kansas.
32 Sec.
87. K.S.A. 76-2039 is hereby amended to read as follows:
76-
33 2039. Upon acquisition of the property
described in K.S.A. 76-2036 and
34 amendments thereto as authorized by
this act, the same shall be placed
35 under the control and management of the
Kansas state historical society
36 department of history and
preservation and said society shall
have
37 power to. The director
of the Kansas state historical
society department
38 of history and preservation
may adopt such rules and regulations re-
39 lating to the use, preservation,
improvement, control and maintenance
40 thereof.
41 Sec.
88. K.S.A. 76-2043 is hereby amended to read as follows:
76-
42 2043. Upon acquisition of the property
described in K.S.A. 76-2040 and
43 amendments thereto as authorized by
this act, the same shall be placed
64
1 under the control and management of
the Kansas state historical
society
2 department of history and
preservation and said. The Kansas
state
3 historical society is
authorized to do all things necessary to and consistent
4 with the use of the same by the state
as a place of unusual historical
5 interest and. The
director of the Kansas state historical
society depart-
6 ment of history and
preservation may adopt and enforce rules and
7 regulations relating to the use,
preservation, improvement, control and
8 maintenance thereof. Said
area The property shall be known and desig-
9 nated as the Mine Creek Historical
Park.
10 Sec.
89. K.S.A. 76-2047 is hereby amended to read as follows:
76-
11 2047. The Kansas state
historical society department of history
and
12 preservation is hereby
authorized to purchase the land described in
13 K.S.A. 76-2046 and amendments
thereto in fee simple in the name of the
14 state from moneys appropriated for such
purpose. Before any agreement
15 shall be made to purchase such land, three
(3) disinterested appraisers
16 shall be appointed in accordance with the
provisions of K.S.A. 75-3043a
17 and amendments thereto to determine
the market value thereof, and no
18 agreement shall be entered into nor
purchase made of the land so ap-
19 praised for a consideration greater than
such market value appraisal. Such
20 lands shall be acquired in the name of the
state of Kansas, and. The
21 director of the Kansas
state historical society department
of history and
22 preservation shall not issue
a voucher in payment therefor until the
23 attorney general shall have examined the
abstract of title and deed to such
24 land and has determined that such
conveyance will convey such lands in
25 fee simple to the state of Kansas.
26 Sec.
90. K.S.A. 76-2048 is hereby amended to read as follows:
76-
27 2048. Upon acquisition of the property
described in K.S.A. 76-2046 and
28 amendments thereto, as authorized by
this act, the same shall be placed
29 under the control and management of the
Kansas state historical society
30 department of history and
preservation and said society shall
have
31 power to. The director
of the Kansas state historical
society department
32 of history and preservation
may adopt such rules and regulations re-
33 lating to the use, preservation,
improvement, control and maintenance
34 thereof.
35 Sec.
91. K.S.A. 76-2050 is hereby amended to read as follows:
76-
36 2050. (a) The Kansas
state historical society department
of history and
37 preservation is authorized
and empowered to acquire by purchase or by
38 condemnation proceedings the land described
in K.S.A. 76-2049 and
39 amendments thereto in fee simple in
the name of the state from moneys
40 appropriated for such purpose. Before any
agreement shall be made to
41 purchase such land and house, three
disinterested appraisers shall be
42 appointed in accordance with the provisions
of K.S.A. 75-3043a, and
43 amendments thereto, to determine the market
value thereof, and no
65
1 agreement shall be entered into nor
purchase made of the land so ap-
2 praised for a consideration greater
than such market value appraisal.
3 (b) In lieu
of acquisition by purchase or condemnation as provided
4 in subsection (a), the Kansas
state historical society department
of his-
5 tory and preservation
is authorized and empowered to enter into an
6 agreement to acquire the land
described in K.S.A. 76-2049 and amend-
7 ments thereto by exchanging a
specific tract or tracts of state-owned land,
8 and any improvements thereon, for the
land described in K.S.A. 76-2049
9 and amendments thereto,
subject to approval of the terms of such agree-
10 ment by the legislature or the state
finance council acting on this matter
11 which is hereby characterized as a matter
of legislative delegation and
12 subject to the guidelines prescribed in
subsection (c) of K.S.A. 75-3711c
13 and amendments thereto. Any such tract or
tracts of state-owned land
14 shall be of comparable value to the land
described in K.S.A. 76-2049 and
15 amendments thereto.
16 (c) The land
described in K.S.A. 76-2049 and amendments thereto
17 shall be acquired in the name of the state
of Kansas and the director of
18 the Kansas state
historical society department of history and
preser-
19 vation shall not issue a
voucher in payment thereof under subsection (a)
20 and shall not enter into an exchange
agreement under subsection (b) until
21 the attorney general shall have examined
the abstract of title and deed to
22 such land and has determined that such
conveyance will convey such land
23 in fee simple to the state of Kansas.
24 Sec.
92. K.S.A. 76-2051 is hereby amended to read as follows:
76-
25 2051. Upon acquisition of the property
described in K.S.A. 76-2049 and
26 amendments thereto as authorized by
this act, the same shall be placed
27 under the control and management of the
Kansas state historical society
28 department of history and
preservation and the society shall
have
29 power to. The director
of the Kansas state historical
society department
30 of history and preservation
may adopt such rules and regulations re-
31 lating to the use, preservation,
improvement, control and maintenance
32 thereof.
33 Sec.
93. K.S.A. 76-2054 is hereby amended to read as follows:
76-
34 2054. Upon acquisition of the Lecompton
constitutional hall and land
35 described in K.S.A. 76-2052 and
amendments thereto as authorized by
36 this act, the same shall be placed under
the control and management of
37 the Kansas state
historical society department of history and
preser-
38 vation and the society shall
establish and maintain such building and land
39 as a historical landmark and museum to be
known as ``historic Lecompton
40 constitutional hall.'' The
society director of the Kansas
state historical
41 society
department of history and preservation may adopt
rules and
42 regulations relating to the use,
preservation, improvement, control and
43 maintenance of such building and land.
66
1 Sec.
94. K.S.A. 76-2056 is hereby amended to read as follows:
76-
2 2056. (a) The director of the
Kansas state historical society
department
3 of history and
preservation may permit the use of facilities and real
4 property under the control of the
Kansas state historical
society depart-
5 ment of history and
preservation by groups for such special events as
6 the society
director determines are in the public interest and will
further
7 the purposes of the Kansas
state historical
society department of
history
8 and preservation. The
society director of the Kansas
state historical so-
9 ciety
department of history and preservation shall adopt
policies and
10 guidelines for such use, consistent with
the provisions of this section.
11 (b)
(1) The director of the Kansas state
historical society department
12 of history and preservation
may establish a schedule of reasonable fees
13 for the use of its
the facilities or real property of the Kansas
state historical
14 society
department of history and preservation pursuant to
this sec-
15 tion. The society shall
remit All moneys received from such fees shall
be
16 remitted to the state treasurer at
least monthly. Upon receipt of such
17 moneys, the state treasurer shall deposit
the entire amount in the state
18 treasury and credit it to the state
historical society facilities and real prop-
19 erty fund which is hereby created.
All expenditures from such fund shall
20 be made in accordance with appropriation
acts upon warrants of the di-
21 rector of accounts and reports issued
pursuant to vouchers approved by
22 the secretary of the state historical
society or a person designated by the
23 secretary. Moneys in the fund shall be
expended only for the purpose of
24 paying costs associated with the use of
facilities or real property pursuant
25 to this section, including compensation of
any personnel needed to over-
26 see such use.
27 (2) On July
1, 2000
[2001] 2000, the
director of accounts and reports
28 shall transfer all moneys in the state
historical society facilities fund to
29 the facilities and real property fund of
the Kansas state historical
society
30 department of history and
preservation. On July 1,
2000 [2001]
2000,
31 all liabilities of the state historical
society facilities fund are hereby trans-
32 ferred to and imposed on the facilities
and real property fund of the Kan-
33 sas state historical
society department of history and
preservation and
34 the state historical society facilities
fund is hereby abolished. On and after
35 July 1, 2000
[2001] 2000,
whenever the state historical society's facilities
36 fund, or words of like effect, is
referred to or designated by a statute,
37 contract or other document, such
reference or designation shall be deemed
38 to apply to the facilities and real
property fund of the Kansas state
his-
39 torical
society department of history and
preservation.
40 (c) Nothing in
this section shall be construed to authorize a charge
41 for general admission to a facility or real
property under the control of
42 the Kansas state historical society
unless otherwise authorized by law.
43 (d) The
director of the Kansas state historical
society department of
67
1 history and
preservation may adopt such rules and regulations as
nec-
2 essary to implement and administer
the provisions of this section.
3 Sec.
95. K.S.A. 77-138 is hereby amended to read as follows:
77-138.
4 (a) Volumes of the Kansas Statutes
Annotated shall be printed and bound
5 by the director of printing and
delivered to the secretary of state who
6 shall dispose of them as follows:
7 First,
the secretary of state shall deposit in the supreme court law
8 library and in the state library such
number of copies as the state law
9 librarian and the state librarian,
respectively, shall request for use in the
10 law library and the state library, for the
purposes of the publication col-
11 lection and depository system established
under K.S.A. 75-2566 and
12 amendments thereto, and for the purpose of
making exchanges with the
13 various states and territories, and the
secretary of state shall retain one
14 set for the secretary's use in the
secretary's office.
15 Second, (1) the
secretary of state shall distribute two complete sets of
16 the Kansas Statutes Annotated to each
member of the legislature at each
17 regular session, one set of which shall
have the respective member's name
18 printed thereon.
19 (2) The secretary
of state shall distribute such number of complete
20 sets and individual volumes of the Kansas
Statutes Annotated (A) to the
21 office of revisor of statutes as the
revisor of statutes shall request, (B) to
22 the legislative research department as the
director of legislative research
23 shall request, (C) to the division of post
audit as the post auditor shall
24 request, (D) to the division of legislative
administrative services as the
25 director of legislative administrative
services shall request, and (E) to the
26 judicial branch of state government as the
chief justice of the supreme
27 court shall request.
28 (3) The secretary
of state shall distribute: (A) Two sets to each rep-
29 resentative in congress and United States
senator from the state of Kan-
30 sas, upon request by such representative or
senator; (B) one set each to
31 the governor, lieutenant governor and
attorney general; (C) to Washburn
32 university school of law, the number of
sets, not to exceed 60 sets, that
33 the librarian of the school of law
certifies to the secretary of state as
34 necessary for the purpose of exchanging
with other states and territories
35 and to be kept in the library for the use
of faculty and students of the
36 university; (D) to the school of law of the
university of Kansas, the number
37 of sets, not to exceed 60 sets, that the
librarian of the school of law certifies
38 to the secretary of state as necessary for
the purpose of exchanging with
39 other states and territories and to be kept
in the library for the use of
40 faculty and students of the university; (E)
to the clerk of the district court
41 of the United States for the state of
Kansas, the number of sets, not to
42 exceed five sets, as are requested by such
clerk; (F) one set to each county
43 law library in the state, upon request by
the librarian thereof; (G) to each
68
1 county clerk, the number of sets
requested by the county clerk, not to
2 exceed seven sets, to be distributed
not more than one set each to the
3 county or district attorney, the
county clerk, the county counselor, if any,
4 the register of deeds, the sheriff,
the county treasurer, and the board of
5 county commissioners, which set shall
be retained by the county clerk for
6 use by such board; (H) not more than
one set to each city of the third
7 class, one set to each city of the
second class and two sets to each city of
8 the first class, upon request by the
city clerk; and (I) one set to the state
9 historical society
library of the Kansas state historical
society department
10 of history and
preservation.
11 Third, the
balance of statute books, after the above distribution shall
12 be kept by the secretary of state for
sale.
13 (b) The secretary
of state shall sell each volume of the Kansas Statutes
14 Annotated, including replacement volumes,
at the per volume price fixed
15 therefor by the legislative coordinating
council under this section. Gen-
16 eral index volumes, when sold separately
and not as a part of a set of
17 cumulative supplements, shall be sold at
the per volume price fixed there-
18 for by the legislative coordinating
council. The secretary of state shall
19 remit all moneys received from such sales
under this section to the state
20 treasurer at least monthly and the state
treasurer shall deposit the entire
21 amount of each such remittance in the state
treasury to the credit of the
22 state general fund.
23 (c) The
legislative coordinating council shall fix the per volume price
24 of each volume of the Kansas Statutes
Annotated, including replacement
25 volumes, sold under this section to recover
the costs of printing and bind-
26 ing such volumes. The legislative
coordinating council shall revise such
27 prices from time to time for the purposes
of covering and recovering such
28 costs.
29 Sec.
96. K.S.A. 77-430 is hereby amended to read as follows:
77-430.
30 (a) The Kansas administrative regulations
shall be printed by the director
31 of printing and delivered to the secretary
of state who shall dispose of
32 them as follows:
33 First, the
secretary of state shall deposit in the supreme court law
34 library and the state library such number
of copies as the state law li-
35 brarian and the state librarian,
respectively, shall request for use in the
36 law library and the state library, for
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
exchange. The secretary of state
39 shall distribute to the university of
Kansas school of law and to Washburn
40 university school of law the number of
copies as the librarians of the
41 schools of law, respectively, certify to
the secretary of state as necessary
42 for the purpose of exchange. The secretary
of state shall retain two copies
43 for use in the secretary of state's
office.
69
1 Second,
the secretary of state shall distribute:
2 (1) One
copy to each member of the legislature at the time of taking
3 office, after election or
appointment, for the member's first term of office
4 as a member of either house of the
legislature which commences on or
5 after the second Monday of January in
1991, except that a term of office
6 as a member of either house of the
legislature, whether a complete or
7 partial term of office, shall not be
construed for purposes of this distri-
8 bution to be the member's first term
of office if such term of office is
9 part of a continuous period of
service as a member of either house of the
10 legislature or both houses of the
legislature, in any combination of con-
11 secutive terms of office;
12 (2) one copy each
to the governor, lieutenant governor, attorney gen-
13 eral and state historical
society the library of the Kansas
state historical
14 society
department of history and preservation;
15 (3) to the
several offices of the judicial branch of state government,
16 the number of copies necessary to conduct
the official business of such
17 offices, as requested by the chief justice
of the supreme court;
18 (4) two copies to
the Washburn university school of law, for use in
19 the law library, and two copies to the
university of Kansas school of law,
20 for use in the law library;
21 (5) one copy to
each county law library, upon request by the librarian
22 thereof;
23 (6) one copy to
the city library in each city of the first and second
24 classes, upon request by the librarian
thereof; and
25 (7) one copy to
each county library, upon request by the librarian
26 thereof.
27 Third, the
secretary of state shall distribute to the several offices of
the
28 legislative branch of government, the
number of copies necessary to con-
29 duct the official business of such offices,
as follows: (1) To the office of
30 revisor of statutes as the revisor of
statutes shall request; (2) to the leg-
31 islative research department as the
director of legislative research shall
32 request; (3) to the division of post audit
as the post auditor shall request;
33 and (4) to the division of legislative
administrative services as the director
34 of legislative administrative services
shall request.
35 Fourth, the
balance of the Kansas administrative regulations after such
36 distribution shall be kept by the secretary
of state for sale as provided by
37 this section.
38 (b) The Kansas
administrative regulations may be purchased in com-
39 plete sets or in single volumes. Single
volumes of the Kansas administra-
40 tive regulations shall be sold by the
secretary of state at the per volume
41 price fixed by the secretary of state under
this section. Complete sets of
42 the Kansas administrative regulations shall
be sold by the secretary of
43 state at the per set price fixed therefor
by the secretary of state under
70
1 this section. Copies may be delivered
by postpaid mail by the secretary
2 of state.
3 (c) All
moneys received from such sales shall be remitted to the state
4 treasurer at least monthly and the
state treasurer shall deposit the entire
5 amount of each such remittance in the
state treasury to the credit of the
6 state general fund.
7 (d) The
secretary of state shall fix by rules and regulations the per
8 volume and complete set prices of the
Kansas administrative regulations
9 sold under this section to recover
the costs of printing and binding such
10 volumes. The secretary of state shall
revise such prices from time to time
11 for the purposes of covering and recovering
such costs.
12 Sec.
97. K.S.A. 82a-326 is hereby amended to read as follows:
82a-
13 326. When used in this act:
14 (a) ``Water
development project'' means any project or plan which
15 may be allowed or permitted pursuant to
K.S.A. 24-126, 24-1213, 82a-
16 301 et seq., and amendments thereto,
or the multipurpose small lakes
17 program act, and amendments thereto;
18
(b) ``environmental review agencies'' means the:
19 (1) Kansas
department of wildlife and parks;
20 (2) Kansas forest
service;
21 (3) state
biological survey;
22 (4) Kansas
department of health and environment;
23 (5) Kansas
state historical society department
of history and
24 preservation;
25 (6) state
conservation commission; and
26 (7) state
corporation commission.
27 Sec. 98. K.S.A. 12-17,104,
22a-232, 45-106, 45-116, 45-404, 45-405,
28 45-406, 58-2009, 58-2010, 58-4012, 64-106,
74-5402, 74-5406, 74-5408,
29 74-6614, 75-104, 75-1023, 75-2250, 75-2251,
75-2266, 75-2566, 75-2701,
30 75-2702, 75-2703, 75-2704, 75-2705,
75-2713, 75-2714, 75-2717, 75-
31 2718, 75-2719a, 75-2721, 75-2722, 75-2723,
75-2725, 75-2726, 75-2728,
32 75-2729, 75-2743, 75-2744, 75-2748,
75-2749, 75-2753, 75-3048, 75-
33 3148, 75-3502, 75-3509, 76-2002d, 76-2005a,
76-2005b, 76-2007, 76-
34 2007a, 76-2007f, 76-2011, 76-2012, 76-2015,
76-2016, 76-2017a, 76-2018,
35 76-2019, 76-2022, 76-2024, 76-2027,
76-2028, 76-2031, 76-2033, 76-
36 2035, 76-2039, 76-2043, 76-2047, 76-2048,
76-2050, 76-2051, 76-2054,
37 76-2056, 77-138, 77-430 and 82a-326 and
K.S.A. 1999 Supp. 12-120, 38-
38 1506, 38-1607, 41-719, 41-719a, 45-412,
58-2011, 73-209, 74-9001, 74-
39 9201 and 75-2935 are hereby repealed.
40 Sec. 99. This act shall
take effect and be in force from and after
[july
41 1, 2001,
and] its publication in the statute book.