As Further Amended by Senate Committee
[As Amended by House Committee of the
Whole]
As Amended by Senate Committee
Session of 2000
SENATE BILL No. 389
By Legislative Coordinating Council
12-15
13 AN ACT
concerning the capitol; relating to
memorials [a memorial
for
14 Kansas
firefighters] on the capitol grounds
state capitol area; re-
15 lating to
memorials; prescribing certain powers, duties,
functions,
16 guidelines and
procedures[; memorial for Kansas firefighters
and
17 advisory
committee].
18
19 Be it enacted by the Legislature of the
State of Kansas:
20
Section 1. (a) The secretary of
administration shall review the his-
21 toric structures report on the
capitol and shall develop and maintain a
22 preservation plan for the
capitol grounds. In addition, the secretary of
23 administration shall develop
guidelines and standards for memorials on
24 the grounds of the capitol. All
guidelines and standards for memorials on
25 the grounds of the capitol shall
be consistent with the statement of pur-
26 pose and use for the capitol
grounds and shall be designed to:
27
(1) Ensure the subjects of memorials are of historic and
lasting sig-
28 nificance for
Kansas;
29
(2) ensure the design excellence of all memorials on the
grounds of
30 the capitol;
31
(3) preserve, protect and enhance the limited amount of
available
32 space on the capitol
grounds;
33
(4) preserve and further the implementation of the long-range
plan
34 of development for the capitol
area;
35
(5) ensure that memorials proposed for the grounds of the
capitol are
36 appropriately planned, designed
and sited and are reviewed, funded and
37 constructed in a timely
manner;
38
(6) ensure that adequate and appropriate opportunities are
provided
39 for the involvement of or
comment by interested members of the public
40 throughout the development of
the proposal for the memorial; and
41
(7) ensure that individuals, groups and organizations have a
clear un-
42 derstanding of the process that
must be completed in order to propose
43 and to have a memorial
constructed or placed on the grounds of the
2
1 capitol.
2
(b) After advising and consulting with the state historic
preservation
3 officer of the state
historical society, the legislative coordinating
council
4 and the heads of other
state agencies with offices located in the
capitol,
5 the secretary of
administration shall recommend guidelines and
standards
6 for memorials on the
grounds of the capitol to the capitol area plaza
7 authority. After receipt
of such guidelines and standards, the capitol area
8 plaza authority shall
review and consider such guidelines and standards.
9 If the authority approves
of the proposed guidelines and standards, the
10 authority shall adopt the
proposed guidelines and standards for memorials
11 on the grounds of the capitol.
If the authority does not adopt the rec-
12 ommended guidelines and
standards or any amendments thereto, the
13 authority shall make
recommendations to the secretary of administration
14 for amendments or additions to
the proposed guidelines and standards
15 or any amendments
thereto.
16 (c) In
the same manner, the secretary of administration may
propose
17 and recommend amendments or
additions to the guidelines and standards
18 for memorials on the grounds of
the capitol for consideration by the
19 capitol area plaza
authority.
20 Sec.
2. (a) No memorial shall be constructed or placed on
the
21 grounds of the capitol except in
accordance with the procedures and
22 subject to the conditions and
limitations prescribed by this act. Each
23 proposal for a memorial to be
constructed or placed on the grounds of
24 the capitol shall be consistent
with the statement of purpose and use
25 adopted for the grounds of the
capitol and shall be subject to the guide-
26 lines and standards for
memorials on the grounds of the capitol adopted
27 by the capitol area plaza
authority.
28 (b) In
addition to other requirements or provisions of law
applicable
29 thereto, each proposal for a
memorial to be constructed or placed on the
30 grounds of the capitol shall be
submitted to the secretary of administra-
31 tion for consideration in
accordance with this act. Prior to being adopted
32 or rejected by the secretary of
administration, each such proposal shall
33 be submitted to and reviewed and
considered by the following officials:
34
(1) The state historic preservation officer of the state
historical
35 society;
36
(2) the director of facilities management of the department of
ad-
37 ministration;
and
38
(3) the director of legislative administrative
services.
39
(c) The secretary of administration shall receive and consider
the rec-
40 ommendations from the state
historic preservation officer of the state
41 historical society, director of
facilities management of the department of
42 administration and director of
legislative administrative services regarding
43 any such proposal prior to
adopting any recommendation regarding such
3
1 proposal. After review and
consideration of the recommendations from
2 each such official, the
secretary of administration may approve or reject
3 the proposal. If the
secretary of administration recommends approval of
4 any such proposal, the
secretary shall submit the proposal to the capitol
5 area plaza authority for
consideration by the authority.
6
(d) Each memorial proposed to be constructed or placed on
the
7 grounds of the capitol
that is recommended by the secretary of admin-
8 istration shall be
presented to the capitol area plaza authority. If any
such
9 proposal is approved by
the capitol area plaza authority, such proposal
10 shall be submitted to the
governor and the legislative coordinating council
11 for appropriate
action.
12 Sec.
3. (a) The primary considerations as to whether a proposed
me-
13 morial is approved for the
capitol grounds shall be the significance and
14 relevance of any memorial
proposed to be constructed or placed on the
15 grounds of the capitol and the
extent to which the proposed memorial
16 complies with the requirements
of, is consistent with and furthers the
17 purposes and implementation of
the preservation plan for the grounds of
18 the capitol and the guidelines
and standards for memorials on the grounds
19 of the capitol.
20 (b) No
memorial shall be constructed or placed on the grounds
of
21 the capitol without specific
authorization for such memorial by act of the
22 legislature.
23 Sec.
4. As used in this act, ``memorial'' means any
permanent
com-
24 memorative plaque, monument,
sculpture, statuary, work of art or other
25 object, structure or capital
improvement project, but does not include
26 construction or maintenance of
walkways or roadways or any landscaping,
27 landscape gardening or other
maintenance or development of the capitol
28 grounds unless such project or
activity is specifically for commemorative
29 purposes.
30 [Section 1. (a) There
shall be placed on the grounds of
the
31 state capitol
state property within the state capitol plaza area
a
32 memorial to Kansas firefighters who have
lost their lives in the line
33 of duty in the service of the state.
Such memorial shall be located
34 at a site to be selected by the director
of architectural services.
35 Such memorial shall be constructed in
accordance with the design
36 and architectural drawings approved by
the director of architec-
37 tural services. The memorial shall be of
such a design that the
38 names of the firefighters to be honored,
both past and future, may
39 be inscribed thereon. The director of
architectural services shall
40 cause annually the name or names of any
firefighters who have
41 lost their lives in the line of duty in
the service of the state to be
42 inscribed upon the memorial.
The memorial for Kansas firefighters
43 is subject to the provisions,
procedures and approvals required un-
4
1 der sections 2 through 6, and
amendments thereto, except that such
2 memorial for Kansas
firefighters is hereby authorized by the legis-
3 lature for purposes of
subsection (b) of section 5, and amendments
4 thereto.
5 [(b) It
shall be the duty of the state fire marshal on or before
6 the 15th day of March of each year
to notify the secretary of ad-
7 ministration of the name or names
of any firefighters who lost their
8 lives in the line of duty during
the preceding calendar year. The
9 state fire marshal shall assemble
the necessary information re-
10 garding any such firefighter and report
the same to the director
11 of architectural services.
12 [(c) The
secretary of administration is hereby authorized to re-
13 ceive any grants, gifts, contributions
or bequests made for the pur-
14 pose of financing the construction of
such memorial or for its up-
15 keep and the addition of names thereto
and to expend the same
16 for the purpose for which
received.
17 [(d) There is
hereby established in the state treasury the Kan-
18 sas firefighters memorial fund.
Expenditures from the fund may
19 be made for the purposes of
constructing, updating and repairing
20 such memorial, for other purposes
related to memorializing and
21 honoring Kansas firefighters and for
such purposes as may be spec-
22 ified with regard to any grant, gift,
contribution or bequest. All
23 such expenditures shall be authorized by
the Kansas firefighters
24 memorial advisory committee and made
upon warrants of the di-
25 rector of accounts and reports issued
pursuant to vouchers ap-
26 proved by the secretary of
administration or the secretary's
27 designee.
28 [(e) On or
before the 10th of each month, the director of ac-
29 counts and reports shall transfer from
the state general fund to
30 the Kansas firefighters memorial fund
interest earnings based on:
31 [(1) The
average daily balance of moneys in the Kansas fire-
32 fighters memorial fund for the preceding
month; and
33 [(2) the net
earnings rate for the pooled money investment
34 portfolio for the preceding
month.
35 [Sec.
2. (a) There is hereby established the Kansas
firefighters
36 memorial advisory committee which shall
be composed of nine
37 members as follows:
38 [(1) A
representative of the Kansas state firefighters associa-
39 tion, appointed by the governor;
40 [(2) a
representative of the Kansas state association of fire
41 chiefs, appointed by the
governor;
42 [(3) a
representative of the Kansas professional fire chiefs as-
43 sociation, appointed by the
governor;
5
1 [(4) a
representative of the Kansas council of firefighters, ap-
2 pointed by the governor;
3 [(5) a
representative of the fire education association of Kan-
4 sas, appointed by the
governor;
5 [(6) a
representative of the Kansas chapter of the international
6 association of arson
investigators, appointed by the governor;
7 [(7) a
representative of the fire marshal's association of Kansas,
8 appointed by the governor;
9 [(8) the
state fire marshal or the marshal's designee; and
10 [(9) the
executive director of the Kansas state historical society
11 or the executive director's
designee.
12 [(b) With
regard to a member to be appointed by the governor
13 as a representative of the Kansas state
firefighters association,
14 Kansas state association of fire chiefs,
the Kansas professional fire
15 chiefs association, the Kansas council
of firefighters, fire education
16 association of Kansas, the Kansas
chapter of the international as-
17 sociation of arson investigators, or the
fire marshal's association of
18 Kansas, the association or group to be
represented may submit a
19 list of at least three names for
consideration by the governor in
20 making the appointment. The governor
shall consider each such
21 list if timely submitted and may appoint
from among those listed.
22 [(c) The
Kansas firefighters memorial advisory committee shall
23 be advisory to the director of
architectural services and the sec-
24 retary of administration with regard to
matters concerning the me-
25 morial to Kansas firefighters on the
state capitol grounds. The ad-
26 visory committee may also make
recommendations to the governor
27 and the legislature regarding
appropriate activities memorializing
28 or commemorating the services of
firefighters in Kansas. The ad-
29 visory committee may solicit grants,
gifts, contributions and be-
30 quests for the memorial and shall remit
all moneys so received for
31 deposit in the state treasury to the
credit of the Kansas firefighters
32 memorial fund in accordance with section
1 and amendments
33 thereto.
34 [(d) The
members of the advisory committee shall organize an-
35 nually by electing a chairperson and
vice-chairperson. The advi-
36 sory committee shall meet at least once
each year upon call of the
37 chairperson. The secretary of
administration, or the secretary's
38 designee, shall serve as secretary for
the advisory committee.
39 Members of the advisory committee
appointed by the governor
40 under this section shall serve at the
pleasure of the governor.]
41 Sec. 3. (a) The
secretary of administration shall review the his-
42 toric structure report on the capitol
and shall develop and maintain
43 a preservation plan for the capitol
grounds. In addition, the secre-
6
1 tary of administration shall
develop guidelines and standards for
2 memorials on the grounds of the
capitol. All guidelines and stan-
3 dards for memorials on the
grounds of the capitol shall be consistent
4 with the statement of purpose
and use for the capitol grounds and
5 shall be designed
to:
6
(1) Ensure the subjects of memorials are of historic and
lasting
7 significance for
Kansas;
8
(2) ensure the design excellence of all memorials on the
grounds
9 of the capitol;
10
(3) preserve, protect and enhance the limited amount of
avail-
11 able space on the capitol
grounds;
12
(4) preserve and further the implementation of the
long-range
13 plan of development for the capitol
area;
14 (5) ensure
that memorials proposed for the grounds of the cap-
15 itol are appropriately planned,
designed and sited and are re-
16 viewed, funded and constructed in a
timely manner;
17 (6) ensure
that adequate and appropriate opportunities are pro-
18 vided for the involvement of or
comment by interested members of
19 the public throughout the development
of the proposal for the me-
20 morial; and
21 (7) ensure
that individuals, groups and organizations have a
22 clear understanding of the process
that must be completed in order
23 to propose and to have a memorial
constructed or placed on the
24 grounds of the capitol.
25 (b) After
advising and consulting with the state historic pres-
26 ervation officer of the state
historical society, the legislative coor-
27 dinating council and the heads of
other state agencies with offices
28 located in the capitol, the secretary
of administration shall recom-
29 mend guidelines and standards for
memorials on the grounds of the
30 capitol to the capitol area plaza
authority. After receipt of such
31 guidelines and standards, the capitol
area plaza authority shall re-
32 view and consider such guidelines and
standards. If the authority
33 approves of the proposed guidelines
and standards, the authority
34 shall adopt the proposed guidelines
and standards for memorials on
35 the grounds of the capitol. If the
authority does not adopt the rec-
36 ommended guidelines and standards or
any amendments thereto,
37 the authority shall make
recommendations to the secretary of ad-
38 ministration for amendments or
additions to the proposed guide-
39 lines and standards or any amendments
thereto.
40 (c) In the
same manner, the secretary of administration may
41 propose and recommend amendments or
additions to the guidelines
42 and standards for memorials on the
grounds of the capitol for con-
43 sideration by the capitol area plaza
authority.
7
1 Sec.
4. (a) No memorial shall be constructed or placed on
the
2 grounds of the capitol except
in accordance with the procedures and
3 subject to the conditions and
limitations prescribed by this act.
4 Each proposal for a memorial to
be constructed or placed on the
5 grounds of the capitol shall be
consistent with the statement of pur-
6 pose and use adopted for the
grounds of the capitol and shall be
7 subject to the guidelines and
standards for memorials on the
8 grounds of the capitol adopted
by the capitol area plaza authority.
9
(b) In addition to other requirements or provisions of law
ap-
10 plicable thereto, each proposal for a
memorial to be constructed or
11 placed on the grounds of the capitol
shall be submitted to the sec-
12 retary of administration for
consideration in accordance with this
13 act. Prior to being adopted or
rejected by the secretary of admin-
14 istration, each such proposal shall
be submitted to and reviewed
15 and considered by the following
officials:
16 (1) The
state historic preservation officer of the state
historical
17 society;
18 (2) the
director of facilities management of the department of
19 administration; and
20 (3) the
director of legislative administrative services.
21 (c) The
secretary of administration shall receive and consider
22 the recommendations from the state
historic preservation officer of
23 the state historical society,
director of facilities management of the
24 department of administration and
director of legislative adminis-
25 trative services regarding any such
proposal prior to adopting any
26 recommendation regarding such
proposal. After review and consid-
27 eration of the recommendations from
each such official, the secre-
28 tary of administration may approve or
reject the proposal. If the
29 secretary of administration
recommends approval of any such pro-
30 posal, the secretary shall submit the
proposal to the capitol area
31 plaza authority for consideration by
the authority.
32 (d) Each
memorial proposed to be constructed or placed on the
33 grounds of the capitol that is
recommended by the secretary of ad-
34 ministration shall be presented to
the capitol area plaza authority.
35 If any such proposal is approved by
the capitol area plaza author-
36 ity, such proposal shall be submitted
to the governor and the leg-
37 islative coordinating council for
appropriate action.
38 Sec.
5. (a) The primary considerations as to whether a
pro-
39 posed memorial is approved for the
capitol grounds shall be the
40 significance and relevance of any
memorial proposed to be con-
41 structed or placed on the grounds of
the capitol and the extent to
42 which the proposed memorial complies
with the requirements of, is
43 consistent with and furthers the
purposes and implementation of
8
1 the preservation plan for the
grounds of the capitol and the guide-
2 lines and standards for
memorials on the grounds of the capitol.
3
(b) No memorial shall be constructed or placed on the
grounds
4 of the capitol without specific
authorization for such memorial by
5 act of the
legislature.
6 Sec.
6. As used in this act, ``memorial'' means any
permanent
7 commemorative plaque, monument,
sculpture, statuary, work of art
8 or other object, structure or
capital improvement project, but does
9 not include construction or
maintenance of walkways or roadways
10 or any landscaping, landscape
gardening or other maintenance or
11 development of the capitol grounds
unless such project or activity
12 is specifically for commemorative
purposes.
13 Sec. 5.
[3.] 7. This act shall
take effect and be in force from and after
14 its publication in the Kansas register.