March 15, 1999

Journal of the Senate

FORTY-FOURTH DAY
______
Senate Chamber, Topeka, Kansas
Monday, March 15, 1999--2:30 p.m.
 The Senate was called to order by President Dick Bond.

 The roll was called with forty senators present.

 Invocation by Chaplain Fred S. Hollomon:

         Heavenly Father,

          As the days go by I realize more and more how much I need You.

           When the issues are complex,

       Refresh my mind.

       When my body cries for rest,

       Grant me time.

           When my spirit starts to drag,

       Give a boost.

       When I start to tighten up,

       Keep me loose.

           When my integrity's on trial,

       Keep me true.

       When my credibility's questioned,

       Pull me through.

           And by the way, Lord,

       When I'm into sports please help me

       Not to act insane,

       When the Jayhawks lose convince me

       It's really just a game.

           Give me the grace to walk

       Very close to You.

       And when You get where You are going,

       May I be found there, too!

           I pray this in Jesus' Name,

           AMEN

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills were introduced and read by title:

 SB 351, An act concerning legislative and congressional redistricting; relating to
population data used; amending K.S.A. 11-304 and repealing the existing section, by
Committee on Federal and State Affairs.

 SB 352, An act concerning salaries and compensation for state officers and employees;
amending K.S.A. 1998 Supp. 40-102, 46-137a, 46-137b, 75-3101, 75-3103, 75-3104, 75-
3108, 75-3110 and 75-3111a and repealing the existing sections, by Committee on Ways
and Means.

MESSAGE FROM THE HOUSE
 Announcing passage of Substitute HB 2540; HB 2543.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 Substitute HB 2540; HB 2543 were thereupon introduced and read by title.

REPORTS OF STANDING COMMITTEES
 Committee on Ways and Means recommends HB 2065, as amended by House
Committee, be passed.

 Also SB 338 be amended on page 1, in line 26, after the semicolon, by inserting ``or''; in
line 27, by striking all after ``(3)''; by striking all in line 28; in line 29, by striking ``(4)'';

      On page 3, after line 15, by inserting the following:

      ``Sec.  6. K.S.A. 75-2724 is hereby amended to read as follows: 75-2724. (a) The state
or any political subdivision of the state, or any instrumentality thereof, shall not undertake
any project which will encroach upon, damage or destroy any historic property included in
the national register of historic places or the state register of historic places or the environs
of such property until the state historic preservation officer has been given notice, as
provided herein, and an opportunity to investigate and comment upon the proposed project.
Notice to the state historic preservation officer shall be given by the state or any political
subdivision of the state when the proposed project, or any portion thereof, is located within
500 feet of the boundaries of a historic property located within the corporate limits of a
city, or within 1,000 feet of the boundaries of a historic property located in the
unincorporated portion of a county. Notwithstanding the notice herein required, nothing in
this section shall be interpreted as limiting the authority of the state historic preservation
officer to investigate, comment and make the determinations otherwise permitted by this
section regardless of the proximity of any proposed project to the boundaries of a historic
property. The state historic preservation officer may solicit the advice and recommendations
of the historic sites board of review with respect to such project and may direct that a public
hearing or hearings be held thereon. Any such public hearing or hearings held pursuant to
this subsection or held pursuant to authority delegated by the state historical preservation
officer under subsection (e) or (f) shall be held within 60 days from the date of receipt of
notice by the state historical preservation officer from the state or any political subdivision
of the state as provided herein. If the state historic preservation officer determines, with or
without having been given notice of the proposed project, that such proposed project will
encroach upon, damage or destroy any historic property included in the national register of
historic places or the state register of historic places or the environs of such property, such
project shall not proceed until:

      (1) The governor, in the case of a project of the state or an instrumentality thereof, or
the governing body of the political subdivision, in the case of a project of a political
subdivision or an instrumentality thereof, has made a determination, based on a
consideration of all relevant factors, that there is no feasible and prudent alternative to the
proposal and that the program includes all possible planning to minimize harm to such
historic property resulting from such use; and

      (2) five days notice of such determination has been given, by certified mail, to the state
historic preservation officer.

      (b) Any person aggrieved by the determination of the governor pursuant to this section
may seek review of such determination in accordance with the act for judicial review and
civil enforcement of agency actions. Any person aggrieved by the determination of a
governing body pursuant to this section may seek review of such determination in
accordance with K.S.A. 60-2101 and amendments thereto.

      (c) The failure of the state historic preservation officer to initiate an investigation of any
proposed project within 30 days from the date of receipt of notice thereof shall constitute
such officer's approval of such project.

      (d) Failure of any person or entity to apply for and obtain the proper or required
building or demolition permit before undertaking a project that will encroach upon, damage
or destroy any historic property included in the national register of historic places or the
state register of historic places, or the environs of such property, shall be subject to a civil
penalty not to exceed $25,000 for each violation. The attorney general may seek such
penalties and other relief through actions filed in district court.

      (e)  (1) The state historic preservation officer may enter into an agreement authorizing
a city or county to make recommendations or to perform any or all responsibilities of the
state historic preservation officer under subsections (a), (b) and (c) if the state historic
preservation officer determines that the city or county has enacted a comprehensive local
historic preservation ordinance, established a local historic preservation board or
commission and is actively engaged in a local historic preservation program. The agreement
shall specify the authority delegated to the city or county by the state historic preservation
officer, the manner in which the city or county shall report its decisions to the state historic
preservation officer, the conditions under which the city or county can request assistance
from the state historic preservation officer in performing certain project reviews, the length
of time the agreement is to be valid and provisions for termination of the agreement. Such
agreement shall provide that the state historic preservation officer shall retain final authority
to implement the provisions of this act. The state historic preservation officer shall adopt
any rules and regulations necessary to implement the provisions of this subsection.

      (2) An agreement with a city or county authorized by this subsection shall not be
construed as limiting the authority of the state historic preservation officer to investigate,
comment and make determinations otherwise permitted by this section.

      (f) The state historic preservation officer may enter into agreements with the state board
of regents or any state educational institution under the control and supervision of the state
board of regents to perform any or all responsibilities of the state historic preservation officer
under subsections (a), (b) and (c).
 
Sec.  7. K.S.A. 75-2724 is hereby repealed.'';

      And by renumbering the existing section accordingly;

      On page 1, in the title, in line 9, by striking all after ``ACT''; in line 10, by striking all
before the semicolon and inserting ``concerning government projects; procedures, reviews
and exemptions''; in line 12, by striking ``improvement thereof'' and inserting ``improvements
of the statehouse, governor's residence and Hiram Price Dillon house''; in line 13, preceding
the period, by inserting ``; amending K.S.A. 75-2724 and repealing the existing section''; and
the bill be passed as amended.

   On motion of Senator Emert the Senate adjourned until 2:30 p.m., Tuesday, March 16,
1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.