CHAPTER 33
SENATE BILL No. 338
An Act concerning government projects; procedures, reviews
and exemptions; procedures
and requirements for contracts, projects and donations for
renovation, reconstruction,
repair and other improvements of the statehouse, governor's
residence and Hiram Price
Dillon house; establishing the state facilities gift fund; amending
K.S.A. 75-2724 and
repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) In accordance
with the provisions of this section
and in the discretion of the secretary of administration, whenever
a con-
tract will involve any repair, restoration, renovation, remodeling,
refur-
nishing or other improvement to a state historic building, the
contract
shall not be subject to the provisions of:
(1) K.S.A. 75-430a and amendments
thereto, relating to publication
of notice prior to negotiating for ancillary technical services or
architec-
tural, engineering or other related services;
(2) K.S.A. 75-1250 through 75-1266 or
K.S.A. 75-5801 through 75-
5807 and amendments thereto, relating to the acquisition of
architectural,
engineering, construction management or other services; or
(3) the competitive bid procedures and
requirements of K.S.A. 75-
3739 through 75-3744 and amendments thereto.
(b) With respect to any such contract,
the provisions of K.S.A. 75-
1258, 75-1264 and 75-3741c and amendments thereto shall apply to
any
such contract and to any such repair, restoration, renovation,
remodeling,
refurnishing or other improvement for a state historic building.
The con-
tract or project for any such repair, restoration, renovation,
remodeling,
refurnishing or other improvement shall be subject to such design,
con-
struction or other procedures and standards as may be prescribed by
the
secretary of administration therefor.
(c) As used in this section, ``state
historic building'' means (1) the
statehouse, (2) the property identified in K.S.A. 75-121 and
amendments
thereto, which is known as Cedar Crest, and (3) the property
identified
in subsection (c) of K.S.A. 75-3681 and amendments thereto, which
is
known as the Hiram Price Dillon house.
New Sec. 2. (a) In addition to the
authority granted to the governor's
residence advisory commission, the secretary of administration is
hereby
authorized to accept on behalf of the state any grants, gifts,
contributions,
bequests or donations of personal property or money for the purpose
of
restoring, renovating, furnishing, improving or beautifying the
property
identified in K.S.A. 75-121 and amendments thereto which is known
as
Cedar Crest. Prior to accepting such a grant, gift, contribution,
bequest
or donation, the secretary of administration may advise and consult
with
the governor's residence advisory commission. If any donation of
money
is subject to terms and conditions established by the donor, the
governor's
residence advisory commission shall be advised of the donation and
its
associated terms and conditions prior to acceptance by the
secretary of
administration.
(b) Any moneys donated for Cedar Crest
and received and accepted
by the secretary of administration shall be paid to the department
of
administration and shall be deposited in the state treasury to the
credit
of the executive mansion gifts fund.
New Sec. 3. (a) The secretary of
administration is hereby authorized
to accept on behalf of the state any grants, gifts, contributions,
bequests
or donations of personal property or money for the purpose of
restoring,
renovating, furnishing, improving or beautifying the statehouse.
Prior to
accepting any such grant, gift, contribution, bequest or donation,
the sec-
retary may consult with the legislative coordinating council, the
state-
house art and history committee, the capitol area plaza authority
or any
other appropriate advisory committee.
(b) Any moneys donated for the statehouse
and received and ac-
cepted by the secretary of administration shall be paid to the
department
of administration and shall be deposited to the credit of a
statehouse
account within the state facilities gift fund established by
section 5 and
amendments thereto.
New Sec. 4. (a) Subject to the
approval of the legislative coordinating
council, the Dillon House advisory commission established by the
legis-
lative coordinating council shall have the power to accept on
behalf of
the state any grants, gifts, contributions, bequests or donations
of personal
property or money for the purpose of restoring, renovating,
furnishing,
improving or beautifying the property identified in subsection (c)
of
K.S.A. 75-3681 and amendments thereto, which is known as the
Hiram
Price Dillon House. The Dillon House advisory commission shall
advise
the legislative coordinating council of any offers of gifts,
contributions,
grants, bequests or donations of items or services for the Hiram
Price
Dillon House.
(b) Any moneys donated for the Hiram
Price Dillon House and re-
ceived and accepted by the Dillon House advisory commission with
the
approval of the legislative coordinating council shall be paid to
the de-
partment of administration and shall be deposited in the Dillon
House
account within the state facilities gift fund established by
section 5 and
amendments thereto. If any monetary donation for the Hiram Price
Dil-
lon House is subject to terms and conditions established by the
donor,
the legislative coordinating council shall be advised of the
donation and
its associated terms and conditions and acceptance of the donation
shall
be approved by the legislative coordinating council before the
donation
is accepted and deposited in the state treasury.
New Sec. 5. There is hereby
established in the state treasury the
state facilities gift fund which shall be administered by the
secretary of
administration. All expenditures from the state facilities gift
fund shall be
in accordance with the provisions of appropriation acts upon
warrants of
the director of accounts and reports pursuant to vouchers approved
by
the secretary of administration or the secretary's designee.
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 instru-
mentality 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. Not-
withstanding the notice herein required, nothing in this section
shall be
interpreted as limiting the authority of the state historic
preservation of-
ficer 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 pres-
ervation officer may solicit the advice and recommendations of the
his-
toric 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 preser-
vation 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 his-
toric 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 instru-
mentality 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
rele-
vant factors, that there is no feasible and prudent alternative to
the pro-
posal 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 pur-
suant 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
preser-
vation 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
perform-
ing 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 au-
thority to implement the provisions of this act. The state historic
pres-
ervation officer shall adopt any rules and regulations necessary to
imple-
ment 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 pres-
ervation officer to investigate, comment and make determinations
oth-
erwise 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 sub-
sections (a), (b) and (c).
Sec. 7. K.S.A. 75-2724 is hereby repealed.
Sec. 8. This act shall take effect and be in force
from and after its
publication in the Kansas register.
Approved March 29, 1999.
Published in the Kansas Register April 1, 1999.
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