CHAPTER 12 SENATE BILL No. 71* An Act concerning the state capitol area; relating to memorials; prescribing certain powers,
duties, functions, guidelines and procedures; memorial for Kansas firefighters and ad-
visory committee.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. As used in this section and sections 2 through 6, and
amendments thereto:

      (a) ``Director'' means the director of the division of facilities manage-
ment.

      (b) ``Division'' means the division of facilities management within the
department of administration.

      (c) ``Memorial'' means any permanent commemorative plaque, mon-
ument, sculpture, statuary, work of art or other object, structure or capital
improvement project, but does not include construction or maintenance
of walkways or roadways or any landscaping, landscape gardening or other
maintenance or development of the capitol grounds unless such project
or activity is specifically for commemorative purposes.

      Sec.  2. (a) There shall be placed on state property within the state
capitol plaza area a memorial to Kansas firefighters who have lost their
lives in the line of duty in the service of the state. Such memorial shall
be located at a site to be selected by the director. Such memorial shall
be constructed in accordance with the design and architectural drawings
approved by the director. The memorial shall be of such a design that the
names of the firefighters to be honored, both past and future, may be
inscribed thereon. The director shall cause annually the name or names
of any firefighters who have lost their lives in the line of duty in the service
of the state to be inscribed upon the memorial. The memorial for Kansas
firefighters is subject to the provisions, procedures and approvals required
under sections 2 through 6, and amendments thereto, except that such
memorial for Kansas firefighters is hereby authorized by the legislature
for purposes of subsection (b) of section 6, and amendments thereto.

      (b) It shall be the duty of the state fire marshal on or before the 15th
day of March of each year to notify the secretary of administration of the
name or names of any firefighters who lost their lives in the line of duty
during the preceding calendar year. The state fire marshal shall assemble
the necessary information regarding any such firefighter and report the
same to the director.

      (c) The secretary of administration is hereby authorized to receive
any grants, gifts, contributions or bequests made for the purpose of fi-
nancing the construction of such memorial or for its upkeep and the
addition of names thereto and to expend the same for the purpose for
which received.

      (d) There is hereby established in the state treasury the Kansas fire-
fighters memorial fund. Expenditures from the fund may be made for
the purposes of constructing, updating and repairing such memorial, for
other purposes related to memorializing and honoring Kansas firefighters
and for such purposes as may be specified with regard to any grant, gift,
contribution or bequest. All such expenditures shall be authorized by the
Kansas firefighters memorial advisory committee and made upon war-
rants of the director of accounts and reports issued pursuant to vouchers
approved by the secretary of administration or the secretary's designee.

      (e) On or before the 10th of each month, the director of accounts
and reports shall transfer from the state general fund to the Kansas fire-
fighters memorial fund interest earnings based on:

      (1) The average daily balance of moneys in the Kansas firefighters
memorial fund for the preceding month; and

      (2) the net earnings rate for the pooled money investment portfolio
for the preceding month.

      Sec.  3. (a) There is hereby established the Kansas firefighters me-
morial advisory committee which shall be composed of nine members as
follows:

      (1) A representative of the Kansas state firefighters association, ap-
pointed by the governor;

      (2) a representative of the Kansas state association of fire chiefs, ap-
pointed by the governor;

      (3) a representative of the Kansas professional fire chiefs association,
appointed by the governor;

      (4) a representative of the Kansas council of firefighters, appointed
by the governor;

      (5) a representative of the fire education association of Kansas, ap-
pointed by the governor;

      (6) a representative of the Kansas chapter of the international asso-
ciation of arson investigators, appointed by the governor;

      (7) a representative of the fire marshal's association of Kansas, ap-
pointed by the governor;

      (8) the state fire marshal or the marshal's designee; and

      (9) the executive director of the Kansas state historical society or the
executive director's designee.

      (b) With regard to a member to be appointed by the governor as a
representative of the Kansas state firefighters association, Kansas state
association of fire chiefs, the Kansas professional fire chiefs association,
the Kansas council of firefighters, fire education association of Kansas,
the Kansas chapter of the international association of arson investigators,
or the fire marshal's association of Kansas, the association or group to be
represented may submit a list of at least three names for consideration
by the governor in making the appointment. The governor shall consider
each such list if timely submitted and may appoint from among those
listed.

      (c) The Kansas firefighters memorial advisory committee shall be ad-
visory to the director and the secretary of administration with regard to
matters concerning the memorial to Kansas firefighters on the state cap-
itol grounds. The advisory committee also may make recommendations
to the governor and the legislature regarding appropriate activities me-
morializing or commemorating the services of firefighters in Kansas. The
advisory committee may solicit grants, gifts, contributions and bequests
for the memorial and shall remit all moneys so received for deposit in the
state treasury to the credit of the Kansas firefighters memorial fund in
accordance with section 2 and amendments thereto.

      (d) The members of the advisory committee shall organize annually
by electing a chairperson and vice-chairperson. The advisory committee
shall meet at least once each year upon call of the chairperson. The sec-
retary of administration, or the secretary's designee, shall serve as sec-
retary for the advisory committee. Members of the advisory committee
appointed by the governor under this section shall serve at the pleasure
of the governor.

      Sec.  4. (a) The secretary of administration shall review the historic
structure report on the capitol and shall develop and maintain a preser-
vation plan for the capitol grounds. In addition, the secretary of admin-
istration shall develop guidelines and standards for memorials on the
grounds of the capitol. All guidelines and standards for memorials on the
grounds of the capitol shall be consistent with the statement of purpose
and use for the capitol grounds and shall be designed to:

      (1) Ensure the subjects of memorials are of historic and lasting sig-
nificance for Kansas;

      (2) ensure the design excellence of all memorials on the grounds of
the capitol;

      (3) preserve, protect and enhance the limited amount of available
space on the capitol grounds;

      (4) preserve and further the implementation of the long-range plan
of development for the capitol area;

      (5) ensure that memorials proposed for the grounds of the capitol are
appropriately planned, designed and sited and are reviewed, funded and
constructed in a timely manner;

      (6) ensure that adequate and appropriate opportunities are provided
for the involvement of or comment by interested members of the public
throughout the development of the proposal for the memorial; and

      (7) ensure that individuals, groups and organizations have a clear un-
derstanding of the process that must be completed in order to propose
and to have a memorial constructed or placed on the grounds of the
capitol.

      (b) After advising and consulting with the state historic preservation
officer of the state historical society, the legislative coordinating council
and the heads of other state agencies with offices located in the capitol,
the secretary of administration shall recommend guidelines and standards
for memorials on the grounds of the capitol to the capitol area plaza
authority. After receipt of such guidelines and standards, the capitol area
plaza authority shall review and consider such guidelines and standards.
If the authority approves of the proposed guidelines and standards, the
authority shall adopt the proposed guidelines and standards for memorials
on the grounds of the capitol. If the authority does not adopt the rec-
ommended guidelines and standards or any amendments thereto, the
authority shall make recommendations to the secretary of administration
for amendments or additions to the proposed guidelines and standards
or any amendments thereto.

      (c) In the same manner, the secretary of administration may propose
and recommend amendments or additions to the guidelines and standards
for memorials on the grounds of the capitol for consideration by the
capitol area plaza authority.

      Sec.  5. (a) No memorial shall be constructed or placed on the
grounds of the capitol except in accordance with the procedures and
subject to the conditions and limitations prescribed by this act. Each
proposal for a memorial to be constructed or placed on the grounds of
the capitol shall be consistent with the statement of purpose and use
adopted for the grounds of the capitol and shall be subject to the guide-
lines and standards for memorials on the grounds of the capitol adopted
by the capitol area plaza authority.

      (b) In addition to other requirements or provisions of law applicable
thereto, each proposal for a memorial to be constructed or placed on the
grounds of the capitol shall be submitted to the secretary of administra-
tion for consideration in accordance with this act. Prior to being adopted
or rejected by the secretary of administration, each such proposal shall
be submitted to and reviewed and considered by the following officials:

      (1) The state historic preservation officer of the state historical soci-
ety;

      (2) the director of facilities management of the department of ad-
ministration; and

      (3) the director of legislative administrative services.

      (c) The secretary of administration shall receive and consider the rec-
ommendations from the state historic preservation officer of the state
historical society, director of facilities management of the department of
administration and director of legislative administrative services regarding
any such proposal prior to adopting any recommendation regarding such
proposal. After review and consideration of the recommendations from
each such official, the secretary of administration may approve or reject
the proposal. If the secretary of administration recommends approval of
any such proposal, the secretary shall submit the proposal to the capitol
area plaza authority for consideration by the authority.

      (d) Each memorial proposed to be constructed or placed on the
grounds of the capitol that is recommended by the secretary of admin-
istration shall be presented to the capitol area plaza authority. If any such
proposal is approved by the capitol area plaza authority, such proposal
shall be submitted to the governor and the legislative coordinating council
for appropriate action.

      Sec.  6. (a) The primary considerations as to whether a proposed me-
morial is approved for the capitol grounds shall be the significance and
relevance of any memorial proposed to be constructed or placed on the
grounds of the capitol and the extent to which the proposed memorial
complies with the requirements of, is consistent with and furthers the
purposes and implementation of the preservation plan for the grounds of
the capitol and the guidelines and standards for memorials on the grounds
of the capitol.

      (b) No memorial shall be constructed or placed on the grounds of
the capitol without specific authorization for such memorial by act of the
legislature.

 Sec.  7. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved March 15, 2001.
 Published in the Kansas Register March 22, 2001.
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