CHAPTER 152 Substitute for HOUSE BILL No. 2532 (Amends Chapter 5) An  Act concerning certain state historical agencies and commissions; relating to the state
historical society; establishing the Kansas territorial sesquicentennial commission;
amending K.S.A. 75-2701, as amended by section 377 of 2001 Senate Bill No. 15, and
repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 75-2701, as amended by section 377 of 2001 Senate
Bill No. 15, is hereby amended to read as follows: 75-2701.(a) The state
historical society, heretofore organized under the incorporation laws of
the state, shall be the trustee of the state. As such, the society shall faith-
fully expend and apply all money received from the state to the uses and
purposes directed by law, shall hold all the society's present and future
collections of property for the state and shall not sell, mortgage, transfer
or dispose of in any manner or remove from the society's building or
buildings occupied for historical interests of the state, except for tempo-
rary purposes, any article of property without authority of law. This shall
not prevent the sale, exchange, donation or other disposition by the so-
ciety of its publications, duplicate property in its collection holdings, prop-
erty outside its the scope of collection, hazardous property or property
with insufficient research, educational or exhibit value, but:

      (1) No such property shall be disposed of except by sale or exchange
until the society adopts rules and regulations establishing procedures for
disposition;

      (2) no rules and regulations establishing procedures for disposition
of such property shall be adopted until the society first advises and con-
sults with the joint committee on administrative rules and regulations
regarding the proposed rules and regulations;

      (3) such rules and regulations shall provide, with respect to property
which was donated by an individual, procedures reasonably calculated to
notify and offer such property to such individual or such individual's im-
mediate family prior to disposal, if the property is disposed of within 20
years after the donation; and

      (4) such rules and regulations shall provide, with respect to property
with research, educational or exhibit value, procedures for notifying local
institutions that such property is being disposed of.

      (b) There shall continue to be a board of directors of the Kansas state
historical society, inc., and an executive committee of such board of di-
rectors, each to consist of as many members as the Kansas state historical
society, inc., determines.

      (c) The society may acquire property, real or personal, by gift, be-
quest or otherwise, in any amount, and upon such conditions as the so-
ciety's executive committee deems best for the interests of the society.
Any such property so acquired and any state-owned historic site, structure
or other property which has been placed by law under the jurisdiction
and supervision of the society shall be administered by the society in the
public interest, and the society shall provide for the preservation of such
property and shall adopt rules and regulations as necessary for the proper
use and enjoyment of such property. For this purpose the society may
fix, charge and collect fees for admittance to any state-owned historic site,
structure or property which has been placed under the jurisdiction and
supervision of the society and is further authorized to provide exemptions
from such fees or to fix reduced fees for one or more categories of per-
sons.

      (d) The society shall remit all moneys received by the society under
the provisions of subsection (c) to the state treasurer in accordance with
the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt
of each such remittance, the state treasurer shall deposit the entire
amount in the state treasury to the credit of the historic properties fee
fund which is hereby created. All expenditures from such fund shall be
made in accordance with appropriation acts upon warrants of the director
of accounts and reports issued pursuant to vouchers approved by the
secretary executive director of the state historical society or a person des-
ignated by the secretary executive director.

      (e) The state historical society is a state agency within the executive
branch of state government for all purposes under the statutes and laws
of Kansas. The Kansas state historical society, inc., is a not-for-profit cor-
poration organized under the incorporation laws of Kansas. All real and
personal property under the control and supervision of the state historical
society that is not property owned and maintained by the Kansas state
historical society, inc., as a not-for-profit corporation organized under the
incorporation laws of Kansas, in order to accomplish the purposes of the
corporation as stated in the articles of incorporation and bylaws, includ-
ing but not limited to investments, office equipment, property and reve-
nues of the museum stores and income from membership fees and assess-
ments, belongs to the state of Kansas.

      (f)  (1) The governor shall appoint the executive director of the state
historical society, subject to confirmation by the senate as provided in
K.S.A. 75-4315b and amendments thereto. The governor may appoint the
executive director of the state historical society from a list of three qual-
ified persons nominated by the executive committee of the Kansas state
historical society, inc. The governor may reject all nominees submitted on
any such list and may request an additional list of three other qualified
persons to consider for appointment to the office of executive director of
the state historical society. The executive director of the state historical
society shall be in the unclassified service under the Kansas civil service
act and shall be subject to evaluation in accordance with this section. The
executive director of the state historical society shall receive an annual
salary fixed by the governor.

      (2) The executive director of the state historical society shall be qual-
ified by education or training and experience in the field of history, his-
toric preservation, education, museum administration or a related field
and shall have demonstrated executive and administrative ability to dis-
charge the duties of the office of executive director of the state historical
society.

      (3) An evaluation of the executive director of the state historical so-
ciety shall be conducted annually by the executive committee of the Kansas
state historical society, inc., and the results of such evaluation shall be
submitted to the governor for review. The executive director shall be sub-
ject to removal by the governor.

      (4) Whenever the office of the executive director of the state historical
society becomes vacant, the executive committee of the Kansas state his-
torical society, inc., shall be notified of such vacancy and shall prepare
and submit a list of three qualified nominees to the governor for the ap-
pointment of a successor.

      (g) On and after the effective date of this act, whenever the secretary
of the state historical society or the executive director of the state historical
society, or words of like effect, is referred to or designated by a statute,
contract or other document, such reference or designation shall be deemed
to apply to the executive director of the state historical society.

      (h) On and after the effective date of this act, whenever the state
historical society or words of like effect is referred to or designated by a
statute, contract or other document, such reference or designation shall
be deemed to apply to the state agency within the executive branch of
state government and shall not be deemed to refer to the Kansas state
historical society, inc., a not-for-profit corporation organized under the
corporation laws of Kansas, unless the reference is specifically to that
corporation or within the context of the reference clearly refers to that
corporation.

      New Sec.  2. (a) There is created the Kansas territorial sesquicenten-
nial commission. The commission shall be composed of nine residents of
the state appointed by the governor, one of whom shall be designated by
the governor as chairperson of the commission.

      (b) Members of the commission shall serve without compensation or
reimbursement of expenses.

      (c) The commission is authorized to hire staff sufficient to carry out
the purposes of sections 2 through 6, inclusive, and amendments thereto.

      New Sec.  3. (a) There is hereby created an advisory committee to
assist in the work of the Kansas territorial sesquicentennial commission.
The advisory committee shall be composed of the following members:

      (1) The executive director of the Kansas state historical society, who
shall serve as chairperson of the advisory committee;

      (2) the director of the Kansas humanities council or the director's
designee;

      (3) the director of the Kansas arts commission or the director's des-
ignee;

      (4) the director of the division of travel and tourism development of
the department of commerce and housing or the director's designee;

      (5) the commissioner of education or the commissioner's designee;

      (6) fifteen members appointed by the governor as follows: (A) Six
members of history faculties of universities under the supervision of the
state board of regents; (B) six members of history faculties of community
colleges or private colleges or universities in the state; (C) a representative
of the travel industry association of Kansas; (D) a representative of the
Kansas museums association; and (E) a representative of the territorial
Kansas heritage alliance;

      (7) two members appointed by the speaker of the house of represen-
tatives;

      (8) two members appointed by the minority leader of the house of
representatives;

      (9) two members appointed by the president of the senate; and

      (10) two members appointed by the minority leader of the senate.

      (b) The chairperson of the advisory committee shall appoint a person
to serve as secretary of the committee.

      (c) Members of the advisory committee shall serve without compen-
sation or reimbursement of expenses.

      New Sec.  4. (a) The state motto, ad astra per aspera (``to the stars
through difficulties''), references the seven-year struggle to make the
Kansas territory into the 34th star of the United States flag. That struggle
shall frame the remembrance of many of the important events in the
territorial era that led to statehood, such as territorial elections in 1855,
the battle of black jack in 1856, the Lecompton constitution in 1857, the
marais des cygnes massacre in 1858 and many others.

      (b) The year 2004 shall be considered the kick-off date for the re-
membrance and commemoration of the history, heritage and national
impact of the Kansas territorial era and, ultimately, for the commemo-
ration in January 2011 of the sesquicentennial of Kansas statehood.

      (c) The sesquicentennial of the Kansas territory, 2004, will be com-
memorated commencing January 2004 during Kansas day ceremonies in
Topeka. The Kansas territorial sesquicentennial commission shall prepare
an overall program for commemorating the signing of the Kansas-Ne-
braska Act in 1854 and plan, encourage, develop and coordinate obser-
vances and activities commemorating the creation of the Kansas territory
in 1854 and its implications, both positive and negative, for the peoples
in the region and for the future. Special consideration will be given to
the history, heritage and national impact of the Kansas territorial period.

      (d) In preparing its plans and programs, the Kansas territorial ses-
quicentennial commission shall consider recommendations developed by
the advisory committee and local and private groups. The commission
may designate special committees with representatives from local and
private groups to plan, develop and coordinate specific activities. The
advisory committee shall recommend to the commission ways in which
Kansans of all ages may become familiar with the events involved in the
history of the territorial period in Kansas and the nation.

      (e) The Kansas territorial sesquicentennial commission, no later than
July 1, 2002, shall submit to the governor a comprehensive report incor-
porating the commission's specific recommendations for commemoration
of the Kansas sesquicentennial and related events. The governor shall
transmit the commission's report to the legislature. The report may rec-
ommend activities, including, but not limited to:

      (1) The production, publication and distribution of books, pamphlets,
films and other education materials on the history, culture and political
life of the people in the region during the territorial period;

      (2) the development of bibliographical and documentary projects and
publications, a website and other interactive media;

      (3) conferences, convocations, lectures, seminars and other pro-
grams;

      (4) the development of libraries, museums, historic sites and exhibits,
including mobile exhibits;

      (5) ceremonies and celebrations commemorating specific events;

      (6) programs and activities on the national and international signifi-
cance of the territorial period in Kansas history;

      (7) the issuance of commemorative medals, seals, license plates and
certificates of recognition; and

      (8) proposals for legislation and administrative action that the com-
mission considers necessary to carry out the commission's recommen-
dations.

      (f) The Kansas territorial sesquicentennial commission, no later than
January 15, 2005, shall submit to the governor and the legislature:

      (1) A report of all activities sponsored or supported by the commis-
sion pursuant to sections 2 through 6, inclusive, and amendments thereto,
and recommendations of how the state can support continued territorial
sesquicentennial activities and events from 2005 to 2011; and

      (2) recommendations for planning the sesquicentennial of Kansas
statehood in 2011.

      New Sec.  5. (a) In fulfilling its responsibilities, the Kansas territorial
sesquicentennial commission shall consult, cooperate with and seek ad-
vice from appropriate state agencies, local and public bodies, learned
societies and historical, patriotic, philanthropic, civil, professional and re-
lated organizations. State agencies shall cooperate with the commission
in planning, encouraging, developing and coordinating appropriate com-
memorative activities.

      (b) The chief executive officer of each state university shall cooperate
with the commission, especially in the encouragement and coordination
of scholarly works and presentations on the history, culture and political
activities related to the territorial period in Kansas history.

      (c) The state historical society and the state librarian shall cooperate
with the commission, especially in the development and displays of ex-
hibits and collections and in the development of bibliographies, catalogs
and other materials relevant to the territorial period.

      (d) The division of travel and tourism development of the department
of commerce and housing shall cooperate with the commission in mar-
keting to potential visitors to the state commemorative activities enabling
visitors to experience the cultural heritage of Kansas.

      New Sec.  6. (a) The Kansas territorial sesquicentennial commission
is hereby authorized and empowered to accept donations, gifts, bequests
and other contributions of money to be used in furthering sesquicenten-
nial activities.

      (b)  (1) There is hereby created in the state treasury the sesquicen-
tennial fund which shall be administered by the state historical society.
The chairperson of the Kansas territorial sesquicentennial commission
shall remit to the state treasurer all moneys received by or for the com-
mission for the purposes of sections 2 through 6, inclusive, and amend-
ments thereto. Upon receipt of the remittance, the state treasurer shall
deposit the entire amount in the state treasury and credit it to the ses-
quicentennial fund.

      (2) Moneys in the sesquicentennial fund shall be expended only for
the purposes of sections 2 through 6, inclusive, and amendments thereto,
and only upon approval of the Kansas territorial sesquicentennial com-
mission.

      (3) On or before the 10th of each month, the director of accounts
and reports shall transfer from the state general fund to the sesquicen-
tennial fund interest earnings based on: (A) The average daily balance of
moneys in the sesquicentennial fund for the preceding month; and (B)
the net earnings rate for the pooled money investment portfolio for the
preceding month.

      (4) All expenditures from the sesquicentennial fund shall be made in
accordance with appropriation acts upon warrants of the director of ac-
counts and reports issued pursuant to vouchers approved by a person
authorized by the Kansas territorial sesquicentennial commission for the
purposes set forth in this section.

      New Sec.  7. The provisions of sections 2 through 6 of this act shall
expire on July 1, 2005.

 Sec.  8. K.S.A. 75-2701, as amended by section 377 of 2001 Senate
Bill No. 15, is hereby repealed.
 Sec.  9. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 7, 2001.
__________