Brief ⁽¹⁾

SB 389 provides legislative authorization for the construction of a memorial in honor of Kansas firefighters but requires this memorial follow other procedures and standards for reviewing proposals to construct or place permanent memorials on the state Capitol grounds which this bill also establishes.

The firefighters memorial would be located on state property within the state Capitol plaza area at a site selected by the Director of Architectural Services. Each year the State Fire Marshal would identify the names of firefighters who have lost their lives in the line of duty, so that their names could be inscribed on the memorial. The Secretary of Administration would be authorized to receive grants, gifts, contributions, or bequests for the purpose of financing the construction and upkeep of the memorial. The bill would create the Kansas Firefighters Memorial Fund in the state treasury to receive such gifts or donations. Any expenditures would have to be authorized by the Kansas Firefighter Memorial Advisory Committee created by the bill.

The bill would create a nine-member Kansas Firefighters Memorial Advisory Committee composed of representatives of the following groups:

1. Kansas State Firefighters Association;

2. Kansas State Association of Fire Chiefs;

3. Kansas Professional Fire Chiefs Association;

4. Kansas Council of Firefighters;

5. Fire Education Association of Kansas;

6. Kansas Chapter of the International Association of Arson Investigators;

7. Fire Marshal's Association of Kansas;

8. the State Fire Marshal, or a designee; and

9. the Executive Director of the State Historical Society, or a designee.

The representatives of the various fire associations would be appointed by the Governor. The Committee would be advisory to the Director of Architectural Services and the Secretary of Administration with regard to matters concerning the memorial.

As noted earlier, the Kansas Firefighters Memorial would be subject to the procedures and standards for reviewing proposals to construct or place permanent memorials on the state Capitol grounds except it would be exempt from legislative authorization for construction or placement of memorials on the Capitol grounds.

The bill authorizes the Secretary of Administration to review the Historic Structures Report (dealing with the renovation and restoration of the Capitol) and to develop and maintain a preservation plan for the Capitol. The Secretary also is authorized to accept or reject proposals for permanent memorials to be constructed or placed on the Capitol grounds. Prior to acceptance or rejection of a proposal, the Secretary would have to consider recommendations made by the State Historic Preservation Officer, the Director of Facilities Management, and the Director of Legislative Administrative Services. If the Secretary approved the proposal, it would have to be submitted to the Capitol Area Plaza Authority for its consideration. If approved by the Authority, the proposal would have to be submitted to the Governor and the Legislative Coordinating Council for consideration. The bill would prohibit any permanent memorial to be constructed or placed on the Capitol grounds without prior legislative action.

The bill also requires the Secretary of Administration to develop guidelines and standards in consultation with the State Historic Preservation Officer, the Legislative Coordinating Council, and other heads of state agencies located in the Capitol for any permanent memorials to be constructed or placed on the Capitol grounds. Once approved, these guidelines and standards would have to be submitted to the Capitol Area Plaza Authority for its approval. The guidelines and standards shall be designed to: ensure the memorials are of historic and lasting significance; ensure the design excellence of memorials; preserve, protect, and enhance the limited space on the Capitol grounds; preserve the long-range plans of Capitol development; ensure the memorials are appropriately planned, designed, sited, and are reviewed, funded, and constructed in a timely manner; and ensure adequate and appropriate opportunities for input of the public in the development of the proposal.

The bill defines a memorial as any permanent commemorative plaque, monument, sculpture, statuary, or work of art.

Background

SB 389 was introduced by the Legislative Coordinating Council and would have established procedures and standards for reviewing proposals to construct or place permanent memorials on the State Capitol grounds. Senator Emert testified in support of the bill. He stated that during the past interim, the Legislative Coordinating Council established a subcommittee on Facilities and Planning which found that there was no process in place to evaluate, screen, and approve memorial structures that are placed on the Capitol grounds. The subcommittee became concerned at the number of memorials, monuments, and statutes that were being placed on the grounds and recommended what is now SB 389 be created to address the issue. William Groth, State Architect, testified in support of the bill.

The Senate Committee on Elections and Local Government amended the bill to incorporate "permanent" memorial in the definition of memorial.

The House Committee of the Whole deleted the original provisions of SB 389 and inserted the provisions contained in 1999 SB 72 which authorizes the construction of a memorial in honor of Kansas firefighters.

SB 72 was introduced in the 1999 Session by Senator Hensley at the request of a number of firefighter associations in Kansas.

The fiscal note prepared on SB 72 by the Division of the Budget estimates that $1,000 to $2,000 per year would be needed for maintenance and landscaping of the memorial.

The Senate Committee on Elections and Local Government reconsidered the bill and further amended it by combing the original provisions of SB 389 into the bill which would require a memorial to comply with provisions and standards established for placement of memorials on the Capitol grounds with the House Committee of the Whole amendment which would authorize the construction of a memorial in honor of Kansas firefighters. The Senate Committee also amended the House Committee of the Whole version of the bill by stating that the memorial be placed within the state Capitol plaza area and not on the Capitol grounds.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html