Brief ⁽¹⁾

Sub. for HB 2605 creates in statute the Kansas Department of History and Preservation. The bill provides the following changes to the structure of the State Historical Society:

• The name of the State Historical Society would be the Kansas Department of History and Preservation.



• The agency head would be appointed by the Governor, subject to Senate confirmation; and should have demonstrated education, training, or experience in history or a related field as well as demonstrated executive and administrative ability.



• The Executive Committee of the Kansas State Historical Society, Inc., would select three individuals to recommend to the Governor; the Governor may select the director from among the three.



• The Executive Committee would conduct an annual review of the Executive Director and report its findings to the Governor.



• The agency would be directed to provide space for the museum store operated by the private society in the Kansas Museum of History, and other space for activities of the not-for-profit corporation in agency-owned facilities.



• The Executive Director would be required to meet and consult with the not-for-profit corporation on issues related to general agency policy and direction and property acquisition and with the not-for-profit and other state and local entities regarding historic preservation.



• The effective date of the bill would be July 1, 2000.

Background

The bill as introduced reflected the recommendations of the Special Committee on Organization and Structure of the State Historical Society which reviewed the existing structure of the State Historical Society during the 1999 interim. A June 1999 Legislative Post Audit report highlighted several concerns about the existing structure of the State Historical Society. Among those concerns were the fact that the Society had never been expressly created in statute as a state agency; there was no clear distinction between the agency and the not-for-profit Kansas Historical Society, Inc.; and that the Secretary of the not-for-profit entity also served as Executive Director of the agency. In addition, the report noted that the fact that the Executive Director also served as the state historic preservation officer could conflict with the Executive Director's fund raising role as Secretary of the not-for-profit corporation. The Special Committee made the following recommendations, contained in HB 2605 as introduced:

• A free-standing agency should be created and, to avoid name confusion with the not-for-profit Society, should be called the Kansas Department of History and Preservation.



• The agency head would be appointed by the Governor, subject to Senate confirmation; and should have demonstrated education, training, or experience in history or a related field as well as demonstrated executive and administrative ability.



• The new agency should have the authority to contract with other entities.



• The position of State Historic Preservation Officer should be separate from the Executive Director position, and should be in the classified service.

The Kansas 2000 Select Committee heard testimony from a number of individuals. Proponents of the bill included Senator Alicia Salisbury, Chair of the Special Committee on the Organization and Structure of the State Historical Society, and Senator Ben Vidricksen, a member of the Special Committee. Several members of the not-for-profit Society and representatives of historic preservation groups also appeared before the Committee. In response to concerns raised by some conferees, the Kansas 2000 Select Committee modified the recommendations of the Interim Committee to provide:

• The agency would be called the Kansas State Historical Society.



• The Executive Director of the agency would be appointed by the Governor, but the appointee would come from a list of three candidates recommended by the Executive Committee of the not-for-profit Society.



• The Executive Committee would conduct an annual review of the Executive Director and report its findings to the Governor.



• The agency would be directed to provide space for the museum store operated by the private society in the Kansas Museum of History, and other space for activities of the not-for-profit corporation in agency-owned facilities.



• The Executive Director would be required to meet and consult with the not-for-profit corporation on issues related to general agency policy and direction and property acquisition and with the not-for-profit and other state and local entities regarding historic preservation.

The House Committee of the Whole modified the recommendations of the Kansas 2000 Select Committee to provide:

• That the effective date of HB 2605 would be July 1, 2001.

The Senate Ways and Means Committee heard testimony from a number of individuals. Proponents of the bill included Representative Kenny Wilk, Chairman of the Kansas 2000 Select Committee and Representative Annie Kuether, member of the Special Committee on the Organization and Structure of the Kansas State Historical Society. Several members of the not-for-profit Society and representatives of historic preservation groups also appeared before the Committee. In response to concerns by some members of the Committee, the Senate Ways and Means Committee modified the recommendations of the Kansas 2000 Select Committee to provide:

• The name of the State Historical Society would be the Kansas Department of History and Preservation.



• The Governor would have the option to appoint an Executive Director from three individuals recommended by the Executive Committee of the not-for-profit Kansas State Historical Society, Inc.



• The effective date of the bill would be returned to July 1, 2000.

According to the Division of the Budget's fiscal note, enactment of the bill would result in additional expenditures of $125,000 from the State General Fund.

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