Session Law

Identifying Information:L. 2001 ch. 152
Other Identifying Information:2001 Substitute for House Bill 2532
Tax Type:Other
Brief Description:(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.
Keywords:


Body:

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, 2000.


__________




Date Composed: 09/25/2001 Date Modified: 09/25/2001