Session of 1999
         
HOUSE BILL No. 2573
         
By Committee on Appropriations
         
4-8
         
  9             AN  ACT concerning the restoration of the Kansas capitol; creating the
10             capitol restoration trust fund; establishing the capitol restoration com-
11             mission; prescribing certain powers, duties and functions; providing
12             for certain transfers from the state general fund; amending K.S.A. 75-
13             6702 and repealing the existing section.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             New Section  1. (a) There is hereby established in the state treasury
17       the capitol restoration trust fund which shall constitute a trust fund and
18       shall be administered by the legislative coordinating council in accordance
19       with this section and as otherwise authorized by law.
20             (b) All moneys credited to the capitol restoration trust fund shall be
21       used for the purposes of providing funding for restoration, renovation,
22       remodeling and repair of the Kansas capitol and for payment of the ex-
23       penses of the capitol restoration commission as provided by or in accord-
24       ance with appropriation or other acts of the legislature.
25             (c) All expenditures from the capitol restoration fund shall be made
26       in accordance with appropriation acts upon warrants of the director of
27       accounts and reports issued pursuant to vouchers approved in the manner
28       prescribed by law.
29             (d) On or before the 10th day of each month, the director of accounts
30       and reports shall transfer from the state general fund to the capitol res-
31       toration trust fund interest earnings based on:
32             (1) The average daily balance of moneys in the capitol restoration
33       trust fund for the preceding month; and
34             (2) the net earnings rate of the pooled money investment portfolio
35       for the preceding month.
36             New Sec.  2. (a) Subject to the provisions of subsection (b), on July
37       1, 1999, July 1, 2000, July 1, 2001, July 1, 2002, July 1, 2003, July 1, 2004,
38       July 1, 2005, and July 1, 2006, the director of accounts and reports shall
39       transfer the amount that is equal to .2% of the total amount authorized
40       to be expended or transferred by demand transfer from the state general
41       fund in the immediately preceding fiscal year from the state general fund
42       to the capitol restoration trust fund.
43             (b) The total amount of all moneys transferred from the state general

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  1       fund to the capitol restoration trust fund pursuant to this section shall not
  2       exceed $80,000,000.
  3             New Sec.  3. (a) There is hereby established the capitol restoration
  4       commission for the purpose of advising and providing recommendations
  5       to the governor and the legislature regarding the uses of the moneys
  6       credited to the capitol restoration trust fund and for overseeing the plan-
  7       ning and capital improvement projects undertaken for restoration, ren-
  8       ovation, remodeling and repair of the Kansas capitol. The capitol resto-
  9       ration commission shall be composed of 13 persons who shall be the
10       capitol architect and 12 persons who shall be appointed as follows:
11             (1) Four members appointed by the governor;
12             (2) two persons appointed by the speaker of the house of
13       representatives;
14             (3) two persons appointed by the minority leader of the house of
15       representatives;
16             (4) two persons appointed by the president of the senate; and
17             (5) two persons appointed by the minority leader of the senate.
18             (b) Not more than seven members of the capitol restoration com-
19       mission who are appointed under clauses (1) through (5) of subsection
20       (a) shall be members of the same political party. Each member appointed
21       under clauses (1) through (5) of subsection (a) shall have a term of office
22       for four years and until such member's successor is appointed and qual-
23       ified.
24             (c)  Annually, the capitol restoration commission shall elect one of
25       the members of the commission to be the chairperson of the commission
26       and shall elect one of the members of the commission to be the vice-
27       chairperson of the commission. A quorum of the capitol restoration com-
28       mission shall be seven. All actions of the capitol restoration commission
29       shall be taken by a majority of all of the members of the commission.
30             (d) The capitol restoration commission shall meet at least quarterly
31       or more often upon call of the chairperson. The capitol restoration com-
32       mission may meet at any time within the city of Topeka, Kansas, on the
33       call of the chairperson.
34             (e) The staff of the office of the revisor of statutes, the legislative
35       research department and the division of legislative administrative services
36       shall provide such assistance as may be requested by the capitol resto-
37       ration commission and authorized by the legislative coordinating council.
38             (f) Members of the capitol restoration commission when attending
39       meetings of the capitol restoration commission, or attending a subcom-
40       mittee meeting thereof authorized by the commission, shall receive com-
41       pensation, travel expenses and subsistence expenses or allowances as pro-
42       vided in K.S.A. 75-3212 and amendments thereto.
43             (g) The capitol restoration commission shall study, develop and re-

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  1       view recommendations, proposals and plans regarding the uses of the
  2       moneys credited to the capitol restoration trust fund and capital improve-
  3       ment projects planned or undertaken for the restoration, renovation, re-
  4       modeling and repair of the Kansas capitol. The capitol restoration com-
  5       mission shall prepare and submit an annual report of the commission's
  6       recommendations and the status of the planning and capital improvement
  7       projects planned or undertaken for the restoration, renovation, remod-
  8       eling and repair of the Kansas capitol to the governor and the legislative
  9       coordinating council prior to October 1 each year for consideration as
10       part of the process of developing the governor's budget recommendations
11       and to the legislature at the beginning of each regular session. The gov-
12       ernor shall review and consider inclusion of such recommendations in the
13       preparation of the governor's budget report under K.S.A. 75-3721 and
14       amendments thereto.
15             (h) In accordance with K.S.A. 46-1204 and amendments thereto, the
16       legislative coordinating council may provide for such professional services
17       as may be requested by the capitol restoration commission.
18             Sec.  4. K.S.A. 75-6702 is hereby amended to read as follows: 75-
19       6702. (a) The last appropriation bill passed in any regular session of the
20       legislature shall be the omnibus reconciliation spending limit bill. Each
21       bill which is passed during a regular session of the legislature and which
22       appropriates or transfers money from the state general fund for the en-
23       suing fiscal year shall contain a provision that such bill shall take effect
24       and be in force from and after the effective date of the omnibus recon-
25       ciliation spending limit bill for that regular session of the legislature or
26       from and after such effective date and a subsequent date or an event
27       occurring after such effective date.
28             (b) Except as provided in subsection (c), the maximum amount of
29       expenditures and demand transfers from the state general fund that may
30       be authorized by act of the legislature during the 1994 regular session of
31       the legislature and each regular session of the legislature thereafter, is
32       hereby fixed so that there will be an ending balance in the state general
33       fund for the ensuing fiscal year that is equal to 7 1/2% 7.5% or more of
34       the total amount authorized to be expended or transferred by demand
35       transfer from the state general fund in such fiscal year.
36             (c) The maximum amount of expenditures and demand transfers from
37       the state general fund that may be authorized during the regular session
38       of the legislature commencing in 1999, and each regular session of the
39       legislature thereafter through the regular session of the legislature com-
40       mencing in 2006, is hereby fixed so that there will be an ending balance
41       in the state general fund for the ensuing fiscal year that is equal to or
42       more than the lesser of either:
43             (1) The amount equal to 7.5% of the total amount authorized to be

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  1       expended or transferred by demand transfer from the state general fund
  2       in such ensuing fiscal year; or
  3             (2) the amount equal to the total of (A) the amount equal to 7.3% of
  4       the total amount authorized to be expended or transferred by demand
  5       transfer from the state general fund in such ensuing fiscal year, plus (B)
  6       any amount by which the actual amount of revenues that are credited to
  7       the state general fund for the immediately preceding fiscal year exceeds
  8       the amount estimated by the director of the budget and the director of
  9       the legislative research department on or before the April 4 of such pre-
10       ceding fiscal year pursuant to K.S.A. 75-6701 and amendments thereto. 
11       Sec.  5. K.S.A. 75-6702 is hereby repealed.
12        Sec.  6. This act shall take effect and be in force from and after its
13       publication in the Kansas register.