Session of 2000
         
HOUSE BILL No. 2605
         
By Special Committee on Structure and Organization of the State
         
Historical Society
         
1-7
         

10             AN  ACT creating the Kansas department of history and preservation;
11             transferring powers, duties and functions from the state historical so-
12             ciety to the department; amending K.S.A. 12-17,104, 22a-232, 45-106,
13             45-116, 45-404, 45-405, 45-406, 58-2009, 58-2010, 58-4012, 64-106,
14             74-5402, 74-5406, 74-5408, 74-6614, 75-104, 75-1023, 75-2250, 75-
15             2251, 75-2266, 75-2566, 75-2701, 75-2702, 75-2703, 75-2704, 75-2705,
16             75-2713, 75-2714, 75-2717, 75-2718, 75-2719a, 75-2721, 75-2722, 75-
17             2723, 75-2725, 75-2726, 75-2728, 75-2729, 75-2743, 75-2744, 75-2748,
18             75-2749, 75-2753, 75-3048, 75-3148, 75-3502, 75-3509, 76-2002d, 76-
19             2005a, 76-2005b, 76-2007, 76-2007a, 76-2007f, 76-2011, 76-2012, 76-
20             2015, 76-2016, 76-2017a, 76-2018, 76-2019, 76-2022, 76-2024, 76-
21             2027, 76-2028, 76-2031, 76-2033, 76-2035, 76-2039, 76-2043, 76-2047,
22             76-2048, 76-2050, 76-2051, 76-2054, 76-2056, 77-138, 77-430 and 82a-
23             326 and K.S.A. 1999 Supp. 12-120, 38-1506, 38-1607, 41-719, 45-412,
24             58-2011, 73-209, 74-9001, 74-9201 and 75-2935 and repealing the ex-
25             isting sections; also repealing K.S.A. 1999 Supp. 41-719a.
26      
27       Be it enacted by the Legislature of the State of Kansas:
28             New Section  1. As used in this act:
29             (a) "Director of history and preservation" means the director of his-
30       tory and preservation created by section 2 and amendments thereto;
31             (b) "Kansas department of history and preservation" means the Kan-
32       sas department of history and preservation created by section 2 and
33       amendments thereto;
34             (c) "powers, duties and functions of the state historical society"
35       means all of the powers, duties and functions of the state historical society
36       that were authorized to be exercised or performed by the state historical
37       society as trustee of the state and shall not include any power, duty or
38       function that the Kansas state historical society, inc., is authorized to ex-
39       ercise or perform solely as a corporation organized under the laws of
40       Kansas;
41             (d) "powers, duties and functions of the secretary of the state histor-
42       ical society" means all of the powers, duties and functions of the secretary
43       or executive director of the state historical society that were authorized


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  1       to be exercised or performed by such secretary or executive director as
  2       the chief administrative officer of the state historical society as trustee of
  3       the state and all other powers, duties and functions that are specifically
  4       provided or delegated by statute to the secretary or executive director of
  5       the state historical society as a state officer;
  6             (e) "records and property of the state historical society" means all of
  7       the records and property of the state historical society which have been
  8       created, received or acquired by or which are otherwise in the custody
  9       or control of the state historical society as trustee of the state and shall
10       not include any records or property that the Kansas state historical society,
11       inc., created or acquired solely for the purposes or in the name of the
12       Kansas state historical society, inc., as a corporation organized under the
13       laws of Kansas and not as the state historical society as trustee of the state;
14             (f) "rules and regulations" means rules and regulations adopted in
15       accordance with the rules and regulations filing act; and
16             (g) "state historical society as trustee of the state" means the state
17       historical society acting in its capacity as trustee of the state or otherwise
18       as a state agency under the statutes and law in effect prior to July 1, 2000.
19             New Sec.  2. (a) There is hereby created within the executive branch
20       of state government the Kansas department of history and preservation,
21       which shall be administered under the direction and supervision of a
22       director of history and preservation. The governor shall appoint the di-
23       rector of history and preservation, subject to confirmation by the senate
24       as provided in K.S.A. 75-4315b and amendments thereto. The director
25       of history and preservation shall serve at the pleasure of the governor.
26       The director of history and preservation shall receive an annual salary
27       fixed by the governor.
28             (b) The director of history and preservation shall be qualified by ed-
29       ucation or training and experience in the field of history, historic pres-
30       ervation, education, museum administration or a related field and shall
31       have demonstrated executive and administrative ability to discharge the
32       duties of the office of director of history and preservation.
33             New Sec.  3. (a) The director of history and preservation may organ-
34       ize the Kansas department of history and preservation in the manner the
35       secretary deems most efficient, so long as the same is not in conflict with
36       the provisions of law and the director may establish policies governing
37       the transaction of business of the department and the administration of
38       the department.
39             (b) In addition to other authority provided by statute, the director of
40       history and preservation may enter into contracts with appropriate public
41       and private entities for the purposes assisting or enhancing the functions,
42       activities and operations of the Kansas department of history and pres-
43       ervation, including the collections, museums, historic sites, publications,


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  1       records, archives, research services and other programs and activities of
  2       the department. In particular, the director of history and preservation
  3       shall enter into one or more contracts with the Kansas state historical
  4       society, inc., to provide space for the museum store operated by the so-
  5       ciety in the Kansas museum of history, to provide other space for office
  6       and administrative activities for the society at the Kansas history center
  7       and to otherwise provide assistance or make available equipment and
  8       facilities to the society for the purposes of continuing and further devel-
  9       oping a mutually beneficial relationship with the Kansas state historical
10       society, inc., in furtherance of the historic interests of Kansas.
11             New Sec.  4. (a) On July 1, 2000, the office of the state historical
12       society as trustee of the state, conferred by K.S.A. 75-2701 and amend-
13       ments thereto, is hereby terminated and dissolved. On July 1, 2000, the
14       office of the secretary of the state historical society and the office of the
15       executive director of the state historical society, as each such state office
16       is conferred and provided for by statute, are hereby abolished.
17             (b) On July 1, 2000, except as otherwise specifically provided by this
18       act, all of the powers, duties and functions of the state historical society,
19       including the power to administer, expend and distribute funds now or
20       hereafter made available in accordance with appropriation acts, shall be
21       and hereby are transferred to and conferred and imposed upon the Kan-
22       sas department of history and preservation. The Kansas department of
23       history and preservation shall be the successor in every way to the powers,
24       duties and functions of the state historical society, in which the same were
25       vested prior to July 1, 2000. The Kansas department of history and pres-
26       ervation shall be a continuation of the state historical society as trustee
27       of the state and every act performed under the authority of the Kansas
28       department of history and preservation shall be deemed to have the same
29       force and effect as if performed by the state historical society in which
30       the authority to perform such act was vested prior to July 1, 2000.
31             (c) On July 1, 2000, except as otherwise specifically provided by this
32       act, all of the powers, duties and functions of the secretary of the state
33       historical society, including the power to administer, expend and distrib-
34       ute funds now or hereafter made available in accordance with appropri-
35       ation acts, shall be and hereby are transferred to and conferred and im-
36       posed upon the director of history and preservation. Except as otherwise
37       specifically provided by this act, the director of history and preservation
38       shall be the successor in every way to the powers, duties and functions
39       of the secretary of the state historical society, in which the same were
40       vested prior to July 1, 2000. Except as otherwise specifically provided by
41       this act, the director of history and preservation shall be a continuation
42       of the secretary of the state historical society and the executive director
43       of the state historical society for all purposes of the exercise or perform-


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  1       ance of such powers, duties and functions of the secretary of the state
  2       historical society and every act performed under the authority of the di-
  3       rector of history and preservation shall be deemed to have the same force
  4       and effect as if performed by the secretary of the state historical society
  5       or the executive director of the state historical society in which the au-
  6       thority to perform such act was vested prior to July 1, 2000.
  7             (d) On and after July 1, 2000, except as otherwise specifically pro-
  8       vided by this act, whenever the state historical society, or words of like
  9       effect, is referred to or designated by a statute, contract or other docu-
10       ment, and such reference or designation is to the state historical society
11       as trustee of the state, such reference or designation shall be deemed to
12       apply to the Kansas department of history and preservation.
13             (e) On and after July 1, 2000, except as otherwise specifically pro-
14       vided by this act, whenever the secretary of the state historical society or
15       the executive director of the state historical society, or words of like effect,
16       is referred to or designated by a statute, contract or other document, and
17       such reference or designation is to the secretary of the state historical
18       society or the executive director of the state historical society as a state
19       officer of the state historical society as trustee of the state, such reference
20       or designation shall be deemed to apply to the director of history and
21       preservation.
22             (f) All rules and regulations of the state historical society and the
23       secretary of the state historical society that are in existence on June 30,
24       2000, shall continue to be effective and shall be deemed to be duly
25       adopted rules and regulations of the Kansas department of history and
26       preservation until revised, amended, revoked or nullified pursuant to law.
27             (g) All policies, orders and directives of the state historical society as
28       trustee of the state or of the secretary or executive director of the state
29       historical society as trustee of the state that are in existence on June 30,
30       2000, shall continue to be effective and shall be deemed to be policies,
31       orders and directives of the Kansas department of history and preserva-
32       tion and the director of history and preservation until revised, amended
33       or nullified pursuant to law.
34             New Sec.  5. On July 1, 2000, the Kansas department of history and
35       preservation and the director of history and preservation shall succeed to
36       whatever right, title or interest the state historical society as trustee of
37       the state has acquired in any real property in this state, and the Kansas
38       department of history and preservation and the director of history and
39       preservation shall hold the same for and in the name of the state of
40       Kansas. On and after July 1, 2000, whenever any statute, contract, deed
41       or other document concerns the power or authority of the state historical
42       society as the trustee of the state to acquire, hold or dispose of real prop-
43       erty or any interest therein, the Kansas department of history and pres-


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  1       ervation and the director of history and preservation shall succeed to such
  2       power or authority.
  3             New Sec.  6. (a) The director of history and preservation shall provide
  4       that all officers and employees of the state historical society who are
  5       engaged in the exercise and performance of the powers, duties and func-
  6       tions transferred by this act are transferred to the Kansas department of
  7       history and preservation if the director of history and preservation deems
  8       that the transfer of such officers and employees is necessary to the ex-
  9       ercise and performance of such powers, duties and functions.
10             (b) Officers and employees of the state historical society who are
11       transferred to the Kansas department of history and preservation shall
12       retain all retirement benefits and leave rights which had accrued or vested
13       prior to the date of transfer. The service of each such officer and em-
14       ployee so transferred shall be deemed to have been continuous. All trans-
15       fers, layoffs and abolition of classified service positions under the Kansas
16       civil service act which may result from transfers of powers, duties and
17       functions shall be made in accordance with the civil service laws and any
18       rules and regulations adopted thereunder. Nothing in this act shall affect
19       the classified status of any transferred person employed by the state his-
20       torical society prior to the date of transfer. The director of history and
21       preservation shall be responsible for administering any layoff that is a part
22       of the transfer. Notwithstanding the date of transfer of personnel from
23       the state historical society to the Kansas department of history and pres-
24       ervation pursuant to the provisions of this act, the date of such transfer
25       shall be effective at the start of a payroll period.
26             New Sec.  7. (a) When any conflict arises as to the disposition of any
27       power, function or duty or the unexpended balance of any appropriation
28       as a result of any abolition, transfer or change effected by or under au-
29       thority of this act, such conflict shall be resolved by the governor, whose
30       decision shall be final.
31             (b) On July 1, 2000, the Kansas department of history and preser-
32       vation shall succeed to all property and records which were used for or
33       pertain to the performance of the powers, duties and functions trans-
34       ferred by this act to such department or to the director of history and
35       preservation. Any conflict as to the proper disposition of property or re-
36       cords arising under this section, and resulting from any abolition or trans-
37       fer of powers, duties and functions effected by or under authority of this
38       act, shall be determined by the governor, whose decision shall be final.
39             New Sec.  8. (a) On and after July 1, 2000, the Kansas department of
40       history and preservation and the director of history and preservation shall
41       have the legal custody of all records, memoranda, writings, entries, prints,
42       representations or combinations thereof of any act, transaction, occur-
43       rence or event of the state historical society as the trustee of the state or


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  1       the secretary or executive director thereof as a state officer.
  2             (b) No suit, action or other proceeding, judicial or administrative,
  3       lawfully commenced, or which could have been commenced, by or against
  4       the state historical society as the trustee of the state or the secretary or
  5       executive director thereof, as a state officer in the official capacity of such
  6       state agency or officer or in relation to the discharge of official duties of
  7       such state agency or officer, shall abate by reason of the governmental
  8       reorganization effected under the provisions of this act. The court may
  9       allow any such suit, action or other proceeding to be maintained by or
10       against the Kansas department of history and preservation and the direc-
11       tor of history and preservation.
12             (c) No criminal action commenced or which could have been com-
13       menced by the state shall abate by reason of the governmental reorgan-
14       ization effected under the provisions of this act.
15             New Sec.  9. (a) On July 1, 2000, the balance of all funds appropriated
16       and reappropriated to the state historical society is hereby transferred to
17       the Kansas department of history and preservation and shall be used only
18       for the purpose for which the appropriation was originally made.
19             (b) On July 1, 2000, the liability for all accrued compensation or sal-
20       aries of officers and employees who, immediately prior to such date, were
21       engaged in the performance of powers, duties or functions of the state
22       historical society as a trustee of the state shall be assumed and paid by
23       the Kansas department of history and preservation.
24             Sec.  10. K.S.A. 1999 Supp. 12-120 is hereby amended to read as
25       follows: 12-120. (a) The officers and employees of any city charged with
26       the custody or having in their custody the following records, documents
27       or other papers may destroy the same after they have been on file for the
28       period stated:
29             (1) Claims and any purchase orders attached thereto, five years.
30             (2) Warrants or warrant checks, whether originals or duplicates, that
31       have been paid, five years.
32             (3) Duplicates of receipts or stubs of receipts issued, three years.
33             (4) Duplicates of utility bills sent to customers, three years.
34             (5) Bookkeeping or accounting records of utility customer's accounts,
35       three years, except that the period for the records of deposits to guarantee
36       the payment of bills or the return of meters shall begin when the account
37       is closed or the customer ceases to receive service.
38             (6) Duplicates or stubs of licenses issued for license fees or taxes,
39       three years.
40             (7) Bonds of officers or employees, 10 years, the period to begin at
41       the termination of the term of the bond.
42             (8) Insurance policies, five years, the period beginning at expiration
43       of the policy unless a claim is pending.


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  1             (9) Canceled checks, five years.
  2             (10) Requisition and duplicate purchase orders, three years.
  3             (11) Bonds and coupons, if any, stamped paid or canceled and re-
  4       turned by the fiscal agent, five years, the period beginning at the date of
  5       maturity of the bond or coupon. One bond of each issue shall be retained
  6       permanently or shall be offered to the state historical society Kansas de-
  7       partment of history and preservation.
  8             (b) The original of records, documents or other papers listed in sub-
  9       section (a) may be destroyed at any time if reproduced as provided in
10       K.S.A. 12-122, and amendments thereto, and such reproduction shall be
11       retained for a period not less than required for the original records.
12             Sec.  11. K.S.A. 12-17,104 is hereby amended to read as follows: 12-
13       17,104. The governing body of the city, on behalf of the district, shall
14       have the right to acquire real and personal property by gift, purchase,
15       exchange or eminent domain, as provided by K.S.A. 26-501 to 26-516,
16       inclusive, and amendments thereto, provided that the governing body
17       may exercise the power of eminent domain only under the following
18       conditions:
19             (1) Acquisition of the land and personal property is in the public
20       interest and is needed to further the improvement or redevelopment
21       proposal of an existing self-supported municipal improvement district un-
22       der this act.
23             (2) The proposal has been reviewed by the appropriate planning com-
24       mission for conformance with the comprehensive plan of the city.
25             (3) The city has complied with K.S.A. 75-2714 to 75-2725, inclusive,
26       and amendments thereto, and has received written approval of the state
27       historical society Kansas department of history and preservation as pro-
28       vided by K.S.A. 75-2714, and amendments thereto.
29             (4) The provisions of K.S.A. 12-1771 and 12-1772, and amendments
30       thereto, have been complied with except as the same relate to findings
31       of a blighted area.
32             (5) The procedures for a public hearing, notification to affected prop-
33       erty owners and the right of appeal shall be the same as provided in
34       subsections (d) and (e) of K.S.A. 12-1796 and 12-1797, and amendments
35       thereto.
36             Upon the dissolution of the district or according to the district proposal
37       as adopted or amended, and the retirement of all bonded indebtedness
38       against the property, all property of the district shall become the property
39       of the city and the city may trade or exchange or sell this property in the
40       same manner as provided in K.S.A. 12-1301, and amendments thereto.
41       The proceeds from such sale may be used for another public purpose.
42             Sec.  12. K.S.A. 22a-232 is hereby amended to read as follows: 22a-
43       232. (a) Upon receipt of notice pursuant to K.S.A. 22a-231, and amend-


8

  1       ments thereto, the coroner shall take charge of the dead body, make
  2       inquiries regarding the cause of death and reduce the findings to a report
  3       in writing. Such report shall be filed with the clerk of the district court
  4       of the county in which the cause of death occurred if known, or if not
  5       known the report shall be filed with the clerk of the district court of the
  6       county in which the death occurred. If the coroner determines that the
  7       dead body is not a body described by K.S.A. 22a-231, and amendments
  8       thereto, the coroner shall immediately notify the state historical society
  9       Kansas department of history and preservation.
10             (b) If in the opinion of the coroner information is present in the
11       coroner's report that might jeopardize a criminal investigation, the cor-
12       oner shall file the report with the clerk of the district court of such county
13       and designate such report as a criminal investigation record, pursuant to
14       subsection (a)(10) of K.S.A. 45-221, and amendments thereto.
15             Sec.  13. K.S.A. 1999 Supp. 38-1506 is hereby amended to read as
16       follows: 38-1506. (a) Official file. The official file of proceedings pursuant
17       to this code shall consist of the petition, process, service of process, or-
18       ders, writs and journal entries reflecting hearings held and judgments and
19       decrees entered by the court. The official file shall be kept separate from
20       other records of the court. The official file shall be privileged and shall
21       not be disclosed directly or indirectly to anyone except:
22             (1) A judge of the district court and members of the staff of the court
23       designated by a judge of the district court;
24             (2) the guardian ad litem and the parties to the proceedings and their
25       attorneys;
26             (3) any individual, or any public or private agency or institution, hav-
27       ing custody of the child under court order or providing educational, med-
28       ical or mental health services to the child or a court-approved advocate
29       for the child or any placement provider or potential placement provider
30       as determined by the secretary or court services officer; and
31             (4) any other person when authorized by a court order, subject to any
32       conditions imposed by the order.
33             (b) Social file. Reports and information received by the court, other
34       than the official file, shall be privileged and open to inspection only by
35       the guardian ad litem or an attorney for an interested party or upon court
36       order. The reports shall not be further disclosed by the guardian ad litem
37       or attorney without approval of the court or by being presented as ad-
38       missible evidence.
39             (c) Preservation of records. The Kansas state historical society de-
40       partment of history and preservation shall be allowed to take possession
41       for preservation in the state archives of any court records related to pro-
42       ceedings under the Kansas code for care of children whenever such re-
43       cords otherwise would be destroyed. No such records in the custody of


9

  1       the Kansas state historical society department of history and preservation
  2       shall be disclosed directly or indirectly to anyone for 80 years after cre-
  3       ation of the records, except as provided in subsections (a) and (b). Pur-
  4       suant to subsections (a)(4) and (b), a judge of the district court may allow
  5       inspection for research purposes of any court records in the custody of
  6       the Kansas state historical society department of history and preservation
  7       related to proceedings under the Kansas code for care of children.
  8             Sec.  14. K.S.A. 1999 Supp. 38-1607 is hereby amended to read as
  9       follows: 38-1607. (a) Official file. The official file of proceedings pursuant
10       to this code shall consist of the complaint, process, service of process,
11       orders, writs and journal entries reflecting hearings held and judgments
12       and decrees entered by the court. The official file shall be kept separate
13       from other records of the court.
14             (b) The official file shall be open for public inspection as to any ju-
15       venile 14 or more years of age at the time any act is alleged to have been
16       committed or as to any juvenile less than 14 years of age at the time any
17       act is alleged to have been committed except if the judge determines that
18       opening the official file for public inspection is not in the best interest of
19       such juvenile who is less than 14 years of age. Information identifying
20       victims and alleged victims of sex offenses, as defined in K.S.A. chapter
21       21, article 35, shall not be disclosed or open to public inspection under
22       any circumstances. Nothing in this section shall prohibit the victim or
23       alleged victim of any sex offense from voluntarily disclosing their identity.
24       If the judge determines that a juvenile file, for a juvenile who is less than
25       14 years of age, shall not be open for public inspection, the official file
26       and information identifying the victim or alleged victim of any sex offense
27       shall be disclosed only to the following parties:
28             (1) A judge of the district court and members of the staff of the court
29       designated by the judge;
30             (2) parties to the proceedings and their attorneys;
31             (3) any individual, or any public or private agency or institution, hav-
32       ing custody of the juvenile under court order or providing educational,
33       medical or mental health services to the juvenile or a court-approved
34       advocate for the juvenile or any placement provider or potential place-
35       ment provider as determined by the commissioner or court services
36       officer;
37             (4) law enforcement officers or county or district attorneys or their
38       staff when necessary for the discharge of their official duties;
39             (5) the Kansas racing commission, upon written request of the com-
40       mission chairperson, for the purpose provided by K.S.A. 74-8804, and
41       amendments thereto;
42             (6) the juvenile intake and assessment workers;
43             (7) the commissioner of juvenile justice; and


10

  1             (8) any other person when authorized by a court order, subject to any
  2       conditions imposed by the order.
  3             (c) Social file. Reports and information received by the court other
  4       than the official file shall be privileged and open to inspection only by
  5       attorneys for the parties, juvenile intake and assessment workers or upon
  6       order of a judge of the district court or an appellate court. The reports
  7       shall not be further disclosed by the attorney without approval of the
  8       court or by being presented as admissible evidence.
  9             (d) Preservation of records. The Kansas state historical society de-
10       partment of history and preservation shall be allowed to take possession
11       for preservation in the state archives of any court records related to pro-
12       ceedings under the Kansas juvenile justice code whenever such records
13       otherwise would be destroyed. The Kansas state historical society de-
14       partment of history and preservation shall make available for public in-
15       spection any unexpunged docket entry or official file in its custody con-
16       cerning any juvenile 16 or more years of age at the time an offense is
17       alleged to have been committed by the juvenile. No other such records
18       in the custody of the Kansas state historical society department of history
19       and preservation shall be disclosed directly or indirectly to anyone for 80
20       years after creation of the records, except as provided in subsections (b)
21       and (c). Pursuant to subsections (b)(7) and (c), a judge of the district
22       court may allow inspection for research purposes of any court records in
23       the custody of the Kansas state historical society department of history
24       and preservation related to proceedings under the Kansas juvenile justice
25       code.
26             (e) Relevant information, reports and records shall be made available
27       to the department of corrections upon request and a showing that the
28       former juvenile has been convicted of a crime and placed in the custody
29       of the secretary of the department of corrections.
30             Sec.  15. K.S.A. 1999 Supp. 41-719 is hereby amended to read as
31       follows: 41-719. (a) No person shall drink or consume alcoholic liquor on
32       the public streets, alleys, roads or highways or inside vehicles while on
33       the public streets, alleys, roads or highways.
34             (b) No person shall drink or consume alcoholic liquor on private
35       property except:
36             (1) On premises where the sale of liquor by the individual drink is
37       authorized by the club and drinking establishment act;
38             (2) upon private property by a person occupying such property as an
39       owner or lessee of an owner and by the guests of such person, if no charge
40       is made for the serving or mixing of any drink or drinks of alcoholic liquor
41       or for any substance mixed with any alcoholic liquor and if no sale of
42       alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
43       takes place;


11

  1             (3) in a lodging room of any hotel, motel or boarding house by the
  2       person occupying such room and by the guests of such person, if no
  3       charge is made for the serving or mixing of any drink or drinks of alcoholic
  4       liquor or for any substance mixed with any alcoholic liquor and if no sale
  5       of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
  6       takes place;
  7             (4) in a private dining room of a hotel, motel or restaurant, if the
  8       dining room is rented or made available on a special occasion to an in-
  9       dividual or organization for a private party and if no sale of alcoholic liquor
10       in violation of K.S.A. 41-803, and amendments thereto, takes place; or
11             (5) on the premises of a microbrewery or farm winery, if authorized
12       by K.S.A. 41-308a or 41-308b, and amendments thereto.
13             (c) No person shall drink or consume alcoholic liquor on public prop-
14       erty except:
15             (1) On real property leased by a city to others under the provisions
16       of K.S.A. 12-1740 through 12-1749, and amendments thereto, if such real
17       property is actually being used for hotel or motel purposes or purposes
18       incidental thereto.
19             (2) In any state-owned or operated building or structure, and on the
20       surrounding premises, which is furnished to and occupied by any state
21       officer or employee as a residence.
22             (3) On premises licensed as a club or drinking establishment and
23       located on property owned or operated by an airport authority created
24       pursuant to chapter 27 of the Kansas Statutes Annotated or established
25       by a city having a population of more than 200,000.
26             (4) On the state fair grounds on the day of any race held thereon
27       pursuant to the Kansas parimutuel racing act.
28             (5) On the state fairgrounds, if such liquor is domestic wine or wine
29       imported under subsection (e) of K.S.A. 41-308a, and amendments
30       thereto, and is consumed only for purposes of judging competitions.
31             (6) In the state historical museum provided for by K.S.A. 76-2036,
32       and amendments thereto, on the surrounding premises and in any other
33       building on such premises, as authorized by rules and regulations of the
34       state historical society Kansas department of history and preservation.
35             (7) On the premises of any state-owned historic site under the juris-
36       diction and supervision of the state historical society Kansas department
37       of history and preservation, on the surrounding premises and in any other
38       building on such premises, as authorized by rules and regulations of the
39       state historical society Kansas department of history and preservation.
40             (8) In a lake resort within the meaning of K.S.A. 32-867, and amend-
41       ments thereto, on state-owned or leased property.
42             (9) In the Hiram Price Dillon house or on its surrounding premises,
43       subject to limitations established in policies adopted by the legislative


12

  1       coordinating council, as provided by K.S.A. 75-3682, and amendments
  2       thereto.
  3             (10) On the premises of the Kansas national guard regional training
  4       center located in Saline county, and any building on such premises, as
  5       authorized by rules and regulations of the adjutant general and upon
  6       approval of the Kansas military board.
  7             (11) On property exempted from this subsection (c) pursuant to sub-
  8       section (d), (e), (f), (g) or (h).
  9             (d) Any city may exempt, by ordinance, from the provisions of sub-
10       section (c) specified property the title of which is vested in such city.
11             (e) The board of county commissioners of any county may exempt,
12       by resolution, from the provisions of subsection (c) specified property the
13       title of which is vested in such county.
14             (f) The state board of regents may exempt from the provisions of
15       subsection (c) the Sternburg museum on the campus of Fort Hays state
16       university, or other specified property which is under the control of such
17       board and which is not used for classroom instruction, where alcoholic
18       liquor may be consumed in accordance with policies adopted by such
19       board.
20             (g) The board of regents of Washburn university may exempt from
21       the provisions of subsection (c) the Mulvane art center and the Bradbury
22       Thompson alumni center on the campus of Washburn university, and
23       other specified property the title of which is vested in such board and
24       which is not used for classroom instruction, where alcoholic liquor may
25       be consumed in accordance with policies adopted by such board.
26             (h) Any city may exempt, by ordinance, from the provisions of sub-
27       section (c) any national guard armory in which such city has a leasehold
28       interest, if the Kansas military board consents to the exemption.
29             (i) Violation of any provision of this section is a misdemeanor punish-
30       able by a fine of not less than $50 or more than $200 or by imprisonment
31       for not more than six months, or both.
32             Sec.  16. K.S.A. 45-106 is hereby amended to read as follows: 45-106.
33       The secretary of state shall dispose of the laws passed at each session of
34       the legislature, immediately after their publication, as follows:
35             First. Deposit in the state library such numbers of copies as are needed
36       for use in the state library, for the purposes of the publication collection
37       and depository system established under K.S.A. 75-2566 and amend-
38       ments thereto, and for the purpose of making exchanges with the libraries
39       of the several states and territories.
40             Second. Distribute (a) one copy to the governor, lieutenant governor,
41       each member of the state legislature, attorney general, secretary of state,
42       and state historical society library of the Kansas department of history and
43       preservation; (b) to each organized city of the first, second and third


13

  1       classes in this state requesting the same; (c) one copy each to the clerk
  2       of the United States court of appeals for the 10th circuit, to the clerk of
  3       the United States district court for Kansas and to the United States mar-
  4       shal for the district of Kansas, upon request therefor; (d) to the law de-
  5       partment of the university of Kansas, not more than 10 copies and to the
  6       Washburn university school of law, not more than 10 copies, upon request
  7       therefor; (e) to the director of legislative administrative services such
  8       number of copies as such director shall request for use by the legislature;
  9       (f) to the office of revisor of statutes such number of copies as the revisor
10       of statutes shall request for use in such office; (g) to the legislative re-
11       search department such number of copies as the director of legislative
12       research shall request for use in such office; (h) to the division of post
13       audit such number of copies as the post auditor shall request for use in
14       such office; (i) to the several offices of the judicial branch of state gov-
15       ernment such number of copies as the chief justice of the supreme court
16       shall request for use in such offices; and (j) to the supreme court law
17       library such number of copies as the state law librarian shall request for
18       use in the law library and for the purpose of maintaining exchanges for
19       books, documents and publications of a legal nature for use in the law
20       library.
21             Third. To the clerk of the board of county commissioners of each
22       county, upon request therefor, a sufficient number of copies of the laws
23       to be distributed by such clerk to each of the following officers in such
24       county, allowing one for each: The district attorney or county attorney,
25       register of deeds, county clerk, county treasurer, sheriff, and the board
26       of county commissioners.
27             Fourth. Copies of the laws passed at each session of the legislature shall
28       be deposited with the state librarian and such librarian is hereby author-
29       ized to furnish one copy to each high school, college, university, and
30       public library in the state of Kansas, upon written application of its man-
31       aging officer to the state librarian.
32             Sec.  17. K.S.A. 45-116 is hereby amended to read as follows: 45-116.
33       (a) At the conclusion of each legislative session, the secretary of the senate
34       and the chief clerk of the house of representatives shall prepare perma-
35       nent journals of the senate and house of representatives to be entitled
36       "Senate and House Journals of the State of Kansas for
,"
37       and the blank shall be filled with the year and words indicating whether
38       the sessions journalized are regular or special, or both. In preparation of
39       such journals, the secretary of the senate and chief clerk of the house
40       shall work under the supervision of the legislative coordinating council.
41       Such journals shall include the matters contained in the daily journals of
42       the two houses and such additional materials and information as may be
43       directed by the legislative coordinating council. Such journals shall be


14

  1       published in one or more volumes as determined by such council. Such
  2       journals shall be printed in clothbound copies by the director of printing
  3       from copy prepared by the secretary of the senate and chief clerk of the
  4       house of representatives.
  5             (b) Upon the advice of the secretary of the senate and the chief clerk
  6       of the house of representatives, the secretary of state shall specify the
  7       number of copies of such journals which shall be printed and clothbound,
  8       which shall not be more than 750 copies and, in addition thereto, such
  9       number of copies as are needed for the purposes of the publication col-
10       lection and depository system established under K.S.A. 75-2566 and
11       amendments thereto, for disposition by the secretary of state, as follows:
12             (1) One copy to the governor, the lieutenant governor, the secretary
13       of state, the attorney general, the state historical society library of the
14       Kansas department of history and preservation, and each member of the
15       legislature;
16             (2) two copies to the board of county commissioners of each county,
17       upon request therefor;
18             (3) to the several offices of the judicial branch of state government,
19       the number of copies necessary to conduct the official business of such
20       offices, as requested by the chief justice of the supreme court;
21             (4) to the office of attorney general, the state library, the office of the
22       revisor of statutes, the division of post audit and the legislative research
23       department, the number of copies necessary to conduct the official busi-
24       ness of such offices, as requested by the chief administrative officers
25       thereof;
26             (5) the number of copies necessary for use by the legislature, as re-
27       quested by the director of legislative administrative services;
28             (6) the remainder of such copies shall be kept by the secretary of
29       state for sale at the per volume price for such copies fixed by the legislative
30       coordinating council under this section, until the inventory of the volume
31       is reduced to 50 copies.
32             (c) When the inventory of any volume is 50 copies or less, the sec-
33       retary of state, with the approval of the revisor of statutes, may dispose
34       of copies from such inventory by distribution without charge.
35             (d) The legislative coordinating council shall fix the per volume price
36       for clothbound copies of the permanent journals of the senate and house
37       of representatives, sold under this section, to recover the costs of printing
38       and binding such volumes. The legislative coordinating council shall re-
39       vise such prices from time to time as necessary for the purposes of cov-
40       ering and recovering such costs.
41             (e) The secretary of state shall remit all moneys received under this
42       section to the state treasurer at least monthly and the state treasurer shall
43       deposit the entire amount of each such remittance in the state treasury


15

  1       to the credit of the state general fund.
  2             Sec.  18. K.S.A. 45-404 is hereby amended to read as follows: 45-404.
  3       The state records board shall:
  4             (a) Approve or modify retention and disposition schedules and re-
  5       cords manuals prepared pursuant to subsections (c) and (d) of K.S.A. 45-
  6       406 and amendments thereto. Once approved by the board the retention
  7       and disposition schedules for state agencies shall be filed with the sec-
  8       retary of state. Without further action by the board, noncurrent records
  9       of state agencies scheduled for disposition may be disposed of as provided
10       in the schedules and noncurrent records scheduled for retention may be
11       transferred to the state archives, subject to approval by the state archivist
12       and in accordance with procedures to be established by the state archivist.
13             (b) Pass upon any proposed revisions in the retention and disposition
14       schedules and upon requests for authority to dispose of records of state
15       agencies or counties not listed in the schedules. No records of state agen-
16       cies or counties shall be disposed of before the retention periods desig-
17       nated in the schedules have elapsed without the approval of the board.
18       No state agency or county shall be required to destroy records which it
19       chooses to retain, even though the retention and disposition schedules
20       authorize their destruction. The retention and disposition schedules for
21       all local agencies except counties shall be recommendations and shall not
22       alter or replace current statutes authorizing or restricting the disposition
23       of government records by local agencies.
24             (c) Any board of county commissioners may order disposition of any
25       noncurrent county government records after minimum retention periods
26       set forth in the schedules prepared pursuant to subsection (d) of K.S.A.
27       45-406 and amendments thereto. Any board of county commissioners
28       may petition the state records board for amendments to the schedules,
29       for authority to depart from specific provisions of the schedules or for
30       authority to implement schedules applicable to only a single county.
31             (d) With the approval of the state archivist, the board of county com-
32       missioners of any county may transfer any noncurrent county government
33       records to the custody of the state historical society Kansas department
34       of history and preservation. The board of county commissioners of any
35       county may transfer any noncurrent county government records which
36       have been determined by the state archivist to be records, which are not
37       required by law to be confidential or restricted, to the custody of a county
38       historical society, a genealogical society, a public library, a college or uni-
39       versity library or another local or regional repository in Kansas, deter-
40       mined by the state archivist to be suitable, which will accept such records,
41       except that under authority of this subsection no records relating to the
42       mental or physical health of any person shall be so transferred.
43             (e) Pass upon recommendations by the state archivist for transfer to


16

  1       the state archives of any noncurrent government records with enduring
  2       value which are held by a state agency opposing such a transfer. When
  3       the state archivist makes such a recommendation, the state agency op-
  4       posing the transfer shall defend before the board its reasons for wanting
  5       to retain the records in its custody, and the board shall determine whether
  6       the transfer shall occur.
  7             (f) Approve or modify recommended microphotographic standards
  8       prepared by the state archivist and pass upon requests for authority to
  9       dispose of original government records of state agencies following repro-
10       duction on film, as provided in K.S.A. 45-412 and amendments thereto.
11             Sec.  19. K.S.A. 45-405 is hereby amended to read as follows: 45-405.
12       (a) The state historical society Kansas department of history and preser-
13       vation shall serve as the official state archives and shall assist state and
14       local agencies in the preservation of government records with enduring
15       value.
16             (b) Any state or local agency may transfer to the state archives any
17       noncurrent government records accepted by the state archivist and all
18       state agencies shall transfer to the state archives any noncurrent govern-
19       ment records when directed to do so by the state records board. With
20       the approval of the state archivist, noncurrent legislative and judicial re-
21       cords also may be deposited in the state archives for preservation.
22             (c) The secretary of state shall not be prevented by any statute from
23       depositing in the state archives any noncurrent government records ac-
24       cepted by the state archivist.
25             (d) The provisions of this act shall not prohibit discarding or other-
26       wise disposing of extraneous, worthless or duplicate material found in
27       government records when processed by the state archives staff. Any re-
28       cords placed in the state archives may be disposed of in any manner
29       approved by the board and the state archivist upon a determination that
30       such records no longer have enduring value.
31             Sec.  20. K.S.A. 45-406 is hereby amended to read as follows: 45-406.
32       Under the supervision of the secretary of the state historical society di-
33       rector of history and preservation, the state archivist shall:
34             (a) Seek, negotiate for, acquire and receive noncurrent government
35       records with enduring value from agencies and branches of state govern-
36       ment and from local agencies.
37             (b) Properly arrange, store, preserve and make accessible to the pub-
38       lic the records in the state archives, in accordance with appropriate ar-
39       chival procedures and in accordance with the provisions of K.S.A. 45-407
40       and amendments thereto. Provide advice and assistance to state and local
41       agencies and to branches of state government with regard to proper ar-
42       rangement, storage, preservation and accessibility of the government re-
43       cords with enduring value remaining in their custody.


17

  1             (c) Advise and assist state agencies in the preparation of retention
  2       and disposition schedules for government records.
  3             (d) Prepare, publish and distribute to the appropriate public officers
  4       and to other interested persons records manuals containing retention and
  5       disposition schedules for government records of local agencies. Recom-
  6       mendations for proper arrangement, storage and preservation of records
  7       with enduring value and an analysis of state and federal legislation rele-
  8       vant to government records in Kansas also shall be included in these
  9       records manuals. Appropriate public officers of the state and its govern-
10       mental subdivisions shall be consulted during the preparation of the re-
11       cords manuals.
12             (e) Review the contents of the records manuals annually and distrib-
13       ute any revisions which are made to the appropriate public officers. The
14       contents of the records manuals and subsequent revisions shall be ap-
15       proved by the state records board.
16             (f) Assist in preparing and making available to the public compre-
17       hensive inventories containing general information about the nature,
18       scope, contents and location of government records of the agencies and
19       branches of state government and of local agencies in Kansas.
20             (g) Prepare or permit the preparation of copies of government re-
21       cords deposited in the state archives, as required by current statutes,
22       unless public access to the records is restricted as provided in K.S.A. 45-
23       407 and amendments thereto. When certified by the state archivist such
24       copies shall have all the force and effect as if made by the officer originally
25       in custody of them. Reasonable fees may be charged for preparation of
26       such copies. The state archivist shall not allow copies to be made by
27       methods which might damage the original records.
28             (h) Exercise such other duties and functions as the secretary of the
29       state historical society director of history and preservation may direct or
30       as may be provided by law.
31             Sec.  21. K.S.A. 1999 Supp. 45-412 is hereby amended to read as
32       follows: 45-412. (a) The state archivist shall prepare recommendations, to
33       be approved by the state records board, based on the current standards
34       of the federal government and the American national standards institute,
35       for the quality of film or optical disc, proper arrangement of materials,
36       suitable filming or other image reproduction techniques and equipment,
37       quality of photographic or optical disc images, film processing results, and
38       film or optical disc storage conditions which should be achieved or utilized
39       by state and local agencies in making microphotographic or optical disc
40       copies of government records with enduring value pursuant to K.S.A. 12-
41       122, 19-250 or 75-3506, and amendments thereto, and for information
42       recorded and stored using an image recognition and information storage
43       system. Whenever microphotographic or optical disc copies of records


18

  1       with enduring value fail to meet the standards recommended by the state
  2       archivist and approved by the state records board, the state archivist shall
  3       urge state and local agencies to retain the original records.
  4             (b) Whenever photographs, microphotographs or other reproduc-
  5       tions on film or optical disc have been prepared pursuant to K.S.A. 75-
  6       3506, and amendments thereto, and have been placed in conveniently
  7       accessible files and provisions made for preserving, examining and using
  8       the same, and when a negative copy of the film or a master copy of the
  9       optical disc has been deposited in a secure place where it will not be
10       subject to use except in making additional positive copies, any state
11       agency, with the approval of the state records board or as authorized by
12       the retention and disposition schedules, may cause the original records
13       from which the photographs, microphotographs or other reproductions
14       on film or optical disc have been made, or any part thereof, to be de-
15       stroyed. Such records shall not be destroyed and shall be retained by the
16       agency or transferred to the state archives or temporarily to another suit-
17       able place designated by the board, if the board judges such materials to
18       have enduring value in their original form.
19             (c) Except as provided by subsection (b) of K.S.A. 12-120, and
20       amendments thereto, whenever photographs, microphotographs or other
21       reproductions on film have been prepared as provided in K.S.A. 12-122
22       or 19-250, and amendments thereto, and have been placed in conven-
23       iently accessible files and provisions made for preserving, examining and
24       using the same, and when a negative copy of the film has been deposited
25       in a secure place where it will not be subject to use except in making
26       additional positive copies, a local agency may retain the original records
27       in its custody at any suitable location, may deposit them in collections
28       established pursuant to K.S.A. 12-1658 and 12-1660, and amendments
29       thereto, or K.S.A. 19-2648 and 19-2649, and amendments thereto, or may
30       dispose of the original records as provided in the retention and disposition
31       schedules. If there are no relevant provisions in the retention and dis-
32       position schedules, the original records shall be offered to the state his-
33       torical society Kansas department of history and preservation prior to
34       other disposition of them.
35             (d) The state historical society Kansas department of history and
36       preservation may prepare and deposit in the state archives a microfilm
37       or other copy of any noncurrent government record which is retained by
38       a state or local agency, unless public access to the record is restricted by
39       statute or by administrative regulation authorized by statute.
40             Sec.  22. K.S.A. 58-2009 is hereby amended to read as follows: 58-
41       2009. (a) The secretary of the state historical society director of history
42       and preservation shall: (1) Adopt rules and regulations fixing fees for the
43       filing of documents under K.S.A. 58-2011, and amendments thereto, and


19

  1       the providing of information and services therefrom in an amount nec-
  2       essary to pay the cost of administering the provisions of this act; and
  3             (2) adopt such other rules and regulations as necessary to implement
  4       the provisions of this act.
  5             (b) The rules and regulations of the secretary of state relating to land
  6       surveys, land survey reference reports and filing fees for such reference
  7       reports in existence on the effective date of this act shall continue to be
  8       effective and shall be deemed to be the rules and regulations of the sec-
  9       retary of the state historical society director of history and preservation
10       until revised, amended, repealed or nullified pursuant to law.
11             Sec.  23. K.S.A. 58-2010 is hereby amended to read as follows: 58-
12       2010. Any city, county or state department, board or agency having in-
13       formation or records which will enable the secretary of the state historical
14       society director of history and preservation to carry out the provisions of
15       this act shall furnish, upon request, such information to the secretary of
16       the state historical society director of history and preservation. The cost
17       of providing such information shall be paid by the secretary of the state
18       historical society director of history and preservation.
19             Sec.  24. K.S.A. 1999 Supp. 58-2011 is hereby amended to read as
20       follows: 58-2011. (a) Whenever a survey originates from a United States
21       public land survey corner or any related accessory, the land surveyor shall
22       file a copy of the report of the completed survey and references to the
23       corner or accessory with the secretary of the state historical society di-
24       rector of history and preservation and with the county surveyor for the
25       county or counties in which the survey corner exists. If there is no county
26       surveyor of such county, such report shall be filed with the county engi-
27       neer. If there is no county engineer, such report shall be filed in the office
28       of the county road department. Reports filed with the secretary of the
29       state historical society director of history and preservation may be filed
30       and retrieved using electronic technologies if authorized by the secretary
31       director. Such report shall be filed within 30 days of the date the refer-
32       ences are made. At the time of filing such report with the secretary of
33       the state historical society director of history and preservation, the land
34       surveyor shall pay a filing fee in an amount fixed by rules and regulations
35       of the secretary of the state historical society director of history and pres-
36       ervation. Fees charged for filing and retrieval of such reports may be
37       billed and paid periodically.
38             (b) Any person engaged in an activity in which a United States public
39       land survey corner or any related accessory is likely to be altered, re-
40       moved, damaged or destroyed shall have a person qualified to practice
41       land surveying establish such reference points as necessary for the res-
42       toration, reestablishment or replacement of the corner or accessory. The
43       land surveyor shall file a reference report with the secretary of the state


20

  1       historical society director of history and preservation and with the county
  2       surveyor for the county or counties in which the survey corner exists.
  3       Such report shall be filed within 30 days of the date the references are
  4       made. At the time of filing such report with the secretary of the state
  5       historical society director of history and preservation, the land surveyor
  6       shall pay a filing fee in an amount fixed by rules and regulations of the
  7       secretary of the state historical society director of history and
  8       preservation.
  9             (c) Upon completion of the activity likely to alter, remove, damage
10       or destroy the public land survey corner or related accessory, the land
11       surveyor shall review the survey corner and its accessories. If the survey
12       corner or any accessory has been altered, removed, damaged or de-
13       stroyed, the land surveyor shall replace the corner or accessory with a
14       survey monument and file a restoration report with the secretary of the
15       state historical society director of history and preservation and the county
16       surveyor in the county or counties in which it existed. If the survey corner
17       and accessories are not damaged during the activity, a restoration report
18       so stating shall be filed with the secretary of the state historical society
19       director of history and preservation and county surveyor's office. Such
20       report shall be filed within 30 days after the activity is completed. At the
21       time of filing such report with the office of the secretary of the state
22       historical society director of history and preservation the land surveyor
23       shall pay a filing fee in an amount fixed by rules and regulations of the
24       secretary of the state historical society director of history and
25       preservation.
26             (d) Failure to comply with the filing requirements of this section shall
27       be grounds for the suspension or revocation of the land surveyor's license.
28             (e) The secretary of the state historical society director of history and
29       preservation may produce, reproduce and sell maps, plats, reports, stud-
30       ies and records relating to land surveys. The secretary of the state histor-
31       ical society director of history and preservation shall charge a fee in an
32       amount to be fixed by rules and regulations of the secretary director for
33       the furnishing of information retrieved from records filed pursuant to this
34       section and for reproductions or copies of maps, plats, reports, studies
35       and records filed in such office.
36             (f) All moneys collected by the secretary of the state historical society
37       under the provisions of this section shall be paid to the state treasurer on
38       or before the last day of each month. Upon receipt thereof the state
39       treasurer shall deposit the entire amount in the state treasury. Twenty
40       percent of each such deposit shall be credited to the state general fund
41       and the balance shall be credited to the land survey fee fund, which is
42       hereby created. All expenditures from such fund shall be made in ac-
43       cordance with appropriation acts upon warrants approved by the secretary


21

  1       of the state historical society or a person designated by the secretary of
  2       the state historical society director of history and preservation or the
  3       director's designee and shall be used only for the purpose of paying the
  4       costs incurred in administering the provisions of this act. After the effec-
  5       tive date of this act, any reference to the secretary of state in regard to
  6       appropriations to the land survey fee fund shall be deemed to refer to
  7       the secretary of the state historical society.
  8             (g) The failure of any person to have a land surveyor establish ref-
  9       erence points as required by subsection (b) shall be a class C
10       misdemeanor.
11             Sec.  25. K.S.A. 58-4012 is hereby amended to read as follows: 58-
12       4012. (a) The state historical society and its institutions and libraries Kan-
13       sas department of history and preservation may acquire, at its option,
14       acquire title to property pursuant to the provisions of this act or pursuant
15       to the provisions of K.S.A. 33-104 and amendments thereto for the de-
16       partment and for the institutions and libraries of the department.
17             (b) Museums, other than the state historical society Kansas depart-
18       ment of history and preservation and its institutions and libraries, may
19       acquire title to loaned property only as provided by this act.
20             Sec.  26. K.S.A. 64-106 is hereby amended to read as follows: 64-106.
21       Whenever the official records of any county in this state are lost, stolen,
22       or destroyed, it shall be lawful for any board of county commissioners of
23       such county to order the secretary of the state historical society director
24       of history and preservation to transcribe from the newspapers, records,
25       documents and other files of the state historical society Kansas depart-
26       ment of history and preservation any publication notice authorized or
27       which may have been authorized to be published and which was pub-
28       lished in any newspaper or any other publication in the state which may
29       be on file in at the office of the state historical society Kansas department
30       of history and preservation. Such transcript shall be made and certified
31       by the secretary of the state historical society director of history and
32       preservation, under the seal of such society the department, and shall be
33       admissible in evidence in or before any court, board, or other body in the
34       state of Kansas, to the same extent and with like effect as the original
35       would or might be if offered in evidence.
36             Sec.  27. K.S.A. 1999 Supp. 73-209 is hereby amended to read as
37       follows: 73-209. (a) On submission to the adjutant general of an original
38       discharge or other official record of military service of any soldier, sailor
39       or marine of the United States, or of a copy of such discharge or official
40       record of military service certified to by a city, county or state official as
41       being a true copy of original document, the adjutant general shall place
42       such record on file in the adjutant general's office. If original documents
43       are submitted, the adjutant general shall cause true copies of such original


22

  1       documents to be made and shall file the copies in the adjutant general's
  2       office and the originals shall be returned to the person who submitted
  3       them.
  4             (b) Upon request of a soldier, sailor or marine whose records of mil-
  5       itary service have been filed in the adjutant general's office, the adjutant
  6       general shall cause to be furnished a certificate of military service in ac-
  7       cordance with such records. The adjutant general shall not charge any
  8       fee for the certificate if the certificate is requested by a person who ex-
  9       hibits correspondence from the United States veterans administration or
10       the Kansas commission on veterans' affairs which indicates that the per-
11       son is applying for benefits from the United States veterans administration
12       and that such person needs the certificate to obtain such benefits.
13             (c) The adjutant general shall transfer to the state archives of the
14       Kansas state historical society department of history and preservation for
15       permanent retention any records of military service on file in the adjutant
16       general's office, in accordance with the records retention and disposition
17       schedule for such records approved by the state records board.
18             Sec.  28. K.S.A. 74-5402 is hereby amended to read as follows: 74-
19       5402. There is hereby established a Kansas antiquities commission, to be
20       composed of the following persons or their designated representatives:
21       The secretary of the state historical society director of history and pres-
22       ervation, who shall be the chairman thereof chairperson of the commis-
23       sion; the heads of the departments of anthropology of the university of
24       Kansas, Kansas state university and Wichita state university; and the state
25       archeologist on the staff of the state historical society Kansas department
26       of history and preservation, who shall be the secretary of the commission.
27       Members of the Kansas antiquities commission attending meetings of
28       such commission, or attending a subcommittee meeting thereof author-
29       ized by such commission, shall be paid subsistence allowances, mileage
30       and other expenses as provided in K.S.A. 75-3223.
31             Sec.  29. K.S.A. 74-5406 is hereby amended to read as follows: 74-
32       5406. Artifacts and other materials recovered from such scientific inves-
33       tigations, if and when they are not needed or are no longer desired for
34       retention by the original investigating agency, shall be submitted to the
35       state historical society Kansas department of history and preservation for
36       preservation if the society director of history and preservation so desires.
37             Sec.  30. K.S.A. 74-5408 is hereby amended to read as follows: 74-
38       5408. Any person, institution or corporation violating any provision of this
39       act shall be guilty of a misdemeanor and upon conviction shall be pun-
40       ished by a fine not exceeding five hundred dollars ($500) $500 or im-
41       prisonment not to exceed six (6) months, or both. All material collected
42       from the site by a convicted offender shall be delivered to the Kansas
43       state historical society department of history and preservation.


23

  1             Sec.  31. K.S.A. 74-6614 is hereby amended to read as follows: 74-
  2       6614. There is hereby created the natural and scientific areas advisory
  3       board. The advisory board shall be attached to the state biological survey
  4       and shall be within the survey as a part thereof. All budgeting, purchasing
  5       and related management functions of the advisory board shall be admin-
  6       istered under the direction and supervision of the state biological survey.
  7       All vouchers for expenditures and all payrolls of the advisory board shall
  8       be approved by the state biological survey. The board shall consist of 11
  9       members designated by the following: The state biologist; the secretary
10       of wildlife and parks; the state forester; the state geologist; the director
11       of the state historical society history and preservation; the director of the
12       state water office; the chairperson of the nongame wildlife advisory coun-
13       cil; the secretary of health and environment; a member of the house of
14       representatives appointed by the speaker of the house; a member of the
15       senate appointed by the president of the senate; a representative of the
16       governor.
17             Whenever a vacancy on the board shall occur by death, resignation or
18       otherwise of any member so appointed, the responsible appointor shall
19       fill the same by appointment.
20             Sec.  32. K.S.A. 1999 Supp. 74-9001 is hereby amended to read as
21       follows: 74-9001. (a) There is hereby established the council on travel and
22       tourism. The council shall consist of 17 voting members as follows: (1)
23       The chairperson of the standing committee on transportation and tourism
24       of the senate, or a member of the senate appointed by the president of
25       the senate; (2) the vice-chairperson of the standing committee on trans-
26       portation and tourism of the senate, or a member of the senate appointed
27       by the president of the senate; (3) the ranking minority member of the
28       standing committee on transportation and tourism of the senate, or a
29       member of the senate appointed by the minority leader of the senate; (4)
30       the chairperson of the standing committee on tourism of the house of
31       representatives, or a member of the house of representatives appointed
32       by the speaker of the house of representatives; (5) the vice-chairperson
33       of the standing committee on tourism of the house of representatives, or
34       a member of the house of representatives appointed by the speaker of
35       the house of representatives; (6) the ranking minority member of the
36       standing committee on tourism, or a member of the house of represen-
37       tatives appointed by the minority leader of the house of representatives;
38       and (7) eleven members appointed by the governor. Of the 11 members
39       appointed by the governor, one shall be appointed from a list of three
40       nominations made by the travel industry association of Kansas, one shall
41       be appointed from a list of three nominations made by the Kansas lodging
42       association, one shall be appointed from a list of three nominations made
43       by the Kansas restaurant association, one shall be appointed from a list


24

  1       of three nominations made by the Kansas oil marketers and convenience
  2       store association and seven shall be appointed to represent the general
  3       public. In addition to the voting members of the council, four members
  4       of the council shall serve ex officio: The secretary of commerce, the sec-
  5       retary of transportation, the secretary of wildlife and parks and the sec-
  6       retary of the state historical society director of history and preservation.
  7       Each ex officio member of the council may designate an officer or em-
  8       ployee of the state agency of the ex officio member to serve on the council
  9       in place of the ex officio member. The ex officio members of the council,
10       or their designees, shall be nonvoting members of the council and shall
11       provide information and advice to the council.
12             (b) Legislator members shall be appointed for terms coinciding with
13       the terms for which such members are elected, except that on July 1,
14       1997, the four legislator members serving on the commission immediately
15       prior to such date shall cease to be members of the council and the
16       legislator members specified in paragraphs (1) and (2) of subsection (a)
17       shall serve on the council. Of the 11 members first appointed by the
18       governor, six shall be appointed for terms of three years and five shall be
19       appointed for terms of two years as determined by the governor. There-
20       after, all members appointed by the governor shall be appointed for terms
21       of three years. All members appointed to fill vacancies in the membership
22       of the council and all members appointed to succeed members appointed
23       to membership on the council shall be appointed in like manner as that
24       provided for the original appointment of the member succeeded.
25             (c) As soon as possible after the effective date of this act and on July
26       1, thereafter, the council shall elect a chairperson and vice-chairperson
27       from among its members. The council shall meet at least four times each
28       year at the call of the chairperson of the council. Nine voting members
29       of the council shall constitute a quorum.
30             (d) Members of the council attending meetings of such council, or
31       attending a subcommittee meeting thereof authorized by such council,
32       shall be paid amounts for mileage as provided in subsection (c) of K.S.A.
33       75-3223 and amendments thereto, or a lesser amount as determined by
34       the secretary of commerce. Amounts paid under this subsection (d) to ex
35       officio members of the council, or their designees, shall be from appro-
36       priations to the state agencies of which such members are officers or
37       employees upon warrants of the director of accounts and reports issued
38       pursuant to vouchers approved by the chief administrative officers of such
39       agencies. Amounts paid under this subsection (d) to voting members of
40       the council shall be from moneys available for the payment of such
41       amounts upon warrants of the director of accounts and reports issued
42       pursuant to vouchers approved by the chairperson of the council.
43             Sec.  33. K.S.A. 1999 Supp. 74-9201 is hereby amended to read as


25

  1       follows: 74-9201. (a) There is hereby established the Kansas film services
  2       commission. The commission shall consist of 19 voting members as fol-
  3       lows: (1) One member of the senate appointed by the president of the
  4       senate; (2) one member of the senate appointed by the minority leader
  5       of the senate; (3) one member of the house of representatives appointed
  6       by the speaker of the house of representatives; (4) one member of the
  7       house of representatives appointed by the minority leader of the house
  8       of representatives; and (5) fifteen members appointed by the governor.
  9       One of the members appointed by the governor shall be appointed from
10       each tourism region recognized and designated as a tourism region by
11       the secretary of commerce and housing. All members appointed by the
12       governor shall be appointed for terms of three years, except that of the
13       members first appointed, five shall be appointed for one-year terms, five
14       shall be appointed for two-year terms and five shall be appointed for
15       three-year terms. The governor shall designate the term for which each
16       of the members first appointed shall serve. In addition to the voting mem-
17       bers of the commission, six members of the commission shall serve ex
18       officio: The secretary of commerce and housing, the secretary of trans-
19       portation, the secretary of wildlife and parks, the secretary of health and
20       environment, the executive director of the Kansas arts commission and
21       the secretary of the state historical society director of history and pres-
22       ervation. Each ex officio member of the commission may designate an
23       officer or employee of the state agency of the ex officio member to serve
24       on the commission in place of the ex officio member. The ex officio
25       members of the commission, or their designees, shall be nonvoting mem-
26       bers of the commission and shall provide information and advice to the
27       commission. In addition to the voting and ex officio members of the com-
28       mission, the governor may appoint such number of representatives of the
29       film industry to nonvoting membership on the commission as may be
30       recommended by the secretary of commerce and housing.
31             (b) Legislative members shall be appointed for terms coinciding with
32       the terms for which such members are elected. All legislative members
33       and members appointed by the governor shall serve without compensa-
34       tion. All members appointed to fill vacancies in the membership of the
35       commission and all members appointed to succeed members appointed
36       to membership on the commission shall be appointed in like manner as
37       that provided for the original appointment of the member succeeded. All
38       members appointed to fill vacancies of a member of the commission ap-
39       pointed by the governor shall be appointed to fill the unexpired term of
40       such member.
41             (c) The members of the commission shall elect annually a chairperson
42       and vice-chairperson for the commission from among its members. The
43       commission shall meet at least four times each year at the call of the


26

  1       chairperson of the commission. Ten voting members of the commission
  2       shall constitute a quorum.
  3             Sec.  34. K.S.A. 75-104 is hereby amended to read as follows: 75-104.
  4       (a) The governor shall keep and maintain a full and complete record of
  5       the following applications or petitions made to the governor:
  6             (1) Applications or petitions for executive pardon, commutation of
  7       sentence or clemency;
  8             (2) applications or petitions for the appointment of a named individ-
  9       ual to public office when a vacancy occurs and when the governor is
10       restricted to the appointment of nominees so submitted;
11             (3) applications or petitions for the appointment of a person from a
12       list of persons submitted by an association, agency or committee where
13       the governor is limited to make an appointment only from that list;
14             (4) applications for the approval of grants where the governor's ap-
15       proval is a condition precedent to the making of such grants either by a
16       state agency or by the federal government;
17             (5) applications or petitions for declarations of emergency;
18             (6) petitions for the calling of a special session of the legislature pur-
19       suant to section 5 of article 1 of the constitution of the state of Kansas;
20       and
21             (7) applications or petitions directed to the governor and requesting
22       that the governor take action in accordance with subsection (c) of K.S.A.
23       75-3711 and amendments thereto and exercise a function otherwise spec-
24       ified by statute for the state finance council.
25             (b) The record required to be kept under subsection (a) and all re-
26       cords of the financial affairs and transactions regarding the receipt and
27       expenditure of state moneys shall remain on file in the office of each
28       governor during the governor's term of office and for a period of three
29       years following the expiration of such term.
30             (c) Following the three-year period prescribed in subsection (b), all
31       records kept and maintained pursuant to subsection (a) shall be trans-
32       ferred to the custody of the state historical society Kansas department of
33       history and preservation and the records of the financial affairs and trans-
34       actions kept and maintained pursuant to subsection (b) shall be kept in
35       the office of the governor, subject to disposal as may be authorized by
36       the state records board.
37             (d) Records, correspondence and other papers of the governor which
38       are not required to be kept and maintained under subsections (a) or (b)
39       shall not be subject to review or audit by the legislative post auditor under
40       the legislative post audit act.
41             (e) Upon completion of the term of office as governor, all records,
42       correspondence and other papers of the former governor not required to
43       be kept and maintained under subsections (a) or (b) which relate to the


27

  1       former governor's public duties while governor shall be transferred to the
  2       custody of the state historical society Kansas department of history and
  3       preservation. During the lifetime of the former governor, no person shall
  4       have access to any such records, correspondence or other papers which
  5       are not required to be disclosed under K.S.A. 45-221 and amendments
  6       thereto, except upon consent of the former governor, and the former
  7       governor shall be considered the official custodian of such records, cor-
  8       respondence and other papers which are not required to be disclosed.
  9             (f) Upon the death of a governor while in office, all records, corre-
10       spondence and other papers of such deceased governor not required to
11       be kept and maintained under subsections (a) or (b) which relate to such
12       governor's duties while governor shall be transferred to the custody of
13       the state historical society Kansas department of history and preservation.
14             (g) A person elected or succeeding to the office of governor shall be
15       governed by the provisions of this section as it existed at the time such
16       person was elected or succeeded to such office.
17             Sec.  35. K.S.A. 75-1023 is hereby amended to read as follows: 75-
18       1023. Whenever the division of printing prints any of the publications of
19       the state and of its societies and institutions, there shall be printed extra
20       copies as necessary to deliver such number of copies to the state historical
21       society Kansas department of history and preservation as the secretary of
22       the society director of history and preservation requests but not exceed-
23       ing 10 copies, and 35 copies to the state library, to be used by the state
24       historical society Kansas department of history and preservation and the
25       state library in making exchanges with other states, libraries, societies and
26       institutions for similar publications, and two copies to each of the follow-
27       ing named libraries:
28             The library of the university of Kansas, the library of Kansas state uni-
29       versity of agriculture and applied science, the library of Wichita state
30       university, the libraries of Fort Hays state university, Pittsburg state uni-
31       versity and Emporia state university. In case any publication is issued in
32       both bound and unbound form, bound copies shall be supplied. This
33       section shall not apply to the reports of the supreme court of the state of
34       Kansas, or to the statutes or session laws.
35             The director of printing shall notify the secretary of the state historical
36       society director of history and preservation of the printings of all
37       publications so that the secretary may request copies of such publications.
38             Sec.  36. K.S.A. 75-2250 is hereby amended to read as follows: 75-
39       2250. (a) There shall be placed on the grounds of the state capitol a
40       memorial to law enforcement officers who have lost their lives in the line
41       of duty in the service of the state. Such memorial shall be located north-
42       east of the state capitol at a site to be selected by the director of archi-
43       tectural services. Such memorial shall be constructed in accordance with


28

  1       the design and architectural drawings approved by the director of archi-
  2       tectural services. The memorial shall be of such a design that the names
  3       of the officers to be honored, both past and future, may be inscribed
  4       thereon. The director of architectural services shall annually cause the
  5       name or names of any law enforcement officer or officers who have lost
  6       their lives in the line of duty in the service of the state to be inscribed
  7       upon the memorial.
  8             (b) It shall be the duty of the director of the Kansas bureau of inves-
  9       tigation on or before the 15th day of March of each year to notify the
10       secretary of the state historical society director of history and preservation
11       of the name or names of any officers who lost their lives in the line of
12       duty during the preceding calendar year. The secretary director of history
13       and preservation shall assemble the necessary information regarding any
14       such officer or officers and report the same to the director of architectural
15       services.
16             (c) The secretary of the state historical society director of history and
17       preservation is hereby authorized to receive any grants, gifts, contribu-
18       tions or bequests made for the purpose of financing the construction of
19       such memorial or for its upkeep and the addition of names thereto and
20       to expend the same for the purpose for which received.
21             (d) There is hereby established in the state treasury the law enforce-
22       ment memorial fund. Expenditures from the fund may be made for the
23       purposes of constructing, updating and repairing such memorial, for other
24       purposes related to memorializing and honoring law enforcement officers
25       of Kansas and for such purposes as may be specified with regard to any
26       grant, gift, contribution or bequest. All such expenditures shall be au-
27       thorized by the law enforcement officers memorial advisory committee
28       and made upon warrants of the director of accounts and reports issued
29       pursuant to vouchers approved by the secretary of the state historical
30       society director of history and preservation, or the secretary's director's
31       designee.
32             (e) On or before the 10th of each month, the director of accounts
33       and reports shall transfer from the state general fund to the law enforce-
34       ment memorial fund interest earnings based on:
35             (1) The average daily balance of moneys in the law enforcement me-
36       morial fund for the preceding month; and
37             (2) the net earnings rate for the pooled money investment portfolio
38       for the preceding month.
39             Sec.  37. K.S.A. 75-2251 is hereby amended to read as follows: 75-
40       2251. (a) There is hereby established the law enforcement officers me-
41       morial advisory committee which shall be composed of 10 members as
42       follows:
43             (1) A representative of the Kansas peace officers association, ap-


29

  1       pointed by the governor;
  2             (2) a representative of the Kansas chiefs of police, appointed by the
  3       governor;
  4             (3) a representative of the Kansas fraternal order of police, appointed
  5       by the governor;
  6             (4) a representative of the Kansas state troopers association, ap-
  7       pointed by the governor;
  8             (5) a representative of the Kansas sheriffs' association, appointed by
  9       the governor;
10             (6) the director of the Kansas bureau of investigation, or the director's
11       designee;
12             (7) the superintendent of the Kansas highway patrol, or the super-
13       intendent's designee;
14             (8) the attorney general, or the attorney general's designee;
15             (9) the secretary of the state historical society director of history and
16       preservation, or the secretary's director's designee; and
17             (10) the secretary of corrections, or the secretary's designee.
18             (b) With regard to a member to be appointed by the governor as
19       representative of the Kansas peace officers association, the Kansas chiefs
20       of police, the Kansas fraternal order of police, the Kansas state troopers
21       association or the Kansas sheriffs' association, the association or group to
22       be represented may submit a list of at least three names for consideration
23       by the governor in making the appointment. The governor shall consider
24       each such list if timely submitted and may appoint from among those
25       listed.
26             (c) The law enforcement officers memorial advisory committee shall
27       be advisory to the director of architectural services and the secretary of
28       the state historical society director of history and preservation with regard
29       to matters concerning the memorial to law enforcement officers on the
30       state capitol grounds. The advisory committee may also make recom-
31       mendations to the governor and the legislature regarding appropriate ac-
32       tivities memorializing or commemorating the services of law enforcement
33       officers in Kansas. The advisory committee may solicit grants, gifts, con-
34       tributions and bequests for the memorial and shall remit all moneys so
35       received for deposit in the state treasury to the credit of the law enforce-
36       ment memorial fund in accordance with K.S.A. 75-2250 and amendments
37       thereto.
38             (d) The members of the advisory committee shall organize annually
39       by electing a chairperson and vice-chairperson. The advisory committee
40       shall meet at least once each year upon call of the chairperson. The sec-
41       retary of the state historical society director of history and preservation,
42       or the secretary's director's designee, shall serve as secretary for the ad-
43       visory committee. Members of the advisory committee appointed by the


30

  1       governor under this section shall serve at the pleasure of the governor.
  2             Sec.  38. K.S.A. 75-2266 is hereby amended to read as follows: 75-
  3       2266. (a) There is hereby established the statehouse art and history com-
  4       mittee. The committee shall consist of three members, as follows:
  5             (1) The secretary of administration or the secretary's designee;
  6             (2) the director of legislative administrative services; and
  7             (3) the executive director of the state historical society history and
  8       preservation.
  9             (b) The secretary of administration or the secretary's designee shall
10       serve as chairperson of the committee. The committee shall meet on call
11       of the chairperson or at the request of a majority of the members of the
12       committee.
13             (c) The committee shall:
14             (1) Develop a long-range plan for displays in the capitol to represent
15       the art, history and culture of all Kansas citizens;
16             (2) adopt procedures and criteria for evaluating and approving art
17       work for display in the capitol, based on the excellence and aesthetics of
18       the work and its representation of the multicultural art and history of the
19       state;
20             (3) adopt procedures and criteria for evaluating and approving re-
21       moval of art work displayed in the capitol, based on the criteria specified
22       in subsection (c)(2), and disposition and preservation of such art work;
23             (4) adopt procedures and criteria for evaluating and approving special
24       events and displays to be held in the capitol, based on the quality of the
25       event or display and its relevance to the history and culture of Kansas
26       citizens; and
27             (5) adopt and implement procedures and criteria for the display,
28       maintenance and preservation of art works in the capitol.
29             (d) Requests for display of art works in the capitol shall be submitted
30       to the secretary of administration or the secretary's designee. The sec-
31       retary of administration or the secretary's designee, the director of leg-
32       islative administrative services and the executive director of the state his-
33       torical society history and preservation shall evaluate and approve or
34       disapprove those requests in accordance with the procedures and criteria
35       adopted by the committee.
36             (e) Requests for displays or special events in the capitol shall be sub-
37       mitted to the following for approval or disapproval in accordance with the
38       procedures and criteria adopted by the committee:
39             (1) The director of legislative administrative services, for displays or
40       special events to be held in areas assigned to the legislature or to a leg-
41       islative staff office, department or agency; and
42             (2) the secretary of administration or the secretary's designee, for
43       displays or special events to be held in other areas.


31

  1             Sec.  39. K.S.A. 75-2566 is hereby amended to read as follows: 75-
  2       2566. (a) The state librarian is hereby authorized and directed to establish,
  3       operate and maintain a publication collection and depository system as
  4       provided in this act.
  5             (b) Each state agency shall deposit with the Kansas state library cop-
  6       ies of any publication issued by such state agency in such quantity as shall
  7       be specified by the state librarian.
  8             (c) The state librarian shall forward two (2) copies of all such
  9       publications to the library of congress, one copy to the state historical
10       society Kansas department of history and preservation, one copy to the
11       center for research libraries and one copy shall be retained permanently
12       in the Kansas state library. Additional copies, as may be prescribed by
13       rule and regulation, may be required for the depository system.
14             Sec.  40. K.S.A. 75-2701 is hereby amended to read as follows: 75-
15       2701. (a) The state historical society, heretofore organized under the in-
16       corporation laws of the state, Kansas department of history and preser-
17       vation shall be the trustee of the state. As such, the society shall faithfully
18       expend and apply all money received from the state to the uses and pur-
19       poses directed by law, The Kansas department of history and preservation
20       shall hold all the society's present and future collections of property for
21       the state and shall not sell, mortgage, transfer or dispose of in any manner
22       or remove from the society's building or buildings occupied for historical
23       interests of the state, except for temporary purposes, any article of prop-
24       erty without authority of law. This shall not prevent the sale, exchange,
25       donation or other disposition by the society of its publications, duplicate
26       property in its collection holdings, property outside its the scope of col-
27       lection, hazardous property or property with insufficient research, edu-
28       cational or exhibit value, but:
29             (1) No such property shall be disposed of except by sale or exchange
30       until the society adopts rules and regulations establishing procedures for
31       disposition have been adopted;
32             (2) no rules and regulations establishing procedures for disposition
33       of such property shall be adopted until the society director of history and
34       preservation first advises and consults with the joint committee on ad-
35       ministrative rules and regulations regarding the proposed rules and
36       regulations;
37             (3) such rules and regulations shall provide, with respect to property
38       which was donated by an individual, procedures reasonably calculated to
39       notify and offer such property to such individual or such individual's im-
40       mediate family prior to disposal, if the property is disposed of within 20
41       years after the donation; and
42             (4) such rules and regulations shall provide, with respect to property
43       with research, educational or exhibit value, procedures for notifying local


32

  1       institutions that such property is being disposed of.
  2             (b) There shall continue to be a board of directors of the state his-
  3       torical society to consist of as many members as the society determines.
  4             (c) The society Kansas department of history and preservation may
  5       acquire property, real or personal, by gift, bequest or otherwise, in any
  6       amount, and upon such conditions as the society's executive committee
  7       director of history and preservation deems best for the interests of the
  8       society state. Any such property so acquired and any state-owned historic
  9       site, structure or other property which has been placed by law under the
10       jurisdiction and supervision of the society Kansas department of history
11       and preservation shall be administered by the society department in the
12       public interest, and the society director of history and preservation shall
13       provide for the preservation of such property and shall adopt rules and
14       regulations for the department as necessary for the proper use and en-
15       joyment of such property. For this purpose the society director of history
16       and preservation may fix, charge and collect fees for admittance to any
17       state-owned historic site, structure or property which has been placed
18       under the jurisdiction and supervision of the society Kansas department
19       of history and preservation and is further authorized to provide exemp-
20       tions from such fees or to fix reduced fees for one or more categories of
21       persons.
22             (d) The society shall remit (c) All moneys received by the society
23       under the provisions of subsection (c) (b) shall be remitted to the state
24       treasurer at least monthly. Upon receipt of any such remittance the state
25       treasurer shall deposit the entire amount thereof in the state treasury and
26       the same shall be credited to the historic properties fee fund which is
27       hereby created. All expenditures from such fund shall be made in ac-
28       cordance with appropriation acts upon warrants of the director of ac-
29       counts and reports issued pursuant to vouchers approved by the secretary
30       of the state historical society director of history and preservation or a
31       person designated by the secretary director.
32             Sec.  41. K.S.A. 75-2702 is hereby amended to read as follows: 75-
33       2702. It shall be the duty of the society to (a) The Kansas department of
34       history and preservation shall:
35             (1) Collect by gift, exchange or purchase books, maps, newspapers,
36       pamphlets, periodicals, photographs, artifacts, relics, paintings, manu-
37       scripts and other papers and material illustrative of the history of Kansas
38       in particular, and the west generally; to
39             (2) catalog the collections of the society department for the more
40       convenient reference of all persons who may have occasion to consult the
41       same; to
42             (3) keep its such collections arranged in suitable and convenient
43       rooms, the rooms of the society to be and keep such rooms open at all


33

  1       reasonable hours on business days and on Saturday mornings and during
  2       such other hours as may be prescribed by the secretary of administration
  3       for the reception of the citizens of this state who may wish to visit the
  4       same; to such collections;
  5             (4) maintain museums in its buildings and in such other places as may
  6       be authorized; to
  7             (5) inculcate through publications, museum extension services and
  8       other media a wider and fuller knowledge and appreciation of the history
  9       of Kansas and its significance, and specifically to publish a historical jour-
10       nal and such other historical materials as may be possible within the lim-
11       itations of proceeds received therefor from membership income appro-
12       priations and, because it is in the best interest of the state of Kansas and
13       its historical heritage to loan, in its the discretion of the director of history
14       and preservation, for such periods and under such rules and regulations
15       and restrictions as it the director may adopt, to libraries, educational in-
16       stitutions and other organizations such books, pamphlets, museum ob-
17       jects, or other materials that if lost or destroyed could easily and without
18       much expense be replaced; to
19             (6) take an active interest in the preservation and use of noncurrent
20       public records of historical importance of counties, cities, villages, towns,
21       school districts and other local governmental units; to and
22             (7) cause to be bound, as necessary for their preservation, the un-
23       bound books, pamphlets, clippings and newspaper files in its the depart-
24       ment's possession.
25             (b) No expenditure shall be made under this act or expense incurred
26       except in pursuance of specific accordance with appropriations therefor,
27       and no officer of the society shall pledge the credit of the state in excess
28       of such appropriation.
29             Sec.  42. K.S.A. 75-2703 is hereby amended to read as follows: 75-
30       2703. To enable the society Kansas department of history and preserva-
31       tion to augment its the state's collections, by effecting conducting ex-
32       changes with other societies and institutions, not to exceed 10 bound
33       copies each of the several publications of the state, and of its societies
34       and institutions, as requested by the secretary of the society director of
35       history and preservation, except the reports of the supreme court and
36       the statutes and session laws, which are not printed by the division of
37       printing shall be donated to the society department as issued and deliv-
38       ered to the society department by the officer having custody of the
39       publications. In addition the society department shall receive from the
40       officer having custody of the publications one set of supreme court reports
41       and six sets of the statutes and session laws.
42             Sec.  43. K.S.A. 75-2704 is hereby amended to read as follows: 75-
43       2704. The secretary of the state historical society director of history and


34

  1       preservation shall not permit any of the files, documents or records of
  2       the society state to be removed from the building or buildings where the
  3       society's office and rooms such files, documents or records are located.
  4       This section shall not prevent the removal of materials for temporary
  5       purposes or the sale, exchange, donation or other disposition of property
  6       as authorized in K.S.A. 75-2701 and 75-2702, and amendments thereto.
  7             Sec.  44. K.S.A. 75-2705 is hereby amended to read as follows: 75-
  8       2705. (a) A copy of any file, document or record in the custody of said
  9       society the Kansas department of history and preservation, duly certified
10       by the secretary of the state historical society or his or her director of
11       history and preservation or the director's authorized agent, may be re-
12       ceived in evidence with the same effect as the original. To partially re-
13       imburse the state for the cost of such copies or services the secretary
14       director of history and preservation shall prescribe the fees, if any, to be
15       paid for certified copies in amounts approved by the director of accounts
16       and reports under K.S.A. 45-204 and the fees, if any, for search of the
17       files or records when no certified copy is made.
18             (b) All moneys received under this section shall be remitted to the
19       state treasurer at least monthly. Upon receipt of each such remittance,
20       the state treasurer shall deposit the entire amount thereof in the state
21       treasury and the same shall be credited to the state general fund.
22             Sec.  45. K.S.A. 75-2713 is hereby amended to read as follows: 75-
23       2713. There is hereby created a microfilm division within the state his-
24       torical society Kansas department of history and preservation. It shall be
25       the duty of The division to shall reproduce on film such archives, news-
26       papers and other records as the secretary of the state historical society
27       may deem advisable director of history and preservation determines to
28       be in the best interests of the state. The person in immediate charge of
29       such work shall be known as the microfilm technician, who shall be ap-
30       pointed by said secretary the director and whose duty shall be to operate
31       and supervise the operation of microfilm equipment within said the
32       division.
33             Sec.  46. K.S.A. 75-2714 is hereby amended to read as follows: 75-
34       2714. (a) Each agency and political subdivision of this state shall cooperate
35       with the state historical society Kansas department of history and pres-
36       ervation in its administration of the property under the society's jurisdic-
37       tion and control of the Kansas department of history and preservation in
38       order to preserve the historic character and integrity thereof. The society
39       director of history and preservation may enter into agreements with any
40       such agency or subdivision, with any agency of the federal government
41       or with any private individual or entity concerning the construction or
42       proposed construction of any road, street, highway or structure which,
43       due to its proximity to property under the society's jurisdiction and de-


35

  1       partment's control, would compromise the historic character or integrity
  2       of such property.
  3             (b) No agency or political subdivision of the state and no other entity
  4       shall exercise the power of eminent domain with respect to any property
  5       under the society's jurisdiction and control of the Kansas department of
  6       history and preservation without the prior written approval of the society
  7       director of history and preservation. No such agency, subdivision or entity
  8       and no other person shall change or alter, or cause to be changed or
  9       altered, the physical features or historic character or integrity of such
10       property without the prior written approval of the society director of his-
11       tory and preservation. Within 20 days after receipt of notice of the so-
12       ciety's director's refusal to grant such approval, which notice shall be sent
13       by registered or restricted mail, any party aggrieved by the decision of
14       the society director may make written application to the secretary of state
15       for a hearing thereon. Such hearing shall be held by the secretary of state
16       within 30 days after receipt of the application therefor and shall be con-
17       ducted in accordance with the provisions of the Kansas administrative
18       procedure act, with the applicant and the society Kansas department of
19       history and preservation as parties thereto. Following the hearing, the
20       secretary of state shall enter an order affirming, reversing or modifying
21       the decision of the society director of history and preservation. The de-
22       cision of the secretary of state shall be final.
23             (c) The attorney general, on relation of the state historical society
24       director of history and preservation or the secretary of state, shall file an
25       action in the appropriate district court to enjoin any agency or political
26       subdivision of the state or any other person or entity from doing any act
27       in contravention of an order of the secretary of state or from doing any
28       act contemplated by subsection (b) of this section without the prior writ-
29       ten approval of the state historical society director of history and pres-
30       ervation, unless authority to do such act has been granted by the secretary
31       of state pursuant to that subsection.
32             Sec.  47. K.S.A. 75-2717 is hereby amended to read as follows: 75-
33       2717. (a) The state historical society Kansas department of history and
34       preservation is hereby designated as the state historic preservation
35       agency.
36             (b) The secretary of the state historical society shall act as director of
37       history and preservation shall appoint the state historic preservation of-
38       ficer for the conduct of who shall be in the classified service under the
39       Kansas civil service act and who shall be the responsible and have au-
40       thority for relations with representatives of the federal government and
41       other states with respect to matters of historic preservation.
42             (c) On and after July 1, 2000, whenever the state historical society,
43       or words of like effect, and whenever the secretary of the state historical


36

  1       society or the executive director of the state historical society, or words
  2       of like effect, are referred to or designated by a statute, contract or other
  3       document, and such reference or designation is to the powers, duties or
  4       functions of the state historic preservation officer as such office existed
  5       prior to July 1, 2000, such reference or designation shall be deemed to
  6       apply to the state historic preservation officer appointed pursuant to this
  7       section.
  8             (d) All policies, orders and directives of the secretary of the state his-
  9       torical society or the executive director of the state historical society that
10       are in existence on June 30, 2000, and are policies, orders and directives
11       of such secretary or executive director acting as the state historic pres-
12       ervation officer, shall continue to be effective and shall be deemed to be
13       policies, orders and directives of the state historic preservation officer
14       appointed pursuant to this section until revised, amended or nullified
15       pursuant to law.
16             Sec.  48. K.S.A. 75-2718 is hereby amended to read as follows: 75-
17       2718. The secretary of the state historical society is authorized to director
18       of history and preservation shall appoint such professional and other staff
19       members as may be necessary to carry out the duties assigned to the state
20       historic preservation agency by law and such other duties as may be nec-
21       essary to meet the requirements for participation in the federal historic
22       preservation program. All such professional and other staff positions shall
23       be in the classified service under the Kansas civil service act and shall
24       report to the state historic preservation officer.
25             Sec.  49. K.S.A. 75-2719a is hereby amended to read as follows: 75-
26       2719a. (a) There is hereby established the state historic sites board of
27       review which shall be composed of the following members: (1) The gov-
28       ernor or the governor's designee; (2) the state historic preservation officer
29       or such officer's designee; and (3) nine members appointed by the gov-
30       ernor, at least one of whom shall be professionally qualified in the field
31       of architecture, one professionally qualified in the field of history, one
32       professionally qualified in the field of prehistoric archeology, one profes-
33       sionally qualified in the field of historic archeology and one professionally
34       qualified in the field of architectural history. A majority of the members
35       of the board shall be professionally qualified in at least one of such fields.
36             (b) The term of office of each member of the board appointed by
37       the governor shall expire on June 30 of the third year following the year
38       of appointment, except that the term of office of the members appointed
39       to the first board on and after the effective date of this act shall be as
40       follows: Three members shall be appointed for terms which expire on
41       June 30 of the next succeeding year after the year of appointment, three
42       members shall be appointed for terms which expire on June 30 of the
43       second year following the year of appointment and three members shall


37

  1       be appointed for terms which expire on June 30 of the third year following
  2       the year of appointment. The governor shall designate the term of office
  3       for each member appointed by the governor to the first board. Upon the
  4       expiration of a term of office of a member of the board appointed by the
  5       governor, the governor shall appoint a qualified successor. Each member
  6       of the board appointed by the governor shall serve until a successor is
  7       appointed and qualified. Whenever a vacancy occurs among the mem-
  8       bership of the board appointed by the governor for any reason other than
  9       the expiration of a member's term of office, the governor shall appoint a
10       qualified successor to fill the unexpired term.
11             (c) Members of the state historic sites board of review attending
12       meetings of such board, or attending a subcommittee meeting thereof
13       authorized by such board, shall be paid amounts provided in subsection
14       (e) of K.S.A. 75-3223 and amendments thereto. Amounts paid under this
15       subsection (c) to ex officio members of the state historic sites board of
16       review shall be from appropriations to the state agencies of which such
17       members are employees upon warrants of the director of accounts and
18       reports issued pursuant to vouchers approved by the chief administrative
19       officers of such agencies. Amounts paid under this subsection (c) to mem-
20       bers of the board appointed by the governor shall be from appropriations
21       to the state historical society Kansas department of history and preser-
22       vation upon warrants of the director of accounts and reports issued pur-
23       suant to vouchers approved by the secretary of the state historical society
24       director of history and preservation or the director's designee.
25             (d) The state historic sites board of review established under K.S.A.
26       75-2719 is hereby abolished, and the state historic sites board of review
27       established under this section shall be the successor to all the powers and
28       duties thereof. Persons acting as members of the state historic sites board
29       of review under K.S.A. 75-2719 immediately prior to the effective date
30       of this act shall continue to act in that capacity until such time as the
31       governor has made appointments to fill all appointive positions on the
32       state historic sites board of review established by this section. In making
33       appointments under this section, the governor shall give special consid-
34       eration to appointment of persons acting as members of the state historic
35       sites board of review at the time this act becomes effective. is attached
36       to the Kansas department of history and preservation. All budgeting, pur-
37       chasing and related management functions shall be administered under
38       the direction of the director of history and preservation. All vouchers for
39       expenditures by the board shall be approved by the director of history
40       and preservation or the director's designee.
41             Sec.  50. K.S.A. 75-2721 is hereby amended to read as follows: 75-
42       2721. (a) Under the supervision and control of the director of history and
43       preservation, the state historical society historic preservation officer shall


38

  1       have the following historic preservation powers and duties:
  2             (1) Undertake a statewide survey to identify and document historic
  3       properties, including all those owned by the state, its instrumentalities
  4       and political subdivisions.
  5             (2) Prepare and maintain a state register of historic places, which shall
  6       include all those listed on the national register of historic places. The
  7       historical society state historic preservation officer shall adopt standards
  8       for the listing and maintenance of historic properties on the state register
  9       consistent with relevant federal standards for preservation and care of
10       historic properties.
11             (3) Prepare the state's preservation plan, review such plan annually
12       and make appropriate revisions.
13             (4) Within limits of available resources, acquire historic properties by
14       gift, purchase, devise or bequest; preserve, restore and administer such
15       properties; and transfer such properties when authorized by law.
16             (5) Establish standards and criteria for the acquisition of historic
17       properties and for the preservation, restoration, maintenance and oper-
18       ation of properties under the jurisdiction of the agency Kansas depart-
19       ment of history and preservation, and, when deemed proper, to charge
20       reasonable admission fees to such properties.
21             (6) Undertake the procedures necessary to qualify the state for par-
22       ticipation in sources of federal aid for historic preservation purposes.
23             (7) Provide information concerning historic properties within the
24       state to the agencies and instrumentalities of the federal, state and local
25       governments and, where appropriate, to private individuals and
26       organizations.
27             (8) Cooperate with federal, state and local government agencies in
28       the planning and conduct of specific undertakings affecting historic prop-
29       erties and preservation objectives and in overall land-use planning.
30             (9) Disburse federal and state funds to local governments and private
31       agencies and individuals for historic preservation work; establish stan-
32       dards of eligibility to receive such funds; and enter into maintenance
33       agreements with local governments and private agencies concerning his-
34       toric properties.
35             (10) Participate in national and international conferences and pro-
36       grams concerning historic preservation and cooperate with federal offi-
37       cials and agencies in the conduct of such activities.
38             (11) Subject to limitations of staff and resources, provide technical
39       and financial assistance to local historic preservation organizations and
40       private parties involved in historic preservation activities.
41             (12) Assist, where possible, in developing public interest in historic
42       preservation through the development and implementation of interpre-
43       tive programs for historic properties and through the management of the


39

  1       state's historical marker program.
  2             (13) Develop an ongoing program of historical, architectural and ar-
  3       cheological research and development, to include continuing surveys, ex-
  4       cavation, scientific recording, interpretation and publication of the state's
  5       historical, architectural, archeological and cultural resources. A reasona-
  6       ble charge may be made for publications.
  7             (14) Request that the attorney general take action authorized under
  8       subsection (d) of K.S.A. 75-2724 and amendments thereto against any
  9       person or entities who fail to obtain any demolition or building permit
10       required by local or state law.
11             (b) With the advice of the state historic preservation officer, the di-
12       rector of history and preservation shall adopt rules and regulations to
13       implement and administer the provisions of K.S.A. 75-2715 through 75-
14       2725, and amendments thereto.
15             Sec.  51. K.S.A. 75-2722 is hereby amended to read as follows: 75-
16       2722. The state historical society Kansas department of history and pres-
17       ervation may enter into and carry out contracts with the federal govern-
18       ment or any agency thereof under which said such government or agency
19       grants financial or other assistance to the historical society department to
20       further the purposes of this act. The historical society Kansas department
21       of history and preservation may agree to and comply with any reasonable
22       conditions not inconsistent with state law which are imposed on such
23       grants. Such grant funds or other assistance may be accepted from the
24       federal government or an agency thereof and expended whether or not
25       pursuant to a contract. The historical society Kansas department of history
26       and preservation may further enter into and carry out contracts with local
27       governments or their agencies and with any private party to further the
28       purposes of this act.
29             Sec.  52. K.S.A. 75-2723 is hereby amended to read as follows: 75-
30       2723. (a) The state historical society Kansas department of history and
31       preservation is hereby designated as the official state agency to administer
32       federal assistance under provisions of the national historic preservation
33       act of 1966 and to accept and disburse funds apportioned to the state
34       under the provisions of said that act.
35             (b) The state historical society Kansas department of history and
36       preservation, as the administrative agency for the state for such federal
37       assistance and benefits as may be available under the national historic
38       preservation act of 1966, shall have the right and is authorized and em-
39       powered to:
40             (1) Apply for such assistance and benefits as may be available to the
41       state under said that act, and the state treasurer is hereby authorized to
42       receive and disburse such moneys upon the proper voucher by the agency
43       Kansas department of history and preservation.


40

  1             (2) Disburse federal and state funds to eligible local governments and
  2       private agencies and individuals as directed by the historic sites board of
  3       review according to the priorities established in the Kansas preservation
  4       plan.
  5             (3) Enter into contracts and agreements with individuals, organiza-
  6       tions, municipalities, governmental agencies and with the United States
  7       or any appropriate agency thereof.
  8             (4) Keep financial and other records thereto and to furnish appro-
  9       priate officials and agencies of the state and of the United States such
10       reports and information as may be reasonably necessary to enable such
11       officials and agencies to perform their duties under said program.
12             (5) Perform such other acts as may be necessary to comply with fed-
13       eral requirements in securing for the state the benefits provided by the
14       national historic preservation act of 1966.
15             (c) The state historical society Kansas department of history and pres-
16       ervation shall make no commitment or enter into any agreement pursuant
17       to the exercise of authority under this act until it has determined that
18       sufficient funds are available to meet the state's share, if any, of the project
19       cost.
20             Sec.  53. K.S.A. 75-2725 is hereby amended to read as follows: 75-
21       2725. The state of Kansas or any county, municipality or other political
22       subdivision having capacity to sue and be sued, the Kansas state historical
23       society department of history and preservation and any city or county
24       historical society which, for more than two (2) years prior to filing such
25       action, has been organized, has elected officers and has received com-
26       pensation, funds or reimbursements from a city or county pursuant to
27       K.S.A. 12-1660 or 19-2649, and amendments thereto, may maintain an
28       action in the district court having jurisdiction where an alleged violation
29       occurred or is threatened for such equitable and declaratory relief as may
30       be necessary to enforce the provisions of this act and to protect historic
31       property from unauthorized or improper demolition, alteration or
32       transfer.
33             Sec.  54. K.S.A. 75-2726 is hereby amended to read as follows: 75-
34       2726. (a) The state of Kansas shall not acquire or make a commitment to
35       acquire by gift, lease, purchase or other means any historic property for
36       purposes of historic preservation of such property unless such property
37       is listed on the national register of historic places and, in any case, until
38       an application for acquisition of historic property is filed with the secretary
39       of the state historical society director of history and preservation and the
40       state historic sites board of review has reviewed such application and
41       submitted a report and findings in regard to the acquisition of such prop-
42       erty to the governor and the legislature in accordance with this section.
43             (b) An application for acquisition of historic property shall be filed


41

  1       with the secretary of the state historical society director of history and
  2       preservation on forms prepared by the secretary of the state historical
  3       society director and shall contain such information concerning such his-
  4       toric property as the secretary of the state historical society director may
  5       require. Each such application for acquisition of any historic property
  6       shall be signed by at least 1,000 of the qualified electors of this state and
  7       at least 25% of the number of the electors signing the application shall
  8       be also qualified electors of the county where the historic property is
  9       located.
10             (c) Upon the receipt of such application, the secretary of the state
11       historical society director of history and preservation shall notify the
12       chairperson of the state historic sites board of review that an application
13       has been received. The state historic sites board of review shall meet to
14       conduct fact-finding hearings and otherwise investigate the application
15       for acquisition of historic property. The state historic sites board of review
16       shall make a report and findings on the factors established in subsection
17       (e). If, prior to the time the state historic sites board of review makes a
18       report and findings, changes have occurred to the property that have
19       destroyed, removed, reduced or otherwise irreparably altered those fea-
20       tures, characteristics, elements, materials or values that made the prop-
21       erty historically important, the board may direct a cessation of the inves-
22       tigation and research efforts on that property and shall notify the
23       individual or group submitting the petition, the governor and the legis-
24       lature of the reasons for cessation of the investigation.
25             (d) If an application for acquisition of historic property previously
26       proposed for acquisition and previously investigated by the state historic
27       sites board of review is filed with the secretary of the state historical
28       society director of history and preservation, the state historic sites board
29       of review may, in its discretion, may decide whether or not to conduct a
30       new investigation of the historic property.
31             (e) Upon review of an application for acquisition of historic property,
32       the state historic sites board of review shall make findings on the following
33       factors:
34             (1) Whether the historic property has sufficient historical signifi-
35       cance, educational value and general public interest to justify acquisition;
36             (2) what the costs of acquisition, restoration, development, operation
37       and maintenance of the historic property will be for at least five fiscal
38       years subsequent to the proposed date of acquisition;
39             (3) whether the historic property will generate financial revenues in
40       the future and an estimate of the amount of such revenues for at least
41       five fiscal years subsequent to the proposed date of acquisition of the
42       historic property;
43             (4) whether there exists sufficient local financial assistance to support


42

  1       a partnership of the state, local governments and private sources for the
  2       development and ongoing maintenance and operation of the historic
  3       property and the degree of assurance that such local financial assistance
  4       is committed for these purposes;
  5             (5) whether the historic property is duplicative of other historic prop-
  6       erty operated by the state historical society Kansas department of history
  7       and preservation;
  8             (6) whether the historic property retains an original appearance, set-
  9       ting and materials which are adequate to interpret its significance;
10             (7) whether the historic property is accessible or can be made acces-
11       sible to visitors by customary means of transportation and the costs in-
12       volved in making the historic property accessible;
13             (8) whether the historic property has access to utilities and other serv-
14       ices required for its preservation and operation and the costs involved in
15       obtaining such access;
16             (9) whether the historic property illustrates, interprets or is identified
17       with an important aspect of Kansas history or prehistory; and
18             (10) such other factors or information as the state historic sites board
19       of review deems relevant.
20             (f) Upon the completion of its investigation of the application for
21       acquisition of historic property, the state historic sites board of review
22       shall report its findings to the governor and to the legislature. Such report
23       shall be made not later than one year subsequent to the receipt by the
24       secretary of the state historical society director of history and preservation
25       of the application for acquisition of historic property.
26             (g) As used in this section, the terms "historic preservation" and "his-
27       toric property" shall have the meanings ascribed to such terms in K.S.A.
28       75-2716 and amendments thereto.
29             Sec.  55. K.S.A. 75-2728 is hereby amended to read as follows: 75-
30       2728. (a) As approved by the committee on surety bonds and insurance,
31       the state historical society Kansas department of history and preservation
32       is hereby authorized to purchase insurance against loss or damage to
33       collections or other personal property from any casualty whether owned
34       by or in the care, custody or control of the state historical society Kansas
35       department of history and preservation.
36             (b) The society shall remit All moneys received by the society Kansas
37       department of history and preservation under the provisions of subsection
38       (a) shall be remitted to the state treasurer at least monthly. Upon receipt
39       of any such remittance the state treasurer shall deposit the entire amount
40       thereof in the state treasury and the same shall be credited to the insur-
41       ance collection replacement/reimbursement fund which is hereby cre-
42       ated. All expenditures from such fund shall be made in accordance with
43       appropriation acts upon warrants of the director of accounts and reports


43

  1       issued pursuant to vouchers approved by the secretary of the state his-
  2       torical society or a person designated by the secretary director of history
  3       and preservation or the director's designee.
  4             Sec.  56. K.S.A. 75-2729 is hereby amended to read as follows: 75-
  5       2729. (a) (1) There is hereby established in the state treasury the heritage
  6       trust fund. All moneys deposited in the heritage trust fund shall be used
  7       for the purpose of awarding grants to assist historic preservation projects
  8       involving property included in the national register of historic places or
  9       the state register of historic places, excluding property owned by the state
10       or federal government, and shall be used by the state historical society
11       director of history and preservation for the administration of the heritage
12       trust fund program. At least 50% of the amount awarded annually in
13       grants shall be used for the preservation of eligible properties owned by
14       county and local governments, county and local historical societies and
15       by private nonprofit organizations. The state historical society director of
16       history and preservation may also provide grant assistance from moneys
17       in the heritage trust fund on a matching basis and also may establish a
18       revolving fund loan program from moneys in such fund. The state his-
19       torical society director of history and preservation may establish different
20       matching fund requirements for the various types of applicants, but the
21       matching contributions required from for-profit corporations shall be dol-
22       lar for dollar. For-profit corporation applicants shall be assisted only if
23       the property's continued existence is threatened or its rehabilitation is not
24       economically feasible without grant assistance. The state historical society
25       director of history and preservation shall ensure that such moneys are
26       expended for the purpose of this section, and may adopt rules and reg-
27       ulations for the Kansas department of history and preservation as nec-
28       essary to carry out the purpose of this section.
29             (2) In evaluating grant applications involving historic preservation
30       projects under subsection (a)(1), the state historical society director of
31       history and preservation shall consider the following factors: The level of
32       historical significance of the property; the condition of the property; the
33       urgency of the preservation work proposed; whether or not the property
34       is endangered; the type of work proposed; a geographical distribution of
35       assisted properties; the administrative ability of the applicant; the poten-
36       tial benefit to the community and the state; community support for the
37       project; ineligibility of the project for other funds; and an assessment of
38       the need of the owner for the grant assistance to do the project.
39             (3)  (A) The state historical society director of history and preserva-
40       tion shall establish provisions to recapture grant moneys in accordance
41       with the following factors: (i) If an approved rehabilitated building is held
42       by the grantee for longer than five years after the completion of the grant
43       project, there is no recapture of the grant funds; (ii) if the owner, or


44

  1       designated heir, in the case of the owner's death, disposes of the property
  2       after a holding period of less than one year after the completion of the
  3       grant project, 100% of the grant is recaptured; and (iii) for properties
  4       held between one and five years, the grant recapture amount is reduced
  5       by 20% per year.
  6             (B) The state historical society director of history and preservation
  7       may inspect a rehabilitated property at any time during the five-year pe-
  8       riod and may revoke or invalidate the approval if work was not undertaken
  9       as presented in the grant application or if further unapproved alterations
10       have been made. Modifications made during the five-year period follow-
11       ing the completion of the grant shall be made in accordance with stan-
12       dards established by the state historical society director of history and
13       preservation.
14             (b) On or before the 10th of each month, the director of accounts
15       and reports shall transfer from the state general fund to the heritage trust
16       fund interest earnings based on:
17             (1) The average daily balance of moneys in the heritage trust fund
18       for the preceding month; and
19             (2) the net earnings rate for the pooled money investment portfolio
20       for the preceding month.
21             (c) Except as otherwise provided in this section, all expenditures from
22       the heritage trust fund shall be made in accordance with appropriation
23       acts upon warrants of the director of accounts and reports issued pursuant
24       to vouchers approved by the secretary of the state historical society or a
25       person designated by the secretary director of history and preservation
26       or the director's designee.
27             Sec.  57. K.S.A. 75-2743 is hereby amended to read as follows: 75-
28       2743. As used in this act:
29             (a) "Board" means the unmarked burial sites preservation board.
30             (b) "Evaluation" means assessment by the state historical society
31       Kansas department of history and preservation of the nature of human
32       skeletal remains and goods interred with such remains and the situation
33       in which they are located to make recommendations for action and dis-
34       position of the remains or goods under this act.
35             (c) "Human skeletal remains" means any part of the body of a de-
36       ceased human being, in any stage of decomposition.
37             (d) "Person" means an individual, unincorporated association, part-
38       nership, limited partnership, corporation or governmental entity.
39             (e) "Society Department action" means any evaluation, investigation,
40       disinterment, study, reinterment or other disposition carried out by the
41       state historical society Kansas department of history and preservation,
42       with board approval, using moneys appropriated to the state historical
43       society Kansas department of history and preservation.


45

  1             (f) "Unmarked burial site" means any interment by whatever means
  2       of human skeletal remains, other than a burial site in a cemetery otherwise
  3       protected by Kansas statute.
  4             Sec.  58. K.S.A. 75-2744 is hereby amended to read as follows: 75-
  5       2744. (a) There is hereby created the unmarked burial sites preservation
  6       board. The board shall be is attached to the state historical society Kansas
  7       department of history and preservation. All budgeting, purchasing and
  8       related management functions shall be administered under the direction
  9       of the secretary of the state historical society director of history and pres-
10       ervation. All vouchers for expenditures of the board shall be approved by
11       the secretary of the state historical society director of history and pres-
12       ervation or the director's designee.
13             (b) The board shall consist of:
14             (1) The state archeologist;
15             (2) a physical anthropologist, appointed by the governor, who is em-
16       ployed by an institution of higher education located in this state, holds a
17       doctorate degree representing specialized training in skeletal biology or
18       forensic osteology and has demonstrated ability to design and execute a
19       human skeletal analysis and to present the written results and interpre-
20       tations of the analysis in a thorough, scientific and timely manner;
21             (3) a historian, appointed by the governor, who is employed by the
22       state historical society Kansas department of history and preservation or
23       an institution of higher education located in this state, holds an advanced
24       degree in American history and has specialized in Kansas history;
25             (4) four tribal representatives, one from each of the four resident
26       Kansas Indian tribes (Pottawatomie, Kickapoo, Iowa and Sac and Fox),
27       to be selected by the governing body of the respective tribe; and
28             (5) two members, appointed by the governor, who represent the gen-
29       eral public but are not members of the interest groups represented by
30       the members enumerated in subsections (a)(2) through (4).
31             (c) Of the appointive members first appointed to the board: The
32       member who is a physical anthropologist and the member who represents
33       the Pottawatomie tribe shall serve for terms of one year; the member
34       who is a historian, the member representing the Kickapoo tribe and one
35       member of the general public, as designated by the governor, shall serve
36       for terms of two years; and the member who represents the Iowa tribe,
37       the member who represents the Sac and Fox tribe and one member of
38       the general public, as designated by the governor, shall serve for terms
39       of three years. Upon expiration of such terms, All appointive members
40       of the board shall serve for terms of three years.
41             (d) Appointive members of the board attending meetings of the
42       board or a subcommittee meeting authorized by the board shall be paid
43       compensation and subsistence allowances, mileage and other expenses as


46

  1       provided by K.S.A. 75-3223 and amendments thereto.
  2             (e) The state archeologist shall serve as chairperson of the board.
  3             (f) The secretary of the state historical society director of history and
  4       preservation shall serve as secretary of the board and shall provide such
  5       office space and such staff as necessary for the performance of the duties
  6       prescribed by this act.
  7             Sec.  59. K.S.A. 75-2748 is hereby amended to read as follows: 75-
  8       2748. (a) On and after January 1, 1990, no person shall, unless such person
  9       holds a permit issued by the board to do so or is exempt pursuant to
10       subsection (b):
11             (1) Willfully disturb an unmarked burial site;
12             (2) knowingly possess human skeletal remains known to have been
13       from an unmarked burial site, or goods interred with such remains;
14             (3) display human skeletal remains known to have been from an un-
15       marked burial site, or goods interred with such remains;
16             (4) sell, trade or give away human skeletal remains known to have
17       been from an unmarked burial site, or goods interred with such remains;
18       or
19             (5) throw away or discard human skeletal remains known to have
20       been from an unmarked burial site, or goods interred with such remains.
21             (b) Subsection (a)(2) shall not apply to possession of human skeletal
22       remains or burial goods by the state historical society Kansas department
23       of history and preservation or institutions of higher education repre-
24       sented on the Kansas antiquities commission pursuant to K.S.A. 74-5402
25       and amendments thereto, but the board, in consultation with interested
26       parties, shall review the collections of such society department and insti-
27       tutions and report to the legislature on or before January 13, 1992, any
28       recommendations it has concerning human skeletal remains and burial
29       goods which are part of such collections and are from unmarked burial
30       sites. Subsections (a)(1) through (5) shall not apply to:
31             (1) Disinterment, possession, display, transfer, reinterment or dis-
32       position of human skeletal remains, or goods interred with such remains,
33       which are determined by a coroner to be remains described by K.S.A.
34       22a-231 and amendments thereto; and
35             (2) private collections of burial goods acquired prior to January 1,
36       1990.
37             (c) Violation of this section is a crime punishable:
38             (1) Upon conviction of a first offense, by a fine of not more than
39       $10,000, if the commercial and archeological value of the remains and
40       goods involved and all costs related to their restoration and repair is
41       $5,000 or less;
42             (2) upon conviction of a first offense, by a fine of not more than
43       $20,000, if the commercial and archeological value of the remains and


47

  1       goods involved and all costs related to their restoration and repair is more
  2       than $5,000; and
  3             (3) upon conviction of the second or a subsequent offense, by a fine
  4       of not more than $100,000.
  5             (d) In addition to or in lieu of any penalty imposed pursuant to sub-
  6       section (c), the board, upon a finding that a person has violated any pro-
  7       vision of this section or any term of a permit issued under this act, may
  8       impose on such person a civil fine of not more than $2,000 for each
  9       violation. Imposition of any such fine shall be only upon notice and a
10       hearing conducted in accordance with the Kansas administrative proce-
11       dure act and shall be subject to review in accordance with the act for
12       judicial review and civil enforcement of agency actions.
13             Sec.  60. K.S.A. 75-2749 is hereby amended to read as follows: 75-
14       2749. (a) Any person who knows or has reason to know that a violation
15       of K.S.A. 75-2748, and amendments thereto, is being or has been com-
16       mitted must immediately notify the law enforcement agency of the juris-
17       diction where the violation occurred. A law enforcement agency shall
18       notify the state historical society Kansas department of history and pres-
19       ervation of any violation of K.S.A. 75-2748, and amendments thereto,
20       which becomes known to the law enforcement agency.
21             (b) Any person who discovers human skeletal remains immediately
22       shall notify the law enforcement agency of the jurisdiction where the
23       remains were found. Upon receipt of such notice, the law enforcement
24       agency immediately shall notify the district coroner or deputy district
25       coroner. If the coroner determines that the human skeletal remains are
26       not of evidentiary or forensic interest then the coroner shall notify the
27       state historical society Kansas department of history and preservation.
28             (c) Failure to give notice as required by subsection (a) or (b) is a
29       misdemeanor punishable by a fine of not less than $100 nor more than
30       $500.
31             (d) Upon notification pursuant to this section or K.S.A. 22a-232, and
32       amendments thereto, the state historical society Kansas department of
33       history and preservation shall assume jurisdiction over the human skeletal
34       remains, and any goods interred with such remains. The state historical
35       society director of history and preservation shall carry out society de-
36       partmental actions in as expeditious a manner as possible, with particular
37       consideration given to circumstances such as construction sites, agricul-
38       tural interests and kin or descent groups. After disinterment, the remains
39       and goods may be under the control of the state historical society Kansas
40       department of history and preservation for purposes of study for a period
41       of one year. On a showing of need, the board may extend such period for
42       additional periods of six months. After any period of study authorized by
43       this subsection, disposition or reinterment of the remains and goods shall


48

  1       be under the direction of the board.
  2             Sec.  61. K.S.A. 75-2753 is hereby amended to read as follows: 75-
  3       2753. The secretary of the state historical society director of history and
  4       preservation shall establish, with the approval of the board, a cemetery
  5       on existing state lands for the reinterment of human skeletal remains from
  6       unmarked burial sites in this state, and goods interred with such remains.
  7       Such cemetery shall not be open to the public.
  8             Sec.  62. K.S.A. 1999 Supp. 75-2935 is hereby amended to read as
  9       follows: 75-2935. The civil service of the state of Kansas is hereby divided
10       into the unclassified and the classified services.
11             (1) The unclassified service comprises positions held by state officers
12       or employees who are:
13             (a) Chosen by election or appointment to fill an elective office;
14             (b) members of boards and commissions, heads of departments re-
15       quired by law to be appointed by the governor or by other elective offi-
16       cers, and the executive or administrative heads of offices, departments,
17       divisions and institutions specifically established by law;
18             (c) except as otherwise provided under this section, one personal sec-
19       retary to each elective officer of this state, and in addition thereto, 10
20       deputies, clerks or employees designated by such elective officer;
21             (d) all employees in the office of the governor;
22             (e) officers and employees of the senate and house of representatives
23       of the legislature and of the legislative coordinating council and all officers
24       and employees of the office of revisor of statutes, of the legislative re-
25       search department, of the division of legislative administrative services,
26       of the division of post audit and the legislative counsel;
27             (f) chancellor, president, deans, administrative officers, student
28       health service physicians, pharmacists, teaching and research personnel,
29       health care employees and student employees in the institutions under
30       the state board of regents, the executive officer of the board of regents
31       and the executive officer's employees other than clerical employees, and,
32       at the discretion of the state board of regents, directors or administrative
33       officers of departments and divisions of the institution and county exten-
34       sion agents, except that this subsection (1)(f) shall not be construed to
35       include the custodial, clerical or maintenance employees, or any employ-
36       ees performing duties in connection with the business operations of any
37       such institution, except administrative officers and directors; as used in
38       this subsection (1)(f), "health care employees" means employees of the
39       university of Kansas medical center who provide health care services at
40       the university of Kansas medical center and who are medical technicians
41       or technologists or respiratory therapists, who are licensed professional
42       nurses or licensed practical nurses, or who are in job classes which are
43       designated for this purpose by the chancellor of the university of Kansas


49

  1       upon a finding by the chancellor that such designation is required for the
  2       university of Kansas medical center to recruit or retain personnel for
  3       positions in the designated job classes; and employees of any institution
  4       under the state board of regents who are medical technologists;
  5             (g) operations, maintenance and security personnel employed to im-
  6       plement agreements entered into by the adjutant general and the federal
  7       national guard bureau, and officers and enlisted persons in the national
  8       guard and the naval militia;
  9             (h) persons engaged in public work for the state but employed by
10       contractors when the performance of such contract is authorized by the
11       legislature or other competent authority;
12             (i) persons temporarily employed or designated by the legislature or
13       by a legislative committee or commission or other competent authority
14       to make or conduct a special inquiry, investigation, examination or
15       installation;
16             (j) officers and employees in the office of the attorney general and
17       special counsel to state departments appointed by the attorney general,
18       except that officers and employees of the division of the Kansas bureau
19       of investigation shall be in the classified or unclassified service as provided
20       in K.S.A. 75-711, and amendments thereto;
21             (k) all employees of courts;
22             (l) client, patient and inmate help in any state facility or institution;
23             (m) all attorneys for boards, commissions and departments;
24             (n) the secretary director of history and preservation and assistant
25       secretary director of the Kansas state historical society department of his-
26       tory and preservation;
27             (o) physician specialists, dentists, dental hygienists, pharmacists,
28       medical technologists and long term care workers employed by the de-
29       partment of social and rehabilitation services;
30             (p) physician specialists, dentists and medical technologists employed
31       by any board, commission or department or by any institution under the
32       jurisdiction thereof;
33             (q) student employees enrolled in public institutions of higher
34       learning;
35             (r) administrative officers, directors and teaching personnel of the
36       state board of education and the state department of education and of
37       any institution under the supervision and control of the state board of
38       education, except that this subsection (1)(r) shall not be construed to
39       include the custodial, clerical or maintenance employees, or any employ-
40       ees performing duties in connection with the business operations of any
41       such institution, except administrative officers and directors;
42             (s) all officers and employees in the office of the secretary of state;
43             (t) one personal secretary and one special assistant to the following:


50

  1       The secretary of administration, the secretary of aging, the secretary of
  2       agriculture, the secretary of commerce and housing, the secretary of cor-
  3       rections, the secretary of health and environment, the superintendent of
  4       the Kansas highway patrol, the secretary of human resources, the secre-
  5       tary of revenue, the secretary of social and rehabilitation services, the
  6       secretary of transportation, the secretary of wildlife and parks and the
  7       commissioner of juvenile justice;
  8             (u) one personal secretary and one special assistant to the chancellor
  9       and presidents of institutions under the state board of regents;
10             (v) one personal secretary and one special assistant to the executive
11       vice chancellor of the university of Kansas medical center;
12             (w) one public information officer and one chief attorney for the fol-
13       lowing: The department of administration, the department on aging, the
14       department of agriculture, the department of commerce and housing, the
15       department of corrections, the department of health and environment,
16       the department of human resources, the department of revenue, the de-
17       partment of social and rehabilitation services, the department of trans-
18       portation, the Kansas department of wildlife and parks and the commis-
19       sioner of juvenile justice;
20             (x) civil service examination monitors;
21             (y) one executive director, one general counsel and one director of
22       public affairs and consumer protection in the office of the state corpo-
23       ration commission;
24             (z) specifically designated by law as being in the unclassified service;
25             (aa) all officers and employees of Kansas, Inc. and the Kansas tech-
26       nology enterprise corporation; and
27             (bb) any position that is classified as a position in the information
28       resource manager job class series, that is the chief position responsible
29       for all information resources management for a state agency, and that
30       becomes vacant on or after the effective date of this act. Nothing in this
31       section shall affect the classified status of any employee in the classified
32       service who is employed on the date immediately preceding the effective
33       date of this act in any position that is a classified position in the infor-
34       mation resource manager job class series and the unclassified status as
35       prescribed by this subsection shall apply only to a person appointed to
36       any such position on or after the effective date of this act that is the chief
37       position responsible for all information resources management for a state
38       agency.
39             (2) The classified service comprises all positions now existing or here-
40       after created which are not included in the unclassified service. Appoint-
41       ments in the classified service shall be made according to merit and fitness
42       from eligible pools which so far as practicable shall be competitive. No
43       person shall be appointed, promoted, reduced or discharged as an officer,


51

  1       clerk, employee or laborer in the classified service in any manner or by
  2       any means other than those prescribed in the Kansas civil service act and
  3       the rules adopted in accordance therewith.
  4             (3) For positions involving unskilled, or semiskilled duties, the sec-
  5       retary of administration, as provided by law, shall establish rules and reg-
  6       ulations concerning certifications, appointments, layoffs and reemploy-
  7       ment which may be different from the rules and regulations established
  8       concerning these processes for other positions in the classified service.
  9             (4) Officers authorized by law to make appointments to positions in
10       the unclassified service, and appointing officers of departments or insti-
11       tutions whose employees are exempt from the provisions of the Kansas
12       civil service act because of the constitutional status of such departments
13       or institutions shall be permitted to make appointments from appropriate
14       pools of eligibles maintained by the division of personnel services.
15             Sec.  63. K.S.A. 75-3048 is hereby amended to read as follows: 75-
16       3048. Each state agency may have printed such reports, pamphlets, books
17       and material as pertain to its activity and which are within the terms of a
18       specific legislative authorization or appropriation. Copies shall be deliv-
19       ered to the governor, state librarian, the secretary of the state historical
20       society director of history and preservation and the secretary of the leg-
21       islative coordinating council and a copy shall be mailed or delivered to
22       each member of the legislature. Such publication shall be sold at approx-
23       imately the cost of printing the same and the amount received therefrom
24       shall be placed in the state treasury and credited to the fee fund of such
25       agency, if it has a fee fund, and if not, to the state general fund of the
26       state except that research, industrial, agricultural and educational matter
27       of general concern to the people of Kansas may be distributed without
28       charge.
29             Sec.  64. K.S.A. 75-3148 is hereby amended to read as follows: 75-
30       3148. The secretary of the state historical society director of history and
31       preservation is hereby authorized to appoint an assistant secretary direc-
32       tor, librarian, museum director, archeologist, state archivist, and such
33       other employees as may be necessary, within available appropriations, and
34       for the Kansas department of history and preservation. All of such em-
35       ployees, except the assistant secretary director, shall be within the clas-
36       sified service. The secretary and the assistant secretary of the state his-
37       torical society director of history and preservation and the assistant
38       director of the Kansas department of history and preservation shall be
39       within the unclassified service.
40             Sec.  65. K.S.A. 75-3502 is hereby amended to read as follows: 75-
41       3502. For the purpose of the permanent preservation of important state
42       records and to provide an orderly method for the disposition of other
43       state records, there is hereby created the state records board, consisting


52

  1       of the attorney general, state librarian, secretary of administration, sec-
  2       retary of the state historical society director of history and preservation,
  3       or their designated representatives, the state archivist, and such ex officio
  4       members as are hereinafter provided. The attorney general shall be the
  5       chairman chairperson and the state archivist shall be the secretary of the
  6       board.
  7             Sec.  66. K.S.A. 75-3509 is hereby amended to read as follows: 75-
  8       3509. There is hereby established, under the supervision and control of
  9       the state historical society Kansas department of history and preservation,
10       a state records center which shall serve as a depository for inactive records
11       of state agencies and departments. The secretary of the state historical
12       society director of history and preservation shall have authority to obtain
13       a suitable building or buildings to be used as a records center, to employ
14       personnel for the records center staff, and to supervise all operations of
15       the center. No expenditures shall be made under this act or expense
16       incurred except in pursuance of specific appropriations therefor.
17             Sec.  67. K.S.A. 76-2002d is hereby amended to read as follows: 76-
18       2002d. The custody and management of the museum located on the
19       grounds of the John Brown memorial park in the city of Osawatomie,
20       Kansas, is hereby vested in the state historical society Kansas department
21       of history and preservation. The secretary of the state historical society
22       director of history and preservation is hereby authorized to appoint a
23       caretaker for said museum.
24             Sec.  68. K.S.A. 76-2005a is hereby amended to read as follows: 76-
25       2005a. The land on which Pawnee Rock is located and the roadway from
26       it to the town of Pawnee Rock, which property was accepted by the gov-
27       ernor of the state of Kansas for and on behalf of the state of Kansas in
28       accordance with chapter 87 of the 1908 Special Session Laws of Kansas,
29       is hereby designated and known as the "Pawnee Rock historical state
30       park." Said The park shall be under the control and management of the
31       state historical society, said society to have the power to make Kansas
32       department of history and preservation. The director of history and pres-
33       ervation may adopt such rules and regulations relating to the use, pres-
34       ervation, improvement, control and maintenance of said Pawnee Rock
35       historical state park as it shall deem the director deems advisable.
36             Sec.  69. K.S.A. 76-2005b is hereby amended to read as follows: 76-
37       2005b. The board of trustees provided to be appointed by chapter 87 of
38       the Laws of 1908 Special Session (referred to in K.S.A. 76-2005) is hereby
39       abolished. All powers, functions and duties of said that board of trustees
40       relating to Pawnee Rock are hereby conferred and imposed upon the
41       executive secretary of the state historical society director of history and
42       preservation.
43             Sec.  70. K.S.A. 76-2007 is hereby amended to read as follows: 76-


53

  1       2007. The portion of said reservation so set aside and designated by the
  2       state board of regents for park purposes, together with the strip of ground
  3       along Big creek in section 4, township 14, range 18, which has been
  4       heretofore set aside for park purposes, as modified by the redesignation
  5       authorized by subsection (b) of K.S.A. 76-2006 and amendments thereto,
  6       shall be known as the Kansas frontier historical park on the Fort Hays
  7       military reservation, and said park shall at all times be subject to the active
  8       administration, supervision and control of the secretary of the state his-
  9       torical society director of history and preservation. The custody and man-
10       agement thereof shall be in such secretary director, with the approval of
11       the state board of regents. The secretary of the state historical society
12       director of history and preservation, subject to revision by the state board
13       of regents, may adopt all proper and needful rules and regulations for the
14       use, preservation, improvement, control and maintenance of said park
15       and grounds and buildings thereon, and may permit such use of the
16       ground or any portion thereof, as is not inconsistent with this act or the
17       act of which this section is amendatory or with the purposes for which
18       said grounds have been set aside.
19             Sec.  71. K.S.A. 76-2007a is hereby amended to read as follows: 76-
20       2007a. (a) The state of Kansas is hereby authorized to lease a tract of land
21       to the city of Hays for use as a golf course open to the public or for such
22       other purpose as may be specified in the lease entered into in accordance
23       with this act, which tract is located in Ellis county, Kansas, in what is
24       officially known as the Kansas frontier historical park on the Fort Hays
25       military reservation, and which tract is described as follows: A tract of
26       land in the southeast quarter of section 5, township 14 south, range 18
27       west of the sixth principal meridian, Ellis county, Kansas, more particu-
28       larly described as follows: Beginning at a point on the east line of section
29       5, at a point 846 feet north of the southeast corner of section 5; thence
30       west one-half mile to the west line of the southeast quarter of section 5;
31       thence north along the west line of the southeast quarter, a distance of
32       1772 feet; thence with an angle of 90° 0' to the right, a distance of 251.19
33       feet; thence with an angle of 90° 0' to the right, a distance of 110.78 feet;
34       thence with an angle of 28° 42'20
35       " to the left, a distance of 342.78 feet; thence with an angle of 35° 13'00
36       " to the right, a distance of 445.70 feet; thence with an angle of 74° 45'30
37       " to the left, a distance of 421.00 feet; thence with an angle of 7° 00'06
38       " to the left, a distance of 201.56 feet; thence with an angle of 80° 17'44
39       " to the left, a distance of 488.04 feet; thence with an angle of 15° 05'58
40       " to the right, a distance of 379.85 feet to the south right-of-way line of
41       alternate U.S. 183 highway; thence easterly along the south right-of-way,
42       a distance of approximately 1,294 feet, to the east line of section 5; thence
43       south along the east line to the point of beginning, less any existing public


54

  1       road right-of-way.
  2             (b) Such lease shall be signed by the secretary of the state historical
  3       society director of history and preservation, attested by the secretary of
  4       state and signed by the governing body of the city or its authorized rep-
  5       resentative. The lease shall be for a period of 15 years and shall be entered
  6       into upon such terms and conditions as the secretary of the state historical
  7       society director of history and preservation and the governing body of
  8       such city shall agree to, consistent with the provisions of K.S.A. 76-2007b,
  9       and amendments thereto, and such lease shall require that the real estate
10       shall be maintained and operated by the city at no cost to the state.
11             Sec.  72. K.S.A. 76-2007f is hereby amended to read as follows: 76-
12       2007f. Each of the leases entered into pursuant to the provisions of this
13       act shall contain the following restrictions or limitations on the use of the
14       tracts of land so leased: (a) No earth-altering operation, other than land-
15       scaping, shall be undertaken on such property without the written consent
16       of: (1) The Kansas state historical society director of history and preser-
17       vation, with respect to that portion of the tract of land described in sub-
18       section (a)(1) of K.S.A. 76-2007d and amendments thereto which is under
19       the jurisdiction of said society the Kansas department of history and pres-
20       ervation; or (2) the state board of regents, with respect to that portion of
21       the tract of land described in subsection (a)(1) of K.S.A. 76-2007d and
22       amendments thereto which is under the jurisdiction of said the state board
23       of regents and the tract of land described in subsection (a)(2) of K.S.A.
24       76-2007d and amendments thereto;
25             (b) the city, or its designated agent, shall be liable for any damage to
26       any state-owned property or injury to any persons; and
27             (c) the state shall reserve the right to enter the premises and excavate
28       any area of historical significance on the property leased.
29             Sec.  73. K.S.A. 76-2011 is hereby amended to read as follows: 76-
30       2011. The state historical society shall be Kansas department of history
31       and preservation is the custodian of the land described in K.S.A. 76-2008
32       and amendments thereto and the buildings thereon which constitute the
33       buildings and site of the Old Shawnee Mission.
34             Sec.  74. K.S.A. 76-2012 is hereby amended to read as follows: 76-
35       2012. The state historical society Kansas department of history and pres-
36       ervation shall have the management and control of said the real estate
37       described in K.S.A. 76-2008 and amendments thereto after the same is
38       reduced to the possession of the state of Kansas, and is authorized to do
39       all things necessary to and consistent with the use of the same by the
40       state, as a place of unusual historical interest. The said society director of
41       history and preservation, in its the director's discretion, may cooperate
42       with patriotic societies in the use thereof, not inconsistent with the pur-
43       poses of the state, and may accept gifts of money, property or services


55

  1       from organizations and individuals and apply the same to the use and
  2       benefit of the state in the preservation and improvement and furnishing
  3       of said such real estate and buildings.
  4             Sec.  75. K.S.A. 76-2015 is hereby amended to read as follows: 76-
  5       2015. The state historical society Kansas department of history and pres-
  6       ervation shall be the custodian of the Highland Presbyterian mission. The
  7       advisory board of trustees heretofore provided for by this section is hereby
  8       abolished. The secretary of the state historical society director of history
  9       and preservation is hereby authorized to employ a caretaker for said the
10       mission.
11             Sec.  76. K.S.A. 76-2016 is hereby amended to read as follows: 76-
12       2016. Said property The Highland Presbyterian mission shall be managed
13       by the secretary of the state historical society director of history and
14       preservations.
15             Sec.  77. K.S.A. 76-2017a is hereby amended to read as follows: 76-
16       2017a. On and after July 1, 1963, The custody, control and management
17       of the historic pony express station, situated near Hanover in Washington
18       county, Kansas, shall be is vested in the state historical society, said society
19       to have the power to make Kansas department of history and preserva-
20       tion. The director of history and preservation may adopt such rules and
21       regulations relating to the use, preservation, improvement, control and
22       maintenance of said the historic pony express station as it shall deem the
23       director deems advisable.
24             Sec.  78. K.S.A. 76-2018 is hereby amended to read as follows: 76-
25       2018. The following described land is hereby declared to possess unusual
26       historical interest:
27             (1) All that part of the forty acres out of the northeast quarter of
28       section thirty-three, and the sixteen acres out of the southwest quarter of
29       section thirty-four and also the sixteen acres out of the north half of
30       section thirty-three, all of township fourteen, range thirty-one, in Gove
31       county, Kansas, not to exceed seventy-five acres, commonly known as
32       "Monument Rocks and Sphynx," the exact boundaries of which shall be
33       designated by the state historical society Kansas department of history
34       and preservation, under such terms and agreements as may be reached
35       with the owners of such land without expense to the state except as may
36       be provided by law.
37             (2) All that part of the thirty acres out of the southeast quarter of
38       section two, and forty-five acres out of the southwest quarter of section
39       one, and all of the northwest quarter of section twelve, and also the north-
40       east twenty acres out of the southwest quarter of section twelve, all of
41       township fourteen, range twenty-six, in Gove county, Kansas, not to ex-
42       ceed two hundred and sixty acres, commonly known as "Castle Rock,"
43       the exact boundaries of which shall be designated by the state historical


56

  1       society Kansas department of history and preservation, under such terms
  2       and agreements as may be reached with the owners of such land without
  3       expense to the state except as may be provided by law.
  4             (3) All that part of the south half of the southwest quarter of section
  5       fourteen, township eleven, range four, in Ottawa county, Kansas, not to
  6       exceed thirty acres, commonly known as "Rock City," the exact bound-
  7       aries of which shall be designated by the state historical society Kansas
  8       department of history and preservation, under such terms and agree-
  9       ments as may be reached with the owners of such land without expense
10       to the state except as may be provided by law.
11             (4) All that part of the southwest quarter of the southwest quarter of
12       section twenty-five, the south half of the south half of section twenty-six,
13       the north half of the northeast quarter of section thirty-five, and the
14       northwest quarter of the northwest quarter of section thirty-six, all in
15       township thirty-one, range fifteen, in Barber county, Kansas, not to ex-
16       ceed thirty acres, commonly known as the "natural bridge," the exact
17       boundaries of which shall be designated by the state historical society
18       Kansas department of history and preservation, under such terms and
19       agreements as may be reached with the owners of such land without
20       expense to the state except as may be provided by law.
21             Sec.  79. K.S.A. 76-2019 is hereby amended to read as follows: 76-
22       2019. The state historical society Kansas department of history and pres-
23       ervation shall have authority and is hereby directed to take and acquire
24       such lands in the name of the state, by donation, devise or bequests,
25       including any and all rights therein or thereon, for the purpose of estab-
26       lishing, improving, keeping and maintaining the same as state parks, and
27       shall have the power to do any and all things necessary and proper to
28       carry out the intentions and purposes of this act and to make. The director
29       of history and preservation may adopt such rules and regulations as may
30       be necessary from time to time for such purposes.
31             Sec.  80. K.S.A. 76-2022 is hereby amended to read as follows: 76-
32       2022. Said The tract of land referred to in K.S.A. 76-2021 and amendments
33       thereto is hereby designated as the Marais des Cygnes Massacre Memorial
34       Park, and the same shall be under the control and management of the
35       state historical society Kansas department of history and preservation.
36       The advisory board of trustees heretofore provided for by this section is
37       hereby abolished.
38             Sec.  81. K.S.A. 76-2024 is hereby amended to read as follows: 76-
39       2024. That upon the taking over of said property by the state, the governor
40       shall designate the state historical society The Kansas department of his-
41       tory and preservation shall be the custodian thereof, and he or she shall
42       direct the secretary of the state historical society to of the property re-
43       ferred to in K.S.A. 76-2023 and amendments thereto. The director of his-


57

  1       tory and preservation shall take such action as said secretary shall deem
  2       the director deems necessary and advisable for the proper preservation,
  3       restoration, care and maintenance of said such property.
  4             Sec.  82. K.S.A. 76-2027 is hereby amended to read as follows: 76-
  5       2027. It shall be is unlawful for any person, being upon the premises of
  6       any state park, site or facility of which the Kansas state historical society
  7       department of history and preservation is trustee under the provisions of
  8       K.S.A. 75-2701, or any and amendments thereto, to damage, deface or
  9       destroy any building or part thereof located upon such premises, or any
10       furnishings therein or thereon, or to damage, destroy or deface any lawns,
11       trees, shrubbery, flowers, plants or equipment located upon such prem-
12       ises; or to park or drive any motor or other vehicle upon any part of such
13       premises except upon the duly established drives, roads, streets or public
14       parking facilities as indicated by signs, markers or notices established and
15       posted by the Kansas state historical society department of history and
16       preservation or its the duly authorized agents of the department; or to
17       exceed any posted speed limit on drives, roads or streets located on such
18       premises; or to picnic or engage in sports or other recreational activities
19       in any areas upon such premises except those designated for such purpose
20       by posted notices or signs of the Kansas state historical society department
21       of history and preservation or its the duly authorized agents of the
22       department.
23             Sec.  83. K.S.A. 76-2028 is hereby amended to read as follows: 76-
24       2028. The Kansas state historical society department of history and pres-
25       ervation may employ and commission a person or persons as police of-
26       ficers at any such historical site, park or building, and such person so
27       commissioned shall have the authority of any police officer or sheriff for
28       the purpose of enforcing this act. The jurisdiction of any prosecution
29       arising hereunder is hereby conferred upon the district court of the
30       county in which such site, park or building is located.
31             Sec.  84. K.S.A. 76-2031 is hereby amended to read as follows: 76-
32       2031. The state historical society Kansas department of history and pres-
33       ervation is hereby authorized to accept and hold, in the name of the state,
34       Old Grinter House, located in Muncie, Wyandotte county, Kansas, to-
35       gether with tracts of land upon which the dwelling is located and such
36       other contiguous tracts, with the improvements thereon, as may be
37       deemed necessary by the historical society department to properly estab-
38       lish and maintain an historical landmark and museum to be known as the
39       "Historic Grinter Place." Such lands, dwellings and improvements shall
40       be acquired in fee simple by gift, grant or designation only for the purpose
41       of establishing and maintaining such an historical landmark and museum.
42       The state historical society Kansas department of history and preservation
43       shall have the power to do any and all things necessary to carry out the


58

  1       intent and purpose of this act and to make. The director of history and
  2       preservation may adopt such rules and regulations for the use, enjoyment
  3       and government of the premises as may be necessary. Conveyances of
  4       property shall not be accepted until the attorney general shall have ex-
  5       amined the abstract of title to said such property and determined that
  6       such conveyance would convey property in fee simple to the state of
  7       Kansas.
  8             Sec.  85. K.S.A. 76-2033 is hereby amended to read as follows: 76-
  9       2033. The state historical society Kansas department of history and pres-
10       ervation is authorized and empowered to accept from the Buffalo Bill
11       state park committee, inc., and hold, in the name of the state, a tract of
12       land not to exceed 12 acres, the exact boundaries of which shall be des-
13       ignated by the state historical society department and agreed upon by the
14       owners of said such lands. Such lands, insofar as possible, shall be the
15       same upon which the original Isaac Cody homestead was filed in accord-
16       ance with Kansas state records. Such lands shall be acquired for the pur-
17       pose of establishing and maintaining a suitable historical landmark and
18       memorial to this famous and popular early western hero and that period
19       of important early turbulent history from which all Kansans have inherited
20       their traditional and indomitable spirit. The state historical society Kansas
21       department of history and preservation shall have the power to do any
22       and all things necessary to carry out the intent and purpose of this act
23       and to make. The director of history and preservation may adopt such
24       rules and regulations for the use, enjoyment and government of the prem-
25       ises as may be necessary. Conveyance of said such tract of land shall not
26       be accepted until the attorney general shall have examined the abstract
27       of title of said land and determined that such conveyance would convey
28       such land in proper order to the state of Kansas.
29             Sec.  86. K.S.A. 76-2035 is hereby amended to read as follows: 76-
30       2035. The state historical society Kansas department of history and pres-
31       ervation is authorized and empowered to accept and hold, in the name
32       of the state, the dwelling house upon said such premises, together with
33       a tract of land upon which such dwelling house is located, not to exceed
34       two (2) acres, the exact boundaries of which shall be designated by the
35       state historical society, department and agreed upon by the owners of said
36       such lands. Such lands and the improvements thereon shall be acquired
37       in fee simple by gift, grant or designation for the purpose of establishing
38       and maintaining it as an historical landmark and memorial to the father
39       of the Kansas common-school system, cofounder of the first land grant
40       university, and leader of a Kansas free state colony and the generation of
41       pioneers he represented. The state historical society Kansas department
42       of history and preservation shall have the power to do any and all things
43       necessary to carry out the intent and purpose of this act and to make. The


59

  1       director of history and preservation may adopt such rules and regulations
  2       for the use, enjoyment and government of the premises as may be nec-
  3       essary. Conveyance of said such tract of land shall not be accepted until
  4       the attorney general shall have examined the abstract of title to said such
  5       land and determine determined that such conveyance would convey such
  6       land in fee simple to the state of Kansas.
  7             Sec.  87. K.S.A. 76-2039 is hereby amended to read as follows: 76-
  8       2039. Upon acquisition of the property described in K.S.A. 76-2036 and
  9       amendments thereto as authorized by this act, the same shall be placed
10       under the control and management of the state historical society and said
11       society shall have power to Kansas department of history and preserva-
12       tion. The director of history and preservation may adopt such rules and
13       regulations relating to the use, preservation, improvement, control and
14       maintenance thereof.
15             Sec.  88. K.S.A. 76-2043 is hereby amended to read as follows: 76-
16       2043. Upon acquisition of the property described in K.S.A. 76-2040 and
17       amendments thereto as authorized by this act, the same shall be placed
18       under the control and management of the state historical society and said
19       society Kansas department of history and preservation and the depart-
20       ment is authorized to do all things necessary to and consistent with the
21       use of the same by the state as a place of unusual historical interest and.
22       The director of history and preservation may adopt and enforce rules and
23       regulations relating to the use, preservation, improvement, control and
24       maintenance thereof. Said area The property shall be known and desig-
25       nated as the Mine Creek Historical Park.
26             Sec.  89. K.S.A. 76-2047 is hereby amended to read as follows: 76-
27       2047. The state historical society Kansas department of history and pres-
28       ervation is hereby authorized to purchase the land described in K.S.A.
29       76-2046 and amendments thereto in fee simple in the name of the state
30       from moneys appropriated for such purpose. Before any agreement shall
31       be made to purchase such land, three (3) disinterested appraisers shall
32       be appointed in accordance with the provisions of K.S.A. 75-3043a and
33       amendments thereto to determine the market value thereof, and no agree-
34       ment shall be entered into nor purchase made of the land so appraised
35       for a consideration greater than such market value appraisal. Such lands
36       shall be acquired in the name of the state of Kansas, and the state his-
37       torical society Kansas department of history and preservation shall not
38       issue a voucher in payment therefor until the attorney general shall have
39       examined the abstract of title and deed to such land and has determined
40       that such conveyance will convey such lands in fee simple to the state of
41       Kansas.
42             Sec.  90. K.S.A. 76-2048 is hereby amended to read as follows: 76-
43       2048. Upon acquisition of the property described in K.S.A. 76-2046 and


60

  1       amendments thereto, as authorized by this act, the same shall be placed
  2       under the control and management of the state historical society and said
  3       society shall have power to Kansas department of history and preserva-
  4       tion. The director of history and preservation may adopt such rules and
  5       regulations relating to the use, preservation, improvement, control and
  6       maintenance thereof.
  7             Sec.  91. K.S.A. 76-2050 is hereby amended to read as follows: 76-
  8       2050. (a) The state historical society Kansas department of history and
  9       preservation is authorized and empowered to acquire by purchase or by
10       condemnation proceedings the land described in K.S.A. 76-2049 and
11       amendments thereto in fee simple in the name of the state from moneys
12       appropriated for such purpose. Before any agreement shall be made to
13       purchase such land and house, three disinterested appraisers shall be
14       appointed in accordance with the provisions of K.S.A. 75-3043a, and
15       amendments thereto, to determine the market value thereof, and no
16       agreement shall be entered into nor purchase made of the land so ap-
17       praised for a consideration greater than such market value appraisal.
18             (b) In lieu of acquisition by purchase or condemnation as provided
19       in subsection (a), the state historical society Kansas department of history
20       and preservation is authorized and empowered to enter into an agree-
21       ment to acquire the land described in K.S.A. 76-2049 and amendments
22       thereto by exchanging a specific tract or tracts of state-owned land, and
23       any improvements thereon, for the land described in K.S.A. 76-2049 and
24       amendments thereto, subject to approval of the terms of such agreement
25       by the legislature or the state finance council acting on this matter which
26       is hereby characterized as a matter of legislative delegation and subject
27       to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c and
28       amendments thereto. Any such tract or tracts of state-owned land shall
29       be of comparable value to the land described in K.S.A. 76-2049 and
30       amendments thereto.
31             (c) The land described in K.S.A. 76-2049 and amendments thereto
32       shall be acquired in the name of the state of Kansas and the state historical
33       society Kansas department of history and preservation shall not issue a
34       voucher in payment thereof under subsection (a) and shall not enter into
35       an exchange agreement under subsection (b) until the attorney general
36       shall have examined the abstract of title and deed to such land and has
37       determined that such conveyance will convey such land in fee simple to
38       the state of Kansas.
39             Sec.  92. K.S.A. 76-2051 is hereby amended to read as follows: 76-
40       2051. Upon acquisition of the property described in K.S.A. 76-2049 and
41       amendments thereto as authorized by this act, the same shall be placed
42       under the control and management of the state historical society and the
43       society shall have power to Kansas department of history and preserva-


61

  1       tion. The director of history and preservation may adopt such rules and
  2       regulations relating to the use, preservation, improvement, control and
  3       maintenance thereof.
  4             Sec.  93. K.S.A. 76-2054 is hereby amended to read as follows: 76-
  5       2054. Upon acquisition of the Lecompton constitutional hall and land
  6       described in K.S.A. 76-2052 and amendments thereto as authorized by
  7       this act, the same shall be placed under the control and management of
  8       the state historical society Kansas department of history and preservation
  9       and the society department shall establish and maintain such building and
10       land as a historical landmark and museum to be known as "historic Le-
11       compton constitutional hall." The society director of history and preser-
12       vation may adopt rules and regulations relating to the use, preservation,
13       improvement, control and maintenance of such building and land.
14             Sec.  94. K.S.A. 76-2056 is hereby amended to read as follows: 76-
15       2056. (a) The state historical society director of history and preservation
16       may permit the use of facilities and real property under the control of the
17       society Kansas department of history and preservation by groups for such
18       special events as the society director determines are in the public interest
19       and will further the purposes of the society Kansas department of history
20       and preservation. The society director of history and preservation shall
21       adopt policies and guidelines for such use, consistent with the provisions
22       of this section.
23             (b)  (1) The state historical society director of history and preserva-
24       tion may establish a schedule of reasonable fees for the use of its the
25       facilities or real property of the Kansas department of history and pres-
26       ervation pursuant to this section. The society shall remit All moneys re-
27       ceived from such fees shall be remitted to the state treasurer at least
28       monthly. Upon receipt of such moneys, the state treasurer shall deposit
29       the entire amount in the state treasury and credit it to the state historical
30       society facilities and real property fund which is hereby created. All ex-
31       penditures from such fund shall be made in accordance with appropria-
32       tion acts upon warrants of the director of accounts and reports issued
33       pursuant to vouchers approved by the secretary of the state historical
34       society or a person designated by the secretary. Moneys in the fund shall
35       be expended only for the purpose of paying costs associated with the use
36       of facilities or real property pursuant to this section, including compen-
37       sation of any personnel needed to oversee such use.
38             (2) On July 1, 2000, the director of accounts and reports shall transfer
39       all moneys in the state historical society facilities fund to the facilities and
40       real property fund of the Kansas department of history and preservation.
41       On July 1, 2000, all liabilities of the state historical society facilities fund
42       are hereby transferred to and imposed on the facilities and real property
43       fund of the Kansas department of history and preservation and the state


62

  1       historical society facilities fund is hereby abolished. On and after July 1,
  2       2000, whenever the state historical societies facilities fund, or words of
  3       like effect, is referred to or designated by a statute, contract or other
  4       document, such reference or designation shall be deemed to apply to the
  5       facilities and real property fund of the Kansas department of history and
  6       preservation.
  7             (c) Nothing in this section shall be construed to authorize a charge
  8       for general admission to a facility or real property under the control of
  9       the state historical society Kansas department of history and preservation
10       unless otherwise authorized by law.
11             (d) The state historical society director of history and preservation
12       may adopt such rules and regulations as necessary to implement and ad-
13       minister the provisions of this section.
14             Sec.  95. K.S.A. 77-138 is hereby amended to read as follows: 77-138.
15       (a) Volumes of the Kansas Statutes Annotated shall be printed and bound
16       by the director of printing and delivered to the secretary of state who
17       shall dispose of them as follows:
18             First, the secretary of state shall deposit in the supreme court law
19       library and in the state library such number of copies as the state law
20       librarian and the state librarian, respectively, shall request for use in the
21       law library and the state library, for the purposes of the publication col-
22       lection and depository system established under K.S.A. 75-2566 and
23       amendments thereto, and for the purpose of making exchanges with the
24       various states and territories, and the secretary of state shall retain one
25       set for the secretary's use in the secretary's office.
26             Second, (1) the secretary of state shall distribute two complete sets of
27       the Kansas Statutes Annotated to each member of the legislature at each
28       regular session, one set of which shall have the respective member's name
29       printed thereon.
30             (2) The secretary of state shall distribute such number of complete
31       sets and individual volumes of the Kansas Statutes Annotated (A) to the
32       office of revisor of statutes as the revisor of statutes shall request, (B) to
33       the legislative research department as the director of legislative research
34       shall request, (C) to the division of post audit as the post auditor shall
35       request, (D) to the division of legislative administrative services as the
36       director of legislative administrative services shall request, and (E) to the
37       judicial branch of state government as the chief justice of the supreme
38       court shall request.
39             (3) The secretary of state shall distribute: (A) Two sets to each rep-
40       resentative in congress and United States senator from the state of Kan-
41       sas, upon request by such representative or senator; (B) one set each to
42       the governor, lieutenant governor and attorney general; (C) to Washburn
43       university school of law, the number of sets, not to exceed 60 sets, that


63

  1       the librarian of the school of law certifies to the secretary of state as
  2       necessary for the purpose of exchanging with other states and territories
  3       and to be kept in the library for the use of faculty and students of the
  4       university; (D) to the school of law of the university of Kansas, the number
  5       of sets, not to exceed 60 sets, that the librarian of the school of law certifies
  6       to the secretary of state as necessary for the purpose of exchanging with
  7       other states and territories and to be kept in the library for the use of
  8       faculty and students of the university; (E) to the clerk of the district court
  9       of the United States for the state of Kansas, the number of sets, not to
10       exceed five sets, as are requested by such clerk; (F) one set to each county
11       law library in the state, upon request by the librarian thereof; (G) to each
12       county clerk, the number of sets requested by the county clerk, not to
13       exceed seven sets, to be distributed not more than one set each to the
14       county or district attorney, the county clerk, the county counselor, if any,
15       the register of deeds, the sheriff, the county treasurer, and the board of
16       county commissioners, which set shall be retained by the county clerk for
17       use by such board; (H) not more than one set to each city of the third
18       class, one set to each city of the second class and two sets to each city of
19       the first class, upon request by the city clerk; and (I) one set to the state
20       historical society library of the Kansas department of history and
21       preservation.
22             Third, the balance of statute books, after the above distribution shall
23       be kept by the secretary of state for sale.
24             (b) The secretary of state shall sell each volume of the Kansas Statutes
25       Annotated, including replacement volumes, at the per volume price fixed
26       therefor by the legislative coordinating council under this section. Gen-
27       eral index volumes, when sold separately and not as a part of a set of
28       cumulative supplements, shall be sold at the per volume price fixed there-
29       for by the legislative coordinating council. The secretary of state shall
30       remit all moneys received from such sales under this section to the state
31       treasurer at least monthly and the state treasurer shall deposit the entire
32       amount of each such remittance in the state treasury to the credit of the
33       state general fund.
34             (c) The legislative coordinating council shall fix the per volume price
35       of each volume of the Kansas Statutes Annotated, including replacement
36       volumes, sold under this section to recover the costs of printing and bind-
37       ing such volumes. The legislative coordinating council shall revise such
38       prices from time to time for the purposes of covering and recovering such
39       costs.
40             Sec.  96. K.S.A. 77-430 is hereby amended to read as follows: 77-430.
41       (a) The Kansas administrative regulations shall be printed by the director
42       of printing and delivered to the secretary of state who shall dispose of
43       them as follows:


64

  1             First, the secretary of state shall deposit in the supreme court law
  2       library and the state library such number of copies as the state law li-
  3       brarian and the state librarian, respectively, shall request for use in the
  4       law library and the state library, for purposes of the publication collection
  5       and depository system established under K.S.A. 75-2566 and amend-
  6       ments thereto, and for the purpose of exchange. The secretary of state
  7       shall distribute to the university of Kansas school of law and to Washburn
  8       university school of law the number of copies as the librarians of the
  9       schools of law, respectively, certify to the secretary of state as necessary
10       for the purpose of exchange. The secretary of state shall retain two copies
11       for use in the secretary of state's office.
12             Second, the secretary of state shall distribute:
13             (1) One copy to each member of the legislature at the time of taking
14       office, after election or appointment, for the member's first term of office
15       as a member of either house of the legislature which commences on or
16       after the second Monday of January in 1991, except that a term of office
17       as a member of either house of the legislature, whether a complete or
18       partial term of office, shall not be construed for purposes of this distri-
19       bution to be the member's first term of office if such term of office is
20       part of a continuous period of service as a member of either house of the
21       legislature or both houses of the legislature, in any combination of con-
22       secutive terms of office;
23             (2) one copy each to the governor, lieutenant governor, attorney gen-
24       eral and state historical society the library of the Kansas department of
25       history and preservation;
26             (3) to the several offices of the judicial branch of state government,
27       the number of copies necessary to conduct the official business of such
28       offices, as requested by the chief justice of the supreme court;
29             (4) two copies to the Washburn university school of law, for use in
30       the law library, and two copies to the university of Kansas school of law,
31       for use in the law library;
32             (5) one copy to each county law library, upon request by the librarian
33       thereof;
34             (6) one copy to the city library in each city of the first and second
35       classes, upon request by the librarian thereof; and
36             (7) one copy to each county library, upon request by the librarian
37       thereof.
38             Third, the secretary of state shall distribute to the several offices of the
39       legislative branch of government, the number of copies necessary to con-
40       duct the official business of such offices, as follows: (1) To the office of
41       revisor of statutes as the revisor of statutes shall request; (2) to the leg-
42       islative research department as the director of legislative research shall
43       request; (3) to the division of post audit as the post auditor shall request;


65

  1       and (4) to the division of legislative administrative services as the director
  2       of legislative administrative services shall request.
  3             Fourth, the balance of the Kansas administrative regulations after such
  4       distribution shall be kept by the secretary of state for sale as provided by
  5       this section.
  6             (b) The Kansas administrative regulations may be purchased in com-
  7       plete sets or in single volumes. Single volumes of the Kansas administra-
  8       tive regulations shall be sold by the secretary of state at the per volume
  9       price fixed by the secretary of state under this section. Complete sets of
10       the Kansas administrative regulations shall be sold by the secretary of
11       state at the per set price fixed therefor by the secretary of state under
12       this section. Copies may be delivered by postpaid mail by the secretary
13       of state.
14             (c) All moneys received from such sales shall be remitted to the state
15       treasurer at least monthly and the state treasurer shall deposit the entire
16       amount of each such remittance in the state treasury to the credit of the
17       state general fund.
18             (d) The secretary of state shall fix by rules and regulations the per
19       volume and complete set prices of the Kansas administrative regulations
20       sold under this section to recover the costs of printing and binding such
21       volumes. The secretary of state shall revise such prices from time to time
22       for the purposes of covering and recovering such costs.
23             Sec.  97. K.S.A. 82a-326 is hereby amended to read as follows: 82a-
24       326. When used in this act:
25             (a) "Water development project" means any project or plan which
26       may be allowed or permitted pursuant to K.S.A. 24-126, 24-1213, 82a-
27       301 et seq., and amendments thereto, or the multipurpose small lakes
28       program act, and amendments thereto;
29             (b) "environmental review agencies" means the:
30             (1) Kansas department of wildlife and parks;
31             (2) Kansas forest service;
32             (3) state biological survey;
33             (4) Kansas department of health and environment;
34             (5) state historical society Kansas department of history and
35       preservation;
36             (6) state conservation commission; and
37             (7) state corporation commission. 
38       Sec.  98. K.S.A. 12-17,104, 22a-232, 45-106, 45-116, 45-404, 45-405,
39       45-406, 58-2009, 58-2010, 58-4012, 64-106, 74-5402, 74-5406, 74-5408,
40       74-6614, 75-104, 75-1023, 75-2250, 75-2251, 75-2266, 75-2566, 75-2701,
41       75-2702, 75-2703, 75-2704, 75-2705, 75-2713, 75-2714, 75-2717, 75-
42       2718, 75-2719a, 75-2721, 75-2722, 75-2723, 75-2725, 75-2726, 75-2728,
43       75-2729, 75-2743, 75-2744, 75-2748, 75-2749, 75-2753, 75-3048, 75-


66

  1       3148, 75-3502, 75-3509, 76-2002d, 76-2005a, 76-2005b, 76-2007, 76-
  2       2007a, 76-2007f, 76-2011, 76-2012, 76-2015, 76-2016, 76-2017a, 76-2018,
  3       76-2019, 76-2022, 76-2024, 76-2027, 76-2028, 76-2031, 76-2033, 76-
  4       2035, 76-2039, 76-2043, 76-2047, 76-2048, 76-2050, 76-2051, 76-2054,
  5       76-2056, 77-138, 77-430 and 82a-326 and K.S.A. 1999 Supp. 12-120, 38-
  6       1506, 38-1607, 41-719, 41-719a, 45-412, 58-2011, 73-209, 74-9001, 74-
  7       9201 and 75-2935 are hereby repealed.
  8        Sec.  99. This act shall take effect and be in force from and after its
  9       publication in the statute book.