Session of 2000
         
HOUSE BILL No. 2786
         
By Representative Kuether
         
2-1
         

  9             AN  ACT concerning state moneys; providing for low interest loans for
10             heritage tourism and historic preservation; linked deposits; historic
11             heritage preservation fund; amending K.S.A. 75-4209 and 75-4237 and
12             repealing the existing sections; also repealing K.S.A. 75-2729 and 79-
13             3107b.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             New Section  1. The provisions of sections 1 through 10, and amend-
17       ments thereto, shall be known and may be cited as the Kansas heritage
18       tourism and historic preservation linked deposit act.
19             New Sec.  2. As used in this act:
20             (a) "Heritage tourism and historic preservation linked deposit" means
21       an investment account placed by the director of investments under the
22       provisions of article 42 of chapter 75 of the Kansas Statutes Annotated,
23       and amendments thereto, with an eligible lending institution for the pur-
24       pose of carrying out the intent of this act;
25             (b) "heritage tourism and historic preservation loan package" means
26       the forms created by and provided by the state treasurer for the purpose
27       of applying for a heritage tourism and historic preservation linked deposit;
28             (c) "eligible lending institution" means a bank, as defined under
29       K.S.A. 75-4201, and amendments thereto, that agrees to participate in
30       the Kansas heritage tourism and historic preservation linked deposit pro-
31       gram and is eligible to be a depository of state funds; and
32             (d) "person" means a natural person, individual, public or private
33       corporation, government, partnership or unincorporated association.
34             New Sec.  3. (a) (1) There is hereby established in the state treasury
35       the historic heritage preservation fund which shall be administered by
36       the state treasurer. All moneys deposited in the historic heritage preser-
37       vation fund shall be used for the purpose of awarding low interest loans
38       to assist historic preservation projects involving property included in the
39       national register of historic places or the state register of historic places,
40       excluding property owned by the state or federal government, and shall
41       be used by the state treasurer for the administration of the heritage tour-
42       ism and historic preservation linked deposit act. For-profit corporation
43       applicants shall be assisted only if the property's continued historic exis-


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  1       tence is threatened or its rehabilitation is not economically feasible with-
  2       out the low interest linked deposit loan assistance. The state treasurer
  3       shall ensure that such moneys are expended for the purpose of this sec-
  4       tion, and may adopt rules and regulations as necessary to carry out the
  5       purpose of this section.
  6             (2) In evaluating low interest linked deposit loan applications involv-
  7       ing historic preservation projects under subsection (a)(1), the state his-
  8       torical society shall verify whether the applicant's project is a historic
  9       preservation project involving property included in the national or state
10       register of historic places and assess and comment on the following fac-
11       tors: The level of historical significance of the property; the condition of
12       the property; the urgency of the preservation work proposed; whether or
13       not the property is endangered and the type of work proposed.
14             (3) The state historical preservation officer may inspect a rehabili-
15       tated property at any time during the five-year period after the low in-
16       terest linked deposit is approved and may revoke or invalidate the ap-
17       proval if work was not undertaken as presented in the loan application or
18       if further unapproved alterations have been made. Modifications made
19       during the five-year period following the approval of the loan shall be
20       made in accordance with standards established by the state historical
21       society.
22             (b) Except as otherwise provided in this section, all expenditures from
23       the historic heritage preservation fund shall be made in accordance with
24       appropriation acts upon warrants of the director of accounts and reports
25       issued pursuant to vouchers approved by the state treasurer or the state
26       treasurer's designee.
27             New Sec.  4. (a) On July 1, 2000, the director of accounts and reports
28       shall transfer all moneys in the heritage trust fund to the state general
29       fund. On July 1, 2000, all liabilities of heritage trust fund are hereby
30       transferred to and imposed on the state general fund and the heritage
31       trust fund is hereby abolished.
32             (b) On July 1, 2000, the director of accounts and reports shall transfer
33       $3,600,000 from the state general fund to the historic heritage preser-
34       vation fund.
35             New Sec.  5. (a) The state treasurer shall create the proper applica-
36       tion forms for persons applying for a heritage tourism and historic pres-
37       ervation linked deposit loan.
38             (b) The state treasurer shall administer the Kansas heritage tourism
39       and historic preservation linked deposit program. Such program shall be
40       for the exclusive purpose of providing incentives for the making of loans
41       for the restoration and preservation of heritage tourism and historic pres-
42       ervation sites.
43             (c) The state treasurer shall adopt rules and regulations to carry out


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  1       the provisions of this act.
  2             (d) The state treasurer shall charge, impose and collect administrative
  3       fees in connection with each linked deposit loan granted and transfer such
  4       fees to the state general fund.
  5             (e) The state treasurer shall submit an annual report outlining the
  6       status of the program to the governor and the legislature.
  7             New Sec.  6. (a) The state treasurer shall disseminate information and
  8       to provide heritage tourism and historic preservation linked deposit loan
  9       packages to lending institutions eligible for participation in this act.
10             (b) The heritage tourism and historic preservation linked deposit loan
11       package application shall be completed by the borrower and sent to the
12       state historical society which shall verify that the project meets the criteria
13       in section 3, and amendments thereto, before forwarding it to the lending
14       institution for consideration.
15             (c)  (1) An eligible lending institution that agrees to receive a heritage
16       tourism and historic preservation linked deposit shall accept and review
17       applications for loans from eligible heritage tourism and historic preser-
18       vation applicants. The lending institution shall apply all usual lending
19       standards to determine the credit worthiness of eligible applicants. No
20       single linked deposit loan for the purposes of sections 1 through 10, and
21       amendments thereto, shall exceed $100,000. The total amount of the
22       linked deposit loans shall not exceed $3,000,000 in any one year.
23             (2) Only one linked deposit loan shall be made and be outstanding
24       at any one time to any heritage tourism and historic preservation
25       applicant.
26             (3) No loan shall be amortized for a period of more than 10 years.
27             (d) An eligible heritage tourism and historic preservation applicant
28       shall certify on its loan application that the reduced rate loan will be used
29       exclusively for the purposes of this act.
30             (e) The eligible lending institution may approve or reject a heritage
31       tourism and historic preservation linked deposit loan package based on
32       the lending institution's evaluation of the eligible heritage tourism and
33       historic preservation project included in the package, the amount of the
34       individual loan in the package and other appropriate considerations.
35             (f) The eligible lending institution shall forward to the state treasurer
36       an approved linked deposit loan package in the form and manner pre-
37       scribed and approved by the state treasurer. The package shall include
38       information regarding the amount of the loan requested by each heritage
39       tourism and historic preservation applicant and such other information
40       regarding each project that the state treasurer requires, including certi-
41       fication by the applicant that such applicant is an eligible project
42       borrower.
43             New Sec.  7. (a) The state treasurer may accept or reject a heritage


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  1       tourism and historic preservation linked deposit loan package based on
  2       the state treasurer's evaluation of whether the loan to the eligible appli-
  3       cant meets the purposes of this act.
  4             (b) The state treasurer shall consider the following factors when eval-
  5       uating the project application: The geographical distribution of assisted
  6       properties; the administrative ability of the applicant; the potential benefit
  7       to the community and the state; community support for the project; in-
  8       eligibility of the project for other funds and an assessment of the need of
  9       the owner for the loan assistance to do the project. If sufficient funds are
10       not available for a linked deposit loan, then applications may be consid-
11       ered in the order received when funds are once again available subject
12       to a review by the lending institution.
13             (c) Upon acceptance, the state treasurer shall certify to the director
14       of investments the amount required for such heritage tourism and historic
15       preservation linked deposit loan package from the historic heritage pres-
16       ervation fund. The director of investments shall then place the linked
17       deposit in the amount certified by the state treasurer with the eligible
18       lending institution at a 2% interest rate. When necessary, the state trea-
19       surer may request the director of investments to place such linked deposit
20       prior to acceptance of the loan package.
21             (d) The eligible lending institution shall enter into a heritage tourism
22       and historic preservation linked deposit agreement with the state trea-
23       surer, which shall include requirements necessary to implement the pur-
24       poses of the Kansas heritage tourism and historic preservation linked de-
25       posit program. Such requirements shall include an agreement by the
26       eligible lending institution to lend an amount equal to the linked deposit
27       to eligible heritage tourism and historic preservation applicants at an in-
28       terest rate that does not exceed 6%. The agreement shall include provi-
29       sions for such linked deposit to be placed for a maturity considered ap-
30       propriate in coordination with the underlying linked deposit loan. The
31       agreement shall include provisions for the reduction of such linked de-
32       posit in an amount equal to any payment of loan principal by the eligible
33       heritage tourism and historic preservation project.
34             New Sec.  8. (a) Upon placement of a heritage tourism and historic
35       preservation linked deposit with an eligible lending institution, the insti-
36       tution shall fund the loan to each approved linked deposit loan applicant
37       in accordance with the institution and the state treasurer. The loan shall
38       be at a rate as provided in section 7, and amendments thereto. A certi-
39       fication of compliance with this section in the form and manner as pre-
40       scribed by the state treasurer shall be required of all eligible lending
41       institutions.
42             (b) The state treasurer shall take any and all steps necessary to im-
43       plement the Kansas heritage tourism and historic preservation linked de-


5

  1       posit program.
  2             New Sec.  9. The state and state treasurer shall not be liable to any
  3       eligible lending institution in any manner for payment of the principal or
  4       interest on the loan to an approved project. Any delay in payments or
  5       default on the part of an approved program participant does not in any
  6       manner affect the heritage tourism and historic preservation linked de-
  7       posit agreement between the eligible lending institution and the state
  8       treasurer.
  9             New Sec.  10. (a) Except as provided in subsection (b), the county
10       treasurer shall pay quarterly to the state treasurer, commencing on Oc-
11       tober 1, 2000, $.03 of each $.26 paid to the county treasurer during the
12       preceding calendar quarter from mortgage registration fees under K.S.A.
13       79-3101 to 79-3107, inclusive, and amendments thereto, and credited to
14       the county general fund under K.S.A. 79-3104, and amendments thereto.
15       All such moneys paid to the state treasurer shall be deposited in the state
16       treasury and credited to the historic heritage preservation fund.
17             (b) No payments under subsection (a) shall be made by the county
18       treasurer to the state treasurer during any calendar year in excess of a
19       total of $300,000. All moneys collected in excess of this amount which
20       under subsection (a) would be paid to the state treasurer shall be credited
21       to the county general fund.
22             Sec.  11. K.S.A. 75-4209 is hereby amended to read as follows: 75-
23       4209. (a) The director of investments may invest and reinvest state mon-
24       eys eligible for investment which are not invested in accordance with
25       K.S.A. 75-4237, and amendments thereto, in the following investments:
26             (1) Direct obligations of, or obligations that are insured as to principal
27       and interest by, the United States of America or any agency thereof and
28       obligations and securities of the United States sponsored enterprises
29       which under federal law may be accepted as security for public funds, on
30       and after the effective date of this act moneys available for investment
31       under this subsection shall not be invested in mortgage-backed securities
32       of such enterprises and of the government national mortgage association,
33       except that any such mortgage-backed securities held prior to the effec-
34       tive date of this act may be held to maturity;
35             (2) repurchase agreements with a bank or a primary government se-
36       curities dealer which reports to the market reports division of the federal
37       reserve bank of New York for direct obligations of, or obligations that are
38       insured as to principal and interest by, the United States government or
39       any agency thereof and obligations and securities of United States gov-
40       ernment sponsored enterprises which under federal law may be accepted
41       as security for public funds; and
42             (3) commercial paper that does not exceed 270 days to maturity and
43       which has received one of the two highest commercial paper credit ratings


6

  1       by a nationally recognized investment rating firm.
  2             (b) When moneys are available for deposit or investments, the direc-
  3       tor of investments may invest in SKILL act projects and bonds pursuant
  4       to K.S.A. 1997 1999 Supp. 74-8920, and amendments thereto, and in state
  5       agency bonds and bond projects.
  6             (c) When moneys are available for deposits or investments, the di-
  7       rector of investments may invest in preferred stock of Kansas venture
  8       capital, inc., under terms and conditions prescribed by K.S.A. 74-8203,
  9       and amendments thereto, but such investments shall not in the aggregate
10       exceed a total amount of $10,000,000.
11             (d) When moneys are available for deposits or investments, the di-
12       rector of investments may invest in loans pursuant to legislative mandates,
13       except that not more than the lesser of 10% or $80,000,000 of the state
14       moneys shall be invested.
15             (e) Interest on investment accounts in banks is to be paid at maturity,
16       but not less than annually.
17             (f) Investments made by the director of investments under the pro-
18       visions of this section shall be made with judgment and care, under cir-
19       cumstances then prevailing, which persons of prudence, discretion and
20       intelligence exercise in the management of their own affairs, not for spec-
21       ulation, but for investment, considering the probable safety of their capital
22       as well as the probable income to be derived.
23             (g) Investments under subsection (a) or (b) of this section or under
24       K.S.A. 75-4237, and amendments thereto, shall be for a period not to
25       exceed four years, except that heritage tourism and historic preservation
26       linked deposits authorized under the provisions of sections 1 through 10,
27       and amendments thereto, shall not exceed a period of 10 years.
28             (h) Investments in securities under paragraph (1) of subsection (a)
29       shall be limited to securities which do not have any more interest rate
30       risk than do direct United States government obligations of similar ma-
31       turities. For purposes of this subsection, "interest rate risk" means market
32       value changes due to changes in current interest rates.
33             (i) The director of investments shall not invest state moneys eligible
34       for investment under subsection (a), in the municipal investment pool
35       fund, created under K.S.A. 1997 1999 Supp. 12-1677a, and amendments
36       thereto.
37             (j) The director of investments shall not invest moneys in the pooled
38       money investment portfolio in derivatives. As used in this subsection,
39       "derivatives" means a financial contract whose value depends on the value
40       of an underlying asset or index of asset values.
41             (k) Moneys and investments in the pooled money investment port-
42       folio shall be invested and reinvested by the director of investments in
43       accordance with investment policies developed, approved, published and


7

  1       updated on an annual basis by the board. Such investment policies shall
  2       include at a minimum guidelines which identify credit standards, eligible
  3       instruments, allowable maturity ranges, methods for valuing the portfolio,
  4       calculating earnings and yields and limits on portfolio concentration for
  5       each type of investment. Any changes in such investment policies shall
  6       be approved by the pooled money investment board. Such investment
  7       policies may specify the contents of reports, methods of crediting funds
  8       and accounts and other operating procedures.
  9             (l) The board shall adopt rules and regulations to establish an overall
10       percentage limitation on the investment of moneys in investments au-
11       thorized under paragraph (3) of subsection (a), and within such author-
12       ized investment, the board shall establish a percentage limitation on the
13       investment in any single business entity.
14             Sec.  12. K.S.A. 75-4237 is hereby amended to read as follows: 75-
15       4237. (a) The director of investments shall accept requests from banks
16       interested in obtaining investment accounts of state moneys. Such re-
17       quests may be submitted any business day and shall specify the dollar
18       amount, maturity or maturity range and interest rate. If the interest rate
19       bid by the bank is at or greater than the market rate determined by the
20       director of investments in accordance with subsection (b), the director of
21       investments is authorized to award the investment account to the bidding
22       bank at the market rate. Awards of investment accounts pursuant to this
23       section shall be subject to investment policies of the pooled money in-
24       vestment board. When multiple bids are received and are in excess of the
25       amount available for investment that day for any maturity, awards shall
26       be made available in ascending order from smallest to largest dollar
27       amount bid, subject to investment policies of the board.
28             (b) The market rate shall be determined each business day by the
29       director of investments, in accordance with any procedures established
30       by the pooled money investment board. Subject to any policies of the
31       board, the market rate shall reflect the highest rate at which state moneys
32       can be invested on the open market in investments authorized by sub-
33       section (a) of K.S.A. 75-4209 and amendments thereto for equivalent
34       maturities.
35             (c) Notwithstanding the provisions of this section, heritage tourism
36       and historic preservation linked deposits made pursuant to the provisions
37       of sections 1 through 10, and amendments thereto, shall be at 2% interest
38       rate. 
39       Sec.  13. K.S.A. 75-2729, 75-4209, 75-4237 and 79-3107b are hereby
40       repealed.
41        Sec.  14. This act shall take effect and be in force from and after its
42       publication in the statute book.