Ch. 171             1997 Session Laws of Kansas             1185

An Act relating to travel and tourism; concerning certain proposals; establishing a state
tourism fund; amending K.S.A. 74-9001 and K.S.A. 1996 Supp. 74-9002 and repealing
the existing sections.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. (a) There is hereby established in the state treasury
the state tourism fund. All moneys credited to the state tourism fund shall
only be used for expenditures for the purposes of developing new tourism
attractions in Kansas and to significantly expand existing tourism attrac-
tions in Kansas. Both public and private entities shall be eligible to apply
for funds under the provisions of this act.

(b) The secretary of commerce and housing shall administer the pro-
visions of this act. The secretary may adopt rules and regulations estab-
lishing criteria for obtaining grants and other expenditures from such fund
and other matters deemed necessary for the administration of this act.

(c) All expenditures from such fund shall be made in accordance with
appropriation acts upon warrants of the accounts and reports issued pur-
suant to vouchers approved by the secretary of commerce and housing
or the secretary's designee.

(d) The secretary of commerce and housing shall prepare and submit
budget estimates for all proposed expenditures from the state tourism
fund in accordance with the provisions of K.S.A. 75-3717 and 75-3717b
and amendments thereto. Such budget estimates shall include detailed
information regarding all proposed expenditures for programs, projects,
activities and other matters and shall set forth separately each program,
project, activity or other expenditure for which the proposed expenditures
from the state tourism fund for a fiscal year are for an amount that is
equal to $50,000 or more. Appropriations for the department of com-
merce and housing of moneys in the state tourism fund for each program,
project, activity or other expenditure for a fiscal year for an amount that
is equal to $50,000 or more shall be made as a separate item of appro-
priation.

1186             1997 Session Laws of Kansas             Ch. 171

(e) The legislature shall approve or disapprove of any itemized ex-
penditure from the state tourism fund.

(f) On or before the 10th of each month, the director of accounts and
reports shall transfer from the state general fund to the state tourism fund
established in subsection (a) interest earnings based on:

(1) The average daily balance of moneys in the state tourism fund for
the preceding month; and

(2) the net earnings rate of the pooled money investment portfolio
for the preceding month.

New Sec. 2. (a) The council on travel and tourism, established under
K.S.A. 74-9001, and amendments thereto, shall oversee all matters con-
cerning the state tourism fund and expenditures therefrom.

(b) The council, by a majority vote, shall determine for inclusion in
the department of commerce and housing budget expenditures from the
state tourism fund.

New Sec. 3. (a) The division of travel and tourism of the Kansas
department of commerce and housing shall prepare, with review and
input from the travel industry association of Kansas, a request for pro-
posals for a consultant to do a large scale study of public and private
tourism efforts in Kansas.

(b) A notice of the request for proposals shall be published once each
week for two consecutive weeks in a newspaper having general circulation
in the community at least 30 days before any action thereon. The request
for proposals shall also be posted on readily accessible bulletin boards in
all offices of the department of commerce and housing and sent else-
where as the director of travel and tourism development deems best.

(c) The request for proposals shall provide performance specifica-
tions, terms, conditions and other information as deemed advisable to
facilitate the submission of a comprehensive proposal, including, but not
limited to, the fact that the study will:

(1) Analyze the strengths, weaknesses, opportunities and threats that
face development of Kansas tourism;

(2) address the interrelationship between public and private sector
efforts in developing Kansas tourism;

(3) address the interrelationship between state and local interests in
developing Kansas tourism;

(4) make specific recommendations for the attraction, development
and improvement of tourism in Kansas; and

(5) be completed by January 1, 1998, with a report on the study's
results and recommendations derived therefrom to be presented to the
legislature, house committee on tourism, senate committee on transpor-
tation and tourism and to the governor during the 1998 legislative session.

(d) Once the requested proposals are submitted, it shall be the duty
of the council on travel and tourism, established under K.S.A. 74-9001,

Ch. 171             1997 Session Laws of Kansas             1187

and amendments thereto, to review the proposals and participate in the
interviewing process and final selection of a consultant.

(e) Following negotiations and development of the proposed agree-
ment, the council on travel and tourism shall approve the final contract.

(f) Once the consultant is selected and the contract approved under
this section, the selected plan's implementation shall be subject to over-
sight, review and approval by the council on travel and tourism.

(g) For the purposes of this section, the funds required to pay for the
study shall come from state funds taken from the economic development
initiatives fund under K.S.A. 79-4804, and amendments thereto which
are appropriated to the department of commerce and housing.

New Sec. 4. (a) The secretary of the Kansas department of com-
merce and housing and the secretary of wildlife and parks, together, shall
direct and implement a feasibility study regarding the potential of devel-
oping lake resorts in Kansas. The study shall consider ready access from
nearby interstate and interstate connected controlled access highways,
public transportation systems, facilities and any other factors that may
affect tourism to a given site. The study shall consider only sites at existing
state parks or lakes.

(b) The feasibility study shall be completed by January 1, 1998, with
a joint report on the study's results and recommendations derived there-
from to be presented to the legislature, house committee on tourism,
senate committee on transportation and tourism and to the governor dur-
ing the 1998 legislative session.

Sec. 5. K.S.A. 74-9001 is hereby amended to read as follows: 74-
9001. (a) There is hereby established the commission council on travel
and tourism. The commission council shall consist of 15 17 voting mem-
bers as follows: (1) One member of the senate appointed by the president
of the senate; (2) one member of the senate appointed by the minority
leader of the senate; (3) one member of the house of representatives
appointed by the speaker of the house of representatives; (4) one The
chairperson of the standing committee on transportation and tourism of
the senate, or a member of the senate appointed by the president of the
senate; (2) the vice-chairperson of the standing committee on transpor-
tation and tourism of the senate, or a member of the senate appointed by
the president of the senate; (3) the ranking minority member of the stand-
ing committee on transportation and tourism of the senate, or a member
of the senate appointed by the minority leader of the senate; (4) the chair-
person of the standing committee on tourism of the house of representa-
tives, or a member of the house of representatives appointed by the
speaker of the house of representatives; (5) the vice-chairperson of the
standing committee on tourism of the house of representatives, or a mem-
ber of the house of representatives appointed by the speaker of the house
of representatives; (6) the ranking minority member of the standing com-

1188             1997 Session Laws of Kansas             Ch. 171

mittee on tourism, or a member of the house of representatives appointed
by the minority leader of the house of representatives; and (5) (7) eleven
members appointed by the governor. Of the 11 members appointed by
the governor, one shall be appointed from a list of three nominations
made by the travel industry association of Kansas, one shall be appointed
from a list of three nominations made by the Kansas lodging association,
one shall be appointed from a list of three nominations made by the
Kansas restaurant association, one shall be appointed from a list of three
nominations made by the Kansas oil marketers and convenience store
association and seven shall be appointed to represent the general public.
In addition to the voting members of the commission council, four mem-
bers of the commission council shall serve ex officio: The secretary of
commerce, the secretary of transportation, the secretary of wildlife and
parks and the secretary of the state historical society. Each ex officio
member of the commission council may designate an officer or employee
of the state agency of the ex officio member to serve on the commission
council in place of the ex officio member. The ex officio members of the
commission council, or their designees, shall be nonvoting members of
the commission council and shall provide information and advice to the
commission council.

(b) Legislator members shall be appointed for terms coinciding with
the terms for which such members are elected, except that on July 1,
1997, the four legislator members serving on the commission immediately
prior to such date shall cease to be members of the council and the leg-
islator members specified in paragraphs (1) and (2) of subsection (a) shall
serve on the council. Of the 11 members first appointed by the governor,
six shall be appointed for terms of three years and five shall be appointed
for terms of two years as determined by the governor. Thereafter, all
members appointed by the governor shall be appointed for terms of three
years. All members appointed to fill vacancies in the membership of the
commission council and all members appointed to succeed members ap-
pointed to membership on the commission council shall be appointed in
like manner as that provided for the original appointment of the member
succeeded.

(c) The governor shall designate annually As soon as possible after
the effective date of this act and on July 1, thereafter, the council shall
elect a chairperson and vice-chairperson for the commission from among
its members. The commission council shall meet at least four times each
year at the call of the chairperson of the commission council. Eight Nine
voting members of the commission council shall constitute a quorum.

(d) Members of the commission council attending meetings of such
commission council, or attending a subcommittee meeting thereof au-
thorized by such commission council, shall be paid amounts for mileage
as provided in subsection (c) of K.S.A. 75-3223 and amendments thereto,
or a lesser amount as determined by the secretary of commerce. Amounts

Ch. 171             1997 Session Laws of Kansas             1189

paid under this subsection (d) to ex officio members of the commission
council, or their designees, shall be from appropriations to the state agen-
cies of which such members are officers or employees upon warrants of
the director of accounts and reports issued pursuant to vouchers approved
by the chief administrative officers of such agencies. Amounts paid under
this subsection (d) to voting members of the commission council shall be
from moneys available for the payment of such amounts upon warrants
of the director of accounts and reports issued pursuant to vouchers ap-
proved by the chairperson of the commission council.

Sec. 6. K.S.A. 1996 Supp. 74-9002 is hereby amended to read as
follows: 74-9002. The commission council on travel and tourism shall: (a)
Advise the department of commerce and housing in the development and
implementation of the state's tourism marketing and business develop-
ment program including, but not limited to, long-range strategies for at-
tracting visitors to the state; (b) report to the department of commerce
and housing information for preparation of the annual budget for the
division of travel and tourism development; (c) identify and review tour-
ism related issues and current state policies and programs which directly
or indirectly affect travel and tourism in the state and, as appropriate,
recommend the adoption of new, or the modification of existing, policies
and programs; (d) prepare and submit as a part of the annual report of
the department of commerce and housing, pursuant to K.S.A. 1996 Supp.
74-5049, and amendments thereto, a report of findings and recommen-
dations of the commission council concerning the promoting of travel and
tourism in Kansas and such related matters as the commission council
deems appropriate; and (e) perform such other acts as may be necessary
in carrying out the duties of the commission council.

Sec. 7. K.S.A. 74-9001 and K.S.A. 1996 Supp. 74-9002 are hereby
repealed.

Sec. 8. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 15, 1997.