CHAPTER 92 HOUSE BILL No. 2899 (Amended by Chapter 191)
      An Act concerning the department of wildlife and parks; relating to the development of
      lake resorts, funding, negotiations; duties; amending K.S.A. 32-867, 32-869 and 32-873
      and K.S.A. 1997 Supp. 41-719 and repealing the existing sections.

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

New Section 1. The feasibility study required under K.S.A. 32-874,
and amendments thereto, being completed, the secretary of commerce
and housing, the secretary of wildlife and parks and the secretary of trans-
portation will develop an incentive plan outlining the state of Kansas'
commitment toward building a lake resort which shall include, but not
limited to, infrastructure improvements, utility improvements and tax in-
centives to be offered for sites at, including, but not limited to the six
state parks selected in the feasibility study reported to the 1998 legisla-
ture: Cheney, Clinton, El Dorado, Hillsdale, Perry and Milford.

New Sec. 2. Once the state incentive packages are agreed upon, the
secretary of wildlife and parks, under K.S.A. 32-807, 32-830 and 32-831,
and amendments thereto, and the secretary of commerce and housing
under K.S.A. 74-5005, and amendments thereto, will take the incentive
package for each lake resort site to communities adjacent to each state
park, revealing what the state is willing to commit to the development of
a lake resort near each lake resort community and negotiate and deter-
mine what each community is willing to offer as an incentive to have the
lake resort develop near its community.

New Sec. 3. The secretary of wildlife and parks, if necessary, shall
negotiate and contract with the United States corps of engineers, bureau
of reclamation, or other federal agency under K.S.A. 32-824, 32-825,
32-826 and 32-845, and amendments thereto, regarding a selected site
and seek the necessary legislative approval under K.S.A. 32-843, and
amendments thereto.

New Sec. 4. (a) When the incentive packages for each of the lake
resorts is determined, the secretary of wildlife and parks and the secretary
of commerce and housing shall develop requests for proposals which in-
clude the incentive packages for each site. The proposals received from
developers under subsection (h)(6) of K.S.A. 32-807, and amendments
thereto, shall be sealed.

(b) The department of wildlife and parks and the department of com-
merce and housing shall advertise for proposal plans with bids for devel-
opment of sites selected under K.S.A. 32-867, 32-868, 32-871 and 32-
872, and amendments thereto. Advertisements for proposals with bids
shall be published in the Kansas register and once each week for two
consecutive weeks in a newspaper having general circulation in the com-
munity at least 60 days before the time for receiving the proposals with
bids. The advertisement shall also be posted on readily accessible bulletin
boards in all offices of the two departments and on the information net-
work of Kansas. The advertisement shall identify the area to be developed,
the purpose of the development and shall state that such further infor-
mation as is available may be obtained from either departments' office in
Topeka.

The two secretaries shall consider all proposals with bids submitted,
the financial and legal ability of the private sector developers making such
proposals with bids to carry them out and may negotiate with any private
sector developer for a proposal with bid. The secretaries may accept such
proposal with bid as it deems to be in the public interest and in further-
ance of the purposes of this act.

(c) Once proposals are received from developers wishing to contract
for building the resort, the secretary of wildlife and parks utilizing powers
and authority granted under K.S.A. 32-807, 32-862, 32-863 and 32-867
through 32-872, and amendments thereto, and the secretary of commerce
and housing under K.S.A. 74-5005, and amendments thereto, shall select,
negotiate and contract for the construction of a lake resort which shall be
operated as a private concession and developed with private funding to
include, but not limited to, the issuance of revenue bonds under K.S.A.
32-857 through 32-864, and amendments thereto.

(d) The secretary of wildlife and parks and the secretary of commerce
and housing may engage a private consultant to assist in the development
of a contract for the selected site. Consistent with the powers and au-
thority granted to the secretary of wildlife and parks, the secretary may
waive any relevant park fees, obtain revenue from the resort and resort
facilities and include penalty provisions in the contract regarding non-
performance by the operator and developer of the resort.

(e) The secretary of wildlife and parks and the secretary of commerce
and housing shall not seek approval under K.S.A. 32-873, and amend-
ments thereto, until the requirements of subsections (a) through (d) are
satisfied.

Sec. 5. K.S.A. 32-867 is hereby amended to read as follows: 32-867.
As used in K.S.A. 32-867 through 32-873 and sections 1 through 4, and
amendments thereto, unless the context otherwise requires:

(a) ``Resort'' means the comprehensive collection of land, buildings
and facilities authorized to be acquired, constructed and operated for the
use of the public for vacation, convention or recreational purposes.

(b) ``Facilities'' means and includes, but is not limited to, any building,
drive, access road, air strip, restaurant, lodge, pavilion, tennis court, golf
course, parking lot, beach, bathhouse, dock or other improvement or any
equipment necessary, in the opinion of the secretary, for use in connec-
tion with the acquisition, construction, operation or management of a
resort authorized by K.S.A. 32-867 through 32-873 or sections 1 through
4, and amendments thereto.

(c) ``Site'' means a geographical location selected by the secretary
pursuant to K.S.A. 32-871 section 4, and amendments thereto, for instal-
lation of a resort.

Sec. 6. K.S.A. 32-869 is hereby amended to read as follows: 32-869.
The secretary Kansas development finance authority is hereby authorized
to issue, pursuant to K.S.A. 32-857 through 32-864, and amendments
thereto, revenue bonds in an amount or amounts not to exceed
$10,000,000 $30,000,000 for any one resort. The proceeds from the sale
of such bonds shall be used, together with any other funds available for
such purpose, to acquire and hold title to a site for and to construct and
equip a resort on state-owned or leased property under the jurisdiction
of the department of wildlife and parks. The bonds, and interest thereon,
issued pursuant to this section shall be payable solely by the private sector
developer from revenues to be derived from to include, but not limited
to, resort charges, rentals and fees collected by the secretary for use of
the resort or from user fees or motor vehicle fees collected pursuant to
K.S.A. 32-901 and fees and charges collected pursuant to subsection (h)
of K.S.A. 32-807, such payment to be in lieu of lease payments and shall
never be deemed to be obligations an obligation or indebtedness of the
state within the meaning of section 6 of article 11 of the constitution of
the state of Kansas.

Sec. 7. K.S.A. 32-873 is hereby amended to read as follows: 32-873.
Notwithstanding the provisions of K.S.A. 32-867 through 32-872, the se-
lection of any site by the secretary of wildlife and parks and secretary of
commerce and housing pursuant to K.S.A. 32-871 section 4, and amend-
ments thereto, shall not become final, nor shall the secretary issue any
revenue bonds be issued for the resort development, until the site so
selected and the amount of the bonds proposed to be issued have been
approved by the legislature or the state finance council acting on this
matter which is hereby characterized as a matter of legislative delegation
and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-
3711c, and amendments thereto.

Sec. 8. K.S.A. 1997 Supp. 41-719 is hereby amended to read as fol-
lows: 41-719. (a) No person shall drink or consume alcoholic liquor on
the public streets, alleys, roads or highways or inside vehicles while on
the public streets, alleys, roads or highways.

(b) No person shall drink or consume alcoholic liquor on private
property except:

(1) On premises where the sale of liquor by the individual drink is
authorized by the club and drinking establishment act;

(2) upon private property by a person occupying such property as an
owner or lessee of an owner and by the guests of such person, if no charge
is made for the serving or mixing of any drink or drinks of alcoholic liquor
or for any substance mixed with any alcoholic liquor and if no sale of
alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
takes place;

(3) in a lodging room of any hotel, motel or boarding house by the
person occupying such room and by the guests of such person, if no
charge is made for the serving or mixing of any drink or drinks of alcoholic
liquor or for any substance mixed with any alcoholic liquor and if no sale
of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
takes place;

(4) in a private dining room of a hotel, motel or restaurant, if the
dining room is rented or made available on a special occasion to an in-
dividual or organization for a private party and if no sale of alcoholic liquor
in violation of K.S.A. 41-803, and amendments thereto, takes place; or

(5) on the premises of a microbrewery or farm winery, if authorized
by K.S.A. 41-308a or 41-308b, and amendments thereto.

(c) No person shall drink or consume alcoholic liquor on public prop-
erty except:

(1) On real property leased by a city to others under the provisions
of K.S.A. 12-1740 through 12-1749, and amendments thereto, if such real
property is actually being used for hotel or motel purposes or purposes
incidental thereto.

(2) In any state-owned or operated building or structure, and on the
surrounding premises, which is furnished to and occupied by any state
officer or employee as a residence.

(3) On premises licensed as a club or drinking establishment and
located on property owned or operated by an airport authority created
pursuant to chapter 27 of the Kansas Statutes Annotated or established
by a city having a population of more than 200,000.

(4) On the state fair grounds on the day of any race held thereon
pursuant to the Kansas parimutuel racing act.

(5) On the state fairgrounds, if such liquor is domestic wine or wine
imported under subsection (e) of K.S.A. 41-308a, and amendments
thereto, and is consumed only for purposes of judging competitions.

(6) In the state historical museum provided for by K.S.A. 76-2036,
and amendments thereto, on the surrounding premises and in any other
building on such premises, as authorized by rules and regulations of the
state historical society.

(7) On the premises of any state-owned historic site under the juris-
diction and supervision of the state historical society, on the surrounding
premises and in any other building on such premises, as authorized by
rules and regulations of the state historical society.

(8) In a lake resort within the meaning of K.S.A. 32-867, and amend-
ments thereto, on state-owned or leased property.

(8) (9) On property exempted from this subsection (c) pursuant to
subsection (d), (e), (f), (g) or (h).

(d) Any city may exempt, by ordinance, from the provisions of sub-
section (c) specified property the title of which is vested in such city.

(e) The board of county commissioners of any county may exempt,
by resolution, from the provisions of subsection (c) specified property the
title of which is vested in such county.

(f) The state board of regents may exempt from the provisions of
subsection (c) specified property which is under the control of such board
and which is not used for classroom instruction, where alcoholic liquor
may be consumed in accordance with policies adopted by such board.

(g) The board of regents of Washburn university may exempt from
the provisions of subsection (c) the Mulvane art center and the Bradbury
Thompson alumni center on the campus of Washburn university, and
other specified property the title of which is vested in such board and
which is not used for classroom instruction, where alcoholic liquor may
be consumed in accordance with policies adopted by such board.

(h) Any city may exempt, by ordinance, from the provisions of sub-
section (c) any national guard armory in which such city has a leasehold
interest, if the Kansas military board consents to the exemption.

(i) Violation of any provision of this section is a misdemeanor punish-
able by a fine of not less than $50 or more than $200 or by imprisonment
for not more than six months, or both.

New Sec. 9. The secretary of wildlife and parks and the secretary of
commerce and housing shall present a joint report concerning negotia-
tions, site selection, and status of the resort to the legislature, house com-
mittee on tourism, senate committee on transportation and tourism and
to the governor during the 1999 legislative session.

Sec. 10. K.S.A. 32-867, 32-869 and 32-873 and K.S.A. 1997 Supp.
41-719 are hereby repealed.

Sec. 11. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 9, 1998

Published in the Kansas Registers April 16, 1998

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