H Sub. for SB 168--
Session of 1997
House Substitute for SENATE BILL No. 168
By Committee on Tourism
9 AN ACT relating to travel and tourism; establishing a state tourism fund
10 and a council on tourism; concerning requests for proposals; amending
11 K.S.A. 1996 Supp. 79-4801 and repealing the existing section.
13 Be it enacted by the Legislature of the State of Kansas:
14 New Section 1. (a) There is hereby established in the state treasury
15 the state tourism fund. All moneys credited to the state tourism fund shall
16 only be used for expenditures for the purposes of developing new tourism
17 attractions in Kansas and to significantly expand existing tourism attrac-
18 tions in Kansas. Both public and private entities shall be eligible to apply
19 for funds under the provisions of this act.
20 (b) The secretary of commerce and housing shall administer the pro-
21 visions of this act. The secretary may adopt rules and regulations estab-
22 lishing criteria for obtaining grants and other expenditures from such fund
23 and other matters deemed necessary for the administration of this act.
24 (c) All expenditures from such fund shall be made in accordance with
25 appropriation acts upon warrants of the accounts and reports issued pur-
26 suant to vouchers approved by the secretary of commerce and housing
27 or the secretary's designee.
28 (d) The secretary of commerce and housing shall prepare and submit
29 budget estimates for all proposed expenditures from the state tourism
30 fund in accordance with the provisions of K.S.A. 75-3717 and 75-3717b
31 and amendments thereto. Such budget estimates shall include detailed
32 information regarding all proposed expenditures for programs, projects,
33 activities and other matters and shall set forth separately each program,
34 project, activity or other expenditure for which the proposed expenditures
35 from the state tourism fund for a fiscal year are for an amount that is
36 equal to $50,000 or more. Appropriations for the department of com-
37 merce and housing of moneys in the state tourism fund for each program,
38 project, activity or other expenditure for a fiscal year for an amount that
39 is equal to $50,000 or more shall be made as a separate item of appro-
41 (e) The legislature shall approve or disapprove of any itemized ex-
42 penditure from the state tourism fund.
43 (f) On or before the 10th of each month, the director of accounts and
H Sub. for SB 168
1 reports shall transfer from the state general fund to the state tourism fund
2 established in subsection (a) interest earnings based on:
3 (1) The average daily balance of moneys in the state tourism fund for
4 the preceding month; and
5 (2) the net earnings rate of the pooled money investment portfolio
6 for the preceding month.
7 New Sec. 2. (a) There is hereby established a council on tourism.
8 The council shall consist of the following nine members:
9 (1) The secretary of commerce and housing or the secretary's des-
11 (2) The secretary of wildlife and parks or the secretary's designee;
12 (3) the executive director of the travel industry association of Kansas
13 or the executive director's designee;
14 (4) the chairperson and ranking minority member of the house tour-
15 ism committee;
16 (5) the chairperson and ranking minority member of the senate trans-
17 portation and tourism committee;
18 (6) the chairperson of the governor's travel and tourism commission;
20 (7) one member at large from the state appointed by the governor.
21 (b) The council shall elect a chairperson, vice-chairperson and sec-
22 retary from among its members and shall meet at the call of the chair-
24 New Sec. 3. (a) The council on tourism shall oversee all matters con-
25 cerning the state tourism fund and expenditures therefrom.
26 (b) The council shall, by a majority vote, determine for inclusion in
27 the department of commerce and housing budget expenditures from the
28 state tourism fund.
29 (c) The members of the council attending meetings of the council
30 authorized by the chairperson shall receive no compensation for their
31 services but shall be paid subsistence allowances, mileage and other ex-
32 penses as provided in subsections (b), (c) and (d) of K.S.A. 75-3223 and
33 amendments thereto out of the budget appropriations for the department
34 of commerce and housing.
35 Sec. 4. K.S.A. 1996 Supp. 79-4801 is hereby amended to read as
36 follows: 79-4801. There is hereby created the state gaming revenues fund
37 in the state treasury. All moneys credited to such fund shall be expended
38 or transferred only for the purposes and in the manner provided by this
39 act and all expenditures from the state gaming revenues fund shall be
40 made in accordance with appropriation acts. All moneys credited to such
41 fund shall be allocated and credited monthly to the funds and in the
42 amounts specified by this act except that the total of the amounts credited
43 to such funds in any one fiscal year pursuant to this act shall not exceed
H Sub. for SB 168
1 $50,000,000. All amounts credited to such fund in any one fiscal year
2 which are in excess of $50,000,000 shall be transferred and credited to
3 the state general fund on
July 15, 1996, and June 25 , 1997, and of each
4 year thereafter on June 25 except that of the amounts credited to the
5 gaming revenues fund which are in excess of $50,000,000 as of June 25,
6 1997, June 25, 1998, June 25, 1999, and June 25, 2000, the first $5,000,000
7 of such amount in excess of $50,000,000 shall be credited to the state
8 tourism fund on each such date.
9 New Sec. 5. (a) The division of travel and tourism of the Kansas
10 department of commerce and housing shall prepare, with review and
11 input from the travel industry association of Kansas, a request for pro-
12 posals for a consultant to do a large scale study of public and private
13 tourism efforts in Kansas.
14 (b) A notice of the request for proposals shall be published once each
15 week for two consecutive weeks in a newspaper having general circulation
16 in the community at least 30 days before any action thereon. The request
17 for proposals shall also be posted on readily accessible bulletin boards in
18 all offices of the department of commerce and housing and sent else-
19 where as the director of travel and tourism development deems best.
20 (c) The request for proposals shall provide performance specifica-
21 tions, terms, conditions and other information as deemed advisable to
22 facilitate the submission of a comprehensive proposal, including, but not
23 limited to, the fact that the study will:
24 (1) Analyze the strengths, weaknesses, opportunities and threats that
25 face development of Kansas tourism;
26 (2) address the interrelationship between public and private sector
27 efforts in developing Kansas tourism;
28 (3) address the interrelationship between state and local interests in
29 developing Kansas tourism;
30 (4) make specific recommendations for the attraction, development
31 and improvement of tourism in Kansas; and
32 (5) be completed by January, 1, 1998, with a report on the study's
33 results and recommendations derived therefrom to be presented to the
34 legislature, house committee on tourism, senate committee on transpor-
35 tation and tourism and to the governor during the 1998 legislative session.
36 (d) Once the requested proposals are submitted, a council on tourism
37 will review the proposals and will participate in the interviewing process
38 and final selection of a consultant.
39 (e) Following negotiations and development of the proposed agree-
40 ment, the legislative coordinating council will approve the final contract.
41 New Sec. 6. Once the consultant is selected and the contract ap-
42 proved under section 5, the selected plan's implementation will be subject
43 to oversight, review and approval by the council on tourism.
H Sub. for SB 168
1 New Sec. 7. For the purpose of section 5, the funds required to pay
2 for the study shall come from state funds taken from the economic de-
3 velopment initiatives fund under K.S.A. 79-4804 and amendments
4 thereto which are appropriated to the department of commerce and hous-
6 Sec. 8. K.S.A. 1996 Supp. 79-4801 is hereby repealed.
7 Sec. 9. This act shall take effect and be in force from and after its
8 publication in the Kansas register.