HB 2374--Fur. Am. by S
As Further Amended by Senate
As Amended by Senate Committee
[As Amended by House Committee of the
As Amended by House Committee
Session of 1997
HOUSE BILL No. 2374
By Committee on Tourism
16 AN ACT relating to travel and tourism
,; concerning requests for pro-
17 posals; establishing a state tourism fund and a council on tourism;
18 amending K.S.A. 74-9001 and K.S.A. 1996 Supp. 79-4801 and re-
19 pealing the existing section sections section.
21 Be it enacted by the Legislature of the State of Kansas:
22 New Section 1. (a) There is hereby established in the state treasury
23 the state tourism fund. All moneys credited to the state tourism fund shall
24 only be used for expenditures for the purposes of developing new tourism
25 attractions in Kansas and to significantly expand existing tourism attrac-
26 tions in Kansas. Both public and private entities shall be eligible to apply
27 for funds under the provisions of this act.
28 (b) The secretary of commerce and housing shall administer the pro-
29 visions of this act. The secretary may adopt rules and regulations estab-
30 lishing criteria for obtaining grants and other expenditures from such fund
31 and other matters deemed necessary for the administration of this act.
32 (c) All expenditures from such fund shall be made in accordance with
33 appropriation acts upon warrants of the accounts and reports issued pur-
34 suant to vouchers approved by the secretary of commerce and housing
35 or the secretary's designee.
36 (d) The secretary of commerce and housing shall prepare and submit
37 budget estimates for all proposed expenditures from the state tourism
38 fund in accordance with the provisions of K.S.A. 75-3717 and 75-3717b
39 and amendments thereto. Such budget estimates shall include detailed
40 information regarding all proposed expenditures for programs, projects,
41 activities and other matters and shall set forth separately each program,
42 project, activity or other expenditure for which the proposed expenditures
43 from the state tourism fund for a fiscal year are for an amount that is
HB 2374--Fur. Am. by S
1 equal to $50,000 or more. Appropriations for the department of com-
2 merce and housing of moneys in the state tourism fund for each program,
3 project, activity or other expenditure for a fiscal year for an amount that
4 is equal to $50,000 or more shall be made as a separate item of appro-
6 (e) The legislature
may shall approve or disapprove of any itemized
7 expenditure from the state tourism fund , but may not add additional
8 projects to be funded.
9 (f) On or before the 10th of each month, the director of accounts and
10 reports shall transfer from the state general fund to the state tourism fund
11 established in subsection (a) interest earnings based on:
12 (1) The average daily balance of moneys in the state tourism fund for
13 the preceding month; and
14 (2) the net earnings rate of the pooled money investment portfolio
15 for the preceding month.
16 New Sec. 2. (a) There is hereby established a council on tourism.
17 The council shall consist of the following nine members:
18 (1) The secretary of commerce and housing or the secretary's des-
20 (2) The secretary of wildlife and parks or the secretary's designee;
21 (3) the executive director of the travel industry association of Kansas
22 or the executive director's designee;
23 (4) the chairperson and ranking minority member of the house tour-
24 ism committee;
25 (5) the chairperson and ranking minority member of the senate trans-
26 portation and tourism committee;
27 (6) the chairperson of the governor's travel and tourism commission;
29 (7) one member at large from the state appointed by the governor.
30 (b) The council on tourism shall oversee all matters concerning the
31 state tourism fund and expenditures therefrom.
32 (c) The council shall, by a majority vote, recommend for inclusion in
33 the department of commerce and housing budget expenditures from the
34 state tourism fund.
35 (d) The council shall elect a chairperson, vice-chairperson and sec-
36 retary from among its members and shall meet at the call of the chair-
38 New Sec. 3. 2. (a) The council on tourism commission on travel
39 and tourism, established under K.S.A. 74-9001, and amendments
40 thereto, shall oversee all matters concerning the state tourism fund
41 and expenditures therefrom.
42 (b) The council commission shall, by a majority vote, determine
43 for inclusion in the department of commerce and housing budget
HB 2374--Fur. Am. by S
1 expenditures from the state tourism fund.
(e) (c) The members of the council attending meetings of the council
3 authorized by the chairperson shall receive no compensation for their
4 services but shall be paid subsistence allowances, mileage and other ex-
5 penses as provided in subsections (b), (c) and (d) of K.S.A. 75-3223 and
6 amendments thereto out of the budget appropriations for the de-
7 partment of commerce and housing.
8 New Sec. 3. (a) The division of travel and tourism of the Kansas
9 department of commerce and housing shall prepare, with review
10 and input from the travel industry association of Kansas, a request
11 for proposals for a consultant to do a large scale study of public
12 and private tourism efforts in Kansas.
13 (b) A notice of the request for proposals shall be published once
14 each week for two consecutive weeks in a newspaper having general
15 circulation in the community at least 30 days before any action
16 thereon. The request for proposals shall also be posted on readily
17 accessible bulletin boards in all offices of the department of com-
18 merce and housing and sent elsewhere as the director of travel and
19 tourism development deems best.
20 (c) The request for proposals shall provide performance speci-
21 fications, terms, conditions and other information as deemed advis-
22 able to facilitate the submission of a comprehensive proposal, in-
23 cluding, but not limited to, the fact that the study will:
24 (1) Analyze the strengths, weaknesses, opportunities and threats
25 that face development of Kansas tourism;
26 (2) address the interrelationship between public and private
27 sector efforts in developing Kansas tourism;
28 (3) address the interrelationship between state and local inter-
29 ests in developing Kansas tourism;
30 (4) make specific recommendations for the attraction, develop-
31 ment and improvement of tourism in Kansas; and
32 (5) be completed by January, 1, 1998, with a report on the stu-
33 dy's results and recommendations derived therefrom to be pre-
34 sented to the legislature, house committee on tourism, senate com-
35 mittee on transportation and tourism and to the governor during
36 the 1998 legislative session.
37 (d) Once the requested proposals are submitted, it shall be the
38 duty of the commission on travel and tourism, established under
39 K.S.A. 74-9001, and amendments thereto, to review the proposals
40 and participate in the interviewing process and final selection of a
42 (e) Following negotiations and development of the proposed
43 agreement, the commission on travel and tourism shall approve the
HB 2374--Fur. Am. by S
1 final contract.
2 (f) Once the consultant is selected and the contract approved
3 under this section, the selected plan's implementation shall be sub-
4 ject to oversight, review and approval by the commission on travel
5 and tourism.
6 (g) For the purposes of this section, the funds required to pay
7 for the study shall come from state funds taken from the economic
8 development initiatives fund under K.S.A. 79-4804, and amend-
9 ments thereto which are appropriated to the department of com-
10 merce and housing.
11 Sec. 4. K.S.A. 74-9001 is hereby amended to read as follows:
12 74-9001. (a) There is hereby established the commission on travel
13 and tourism. The commission shall consist of
15 17 voting members
14 as follows: (1) One member of the senate appointed by the president of
15 the senate; (2) one member of the senate appointed by the minority
16 leader of the senate; (3) one member of the house of representatives
17 appointed by the speaker of the house of representatives; (4) one member
18 of the house of representatives appointed by the minority leader The
19 chairperson, vice-chairperson and ranking minority member of the stand-
20 ing committee on transportation and tourism of the senate; (2) the chair-
21 person, vice-chairperson and ranking minority member of the standing
22 committee on tourism of the house of representatives; and (5) (3)
23 eleven members appointed by the governor. Of the 11 members ap-
24 pointed by the governor, one shall be appointed from a list of three
25 nominations made by the travel industry association of Kansas, one
26 shall be appointed from a list of three nominations made by the
27 Kansas lodging association, one shall be appointed from a list of
28 three nominations made by the Kansas restaurant association, one
29 shall be appointed from a list of three nominations made by the
30 Kansas oil marketers and convenience store association and seven
31 shall be appointed to represent the general public. In addition to
32 the voting members of the commission, four members of the com-
33 mission shall serve ex officio: The secretary of commerce, the sec-
34 retary of transportation, the secretary of wildlife and parks and the
35 secretary of the state historical society. Each ex officio member of
36 the commission may designate an officer or employee of the state
37 agency of the ex officio member to serve on the commission in place
38 of the ex officio member. The ex officio members of the commission,
39 or their designees, shall be nonvoting members of the commission
40 and shall provide information and advice to the commission.
41 (b) Legislator members shall be appointed for terms coinciding
42 with the terms for which such members are elected, except that on
43 July 1, 1997, the four legislator members serving on the commission im-
HB 2374--Fur. Am. by S
1 mediately prior to such date shall cease to be members of the commission
2 and the legislator members specified in paragraphs (1) and (2) of subsec-
3 tion (a) shall serve on the commission. Of the 11 members first ap-
4 pointed by the governor, six shall be appointed for terms of three
5 years and five shall be appointed for terms of two years as deter-
6 mined by the governor. Thereafter, all members appointed by the
7 governor shall be appointed for terms of three years. All members
8 appointed to fill vacancies in the membership of the commission and
9 all members appointed to succeed members appointed to member-
10 ship on the commission shall be appointed in like manner as that
11 provided for the original appointment of the member succeeded.
12 (c) The governor shall designate annually a chairperson and
13 vice-chairperson for the commission from among its members. The
14 commission shall meet at least four times each year at the call of
15 the chairperson of the commission. Eight voting members of the
16 commission shall constitute a quorum.
17 (d) Members of the commission attending meetings of such com-
18 mission, or attending a subcommittee meeting thereof authorized
19 by such commission, shall be paid amounts for mileage as provided
20 in subsection (c) of K.S.A. 75-3223 and amendments thereto, or a
21 lesser amount as determined by the secretary of commerce.
22 Amounts paid under this subsection (d) to ex officio members of the
23 commission, or their designees, shall be from appropriations to the
24 state agencies of which such members are officers or employees
25 upon warrants of the director of accounts and reports issued pur-
26 suant to vouchers approved by the chief administrative officers of
27 such agencies. Amounts paid under this subsection (d) to voting
28 members of the commission shall be from moneys available for the
29 payment of such amounts upon warrants of the director of accounts
30 and reports issued pursuant to vouchers approved by the chairper-
31 son of the commission.
Sec. 3. 4. 5. K.S.A. 1996 Supp. 79-4801 is hereby amended to read
33 as follows: 79-4801. There is hereby created the state gaming revenues
34 fund in the state treasury. All moneys credited to such fund shall be
35 expended or transferred only for the purposes and in the manner pro-
36 vided by this act and all expenditures from the state gaming revenues
37 fund shall be made in accordance with appropriation acts. All moneys
38 credited to such fund shall be allocated and credited monthly to the funds
39 and in the amounts specified by this act except that the total of the
40 amounts credited to such funds in any one fiscal year pursuant to this act
41 shall not exceed $50,000,000 [and except that of the moneys that
42 would be otherwise credited to the state gaming revenues fund dur-
43 ing the period from July 1, 1997, through June 30, 2001, the first
HB 2374--Fur. Am. by S
$5,000,000 received for credit to the state gaming revenues fund for
2 each fiscal year during such period shall be credited to the state
3 tourism fund, shall not be credited to the state gaming revenues
4 fund and shall be deemed to be credited to the state gaming reve-
5 nues fund for any purpose under any statute during such period] .
6 All amounts credited to such [the state gaming revenues] fund in any
7 one fiscal year which are in excess of $50,000,000 shall be transferred and
8 credited to the state general fund on July 15, 1996, and June 25 , 1997,
9 and of each year thereafter on June 25 except that of the amounts credited
10 to the gaming revenues fund which are in excess of $50,000,000 as of June
11 25, 1997, June 25, 1998, June 25, 1999, and June 25, 2000, the first
12 $5,000,000 of such amount in excess of $50,000,000 shall be credited to
13 the state tourism fund on each such date , except that of the amounts
14 credited to the gaming revenues fund which are in excess of
15 $50,000,000 as of June 25, 1997, and each June 25 thereafter, the
16 first $1,000,000 of such amount in excess of $50,000,000 shall be
17 credited to the state tourism fund on such date.
18 Sec. 4. 5. 6. 5. K.S.A. 74-9001
and K.S.A. 1996 Supp. 79-4801 is
19 are is hereby repealed.
20 Sec. 5. 6. 7. 6. This act shall take effect and be in force from and
21 after its publication in the Kansas register.