Session of 2000
Effective: July 1, 2000

HOUSE BILL No. 2592

      An Act concerning the Kansas arts commission; relating to terms of members; affecting
         officer nomenclature; amending K.S.A. 74-5202 and 74-5204 and repealing the existing
         sections.


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

      Section  1. K.S.A. 74-5202 is hereby amended to read as follows: 74-
5202. There is hereby created a Kansas arts commission which shall be
composed of twelve (12) members to be appointed by the governor and
to serve for terms of four (4) years, except that of the members first
appointed three (3) shall have terms of one year, three (3) shall have
terms of two years, three (3) shall have terms of three years and three (3)
shall have terms of four (4) years. Upon expiration of the term of each
member serving on the Kansas cultural arts commission is hereby abol-
ished and not more than eight (8) of its members shall be appointed
initially to the Kansas arts commission on the effective date of this act,
the governor shall appoint a successor for a term of three years. Members
serving on the commission on the effective date of this act may be reap-
pointed to a term of three years. Members may not serve more than four
consecutive years two terms and are not eligible for reappointment until
a year following the end of their second term of office. The membership
of the board shall broadly represent as many of the arts as may be prac-
ticable, including the fields of painting, music, sculpture, literature,
drama, dance, film, crafts, and architecture. Said commission shall have
a president chairperson, vice-president vice-chairperson, and secretary-
treasurer, which officers shall be designated by the governor from the
membership of the commission. The commission shall meet upon call of
the president chairperson, but at least once each quarter. Members of
the Kansas arts commission attending meetings of such commission, or
attending a subcommittee meeting thereof authorized by such commis-
sion, shall be paid compensation, subsistence allowances, mileage and
other expenses as provided in K.S.A. 75-3223, and amendments thereto.
Employment by the state, or any instrumentality or subdivision thereof
of the state, shall not prevent any person from accepting appointment to
and serving upon said on the commission. The powers, functions and
duties of the Kansas cultural arts commission are hereby transferred to
the Kansas arts commission. Whenever in any statute, contract, will or
other document the term Kansas cultural arts commission, or words of
like effect appears, the same shall mean the Kansas arts commission.

      Sec.  2. K.S.A. 74-5204 is hereby amended to read as follows:  74-
5204. (a) The Kansas arts commission shall be the official agency of the
state for the development and coordination of the arts within the state.

      (b) The commission shall support, coordinate, foster and develop the
arts and their practice within this state.

      (c) The commission may develop a program or programs of coordi-
nation consistent with the purposes of this act between the state and any
local subdivision of government within this state, private agencies, organ-
izations, associations, or with the United States or any agency or instru-
mentality thereof.

      (d) The commission may accept funds, artifacts or property from any
person, corporation, association, or from the federal government, or any
agency or instrumentality thereof, or from any subdivision of government
of this state, for any purpose relating to the promotion or expansion of
the arts. Property or artifacts received may be sold, transferred, traded,
loaned, or disposed of in any manner consistent with the purposes of this
act and any lawful conditions under which such property has been ac-
cepted and received by the commission. The commission shall remit all
moneys received by or for it under this subsection to the state treasurer
at least monthly. Upon receipt of any such remittance the state treasurer
shall deposit the entire amount thereof in the state treasury and the same
shall be credited to the Kansas arts commission gifts, grants and bequests
fund.

      (e) The commission may accept and receive funds, including funds
from the sale of property, real or personal, the acceptance of which is
subject to use for a purpose specified by the donor of such funds. The
commission shall remit all moneys received by or for it under this sub-
section to the state treasurer at least monthly. Upon receipt of any such
remittance the state treasurer shall deposit the entire amount thereof in
the state treasury and the same shall be credited to the Kansas arts com-
mission special gifts fund. All moneys, funds and accounts of the com-
mission shall be subject to post audit under article 11 of chapter 46 of
the Kansas Statutes Annotated. Acceptance of real property by the com-
mission for retention by it shall be subject to ratification or rejection by
the next succeeding session of the legislature.

      (f) The commission may enter into agreement with other states, or
with the United States or any agency or instrumentality thereof, having
duties or functions similar to the commission, or with private associations
or corporations, or with private or public colleges or universities, or with
any public or private school, or with individual persons, for any purpose
consistent with the objectives and purposes of this act.

      (g) The commission may prepare, promulgate or publish advertising
and promotional books, pamphlets and materials consistent with the pur-
poses of this act, and shall prepare and publish reports or surveys con-
taining information relating to the arts and the activities of the commis-
sion or other agencies, public or private, as may be requested by the
governor or the legislature.

      (h) The commission may formulate, in cooperation with the state
board of education, programs furthering the arts in education, including
artists-in-residence programs. Such programs shall be designed to foster
a greater understanding and knowledge of the arts, to utilize the arts as
an intellectual stimulus, to utilize the arts as an aid in dealing with per-
sonal and social adjustment problems or learning disabilities, and to fa-
cilitate and to improve other academic courses or programs by using the
arts as an educational tool and medium. The commission may disseminate
information about such programs. Any board of education or the govern-
ing body of any other political subdivision, or any agent or employee
thereof, may request information on such programs or request to partic-
ipate in such programs, and such board of education or governing body
may implement such programs within such political subdivision.

      (i) The commission may appoint an executive director who shall be
in the unclassified service under the Kansas civil service act and who shall
receive an annual salary fixed by the commission and approved by the
governor. The commission may appoint other necessary employees who
shall be in the classified service of the Kansas civil service act.

      (j) All expenditures of the commission shall be made in accordance
with appropriation acts upon warrants of the director of accounts and
reports issued pursuant to vouchers approved by the president chairper-
son of the commission or by a person or persons designated by the pres-
ident chairperson.

      (k) The commission may do any and all other acts or things as may
be deemed necessary and convenient by the commission to foster and
promote the development of the arts in this state.

      Sec.  3. K.S.A. 74-5202 and 74-5204 are hereby repealed.


      Sec.  4. This act shall take effect and be in force from and after its
publication in the statute book.